AB465: Bill Text

AB465,20,20 7. One representative of crime victims and one district attorney, each appointed by the attorney general.

AB465,20,22 8. One attorney in private practice engaged primarily in the practice of criminal defense, appointed by the criminal law section of the State Bar of Wisconsin.

AB465,20,25 (b) Nonvoting members. The secretary of corrections or his or her designee, the chairperson of the parole commission or his or her designee and the director of state courts or his or her designee shall be nonvoting members of the commission.

AB465,21,2 (c) Terms. 1. Except as provided in subd. 2., members appointed under par. (a) 3. and 5. to 8. shall serve 3-year terms and are eligible for reappointment.

AB465,21,5 2. The term of a circuit judge appointed under par. (a) 6. shall end when such person ceases to be a circuit judge. The term of a district attorney appointed under par. (a) 7. shall end when such person ceases to be a district attorney.

AB465,21,8 (d) Officers. The governor shall designate annually one of the members of the commission as chairperson. The commission may elect officers other than a chairperson from among its members as its work requires.

AB465,21,15 (e) Reimbursement and compensation. Members of the commission shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties. An officer or employe of the state shall be reimbursed by the agency that pays the member's salary. Members who are full-time state officers or employes shall receive no compensation for their services. Other members shall be paid $25 per day, in addition to their actual and necessary expenses, for each day on which they are actually and necessarily engaged in the performance of their duties.

AB465,21,16 (f) Sunset. This subsection does not apply after December 31, 2004.

AB465, s. 10 Section 10. 19.42 (10) (o) of the statutes is created to read:

AB465,21,19 19.42 (10) (o) A member, the executive director or the deputy director of the sentencing commission.

AB465, s. 11 Section 11. 19.42 (13) (n) of the statutes is created to read:

AB465,21,22 19.42 (13) (n) The position of member, executive director or deputy director of the sentencing commission.

AB465, s. 12 Section 12. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB465, s. 13 Section 13. 20.505 (4) (dr) of the statutes is created to read:

AB465,22,4 20.505 (4) (dr) Sentencing commission. The amounts in the schedule for the general program operations of the sentencing commission. No money may be encumbered from the appropriation under this paragraph after December 31, 2004.

AB465, s. 14 Section 14. 20.505 (4) (mr) of the statutes is created to read:

AB465,22,9 20.505 (4) (mr) Sentencing commission; federal aid. All moneys received as federal aid as authorized by the governor under s. 16.54 to carry out the purposes for which the aid is provided. No money may be encumbered from the appropriation under this paragraph after December 31, 2004.

AB465, s. 15 Section 15. 20.923 (4) (b) 7. of the statutes is created to read:

AB465,22,11 20.923 (4) (b) 7. Sentencing commission: executive director.

AB465, s. 16 Section 16. 20.923 (6) (hr) of the statutes is created to read:

AB465,22,13 20.923 (6) (hr) Sentencing commission: deputy director.

AB465, s. 17 Section 17. 23.33 (13) (cg) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,23,2 23.33 (13) (cg) Penalties related to causing death or injury; interference with signs and standards. A person who violates sub. (8) (f) 1. shall be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class H felony if the violation causes the death or injury, as defined in s. 30.67 (3) (b), of another person.

AB465, s. 18 Section 18. 26.14 (8) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,23,7 26.14 (8) Any person who intentionally sets fire to the land of another or to a marsh shall be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

AB465, s. 19 Section 19. 29.971 (1) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,23,13 29.971 (1) (c) For A person having fish in his or her possession in violation of this chapter and is guilty of a Class I felony if the value of the fish under par. (d) exceeds $1,000, by a fine of not more than $10,000 or imprisonment for not more than 3 years or both.

AB465, s. 20 Section 20. 29.971 (1m) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,23,18 29.971 (1m) (c) For A person possessing clams in violation of s. 29.537, is guilty of a Class I felony if the value of the clams under par. (d) exceeds $1,000, by a fine of not more than $10,000 or imprisonment for not more than 3 years or both.

AB465, s. 21 Section 21. 29.971 (11m) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,24,4 29.971 (11m) (a) For shooting, shooting at, killing, taking, catching or possessing a bear without a valid Class A bear license, or for possessing a bear which does not have a carcass tag attached or possessing a bear during the closed season, by a fine of not less than $1,000 nor more than $2,000 or by imprisonment for not more than 6 months or both for the first violation, or by a fine of not more than $5,000 $10,000 or imprisonment for not more than 2 years 9 months or both for any subsequent violation, and, in addition, the court shall revoke all hunting approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting approval under this chapter to the person for 3 years.

AB465, s. 22 Section 22. 29.971 (11p) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,24,9 29.971 (11p) (a) For entering the den of a hibernating black bear and harming the bear, by a fine of not more than $10,000 or imprisonment for not more than 2 years 9 months or both.

AB465, s. 23 Section 23. 30.80 (2g) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,24,14 30.80 (2g) (b) Shall be fined not less than $300 nor more than $5,000 $10,000 or imprisoned for not more than 2 years 9 months or both if the accident involved injury to a person but the person did not suffer great bodily harm.

AB465, s. 24 Section 24. 30.80 (2g) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,24,19 30.80 (2g) (c) Shall be fined not more than $10,000 or imprisoned for not more than 3 years or both Is guilty of a Class I felony if the accident involved injury to a person and the person suffered great bodily harm.

AB465, s. 25 Section 25. 30.80 (2g) (d) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,24,24 30.80 (2g) (d) Shall be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both Is guilty of a Class H felony if the accident involved death to a person.

AB465, s. 26 Section 26. 30.80 (3m) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,25,5 30.80 (3m) Any person violating s. 30.547 (1), (3) or (4) shall be fined not more than $5,000 or imprisoned not more than 7 years and 6 months or both is guilty of a Class H felony.

AB465, s. 27 Section 27. 36.25 (6) (d) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,25,15 36.25 (6) (d) Any officer, agent, clerk or employe of the survey or department of revenue who makes known to any person except the officers of the survey or department of revenue, in any manner, any information given to such person in the discharge of such person's duties under par. (c), which information was given to such person with the request that it not be made known, upon conviction thereof, shall be fined not less than $50 nor more than $500 or imprisoned for not less than one month nor more than 3 years is guilty of a Class I felony. This paragraph shall not prevent the use for assessment purposes of any information obtained under this subsection.

AB465, s. 28 Section 28. 47.03 (3) (d) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,25,19 47.03 (3) (d) Any person who violates this subsection shall be fined not more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both.

AB465, s. 29 Section 29. 48.355 (2d) (b) 3. of the statutes is amended to read:

AB465,26,3 48.355 (2d) (b) 3. That the parent has committed a violation of s. 940.19 (3), 1997 stats., a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) if committed in this state, and that the violation resulted in great bodily harm, as defined in s. 939.22 (14), or in substantial bodily harm, as defined in s. 939.22 (38), to the child or another child of the parent.

AB465, s. 30 Section 30. 48.415 (9m) (b) 2. of the statutes is amended to read:

AB465,26,10 48.415 (9m) (b) 2. The commission of a violation of s. 940.19 (3), 1997 stats., a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (3) (a), 948.05, 948.06 or 948.08 or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (3) (a), 948.05, 948.06 or 948.08 if committed in this state.

AB465, s. 31 Section 31. 48.417 (1) (d) of the statutes is amended to read:

AB465,26,19 48.417 (1) (d) A court of competent jurisdiction has found that the parent has committed a violation of s. 940.19 (3), 1997 stats., a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) if committed in this state, and that the violation resulted in great bodily harm, as defined in s. 939.22 (14), or in substantial bodily harm, as defined in s. 939.22 (38), to the child or another child of the parent.

AB465, s. 32 Section 32. 48.57 (3p) (g) 2. of the statutes is amended to read:

AB465,26,25 48.57 (3p) (g) 2. The person has had imposed on him or her a penalty specified in s. 939.64, 1997 stats., or s. 939.641, 1997 stats., or s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a violation of the law of any other state or federal law under circumstances under which the person would be subject to a penalty specified in any of those sections if convicted in this state.

AB465, s. 33 Section 33. 48.685 (5) (bm) 2. of the statutes is amended to read:

AB465,27,3 48.685 (5) (bm) 2. A violation of s. 940.19 (3), 1997 stats., or of s. 940.19 (2), (3), (4), (5) or (6) or 940.20 (1) or (1m), if the victim is the spouse of the person.

AB465, s. 34 Section 34. 48.685 (5) (bm) 3. of the statutes is amended to read:

AB465,27,7 48.685 (5) (bm) 3. A violation of s. 943.23 (1m) or (1r), 1997 stats., or of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.21, 940.225 (1), (2) or (3), 940.23, 940.305, 940.31, 941.20 (2) or (3), 941.21, 943.10 (2), 943.23 (1g), (1m) or (1r) or 943.32 (2).

AB465, s. 35 Section 35. 48.685 (5) (bm) 4. of the statutes is amended to read:

AB465,27,12 48.685 (5) (bm) 4. A violation of s. 940.19 (3), 1997 stats., or of s. 940.19 (2), (3), (4), (5) or (6), 940.20, 940.203, 940.205 or 940.207 or an offense under ch. 961 that is a felony, if committed not more than 5 years before the date of the investigation under sub. (2) (am).

AB465, s. 36 Section 36. 49.127 (8) (a) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,27,17 49.127 (8) (a) 2. If the value of the food coupons exceeds $100, but is less than $5,000, a person who violates this section may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class I felony.

AB465, s. 37 Section 37. 49.127 (8) (b) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,27,23 49.127 (8) (b) 2. If the value of the food coupons exceeds $100, but is less than $5,000, a person who violates this section may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

AB465, s. 38 Section 38. 49.127 (8) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,28,3 49.127 (8) (c) For any offense under this section, if the value of the food coupons is $5,000 or more, a person who violates this section may be fined not more than $250,000 or imprisoned for not more than 30 years or both is guilty of a Class G felony.

AB465, s. 39 Section 39. 49.141 (7) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,28,9 49.141 (7) (a) A person who is convicted of violating sub. (6) in connection with the furnishing by that person of items or services for which payment is or may be made under Wisconsin works may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

AB465, s. 40 Section 40. 49.141 (7) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,28,14 49.141 (7) (b) A person, other than a person under par. (a), who is convicted of violating sub. (6) may be fined not more than $10,000 or imprisoned for not more than 2 years 9 months or both.

AB465, s. 41 Section 41. 49.141 (9) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,28,25 49.141 (9) (a) Whoever solicits or receives any remuneration in cash or in-kind, in return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under Wisconsin works, or in return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under Wisconsin works, is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

AB465, s. 42 Section 42. 49.141 (9) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,29,11 49.141 (9) (b) Whoever offers or pays any remuneration in cash or in-kind to any person to induce the person to refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under Wisconsin works, or to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service or item for which payment may be made in whole or in part under any provision of Wisconsin works, is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

AB465, s. 43 Section 43. 49.141 (10) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,29,17 49.141 (10) (b) A person who violates this subsection is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

AB465, s. 44 Section 44. 49.49 (1) (b) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,30,2 49.49 (1) (b) 1. In the case of such a statement, representation, concealment, failure, or conversion by any person in connection with the furnishing by that person of items or services for which medical assistance is or may be made, a person convicted of violating this subsection is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

AB465, s. 45 Section 45. 49.49 (2) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,30,15 49.49 (2) (a) Solicitation or receipt of remuneration. Any person who solicits or receives any remuneration, including any kickback, bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind, in return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under a medical assistance program, or in return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under a medical assistance program, is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

AB465, s. 46 Section 46. 49.49 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,31,3 49.49 (2) (b) Offer or payment of remuneration. Whoever offers or pays any remuneration including any kickback, bribe, or rebate directly or indirectly, overtly or covertly, in cash or in kind to any person to induce such person to refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under a medical assistance program, or to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service or item for which payment may be made in whole or in part under a medical assistance program, is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

AB465, s. 47 Section 47. 49.49 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,31,15 49.49 (3) Fraudulent certification of facilities. No person may knowingly and wilfully make or cause to be made, or induce or seek to induce the making of, any false statement or representation of a material fact with respect to the conditions or operation of any institution or facility in order that such institution or facility may qualify either upon initial certification or upon recertification as a hospital, skilled nursing facility, intermediate care facility, or home health agency. Violators of A person who violates this subsection is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

AB465, s. 48 Section 48. 49.49 (3m) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,31,21 49.49 (3m) (b) A person who violates this subsection is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

AB465, s. 49 Section 49. 49.49 (4) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,32,2 49.49 (4) (b) A person who violates this subsection is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

AB465, s. 50 Section 50. 49.95 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is renumbered 49.95 (1) (intro.) and amended to read:

AB465,32,7 49.95 (1) (intro.) Any person who, with intent to secure public assistance under this chapter, whether for himself or herself or for some other person, wilfully makes any false representations may, if is subject to the following penalties: