SB363: Bill Text

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB363, s. 1 Section 1. 48.685 (5) (bm) 4. of the statutes is amended to read:

SB363,13,5 48.685 (5) (bm) 4. A violation of s. 940.19 (2), (3), (4), (5) or (6), 940.20, 940.203, 940.205 or 940.207 or 940.204 or an offense under ch. 961 that is a felony, if committed not more than 5 years before the date of the investigation under sub. (2) (am).

SB363, s. 2 Section 2. 59.54 (6) of the statutes is amended to read:

SB363,14,3 59.54 (6) Peace and order. The board may enact and enforce ordinances to preserve the public peace and good order within the county including, but not limited by enumeration, ordinances prohibiting conduct that is the same as or similar to conduct that is prohibited by ss. 947.01 and 947.02 947.12, and provide a forfeiture for a violation of the ordinances.

SB363, s. 3 Section 3. 115.31 (2g) of the statutes is amended to read:

SB363,14,8 115.31 (2g) Notwithstanding subch. II of ch. 111, the state superintendent shall revoke a license granted by the state superintendent, without a hearing, if the licensee is convicted of any Class A, B, C, or D felony under ch. 940 or 948, except ss. s. 940.08 and 940.205, for a violation that occurs on or after September 12, 1991.

SB363, s. 4 Section 4. 118.19 (4) (a) of the statutes is amended to read:

SB363,14,16 118.19 (4) (a) Notwithstanding subch. II of ch. 111, the state superintendent may not grant a license to any person who has been convicted of any Class A, B, C, or D felony under ch. 940 or 948, except ss. s. 940.08 and 940.205, or of an equivalent crime in another state or country, for a violation that occurs on or after September 12, 1991, for 6 years following the date of the conviction, and may grant the license only if the person establishes by clear and convincing evidence that he or she is entitled to the license.

SB363, s. 5 Section 5. 165.25 (2m) of the statutes is created to read:

SB363,14,21 165.25 (2m) Petition for and represent state in statewide John Doe and grand jury proceedings. Petition for and represent the state in John Doe proceedings having statewide jurisdiction under s. 968.26 (2) and in grand jury proceedings having statewide jurisdiction under s. 968.40.

SB363, s. 6 Section 6. 165.55 (3) of the statutes is amended to read:

SB363,15,7 165.55 (3) When, in the opinion of the state fire marshal, investigation is necessary, he or she shall take or cause to be taken the testimony on oath of all persons supposed to be cognizant of any facts or to have any means of knowledge in relation to any case of damage to property by fire or explosives. If the state fire marshal is of the opinion that there is evidence sufficient to charge any person with a crime under s. 941.11, 943.01, 943.012, 943.013 943.0135, 943.02, 943.03 or 943.04 or with an attempt to commit any of those crimes, he or she shall cause the person to be prosecuted, and furnish the prosecuting attorney the names of all witnesses and all the information obtained by him or her, including a copy of all testimony taken in the investigation.

SB363, s. 7 Section 7. 165.70 (1) (b) of the statutes is amended to read:

SB363,15,11 165.70 (1) (b) Enforce chs. 945 and 961 and ss. 940.20 (3), 940.201, 941.25 to 941.27, 943.01 (2) (c), 943.011, 943.27, 943.28, 943.30, 944.30, 944.31, 944.32, 944.33, 944.34, 946.65, 947.02 947.12 (3) and (4), and 948.08.

SB363, s. 8 Section 8. 301.048 (2) (bm) 1. a. of the statutes is amended to read:

SB363,15,20 301.048 (2) (bm) 1. a. A crime specified in s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (3), (4) or (5), 940.195 (3), (4) or (5), 940.20, 940.201, 940.203 940.204, 940.21, 940.225 (1) to (3), 940.23, 940.285 (2) (a) 1. or 2., 940.29, 940.295 (3) (b) 1g., 1m., 1r., 2. or 3., 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013 943.0135, 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.30, 943.32, 946.43, 947.015, 946.625 (1) to (3), 946.635 (1) to (3), 946.64 (4), 947.05, 947.07, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07, 948.08 or 948.30.

