LRB-3750/3
JEO:jlg:ijs
1997 - 1998 LEGISLATURE
January 22, 1998 - Introduced by Senators C. Potter, Roessler, Darling, Weeden,
A. Lasee and Panzer, cosponsored by Representatives Otte, Green, Murat,
Dobyns, Grothman, Owens, Gunderson, F. Lasee, Porter, Ainsworth, Plouff,
Skindrud, Musser, Sykora, Ladwig, Ziegelbauer, Baumgart, Brandemuehl,
Gronemus and Albers. Referred to Committee on Judiciary, Campaign
Finance Reform and Consumer Affairs.
SB413,1,6
1An Act to amend 165.70 (1) (b), 940.20 (3), 940.43 (1), 940.45 (1), 943.01 (2) (c),
2943.017 (2) (c), 946.82 (4), 949.03 (1) (b), 969.08 (10) (b), 971.37 (1m) (a) 2. and
3973.055 (1) (a) 1.; and
to create 939.22 (21) (em), 939.22 (21) (mg), 940.201,
4941.38 (1) (b) 5m., 941.38 (1) (b) 13m., 943.011 and 943.017 (2m) of the statutes;
5relating to: threats to cause bodily harm to a witness or to damage the
6property of a witness and providing penalties.
Analysis by the Legislative Reference Bureau
Under current law, a person is guilty of intimidation of a witness if he or she
prevents or dissuades, or attempts to prevent or dissuade, a witness from attending
or giving testimony at a legal proceeding. Generally, a person who is convicted of
intimidation of a witness may be fined not more than $10,000 or imprisoned for not
more than 9 months or both. However, a person is guilty of felony intimidation if he
or she intimidates a witness under certain circumstances, such as using or
threatening to use force or violence against the witness or damaging or threatening
to damage property of the witness. Under current law, a person convicted of felony
intimidation of a witness may be fined not more than $10,000 or imprisoned for not
more than 5 years or both.
In addition, current law provides penalties for battery to or criminal damage
to the property of witnesses who have attended or testified at a proceeding.
Specifically, a person is guilty of battery to a witness if he or she intentionally causes
bodily harm to a witness without the consent of the witness and because the witness
attended or testified at a proceeding. Likewise, a person is guilty of criminal damage
to property of a witness if he or she intentionally causes damage to any physical
property of a witness without the consent of the witness and because the witness
attended or testified at a proceeding. Finally, a person is guilty of graffiti vandalism
to property of a witness if he or she intentionally marks, draws or writes on any
physical property of a witness without the consent of the witness and because the
witness attended or testified at a proceeding. A person convicted of any of these
crimes against a witness may be fined not more than $10,000 or imprisoned for not
more than 5 years or both.
This bill expands the current law provisions concerning battery to, or criminal
damage to the property of, a witness who has attended or testified at a proceeding
by prohibiting a person from threatening to commit battery to, or criminal damage
to the property of, a witness who has attended or testified at a proceeding. The bill
also prohibits a person from committing or threatening to commit battery to, or
criminal damage to the property of, either a family member of a witness who has
attended or testified at a proceeding or a person sharing a common domicile with a
witness who has attended or testified at a proceeding. A person who violates the
prohibitions created in the bill is subject to the same penalty provided under current
law for battery to a witness or criminal damage to the property of a witness.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB413, s. 1
1Section
1. 165.70 (1) (b) of the statutes is amended to read:
SB413,2,42
165.70
(1) (b) Enforce chs. 945 and 961 and ss. 940.20 (3),
940.201, 941.25 to
3941.27, 943.01 (2) (c),
943.011, 943.27, 943.28, 943.30, 944.30, 944.31, 944.32, 944.33,
4944.34, 946.65, 947.02 (3) and (4) and 948.08.
SB413, s. 2
5Section
2. 939.22 (21) (em) of the statutes is created to read:
SB413,2,66
939.22
(21) (em) Battery or threat to witness, as prohibited in s. 940.201.
SB413, s. 3
7Section
3. 939.22 (21) (mg) of the statutes is created to read:
SB413,2,98
939.22
(21) (mg) Criminal damage to or threat to criminally damage the
9property of a witness, as prohibited in s. 943.011 or 943.017 (2m).
SB413, s. 4
10Section
4. 940.20 (3) of the statutes is amended to read:
SB413,3,211
940.20
(3) (title)
Battery to witnesses and jurors. Whoever intentionally
12causes bodily harm to a person who he or she knows or has reason to know is or was
13a witness as defined in s. 940.41 (3) or a grand or petit juror, and
by reason of the
14person having attended or testified as a witness or by reason of any verdict or
1indictment assented to by the person, without the consent of the person injured, is
2guilty of a Class D felony.
SB413, s. 5
3Section
5. 940.201 of the statutes is created to read:
SB413,3,4
4940.201 Battery or threat to witnesses.
(1) In this section:
SB413,3,65
(a) "Family member" means a spouse, child, stepchild, foster child, treatment
6foster child, parent, sibling or grandchild.
SB413,3,77
(b) "Witness" has the meaning given in s. 940.41 (3).
SB413,3,8
8(2) Whoever does any of the following is guilty of a Class D felony:
SB413,3,129
(a) Intentionally causes bodily harm or threatens to cause bodily harm to a
10person who he or she knows or has reason to know is or was a witness by reason of
11the person having attended or testified as a witness and without the consent of the
12person harmed or threatened.
SB413,3,1713
(b) Intentionally causes bodily harm or threatens to cause bodily harm to a
14person who he or she knows or has reason to know is a family member of a witness
15or a person sharing a common domicile with a witness by reason of the witness
16having attended or testified as a witness and without the consent of the person
17harmed or threatened.
SB413, s. 6
18Section
6. 940.43 (1) of the statutes is amended to read:
SB413,3,2219
940.43
(1) Where the act is accompanied by force or violence or attempted force
20or violence, upon the witness, or the spouse, child,
stepchild, foster child, treatment
21foster child, parent, sibling or grandchild of the witness or any person sharing a
22common domicile with the witness.
SB413, s. 7
23Section
7. 940.45 (1) of the statutes is amended to read:
SB413,4,224
940.45
(1) Where the act is accompanied by force or violence or attempted force
25or violence, upon the victim, or the spouse, child,
stepchild, foster child, treatment
1foster child, parent, sibling or grandchild of the victim or any person sharing a
2common domicile with the victim.
SB413, s. 8
3Section
8. 941.38 (1) (b) 5m. of the statutes is created to read:
SB413,4,44
941.38
(1) (b) 5m. Battery or threat to witness, as prohibited in s. 940.201.
SB413, s. 9
5Section
9. 941.38 (1) (b) 13m. of the statutes is created to read:
SB413,4,76
941.38
(1) (b) 13m. Criminal damage to or threat to criminally damage the
7property of a witness, as prohibited in s. 943.011 or 943.017 (2m).
SB413, s. 10
8Section
10. 943.01 (2) (c) of the statutes is amended to read:
SB413,4,129
943.01
(2) (c) The property damaged belongs to a person who is or was
a witness
10as defined in s. 940.41 (3) or a grand or petit juror and the damage was caused
by
11reason of the owner's having attended or testified as a witness or by reason of any
12verdict or indictment assented to by the owner.
SB413, s. 11
13Section
11. 943.011 of the statutes is created to read:
SB413,4,14
14943.011 Damage or threat to property of witness. (1) In this section:
SB413,4,1615
(a) "Family member" means a spouse, child, stepchild, foster child, treatment
16foster child, parent, sibling or grandchild.
SB413,4,1717
(b) "Witness" has the meaning given in s. 940.41 (3).
SB413,4,18
18(2) Whoever does any of the following is guilty of a Class D felony:
SB413,4,2119
(a) Intentionally causes damage or threatens to cause damage to any physical
20property owned by a person who is or was a witness by reason of the owner having
21attended or testified as a witness and without the owner's consent.
SB413,4,2522
(b) Intentionally causes damage or threatens to cause damage to any physical
23property owned by a person who is a family member of a witness or a person sharing
24a common domicile with a witness by reason of the witness having attended or
25testified as a witness and without the owner's consent.
SB413, s. 12
1Section
12. 943.017 (2) (c) of the statutes is amended to read:
SB413,5,62
943.017
(2) (c) The property under sub. (1) belongs to a person who is or was
3a witness, as defined in s. 940.41 (3), or a grand or petit juror and the marking,
4drawing, writing or etching was caused
by reason of the owner's having attended or
5testified as a witness or by reason of any verdict or indictment assented to by the
6owner.
SB413, s. 13
7Section
13. 943.017 (2m) of the statutes is created to read:
SB413,5,88
943.017
(2m) (a) In this subsection:
SB413,5,109
1. "Family member" means a spouse, child, stepchild, foster child, treatment
10foster child, parent, sibling or grandchild.
SB413,5,1111
2. "Witness" has the meaning given in s. 940.41 (3).
