Amendment ASA-AB150

AB150-ASA,2245,2 948.36 (1) Any person who has attained the age of 18 17 years and who, with the intent that a Class A felony be committed and under circumstances that indicate unequivocally that he or she has that intent, knowingly solicits, advises, hires, directs, counsels, employs, uses or otherwise procures a child person 17 years of age or under to commit that Class A felony may, if the Class A felony is committed by the child, be imprisoned for not more than 5 years in excess of the maximum period of imprisonment provided by law for that Class A felony.

AB150-ASA, s. 7240 Section 7240. 948.45 (1) of the statutes is amended to read:

AB150-ASA,2245,7 948.45 (1) Except as provided in sub. (2), any person 18 17 years of age or older who, by any act or omission, knowingly encourages or contributes to the truancy, as defined under s. 118.16 (1) (c), of a child person 17 years of age or under is guilty of a Class C misdemeanor.

AB150-ASA, s. 7241 Section 7241. 948.45 (2) of the statutes is amended to read:

AB150-ASA,2245,10 948.45 (2) Subsection (1) does not apply to a person who has under his or her control a child who has been sanctioned under s. 49.50 (7) (h) 49.26 (1) (h).

AB150-ASA, s. 7242 Section 7242. 948.60 (title), (2) and (3) of the statutes are amended to read:

AB150-ASA,2245,13 948.60 (title) Possession of a dangerous weapon by a child person under 18.

AB150-ASA,2245,15 (2) (a) Any child person under 18 years of age who possesses or goes armed with a dangerous weapon is guilty of a Class A misdemeanor.

AB150-ASA,2245,18 (b) Except as provided in par. (c), any person who intentionally sells, loans or gives a dangerous weapon to a child person under 18 years of age is guilty of a Class E felony.

AB150-ASA,2245,21 (c) Whoever violates par. (b) is guilty of a Class D felony if the child person under 18 years of age under par. (b) discharges the firearm and the discharge causes death to himself, herself or another.

AB150-ASA,2245,23 (d) A child person under 17 years of age who has violated this subsection is subject to the provisions of ch. 48 unless jurisdiction is waived under s. 48.18

AB150-ASA,2246,6 (3) (a) This section does not apply to a child person under 18 years of age who possesses or is armed with a dangerous weapon when the dangerous weapon is being used in target practice under the supervision of an adult or in a course of instruction in the traditional and proper use of the dangerous weapon under the supervision of an adult. This section does not apply to an adult who transfers a dangerous weapon to a child person under 18 years of age for use only in target practice under the adult's supervision or in a course of instruction in the traditional and proper use of the dangerous weapon under the adult's supervision.

AB150-ASA,2246,11 (b) This section does not apply to a child person under 18 years of age who is a member of the armed forces or national guard and who possesses or is armed with a dangerous weapon in the line of duty. This section does not apply to an adult who is a member of the armed forces or national guard and who transfers a dangerous weapon to a child person under 18 years of age in the line of duty.

AB150-ASA,2246,16 (c) This section does not apply to a child person under 18 years of age who possesses or is armed with a firearm having a barrel 12 inches in length or longer and who is in compliance with ss. 29.226 and 29.227. This section does not apply to an adult who transfers a firearm having a barrel 12 inches in length or longer to a child person under 18 years of age who is in compliance with ss. 29.226 and 29.227.

AB150-ASA, s. 7243 Section 7243. 948.61 (4) of the statutes is amended to read:

AB150-ASA,2246,19 948.61 (4) A child person under 17 years of age who has violated this section is subject to the provisions of ch. 48, unless jurisdiction is waived under s. 48.18.

AB150-ASA, s. 7243m Section 7243m. 949.08 (2) (g) of the statutes is amended to read:

AB150-ASA,2246,22 949.08 (2) (g) Has been certified to the department under s. 46.255 49.855 (7) as being delinquent in child support or maintenance payments.

AB150-ASA, s. 7245 Section 7245. 967.02 (2) of the statutes is amended to read:

AB150-ASA,2246,25 967.02 (2) "Department" means the department of corrections, except as provided in s. ss. 973.135 (1) (a) and 975.001.

AB150-ASA, s. 7245m Section 7245m. 967.052 of the statutes is created to read:

AB150-ASA,2247,7 967.052 Prosecution of certain misdemeanor offenses; restriction on penalty. (1) (a) Except as provided in sub. (2), if a prosecutor decides to charge a person with a misdemeanor offense that is punishable by imprisonment and s. 939.615 (1) applies to the offense and to the person to be charged with the offense, the complaint shall specify that the penalty for the offense is the fine and any penalties, other than imprisonment, authorized by law for the offense.

AB150-ASA,2247,11 (b) If a prosecutor decides to charge a person with a misdemeanor offense that is punishable by imprisonment and s. 939.615 (1) does not apply to the person to be charged with the offense because he or she has previously been convicted of any state or federal crime, the complaint shall include all of the following:

AB150-ASA,2247,13 1. A statement specifying the penalties, including imprisonment, authorized by law for the offense.

AB150-ASA,2247,15 2. An allegation that s. 939.615 (1) does not apply to the defendant because he or she has previously been convicted of a state or federal crime.

AB150-ASA,2247,18 (2) Notwithstanding s. 939.615 (1), a prosecutor may seek imprisonment authorized by law in a case in which s. 939.615 (1) applies to the offense and to the person to be charged if the prosecutor does all of the following:

AB150-ASA,2247,20 (a) Specifies in the complaint the penalties, including imprisonment, authorized by law for the offense.

AB150-ASA,2247,22 (b) Specifies in the complaint his or her reasons for seeking imprisonment in the case.

AB150-ASA,2248,4 (3) If, after filing a complaint under sub. (1) (a), a prosecutor decides to seek imprisonment authorized by law for the offense charged, he or she may move to dismiss the complaint filed under sub. (1) (a). The court shall grant a motion to dismiss under this subsection if jeopardy has not attached in the case. If a motion to dismiss under this subsection is granted, the prosecutor may file a new complaint under sub. (2). A prosecutor may not seek imprisonment for an offense charged in a complaint filed under sub. (1) (a) by amending the complaint.

AB150-ASA, s. 7246 Section 7246. 967.08 (2) (intro.) of the statutes is amended to read:

AB150-ASA,2248,10 967.08 (2) (intro.) The court may permit the following proceedings to be conducted under sub. (1) with the consent of the defendant on the request of either party. The defendant's consent and any request and the opposing party's showing of good cause for not conducting the proceeding under sub. (1) may be made by telephone.

AB150-ASA, s. 7246m Section 7246m. 968.03 (4) of the statutes is created to read:

AB150-ASA,2248,17 968.03 (4) If a prosecutor filed a complaint that charges a person with violating s. 946.41 (1) and the person may not be prosecuted under s. 946.41 (1m), the prosecutor shall move the court to dismiss the complaint. The motion shall be in writing and shall state the grounds for dismissing the complaint under s. 946.41 (1m). Upon the filing of a motion under this subsection, the court shall dismiss the complaint with prejudice.

AB150-ASA, s. 7247 Section 7247. 970.01 (1) of the statutes is amended to read:

AB150-ASA,2249,4 970.01 (1) Any person who is arrested shall be taken within a reasonable time before a judge in the county in which the offense was alleged to have been committed. The person may waive physical appearance and request that the initial appearance may be conducted on the record by telephone or live audiovisual means under s. 967.08. If the initial appearance is conducted by telephone or live audiovisual means, the person may waive physical appearance. Waiver of physical appearance shall be placed on the record of the initial appearance and does not waive other grounds for challenging the court's personal jurisdiction. If the person does not waive physical appearance, conducting the initial appearance by telephone or live audiovisual means under s. 967.08 does not waive any grounds that the person has for challenging the court's personal jurisdiction.

