AB465: Bill Text

AB465,17,5 ADDRESS ....

AB465,17,6 CITY .... STATE .... ZIP CODE ....

AB465,17,11 Penalties for Violations. Whoever swears falsely to any absent elector affidavit under this section may be fined not more than $1,000 or imprisoned for not more than 6 months, or both. Whoever intentionally votes more than once in an election may be fined not more than $10,000 or imprisoned for not more than 3 years, and 6 months or both.

AB465,17,12 ....(Municipal Clerk)

AB465,17,13 ....(Municipality)

AB465, s. 2 Section 2. 11.61 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,17,19 11.61 (1) (a) Whoever intentionally violates s. 11.05 (1), (2), (2g) or (2r), 11.07 (1) or (5), 11.10 (1), 11.12 (5), 11.23 (6) or 11.24 (1) may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both is guilty of a Class I felony.

AB465, s. 3 Section 3. 11.61 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,18,2 11.61 (1) (b) Whoever intentionally violates s. 11.25, 11.26, 11.27 (1), 11.30 (1) or 11.38 where is guilty of a Class I felony if the intentional violation does not involve a specific figure, or where if the intentional violation concerns a figure which exceeds $100 in amount or value may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both.

AB465, s. 4 Section 4. 12.60 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,18,7 12.60 (1) (a) Whoever violates s. 12.09, 12.11 or 12.13 (1), (2) or (3) (a), (e), (f), (j), (k), (L), (m), (y) or (z) may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both is guilty of a Class I felony.

AB465, s. 5 Section 5. 13.05 of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,18,21 13.05 Logrolling prohibited. Any member of the legislature who gives, offers or promises to give his or her vote or influence in favor of or against any measure or proposition pending or proposed to be introduced, in the legislature in consideration or upon condition that any other person elected to the same legislature will give or will promise or agree to give his or her vote or influence in favor of or against any other measure or proposition pending or proposed to be introduced in such legislature, or who gives, offers or promises to give his or her vote or influence for or against any measure on condition that any other member will give his or her vote or influence in favor of any change in any other bill pending or proposed to be introduced in the legislature may be fined not less than $500 nor more than $1,000 or imprisoned for not less than one year nor more than 4 years and 6 months or both, is guilty of a Class I felony.

AB465, s. 6 Section 6. 13.06 of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,19,10 13.06 Executive favor. Any member of the legislature who gives, offers or promises to give his or her vote or influence in favor of or against any measure or proposition pending or proposed to be introduced in the legislature, or that has already been passed by either house of the legislature, in consideration of or on condition that the governor approve, disapprove, veto or sign, or agree to approve, disapprove, veto or sign, any other measure or proposition pending or proposed to be introduced in the legislature or that has already been passed by the legislature, or either house thereof, or in consideration or upon condition that the governor nominate for appointment or appoint or remove any person to or from any office or position under the laws of this state, may be fined not less than $500 nor more than $1,000 or imprisoned for not less than one year nor more than 3 years or both is guilty of a Class I felony.

AB465, s. 7 Section 7. 13.69 (6m) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,19,17 13.69 (6m) Any principal, lobbyist or other individual acting on behalf of a principal who files a statement under s. 13.63 (1), 13.64, 13.65, 13.67 or 13.68 which he or she does not believe to be true 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. 8 Section 8. 15.01 (2) of the statutes is amended to read:

AB465,20,4 15.01 (2) "Commission" means a 3-member governing body in charge of a department or independent agency or of a division or other subunit within a department, except for the Wisconsin waterways commission which shall consist of 5 members, the parole commission which shall consist of 6 members and the Fox river management commission which shall consist of 7 members. A Wisconsin group created for participation in a continuing interstate body, or the interstate body itself, shall be known as a "commission", but is not a commission for purposes of s. 15.06. The parole commission created under s. 15.145 (1) shall be known as a "commission", but is not a commission for purposes of s. 15.06. The sentencing commission created under s. 15.105 (26) shall be known as a "commission" but is not a commission for purposes of s. 15.06 (1) to (4m), (7) and (9).

AB465, s. 9 Section 9. 15.105 (26) of the statutes is created to read:

AB465,20,8 15.105 (26) Sentencing commission. (a) Creation; membership. There is created a sentencing commission which is attached to the department of administration under s. 15.03 and which shall consist of the following members:

AB465,20,9 1. The attorney general or his or her designee.

AB465,20,10 2. The state public defender or his or her designee.

AB465,20,12 3. Seven members, at least 2 of whom are not employed by any unit of federal, state or local government, appointed by the governor.

AB465,20,14 4. One majority party member from each house of the legislature, appointed as are the members of standing committees in their respective houses.

AB465,20,17 5. One member appointed by the senate majority leader or, if the senate majority leader and the governor are members of the same political party, by the senate minority leader.

AB465,20,18 6. Two circuit judges, appointed by the supreme court.

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: