AB1192,45,5
1938.208
(1) (b) Probable cause exists to believe that the juvenile possessed,
2used or threatened to use a handgun, as defined in s.
175.35 (1) (b) 941.237 (1) (d),
3short-barreled rifle, as defined in s. 941.28 (1) (b), or short-barreled shotgun, as
4defined in s. 941.28 (1) (c), while committing a delinquent act that would be a felony
5under ch. 940 if committed by an adult.
AB1192,91
6Section 91
. 938.34 (4m) (b) 2. of the statutes is amended to read:
AB1192,45,117
938.34
(4m) (b) 2. The juvenile has possessed, used or threatened to use a
8handgun, as defined in s.
175.35 (1) (b) 941.237 (1) (d), short-barreled rifle, as
9defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c),
10while committing a delinquent act that would be a felony under ch. 940 if committed
11by an adult.
AB1192,92
12Section 92
. 938.341 of the statutes is amended to read:
AB1192,45,16
13938.341 Delinquency adjudication; restriction on firearm possession. 14Whenever a court adjudicates a juvenile delinquent for an act that if committed by
15an adult in this state would be a felony
or for a violation under s. 175.33 (2), the court
16shall inform the juvenile of the requirements and penalties under s. 941.29.
AB1192,93
17Section
93. 939.22 (21) (em) of the statutes is amended to read:
AB1192,45,1918
939.22
(21) (em) Battery or threat to
witness a juror, as prohibited in s.
940.201 19940.202.
AB1192,94
20Section
94. 939.22 (21) (k) of the statutes is amended to read:
AB1192,45,2121
939.22
(21) (k) Intimidation of witnesses, as prohibited in s.
940.42 or 940.43.
AB1192,95
22Section
95. 939.22 (21) (L) of the statutes is amended to read:
AB1192,45,2323
939.22
(21) (L) Intimidation of victims, as prohibited in s. 940.44
or 940.45.
AB1192,96
24Section
96. 939.31 of the statutes is amended to read:
AB1192,46,7
1939.31 Conspiracy. Except as provided in ss. 940.43
(4), 940.45 (4) (2m) (d),
2940.44 (2m) (d), and 961.41 (1x), whoever, with intent that a crime be committed,
3agrees or combines with another for the purpose of committing that crime may, if one
4or more of the parties to the conspiracy does an act to effect its object, be fined or
5imprisoned or both not to exceed the maximum provided for the completed crime;
6except that for a conspiracy to commit a crime for which the penalty is life
7imprisonment, the actor is guilty of a Class B felony.
AB1192,97
8Section
97. 939.32 (1) (c) of the statutes is amended to read:
AB1192,46,119
939.32
(1) (c) Whoever attempts to commit a crime under
ss. 940.42 to 940.45 10s. 940.43 or 940.44 is subject to the penalty for the completed act, as provided in s.
11940.46.
AB1192,98
12Section
98. 939.6195 (1) (a) 1. of the statutes is amended to read:
AB1192,46,1313
939.6195
(1) (a) 1. A violation of s. 941.29
or, 941.2905
, or 941.293.
AB1192,46,2116
939.632
(1) (e) 1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09
17(1c), 940.19 (2), (4) or (5), 940.198 (2) (a) or (c), 940.21, 940.225 (1), (2) or (3), 940.235,
18940.305, 940.31,
940.43, 940.44, 941.20, 941.21, 943.02, 943.06, 943.10 (2), 943.231
19(1), 943.32 (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c) or (5) (a) 1., 2., 3., or 4.,
20948.05, 948.051, 948.055, 948.07, 948.08, 948.085, or 948.30 (2) or under s. 940.302
21(2) if s. 940.302 (2) (a) 1. b. applies.
AB1192,100
22Section
100. 939.632 (1) (e) 3. of the statutes is amended to read:
AB1192,46,2423
939.632
(1) (e) 3. Any misdemeanor under s. 940.19 (1), 940.225 (3m), 940.32
24(2),
940.42, 940.44, 941.20 (1), 941.23, 941.231, 941.235, or 941.38 (3).
