SB237: Bill Text

SB237, s. 509 Section 509. 946.42 (4) of the statutes is repealed.

SB237, s. 510 Section 510. 946.425 (1) of the statutes is amended to read:

SB237,133,22 946.425 (1) Any person who is subject to a series of periods of imprisonment under s. 973.03 (5) (b) and who intentionally fails to report to the county jail as required under the sentence is guilty of a Class D H felony.

SB237, s. 511 Section 511. 946.425 (1m) (b) of the statutes is amended to read:

SB237,134,2 946.425 (1m) (b) Any person who receives a stay of execution of a sentence of imprisonment of 10 or more days to a county jail under s. 973.15 (8) (a) and who intentionally fails to report to the county jail as required under the sentence is guilty of a Class D H felony.

SB237, s. 512 Section 512. 946.425 (1r) (b) of the statutes is amended to read:

SB237,134,7 946.425 (1r) (b) Any person who is subject to a confinement order under s. 973.09 (4) as the result of a conviction for a felony and who intentionally fails to report to the county jail or house of correction as required under the order is guilty of a Class D H felony.

SB237, s. 513 Section 513. 946.425 (2) of the statutes is repealed.

SB237, s. 514 Section 514. 946.43 (intro.) of the statutes is amended to read:

SB237,134,12 946.43 Assaults by prisoners. (intro.) Any prisoner confined to a state prison or other state, county or municipal detention facility who intentionally does any of the following is guilty of a Class C F felony:

SB237, s. 515 Section 515. 946.44 (1) (intro.) of the statutes is amended to read:

SB237,134,14 946.44 (1) (intro.) Whoever does the following is guilty of a Class D H felony:

SB237, s. 516 Section 516. 946.44 (1g) of the statutes is amended to read:

SB237,134,17 946.44 (1g) Any public officer or public employe who violates sub. (1) (a) or (b) is guilty of a Class C F felony.

SB237, s. 517 Section 517. 946.44 (1m) of the statutes is amended to read:

SB237,134,22 946.44 (1m) Whoever intentionally introduces into an institution where prisoners are detained or transfers to a prisoner any firearm, whether loaded or unloaded, or any article used or fashioned in a manner to lead another person to believe it is a firearm, is guilty of a Class C F felony.

SB237, s. 518 Section 518. 946.47 (1) (intro.) of the statutes is amended to read:

SB237,134,25 946.47 (1) (intro.) Whoever does either of the following is guilty of a Class E I felony:

SB237, s. 519 Section 519. 946.48 (1) of the statutes is amended to read:

SB237,135,5 946.48 (1) Whoever sends, delivers, or causes to be transmitted to another any written or oral communication with intent to induce a false belief that the sender has knowledge of the whereabouts, physical condition, or terms imposed upon the return of a kidnapped or missing person is guilty of a Class D H felony.

SB237, s. 520 Section 520. 946.49 (1) (b) of the statutes is amended to read:

SB237,135,8 946.49 (1) (b) If the offense with which the person is charged is a felony, guilty of a Class D H felony.

SB237, s. 521 Section 521. 946.49 (2) of the statutes is amended to read:

SB237,135,11 946.49 (2) A witness for whom bail has been required under s. 969.01 (3) is guilty of a Class E I felony for failure to appear as provided.

SB237, s. 522 Section 522. 946.50 (5d) of the statutes is created to read:

SB237,135,14 946.50 (5d) A Class F felony, if the person was adjudicated delinquent for committing an act that would be a Class F felony if committed by an adult.

SB237, s. 523 Section 523. 946.50 (5h) of the statutes is created to read:

SB237,135,17 946.50 (5h) A Class G felony, if the person was adjudicated delinquent for committing an act that would be a Class G felony if committed by an adult.

SB237, s. 524 Section 524. 946.50 (5p) of the statutes is created to read:

SB237,135,20 946.50 (5p) A Class H felony, if the person was adjudicated delinquent for committing an act that would be a Class H felony if committed by an adult.

SB237, s. 525 Section 525. 946.50 (5t) of the statutes is created to read:

SB237,135,23 946.50 (5t) A Class I felony, if the person was adjudicated delinquent for committing an act that would be a Class I felony if committed by an adult.

SB237, s. 526 Section 526. 946.60 (1) of the statutes is amended to read:

SB237,136,4 946.60 (1) Whoever intentionally destroys, alters, mutilates, conceals, removes, withholds or transfers possession of a document, knowing that the document has been subpoenaed by a court or by or at the request of a district attorney or the attorney general, is guilty of a Class E I felony.

SB237, s. 527 Section 527. 946.60 (2) of the statutes is amended to read:

SB237,136,10 946.60 (2) Whoever uses force, threat, intimidation or deception, with intent to cause or induce another person to destroy, alter, mutilate, conceal, remove, withhold or transfer possession of a subpoenaed document, knowing that the document has been subpoenaed by a court or by or at the request of a district attorney or the attorney general, is guilty of a Class E I felony.

SB237, s. 528 Section 528. 946.61 (1) (intro.) of the statutes is amended to read:

SB237,136,13 946.61 (1) (intro.) Whoever does any of the following is guilty of a Class D H felony:

SB237, s. 529 Section 529. 946.64 of the statutes is amended to read:

SB237,136,19 946.64 Communicating with jurors. Whoever, with intent to influence any person, summoned or serving as a juror, in relation to any matter which is before that person or which may be brought before that person, communicates with him or her otherwise than in the regular course of proceedings in the trial or hearing of that matter is guilty of a Class E I felony.

SB237, s. 530 Section 530. 946.65 (1) of the statutes is amended to read:

SB237,136,23 946.65 (1) Whoever for a consideration knowingly gives false information to any officer of any court with intent to influence the officer in the performance of official functions is guilty of a Class E I felony.

SB237, s. 531 Section 531. 946.68 (1r) (a) of the statutes is amended to read:

SB237,137,2 946.68 (1r) (a) Except as provided in pars. (b) and (c), whoever sends or delivers to another any document which simulates legal process is guilty of a Class E I felony.

SB237, s. 532 Section 532. 946.68 (1r) (b) of the statutes is amended to read:

SB237,137,5 946.68 (1r) (b) If the document under par. (a) is sent or delivered with intent to induce payment of a claim, the person is guilty of a Class D H felony.

SB237, s. 533 Section 533. 946.68 (1r) (c) of the statutes is amended to read:

SB237,137,8 946.68 (1r) (c) If the document under par. (a) simulates any criminal process, the person is guilty of a Class D H felony.

SB237, s. 534 Section 534. 946.69 (2) (intro.) of the statutes is amended to read:

SB237,137,11 946.69 (2) (intro.) Whoever does any of the following is guilty of a Class E I felony:

SB237, s. 535 Section 535. 946.70 (2) of the statutes is amended to read:

SB237,137,15 946.70 (2) Any person violating sub. (1) with the intent to commit or aid or abet the commission of a crime other than the crime under this section is guilty of a Class D H felony.

SB237, s. 536 Section 536. 946.72 (1) of the statutes is amended to read:

SB237,137,18 946.72 (1) Whoever with intent to injure or defraud destroys, damages, removes or conceals any public record is guilty of a Class D H felony.

SB237, s. 537 Section 537. 946.74 (2) of the statutes is amended to read:

SB237,137,22 946.74 (2) Whoever violates sub. (1) with intent to commit a crime against sexual morality with or upon the inmate of the institution is guilty of a Class D H felony.

SB237, s. 538 Section 538. 946.76 of the statutes is amended to read:

SB237,138,3 946.76 Search warrant; premature disclosure. Whoever discloses prior to its execution that a search warrant has been applied for or issued, except so far as may be necessary to its execution, is guilty of a Class E I felony.

SB237, s. 539 Section 539. 946.82 (4) of the statutes is amended to read:

SB237,138,18 946.82 (4) "Racketeering activity" means any activity specified in 18 USC 1961 (1) in effect as of April 27, 1982 or the attempt, conspiracy to commit, or commission of any of the felonies specified in: chs. 945 and 961 and ss. 49.49, 134.05, 139.44 (1), 180.0129, 181.0129, 185.825, 200.09 (2), 215.12, 221.0625, 221.0636, 221.0637, 221.1004, 551.41, 551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (3) (4) to (6), 940.20, 940.201, 940.203, 940.21, 940.30, 940.305, 940.31, 941.20 (2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 943.01 (2) or (2g), 943.011, 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (b) to (d) (e), 943.201, 943.23 (1g), (1m), (1r), (2) and (3), 943.24 (2), 943.25, 943.27, 943.28, 943.30, 943.32, 943.34 (1) (b), (bm) and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (b), (bm) and (c), 943.60, 943.70, 944.205, 944.21 (5) (c) and (e), 944.32, 944.33 (2), 944.34, 945.03, 945.04, 945.05, 945.08, 946.10, 946.11, 946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76, 947.015, 948.05, 948.08, 948.12 and 948.30.

SB237, s. 540 Section 540. 946.84 (1) of the statutes is amended to read:

SB237,138,21 946.84 (1) Any person convicted of engaging in racketeering activity in violation of s. 946.83 is guilty of a Class C E felony.

SB237, s. 541 Section 541. 946.85 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,139,3 946.85 (1) Any person who engages in a continuing criminal enterprise shall be imprisoned for not less than 10 years nor more than 30 years, and fined not more than $10,000 or as provided in s. 946.84 (2). If the court imposes a sentence less than the presumptive minimum sentence, it shall place its reasons for doing so on the record is guilty of a Class E felony.

SB237, s. 542 Section 542. 947.013 (1t) of the statutes is amended to read:

SB237,139,8 947.013 (1t) Whoever violates sub. (1r) is guilty of a Class E I felony if the person has a prior conviction under this subsection or sub. (1r), (1v) or (1x) or s. 940.32 (2), (2m), (3) or (3m) involving the same victim and the present violation occurs within 7 years of the prior conviction.

SB237, s. 543 Section 543. 947.013 (1v) of the statutes is amended to read:

SB237,139,13 947.013 (1v) Whoever violates sub. (1r) is guilty of a Class D H felony if he or she intentionally gains access to a record in electronic format that contains personally identifiable information regarding the victim in order to facilitate the violation under sub. (1r).

SB237, s. 544 Section 544. 947.013 (1x) (intro.) of the statutes is amended to read:

SB237,139,16 947.013 (1x) (intro.) Whoever violates sub. (1r) under all of the following circumstances is guilty of a Class D H felony:

SB237, s. 545 Section 545. 947.015 of the statutes is amended to read:

SB237,139,21 947.015 Bomb scares. Whoever intentionally conveys or causes to be conveyed any threat or false information, knowing such to be false, concerning an attempt or alleged attempt being made or to be made to destroy any property by the means of explosives is guilty of a Class E I felony.

SB237, s. 546 Section 546. 948.02 (2) of the statutes is amended to read:

SB237,139,25 948.02 (2) Second degree sexual assault. Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 16 years is guilty of a Class BC C felony.

SB237, s. 547 Section 547. 948.02 (3) of the statutes is amended to read:

SB237,140,10 948.02 (3) Failure to act. A person responsible for the welfare of a child who has not attained the age of 16 years is guilty of a Class C F felony if that person has knowledge that another person intends to have, is having or has had sexual intercourse or sexual contact with the child, is physically and emotionally capable of taking action which will prevent the intercourse or contact from taking place or being repeated, fails to take that action and the failure to act exposes the child to an unreasonable risk that intercourse or contact may occur between the child and the other person or facilitates the intercourse or contact that does occur between the child and the other person.

SB237, s. 548 Section 548. 948.02 (3m) of the statutes is repealed.

SB237, s. 549 Section 549. 948.025 (1) of the statutes is renumbered 948.025 (1) (intro.) and amended to read:

SB237,140,15 948.025 (1) (intro.) Whoever commits 3 or more violations under s. 948.02 (1) or (2) within a specified period of time involving the same child is guilty of a:

SB237,140,16 (a) A Class B felony if at least 3 of the violations were violations of s. 948.02 (1).

SB237, s. 550 Section 550. 948.025 (1) (b) of the statutes is created to read:

SB237,140,19 948.025 (1) (b) A Class C felony if fewer than 3 of the violations were violations of s. 948.02 (1).

SB237, s. 551 Section 551. 948.025 (2) of the statutes is renumbered 948.025 (2) (b) and amended to read:

SB237,141,2 948.025 (2) (b) If an action under sub. (1) (b) is tried to a jury, in order to find the defendant guilty the members of the jury must unanimously agree that at least 3 violations of s. 948.02 (1) or (2) occurred within the time specified period applicable under sub. (1) of time but need not agree on which acts constitute the requisite number and need not agree on whether a particular violation was a violation of s. 948.02 (1) or (2).

SB237, s. 552 Section 552. 948.025 (2) (a) of the statutes is created to read:

SB237,141,7 948.025 (2) (a) If an action under sub. (1) (a) is tried to a jury, in order to find the defendant guilty the members of the jury must unanimously agree that at least 3 violations of s. 948.02 (1) occurred within the specified period of time but need not agree on which acts constitute the requisite number.

SB237, s. 553 Section 553. 948.025 (2m) of the statutes is repealed.

SB237, s. 554 Section 554. 948.03 (2) (a) of the statutes is amended to read:

SB237,141,11 948.03 (2) (a) Whoever intentionally causes great bodily harm to a child is guilty of a Class C E felony.