SB363, s. 9 Section 9. 343.237 (3) (d) of the statutes is repealed.

SB363, s. 10 Section 10. 440.475 (1) of the statutes is renumbered 440.475 (1) (intro.) and amended to read:

SB363,16,4 440.475 (1) (intro.) The department may deny, limit, suspend, or revoke the registration of a charitable organization, fund-raising counsel, or professional fund-raiser, or may reprimand a charitable organization, fund-raising counsel, or professional fund-raiser that is registered under this subchapter, if the department finds that the charitable organization, fund-raising counsel, or professional fund-raiser has made done any of the following:

SB363,16,7 (a) Made a false statement in any registration statement, annual report, or other information required to be filed under, or has otherwise violated, this subchapter or the rules promulgated under this subchapter.

SB363, s. 11 Section 11. 440.475 (1) (b) of the statutes is created to read:

SB363,16,10 440.475 (1) (b) Violated this subchapter or the rules promulgated under this subchapter.

SB363, s. 12 Section 12. 440.475 (1) (c) of the statutes is created to read:

SB363,16,12 440.475 (1) (c) Violated s. 947.08.

SB363, s. 13 Section 13. 786.36 (4) of the statutes is amended to read:

SB363,16,16 786.36 (4) Any change of A petition under sub. (1) is the exclusive method for changing a name other than as authorized by law is void except if the name change is in connection with a marriage, divorce, or adoption or is made under s. 69.15 (4m).

SB363, s. 14 Section 14. 895.01 (1) (g) of the statutes is amended to read:

SB363,16,19 895.01 (1) (g) Causes of action for a violation of s. 968.31 (2m) (2g) or other damage to the person.

SB363, s. 15 Section 15. 895.035 (4a) (a) 2. of the statutes is amended to read:

SB363,16,22 895.035 (4a) (a) 2. An act resulting in a violation of s. 943.01, 943.02, 943.03, 943.05, 943.06 or 947.015, 947.05, or 947.07 (5).

SB363, s. 16 Section 16. 938.396 (2) (j) of the statutes is amended to read:

SB363,17,5 938.396 (2) (j) Upon request of a fire investigator under s. 165.55 (15) to review court records for the purpose of pursuing an investigation under s. 165.55, the court shall open for inspection by authorized representatives of the requester the records of the court relating to any juvenile who has been adjudicated delinquent or found to be in need of protection or services under s. 938.13 (12) or (14) for a violation of s. 940.08, 940.24, 941.10, 941.11, 943.01, 943.012, 943.013 943.0135, 943.02, 943.03, 943.04, 943.05, 943.06 or for an attempt to commit any of those violations.

SB363, s. 17 Section 17. 938.78 (3) of the statutes is amended to read:

SB363,18,2 938.78 (3) If a juvenile adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need of protection or services under s. 48.13 (12), 1993 stats., or s. 48.13 (14), 1993 stats., or s. 938.13 (12) or (14) on the basis of a violation of s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), (1m), or (1r), 943.32 (2), 947.07, 948.02, 948.025, 948.03, 948.05, 948.055, 948.60, 948.605, or 948.61 or any crime specified in ch. 940 has escaped from a secured correctional facility, child caring institution, secured group home, inpatient facility, as defined in s. 51.01 (10), secure detention facility, or juvenile portion of a county jail, or from the custody of a peace officer or a guard of such a facility, institution, or jail, or has been allowed to leave a secured correctional facility, child caring institution, secured group home, inpatient facility, secure detention facility, or juvenile portion of a county jail for a specified time period and is absent from the facility, institution, home, or jail for more than 12 hours after the expiration of the specified period, the department or county department having supervision over the juvenile may release the juvenile's name and any information about the juvenile that is necessary for the protection of the public or to secure the juvenile's return to the facility, institution, home, or jail. The department of corrections shall promulgate rules establishing guidelines for the release of the juvenile's name or information about the juvenile to the public.

SB363, s. 18 Section 18. 939.22 (21) (k) of the statutes is amended to read:

SB363,18,5 939.22 (21) (k) Intimidation of witnesses, as prohibited in s. 940.42 or 940.43 946.62 or 946.625.

SB363, s. 19 Section 19. 939.22 (21) (L) of the statutes is amended to read:

SB363,18,8 939.22 (21) (L) Intimidation of victims, as prohibited in s. 940.44 or 940.45 946.63 or 946.635.

SB363, s. 20 Section 20. 939.22 (21) (Lo) of the statutes is created to read:

SB363,18,11 939.22 (21) (Lo) Unlawful communication with a juror, as prohibited in s. 946.64.

SB363, s. 21 Section 21. 939.31 of the statutes is amended to read:

SB363,18,19 939.31 Conspiracy. Except as provided in ss. 940.43 (4), 940.45 (4) 946.625 (4), 946.635 (4), 946.64 (3) (d), and 961.41 (1x), whoever, with intent that a crime be committed, agrees or combines with another for the purpose of committing that crime may, if one or more of the parties to the conspiracy does an act to effect its object, be fined or imprisoned or both not to exceed the maximum provided for the completed crime; except that for a conspiracy to commit a crime for which the penalty is life imprisonment, the actor is guilty of a Class B felony.

SB363, s. 22 Section 22. 939.32 (1) (c) of the statutes is amended to read:

SB363,18,23 939.32 (1) (c) Whoever attempts to commit a crime under ss. 940.42 to 940.45 946.62 to 946.64 is subject to the penalty for the completed act, as provided in s. 940.46 946.642.

SB363, s. 23 Section 23. 939.32 (1) (f) and (g) of the statutes are created to read:

SB363,19,2 939.32 (1) (f) Whoever attempts to commit a crime under s. 946.78 is subject to the penalty provided in that section for the completed act.

SB363,19,4 (g) Whoever attempts to commit a crime under s. 946.79 is subject to the penalty provided in that section for the completed act.

SB363, s. 24 Section 24. 939.32 (1) (h) of the statutes is created to read:

SB363,19,7 939.32 (1) (h) Whoever attempts to commit a crime under s. 947.07 (3) is subject to the penalty provided in that subsection for the completed act.

SB363, s. 25 Section 25. 939.632 (1) (e) 1. of the statutes is amended to read:

SB363,19,13 939.632 (1) (e) 1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09 (1), 940.19 (2), (3), (4) or (5), 940.21, 940.225 (1), (2) or (3), 940.305, 940.31, 941.20, 941.21, 943.02, 943.06, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 946.625, 946.635, 946.64, 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.055, 948.07, 948.08, 948.30 (2), 948.35 (1) (b) or (c), or 948.36.

SB363, s. 26 Section 26. 939.632 (1) (e) 3. of the statutes is amended to read:

SB363,19,17 939.632 (1) (e) 3. Any misdemeanor under s. 940.19 (1), 940.225 (3m), 940.32 (2), 940.42, 940.44, 941.20 (1), 941.23, 941.235, 941.24 or, 941.38 (3), 946.62, or 946.63.

SB363, s. 27 Section 27. 939.648 (2) (intro.), (a) and (b) (intro.) of the statutes are amended to read:

SB363,19,21 939.648 (2) (intro.) If a person does all of the following, the penalties for the underlying felony crime are increased as provided in sub. (3):

SB363,19,22 (a) Commits a felony under chs. 939 to 951 or a misdemeanor under s. 943.07.

SB363,19,23 (b) (intro.) Commits the felony crime under any of the following circumstances:

SB363, s. 28 Section 28. 939.648 (2) (c) of the statutes is renumbered 939.648 (2) (c) (intro.) and amended to read:

SB363,20,2 939.648 (2) (c) 2. (intro.) Commits the felony crime with the intent to accomplish any of the following:

SB363,20,4 1. To influence the policy or conduct of a governmental unit or to influence an official policy decision or the official conduct of a public officer or public employee.

SB363,20,6 2. To punish a governmental unit or a public officer or public employee for a prior policy decision, other official decision, or official conduct.

SB363, s. 29 Section 29. 939.648 (2) (c) 3. of the statutes is created to read:

SB363,20,8 939.648 (2) (c) 3. To intimidate or coerce a civilian population.

SB363, s. 30 Section 30. 939.648 (3) and (4) of the statutes are amended to read:

SB363,20,12 939.648 (3) The maximum fine prescribed by law for the felony crime may be increased by not more than $50,000 and the maximum period of imprisonment prescribed by law for the felony crime may be increased by not more than 10 years.

SB363,20,15 (4) This section provides for the enhancement of the penalties applicable for the underlying felony crime. The court shall direct that the trier of fact find a special verdict as to all of the issues specified in sub. (2).

SB363, s. 31 Section 31. 940.20 (2) of the statutes is amended to read:

SB363,20,23 940.20 (2) Battery to law enforcement officers and volunteer fire fighters. Whoever intentionally causes bodily harm to a law enforcement officer or fire fighter, as those terms are defined in s. 102.475 (8) (b) and (c), member of a volunteer fire department or company acting in an official capacity and the person knows or has reason to know that the victim is a law enforcement officer or fire fighter, by an act done without the consent of the person so injured, is guilty of a Class D felony, if the actor knows that the person is a fire fighter.

SB363, s. 32 Section 32. 940.20 (2m) (title) of the statutes is amended to read:

SB363,21,2 940.20 (2m) (title) Battery to probation, extended supervision and parole agents and aftercare agents.

SB363, s. 33 Section 33. 940.20 (2m) (a) (intro.) and 1. of the statutes are consolidated, renumbered 940.20 (2m) (a), and amended to read:

SB363,21,7 940.20 (2m) (a) In this subsection: 1. "Aftercare, "aftercare agent" means any person authorized by the department of corrections to exercise control over a juvenile on aftercare.

SB363, s. 34 Section 34. 940.20 (2m) (a) 2. of the statutes is repealed.

SB363, s. 35 Section 35. 940.20 (2m) (b) of the statutes is amended to read:

SB363,21,15 940.20 (2m) (b) Whoever intentionally causes bodily harm to a probation, extended supervision and parole agent or an aftercare agent, acting in an official capacity and the person knows or has reason to know that the victim is a probation, extended supervision and parole agent or an aftercare agent, by an act done without the consent of the person so injured, is guilty of a Class D felony , if the actor knows that the person is an aftercare agent.

SB363, s. 36 Section 36. 940.20 (4) of the statutes is repealed.

SB363, s. 37 Section 37. 940.20 (5) of the statutes is repealed.

SB363, s. 38 Section 38. 940.20 (6) (b) (intro.) of the statutes is amended to read:

SB363,21,20 940.20 (6) (b) (intro.) Whoever intentionally causes bodily harm to another under any of the following circumstances is guilty of a Class E D felony:

SB363, s. 39 Section 39. 940.201 (1) (b) of the statutes is amended to read:

SB363,21,22 940.201 (1) (b) "Witness" has the meaning given in s. 940.41 946.605 (3).

SB363, s. 40 Section 40. 940.203 of the statutes is repealed.

SB363, s. 41 Section 41. 940.204 of the statutes is created to read:

SB363,22,3 940.204 Battery or threat to public officer or employee. (1) In this section, "family member" means a parent, spouse, sibling, child, stepchild, foster child, or treatment foster child.

SB363,22,6 (2) Whoever intentionally causes bodily harm or threatens to cause bodily harm to the person or family member of any public officer or employee under all of the following circumstances is guilty of a Class D felony:

SB363,22,9 (a) At the time of the act or threat, the actor knows or should have known that the victim is a public officer or employee or a family member of a public officer or employee.