SB1091: Bill Text

SB1091,94 Section 94. 939.22 (21) (k) of the statutes is amended to read:

SB1091,45,22 939.22 (21) (k) Intimidation of witnesses, as prohibited in s. 940.42 or 940.43.

SB1091,95 Section 95. 939.22 (21) (L) of the statutes is amended to read:

SB1091,45,24 939.22 (21) (L) Intimidation of victims, as prohibited in s. 940.44 or 940.45.

SB1091,96 Section 96. 939.31 of the statutes is amended to read:

SB1091,46,7 939.31 Conspiracy. Except as provided in ss. 940.43 (4), 940.45 (4) (2m) (d), 940.44 (2m) (d), and 961.41 (1x), whoever, with intent that a crime be committed, agrees or combines with another for the purpose of committing that crime may, if one or more of the parties to the conspiracy does an act to effect its object, be fined or imprisoned or both not to exceed the maximum provided for the completed crime; except that for a conspiracy to commit a crime for which the penalty is life imprisonment, the actor is guilty of a Class B felony.

SB1091,97 Section 97. 939.32 (1) (c) of the statutes is amended to read:

SB1091,46,11 939.32 (1) (c) Whoever attempts to commit a crime under ss. 940.42 to 940.45 s. 940.43 or 940.44 is subject to the penalty for the completed act, as provided in s. 940.46.

SB1091,98 Section 98. 939.6195 (1) (a) 1. of the statutes is amended to read:

SB1091,46,13 939.6195 (1) (a) 1. A violation of s. 941.29 or, 941.2905, or 941.293.

SB1091,99 Section 99. 939.632 (1) (e) 1. of the statutes, as affected by 2021 Wisconsin Act 76, is amended to read:

SB1091,46,21 939.632 (1) (e) 1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09 (1c), 940.19 (2), (4) or (5), 940.198 (2) (a) or (c), 940.21, 940.225 (1), (2) or (3), 940.235, 940.305, 940.31, 940.43, 940.44, 941.20, 941.21, 943.02, 943.06, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.07, 948.08, 948.085, or 948.30 (2) or under s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.

SB1091,100 Section 100. 939.632 (1) (e) 3. of the statutes is amended to read:

SB1091,46,24 939.632 (1) (e) 3. Any misdemeanor under s. 940.19 (1), 940.225 (3m), 940.32 (2), 940.42, 940.44, 941.20 (1), 941.23, 941.231, 941.235, or 941.38 (3).

SB1091,101 Section 101. 939.74 (2d) (b) of the statutes is created to read:

SB1091,47,6 939.74 (2d) (b) Notwithstanding that the applicable time limitation under sub. (1) or (2) has expired, if a deoxyribonucleic acid profile implicates a known person in the commission of a felony, the state may commence prosecution of that person for the felony or a crime that is related to the felony for a period of time following the implication of the person in the felony that is equal to the applicable time limitation under sub. (1) or (2).

SB1091,102 Section 102. 939.74 (2d) (c) of the statutes is repealed.

SB1091,103 Section 103. 939.74 (2d) (e) of the statutes is repealed.

SB1091,104 Section 104. 940.03 of the statutes is amended to read:

SB1091,47,15 940.03 Felony murder. Whoever causes the death of another human being while committing or attempting to commit a crime specified in s. 940.19, 940.195, 940.20, 940.201 940.202, 940.203, 940.225 (1) or (2) (a), 940.30, 940.31, 940.43 (3m), 943.02, 943.10 (2), 943.23 (1g), or 943.32 (2) may be imprisoned for not more than 15 years in excess of the maximum term of imprisonment provided by law for that crime or attempt.

SB1091,105 Section 105. 940.20 (3) (title) of the statutes is renumbered 940.202 (title) and amended to read:

SB1091,47,18 940.202 (title) Battery or threat to jurors.

SB1091,106 Section 106. 940.20 (3) of the statutes is renumbered 940.202 (2) and amended to read:

SB1091,47,25 940.202 (2) Whoever intentionally causes bodily harm or threatens to cause bodily harm to a person who he or she knows or has reason to know is or was a grand or petit juror, and by reason of any verdict or indictment assented to by the person the person's service as a juror, without the consent of the person injured, harmed or threatened is guilty of a Class H felony.

SB1091,107 Section 107. 940.201 (title) and (1) of the statutes are repealed.

SB1091,108 Section 108. 940.201 (2) of the statutes is renumbered 940.43 (3m), and 940.43 (3m) (intro.), as renumbered, is amended to read:

SB1091,48,5 940.43 (3m) (intro.) Whoever does any of the following is guilty of a Class H G felony:

SB1091,109 Section 109. 940.202 (1) and (3) of the statutes are created to read:

SB1091,48,7 940.202 (1) In this section:

SB1091,48,9 (a) “Family member” means a spouse, child, stepchild, foster child, parent, sibling, or grandchild.

SB1091,48,12 (b) “Juror” means a person who is or was a grand or petit juror or is a prospective grand or petit juror who has received a summons to appear for jury service.

SB1091,48,17 (3) Whoever intentionally causes bodily harm or threatens to cause bodily harm to a person who he or she knows or has reason to know is a family member of a juror or is sharing a common domicile with a juror, for a reason related to the juror's service as a juror, without the consent of the person harmed or threatened is guilty of a Class H felony.

SB1091,110 Section 110. 940.41 (intro.) of the statutes is amended to read:

SB1091,48,19 940.41 Definitions. (intro.) In ss. 940.42 940.43 to 940.49:

SB1091,111 Section 111. 940.41 (1d) of the statutes is created to read:

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).