(1) DEFINITIONS.
In this section:
(a) "Criminal gang" has the meaning given in s. 939.22 (9).
(b) "Criminal gang activity" has the meaning given in s. 941.38 (1) (b).
(c) "Political subdivision" means a city, village, town, or county.
(2) CIVIL CAUSE OF ACTION.
(a) The state, a school district, or a political subdivision may bring an action in circuit court for any expenditure of money for the allocation or reallocation of law enforcement, fire fighting, emergency, or other personnel or resources if the expenditure of money by the state, a school district, or a political subdivision is the result of criminal gang activity.
(b) Any person who suffers physical injury or incurs property damage or loss resulting from any criminal gang activity has a cause of action for the actual damages sustained. The burden of proof in a civil action under this paragraph rests with the person who suffers the physical injury or property damage or loss to prove his or her case by a preponderance of the credible evidence.
(c) The action may be brought against the criminal gang or against any member, leader, officer, or organizer of a criminal gang who participates in a criminal gang activity or who authorizes, causes, orders, ratifies, requests, or suggests a criminal gang activity. An action brought under this subsection shall also name as defendants the criminal gang and any criminal gang members who participated in the criminal gang activity. An action brought under this subsection may name, as a class of defendants, all unknown criminal gang members.
(d) The plaintiff may bring a civil action under this subsection regardless of whether there has been a criminal action related to the injury, property damage, or loss or expenditure of money under par. (a) or (b) and regardless of the outcome of that criminal action.
(3) SERVICE OF PROCESS.
A summons may be served individually upon any member, leader, officer, or organizer of a criminal gang by service as provided under s. 801.11 (1), (2), (5) or (6) where the claim sued upon arises out of or relates to criminal gang activity within this state sufficient to subject a defendant to personal jurisdiction under s. 801.05 (2) to (10). A judgment rendered after service under this subsection is a binding adjudication against the criminal gang.
(4) INJUNCTIVE RELIEF, DAMAGES, COSTS, AND FEES.
(a) The court, upon the request of the state, a school district, or a political subdivision, may grant an injunction restraining an individual from committing an act that would injure the state, a school district, or a political subdivision or may order such other relief as the court determines is proper.
(b) The court may order a criminal gang member to divest himself or herself of any interest or involvement in any criminal gang activity and may restrict a criminal gang member from engaging in any future criminal gang activity.
(c) In addition to the costs allowed under s. 814.04, a final judgment in an action under sub. (2) (a) in favor of the plaintiff shall include compensatory damages for the expenditure of money for the allocation or reallocation of law enforcement, fire fighting, emergency, or other personnel or resources caused by the criminal gang activity and compensation for the costs of the investigation and prosecution and reasonable attorney fees.
(d) In addition to the costs allowed under s. 814.04, a final judgment in an action under sub. (2) (b) in favor of the plaintiff shall include attorney fees and the costs of the investigation and litigation.
(e) The final judgment in favor of the plaintiff in an action under sub. (2) (a) or (b) may include punitive damages assessed against a criminal gang leader, officer, organizer, or member who is found to have participated in criminal gang activity.
(Top)(1) From the appropriations under s. 20.410 (3) (d) and (kj), the department shall allocate $500,000 in each fiscal year to enter into a contract with an organization to provide services in a county having a population of 500,000 or more for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs. Notwithstanding s. 16.75, the department may enter into a contract under this subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer.
(2) From the appropriation under s. 20.410 (3) (ky), the department may not distribute more than $300,000 in each fiscal year to the organization that it has contracted with under sub. (1) for alcohol and other drug-abuse education and treatment services for participants in that organization's youth diversion program.
(3) From the appropriations under s. 20.410 (3) (d) and (kj), the department shall allocate $150,000 in each fiscal year to enter into a contract with an organization to provide services in Racine County, $150,000 in each fiscal year to enter into a contract with an organization to provide services in Kenosha County, $150,000 in each fiscal year to enter into a contract with an organization that is located in Ward 1 in the city of Racine to provide services in Racine County, and $150,000 in each fiscal year to enter into a contract with an organization to provide services in Brown County, and from the appropriation under s. 20.410 (3) (kj), the department shall allocate $100,000 in each fiscal year to enter into a contract with an organization for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs, and for alcohol or other drug-abuse education and treatment services for participants in that organization's youth diversion program. The organization that is located in Ward 1 in the city of Racine shall have a recreational facility, shall offer programs to divert youths from gang activities, may not be affiliated with any national or state association, and may not have entered into a contract under s. 301.265 (3), 1995 stats. Notwithstanding s. 16.75, the department may enter into a contract under this subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer.
(Top)In Chapters 939 to 948 and 951, the following words and phrases have the designated meanings unless the context of a specific section manifestly requires a different construction or the word or phrase is defined in Section 948.01 for purposes of Chapter 948:
(9) "Criminal gang" means an ongoing organization, association, or group of three or more persons, whether formal or informal, that has as one of its primary activities the commission of one or more of the criminal acts, or acts that would be criminal if the actor were an adult, specified in Section 939.22 (21) (a) to (s); that has a common name or a common identifying sign or symbol; and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.
(9g) "Criminal gang member" means any person who participates in criminal gang activity, as defined in Section 941.38 (1) (b), with a criminal gang.
(21) "Pattern of criminal gang activity" means the commission of, attempt to commit, or solicitation to commit two or more of the following crimes, or acts that would be crimes if the actor were an adult, at least one of those acts or crimes occurs after December 25, 1993, the last of those acts or crimes occurred within three years after a prior act or crime, and the acts or crimes are committed, attempted, or solicited on separate occasions or by two or more persons:
(a) Manufacture, distribution, or delivery of a controlled substance or controlled substance analog, as prohibited in Section 961.41 (1).
(b) First-degree intentional homicide, as prohibited in Section 940.01.
(c) Second-degree intentional homicide, as prohibited in Section 940.05.
(d) Battery, as prohibited in Section 940.19 or 940.195.
(e) Battery, special circumstances, as prohibited in Section 940.20.
(em) Battery or threat to witness, as prohibited in Section 940.201.
(f) Mayhem, as prohibited in Section 940.21.
(g) Sexual assault, as prohibited in Section 940.225.
(h) False imprisonment, as prohibited in Section 940.30.
(i) Taking hostages, as prohibited in Section 940.305.
(j) Kidnapping, as prohibited in Section 940.31.
(k) Intimidation of witnesses, as prohibited in Section 940.42 or 940.43.
(L) Intimidation of victims, as prohibited in Section 940.44 or 940.45.
(m) Criminal damage to property, as prohibited in Section 943.01.
(mg) Criminal damage to or threat to criminally damage the property of a witness, as prohibited in Section 943.011 or 943.017 (2m).
(n) Arson of buildings or damage by explosives, as prohibited in Section 943.02.
(o) Burglary, as prohibited in Section 943.10.
(p) Theft, as prohibited in Section 943.20.
(q) Taking, driving, or operating a vehicle, or removing a part or component of a vehicle, without the owners consent, as prohibited in Section 943.23.
(r) Robbery, as prohibited in Section 943.32.
(s) Sexual assault of a child, as prohibited in Section 948.02.
(t) Repeated acts of sexual assault of the same child, as prohibited in Section 948.025.
(1) In this section:
(a) "Child" means a person who has not attained the age of 18 years.
(b) "Criminal gang activity" means the commission of, attempt to commit or solicitation to commit one or more of the following crimes, or acts that would be crimes if the actor were an adult, committed for the benefit of, at the direction of, or in association with any criminal gang, with the specific intent to promote, further, or assist in any criminal conduct by criminal gang members:
1. Manufacture, distribution, or delivery of a controlled substance or controlled substance analog, as prohibited in Section 961.41 (1).
2. First-degree intentional homicide, as prohibited in Section 940.01.
3. Second-degree intentional homicide, as prohibited in Section 940.05.
4. Battery, as prohibited in Section 940.19 or 940.195.
5. Battery, special circumstances, as prohibited in Section 940.20.
5m. Battery or threat to witness, as prohibited in Section 940.201.
6. Mayhem, as prohibited in Section 940.21.
7. Sexual assault, as prohibited in Section 940.225.
8. False imprisonment, as prohibited in Section 940.30.
9. Taking hostages, as prohibited in Section 940.305.
10. Kidnapping, as prohibited in Section 940.31.
11. Intimidation of witnesses, as prohibited in Section 940.42 or 940.43.
12. Intimidation of victims, as prohibited in Section 940.44 or 940.45.
13. Criminal damage to property, as prohibited in Section 943.01.
13m. Criminal damage to or threat to criminally damage the property of a witness, as prohibited in Section 943.011 or 943.017 (2m).
14. Arson of buildings or damage by explosives, as prohibited in Section 943.02.
15. Burglary, as prohibited in Section 943.10.
16. Theft, as prohibited in Section 943.20.
17. Taking, driving, or operating a vehicle, or removing a part or component of a vehicle, without the owners consent, as prohibited in Section 943.23.
18. Robbery, as prohibited in Section 943.32.
19. Sexual assault of a child, as prohibited in Section 948.02.
20. Repeated acts of sexual assault of the same child, as prohibited in Section 948.025.
(2) Whoever intentionally solicits a child to participate in criminal gang activity is guilty of a Class I felony.
(3) Whoever intentionally violates, under all of the following circumstances, a court order to refrain from contacting a criminal gang member is guilty of a Class A misdemeanor:
(a) The court finds that the person who is subject to the court order is a criminal gang member.
(b) The court informs the person of the contact restriction orally and in writing.
(c) The order specifies how long the contact restriction stays in effect.
(Top)(1) DEFINITIONS.
In this section:
(a) "Criminal gang" has the meaning given in s. 939.22 (9).
(b) "Criminal gang activity" has the meaning given in s. 941.38 (1) (b).
(c) "Political subdivision" means a city, village, town, or county.
(2) CIVIL CAUSE OF ACTION.
(a) The state, a school district, or a political subdivision may bring an action in circuit court for any expenditure of money for the allocation or reallocation of law enforcement, fire fighting, emergency, or other personnel or resources if the expenditure of money by the state, a school district, or a political subdivision is the result of criminal gang activity.
(b) Any person who suffers physical injury or incurs property damage or loss resulting from any criminal gang activity has a cause of action for the actual damages sustained. The burden of proof in a civil action under this paragraph rests with the person who suffers the physical injury or property damage or loss to prove his or her case by a preponderance of the credible evidence.
(c) The action may be brought against the criminal gang or against any member, leader, officer, or organizer of a criminal gang who participates in a criminal gang activity or who authorizes, causes, orders, ratifies, requests, or suggests a criminal gang activity. An action brought under this subsection shall also name as defendants the criminal gang and any criminal gang members who participated in the criminal gang activity. An action brought under this subsection may name, as a class of defendants, all unknown criminal gang members.
(d) The plaintiff may bring a civil action under this subsection regardless of whether there has been a criminal action related to the injury, property damage, or loss or expenditure of money under par. (a) or (b) and regardless of the outcome of that criminal action.
(3) SERVICE OF PROCESS.
A summons may be served individually upon any member, leader, officer, or organizer of a criminal gang by service as provided under s. 801.11 (1), (2), (5) or (6) where the claim sued upon arises out of or relates to criminal gang activity within this state sufficient to subject a defendant to personal jurisdiction under s. 801.05 (2) to (10). A judgment rendered after service under this subsection is a binding adjudication against the criminal gang.
(4) INJUNCTIVE RELIEF, DAMAGES, COSTS, AND FEES.
(a) The court, upon the request of the state, a school district, or a political subdivision, may grant an injunction restraining an individual from committing an act that would injure the state, a school district, or a political subdivision or may order such other relief as the court determines is proper.
(b) The court may order a criminal gang member to divest himself or herself of any interest or involvement in any criminal gang activity and may restrict a criminal gang member from engaging in any future criminal gang activity.
(c) In addition to the costs allowed under s. 814.04, a final judgment in an action under sub. (2) (a) in favor of the plaintiff shall include compensatory damages for the expenditure of money for the allocation or reallocation of law enforcement, fire fighting, emergency, or other personnel or resources caused by the criminal gang activity and compensation for the costs of the investigation and prosecution and reasonable attorney fees.
(d) In addition to the costs allowed under s. 814.04, a final judgment in an action under sub. (2) (b) in favor of the plaintiff shall include attorney fees and the costs of the investigation and litigation.
(e) The final judgment in favor of the plaintiff in an action under sub. (2) (a) or (b) may include punitive damages assessed against a criminal gang leader, officer, organizer, or member who is found to have participated in criminal gang activity.
(Top)(1) Any building or structure that is used to facilitate the delivery, distribution, or manufacture, as defined in Section 961.01 (6), (9) and (13) respectively, of a controlled substance, as defined in Section 961.01 (4), or a controlled substance analog, as defined in Section 961.01 (4m), and any building or structure where those acts take place, is a public nuisance and may be proceeded against under this section.
(1m) (a) In this subsection, "criminal gang" has the meaning given in Section 939.22 (9).
(b) Any building or structure that is used as a meeting place of a criminal gang or that is used to facilitate the activities of a criminal gang is a public nuisance and may be proceeded against under this section.
(2) If a nuisance exists, the city, town, or village where the property is located may maintain an action in the circuit court to abate the nuisance and to perpetually enjoin every person guilty of creating or maintaining the nuisance, the owner, lessee, or tenant of the building or structure where the nuisance exists and the owner of the land upon which the building or structure is located, from continuing, maintaining, or permitting the nuisance.
(3) If the existence of the nuisance is shown in the action to the satisfaction of the court, either by verified complaint or affidavit, the court shall issue a temporary injunction to abate and prevent the continuance or recurrence of the nuisance, including the issuance of an order requiring the closure of the property. Any temporary injunction issued in an action begun under this subsection shall be issued without requiring the undertaking specified in Section 813.06.
(4) In ruling upon a request for closure, whether for a defined or undefined duration, the court shall consider all of the following factors:
(a) The extent and duration of the nuisance at the time of the request.
(b) Prior efforts by the defendant to comply with previous court orders to abate the nuisance.
(c) The nature and extent of any effect that the nuisance has upon other persons, such as residents or businesses.
(d) The effect of granting the request upon any resident or occupant of the premises who is not named in the action, including the availability of alternative housing or relocation assistance, the pendency of any action to evict a resident or occupant, and any evidence of participation by a resident or occupant in the nuisance activity.