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SB1018: Bill Text
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2025 - 2026 LEGISLATURE
LRB-6316/1
CMH:cdc
2025 SENATE BILL 1018
February 12, 2026 - Introduced by Senators
Jacque
and
Bradley
, cosponsored by Representatives
Wichgers
,
Knodl
,
Allen
,
Behnke
,
Brill
,
Goeben
,
Gundrum
,
Murphy
,
O'Connor
,
Pronschinske
,
Tittl
and
Maxey
. Referred to Committee on Judiciary and Public Safety.
SB1018,1,3
1
An Act
to amend
971.38 (1) and 971.39 (1) (intro.);
to create
939.6192 and
2
967.056 of the statutes;
relating to:
penalty for the terrorist crimes against
3
the occupants of a church and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law classifies felonies from Class A felonies to Class I felonies and provides a maximum sentence for each classification. Each sentence is a bifurcated sentence, which is a term of confinement in prison followed by a term of extended supervision in the community. Certain crimes, such as some sex offenses, violent crimes, or repeated crimes, have a mandatory minimum term of confinement in prison. This bill imposes a one-year mandatory minimum term of confinement in prison for a person who is convicted of a felony that is committed with the intent to terrorize, intimidate, or coerce two or more occupants of a church.
Under current law, a prosecutor may dismiss or amend a criminal charge without approval from the court. Under the bill, a prosecutor must get the court’s approval to dismiss or amend a charge if the defendant could be subject to the mandatory minimum sentence created in the bill. The court may approve the dismissal or amendment of such a charge only if the court finds the action is consistent with the public’s interest in deterring the commission of these crimes and with the legislature’s intent, expressed in this bill, to vigorously prosecute individuals who commit these crimes.
Current law allows a prosecutor to enter into a deferred prosecution agreement with a defendant who is charged or may be charged with a crime. Generally, under a deferred prosecution agreement, the prosecutor agrees to dismiss a charge or not file a charge if the defendant complies with specified conditions. Current law also prohibits a prosecutor from entering into a deferred prosecution agreement with a defendant who is charged or may be charged with operating a vehicle while under the influence of an intoxicant or a controlled substance, causing injury to another while operating a vehicle while under the influence, or homicide by intoxicated use of a vehicle. The bill prohibits a prosecutor from entering into a deferred prosecution agreement with a defendant if the defendant could be subject to the mandatory minimum sentence created in the bill.
Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB1018,1
1
Section
1
.
939.6192 of the statutes is created to read:
SB1018,2,8
2
939.6192
Mandatory minimum sentence for terrorist crimes against
3
occupants of a church.
(1)
If a person is convicted of a felony under chs. 939 to
4
951 that is committed with the intent to terrorize, intimidate, or coerce 2 or more
5
occupants of a church, the court shall impose a bifurcated sentence under s. 973.01.
6
The term of confinement in prison portion of the bifurcated sentence shall be at
7
least one year. The court may not put the person on probation. Otherwise the
8
penalties for the crime apply, subject to any applicable penalty enhancement.
SB1018,2,11
9
(2)
This section provides for the enhancement of the penalties applicable for
10
the underlying crime. The court shall direct that the trier of fact find a special
11
verdict as to all of the issues specified in sub. (1).
SB1018,2
12
Section
2
.
967.056 of the statutes is created to read:
SB1018,3,2
13
967.056
Prosecution of certain crimes.
(1)
Intent.
The legislature
1
intends to encourage the vigorous prosecution of persons who commit felonies that
2
are subject to the mandatory minimum sentence under s. 939.6192.
SB1018,3,11
3
(2)
Dismissing or amending charge.
Notwithstanding s. 971.29, if a person
4
is charged with a felony that may, depending on the finding of the trier of fact, be
5
subject to the mandatory minimum sentence under s. 939.6192, a prosecutor may
6
not dismiss or amend the charge without the approval of the court. In the
7
application to the court, the prosecutor shall state the reasons for the proposed
8
amendment or dismissal. The court may approve the application only if the court
9
finds that the proposed amendment or dismissal is consistent with the public’s
10
interest in deterring the commission of such felonies and consistent with the
11
legislature’s intent expressed in sub. (1).
SB1018,3,17
12
(3)
No deferred prosecution.
A prosecutor may not place a person in a
13
deferred prosecution program if a complaint or information is filed that alleges the
14
person committed a felony that may, depending on the finding of the trier of fact, be
15
subject to the mandatory minimum sentence under s. 939.6192 or if the person is
16
charged with a felony that may, depending on the finding of the trier of fact, be
17
subject to the mandatory minimum sentence under s. 939.6192.
SB1018,3
18
Section
3
.
971.38 (1) of the statutes is amended to read:
SB1018,4,4
19
971.38
(1)
Except as provided in s. 967.055 (3)
or 967.056 (3)
, the district
20
attorney may require as a condition of any deferred prosecution program for any
21
crime that the defendant perform community service work for a public agency or a
22
nonprofit charitable organization. The number of hours of work required may not
23
exceed what would be reasonable considering the seriousness of the alleged offense.
1
An order may only apply if agreed to by the defendant and the organization or
2
agency. The district attorney shall ensure that the defendant is provided a written
3
statement of the terms of the community service order and that the community
4
service order is monitored.
SB1018,4
5
Section
4
.
971.39 (1) (intro.) of the statutes is amended to read:
SB1018,4,10
6
971.39
(1)
(intro.) Except as provided in s. 967.055 (3)
or 967.056 (3)
, in
7
counties having a population of less than 100,000, if a defendant is charged with a
8
crime, the district attorney, the department and a defendant may all enter into a
9
deferred prosecution agreement which includes, but is not limited to, the following
10
conditions:
SB1018,5
11
Section
5
. Initial applicability.
SB1018,4,13
12
(
1
) This act first applies to a complaint, information, or charge filed on the
13
effective date of this subsection.
SB1018,4,14
14
(end)
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