SB363: Bill Text

Interfering with disarmament of explosives

Under current law the following acts are crimes; interfering with fire fighting (which, in the variant having the most severe penalty, is Class E felony); obstructing a law enforcement officer (which is either a Class A misdemeanor or a Class D felony); or obstructing emergency or rescue personnel (which is a Class E misdemeanor if it endangers another's safety or a Class C felony if it contributes to another's death). The bill makes it a Class E felony to interfere with or obstruct a public safety official while that official is searching for, disarming, or destroying an explosive or a destructive device.

Criminal procedure and investigations

Electronic surveillance

Current law generally prohibits the interception of many types of communications, including telephone calls, e-mail, and face-to-face conversations. Current law, however, authorizes law enforcement officers and prosecutors to engage in electronic surveillance, and intercept communications, under certain circumstances if the interception may provide or has provided evidence of the commission of the offense of homicide, felony murder, kidnapping, commercial gambling, bribery, extortion, dealing in controlled substances, the commission of certain computer crimes, or the conspiracy to commit any of those offenses. In order for a law enforcement officer or a prosecutor to engage in electronic surveillance, the attorney general and the district attorney must jointly apply in writing and under oath to the chief judge for the judicial administrative district in which the electronic surveillance is to occur for an order authorizing the electronic surveillance. The court may grant the order if it determines, based on the information presented, that: 1) there is probable cause to believe that an individual is committing, has committed, or is about to commit one of the offenses listed above; 2) there is probable cause to believe that particular communications concerning that offense will be obtained through the electronic surveillance; 3) other investigative procedures have been tried and have failed, are unlikely to succeed if tried, or are too dangerous to try; and 4) there is probable cause to believe that the facilities from which or the place where the interception is to occur are or will be used in the commission of the offense or are leased to, listed in the name of, or commonly used by the person committing or about to commit the offense. The court's order may authorize electronic surveillance for no longer than 30 days, although it may be extended for up to an additional 30 days. The order must specify, among other things, the nature and location of the communications facilities being used or the place being used for the communications that will be intercepted.

This bill makes several changes to these provisions. First, under the bill, a court may authorize electronic surveillance if it may provide or has provided evidence of the commission any felony that is dangerous to life, limb, or property, not just one of the crimes listed in the first paragraph of this section of the analysis.

Second, the bill permits a law enforcement officer or a prosecutor to obtain an order permitting electronic surveillance in an emergency situation (a situation involving immediate danger of death or great bodily harm) based on an application made under oath by telephone, radio, or other means of electronic communication. The application must be approved in advance by either the attorney general or the district attorney (as opposed to by both of them). In order to grant the order, the court, in addition to making the determinations listed in the first paragraph of this section of the analysis, must determine, based on information presented by the applicant, that requiring a written application may increase or prolong the risk of death or great bodily harm that the emergency situation involves.

An order authorizing an emergency wiretap expires, at the latest, 48 hours after its issuance. Before that time period expires, the applicant must apply to the chief judge in writing -- in the same manner as if he or she were applying in a nonemergency situation -- for approval of the electronic surveillance. The court must grant or deny the application (applying the law governing nonemergency situations) within 48 hours after entering the emergency wiretap order. If the court grants the application, the electronic surveillance may continue under the same terms as any nonemergency order. If the court denies the application or if the applicant for the emergency wiretap order never files a subsequent written application, the emergency wiretap order expires immediately, and evidence from any communication intercepted under the emergency wiretap order may be excluded from evidence in court.

Third, the bill authorizes law enforcement officers and prosecutors to obtain "roving interception orders." A roving interception order permits the interception of communications of a given individual without specifying the nature and location of the communications facilities being used or the place being used for the communications that will be intercepted. To obtain such an order, a law enforcement officer or prosecutor must demonstrate to the court, in the context of his or her application for authorization to engage in electronic surveillance, either: 1) that it is not practical to identify the facilities being used or the place being used for the communications that will be intercepted; or 2) that there is probable cause to believe that the person committing or about to commit the relevant offense could thwart interception from a specified facility or place. An order that is based on the second option is valid only while the person in is or was reasonably close to the instrument through which the communications will be or was transmitted.

Fourth, the bill authorizes a person to provide information, facilities, or technical assistance to another person who is legally engaged in electronic surveillance if one of the following applies: 1) the judge authorizing the interception has ordered the person to provide the specified assistance and the person has been provided with a copy of the court's order; or 2) the attorney general, the district attorney, or a person authorized to intercept communications under an emergency wiretap order provides the person a written certification that states that no warrant or court order is required by law, that all statutory requirements have been met, and that the specified assistance is required. The order or certification must specify the information, facilities, or technical assistance required and must set forth the period of time during which the provision of the specified assistance is authorized. The bill also generally prohibits the person from disclosing information regarding the electronic surveillance.

Statewide grand jury and John Doe proceedings

Under current law, a grand jury proceeding is a formal criminal investigative proceeding in which jurors may hear evidence of possible crimes, call and examine witnesses, and, if appropriate, issue subpoenas. By returning indictments, the grand jury may charge persons with specific crimes. A John Doe proceeding is a procedure available to determine if a crime has probably been committed and, if so, who probably committed that crime. A judge conducts the John Doe proceeding, at which he or she examines the complainant and other witnesses. The judge also determines the scope of the proceeding, and he or she may conduct the proceeding secretly. If the judge determines that there is probable cause to believe that a crime was committed and that a specific person committed that crime, a criminal complaint may be prepared. If there is a criminal complaint, an arrest warrant must be issued. Grand jury and John Doe proceedings both relate to offenses committed within a single county.

The bill provides a procedure for conducting a grand jury proceeding with statewide jurisdiction. Under the bill, the attorney general may petition a chief judge to convene a grand jury having statewide jurisdiction if: 1) there is reason to believe that there is criminal activity that is statewide in nature, importance or influence or that relates to dangerous drugs, gambling or other specified offenses; and 2) there is reason to investigate the suspected criminal activity in a county within the chief judge's judicial administrative district. The chief judge may preside over any such grand jury or assign it to another judge in the district. Similarly, the bill allows the attorney general to petition for a John Doe proceeding that has statewide investigative jurisdiction. The attorney general may petition the chief judge of a judicial administrative district in which there is reason to believe that there is criminal activity that is statewide in nature, importance or influence or that relates to dangerous drugs, gambling or other specified offenses. If the chief judge orders this type of John Doe proceeding, he or she may conduct it or assign another judge to do so. The attorney general represents the state at any such proceeding.

Orders for disclosure of depositor or subscriber information

Under current law, the attorney general or a district attorney may obtain a court order requiring the disclosure of documents that constitute evidence of a crime if the attorney general or district attorney shows that there is probable cause that a crime has been committed. This bill allows the attorney general or a district attorney to obtain a court order for the disclosure of certain information upon a showing that the information is relevant to a criminal investigation. The information covered by this provision includes information as to whether a specific person has, or at a specific time in the past had, a depository account with a financial institution. The provision also covers the following information held by an electronic communications service provider pertaining to a subscriber: the person's name and address, telephone connection records, start date and length of service, types of services provided, telephone numbers, network address or other subscriber identity information, and means of payment for services.

Law enforcement access to driver's license and identification card photographs

Under current law, the department of transportation (DOT) generally may not release photographs taken for a driver's license or an identification card, except to the person photographed. Thus, DOT may not release a photograph to a law enforcement agency solely for use as part of a photograph lineup or photograph array. However, DOT may release a photograph to a law enforcement agency for the purpose of investigating unlawful activity, investigating a missing person case, or identifying an accident victim or a deceased person. The bill eliminates the restriction on releasing photographs solely for use as part of a photograph lineup or a photograph array.

Procedure for making a legal name change

Current law provides that a person may petition a circuit court to enter an order changing the person's name. A person may also change his or her name by marriage or divorce or pursuant to an adoption. The Wisconsin Supreme Court has also ruled that a person may change his or her name under common law by consistent and continuous use of a new name, as long as the name change is not effected for a fraudulent purpose. State v. Hansford, 219 Wis. 2d 226 (1998). The bill specifies that petitioning a circuit court for a name change or changing one's name in connection with a marriage, divorce, or adoption are the only legitimate methods for making a name change.

Penalties for crimes created by this bill - See PDF for table

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).