SB1091: Bill Text

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:

SB1091,57,15 (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.

SB1091,57,19 (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.

SB1091,57,24 (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.

SB1091,58,2 (d) Intentionally prevents or obstructs the communication of information relating to a crime to a criminal investigator.

SB1091,58,3 (e) Attempts to commit any of the acts described in pars. (a) to (d).

SB1091,58,7 (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.

SB1091,58,11 (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.

SB1091,144 Section 144. 946.82 (4) of the statutes is amended to read:

SB1091,59,3 946.82 (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.

SB1091,145 Section 145. 947.01 (1) of the statutes is renumbered 947.01 (1) (intro.) and amended to read:

SB1091,59,7 947.01 (1) (intro.) Whoever, in a public or private place, engages in violent, abusive any of the following is guilty of a Class B misdemeanor:

SB1091,59,10 (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.

SB1091,146 Section 146. 947.01 (1) (a) of the statutes is created to read:

SB1091,59,13 947.01 (1) (a) Violent behavior that involves the use or attempted use of physical force or the use or threat to use a dangerous weapon.

SB1091,147 Section 147. 949.03 (1) (b) of the statutes, as affected by 2021 Wisconsin Act 76, is amended to read:

SB1091,59,23 949.03 (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.

SB1091,148 Section 148 . 961.472 (5) (b) of the statutes is amended to read:

SB1091,60,3 961.472 (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).

SB1091,149 Section 149 . 967.11 (1) of the statutes is amended to read:

SB1091,60,7 967.11 (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).

SB1091,150 Section 150 . 967.11 (2) of the statutes is amended to read:

SB1091,60,14 967.11 (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.

SB1091,151 Section 151. 968.075 (1) (a) (intro.) of the statutes is amended to read:

SB1091,60,19 968.075 (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:

SB1091,152 Section 152. 968.075 (1) (f) of the statutes is created to read:

SB1091,60,21 968.075 (1) (f) “Relative” means any of the following:

SB1091,60,22 1. Spouse or former spouse.

SB1091,60,23 2. Parent or stepparent.

SB1091,60,24 3. Legal guardian.

SB1091,60,25 4. Person with whom the adult person has a child in common.

SB1091,61,2 5. Person with whom the adult person is cohabiting or has cohabited as a spouse, a parent, or a legal guardian.

SB1091,61,4 6. Person who is similarly situated to the adult person as a spouse, a parent, or a legal guardian.

SB1091,61,6 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.

SB1091,153 Section 153 . 968.20 (3) (b) of the statutes is amended to read:

SB1091,62,6 968.20 (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.

SB1091,154 Section 154. 968.26 (1b) (a) 2. a. of the statutes, as affected by 2021 Wisconsin Act 76, is amended to read:

SB1091,62,15 968.26 (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).