AB1192: Bill Text

AB1192,,363 (b) “Undetectable firearm” means any of the following:

AB1192,,364 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).

AB1192,,365 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.

AB1192,,366 (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.

AB1192,,367 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.

AB1192,,368 (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.

AB1192,,369 (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.

AB1192,,370 (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.

AB1192,136 Section 136. 941.296 (1) (b) of the statutes is amended to read:

AB1192,,372 941.296 (1) (b) “Handgun” has the meaning given in s. 175.35 (1) (b) 941.237 (1) (d).

AB1192,137 Section 137. 941.38 (1) (b) 5m. of the statutes is amended to read:

AB1192,,374 941.38 (1) (b) 5m. Battery or threat to witness a juror, as prohibited in s. 940.201 940.202.

AB1192,138 Section 138. 941.38 (1) (b) 11. of the statutes is amended to read:

AB1192,,376 941.38 (1) (b) 11. Intimidation of witnesses, as prohibited in s. 940.42 or 940.43.

AB1192,139 Section 139. 941.38 (1) (b) 12. of the statutes is amended to read:

AB1192,,378 941.38 (1) (b) 12. Intimidation of victims, as prohibited in s. 940.44 or 940.45.

AB1192,140 Section 140. 943.20 (1) (f) of the statutes is created to read:

AB1192,,380 943.20 (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.

AB1192,141 Section 141. 946.60 of the statutes is repealed.

AB1192,142 Section 142. 946.61 of the statutes is repealed.

AB1192,143 Section 143. 946.65 of the statutes is repealed and recreated to read:

AB1192,,384 946.65 Obstructing justice. (1m) In this section:

AB1192,,385 (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.

AB1192,,386 (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.

AB1192,,387 (2m) Whoever does any of the following is guilty of a Class H felony:

AB1192,,388 (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.

AB1192,,389 (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.

AB1192,,390 (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.

AB1192,,391 (d) Intentionally prevents or obstructs the communication of information relating to a crime to a criminal investigator.

AB1192,,392 (e) Attempts to commit any of the acts described in pars. (a) to (d).

AB1192,,393 (f) Knowingly alters, destroys, mutilates, conceals, covers up, or falsifies any record, document, or tangible object with the intent to impede, obstruct, or influence an investigation or proper administration of any matter within the jurisdiction of any department, agency, or political subdivision of the state.

AB1192,,394 (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.

AB1192,144 Section 144. 946.82 (4) of the statutes, as affected by 2023 Wisconsin Act 73, is amended to read:

AB1192,,396 946.82 (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 (2) and (3), 943.231 (1), 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.

AB1192,145 Section 145. 947.01 (1) of the statutes is renumbered 947.01 (1) (intro.) and amended to read:

AB1192,,398 947.01 (1) (intro.) Whoever, in a public or private place, engages in violent, abusive any of the following is guilty of a Class B misdemeanor:

AB1192,,399 (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.

AB1192,146 Section 146. 947.01 (1) (a) of the statutes is created to read:

AB1192,,401 947.01 (1) (a) Violent behavior that involves the use or attempted use of physical force or the use or threat to use a dangerous weapon.

AB1192,147 Section 147. 949.03 (2) of the statutes, as affected by 2023 Wisconsin Act 10, is amended to read:

AB1192,,403 949.03 (2) 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, 940.204, 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, 943.231 (1), 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.

AB1192,148 Section 148. 961.472 (5) (b) of the statutes is amended to read:

AB1192,,405 961.472 (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).

AB1192,149 Section 149. 967.11 (1) of the statutes is amended to read:

AB1192,,407 967.11 (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).

AB1192,150 Section 150. 967.11 (2) of the statutes is amended to read:

AB1192,,409 967.11 (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.

AB1192,151 Section 151. 968.075 (1) (a) (intro.) of the statutes is amended to read:

AB1192,,411 968.075 (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:

AB1192,152 Section 152. 968.075 (1) (f) of the statutes is created to read:

AB1192,,413 968.075 (1) (f) “Relative” means any of the following:

AB1192,,414 1. Spouse or former spouse.

AB1192,,415 2. A parent or stepparent.

AB1192,,416 3. A legal guardian.

AB1192,,417 4. A person with whom the adult person has a child in common.

AB1192,,418 5. A person with whom the adult person is cohabiting or has cohabited as a spouse, a parent, or a legal guardian.

AB1192,,419 6. A person who is similarly situated to the adult person as a spouse, a parent, or a legal guardian.

AB1192,,420 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.

AB1192,153 Section 153. 968.20 (3) (b) of the statutes is amended to read:

AB1192,,422 968.20 (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.

AB1192,154 Section 154. 968.26 (1b) (a) 2. a. of the statutes is amended to read:

AB1192,,424 968.26 (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, 940.204, 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).

AB1192,155 Section 155. 969.001 (3) (a) of the statutes, as affected by 2023 Wisconsin Act 10, is amended to read:

AB1192,,426 969.001 (3) (a) A crime specified under s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.09 (1), 940.10, 940.11, 940.12, 940.19 (1), (2), (4), (5), or (6), 940.195 (1), (2), (4), (5), or (6), 940.198 (2) or (3), 940.20, 940.201 (2), 940.203 (2), 940.204, 940.205 (2), 940.207 (2), 940.208, 940.21, 940.225 (1), (2), or (3), 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, 940.45, (3m), 940.44 (2m), 941.20, 941.21, 941.28, 941.2905, 941.292, 941.30, 941.327, 941.38 (2) or (3), 941.39, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.04, 943.06, 943.10, 943.231 (1) or (2), 943.30, 943.32, 943.87, 946.43, 947.013, 947.015, 948.02 (1) or (2), 948.025, 948.03 (2), (3), or (5), 948.04, 948.05, 948.051, 948.055, 948.06, 948.07, 948.08, 948.085, 948.095, 948.30 (2), 948.55, 951.02, 951.08, or 951.09.

AB1192,156 Section 156. 969.08 (10) (b) of the statutes, as affected by 2023 Wisconsin Act 10, is amended to read:

AB1192,,428 969.08 (10) (b) “Serious crime” means any crime specified in s. 943.23 (1m), 1999 stats., s. 943.23 (1r), 1999 stats., or s. 943.23 (1g), 2021 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, 940.204, 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, 943.231 (1), 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).

AB1192,157 Section 157. 969.15 of the statutes is created to read:

AB1192,,430 969.15 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:

AB1192,,431 (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.

AB1192,,432 (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 canceling 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.

AB1192,,433 (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.

AB1192,158 Section 158. 971.17 (1g) of the statutes is amended to read:

AB1192,,435 971.17 (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.

AB1192,159 Section 159. 971.37 (1m) (a) 2. of the statutes is amended to read:

AB1192,,437 971.37 (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.

AB1192,160 Section 160. 973.017 (3) (f) of the statutes is created to read:

AB1192,,439 973.017 (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:

AB1192,,440 1. A juror, as defined in s. 940.202 (1) (b), or a family member, as defined in s. 940.202 (1) (a), of a juror.

AB1192,,441 2. A witness, as defined in s. 940.41 (3), or a family member, as defined in s. 940.41 (1d), of a witness.

AB1192,,442 3. A victim, as defined in s. 940.41 (2), or a family member, as defined in s. 940.41 (1d), of a victim.

AB1192,161 Section 161. 973.055 (1) (a) 1. of the statutes is amended to read:

AB1192,,444 973.055 (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

AB1192,162 Section 162. 973.123 (1) of the statutes, as affected by 2023 Wisconsin Act 10, is amended to read:

AB1192,,446 973.123 (1) In this section, “violent felony” means any felony under s. 943.23 (1m), 1999 stats., s. 943.23 (1r), 1999 stats., or s. 943.23 (1g), 2021 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, 940.204, 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), 943.231 (1), 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.

AB1192,163 Section 163. 973.155 (1m) of the statutes is amended to read:

AB1192,,448 973.155 (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.

AB1192,164 Section 164. 973.176 (1) of the statutes is amended to read:

AB1192,,450 973.176 (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).

AB1192,165 Section 165. Nonstatutory provisions.