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LRB-1975/2
PJH:kjf:kf
2015 - 2016 LEGISLATURE
April 1, 2015 - Introduced by Representatives J. Ott, Jagler, Born, Kerkman,
Heaton, T. Larson, Murphy, A. Ott, Rohrkaste, Weatherston, Quinn,
Rodriguez, Murtha, Novak, E. Brooks, Krug, Spiros, Bernier, Ballweg,
Macco, Ripp, Edming, Mursau, Kulp, Kremer, Gannon, Milroy, C. Taylor,
Horlacher, Knodl, Jacque, Stuck, Skowronski, Thiesfeldt, Tittl, Steffen
and Kahl, cosponsored by Senators Gudex, Wanggaard, Lassa, Bewley and
Marklein. Referred to Committee on Judiciary.
AB147,1,4 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) and 940.203
3(2) (d) of the statutes; relating to: battery and threats to a judge, a prosecutor,
4or a law enforcement officer and providing a criminal penalty.
Analysis by the Legislative Reference Bureau
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, 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,
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, or law
enforcement officer's official capacity, or if the person commits the offense while the
judge, prosecutor, 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:
AB147,1 1Section 1. 940.20 (2) of the statutes is amended to read:
AB147,2,82 940.20 (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.
AB147,2 9Section 2. 940.203 (title) of the statutes is amended to read:
AB147,2,11 10940.203 (title) Battery or threat to judge , prosecutor, or law
11enforcement officer
.
AB147,3 12Section 3. 940.203 (1) (c) of the statutes is created to read:
AB147,2,1413 940.203 (1) (c) "Law enforcement officer" has the meaning given in s. 102.475
14(8) (c).
AB147,4 15Section 4. 940.203 (1) (d) of the statutes is created to read:
AB147,2,1616 940.203 (1) (d) "Prosecutor" means any of the following:
AB147,2,1817 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).
AB147,2,2019 2. The attorney general, a deputy attorney general, or an assistant attorney
20general performing the duties of a district attorney.
AB147,5 21Section 5. 940.203 (2) (intro.) of the statutes is amended to read:
AB147,3,4
1940.203 (2) (intro.) Whoever intentionally causes bodily harm or threatens to
2cause bodily harm to the person or family member of any judge, prosecutor, or law
3enforcement officer
under all any of the following circumstances is guilty of a Class
4H felony:
AB147,6 5Section 6. 940.203 (2) (a) of the statutes is amended to read:
AB147,3,86 940.203 (2) (a) At the time of the act or threat, the actor knows or should have
7known that the victim is a judge, prosecutor, or law enforcement officer or a member
8of his or her the judge's, prosecutor's, or law enforcement officer's family.
AB147,7 9Section 7. 940.203 (2) (b) of the statutes is amended to read:
AB147,3,1210 940.203 (2) (b) The judge is acting in an official capacity at the time of the act
11or threat or the
act or threat is in response to any action taken by the judge,
12prosecutor, or law enforcement officer
in an official capacity.
AB147,8 13Section 8. 940.203 (2) (d) of the statutes is created to read:
AB147,3,1514 940.203 (2) (d) The judge, prosecutor, or law enforcement officer is acting in his
15or her official capacity at the time of the act or threat.
AB147,3,1616 (End)
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