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).
SB413,5,1212 (b) Whoever does any of the following is guilty of a Class D felony:
SB413,5,1613 1. Intentionally marks, draws or writes with paint, ink or another substance
14on or intentionally etches into, or threatens to mark, draw or write on or etch into,
15any physical property owned by a person who is or was a witness by reason of the
16owner having attended or testified as a witness and without the owner's consent.
SB413,5,2117 2. Intentionally marks, draws or writes with paint, ink or another substance
18on or intentionally etches into, or threatens to mark, draw or write on or etch into,
19any physical property owned by a family member of a witness or by a person sharing
20a common domicile with a witness by reason of the witness having attended or
21testified as a witness and without the owner's consent.
SB413, s. 14 22Section 14. 946.82 (4) of the statutes is amended to read:
SB413,6,1123 946.82 (4) "Racketeering activity" means any activity specified in 18 USC 1961
24(1) in effect as of April 27, 1982 or the attempt, conspiracy to commit, or commission
25of any of the felonies specified in: chs. 945 and 961 and ss. 49.49, 134.05, 139.44 (1),

1180.0129, 181.69, 184.09 (2), 185.825, 215.12, 221.0625, 221.0636, 221.0637,
2221.1004, 551.41, 551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01,
3940.19 (3) to (6), 940.20, 940.201, 940.203, 940.21, 940.30, 940.305, 940.31, 941.20
4(2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 943.01 (2) or (2g), 943.011,
5943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (b) to (d),
6943.23 (1g), (1m), (1r), (2) and (3), 943.24 (2), 943.25, 943.27, 943.28, 943.30, 943.32,
7943.34 (1) (b) and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (b) and
8(c), 943.60, 943.70, 944.205, 944.21 (5) (c) and (e), 944.32, 944.33 (2), 944.34, 945.03,
9945.04, 945.05, 945.08, 946.10, 946.11, 946.12, 946.13, 946.31, 946.32 (1), 946.48,
10946.49, 946.61, 946.64, 946.65, 946.72, 946.76, 947.015, 948.05, 948.08, 948.12 and
11948.30.
SB413, s. 15 12Section 15. 949.03 (1) (b) of the statutes is amended to read:
SB413,6,1813 949.03 (1) (b) The commission or the attempt to commit any crime specified in
14s. 346.62 (4), 346.63 (2) or (6), 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08,
15940.09, 940.10, 940.19, 940.20, 940.201, 940.21, 940.22 (2), 940.225, 940.23, 940.24,
16940.25, 940.285, 940.29, 940.30, 940.305, 940.31, 940.32, 941.327, 943.02, 943.03,
17943.04, 943.10, 943.20, 943.23 (1g), (1m) or (1r), 943.32, 948.02, 948.025, 948.03,
18948.04, 948.07, 948.095, 948.20, 948.30 or 948.51.
SB413, s. 16 19Section 16. 969.08 (10) (b) of the statutes is amended to read:
SB413,7,220 969.08 (10) (b) "Serious crime" means any crime specified in s. 346.62 (4),
21940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5), 940.20,
22940.201, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.24, 940.25, 940.29, 940.295
23(3) (b) 1., 2. or 3., 940.31, 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c),
24943.011, 943.013, 943.02, 943.03, 943.04, 943.06, 943.10, 943.23 (1g), (1m) or (1r),

1943.30, 943.32, 946.01, 946.02, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03,
2948.04, 948.05, 948.06, 948.07 or 948.30.
SB413, s. 17 3Section 17. 971.37 (1m) (a) 2. of the statutes is amended to read:
SB413,7,104 971.37 (1m) (a) 2. An adult accused of or charged with a criminal violation of
5s. 940.19, 940.20 (1m) or (3), 940.201, 940.225, 940.23, 940.285, 940.30, 940.42,
6940.43, 940.44, 940.45, 940.48, 941.20, 941.30, 943.01, 943.011, 943.14, 943.15,
7946.49, 947.01, 947.012 or 947.0125 and the conduct constituting the violation
8involved an act by the adult person against his or her spouse or former spouse,
9against an adult with whom the adult person resides or formerly resided or against
10an adult with whom the adult person has created a child.
SB413, s. 18 11Section 18. 973.055 (1) (a) 1. of the statutes is amended to read:
SB413,7,1712 973.055 (1) (a) 1. The court convicts the person of a violation of a crime specified
13in s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.19, 940.20 (1m) or (3), 940.201,
14940.21, 940.225, 940.23, 940.285, 940.30, 940.305, 940.31, 940.42, 940.43, 940.44,
15940.45, 940.48, 941.20, 941.30, 943.01, 943.011, 943.14, 943.15, 946.49, 947.01,
16947.012 or 947.0125 or of a municipal ordinance conforming to s. 941.20, 940.201,
17941.30, 943.01, 943.011, 943.14, 943.15, 946.49, 947.01, 947.012 or 947.0125; and
SB413, s. 19 18Section 19. Initial applicability.
SB413,7,2019 (1) This act first applies to offenses committed on the effective date of this
20subsection.
SB413,7,2121 (End)
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