SB1091: Bill Text

SB1091,48,22 940.41 (1d) “Family member” means a spouse, child, stepchild, foster child, parent, sibling, or grandchild.

SB1091,112 Section 112. 940.42 of the statutes is repealed.

SB1091,113 Section 113. 940.43 (title) of the statutes is amended to read:

SB1091,48,25 940.43 (title) Intimidation of witnesses ; felony.

SB1091,114 Section 114. 940.43 of the statutes is renumbered 940.43 (2m), and 940.43 (2m) (intro.), (b), (c) and (e), as renumbered, are amended to read:

SB1091,49,4 940.43 (2m) (intro.) Whoever violates s. 940.42 sub. (1m) under any of the following circumstances is guilty of a Class G felony:

SB1091,49,6 (b) Where the act is accompanied by injury or damage to the real or personal property of any person covered under sub. (1) par. (a).

SB1091,49,8 (c) Where the act is accompanied by any express or implied threat of force, violence, injury or damage described in sub. (1) or (2) par. (a) or (b).

SB1091,49,13 (e) Where the act is committed by any person who has suffered any prior conviction for any violation under this section, s. 943.30, 1979 stats., ss. s. 940.42 to 940.45, 2019 stats., s. 940.44, or any federal statute or statute of any other state which, if the act prosecuted was committed in this state, would be a violation under ss. 940.42 to 940.45 this section or s. 940.44.

SB1091,115 Section 115. 940.43 (1m) of the statutes is created to read:

SB1091,49,17 940.43 (1m) Whoever knowingly uses intimidation against, threatens, or corruptly persuades another person or engages in misleading conduct toward another person with intent to do any of the following is guilty of a Class H felony:

SB1091,49,19 (a) Influence, dissuade, delay, or prevent the testimony of any person at any trial, proceeding, or inquiry authorized by law.

SB1091,49,20 (b) Cause or induce any person to do any of the following:

SB1091,49,22 1. Withhold testimony or a record, document, or other object from any trial, proceeding, or inquiry authorized by law.

SB1091,49,25 2. Alter, destroy, mutilate, or conceal any record, document, or other object with intent to impair its integrity or availability for use in any trial, proceeding, or inquiry authorized by law.

SB1091,50,3 3. Evade legal process summoning the person as a witness or to produce a record, document, or other object in any trial, proceeding, or inquiry authorized by law.

SB1091,50,5 4. Be absent from any trial, proceeding, or inquiry authorized by law to which the person has been summoned by legal process.

SB1091,50,8 (c) Hinder, delay, or prevent the communication of information relating to the commission or possible commission of a violation of the criminal code to a law enforcement officer, public officer, or public employee.

SB1091,116 Section 116. 940.44 (title) of the statutes is amended to read:

SB1091,50,10 940.44 (title) Intimidation of victims ; misdemeanor.

SB1091,117 Section 117. 940.44 of the statutes is renumbered 940.44 (1m), and 940.44 (1m) (intro.), as renumbered, is amended to read:

SB1091,50,17 940.44 (1m) (intro.) Except as provided in s. 940.45, whoever Whoever knowingly and maliciously prevents or dissuades, or who attempts to so prevent or dissuade, another person who has been the victim of any crime or who is acting on behalf of the victim from doing any of the following is guilty of a Class A misdemeanor H felony:

SB1091,118 Section 118. 940.45 (title) of the statutes is repealed.

SB1091,119 Section 119. 940.45 of the statutes is renumbered 940.44 (2m), and 940.44 (2m) (intro.), (b), (c) and (e), as renumbered, are amended to read:

SB1091,50,22 940.44 (2m) (intro.) Whoever violates s. 940.44 sub. (1m) under any of the following circumstances is guilty of a Class G felony:

SB1091,50,24 (b) Where the act is accompanied by injury or damage to the real or personal property of any person covered under sub. (1) par. (a).

SB1091,51,2 (c) Where the act is accompanied by any express or implied threat of force, violence, injury or damage described in sub. (1) or (2) par. (a) or (b).

SB1091,51,7 (e) Where the act is committed by any person who has suffered any prior conviction for any violation under this section, s. 943.30, 1979 stats., ss. s. 940.42 to 940.45, 2019 stats., s. 940.43, or any federal statute or statute of any other state which, if the act prosecuted was committed in this state, would be a violation under ss. 940.42 to 940.45 this section or s. 940.43.

SB1091,120 Section 120. 940.46 of the statutes is amended to read:

SB1091,51,13 940.46 Attempt prosecuted as completed act. Whoever attempts the commission of any act prohibited under ss. 940.42 to 940.45 s. 940.43 or 940.44 is guilty of the offense attempted without regard to the success or failure of the attempt. The fact that no person was injured physically or in fact intimidated is not a defense against any prosecution under ss. 940.42 to 940.45 s. 940.43 or 940.44.

SB1091,121 Section 121. 940.47 (1) of the statutes is amended to read:

SB1091,51,16 940.47 (1) An order that a defendant not violate ss. 940.42 to 940.45 s. 940.43 or 940.44.

SB1091,122 Section 122. 940.47 (2) of the statutes is amended to read:

SB1091,51,20 940.47 (2) An order that a person before the court other than a defendant, including, but not limited to, a subpoenaed witness or other person entering the courtroom of the court, not violate ss. 940.42 to 940.45 s. 940.43 or 940.44.

SB1091,123 Section 123. 940.48 (1) of the statutes is amended to read:

SB1091,51,23 940.48 (1) If applicable, the person may be prosecuted under ss. 940.42 to 940.45 s. 940.43 or 940.44.

SB1091,124 Section 124. 940.48 (2) (intro.), (a) and (b) of the statutes are consolidated, renumbered 940.48 (2) and amended to read:

SB1091,52,7 940.48 (2) As a contempt of court under ch. 785. A finding of contempt is not a bar to prosecution under ss. 940.42 to 940.45, but: (a) Any s. 940.43 or 940.44. However, any person who commits a contempt of court is entitled to credit for any punishment imposed therefor against any sentence imposed on conviction under ss. 940.42 to 940.45; s. 940.43 or 940.44, and (b) Any any conviction or acquittal for any a substantive offense under ss. 940.42 to 940.45 s. 940.43 or 940.44 is a bar to subsequent punishment for contempt arising out of the same act.

SB1091,125 Section 125. 940.49 of the statutes is amended to read:

SB1091,52,14 940.49 Pretrial release. Any pretrial release of any defendant whether on bail or under any other form of recognizance shall be deemed to include a condition that the defendant neither do, nor cause to be done, nor permit to be done on his or her behalf, any act proscribed by ss. 940.42 to 940.45 s. 940.43 or 940.44 and any willful violation of the condition is subject to punishment as prescribed in s. 940.48 (3) whether or not the defendant was the subject of an order under s. 940.47.

SB1091,126 Section 126 . 941.237 (1) (d) of the statutes is amended to read:

SB1091,52,19 941.237 (1) (d) “Handgun" has the meaning given in s. 175.35 (1) (b) means any weapon designed or redesigned, or made or remade, and intended to be fired while held in one hand and to use the energy of an explosive to expel a projectile through a smooth or rifled bore.

SB1091,127 Section 127. 941.29 (1g) (a) of the statutes, as affected by 2021 Wisconsin Act 76, is amended to read:

SB1091,53,5 941.29 (1g) (a) “Violent felony" means any felony under s. 943.23 (1m), 1999 stats., or s. 943.23 (1r), 1999 stats., this section, 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, 941.2905, 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.

SB1091,128 Section 128. 941.29 (1g) (b) of the statutes is amended to read:

SB1091,53,11 941.29 (1g) (b) “Violent misdemeanor" means a violation of s. 940.42, 2019 stats., s. 940.44, 2019 stats., or s. 813.12, 813.122, 813.125, 940.19 (1), 940.195, 940.42, 940.44, 941.20 (1), 941.26, 941.38 (3), 941.39, 947.013, 948.55, 951.02, 951.08, 951.09, or 951.095 or a violation to which a penalty specified in s. 939.63 (1) is applied.

SB1091,129 Section 129. 941.29 (1m) (intro.) of the statutes is amended to read:

SB1091,53,15 941.29 (1m) (intro.) A person who possesses a firearm is guilty of a Class G felony for a first offense and a Class F felony for a 2nd or subsequent offense, if any of the following applies:

SB1091,130 Section 130. 941.29 (1m) (dm), (dn) and (do) of the statutes are created to read:

SB1091,53,18 941.29 (1m) (dm) The person has been convicted of a misdemeanor under s. 175.33 (2), unless at least 2 years have passed since the conviction.

SB1091,53,20 (dn) The person has been adjudicated delinquent for a violation under s. 175.33 (2), unless at least 2 years have passed since the adjudication.

SB1091,53,23 (do) The person has been found not guilty of a misdemeanor under s. 175.33 (2) by reason of mental disease or defect, unless at least 2 years have passed since the finding.

SB1091,131 Section 131. 941.29 (1m) (f) of the statutes is amended to read:

SB1091,54,7 941.29 (1m) (f) The person is subject to an injunction issued under s. 813.12 or 813.122, a temporary restraining order or an injunction issued under s. 813.124, or under a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under this section and that has been filed under s. 813.128 (3g).

SB1091,132 Section 132. 941.2905 (1) of the statutes is renumbered 941.2905 (1) (intro.) and amended to read:

SB1091,54,12 941.2905 (1) (intro.) Whoever intentionally furnishes, purchases, or possesses a firearm for a person, knowing that the person is prohibited from possessing a firearm under s. 941.29 (1m), is guilty of a one of the following:

SB1091,54,13 (a) Except as provided in par. (b), a Class G felony.

SB1091,133 Section 133. 941.2905 (1) (b) of the statutes is created to read:

SB1091,54,15 941.2905 (1) (b) For a 2nd or subsequent offense, a Class F felony.

SB1091,134 Section 134. 941.291 (1) (b) of the statutes, as affected by 2021 Wisconsin Act 76, is amended to read:

SB1091,55,4 941.291 (1) (b) “Violent felony" means any felony, or the solicitation, conspiracy, or attempt to commit any felony, under s. 943.23 (1m) or (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, 940.285 (2), 940.29, 940.295 (3), 940.30, 940.305, 940.31, 940.43 (1) to (3), 940.45 (1) to (3) (1m), (2m) (a) to (c), or (3m), 940.44 (1m) or (2m) (a) to (c), 941.20, 941.26, 941.28, 941.29, 941.293, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), 943.32, 943.81, 943.82, 943.83, 943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07, 948.08, 948.085, or 948.30; or, if the victim is a financial institution, as defined in s. 943.80 (2), a felony, or the solicitation, conspiracy, or attempt to commit a felony under s. 943.84 (1) or (2).

SB1091,135 Section 135. 941.293 of the statutes is created to read:

SB1091,55,7 941.293 Undetectable firearms; serial numbers on firearm components. (1) In this section:

SB1091,55,9 (a) “Major component” means the barrel, the slide or cylinder, or the frame or receiver of a firearm.

SB1091,55,10 (b) “Undetectable firearm” means any of the following:

SB1091,55,13 1. A firearm that, after the removal of grips, stocks, and magazines, is not detectable by a metal detector calibrated to detect the security exemplar, as defined in 18 USC 922 (p) (2) (C).

SB1091,55,16 2. A firearm if any major component of it does not generate an image that accurately depicts the shape of the component when subject to inspection by security scanners, x-ray machines, or other security devices commonly used at airports.

SB1091,55,18 (2) (a) 1. Whoever sells, offers to sell, transfers, transports, manufactures, possesses, or goes armed with an undetectable firearm is guilty of a Class G felony.

SB1091,55,21 2. Whoever sells, offers to sell, transfers, posts, provides to another, or possesses plans for manufacturing an undetectable firearm is guilty of a Class H felony.

SB1091,55,25 (b) Paragraph (a) does not apply to a person who is licensed to manufacture undetectable firearms while the person is on official duty. Paragraph (a) 1. does not apply to a law enforcement officer while on official duty or to armed forces or national guard personnel while on official duty.

SB1091,56,3 (3) (a) Whoever possesses a frame or a receiver of a firearm that is not attached to a firearm and that is not marked or engraved with a serial number is guilty of a Class I felony.

SB1091,56,7 (b) Paragraph (a) does not apply to a firearm frame or receiver manufactured before 1968, a person who is licensed to manufacture undetectable firearms while the person is on official duty, a law enforcement officer while on official duty, or armed forces or national guard personnel while on official duty.

SB1091,136 Section 136 . 941.296 (1) (b) of the statutes is amended to read:

SB1091,56,10 941.296 (1) (b) “Handgun" has the meaning given in s. 175.35 (1) (b) 941.237 (1) (d).

SB1091,137 Section 137. 941.38 (1) (b) 5m. of the statutes is amended to read:

SB1091,56,13 941.38 (1) (b) 5m. Battery or threat to witness a juror, as prohibited in s. 940.201 940.202.

SB1091,138 Section 138. 941.38 (1) (b) 11. of the statutes is amended to read:

SB1091,56,15 941.38 (1) (b) 11. Intimidation of witnesses, as prohibited in s. 940.42 or 940.43.

SB1091,139 Section 139. 941.38 (1) (b) 12. of the statutes is amended to read:

SB1091,56,17 941.38 (1) (b) 12. Intimidation of victims, as prohibited in s. 940.44 or 940.45.

SB1091,140 Section 140 . 943.20 (1) (f) of the statutes is created to read:

SB1091,56,21 943.20 (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.

SB1091,141 Section 141. 946.60 of the statutes is repealed.

SB1091,142 Section 142. 946.61 of the statutes is repealed.

SB1091,143 Section 143. 946.65 of the statutes is repealed and recreated to read:

SB1091,57,1 946.65 Obstructing justice. (1m) In this section:

SB1091,57,4 (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.

SB1091,57,10 (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.

SB1091,57,11 (2m) Whoever does any of the following is guilty of a Class H felony: