Wisconsin Senate Bill SB5

Wisconsin 2025-2026 Regular Session

• Introduced: 1/24/25
• Refer: 1/24/25
• Report Pass: 3/14/25
• Engrossed: 3/18/25
• Refer: 5/27/25
• Refer: 6/20/25
• Enrolled: 6/30/25
• Chaptered: 8/11/25
• Passed: 8/11/25

Caption

An Act to renumber and amend 940.20 (3) (title) and 940.20 (3); to amend 48.685 (2) (bb), 48.685 (5) (bm) 4., 48.686 (1) (c) 9., 48.686 (1) (c) 12., 48.686 (2) (bb), 50.065 (2) (bb), 165.70 (1) (b), 165.84 (7) (ab) 2., 301.048 (2) (bm) 1. a., 767.461 (4), 940.03, 941.29 (1g) (a), 941.291 (1) (b), 941.39 (title), 946.82 (4), 949.03 (2), 968.26 (1b) (a) 2. a., 969.08 (10) (b), 973.049 (2) and 973.123 (1); to create 939.22 (21) (es), 940.202 (1) and (3) and 941.38 (1) (b) 5s. of the statutes; Relating to: battery or threat to jurors and providing a penalty.

Summary

SB5 expands Wisconsin’s criminal protections for jurors. The bill renumbers existing law on battery or threats to jurors and creates a new offense covering intentional bodily harm or threats against a juror’s family member when the conduct is tied to the juror’s service. Under the bill, both battery or threats to a juror and battery or threats to a juror’s family member are Class H felonies. The bill also defines “juror” to include current, former, and prospective grand or petit jurors who have received a summons, and defines “family member” to include a spouse, child, stepchild, foster child, parent, sibling, or grandchild. In addition to creating the new offense, SB5 updates a wide range of statutes to incorporate the new juror-protection crime into existing criminal and regulatory frameworks. It adds the new offense to lists used for violent felony definitions, serious crime/background check provisions, probation and sentencing contact restrictions, felony murder predicates, racketeering activity, and other public-safety and licensing statutes. The bill also authorizes courts to prohibit a person convicted of a crime from contacting jurors who served in proceedings related to that crime during the sentence or probation period, similar to existing no-contact authority for victims and witnesses. The bill’s practical impact is to increase criminal penalties and expand collateral consequences for conduct aimed at jurors and their families, while also giving courts more tools to prevent post-conviction contact and intimidation. It affects criminal defendants, jurors, jurors’ relatives, courts, law enforcement, and agencies that conduct background checks or administer licensing and public-safety determinations. Because it creates a new crime and revises penalties, it may also trigger review by the Joint Review Committee on Criminal Penalties. The overall sentiment reflected in the voting history is strongly supportive. SB5 passed the Senate 28-4, indicating broad bipartisan agreement that jurors should receive stronger protection from intimidation, retaliation, and threats. The bill’s introduction also drew a sizable list of cosponsors from both chambers, suggesting early legislative backing. The main point of contention appears to be the scope of the new protections rather than the need for protection itself. The bill extends the felony penalty not only to jurors but also to jurors’ family members, and it broadens court authority to restrict contact with jurors after conviction. Those expansions may raise concerns about how far the law should reach, but the available voting record shows limited opposition and no recorded committee debate in the materials provided.

Impact

SB5 amends numerous Wisconsin statutes to add the new juror-related battery/threat offense, 940.202, to existing lists governing violent felonies, serious crimes, background checks, sentencing restrictions, probation conditions, felony murder, racketeering, and other public-safety provisions. It also renumbers current s. 940.20 (3) as s. 940.202 and creates new definitional language for jurors and family members. The bill changes the legal consequences for intimidation or retaliation tied to jury service and gives courts broader authority to impose no-contact restrictions involving jurors.

Sentiment

The bill appears to have received generally favorable treatment and broad support. It passed the Senate 28-4, which suggests strong consensus that jurors need enhanced protection from threats and retaliation. The large number of cosponsors also points to a positive reception across party lines, and there is no committee transcript in the provided materials showing organized opposition or extended debate.

Contention

The likely area of debate is the breadth of the new felony offense and related no-contact authority. SB5 extends protection beyond jurors themselves to family members of jurors and applies to prospective jurors who have been summoned, which broadens the reach of the criminal law. It also adds the offense to many collateral-consequence statutes, affecting background checks, sentencing, and public-safety classifications. Any concerns would likely come from those wary of expanding felony liability or court-imposed contact restrictions, though the recorded vote shows little resistance.