LRB-4084/1
MJW:wlj
2023 - 2024 LEGISLATURE
September 8, 2023 - Introduced by Senators Wanggaard, Marklein, Ballweg and
Tomczyk, cosponsored by Representatives Sortwell, Steffen, Behnke,
Dittrich, Donovan, Edming, Michalski, Murphy, O'Connor, Tittl, Wichgers
and Brandtjen. Referred to Committee on Judiciary and Public Safety.
SB402,1,7 1An Act to renumber and amend 940.20 (3) (title) and 940.20 (3); to amend
248.685 (2) (bb), 48.685 (5) (bm) 4., 48.686 (1) (c) 9., 48.686 (1) (c) 12., 48.686 (2)
3(bb), 50.065 (2) (bb), 165.70 (1) (b), 165.84 (7) (ab) 2., 301.048 (2) (bm) 1. a.,
4767.461 (4), 940.03, 941.29 (1g) (a), 941.291 (1) (b), 941.39 (title), 946.82 (4),
5949.03 (2), 968.26 (1b) (a) 2. a., 969.08 (10) (b), 973.049 (2) and 973.123 (1); and
6to create 939.22 (21) (es), 940.202 (1) and (3) and 941.38 (1) (b) 5s. of the
7statutes; relating to: battery or threat to jurors and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, the crime of battery is defined as intentionally causing
another person bodily harm and is a Class A misdemeanor. Under current law, if the
battery is a special circumstance battery—for example, the battery is committed
against an individual because of the individual's status as a law enforcement officer,
witness in a trial, or juror—the penalty is increased to a Class H felony. Under this
bill, a threat or battery against a juror or a threat or battery against a family member
of a juror is a Class I felony.
Current law also allows a judge, upon sentencing a person for a crime, to
prohibit the person from contacting a victim of or witness to the person's crime during
any part of the person's sentence or probation. The bill allows a judge to prohibit a
person who is convicted of a crime from contacting, for any part of the person's

sentence or probation, a juror who served at any proceeding related to the person's
crime.
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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB402,1 1Section 1. 48.685 (2) (bb) of the statutes is amended to read:
SB402,2,182 48.685 (2) (bb) If information obtained under par. (am), (b), or (ba) indicates a
3charge of a serious crime, but does not completely and clearly indicate the final
4disposition of the charge, the department, county department, child welfare agency,
5or entity shall make every reasonable effort to contact the clerk of courts to determine
6the final disposition of the charge. If a background information form under sub. (6)
7(a) or (am) indicates a charge or a conviction of a serious crime, but information
8obtained under par. (am), (b), or (ba) does not indicate such a charge or conviction,
9the department, county department, child welfare agency, or entity shall make every
10reasonable effort to contact the clerk of courts to obtain a copy of the criminal
11complaint and the final disposition of the complaint. If information obtained under
12par. (am), (b), or (ba), a background information form under sub. (6) (a) or (am), or
13any other information indicates a conviction of a violation of s. 940.19 (1), 940.195,
14940.20, 940.202, 940.204, 941.30, 942.08, 947.01 (1), or 947.013 obtained not more
15than 5 years before the date on which that information was obtained, the
16department, county department, child welfare agency, or entity shall make every
17reasonable effort to contact the clerk of courts to obtain a copy of the criminal
18complaint and judgment of conviction relating to that violation.
SB402,2 19Section 2. 48.685 (5) (bm) 4. of the statutes is amended to read:
SB402,3,6
148.685 (5) (bm) 4. A violation of s. 940.19 (3), 1999 stats., or of s. 125.075 (1),
2125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5),
3or (6), 940.20, 940.202, 940.203, 940.204, 940.205, 940.207, or 940.25, a violation of
4s. 346.63 (1), (2), (5), or (6) that is a felony under s. 346.65 (2) (am) 4. to 7., or (f), (2j)
5(d), or (3m), or an offense under ch. 961 that is a felony, if committed not more than
65 years before the date of the investigation under sub. (2) (am).
SB402,3 7Section 3. 48.686 (1) (c) 9. of the statutes, as affected by 2023 Wisconsin Act
810
, is amended to read:
SB402,3,139 48.686 (1) (c) 9. A violation of s. 125.075 (1), 125.085 (3) (a) 2., 125.105 (2) (b),
10125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5), or (6), 940.20, 940.203, 940.202,
11940.204, 940.205, 940.207, 940.25, or 943.231 (1), a violation of s. 346.63 (1), (2), (5),
12or (6) that is a felony under s. 346.65 (2) (am) 4., 5., 6., or 7. or (f), (2j) (d), or (3m), or
13an offense under ch. 961 that is a felony.
SB402,4 14Section 4. 48.686 (1) (c) 12. of the statutes is amended to read:
SB402,3,1915 48.686 (1) (c) 12. A violation of the laws of another state or United States
16jurisdiction that if committed in this state would constitute felony battery under s.
17940.19 (2), (4), (5), or (6), 940.20, 940.202, or 940.204, a felony offense of domestic
18abuse, as defined in s. 813.12 (1) (am), a sex offense or a violent crime under ch. 948,
19or a violation of s. 940.225 if the victim was a child.
SB402,5 20Section 5. 48.686 (2) (bb) of the statutes is amended to read:
SB402,4,921 48.686 (2) (bb) If information obtained under par. (am) indicates a charge of a
22serious crime, but does not completely and clearly indicate the final disposition of the
23charge, the department shall make every reasonable effort to contact the clerk of
24courts to determine the final disposition of the charge. If information submitted to
25the department under par. (ag) indicates a charge or a conviction of a serious crime,

1but information obtained under par. (am) does not indicate such a charge or
2conviction, the department shall make every reasonable effort to contact the clerk
3of courts to obtain a copy of the criminal complaint and the final disposition of the
4complaint. If information obtained under par. (am), information submitted under
5par. (ag), or any other information indicates a conviction of a violation of s. 940.19 (1),
6940.195, 940.20, 940.202, 940.204, 941.30, 942.08, 947.01 (1), or 947.013 obtained
7not more than 5 years before the date on which that information was obtained, the
8department shall make every reasonable effort to contact the clerk of courts to obtain
9a copy of the criminal complaint and judgment of conviction relating to that violation.
SB402,6 10Section 6. 50.065 (2) (bb) of the statutes is amended to read:
SB402,5,211 50.065 (2) (bb) If information obtained under par. (am) or (b) indicates a charge
12of a serious crime, but does not completely and clearly indicate the final disposition
13of the charge, the department or entity shall make every reasonable effort to contact
14the clerk of courts to determine the final disposition of the charge. If a background
15information form under sub. (6) (a) or (am), or any disclosure made pursuant to a
16disclosure policy described under sub. (6) (am), indicates a charge or a conviction of
17a serious crime, but information obtained under par. (am) or (b) does not indicate
18such a charge or conviction, the department or entity shall make every reasonable
19effort to contact the clerk of courts to obtain a copy of the criminal complaint and the
20final disposition of the complaint. If information obtained under par. (am) or (b), a
21background information form under sub. (6) (a) or (am), any disclosure made
22pursuant to a disclosure policy described under sub. (6) (am), or any other
23information indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20,
24940.202, 940.204, 941.30, 942.08, 947.01 (1), or 947.013 obtained not more than 5
25years before the date on which that information was obtained, the department or

1entity shall make every reasonable effort to contact the clerk of courts to obtain a
2copy of the criminal complaint and judgment of conviction relating to that violation.
SB402,7 3Section 7 . 165.70 (1) (b) of the statutes is amended to read:
SB402,5,74 165.70 (1) (b) Except as provided in sub. (1m), enforce chs. 945 and 961 and ss.
5940.20 (3), 940.201, 940.202, 941.25, 941.26, 943.01 (2) (c), 943.011, 943.27, 943.28,
6943.30, 944.30 (1m), 944.31, 944.32, 944.33, 944.34, 946.65, 947.02 (3) and (4),
7948.075, 948.08, and 948.081.
SB402,8 8Section 8. 165.84 (7) (ab) 2. of the statutes is amended to read:
SB402,5,129 165.84 (7) (ab) 2. A felony violation of s. 940.02, 940.03, 940.06, 940.07, 940.08,
10940.09 (1c), 940.10, 940.19 (2), (4), (5), or (6), 940.195 (2), (4), (5), or (6), 940.20,
11940.201 (2), 940.202, 940.203 (2), 940.204, 940.205 (2), 940.207 (2), 940.208, 940.23,
12941.30, or 948.03 (3) or (5) (a) 4.
SB402,9 13Section 9. 301.048 (2) (bm) 1. a. of the statutes, as affected by 2023 Wisconsin
14Act 10
, is amended to read:
SB402,5,2315 301.048 (2) (bm) 1. a. A crime specified in s. 940.19 (3), 1999 stats., s. 940.195
16(3), 1999 stats., s. 943.23 (1m), 1999 stats., s. 943.23 (1r), 1999 stats., or s. 943.23 (1g),
172021 stats., or s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10,
18940.19 (4) or (5), 940.195 (4) or (5), 940.198 (2), 940.20, 940.201, 940.202, 940.203,
19940.204, 940.21, 940.225 (1) to (3), 940.23, 940.235, 940.285 (2) (a) 1. or 2., 940.29,
20940.295 (3) (b) 1g., 1m., 1r., 2., or 3., 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20
21(2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.04,
22943.06, 943.10 (2), 943.231 (1), 943.30, 943.32, 946.43, 947.015, 948.02 (1) or (2),
23948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 948.07, 948.08, 948.085, or 948.30.
SB402,10 24Section 10. 767.461 (4) of the statutes is amended to read:
SB402,6,12
1767.461 (4) A term of incarceration, extended supervision, parole, or probation
2for a violation of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10,
3940.19, 940.195, 940.20, 940.201 (2), 940.202, 940.203 (2), 940.204, 940.225 (1), (2),
4or (3), 940.23, 940.235, 940.24 (1), 940.30, 940.302 (2), 940.305, 940.31, 940.32 (2),
5(2e), or (2m), 940.42, 940.43, 940.44, 940.45, 941.20, 941.29, 941.30, 941.39, 943.011
6(2), 947.012, 947.013, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051,
7948.055, 948.06, 948.07, 948.08, 948.085, 948.095, 948.30, 948.55, or 951.02 or any
8felony to which the penalty enhancer under s. 939.621 could be imposed, for a
9violation of a 72-hour no contact order under s. 968.075 (5), for a violation of a
10domestic abuse restraining order, child abuse restraining order, or harassment
11restraining order, or for a violation to which a penalty enhancer for the use of a
12dangerous weapon is applied.
SB402,11 13Section 11 . 939.22 (21) (es) of the statutes is created to read:
SB402,6,1514 939.22 (21) (es) Battery or threat to a juror or the family member of a juror, as
15prohibited in s. 940.202.
SB402,12 16Section 12. 940.03 of the statutes, as affected by 2023 Wisconsin Act 10, is
17amended to read:
SB402,6,23 18940.03 Felony murder. Whoever causes the death of another human being
19while committing or attempting to commit a crime specified in s. 940.19, 940.195,
20940.20, 940.201, 940.202, 940.203, 940.204, 940.225 (1) or (2) (a), 940.30, 940.31,
21943.02, 943.10 (2), 943.231 (1), or 943.32 (2) may be imprisoned for not more than 15
22years in excess of the maximum term of imprisonment provided by law for that crime
23or attempt.
SB402,13 24Section 13 . 940.20 (3) (title) of the statutes is renumbered 940.202 (title) and
25amended to read:
SB402,7,1
1940.202 (title) Battery or threat to jurors.
SB402,14 2Section 14 . 940.20 (3) of the statutes is renumbered 940.202 (2) and amended
3to read:
SB402,7,84 940.202 (2) Whoever intentionally causes bodily harm or threatens to cause
5bodily harm
to a person who he or she knows or has reason to know is or was a grand
6or petit
juror, and by reason of any verdict or indictment assented to by the person,
7for a reason related to the person's service as a juror, without the consent of the
8person injured harmed or threatened, is guilty of a Class H I felony.
SB402,15 9Section 15 . 940.202 (1) and (3) of the statutes are created to read:
SB402,7,1010 940.202 (1) In this section:
SB402,7,1211 (a) “Family member” means a spouse, child, stepchild, foster child, parent,
12sibling, or grandchild.
SB402,7,1513 (b) “Juror” means a person who is or was a grand or petit juror or is a
14prospective grand or petit juror who has received a summons to appear for jury
15service.
SB402,7,19 16(3) Whoever intentionally causes bodily harm or threatens to cause bodily
17harm to a person who he or she knows or has reason to know is a family member of
18a juror, for a reason related to the juror's service as a juror, without the consent of
19the person harmed or threatened, is guilty of a Class I felony.
SB402,16 20Section 16. 941.29 (1g) (a) of the statutes, as affected by 2023 Wisconsin Act
2110
, is amended to read:
SB402,8,522 941.29 (1g) (a) “Violent felony" means any felony under s. 943.23 (1m), 1999
23stats., s. 943.23 (1r), 1999 stats., or s. 943.23 (1g), 2021 stats., this section, or s.
24940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195,
25940.198, 940.20, 940.201, 940.202, 940.203, 940.204, 940.21, 940.225, 940.23,

1940.235, 940.285 (2), 940.29, 940.295 (3), 940.30, 940.302, 940.305, 940.31, 940.43
2(1) to (3), 940.45 (1) to (3), 941.20, 941.26, 941.28, 941.2905, 941.292, 941.30, 941.327
3(2) (b) 3. or 4., 943.02, 943.04, 943.06, 943.10 (2), 943.231 (1), 943.32, 943.87, 946.43,
4948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 948.07, 948.08,
5948.085, or 948.30.
SB402,17 6Section 17. 941.291 (1) (b) of the statutes, as affected by 2023 Wisconsin Act
710
, is amended to read:
SB402,8,198 941.291 (1) (b) “Violent felony" means any felony, or the solicitation, conspiracy,
9or attempt to commit any felony, under s. 943.23 (1m) or (1r), 1999 stats., or s. 943.23
10(1g), 2021 stats., or s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10,
11940.19, 940.195, 940.198, 940.20, 940.201, 940.202, 940.203, 940.204, 940.21,
12940.225, 940.23, 940.285 (2), 940.29, 940.295 (3), 940.30, 940.305, 940.31, 940.43 (1)
13to (3), 940.45 (1) to (3), 941.20, 941.26, 941.28, 941.29, 941.30, 941.327, 943.01 (2) (c),
14943.011, 943.013, 943.02, 943.04, 943.06, 943.10 (2), 943.231 (1), 943.32, 943.81,
15943.82, 943.83, 943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 946.43, 947.015,
16948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07, 948.08, 948.085, or
17948.30; or, if the victim is a financial institution, as defined in s. 943.80 (2), a felony,
18or the solicitation, conspiracy, or attempt to commit a felony under s. 943.84 (1) or
19(2).
SB402,18 20Section 18 . 941.38 (1) (b) 5s. of the statutes is created to read:
Loading...
Loading...