AB1140: Bill Text

AB1140,56,17 941.38 (1) (b) 12. Intimidation of victims, as prohibited in s. 940.44 or 940.45.

AB1140,140 Section 140 . 943.20 (1) (f) of the statutes is created to read:

AB1140,56,21 943.20 (1) (f) Having devised or intending to devise any scheme or artifice to defraud, obtains money or property by means of false or fraudulent pretenses, representations, or promises.

AB1140,141 Section 141. 946.60 of the statutes is repealed.

AB1140,142 Section 142. 946.61 of the statutes is repealed.

AB1140,143 Section 143. 946.65 of the statutes is repealed and recreated to read:

AB1140,57,1 946.65 Obstructing justice. (1m) In this section:

AB1140,57,4 (a) “Criminal investigator” means any individual authorized by a department, agency, or political subdivision of the state or the Wisconsin national guard to conduct or engage in an investigation of or prosecution for a crime.

AB1140,57,10 (b) “Record” means any material on which written, drawn, printed, spoken, visual, or electromagnetic information or electronically generated or stored data is recorded or preserved, regardless of physical form or characteristics. “ Record” includes handwritten, typed, or printed pages, maps, charts, photographs, films, recordings, tapes, optical discs, and any other medium on which electronically generated or stored data is recorded or preserved.

AB1140,57,11 (2m) Whoever does any of the following is guilty of a Class H felony:

AB1140,57,15 (a) With intent to avoid, evade, prevent, or obstruct compliance with any governmental civil or criminal investigative demand, intentionally withholds, misrepresents, removes from any place, conceals, covers up, destroys, mutilates, alters, or falsifies any record or oral testimony that is the subject of the demand.

AB1140,57,19 (b) Intentionally, by offer of consideration, threat or force, or misrepresentation, influences, obstructs, or impedes any proceeding before a court, court commissioner, administrative law judge, or department or agency of the state or any inquiry or investigation by the legislature.

AB1140,57,24 (c) Intentionally, by threat or force, prevents, obstructs, impedes, or interferes with due exercise of rights or the performance of duties pursuant to any order, judgment, or decree of a court of this state. No injunctive or other civil relief against the conduct made criminal by this section shall be denied on the ground that such conduct may be punished under this paragraph.

AB1140,58,2 (d) Intentionally prevents or obstructs the communication of information relating to a crime to a criminal investigator.

AB1140,58,3 (e) Attempts to commit any of the acts described in pars. (a) to (d).

AB1140,58,7 (f) Knowingly alters, destroys, mutilates, conceals, covers up, or falsifies any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department, agency, or political subdivision of the state.

AB1140,58,11 (g) Knowingly accepts consideration with the intent to influence, obstruct, or impede or attempt to influence, obstruct, or impede the administration of the law in any proceeding before a court, court commissioner, administrative law judge, or department, agency, or political subdivision of the state.

AB1140,144 Section 144. 946.82 (4) of the statutes is amended to read:

AB1140,59,3 946.82 (4) “Racketeering activity" means any activity specified in 18 USC 1961 (1) in effect as of April 27, 1982, or the attempt, conspiracy to commit, or commission of any of the felonies specified in: chs. 945 and 961, subch. V of ch. 551, and ss. 49.49, 134.05, 139.44 (1), 180.0129, 181.0129, 185.825, 201.09 (2), 215.12, 221.0625, 221.0636, 221.0637, 221.1004, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (4) to (6), 940.20, 940.201 940.202, 940.203, 940.21, 940.30, 940.302 (2), 940.305, 940.31, 940.43 (2m) and (3m), 940.44 (2m), 941.20 (2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 942.09, 943.01 (2), (2d), or (2g), 943.011, 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (bf) to (e), 943.201, 943.203, 943.23 (1g), (2) and (3), 943.24 (2), 943.27, 943.28, 943.30, 943.32, 943.34 (1) (bf), (bm), and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (bf), (bm), and (c) and (4m), 943.60, 943.70, 943.76, 943.81, 943.82, 943.83, 943.84, 943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 944.21 (5) (c) and (e), 944.32, 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11, 946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76, 946.79, 947.015, 948.05, 948.051, 948.08, 948.12, and 948.30.

AB1140,145 Section 145. 947.01 (1) of the statutes is renumbered 947.01 (1) (intro.) and amended to read:

AB1140,59,7 947.01 (1) (intro.) Whoever, in a public or private place, engages in violent, abusive any of the following is guilty of a Class B misdemeanor:

AB1140,59,10 (b) Abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor.

AB1140,146 Section 146. 947.01 (1) (a) of the statutes is created to read:

AB1140,59,13 947.01 (1) (a) Violent behavior that involves the use or attempted use of physical force or the use or threat to use a dangerous weapon.

AB1140,147 Section 147. 949.03 (1) (b) of the statutes, as affected by 2021 Wisconsin Act 76, is amended to read:

AB1140,59,23 949.03 (1) (b) The commission or the attempt to commit any crime specified in s. 346.62 (4), 346.63 (2) or (6), 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.09, 940.10, 940.19, 940.198, 940.20, 940.201 940.202, 940.21, 940.22 (2), 940.225, 940.23, 940.235, 940.24, 940.25, 940.285, 940.29, 940.30, 940.302 (2), 940.305, 940.31, 940.32, 940.43 (2m) or (3m), 940.44 (2m), 941.327, 942.09, 943.02, 943.03, 943.04, 943.10, 943.20, 943.23 (1g), 943.32, 943.81, 943.86, 943.87, 948.02, 948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 948.07, 948.075, 948.08, 948.085, 948.09, 948.095, 948.20, 948.21 (1), 948.30 or 948.51.

AB1140,148 Section 148 . 961.472 (5) (b) of the statutes is amended to read:

AB1140,60,3 961.472 (5) (b) The person is participating in a an evidence-based substance abuse use disorder treatment program that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).

AB1140,149 Section 149 . 967.11 (1) of the statutes is amended to read:

AB1140,60,7 967.11 (1) In this section, “approved substance abuse treatment program" means a substance abuse treatment program that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).

AB1140,150 Section 150 . 967.11 (2) of the statutes is amended to read:

AB1140,60,14 967.11 (2) If a county establishes an approved substance abuse treatment program and the approved program authorizes the use of surveillance and monitoring technology or day reporting programs, a court or a district attorney may require a person participating in an the approved substance abuse treatment program to submit to surveillance and monitoring technology or a day reporting program as a condition of participation.

AB1140,151 Section 151. 968.075 (1) (a) (intro.) of the statutes is amended to read:

AB1140,60,19 968.075 (1) (a) (intro.) “Domestic abuse" means any of the following engaged in by an adult person against his or her spouse or former spouse, against an adult with whom the person resides or formerly resided or against an adult with whom the person has a child in common a relative of the adult person:

AB1140,152 Section 152. 968.075 (1) (f) of the statutes is created to read:

AB1140,60,21 968.075 (1) (f) “Relative” means any of the following:

AB1140,60,22 1. Spouse or former spouse.

AB1140,60,23 2. Parent or stepparent.

AB1140,60,24 3. Legal guardian.

AB1140,60,25 4. Person with whom the adult person has a child in common.

AB1140,61,2 5. Person with whom the adult person is cohabiting or has cohabited as a spouse, a parent, or a legal guardian.

AB1140,61,4 6. Person who is similarly situated to the adult person as a spouse, a parent, or a legal guardian.

AB1140,61,6 7. An adult who is residing or has resided with the adult person if subd. 1., 2., 3., 4., 5., or 6. does not apply.

AB1140,153 Section 153 . 968.20 (3) (b) of the statutes is amended to read:

AB1140,62,6 968.20 (3) (b) Except as provided in par. (a) or sub. (1m) or (4), a city, village, town or county or other custodian of a seized dangerous weapon or ammunition, if the dangerous weapon or ammunition is not required for evidence or use in further investigation and has not been disposed of pursuant to a court order at the completion of a criminal action or proceeding, shall make reasonable efforts to notify all persons who have or may have an authorized rightful interest in the dangerous weapon or ammunition of the application requirements under sub. (1). If, within 30 days after the notice, an application under sub. (1) is not made and the seized dangerous weapon or ammunition is not returned by the officer under sub. (2), the city, village, town or county or other custodian may retain the dangerous weapon or ammunition and authorize its use by a law enforcement agency, except that a dangerous weapon used in the commission of a homicide or a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), may not be retained. If a dangerous weapon other than a firearm is not so retained, the city, village, town or county or other custodian shall safely dispose of the dangerous weapon or, if the dangerous weapon is a motor vehicle, as defined in s. 340.01 (35), sell the motor vehicle following the procedure under s. 973.075 (4). If a firearm or ammunition is not so retained, the city, village, town or county or other custodian shall ship it to the state crime laboratories and it is then the property of the laboratories. A person designated by the department of justice may destroy any material for which the laboratories have no use or arrange for the exchange of material with other public agencies. In lieu of destruction, shoulder weapons for which the laboratory has no use shall be turned over to the department of natural resources for sale and distribution of proceeds under s. 29.934 or for use under s. 29.938.

AB1140,154 Section 154. 968.26 (1b) (a) 2. a. of the statutes, as affected by 2021 Wisconsin Act 76, is amended to read:

AB1140,62,15 968.26 (1b) (a) 2. a. Section 940.04, 940.11, 940.19 (2), (4), (5), or (6), 940.195 (2), (4), (5), or (6), 940.198 (2) (b) or (c) or (3), 940.20, 940.201 940.202, 940.203, 940.205, 940.207, 940.208, 940.22 (2), 940.225 (3), 940.29, 940.302 (2) (c), 940.32, 940.43 (2m) or (3m), 940.44 (2m), 941.32, 941.38 (2), 942.09 (2), 943.10, 943.205, 943.32 (1), 946.43, 946.44, 946.47, 946.48, 948.02 (3), 948.03 (2) (b) or (c), (3), or (4), 948.04, 948.055, 948.095, 948.10 (1) (a), 948.11, 948.13 (2) (a), 948.14, 948.20, 948.23 (1), (2), or (3) (c) 2. or 3., or 948.30 (1).

AB1140,155 Section 155. 969.08 (10) (b) of the statutes, as affected by 2021 Wisconsin Act 76, is amended to read:

AB1140,63,3 969.08 (10) (b) “Serious crime" means any crime specified in s. 943.23 (1m), 1999 stats., or s. 943.23 (1r), 1999 stats., or s. 346.62 (4), 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5), 940.195 (5), 940.198 (2) (a) or (c), 940.20, 940.201 940.202 (2), 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.24, 940.25, 940.29, 940.295 (3) (b) 1g., 1m., 1r., 2. or 3., 940.302 (2), 940.31, 940.43 (2m) or (3m), 940.44 (2m), 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.03, 943.04, 943.06, 943.10, 943.23 (1g), 943.30, 943.32, 943.81, 943.82, 943.83, 943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 946.01, 946.02, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 948.07, 948.085, or 948.30 or, if the victim is a financial institution, as defined in s. 943.80 (2), a crime under s. 943.84 (1) or (2).

AB1140,156 Section 156. 969.15 of the statutes is created to read:

AB1140,63,8 969.15 Enforcement assistance for court orders that render persons ineligible to possess a firearm under federal law. If a person who is released on bail or bond under this chapter is subject to a court order described in 18 USC 922 (g) (8), all of the following shall occur:

AB1140,63,10 (1) Within one business day of the person's release, the clerk shall send a copy of the court order to the sheriff with jurisdiction over the person's residence.

AB1140,63,17 (2) No later than 24 hours after receiving the copy of the court order under sub. (1), the sheriff shall enter the court order, including modifying or cancelling a previous court order per the current court order, into the transaction information for management of enforcement system. The sheriff shall ensure that the information on the existence and status of any court order under this section is available to other law enforcement agencies through a verification system. The information does not need to be maintained after the order is no longer in effect.

AB1140,63,21 (3) A law enforcement agency or a clerk may use electronic transmission to facilitate the exchange of information under this section. Any person who uses electronic transmission shall ensure that the electronic transmission does not allow unauthorized disclosure of the information transmitted.

AB1140,157 Section 157 . 971.17 (1g) of the statutes is amended to read:

AB1140,64,2 971.17 (1g) Notice of restriction on firearm possession. If the defendant under sub. (1) is found not guilty of a felony, or of a violation under s. 175.33 (2), by reason of mental disease or defect, the court shall inform the defendant of the requirements and penalties under s. 941.29.

AB1140,158 Section 158. 971.37 (1m) (a) 2. of the statutes is amended to read:

AB1140,64,10 971.37 (1m) (a) 2. An adult accused of or charged with a criminal violation of s. 940.19, 940.20 (1m), 940.201, 940.225, 940.23, 940.285, 940.30, 940.42, 940.43, 940.44, 940.45, 940.48, 941.20, 941.30, 943.01, 943.011, 943.14, 943.15, 946.49, 947.01 (1), 947.012 or 947.0125 and the conduct constituting the violation involved an act by the adult person against his or her spouse or former spouse, against an adult with whom the adult person resides or formerly resided or against an adult with whom the adult person has created a child.

AB1140,159 Section 159. 973.017 (3) (f) of the statutes is created to read:

AB1140,64,14 973.017 (3) (f) The fact that the person committed or attempted to commit a violation of s. 940.01 because the victim of the homicide or attempted homicide was any of the following:

AB1140,64,16 1. A juror, as defined in s. 940.202 (1) (b), or a family member, as defined in s. 940.41 (1d), of a juror.

AB1140,64,18 2. A witness, as defined in s. 940.41 (3), or a family member, as defined in s. 940.41 (1d), of a witness.

AB1140,64,20 3. A victim, as defined in s. 940.41 (2), or a family member, as defined in s. 940.41 (1d), of a victim.

AB1140,160 Section 160. 973.055 (1) (a) 1. of the statutes is amended to read:

AB1140,65,3 973.055 (1) (a) 1. The court convicts the person of a violation of a crime specified in s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.19, 940.20 (1m), 940.201, 940.21, 940.225, 940.23, 940.235, 940.285, 940.30, 940.305, 940.31, 940.32, 940.42, 940.43, 940.44, 940.45, 940.48, 941.20, 941.30, 943.01, 943.011, 943.14, 943.15, 946.49, 947.01 (1), 947.012 or 947.0125 or of a municipal ordinance conforming to s. 940.201 940.43 (3m), 941.20, 941.30, 943.01, 943.011, 943.14, 943.15, 946.49, 947.01 (1), 947.012 or 947.0125; and

AB1140,161 Section 161. 973.123 (1) of the statutes, as affected by 2021 Wisconsin Act 76, is amended to read:

AB1140,65,14 973.123 (1) In this section, “violent felony" means any felony under s. 943.23 (1m), 1999 stats., or s. 943.23 (1r), 1999 stats., or s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.198, 940.20, 940.201 940.202, 940.203, 940.21, 940.225, 940.23, 940.235, 940.285 (2), 940.29, 940.295 (3), 940.30, 940.302, 940.305, 940.31, 940.43 (1) to (3), 940.45 (1) to (3) (2m) (a) to (c) or (3m), 940.44 (2m) (a) to (c), 941.20, 941.26, 941.28, 941.29, 941.292, 941.30, 941.327 (2) (b) 3. or 4., 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), 943.32, 943.87, 946.43, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 948.07, 948.08, 948.085, or 948.30.

AB1140,162 Section 162 . 973.155 (1m) of the statutes is amended to read:

AB1140,65,20 973.155 (1m) A convicted offender shall be given credit toward the service of his or her sentence for all days spent in custody as part of a substance abuse treatment program that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10), for any offense arising out of the course of conduct that led to the person's placement in that program.

AB1140,163 Section 163 . 973.176 (1) of the statutes is amended to read:

AB1140,66,2 973.176 (1) Firearm possession. Whenever a court imposes a sentence or places a defendant on probation regarding a felony conviction or regarding a conviction for a misdemeanor under s. 175.33 (2), the court shall inform the defendant of the requirements and penalties applicable to him or her under s. 941.29 (1m) or (4m).

AB1140,164 Section 164 . Nonstatutory provisions.

AB1140,66,4 (1) Field prosecutor positions; drug-related offenses.

AB1140,66,9 (a) Project positions. The authorized FTE positions for the department of justice, funded from the appropriation under s. 20.455 (1) (a), are decreased by 2.0 GPR project positions on the effective date of this paragraph for the purpose of assisting the division of criminal investigation in the field offices of Wausau and Appleton and for assisting district attorneys in prosecuting drug-related offenses.

AB1140,66,10 (b) Field prosecutors.

AB1140,66,14 1. Notwithstanding s. 230.15 (1), (3), or (7), all incumbent employees holding project positions in the department of justice eliminated under par. (a) are transferred to the positions authorized under Section 165 (9 ) of this act on the effective date of this subdivision.

AB1140,66,17 2. Notwithstanding s. 230.27 (2m) (a), an employee who is transferred under subd. 1. may transfer rights and benefits, including seniority and continuous service earned while serving the project appointment, to the permanent position.

AB1140,66,19 3. Notwithstanding s. 230.28 (4), no employee transferred under subd. 1 . is required to serve a probationary period.

AB1140,66,24 (2) Community services to reduce recidivism; onetime funding. Notwithstanding s. 16.42 (1) (e), in submitting information under s. 16.42 for the 2023-25 biennial budget bill, the department of justice shall submit information concerning the appropriation under s. 20.455 (1) (ds) as though the increase in the dollar amount of that appropriation by Section 165 (8 ) of this act did not take effect.

AB1140,67,5 (3) Violence prevention grants. The department of justice shall establish a program to award grants from the appropriation under s. 20.455 (2) (dm) in the 2021-23 fiscal biennium for violence prevention programs. Grant applications are due no later than June 30 of each fiscal year. The department of justice shall consult with the department of health services to determine grant awards under this section.

AB1140,67,11 (4) Community policing and community prosecution grant program. From the appropriation under s. 20.455 (2) (cs), the department of justice shall provide grants in the 2021-23 fiscal biennium for community policing and community prosecution. In determining whether to award a grant under this section, the department of justice may consider whether the grant will be used to address community policing needs through hot-spot policing.

AB1140,67,15 (5) Officer recruitment, retention, and wellness grant program. From the appropriation under s. 20.455 (2) (ct), the department of justice shall provide grants in the 2021-23 fiscal biennium for programs designed to recruit and retain law enforcement officers and to promote officer wellness.

AB1140,67,20 (6) Crime victim services; onetime funding. Notwithstanding s. 16.42 (1) (e), in submitting information under s. 16.42 for the 2023-25 biennial budget bill, the department of justice shall submit information concerning the appropriation under s. 20.455 (5) (a) as though the increase in the dollar amount of that appropriation by Section 165 (10) of this act did not take effect.

AB1140,165 Section 165 . Fiscal changes.

AB1140,68,5 (1) Alternatives to prosecution and incarceration grant program administration. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a), the dollar amount for fiscal year 2021-22 is increased by $426,800 to increase the authorized FTE positions for the department by 5.0 GPR positions to administer the alternatives to prosecution and incarceration grant program under s. 165.95. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a), the dollar amount for fiscal year 2022-23 is increased by $426,800 to provide funding for the positions authorized under this subsection.

AB1140,68,12 (2) Alternatives to prosecution and incarceration grant program. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (ek), the dollar amount for fiscal year 2021-22 is increased by $7,761,000 for the purposes for which the appropriation is made. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (ek), the dollar amount for fiscal year 2022-23 is increased by $7,761,000 for the purposes for which the appropriation is made.

AB1140,68,24 (3) Investigator and attorney positions. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (1) (a), the dollar amount for fiscal year 2021-22 is increased by $483,600 to increase the authorized FTE positions for the the department of justice by 2.0 GPR investigator positions in the division of criminal investigation for investigators and 2.0 GPR attorney positions for assistant attorneys general. The investigator and attorney positions authorized under this subsection shall handle cases primarily involving felony violations subject to s. 939.63, if a felony is committed while armed, and under s. 940.01 to 940.03, 940.05, 940.06, 940.225, 943.23 (1g), and 943.32 (2). In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (1) (a), the dollar amount for fiscal year 2022-23 is increased by $483,600 to fund the positions authorized under this subsection.

AB1140,69,8 (4) Task Force on Missing and Murdered Indigenous Women. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (1) (a), the dollar amount for fiscal year 2021-22 is increased by $131,200 to increase the authorized FTE positions for the department of justice by 2.0 GPR positions for the purpose of assisting the Task Force on Missing and Murdered Indigenous Women. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (1) (a), the dollar amount for fiscal year 2022-23 is increased by $131,200 to fund the positions authorized under this subsection.

AB1140,69,16 (5) Law enforcement officer training and wellness. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a), the dollar amount for fiscal year 2021-22 is increased by $131,600 to increase the authorized FTE positions for the department by 2.0 GPR positions for law enforcement officer training and wellness initiatives. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a), the dollar amount for fiscal year 2022-23 is increased by $131,600 to provide funding for the positions authorized under this subsection.