Intentionally disarming a correctional officer and providing a penalty, the official text

2025 - 2026 LEGISLATURE
LRB-4412/1
CMH:skw

2025 SENATE BILL 533
October 15, 2025 - Introduced by Senators James, Wanggaard, Feyen, Marklein and Nass, cosponsored by Representatives Spiros, Kaufert, Behnke, Callahan, Dittrich, Goeben, Gundrum, B. Jacobson, Knodl, Melotik, Murphy, Mursau, O'Connor, Penterman, Stubbs, Subeck and Wichgers. Referred to Committee on Judiciary and Public Safety.

An Act to renumber and amend 941.21; to amend 941.21 (title); to create 941.21 (1) and (3) of the statutes; relating to: intentionally disarming a correctional officer and providing a penalty.

Analysis by the Legislative Reference Bureau
Under current law, a person is guilty of a Class H felony if they intentionally disarm a peace officer by taking from the officer a dangerous weapon or an item such as a tear gas bomb, hand grenade, projectile, shell, or pepper spray. This bill expands the crime so that it applies to intentionally disarming a correctional officer or juvenile correctional officer as well as a peace officer and includes items that the correctional officer requires for their duties, such as keys or radios.
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:
Section 1. 941.21 (title) of the statutes is amended to read:
941.21 (title) Disarming a peace an officer.

Section 2. 941.21 of the statutes is renumbered 941.21 (2) and amended to read:
941.21 (2) Whoever intentionally disarms a peace officer who is acting in his or her official capacity by taking a dangerous weapon or a device or container described under s. 941.26 (1g) (b) or (4) (a) from the officer without his or her consent is guilty of a Class H felony. This section subsection applies to any dangerous weapon or any device or container described under s. 941.26 (1g) (b) or (4) (a) that the officer is carrying or that is in an area within the officer’s immediate presence.
Section 3. 941.21 (1) and (3) of the statutes are created to read:
941.21 (1) In this section, “correctional officer” means any of the following:
(a) A person employed by the state or any political subdivision as a guard or officer whose principal duties are the supervision and discipline of inmates.
(b) A juvenile correctional officer, as defined under s. 48.981 (1) (cu).
(3) Whoever intentionally disarms a correctional officer who is acting in his or her official capacity by taking a dangerous weapon, a device or container described under s. 941.26 (1g) (b) or (4) (a), or any official item, such as a radio, keys, or other item used for the correctional officer’s duties, from the correctional officer without his or her consent is guilty of a Class H felony. This subsection applies to any item that the correctional officer is carrying or that is in an area within the correctional officer’s immediate presence.
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