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September 24, 2015 - Introduced by Representatives Kerkman and Horlacher.
Referred to Committee on Judiciary.
AB347,1,5 1An Act to amend 940.20 (2), 940.203 (title), 940.203 (2) (intro.), 940.203 (2) (a)
2and 940.203 (2) (b); and to create 940.203 (1) (c), 940.203 (1) (d), 940.203 (1) (e)
3and 940.203 (2) (d) of the statutes; relating to: battery and threats to a judge,
4a prosecutor, a public defender, or a law enforcement officer and providing a
5criminal penalty.
Analysis by the Legislative Reference Bureau
This bill creates an increased penalty for certain batteries or threats. Under
current law, no person may intentionally cause bodily harm to a law enforcement
officer acting in an official capacity, if the actor knows or has reason to know that the
victim is a law enforcement officer. Under current law, no one may intentionally
cause or threaten bodily harm to a judge or a member of a judge's family if the person
knows that the person harmed or threatened is a judge or a family member of the
judge and the person who causes or threatens harm does so while the judge is acting
in his or her official capacity or as a response to an official action by the judge. A
person who commits any of these acts is guilty of a Class H felony and may be fined
not more than $10,000, imprisoned for not more than six years, or both.
Under this bill, a person who intentionally causes or threatens bodily harm to
a judge, a prosecutor, a public defender, or a law enforcement officer, or who
intentionally causes or threatens bodily harm to a family member of any of those
persons, is guilty of Class H felony if the person knows or should know that the victim
is a judge, prosecutor, public defender, or law enforcement officer, or family member

of any of those, if the person commits the offense in response to any action taken in
the judge's, prosecutor's, public defender's, or law enforcement officer's official
capacity, or if the person commits the offense while the judge, prosecutor, public
defender, or law enforcement officer is acting in his or her official capacity.
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:
AB347,1 1Section 1. 940.20 (2) of the statutes is amended to read:
AB347,2,82 940.20 (2) Battery to law enforcement officers, fire fighters, and
3commission wardens.
Whoever intentionally causes bodily harm to a law
4enforcement officer or
fire fighter, as those terms are defined in s. 102.475 (8) (b) and
5(c)
, or to a commission warden, acting in an official capacity and the person knows
6or has reason to know that the victim is a law enforcement officer, fire fighter, or
7commission warden, by an act done without the consent of the person so injured, is
8guilty of a Class H felony.
AB347,2 9Section 2. 940.203 (title) of the statutes is amended to read:
AB347,2,11 10940.203 (title) Battery or threat to judge , prosecutor, public defender,
11or law enforcement officer
.
AB347,3 12Section 3. 940.203 (1) (c) of the statutes is created to read:
AB347,2,1413 940.203 (1) (c) "Law enforcement officer" has the meaning given in s. 102.475
14(8) (c).
AB347,4 15Section 4. 940.203 (1) (d) of the statutes is created to read:
AB347,2,1616 940.203 (1) (d) "Prosecutor" means any of the following:
AB347,2,1817 1. A district attorney, a deputy district attorney, an assistant district attorney,
18or a special prosecutor appointed under s. 978.045 or 978.05 (8) (b).
AB347,3,2
12. The attorney general, a deputy attorney general, or an assistant attorney
2general performing the duties of a district attorney.
AB347,5 3Section 5. 940.203 (1) (e) of the statutes is created to read:
AB347,3,64 940.203 (1) (e) "Public defender" means the state public defender, a staff
5attorney in the office of the state public defender, or a private attorney appointed
6under s. 977.08.
AB347,6 7Section 6. 940.203 (2) (intro.) of the statutes is amended to read:
AB347,3,118 940.203 (2) (intro.) Whoever intentionally causes bodily harm or threatens to
9cause bodily harm to the person or family member of any judge, prosecutor, public
10defender, or law enforcement officer
under all any of the following circumstances is
11guilty of a Class H felony:
AB347,7 12Section 7. 940.203 (2) (a) of the statutes is amended to read:
AB347,3,1613 940.203 (2) (a) At the time of the act or threat, the actor knows or should have
14known that the victim is a judge, prosecutor, public defender, or law enforcement
15officer
or a member of his or her the judge's, prosecutor's, public defender's, or law
16enforcement officer's
family.
AB347,8 17Section 8. 940.203 (2) (b) of the statutes is amended to read:
AB347,3,2018 940.203 (2) (b) The judge is acting in an official capacity at the time of the act
19or threat or the
act or threat is in response to any action taken by the judge,
20prosecutor, public defender, or law enforcement officer
in an official capacity.
AB347,9 21Section 9. 940.203 (2) (d) of the statutes is created to read:
AB347,3,2322 940.203 (2) (d) The judge, prosecutor, public defender, or law enforcement
23officer is acting in his or her official capacity at the time of the act or threat.
AB347,3,2424 (End)
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