February 5, 2025 - Introduced by Senators James and Tomczyk, cosponsored by Representatives Goeben, Armstrong, Murphy, Dittrich, Nedweski, B. Jacobson, Callahan, Brill, Allen, Subeck, Wichgers, Mursau and Behnke. Referred to Committee on Judiciary and Public Safety.
SB17,1,3
1An Act to amend 940.203 (2) (intro.), (a) and (b) of the statutes; relating to:
2special circumstances battery to a community service officer and providing a
3penalty. Analysis by the Legislative Reference Bureau
Under current law, a person who intentionally causes bodily harm to another person commits the crime of simple battery and is guilty of a Class A misdemeanor. Current law provides greater penalties for special circumstances battery, which is defined as intentionally causing or threatening to cause bodily harm to certain persons. For example, under current law, a person who intentionally causes or threatens to cause bodily harm to a law enforcement officer in response to an action that officer took in an official capacity is guilty of a Class H felony. The bill adds a community service officer so to make it a Class H felony to cause or threaten to cause bodily harm to a community service officer in response to an action the CSO took in an official capacity.
Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB17,1
1Section 1. 940.203 (2) (intro.), (a) and (b) of the statutes are amended to 2read: SB17,2,63940.203 (2) (intro.) Whoever intentionally causes bodily harm or threatens to 4cause bodily harm to the person or family member of any judge, prosecutor, or law 5enforcement officer, or community service officer under all of the following 6circumstances is guilty of a Class H felony: SB17,2,107(a) At the time of the act or threat, the actor knows or should have known that 8the victim is a judge, prosecutor, or law enforcement officer, or community service 9officer or a member of the judge’s, prosecutor’s, or law enforcement officer’s, or 10community service officer’s family. SB17,2,1211(b) The act or threat is in response to any action taken by a judge, prosecutor, 12or law enforcement officer, or community service officer in an official capacity.