AB150-ASA, s. 7247m Section 7247m. 970.02 (1) (a) of the statutes is amended to read:

AB150-ASA,2249,10 970.02 (1) (a) Of the charge against the defendant and shall furnish the defendant with a copy of the complaint which, subject to s. 967.052 (1) and (2), shall contain the possible penalties for the offenses set forth therein in the complaint. In the case of a felony, the judge shall also inform the defendant of the penalties for the felony with which the defendant is charged.

AB150-ASA, s. 7249 Section 7249. 971.23 (10) of the statutes is created to read:

AB150-ASA,2249,18 971.23 (10) Payment of photocopy costs in cases involving indigent defendants. When the state public defender or a private attorney appointed under s. 977.08 requests photocopies of any item that is discoverable under this section, the state public defender shall pay any fee charged for the photocopies from the appropriation under s. 20.550 (1) (a). If the person providing photocopies under this section charges the state public defender a fee for the photocopies, the fee may not exceed the actual, necessary and direct cost of photocopying.

AB150-ASA, s. 7249m Section 7249m. 971.29 (2m) of the statutes is created to read:

AB150-ASA,2249,21 971.29 (2m) Amendment of a complaint filed under s. 967.052 (1) (a) is subject to the restriction provided in s. 967.052 (3).

AB150-ASA, s. 7250 Section 7250. 973.01 of the statutes is repealed.

AB150-ASA, s. 7251 Section 7251. 973.011 of the statutes is repealed.

AB150-ASA, s. 7252 Section 7252. 973.012 of the statutes is repealed.

AB150-ASA, s. 7253 Section 7253. 973.013 (3m) of the statutes is amended to read:

AB150-ASA,2250,16 973.013 (3m) If a person who has not attained the age of 16 years is sentenced to the Wisconsin state prisons, the department of corrections shall place the person at a secured juvenile correctional facility or a secured child caring institution, unless the department of health and social services, after consultation with the department of corrections, determines that placement in an institution under s. 302.01 is appropriate based on the person's prior record of adjustment in a correctional setting, if any; the person's present and potential vocational and educational needs, interests and abilities; the adequacy and suitability of available facilities; the services and procedures available for treatment of the person within the various institutions; the protection of the public; and any other considerations promulgated by the department of health and social services corrections by rule. This subsection does not preclude the department of corrections from designating an adult correctional institution as a reception center for the person and subsequently transferring the person to a secured juvenile correctional facility or a secured child caring institution. Section 302.11 and ch. 304 apply to all persons placed in a secured juvenile correctional facility or a secured child caring institution under this subsection.

AB150-ASA, s. 7255 Section 7255. 973.032 (2) (a) of the statutes is amended to read:

AB150-ASA,2250,25 973.032 (2) (a) A court may sentence a person under sub. (1) if the department provides a presentence investigation report recommending that the person be sentenced to the program. If the department does not make the recommendation, a court may order the department to assess and evaluate the person. After that assessment and evaluation, the court may sentence the person to the program unless the department objects on the ground that the presumptively appropriate sentence under the sentencing guideline matrices is it recommends that the person be placed on probation.

AB150-ASA, s. 7255b Section 7255b. 973.045 (2) of the statutes is amended to read:

AB150-ASA,2251,5 973.045 (2) After the clerk determines the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.395 (5). The county treasurer shall then make payment to the state treasurer secretary of administration under s. 59.20 (5) (b).

AB150-ASA, s. 7255e Section 7255e. 973.045 (3) (a) (intro.) of the statutes is amended to read:

AB150-ASA,2251,11 973.045 (3) (a) (intro.) The clerk shall record the crime victim and witness surcharge in 2 parts. Part A is the portion that the state treasurer secretary of administration shall credit to the appropriation account under s. 20.455 (5) (g) and part B is the portion that the state treasurer secretary of administration shall credit to the appropriation account under s. 20.455 (5) (gc), as follows:

AB150-ASA, s. 7255h Section 7255h. 973.045 (4) of the statutes is amended to read:

AB150-ASA,2251,17 973.045 (4) If an inmate in a state prison or a person sentenced to a state prison has not paid the crime victim and witness assistance surcharge under this section, the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the state treasurer secretary of administration.

AB150-ASA, s. 7255L Section 7255L. 973.046 (2) of the statutes is amended to read:

AB150-ASA,2251,22 973.046 (2) After the clerk of court determines the amount due, the clerk shall collect and transmit the amount to the county treasurer under s. 59.395 (5). The county treasurer shall then make payment to the state treasurer secretary of administration under s. 59.20 (5) (b).

AB150-ASA, s. 7255p Section 7255p. 973.046 (3) of the statutes is amended to read:

AB150-ASA,2252,3 973.046 (3) All moneys collected from deoxyribonucleic acid analysis surcharges shall be deposited by the state treasurer secretary of administration as specified in s. 20.455 (2) (Lm) and utilized under s. 165.77.

AB150-ASA, s. 7255r Section 7255r. 973.046 (4) of the statutes is amended to read:

AB150-ASA,2252,9 973.046 (4) If an inmate in a state prison or a person sentenced to a state prison has not paid the deoxyribonucleic acid analysis surcharge under this section, the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the state treasurer secretary of administration.

AB150-ASA, s. 7255u Section 7255u. 973.055 (2) (a) of the statutes is amended to read:

AB150-ASA,2252,15 973.055 (2) (a) If the assessment is imposed by a court of record, after the court determines the amount due, the clerk of the court shall collect and transmit the amount to the county treasurer as provided in s. 59.395 (5). The county treasurer shall then make payment to the state treasurer secretary of administration as provided in s. 59.20 (5) (b).

AB150-ASA, s. 7255y Section 7255y. 973.055 (2) (b) of the statutes is amended to read:

AB150-ASA,2252,21 973.055 (2) (b) If the assessment is imposed by a municipal court, after a determination by the court of the amount due, the court shall collect and transmit the amount to the treasurer of the county, city, town or village, and that treasurer shall make payment to the state treasurer secretary of administration as provided in s. 66.12 (1) (b).

AB150-ASA, s. 7256 Section 7256. 973.055 (3) of the statutes is amended to read:

AB150-ASA,2252,25 973.055 (3) All moneys collected from domestic abuse assessments shall be deposited by the state treasurer secretary of administration in s. 20.435 (7) (1) (hh) and utilized in accordance with s. 46.95.

AB150-ASA, s. 7257 Section 7257. 973.06 (1) (e) of the statutes is amended to read:

AB150-ASA,2253,5 973.06 (1) (e) Attorney fees payable to the defense attorney by the county or the state. If the court determines at the time of sentencing that the defendant's financial circumstances are changed, the court may adjust the amount in accordance with s. 977.07 (1) (a) and (2) (a).

AB150-ASA, s. 7257d Section 7257d. 973.075 (1) (b) (intro.) of the statutes is amended to read:

AB150-ASA,2253,14 973.075 (1) (b) (intro.) All vehicles, as defined in s. 939.22 (44), which are used to transport any property or weapon used or to be used or received in the commission of any felony, which are used in the commission of a crime under s. 946.70, which are used in the commission of a crime in violation of s. 944.30, 944.31, 944.32, 944.33 or 944.34, which are used in the commission of a crime relating to a submerged cultural resource in violation of s. 44.47 or which are used to cause more than $1,000 $1,500 worth of criminal damage to cemetery property in violation of s. 943.01 (2) (d) or 943.012, but:

AB150-ASA, s. 7257g Section 7257g. 973.09 (1m) of the statutes is created to read:

AB150-ASA,2253,18 973.09 (1m) If a person is convicted of a misdemeanor to which s. 939.615 (1) applies, the court may place the person on probation under sub. (1) (a) but may not require as a condition of probation that the person be confined under sub. (4).

AB150-ASA, s. 7257r Section 7257r. 973.09 (4) of the statutes is amended to read:

AB150-ASA,2254,15 973.09 (4) The Except as provided in sub. (1m), the court may also require as a condition of probation that the probationer be confined during such period of the term of probation as the court prescribes, but not to exceed one year. The court may grant the privilege of leaving the county jail, Huber facility or tribal jail during the hours or periods of employment or other activity under s. 303.08 (1) (a) to (e) while confined under this subsection. The court may specify the necessary and reasonable hours or periods during which the probationer may leave the jail, Huber facility or tribal jail or the court may delegate that authority to the sheriff. In those counties without a Huber facility under s. 303.09 or an agreement under s. 302.445, the probationer shall be confined in the county jail. In those counties with a Huber facility under s. 303.09, the sheriff shall determine whether confinement under this subsection is to be in that facility or in the county jail. The sheriff may transfer persons confined under this subsection between a Huber facility and the county jail. In those counties with an agreement under s. 302.445, the sheriff shall determine whether confinement under this subsection is to be in the tribal jail or the county jail, unless otherwise provided under the agreement. In those counties, the sheriff may transfer persons confined under this subsection between a tribal jail and a county jail, unless otherwise provided under the agreement. While subject to this subsection, the probationer is subject to s. 303.08 (1), (3) to (6), (8) to (12) and (14), all the rules of the county jail, Huber facility or tribal jail and the discipline of the sheriff.

AB150-ASA, s. 7258 Section 7258. 973.135 (title) of the statutes is amended to read:

AB150-ASA,2254,18 973.135 (title) Courts to report convictions to the state superintendent department of public instruction education.

AB150-ASA, s. 7259 Section 7259. 973.135 (1) (a) of the statutes is renumbered 973.135 (1) (am).

AB150-ASA, s. 7260 Section 7260. 973.135 (1) (a) of the statutes is created to read:

AB150-ASA,2254,21 973.135 (1) (a) "Department" means the department of education.

AB150-ASA, s. 7261 Section 7261. 973.135 (1) (b) of the statutes is repealed.

AB150-ASA, s. 7262 Section 7262. 973.135 (2) of the statutes is amended to read:

AB150-ASA,2255,4 973.135 (2) If a court determines that a person convicted of a crime specified in ch. 948, including a crime specified in s. 948.015, a felony for which the maximum term of imprisonment is at least 5 years, 4th degree sexual assault under s. 940.225 (3m) or a crime in which the victim was a child, is employed by an educational agency, the clerk of the court in which such conviction occurred shall promptly forward to the state superintendent department the record of conviction.

AB150-ASA, s. 7263 Section 7263. 973.135 (3) of the statutes is amended to read:

AB150-ASA,2255,8 973.135 (3) If a conviction under sub. (2) is reversed, set aside or vacated, the clerk of the court shall promptly forward to the state superintendent department a certificate stating that the conviction has been reversed, set aside or vacated.

AB150-ASA, s. 7263d Section 7263d. 977.02 (4m) of the statutes is created to read:

AB150-ASA,2255,11 977.02 (4m) Promulgate rules to establish fixed rates for payments required under s. 977.075.

AB150-ASA, s. 7263g Section 7263g. 977.02 (7r) (a) (intro.) of the statutes is amended to read:

AB150-ASA,2255,15 977.02 (7r) (a) (intro.) Promulgate rules to allow the reduction of payment rates for cases assigned by the state public defender under s. 977.08 (4m) for any of the following:

AB150-ASA, s. 7263i Section 7263i. 977.02 (7r) (am) of the statutes is created to read: