If it had taken effect, the measure would direct the Department of Justice to help identify and report foreign-directed intimidation and set penalties for certain related conduct.
The Department of Justice would train officers and help the public identify and report foreign-directed efforts to intimidate or silence people over their political views.
Crimes tied to a foreign government or terrorist group would carry a higher classification if the person acted to intimidate, silence, or punish someone for their political views.
A person doing specified enforcement work for a foreign government or terrorist group without prior federal or Wisconsin law enforcement approval would face a felony and minimum prison and fine penalties.
The Department of Justice would train officers, share information and prevention guidance, run a public awareness campaign, and provide an online reporting portal. The text defines transnational repression as actions taken for a foreign government or terrorist group outside its jurisdiction to impose control or punish people because of their political views. The department would report identified cases to legislative committees every year.
A court would raise the crime classification if the required foreign ties and intent are found. The increase depends on the original crime: most felonies and misdemeanors move up one classification, while a Class A misdemeanor becomes a Class I felony. The person must act as an agent of, or on behalf of, a foreign government or foreign terrorist organization, and intend to harass, intimidate, silence, punish, or impose its control, preferences, viewpoints, or laws on someone because of that person's political view. The rule covers crimes under chapters 939 to 948, as well as attempts, solicitation, or conspiracy to commit them. A jury or other fact finder must return a special verdict on the required elements.
A person would commit a Class E felony by intentionally carrying out specified enforcement work for a foreign government or terrorist group without prior approval. The rule applies to a person acting at the direction of a foreign government or foreign terrorist organization. The work includes preventing, detecting, investigating, monitoring, surveilling, or prosecuting an offense under a foreign law or rule, at the foreign government's or group's direction. Prior approval must come from the federal government or a Wisconsin law enforcement agency with jurisdiction. Upon conviction, the court must impose at least three years in prison and a fine of at least $10,000; other applicable penalties may also apply.
No hearings or votes scheduled.