AB1192,,320320940.44 (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:

AB1192,119322Section 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:

AB1192,,323323940.44 (2m) (intro.) Whoever violates s. 940.44 sub. (1m) under any of the following circumstances is guilty of a Class G felony:

AB1192,,324324(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).

AB1192,,325325(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).

AB1192,,326326(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.

AB1192,,328328940.46 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.

AB1192,,330330940.47 (1) An order that a defendant not violate ss. 940.42 to 940.45 s. 940.43 or 940.44.

AB1192,,332332940.47 (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.

AB1192,,334334940.48 (1) If applicable, the person may be prosecuted under ss. 940.42 to 940.45 s. 940.43 or 940.44.

AB1192,,336336940.48 (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.

AB1192,,338338940.49 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.

AB1192,,340340941.237 (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.

AB1192,,342342941.29 (1g) (a) “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., 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, 940.204, 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, 941.2905, 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,,344344941.29 (1g) (b) “Violent misdemeanor” means a violation of s. 940.42, 2021 stats., s. 940.44, 2021 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.

AB1192,,346346941.29 (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:

AB1192,,348348941.29 (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.