| 1 | 1 | | 2025 - 2026 LEGISLATURE |
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| 2 | 2 | | LRB-1326/1 |
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| 3 | 3 | | CMH:cdc |
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| 4 | 4 | | 2025 SENATE BILL 17 |
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| 5 | 5 | | February 5, 2025 - Introduced by Senators JAMES and TOMCZYK, cosponsored by |
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| 6 | 6 | | Representatives GOEBEN, ARMSTRONG, MURPHY, DITTRICH, NEDWESKI, B. |
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| 7 | 7 | | JACOBSON, CALLAHAN, BRILL, ALLEN, SUBECK, WICHGERS, MURSAU and |
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| 8 | 8 | | BEHNKE. Referred to Committee on Judiciary and Public Safety. |
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| 9 | 9 | | AN ACT to amend 940.203 (2) (intro.), (a) and (b) of the statutes; relating to: |
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| 10 | 10 | | special circumstances battery to a community service officer and providing a |
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| 11 | 11 | | penalty. |
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| 12 | 12 | | Analysis by the Legislative Reference Bureau |
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| 13 | 13 | | Under current law, a person who intentionally causes bodily harm to another |
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| 14 | 14 | | person commits the crime of simple battery and is guilty of a Class A misdemeanor. |
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| 15 | 15 | | Current law provides greater penalties for special circumstances battery, which is |
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| 16 | 16 | | defined as intentionally causing or threatening to cause bodily harm to certain |
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| 17 | 17 | | persons. For example, under current law, a person who intentionally causes or |
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| 18 | 18 | | threatens to cause bodily harm to a law enforcement officer in response to an action |
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| 19 | 19 | | that officer took in an official capacity is guilty of a Class H felony. The bill adds a |
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| 20 | 20 | | community service officer so to make it a Class H felony to cause or threaten to |
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| 21 | 21 | | cause bodily harm to a community service officer in response to an action the CSO |
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| 22 | 22 | | took in an official capacity. |
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| 23 | 23 | | Because this bill creates a new crime or revises a penalty for an existing crime, |
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| 24 | 24 | | the Joint Review Committee on Criminal Penalties may be requested to prepare a |
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| 25 | 25 | | report. |
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| 26 | 26 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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| 27 | 27 | | enact as follows: |
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| 28 | 28 | | 1 |
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| 29 | 29 | | 2 |
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| 30 | 30 | | 3 2025 - 2026 Legislature |
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| 31 | 31 | | SENATE BILL 17 |
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| 32 | 32 | | - 2 - LRB-1326/1 |
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| 33 | 33 | | CMH:cdc |
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| 34 | 34 | | SECTION 1 |
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| 35 | 35 | | SECTION 1. 940.203 (2) (intro.), (a) and (b) of the statutes are amended to |
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| 36 | 36 | | read: |
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| 37 | 37 | | 940.203 (2) (intro.) Whoever intentionally causes bodily harm or threatens to |
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| 38 | 38 | | cause bodily harm to the person or family member of any judge, prosecutor, or law |
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| 39 | 39 | | enforcement officer, or community service officer under all of the following |
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| 40 | 40 | | circumstances is guilty of a Class H felony: |
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| 41 | 41 | | (a) At the time of the act or threat, the actor knows or should have known that |
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| 42 | 42 | | the victim is a judge, prosecutor, or law enforcement officer, or community service |
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| 43 | 43 | | officer or a member of the judge[s, prosecutor[s, or law enforcement officer[s, or |
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| 44 | 44 | | community service officer[s family. |
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| 45 | 45 | | (b) The act or threat is in response to any action taken by a judge, prosecutor, |
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| 46 | 46 | | or law enforcement officer, or community service officer in an official capacity. |
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| 47 | 47 | | (END) |
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