AB1140,116
9Section
116. 940.44 (title) of the statutes is amended to read:
AB1140,50,10
10940.44 (title)
Intimidation of victims
; misdemeanor.
AB1140,117
11Section
117. 940.44 of the statutes is renumbered 940.44 (1m), and 940.44
12(1m) (intro.), as renumbered, is amended to read:
AB1140,50,1713
940.44
(1m) (intro.)
Except as provided in s. 940.45, whoever Whoever 14knowingly and maliciously prevents or dissuades
, or who attempts to so prevent or
15dissuade, another person who has been the victim of any crime or who is acting on
16behalf of the victim from doing any of the following is guilty of a Class
A
17misdemeanor H felony:
AB1140,118
18Section
118. 940.45 (title) of the statutes is repealed.
AB1140,119
19Section
119. 940.45 of the statutes is renumbered 940.44 (2m), and 940.44
20(2m) (intro.), (b), (c) and (e), as renumbered, are amended to read:
AB1140,50,2221
940.44
(2m) (intro.) Whoever violates
s. 940.44 sub. (1m) under any of the
22following circumstances is guilty of a Class G felony:
AB1140,50,2423
(b) Where the act is accompanied by injury or damage to the real or personal
24property of any person covered under
sub. (1)
par. (a).
AB1140,51,2
1(c) Where the act is accompanied by any express or implied threat of force,
2violence, injury or damage described in
sub. (1) or (2) par. (a) or (b).
AB1140,51,73
(e) Where the act is committed by any person who has suffered any prior
4conviction for any violation under
this section, s. 943.30, 1979 stats.,
ss. s. 940.42
to
5940.45, 2019 stats., s. 940.43, or any federal statute or statute of any other state
6which, if the act prosecuted was committed in this state, would be a violation under
7ss. 940.42 to 940.45 this section or s. 940.43.
AB1140,120
8Section
120. 940.46 of the statutes is amended to read:
AB1140,51,13
9940.46 Attempt prosecuted as completed act. Whoever attempts the
10commission of any act prohibited under
ss. 940.42 to 940.45 s. 940.43 or 940.44 is
11guilty of the offense attempted without regard to the success or failure of the attempt.
12The fact that no person was injured physically or in fact intimidated is not a defense
13against any prosecution under
ss. 940.42 to 940.45
s. 940.43 or 940.44.
AB1140,121
14Section
121. 940.47 (1) of the statutes is amended to read:
AB1140,51,1615
940.47
(1) An order that a defendant not violate
ss. 940.42 to 940.45 s. 940.43
16or 940.44.
AB1140,122
17Section
122. 940.47 (2) of the statutes is amended to read:
AB1140,51,2018
940.47
(2) An order that a person before the court other than a defendant,
19including, but not limited to, a subpoenaed witness or other person entering the
20courtroom of the court, not violate
ss. 940.42 to 940.45 s. 940.43 or 940.44.
AB1140,123
21Section
123. 940.48 (1) of the statutes is amended to read:
AB1140,51,2322
940.48
(1) If applicable, the person may be prosecuted under
ss. 940.42 to
23940.45 s. 940.43 or 940.44.
AB1140,124
24Section
124. 940.48 (2) (intro.), (a) and (b) of the statutes are consolidated,
25renumbered 940.48 (2) and amended to read:
AB1140,52,7
1940.48
(2) As a contempt of court under ch. 785. A finding of contempt is not
2a bar to prosecution under
ss. 940.42 to 940.45, but: (a) Any s. 940.43 or 940.44.
3However, any person who commits a contempt of court is entitled to credit for any
4punishment imposed therefor against any sentence imposed on conviction under
ss.
5940.42 to 940.45; s. 940.43 or 940.44, and
(b) Any any conviction or acquittal for
any 6a substantive offense under
ss. 940.42 to 940.45 s. 940.43 or 940.44 is a bar to
7subsequent punishment for contempt arising out of the same act.
AB1140,125
8Section
125. 940.49 of the statutes is amended to read:
AB1140,52,14
9940.49 Pretrial release. Any pretrial release of any defendant whether on
10bail or under any other form of recognizance shall be deemed to include a condition
11that the defendant neither do, nor cause to be done, nor permit to be done on his or
12her behalf, any act proscribed by
ss. 940.42 to 940.45 s. 940.43 or 940.44 and any
13willful violation of the condition is subject to punishment as prescribed in s. 940.48
14(3) whether or not the defendant was the subject of an order under s. 940.47.
AB1140,126
15Section 126
. 941.237 (1) (d) of the statutes is amended to read:
AB1140,52,1916
941.237
(1) (d) “Handgun"
has the meaning given in s. 175.35 (1) (b) means any
17weapon designed or redesigned, or made or remade, and intended to be fired while
18held in one hand and to use the energy of an explosive to expel a projectile through
19a smooth or rifled bore.
AB1140,53,522
941.29
(1g) (a) “Violent felony" means any felony under s. 943.23 (1m), 1999
23stats., or s. 943.23 (1r), 1999 stats., this section, or s. 940.01, 940.02, 940.03, 940.05,
24940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.198, 940.20,
940.201, 940.202, 25940.203, 940.21, 940.225, 940.23, 940.235, 940.285 (2), 940.29, 940.295 (3), 940.30,
1940.302, 940.305, 940.31, 940.43
(1) to (3), 940.45 (1) to (3) (2m) (a) to (c) or (3m),
2940.44 (2m) (a) to (c), 941.20, 941.26, 941.28, 941.2905, 941.292, 941.30, 941.327 (2)
3(b) 3. or 4., 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), 943.32, 943.87, 946.43,
4948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 948.07, 948.08,
5948.085, or 948.30.
AB1140,128
6Section
128. 941.29 (1g) (b) of the statutes is amended to read:
AB1140,53,117
941.29
(1g) (b) “Violent misdemeanor" means a violation of
s. 940.42, 2019
8stats., s. 940.44, 2019 stats., or s. 813.12, 813.122, 813.125, 940.19 (1), 940.195,
9940.42, 940.44, 941.20 (1), 941.26, 941.38 (3), 941.39, 947.013, 948.55, 951.02,
10951.08, 951.09, or 951.095 or a violation to which a penalty specified in s. 939.63 (1)
11is applied.
AB1140,129
12Section
129. 941.29 (1m) (intro.) of the statutes is amended to read: