LRB-1348/1
CMH:cjs:rs
2009 - 2010 LEGISLATURE
March 9, 2009 - Introduced by Representatives Gundrum, Montgomery, Nygren,
Ziegelbauer, Nass, Townsend, Kerkman, Berceau, Gunderson, Ballweg,
Kleefisch, LeMahieu, Spanbauer, Bies, Lothian, Petrowski, Vos, Murtha,
Brooks
and Mursau, cosponsored by Senator Lazich. Referred to Committee
on Judiciary and Ethics.
AB129,1,2 1An Act to create 940.201 (3) of the statutes; relating to: battery or threat to
2witnesses and providing penalties.
Analysis by the Legislative Reference Bureau
Under current law, a person is guilty of a Class H felony if he or she
intentionally causes or threatens to cause bodily harm to an individual he or she
knows, or should know, is a witness by reason of the individual having attended or
testified as a witness. Under this bill, a person who is charged with a felony is guilty
of a Class D felony if he or she intentionally causes bodily harm to an individual who
he or she knows, or should know, may testify at a proceeding for the felony with which
he or she is charged. A person is guilty of a Class E felony if the person is charged
with a felony and threatens to cause bodily harm to an individual who he or she
knows, or should know, may testify at a proceeding for the felony with which he or
she is charged or if the person is charged with a misdemeanor and intentionally
causes bodily harm to an individual who he or she knows, or should know, may testify
at a proceeding for the misdemeanor with which he or she is charged. A person who
is charged with a misdemeanor is guilty of a Class F felony if he or she threatens to
cause bodily harm to an individual who he or she knows, or should know, may testify
at a proceeding for the misdemeanor with which he or she is charged.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a

report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB129, s. 1 1Section 1. 940.201 (3) of the statutes is created to read:
AB129,2,52 940.201 (3) Whoever, when charged with a crime, intentionally does any of the
3following to a person who the actor knows or should know is a person who may testify
4at any proceeding for the crime with which the actor is charged is guilty of the
5following:
AB129,2,76 (a) A Class D felony if the crime with which the actor is charged is a felony and
7the actor causes bodily harm to the person.
AB129,2,88 (b) A Class E felony if one of the following applies:
AB129,2,109 1. The crime with which the actor is charged is a felony and the actor threatens
10to cause bodily harm to the person.
AB129,2,1211 2. The crime with which the actor is charged is a misdemeanor and the actor
12causes bodily harm to the person.
AB129,2,1413 (c) A Class F felony if the crime with which the actor is charged is a
14misdemeanor and the actor threatens to cause bodily harm to the person.
AB129, s. 2 15Section 2. Initial applicability.
AB129,2,1716 (1) This act first applies to acts and threats committed on the effective date of
17this subsection.
AB129,2,1818 (End)
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