| 1 | 1 | | 2025 - 2026 LEGISLATURE |
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| 2 | 2 | | LRB-1166/1 |
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| 3 | 3 | | JAM:cdc |
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| 4 | 4 | | 2025 SENATE BILL 235 |
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| 5 | 5 | | April 29, 2025 - Introduced by Senators JACQUE and NASS, cosponsored by |
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| 6 | 6 | | Representatives DALLMAN, DITTRICH, GREEN, PENTERMAN and BEHNKE. |
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| 7 | 7 | | Referred to Committee on Judiciary and Public Safety. |
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| 8 | 8 | | AN ACT to amend 968.07 (1m); to create 704.96 and 943.147 of the statutes; |
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| 9 | 9 | | relating to: criminal trespass at a campground and providing a penalty. |
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| 10 | 10 | | Analysis by the Legislative Reference Bureau |
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| 11 | 11 | | This bill prohibits persons from entering or remaining at a campground |
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| 12 | 12 | | without the consent of the campground[s operator. A campground operator may |
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| 13 | 13 | | provide a written request to a person who has entered or remained on the premises |
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| 14 | 14 | | of a campground without the consent of the campground operator to immediately |
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| 15 | 15 | | depart from the campground. A person who fails to immediately depart from a |
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| 16 | 16 | | campground upon receipt of the request to depart shall be guilty of a misdemeanor, |
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| 17 | 17 | | and the person may be fined not more than $100 dollars or imprisoned in county jail |
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| 18 | 18 | | for not more than 30 days, or both. The bill requires a law enforcement officer to |
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| 19 | 19 | | arrest and take a person into custody if the law enforcement officer has probable |
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| 20 | 20 | | cause to believe that the person has not departed from the campground after |
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| 21 | 21 | | receiving the request to depart. |
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| 22 | 22 | | The bill also provides that the landlord tenant laws in chapter 704, Wis. Stats. |
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| 23 | 23 | | do not apply to an occupant, guest, or guest of an occupant or guest of a |
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| 24 | 24 | | campground. |
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| 25 | 25 | | Because this bill creates a new crime or revises a penalty for an existing crime, |
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| 26 | 26 | | the Joint Review Committee on Criminal Penalties may be requested to prepare a |
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| 27 | 27 | | report. |
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| 28 | 28 | | 1 |
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| 29 | 29 | | 2 2025 - 2026 Legislature |
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| 30 | 30 | | SENATE BILL 235 |
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| 31 | 31 | | - 2 - LRB-1166/1 |
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| 32 | 32 | | JAM:cdc |
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| 33 | 33 | | SECTION 1 |
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| 34 | 34 | | For further information see the state and local fiscal estimate, which will be |
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| 35 | 35 | | printed as an appendix to this bill. |
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| 36 | 36 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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| 37 | 37 | | enact as follows: |
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| 38 | 38 | | SECTION 1. 704.96 of the statutes is created to read: |
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| 39 | 39 | | 704.96 Campground occupants and guests. (1) This chapter does not |
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| 40 | 40 | | apply to an occupant, guest, or guest of an occupant or guest of a campground or |
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| 41 | 41 | | camping resort licensed under s. 97.67. |
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| 42 | 42 | | (2) This section does not affect rights related to individuals in a manufactured |
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| 43 | 43 | | and mobile home community as defined in s. 66.0435 (1) (cg), or rights related to |
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| 44 | 44 | | individuals who enter into a campground contract as defined in s. 707.02 (6). |
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| 45 | 45 | | SECTION 2. 943.147 of the statutes is created to read: |
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| 46 | 46 | | 943.147 Criminal trespass to campground or camping resort. (1) In |
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| 47 | 47 | | this section, XcampgroundY means a campground or camping resort licensed under |
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| 48 | 48 | | s. 97.67. |
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| 49 | 49 | | (2) (a) No person shall enter a campground or remain on campground |
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| 50 | 50 | | premises without the consent of the operator of the campground. |
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| 51 | 51 | | (b) A campground operator may provide a written request to a person who has |
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| 52 | 52 | | entered or remained on the premises of a campground without the consent of the |
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| 53 | 53 | | campground operator to immediately depart from the campground. |
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| 54 | 54 | | (c) A person who fails to immediately depart from a campground after he or |
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| 55 | 55 | | she has received a request under par. (b) shall be guilty of a misdemeanor, and the |
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| 56 | 56 | | person may be fined not more than $100 dollars or imprisoned in county jail for not |
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| 57 | 57 | | more than 30 days, or both. |
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| 77 | 77 | | 20 2025 - 2026 Legislature |
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| 78 | 78 | | SENATE BILL 235 |
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| 79 | 79 | | - 3 - LRB-1166/1 |
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| 80 | 80 | | JAM:cdc |
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| 81 | 81 | | SECTION 2 |
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| 82 | 82 | | (3) A law enforcement officer shall arrest and take a person into custody if the |
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| 83 | 83 | | law enforcement officer has probable cause to believe that the person has violated |
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| 84 | 84 | | sub. (2) (c). |
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| 85 | 85 | | SECTION 3. 968.07 (1m) of the statutes is amended to read: |
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| 86 | 86 | | 968.07 (1m) Notwithstanding sub. (1), a law enforcement officer shall arrest |
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| 87 | 87 | | a person when required to do so under s. 813.12 (7), 813.122 (10), 813.125 (6), |
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| 88 | 88 | | 813.128 (3g) (b), 943.147 (3), or 968.075 (2) (a) or (5) (e). |
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| 89 | 89 | | (END) |
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