SB363: Bill Text

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.

SB363,22,13 (b) The public officer or employee is acting in an official capacity at the time of the act or threat, the act or threat is intended to influence an action by the public officer or employee in an official capacity, or the act or threat is in response to any action taken in an official capacity.

SB363,22,14 (c) There is no consent by the person harmed or threatened.

SB363, s. 42 Section 42. 940.205 of the statutes is repealed.

SB363, s. 43 Section 43. 940.207 of the statutes is repealed.

SB363, s. 44 Section 44. 940.41 of the statutes is renumbered 946.605, and 946.605 (intro.), as renumbered, is amended to read:

SB363,22,19 946.605 Definitions. (intro.) In ss. 940.42 to 940.49 946.61 to 941.648:

SB363, s. 45 Section 45. 940.42 of the statutes is renumbered 946.62 and amended to read:

SB363,22,25 946.62 Intimidation of witnesses; misdemeanor. Except as provided in s. 940.43 946.625, whoever knowingly and maliciously prevents or dissuades, or who attempts to so prevent or dissuade any witness from attending or giving testimony at any trial, proceeding or inquiry authorized by law, is guilty of a Class A misdemeanor.

SB363, s. 46 Section 46. 940.43 of the statutes is renumbered 946.625, and 946.625 (intro.), (1), (2), (5) and (6), as renumbered, are amended to read:

SB363,23,4 946.625 Intimidation of witnesses; felony. (intro.) Whoever violates s. 940.42 946.62 under any of the following circumstances is guilty of a Class D felony:

SB363,23,8 (1) Where the act is accompanied by force or violence or attempted force or violence, upon the witness, or the spouse, child, stepchild, foster child, treatment foster child, parent, sibling or grandchild of the witness or any person sharing a common domicile with a family member of the witness.

SB363,23,10 (2) Where the act is accompanied by injury or damage to the real or personal property of any person covered under sub. (1).

SB363,23,15 (5) Where the act is committed by any person who has suffered any prior conviction for any violation under ss. 940.42 to 940.45 946.62 to 946.64, s. 943.30, 1979 stats., or any federal statute or statute of any other state which, if the act prosecuted was committed in this state, would be a violation under ss. 940.42 to 940.45 946.62 to 946.64.

SB363,23,18 (6) Where the act is committed by any person for monetary gain or for any other consideration acting on the request of any other person. All parties to the transactions are guilty under this section.

SB363, s. 47 Section 47. 940.44 of the statutes is renumbered 946.63, and 946.63 (intro.), as renumbered, is amended to read:

SB363,23,25 946.63 Intimidation of victims; misdemeanor. (intro.) Except as provided in s. 940.45 946.635, whoever knowingly and maliciously prevents or dissuades, or who attempts to so prevent or dissuade, another person who has been the victim of any crime or who is acting on behalf of the victim from doing any of the following is guilty of a Class A misdemeanor:

SB363, s. 48 Section 48. 940.45 of the statutes is renumbered 946.635, and 946.635 (intro.), (1), (2), (5) and (6), as renumbered, are amended to read:

SB363,24,4 946.635 Intimidation of victims; felony. (intro.) Whoever violates s. 940.44 946.63 under any of the following circumstances is guilty of a Class D felony:

SB363,24,8 (1) Where the act is accompanied by force or violence or attempted force or violence, upon the victim, or the spouse, child, stepchild, foster child, treatment foster child, parent, sibling or grandchild of the victim or any person sharing a common domicile with a family member of the victim.

SB363,24,10 (2) Where the act is accompanied by injury or damage to the real or personal property of any person covered under sub. (1).

SB363,24,15 (5) Where the act is committed by any person who has suffered any prior conviction for any violation under ss. 940.42 to 940.45 946.62 to 946.64, s. 943.30, 1979 stats., or any federal statute or statute of any other state which, if the act prosecuted was committed in this state, would be a violation under ss. 940.42 to 940.45 946.62 to 946.64.

SB363,24,18 (6) Where the act is committed by any person for monetary gain or for any other consideration acting on the request of any other person. All parties to the transactions are guilty under this section.

SB363, s. 49 Section 49. 940.46 of the statutes is renumbered 946.642 and amended to read:

SB363,25,3 946.642 Attempt prosecuted as completed act. Whoever attempts the commission of any act prohibited under ss. 940.42 to 940.45 946.62 to 946.64 is guilty of the offense attempted without regard to the success or failure of the attempt. The fact that no person was injured physically or in fact intimidated is not a defense against any prosecution under ss. 940.42 to 940.45 946.62 to 946.635. The fact that no person was injured physically or in fact annoyed, harassed, frightened, threatened, abused, or intimidated is not a defense against any prosecution under s. 946.64.

SB363, s. 50 Section 50. 940.47 of the statutes is renumbered 946.644 and amended to read:

SB363,25,11 946.644 Court orders. (intro.) Any court with jurisdiction over any criminal matter, upon substantial evidence, which may include hearsay or the declaration of the prosecutor, that knowing and malicious prevention or dissuasion of any person who is a victim or who is a witness a violation of s. 946.62, 946.625, 946.63, 946.635, or 946.64 has occurred or is reasonably likely to occur, may issue orders including but not limited to any of the following:

SB363,25,12 (1) An order that a defendant not violate ss. 940.42 to 940.45 946.62 to 946.64.