SB1094: Bill Text

SB1094,,244 1. If a temporary restraining order was issued, that the temporary restraining order has expired and no injunction has been issued.

SB1094,,245 2. If an injunction was issued, that the injunction has been vacated or has expired and not been extended.

SB1094,,246 3. That the person is not prohibited from possessing a firearm under any state or federal law or by the order of any federal court or state court, other than an order from which the judge or circuit court commissioner is competent to grant relief. The judge or commissioner shall use the information provided under s. 165.63 to aid in making the determination under this subdivision.

SB1094,,247 (b) If a respondent surrenders under this section a firearm that is owned by a person other than the respondent, the person who owns the firearm may apply for its return to the circuit court for the county in which the person to whom the firearm was surrendered is located. The court shall order such notice as it considers adequate to be given to all persons who have or may have an interest in the firearm and shall hold a hearing to hear all claims to its true ownership. If the right to possession is proved to the court’s satisfaction, it shall order the firearm returned. If the court returns a firearm under this paragraph, the court shall inform the person to whom the firearm is returned of the requirements and penalties under s. 941.2905.

SB1094,,248 (c) The director of state courts shall develop a petition for the return of firearms form that is substantially the same as the form under s. 813.1285 (5) (b).

SB1094,,249 (8) Notice of full faith and credit. A temporary restraining order issued under sub. (2t) and an injunction issued under sub. (3) shall include a statement that the order or injunction may be accorded full faith and credit in every civil or criminal court of the United States, civil or criminal courts of any other state, and Indian tribal courts to the extent that such courts may have personal jurisdiction over nontribal members.

SB1094,87 Section 87. 813.126 (1) of the statutes is amended to read:

SB1094,,251 813.126 (1) Time limits for de novo hearing. If a party seeks to have the judge conduct a hearing de novo under s. 757.69 (8) of a determination, order, or ruling entered by a court commissioner in an action under s. 813.12, 813.122, 813.123, 813.124, or 813.125, including a denial of a request for a temporary restraining order, the motion requesting the hearing must be filed with the court within 30 days after the circuit court commissioner issued the determination, order, or ruling. The court shall hold the de novo hearing within 30 days after the motion requesting the hearing is filed with the court unless the court finds good cause for an extension. Any determination, order, or ruling entered by a court commissioner in an action under s. 813.12, 813.122, 813.123, 813.124, or 813.125 remains in effect until the judge in the de novo hearing issues his or her final determination, order, or ruling.

SB1094,88 Section 88. 813.127 of the statutes is amended to read:

SB1094,,253 813.127 Combined actions; domestic abuse, child abuse, extreme risk protection, and harassment. A petitioner may combine in one action 2 or more petitions under one or more of the provisions in ss. 813.12, 813.122, 813.124, and 813.125 if the respondent is the same person in each petition. In any such action, there is only one fee applicable under s. 814.61 (1) (a). In any such action, the hearings for different types of temporary restraining orders or injunctions may be combined.

SB1094,89 Section 89. 813.128 (2g) (b) of the statutes is amended to read:

SB1094,,255 813.128 (2g) (b) A foreign protection order or modification of the foreign protection order that meets the requirements under this section has the same effect as an order issued under s. 813.12, 813.122, 813.123, 813.124, or 813.125, except that the foreign protection order or modification shall be enforced according to its own terms.

SB1094,90 Section 90. 938.208 (1) (b) of the statutes is amended to read:

SB1094,,257 938.208 (1) (b) Probable cause exists to believe that the juvenile possessed, used or threatened to use a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), short-barreled rifle, as defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c), while committing a delinquent act that would be a felony under ch. 940 if committed by an adult.

SB1094,91 Section 91. 938.34 (4m) (b) 2. of the statutes is amended to read:

SB1094,,259 938.34 (4m) (b) 2. The juvenile has possessed, used or threatened to use a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), short-barreled rifle, as defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c), while committing a delinquent act that would be a felony under ch. 940 if committed by an adult.

SB1094,92 Section 92. 938.341 of the statutes is amended to read:

SB1094,,261 938.341 Delinquency adjudication; restriction on firearm possession. Whenever a court adjudicates a juvenile delinquent for an act that if committed by an adult in this state would be a felony or for a violation under s. 175.33 (2), the court shall inform the juvenile of the requirements and penalties under s. 941.29.

SB1094,93 Section 93. 939.22 (21) (em) of the statutes is amended to read:

SB1094,,263 939.22 (21) (em) Battery or threat to witness a juror, as prohibited in s. 940.201 940.202.

SB1094,94 Section 94. 939.22 (21) (k) of the statutes is amended to read:

SB1094,,265 939.22 (21) (k) Intimidation of witnesses, as prohibited in s. 940.42 or 940.43.

SB1094,95 Section 95. 939.22 (21) (L) of the statutes is amended to read:

SB1094,,267 939.22 (21) (L) Intimidation of victims, as prohibited in s. 940.44 or 940.45.

SB1094,96 Section 96. 939.31 of the statutes is amended to read:

SB1094,,269 939.31 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.

SB1094,97 Section 97. 939.32 (1) (c) of the statutes is amended to read:

SB1094,,271 939.32 (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.

SB1094,98 Section 98. 939.6195 (1) (a) 1. of the statutes is amended to read:

SB1094,,273 939.6195 (1) (a) 1. A violation of s. 941.29 or, 941.2905, or 941.293.

SB1094,99 Section 99. 939.632 (1) (e) 1. of the statutes, as affected by 2023 Wisconsin Act 10, is amended to read:

SB1094,,275 939.632 (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), 943.231 (1), 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.

SB1094,100 Section 100. 939.632 (1) (e) 3. of the statutes is amended to read:

SB1094,,277 939.632 (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).

SB1094,101 Section 101. 939.74 (2d) (b) of the statutes is created to read:

SB1094,,279 939.74 (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).

SB1094,102 Section 102. 939.74 (2d) (c) of the statutes is repealed.

SB1094,103 Section 103. 939.74 (2d) (e) of the statutes is repealed.

SB1094,104 Section 104. 940.03 of the statutes, as affected by 2023 Wisconsin Act 10, is amended to read:

SB1094,,283 940.03 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, 940.204, 940.225 (1) or (2) (a), 940.30, 940.31, 940.43 (3m), 943.02, 943.10 (2), 943.231 (1), 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.

SB1094,105 Section 105. 940.20 (3) (title) of the statutes is renumbered 940.202 (title) and amended to read:

SB1094,,285 940.202 (title) Battery or threat to jurors.

SB1094,106 Section 106. 940.20 (3) of the statutes is renumbered 940.202 (2) and amended to read:

SB1094,,287 940.202 (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.

SB1094,107 Section 107. 940.201 (title) and (1) of the statutes are repealed.

SB1094,108 Section 108. 940.201 (2) of the statutes is renumbered 940.43 (3m), and 940.43 (3m) (intro.), as renumbered, is amended to read:

SB1094,,290 940.43 (3m) (intro.) Whoever does any of the following is guilty of a Class H G felony:

SB1094,109 Section 109. 940.202 (1) and (3) of the statutes are created to read:

SB1094,,292 940.202 (1) In this section:

SB1094,,293 (a) “Family member” means a spouse, child, stepchild, foster child, parent, sibling, or grandchild.

SB1094,,294 (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.

SB1094,,295 (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.

SB1094,110 Section 110. 940.41 (intro.) of the statutes is amended to read:

SB1094,,297 940.41 Definitions. (intro.) In ss. 940.42 940.43 to 940.49:

SB1094,111 Section 111. 940.41 (1d) of the statutes is created to read:

SB1094,,299 940.41 (1d) “Family member” means a spouse, child, stepchild, foster child, parent, sibling, or grandchild.

SB1094,112 Section 112. 940.42 of the statutes is repealed.

SB1094,113 Section 113. 940.43 (title) of the statutes is amended to read:

SB1094,,302 940.43 (title) Intimidation of witnesses; felony.

SB1094,114 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:

SB1094,,304 940.43 (2m) (intro.) Whoever violates s. 940.42 sub. (1m) under any of the following circumstances is guilty of a Class G felony:

SB1094,,305 (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).

SB1094,,306 (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).

SB1094,,307 (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, 2021 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.

SB1094,115 Section 115. 940.43 (1m) of the statutes is created to read:

SB1094,,309 940.43 (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:

SB1094,,310 (a) Influence, dissuade, delay, or prevent the testimony of any person at any trial, proceeding, or inquiry authorized by law.

SB1094,,311 (b) Cause or induce any person to do any of the following:

SB1094,,312 1. Withhold testimony or a record, document, or other object from any trial, proceeding, or inquiry authorized by law.

SB1094,,313 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.

SB1094,,314 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.

SB1094,,315 4. Be absent from any trial, proceeding, or inquiry authorized by law to which the person has been summoned by legal process.

SB1094,,316 (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.

SB1094,116 Section 116. 940.44 (title) of the statutes is amended to read:

SB1094,,318 940.44 (title) Intimidation of victims; misdemeanor.

SB1094,117 Section 117. 940.44 of the statutes is renumbered 940.44 (1m), and 940.44 (1m) (intro.), as renumbered, is amended to read:

SB1094,,320 940.44 (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:

SB1094,118 Section 118. 940.45 (title) of the statutes is repealed.

SB1094,119 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:

SB1094,,323 940.44 (2m) (intro.) Whoever violates s. 940.44 sub. (1m) under any of the following circumstances is guilty of a Class G felony:

SB1094,,324 (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).

SB1094,,325 (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).

SB1094,,326 (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, 2021 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.

SB1094,120 Section 120. 940.46 of the statutes is amended to read:

SB1094,,328 940.46 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.

SB1094,121 Section 121. 940.47 (1) of the statutes is amended to read:

SB1094,,330 940.47 (1) An order that a defendant not violate ss. 940.42 to 940.45 s. 940.43 or 940.44.

SB1094,122 Section 122. 940.47 (2) of the statutes is amended to read:

SB1094,,332 940.47 (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.