AB1192,101
25Section
101. 939.74 (2d) (b) of the statutes is created to read:
AB1192,47,6
1939.74
(2d) (b) Notwithstanding that the applicable time limitation under sub.
2(1) or (2) has expired, if a deoxyribonucleic acid profile implicates a known person in
3the commission of a felony, the state may commence prosecution of that person for
4the felony or a crime that is related to the felony for a period of time following the
5implication of the person in the felony that is equal to the applicable time limitation
6under sub. (1) or (2).
AB1192,102
7Section
102. 939.74 (2d) (c) of the statutes is repealed.
AB1192,103
8Section
103. 939.74 (2d) (e) of the statutes is repealed.
AB1192,47,16
11940.03 Felony murder. Whoever causes the death of another human being
12while committing or attempting to commit a crime specified in s. 940.19, 940.195,
13940.20,
940.201 940.202, 940.203, 940.204, 940.225 (1) or (2) (a), 940.30, 940.31,
14940.43 (3m), 943.02, 943.10 (2), 943.231 (1), or 943.32 (2) may be imprisoned for not
15more than 15 years in excess of the maximum term of imprisonment provided by law
16for that crime or attempt.
AB1192,105
17Section
105. 940.20 (3) (title) of the statutes is renumbered 940.202 (title) and
18amended to read:
AB1192,47,19
19940.202 (title)
Battery or threat to jurors.
AB1192,106
20Section
106. 940.20 (3) of the statutes is renumbered 940.202 (2) and amended
21to read:
AB1192,48,222
940.202
(2) Whoever intentionally causes bodily harm
or threatens to cause
23bodily harm to a person who he or she knows or has reason to know is
or was a
grand
24or petit juror, and by reason of
any verdict or indictment assented to by the person
1the person's service as a juror, without the consent of the person
injured, harmed or
2threatened is guilty of a Class H felony.
AB1192,107
3Section
107. 940.201 (title) and (1) of the statutes are repealed.
AB1192,108
4Section
108. 940.201 (2) of the statutes is renumbered 940.43 (3m), and 940.43
5(3m) (intro.), as renumbered, is amended to read:
AB1192,48,76
940.43
(3m) (intro.) Whoever does any of the following is guilty of a Class
H
7G felony:
AB1192,109
8Section
109. 940.202 (1) and (3) of the statutes are created to read:
AB1192,48,99
940.202
(1) In this section:
AB1192,48,1110
(a) “Family member” means a spouse, child, stepchild, foster child, parent,
11sibling, or grandchild.
AB1192,48,1412
(b) “Juror” means a person who is or was a grand or petit juror or is a
13prospective grand or petit juror who has received a summons to appear for jury
14service.
AB1192,48,19
15(3) Whoever intentionally causes bodily harm or threatens to cause bodily
16harm to a person who he or she knows or has reason to know is a family member of
17a juror or is sharing a common domicile with a juror, for a reason related to the juror's
18service as a juror, without the consent of the person harmed or threatened is guilty
19of a Class H felony.
AB1192,110
20Section
110. 940.41 (intro.) of the statutes is amended to read:
AB1192,48,21
21940.41 Definitions. (intro.) In ss.
940.42 940.43 to 940.49:
AB1192,111
22Section
111. 940.41 (1d) of the statutes is created to read:
AB1192,48,2423
940.41
(1d) “Family member” means a spouse, child, stepchild, foster child,
24parent, sibling, or grandchild.
AB1192,112
25Section
112. 940.42 of the statutes is repealed.
AB1192,113
1Section
113. 940.43 (title) of the statutes is amended to read:
AB1192,49,2
2940.43 (title)
Intimidation of witnesses
; felony.
AB1192,114
3Section
114. 940.43 of the statutes is renumbered 940.43 (2m), and 940.43
4(2m) (intro.), (b), (c) and (e), as renumbered, are amended to read:
AB1192,49,65
940.43
(2m) (intro.) Whoever violates
s. 940.42 sub. (1m) under any of the
6following circumstances is guilty of a Class G felony:
AB1192,49,87
(b) Where the act is accompanied by injury or damage to the real or personal
8property of any person covered under
sub. (1)
par. (a).
AB1192,49,109
(c) Where the act is accompanied by any express or implied threat of force,
10violence, injury or damage described in
sub. (1) or (2) par. (a) or (b).
AB1192,49,1511
(e) Where the act is committed by any person who has suffered any prior
12conviction for any violation under
this section, s. 943.30, 1979 stats.,
ss. s. 940.42
to
13940.45, 2021 stats., s. 940.44, or any federal statute or statute of any other state
14which, if the act prosecuted was committed in this state, would be a violation under
15ss. 940.42 to 940.45 this section or s. 940.44.
AB1192,115
16Section
115. 940.43 (1m) of the statutes is created to read:
AB1192,49,1917
940.43
(1m) Whoever knowingly uses intimidation against, threatens, or
18corruptly persuades another person or engages in misleading conduct toward
19another person with intent to do any of the following is guilty of a Class H felony:
AB1192,49,2120
(a) Influence, dissuade, delay, or prevent the testimony of any person at any
21trial, proceeding, or inquiry authorized by law.
AB1192,49,2222
(b) Cause or induce any person to do any of the following:
AB1192,49,2423
1. Withhold testimony or a record, document, or other object from any trial,
24proceeding, or inquiry authorized by law.
AB1192,50,3
12. Alter, destroy, mutilate, or conceal any record, document, or other object with
2intent to impair its integrity or availability for use in any trial, proceeding, or inquiry
3authorized by law.
AB1192,50,64
3. Evade legal process summoning the person as a witness or to produce a
5record, document, or other object in any trial, proceeding, or inquiry authorized by
6law.
AB1192,50,87
4. Be absent from any trial, proceeding, or inquiry authorized by law to which
8the person has been summoned by legal process.
AB1192,50,119
(c) Hinder, delay, or prevent the communication of information relating to the
10commission or possible commission of a violation of the criminal code to a law
11enforcement officer, public officer, or public employee.
AB1192,116
12Section
116. 940.44 (title) of the statutes is amended to read:
AB1192,50,13
13940.44 (title)
Intimidation of victims
; misdemeanor.
AB1192,117
14Section
117. 940.44 of the statutes is renumbered 940.44 (1m), and 940.44
15(1m) (intro.), as renumbered, is amended to read:
AB1192,50,2016
940.44
(1m) (intro.)
Except as provided in s. 940.45, whoever Whoever 17knowingly and maliciously prevents or dissuades
, or who attempts to so prevent or
18dissuade, another person who has been the victim of any crime or who is acting on
19behalf of the victim from doing any of the following is guilty of a Class
A
20misdemeanor H felony:
AB1192,118
21Section
118. 940.45 (title) of the statutes is repealed.
AB1192,119
22Section
119. 940.45 of the statutes is renumbered 940.44 (2m), and 940.44
23(2m) (intro.), (b), (c) and (e), as renumbered, are amended to read:
AB1192,50,2524
940.44
(2m) (intro.) Whoever violates
s. 940.44 sub. (1m) under any of the
25following circumstances is guilty of a Class G felony:
AB1192,51,2
1(b) Where the act is accompanied by injury or damage to the real or personal
2property of any person covered under
sub. (1)
par. (a).
AB1192,51,43
(c) Where the act is accompanied by any express or implied threat of force,
4violence, injury or damage described in
sub. (1) or (2) par. (a) or (b).
AB1192,51,95
(e) Where the act is committed by any person who has suffered any prior
6conviction for any violation under
this section, s. 943.30, 1979 stats.,
ss. s. 940.42
to
7940.45, 2021 stats., s. 940.43, or any federal statute or statute of any other state
8which, if the act prosecuted was committed in this state, would be a violation under
9ss. 940.42 to 940.45 this section or s. 940.43.
AB1192,120
10Section
120. 940.46 of the statutes is amended to read:
AB1192,51,15
11940.46 Attempt prosecuted as completed act. Whoever attempts the
12commission of any act prohibited under
ss. 940.42 to 940.45 s. 940.43 or 940.44 is
13guilty of the offense attempted without regard to the success or failure of the attempt.
14The fact that no person was injured physically or in fact intimidated is not a defense
15against any prosecution under
ss. 940.42 to 940.45
s. 940.43 or 940.44.
AB1192,121
16Section
121. 940.47 (1) of the statutes is amended to read:
AB1192,51,1817
940.47
(1) An order that a defendant not violate
ss. 940.42 to 940.45 s. 940.43
18or 940.44.
AB1192,122
19Section
122. 940.47 (2) of the statutes is amended to read:
AB1192,51,2220
940.47
(2) An order that a person before the court other than a defendant,
21including, but not limited to, a subpoenaed witness or other person entering the
22courtroom of the court, not violate
ss. 940.42 to 940.45 s. 940.43 or 940.44.
AB1192,123
23Section
123. 940.48 (1) of the statutes is amended to read:
AB1192,51,2524
940.48
(1) If applicable, the person may be prosecuted under
ss. 940.42 to
25940.45 s. 940.43 or 940.44.
AB1192,124
1Section
124. 940.48 (2) (intro.), (a) and (b) of the statutes are consolidated,
2renumbered 940.48 (2) and amended to read:
AB1192,52,93
940.48
(2) As a contempt of court under ch. 785. A finding of contempt is not
4a bar to prosecution under
ss. 940.42 to 940.45, but: (a) Any s. 940.43 or 940.44.
5However, 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; s. 940.43 or 940.44, and
(b) Any any conviction or acquittal for
any 8a substantive offense under
ss. 940.42 to 940.45 s. 940.43 or 940.44 is a bar to
9subsequent punishment for contempt arising out of the same act.
AB1192,125
10Section
125. 940.49 of the statutes is amended to read:
AB1192,52,16
11940.49 Pretrial release. Any pretrial release of any defendant whether on
12bail or under any other form of recognizance shall be deemed to include a condition
13that the defendant neither do, nor cause to be done, nor permit to be done on his or
14her behalf, any act proscribed by
ss. 940.42 to 940.45 s. 940.43 or 940.44 and any
15willful violation of the condition is subject to punishment as prescribed in s. 940.48
16(3) whether or not the defendant was the subject of an order under s. 940.47.
AB1192,126
17Section 126
. 941.237 (1) (d) of the statutes is amended to read:
AB1192,52,2118
941.237
(1) (d) “Handgun"
has the meaning given in s. 175.35 (1) (b) means any
19weapon designed or redesigned, or made or remade, and intended to be fired while
20held in one hand and to use the energy of an explosive to expel a projectile through
21a smooth or rifled bore.
AB1192,53,724
941.29
(1g) (a) “Violent felony" means any felony under s. 943.23 (1m), 1999
25stats., s. 943.23 (1r), 1999 stats., or s. 943.23 (1g), 2021 stats., this section, or s.
1940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195,
2940.198, 940.20,
940.201 940.202, 940.203, 940.204, 940.21, 940.225, 940.23,
3940.235, 940.285 (2), 940.29, 940.295 (3), 940.30, 940.302, 940.305, 940.31, 940.43
4(1) to (3), 940.45 (1) to (3) (2m) (a) to (c) or (3m), 940.44 (2m) (a) to (c), 941.20, 941.26,
5941.28, 941.2905, 941.292, 941.30, 941.327 (2) (b) 3. or 4., 943.02, 943.04, 943.06,
6943.10 (2), 943.231 (1), 943.32, 943.87, 946.43, 948.02 (1) or (2), 948.025, 948.03,
7948.04, 948.05, 948.051, 948.06, 948.07, 948.08, 948.085, or 948.30.
AB1192,128
8Section
128. 941.29 (1g) (b) of the statutes is amended to read:
AB1192,53,139
941.29
(1g) (b) “Violent misdemeanor" means a violation of
s. 940.42, 2021
10stats., s. 940.44, 2021 stats., or s. 813.12, 813.122, 813.125, 940.19 (1), 940.195,
11940.42, 940.44, 941.20 (1), 941.26, 941.38 (3), 941.39, 947.013, 948.55, 951.02,
12951.08, 951.09, or 951.095 or a violation to which a penalty specified in s. 939.63 (1)
13is applied.
AB1192,129
14Section
129. 941.29 (1m) (intro.) of the statutes is amended to read: