LRB-0947/1
PJH:eev:jm
2015 - 2016 LEGISLATURE
January 7, 2015 - Introduced by Representative J. Ott. Referred to Committee on
Judiciary.
AB5,1,1
1An Act to amend 940.44 (2) of the statutes;
relating to: intimidating a witness.
Analysis by the Legislative Reference Bureau
Under current law, it is a crime to intimidate a witness. Current law sets forth
three statutory categories of intimidation: one, preventing or dissuading a victim or
a person acting on the victim's behalf from making a report of the crime; two,
preventing or dissuading the victim or a person acting on the victim's behalf from
causing a complaint, indictment, or information to be sought and prosecuted and
assisting in the prosecution, and three, preventing or dissuading the victim or a
person acting on the victim's behalf from arresting, or causing or seeking the arrest
of, a person in connection with the criminal act.
In State of Wisconsin v. Freer, 2010 WI App 9, the court of appeals held that the
statutory language for the second category, causing a complaint, indictment, or
information to be sought and prosecuted and assisting in the prosecution thereof,
should be read so that a person who prevents or dissuades a victim from doing any
one or more of the following is guilty of intimidating a witness: causing a complaint,
indictment, or information to be sought, causing a complaint to be prosecuted, or
assisting in the prosecution.
This bill amends the statutory language to comply with the interpretation set
forth in the Freer case.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB5,1
1Section
1. 940.44 (2) of the statutes is amended to read:
AB5,2,32
940.44
(2) Causing a complaint, indictment
, or information to be sought
and 3or prosecuted
and, or assisting in the prosecution thereof.
