SB363, s. 24
5Section
24. 939.32 (1) (h) of the statutes is created to read:
SB363,19,76
939.32
(1) (h) Whoever attempts to commit a crime under s. 947.07 (3) is subject
7to the penalty provided in that subsection for the completed act.
SB363, s. 25
8Section
25. 939.632 (1) (e) 1. of the statutes is amended to read:
SB363,19,139
939.632
(1) (e) 1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09 (1),
10940.19 (2), (3), (4) or (5), 940.21, 940.225 (1), (2) or (3), 940.305, 940.31, 941.20,
11941.21, 943.02, 943.06, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2),
946.625,
12946.635, 946.64, 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.055,
13948.07, 948.08, 948.30 (2), 948.35 (1) (b) or (c)
, or 948.36.
SB363, s. 26
14Section
26. 939.632 (1) (e) 3. of the statutes is amended to read:
SB363,19,1715
939.632
(1) (e) 3. Any misdemeanor under s. 940.19 (1), 940.225 (3m), 940.32
16(2),
940.42, 940.44, 941.20 (1), 941.23, 941.235, 941.24
or, 941.38 (3)
, 946.62, or
17946.63.
SB363, s. 27
18Section
27. 939.648 (2) (intro.), (a) and (b) (intro.) of the statutes are amended
19to read:
SB363,19,2120
939.648
(2) (intro.) If a person does all of the following, the penalties for the
21underlying
felony crime are increased as provided in sub. (3):
SB363,19,2222
(a) Commits a felony under chs. 939 to 951
or a misdemeanor under s. 943.07.
SB363,19,2323
(b) (intro.) Commits the
felony crime under any of the following circumstances:
SB363, s. 28
24Section
28. 939.648 (2) (c) of the statutes is renumbered 939.648 (2) (c) (intro.)
25and amended to read:
SB363,20,2
1939.648
(2) (c) 2. (intro.) Commits the
felony crime with the intent to
2accomplish any of the following:
SB363,20,4
31. To influence the policy
or conduct of a governmental unit or to
influence an
4official policy decision or the official conduct of a public officer or public employee.
SB363,20,6
52. To punish a governmental unit
or a public officer or public employee for a
6prior policy decision
, other official decision, or official conduct.
SB363, s. 29
7Section
29. 939.648 (2) (c) 3. of the statutes is created to read:
SB363,20,88
939.648
(2) (c) 3. To intimidate or coerce a civilian population.
SB363, s. 30
9Section
30. 939.648 (3) and (4) of the statutes are amended to read:
SB363,20,1210
939.648
(3) The maximum fine prescribed by law for the
felony crime may be
11increased by not more than $50,000 and the maximum period of imprisonment
12prescribed by law for the
felony crime may be increased by not more than 10 years.
SB363,20,15
13(4) This section provides for the enhancement of the penalties applicable for
14the underlying
felony crime. The court shall direct that the trier of fact find a special
15verdict as to all of the issues specified in sub. (2).
SB363, s. 31
16Section
31. 940.20 (2) of the statutes is amended to read:
SB363,20,2317
940.20
(2) Battery to law enforcement officers and volunteer fire fighters. 18Whoever intentionally causes bodily harm to a
law enforcement officer or fire fighter,
19as those terms are defined in s. 102.475 (8) (b) and (c), member of a volunteer fire
20department or company acting in an official capacity
and the person knows or has
21reason to know that the victim is a law enforcement officer or fire fighter, by an act
22done without the consent of the person so injured, is guilty of a Class D felony
, if the
23actor knows that the person is a fire fighter.
SB363, s. 32
24Section
32. 940.20 (2m) (title) of the statutes is amended to read:
SB363,21,2
1940.20
(2m) (title)
Battery to
probation, extended supervision and parole
2agents and aftercare agents.
SB363, s. 33
3Section
33. 940.20 (2m) (a) (intro.) and 1. of the statutes are consolidated,
4renumbered 940.20 (2m) (a), and amended to read:
SB363,21,75
940.20
(2m) (a) In this subsection
: 1. "Aftercare, "aftercare agent" means any
6person authorized by the department of corrections to exercise control over a juvenile
7on aftercare.
SB363, s. 34
8Section
34. 940.20 (2m) (a) 2. of the statutes is repealed.
SB363, s. 35
9Section
35. 940.20 (2m) (b) of the statutes is amended to read:
SB363,21,1510
940.20
(2m) (b) Whoever intentionally causes bodily harm to
a probation,
11extended supervision and parole agent or an aftercare agent
, acting in an official
12capacity
and the person knows or has reason to know that the victim is a probation,
13extended supervision and parole agent or an aftercare agent, by an act done without
14the consent of the person so injured, is guilty of a Class D felony
, if the actor knows
15that the person is an aftercare agent.
SB363, s. 36
16Section
36. 940.20 (4) of the statutes is repealed.
SB363, s. 37
17Section
37. 940.20 (5) of the statutes is repealed.
SB363, s. 38
18Section
38. 940.20 (6) (b) (intro.) of the statutes is amended to read:
SB363,21,2019
940.20
(6) (b) (intro.) Whoever intentionally causes bodily harm to another
20under any of the following circumstances is guilty of a Class
E D felony:
SB363, s. 39
21Section
39. 940.201 (1) (b) of the statutes is amended to read:
SB363,21,2222
940.201
(1) (b) "Witness" has the meaning given in s.
940.41 946.605 (3).
SB363, s. 40
23Section
40. 940.203 of the statutes is repealed.
SB363, s. 41
24Section
41. 940.204 of the statutes is created to read:
SB363,22,3
1940.204 Battery or threat to public officer or employee. (1) In this
2section, "family member" means a parent, spouse, sibling, child, stepchild, foster
3child, or treatment foster child.
SB363,22,6
4(2) Whoever intentionally causes bodily harm or threatens to cause bodily
5harm to the person or family member of any public officer or employee under all of
6the following circumstances is guilty of a Class D felony:
SB363,22,97
(a) At the time of the act or threat, the actor knows or should have known that
8the victim is a public officer or employee or a family member of a public officer or
9employee.
SB363,22,1310
(b) The public officer or employee is acting in an official capacity at the time of
11the act or threat, the act or threat is intended to influence an action by the public
12officer or employee in an official capacity, or the act or threat is in response to any
13action taken in an official capacity.
SB363,22,1414
(c) There is no consent by the person harmed or threatened.
SB363, s. 42
15Section
42. 940.205 of the statutes is repealed.
SB363, s. 43
16Section
43. 940.207 of the statutes is repealed.
SB363, s. 44
17Section
44. 940.41 of the statutes is renumbered 946.605, and 946.605 (intro.),
18as renumbered, is amended to read:
SB363,22,19
19946.605 Definitions. (intro.) In ss.
940.42 to 940.49 946.61 to 941.648:
SB363, s. 45
20Section
45. 940.42 of the statutes is renumbered 946.62 and amended to read:
SB363,22,25
21946.62 Intimidation of witnesses; misdemeanor. Except as provided in s.
22940.43 946.625, whoever knowingly and maliciously prevents or dissuades, or who
23attempts to so prevent or dissuade any witness from attending or giving testimony
24at any trial, proceeding or inquiry authorized by law, is guilty of a Class A
25misdemeanor.
SB363, s. 46
1Section
46. 940.43 of the statutes is renumbered 946.625, and 946.625 (intro.),
2(1), (2), (5) and (6), as renumbered, are amended to read:
SB363,23,4
3946.625 Intimidation of witnesses; felony. (intro.) Whoever violates s.
4940.42 946.62 under any of the following circumstances is guilty of a Class D felony:
SB363,23,8
5(1) Where the act is accompanied by force or violence or attempted force or
6violence
, upon the witness
, or
the spouse, child, stepchild, foster child, treatment
7foster child, parent, sibling or grandchild of the witness or any person sharing a
8common domicile with a family member of the witness.
SB363,23,10
9(2) Where the act is accompanied by
injury or damage to the real or personal
10property of any person covered under sub. (1).
SB363,23,15
11(5) Where the act is committed by any person who has suffered any prior
12conviction for any violation under ss.
940.42 to 940.45 946.62 to 946.64, s. 943.30,
131979 stats., or any federal statute or statute of any other state which, if the act
14prosecuted was committed in this state, would be a violation under ss.
940.42 to
15940.45 946.62 to 946.64.
SB363,23,18
16(6) Where the act is committed by any person for monetary gain or for any other
17consideration acting on the request of any other person.
All parties to the
18transactions are guilty under this section.
SB363, s. 47
19Section
47. 940.44 of the statutes is renumbered 946.63, and 946.63 (intro.),
20as renumbered, is amended to read:
SB363,23,25
21946.63 Intimidation of victims; misdemeanor. (intro.) Except as provided
22in s.
940.45 946.635, whoever knowingly and maliciously prevents or dissuades, or
23who attempts to so prevent or dissuade, another person who has been the victim of
24any crime or who is acting on behalf of the victim from doing any of the following is
25guilty of a Class A misdemeanor:
SB363, s. 48
1Section
48. 940.45 of the statutes is renumbered 946.635, and 946.635 (intro.),
2(1), (2), (5) and (6), as renumbered, are amended to read:
SB363,24,4
3946.635 Intimidation of victims; felony. (intro.) Whoever violates s.
940.44 4946.63 under any of the following circumstances is guilty of a Class D felony:
SB363,24,8
5(1) Where the act is accompanied by force or violence or attempted force or
6violence
, upon the victim
, or
the spouse, child, stepchild, foster child, treatment
7foster child, parent, sibling or grandchild of the victim or any person sharing a
8common domicile with a family member of the victim.
SB363,24,10
9(2) Where the act is accompanied by
injury or damage to the real or personal
10property of any person covered under sub. (1).
SB363,24,15
11(5) Where the act is committed by any person who has suffered any prior
12conviction for any violation under ss.
940.42 to 940.45 946.62 to 946.64, s. 943.30,
131979 stats., or any federal statute or statute of any other state which, if the act
14prosecuted was committed in this state, would be a violation under ss.
940.42 to
15940.45 946.62 to 946.64.
SB363,24,18
16(6) Where the act is committed by any person for monetary gain or for any other
17consideration acting on the request of any other person.
All parties to the
18transactions are guilty under this section.
SB363, s. 49
19Section
49. 940.46 of the statutes is renumbered 946.642 and amended to
20read:
SB363,25,3
21946.642 Attempt prosecuted as completed act. Whoever attempts the
22commission of any act prohibited under ss.
940.42 to 940.45 946.62 to 946.64 is guilty
23of the offense attempted without regard to the success or failure of the attempt. The
24fact that no person was injured physically or in fact intimidated is not a defense
25against any prosecution under ss.
940.42 to 940.45
946.62 to 946.635. The fact that
1no person was injured physically or in fact annoyed, harassed, frightened,
2threatened, abused, or intimidated is not a defense against any prosecution under
3s. 946.64.
SB363, s. 50
4Section
50. 940.47 of the statutes is renumbered 946.644 and amended to
5read:
SB363,25,11
6946.644 Court orders. (intro.) Any court with jurisdiction over any criminal
7matter, upon substantial evidence, which may include hearsay or the declaration of
8the prosecutor, that
knowing and malicious prevention or dissuasion of any person
9who is a victim or who is a witness a violation of s. 946.62, 946.625, 946.63, 946.635,
10or 946.64 has occurred or is reasonably likely to occur, may issue orders including but
11not limited to any of the following:
SB363,25,12
12(1) An order that a defendant not violate ss.
940.42 to 940.45 946.62 to 946.64.
SB363,25,15
13(2) An order that a person before the court other than a defendant, including,
14but not limited to, a subpoenaed witness or other person entering the courtroom of
15the court, not violate ss.
940.42 to 940.45 946.62 to 946.64.
SB363,25,17
16(3) An order that any person described in sub. (1) or (2) maintain a prescribed
17geographic distance from any specified witness
or, victim
, or juror.
SB363,25,21
18(4) An order that any person described in sub. (1) or (2) have no communication
19with any specified witness or any victim, except through an attorney under such
20reasonable restrictions as the court may impose
, with any specified witness, victim,
21or juror.
SB363, s. 51
22Section
51. 940.48 of the statutes is renumbered 946.646, and 946.646 (intro.),
23(1) and (2), as renumbered, are amended to read:
SB363,25,25
24946.646 Violation of court orders. (intro.) Whoever violates an order issued
25under s.
940.47 946.644 may be punished as follows:
SB363,26,2
1(1) If applicable, the person may be prosecuted under ss.
940.42 to 940.45 2946.62 to 946.64.
SB363,26,4
3(2) As a contempt of court under ch. 785. A finding of contempt is not a bar to
4prosecution under ss.
940.42 to 940.45 946.62 to 946.64, but:
SB363,26,75
(a) Any person who commits a contempt of court is entitled to credit for any
6punishment imposed therefor against any sentence imposed on conviction under ss.
7940.42 to 940.45 946.62 to 946.64; and
SB363,26,108
(b) Any conviction or acquittal for any substantive offense under ss.
940.42 to
9940.45 946.62 to 946.64 is a bar to subsequent punishment for contempt arising out
10of the same act.
SB363, s. 52
11Section
52. 940.49 of the statutes is renumbered 946.648 and amended to
12read:
SB363,26,19
13946.648 Pretrial release. Any pretrial release of any defendant whether on
14bail or under any other form of recognizance shall be deemed to include a condition
15that the defendant neither do, nor cause to be done, nor permit to be done on his or
16her behalf, any act proscribed by ss.
940.42 to 940.45
946.62 to 946.64 and any
wilful 17willful violation of the condition is subject to punishment as prescribed in s.
940.48 18946.646 (3) whether or not the defendant was the subject of an order under s.
940.47 19946.644.
SB363, s. 53
20Section
53. 941.26 (1) (a) of the statutes is amended to read:
SB363,26,2221
941.26
(1) (a) No person may sell,
transfer, possess, use
, or transport any
22machine gun or other
full fully automatic firearm.
SB363, s. 54
23Section
54. 941.26 (2) (a) of the statutes is amended to read:
SB363,26,2424
941.26
(2) (a) Any person violating sub. (1) (a) is guilty of a Class
E D felony.
SB363, s. 55
25Section
55. 941.26 (3) of the statutes is amended to read:
SB363,27,11
1941.26
(3) This section does not apply to the sale,
transfer, possession,
2modification, use
, or transportation of any weapons or containers under sub. (1) or
3(1m) to or by any armed forces or national guard personnel in the line of duty,
or any
4civil enforcement officer of the state or of any city or county. This section does not
5apply to the sale,
transfer, possession, modification, use
, or transportation of
6weapons under sub. (1) (a) or (1m) to or by any person duly authorized by the chief
7of police of any city or the sheriff of any county. This section does not apply to the
8restoration of any weapon under sub. (1) (a) or (1m) by a person having a license to
9collect firearms as curios or relics issued by the U.S. department of the treasury. The
10restriction on transportation contained in this section does not apply to common
11carriers.
SB363, s. 56
12Section
56. 941.27 (2) of the statutes is amended to read:
SB363,27,2013
941.27
(2) Exceptions. Sections 941.25 and 941.26 shall not prohibit or
14interfere with the manufacture for, and sale of, machine guns to the military forces
15or the peace officers of the United States or of any political subdivision thereof, or the
16transportation required for that purpose; the possession of a machine gun for
17scientific purpose, or the possession of a machine gun not usable as a weapon and
18possessed as a curiosity, ornament
, or keepsake
; or the possession of a machine gun
19other than one adapted to use pistol cartridges for a purpose manifestly not
20aggressive or offensive.
SB363, s. 57
21Section
57. 941.31 of the statutes is repealed.
SB363, s. 58
22Section
58. 941.375 of the statutes is created to read:
SB363,27,23
23941.375 Interfering with disarmament of explosives. (1) In this section:
SB363,27,2424
(a) "Destructive device" has the meaning given in s. 947.07 (1) (c).