939.50 (3) (e) For a Class E felony, a fine not to exceed $10,000 or imprisonment not to exceed 2
5 years, or both.
283,327
Section 327
. 939.62 (2m) (b) of the statutes is amended to read:
939.62 (2m) (b) The actor is a persistent repeater if he or she has been convicted of a serious felony on 2 or more separate occasions at any time preceding the serious felony for which he or she presently is being sentenced under ch. 973, which convictions remain of record and unreversed and, that of the 2 or more previous convictions, at least one conviction must have occurred before the date of violation of at least one of the other felonies for which the actor was previously convicted. It is immaterial that the sentence for a previous conviction was stayed, withheld or suspended, or that he or she was pardoned, unless the pardon was granted on the ground of innocence. The term of imprisonment for the felony for which the persistent repeater presently is being sentenced under ch. 973 is life imprisonment without the possibility of parole or extended supervision.
283,328
Section 328
. 940.20 (2m) (title) of the statutes is amended to read:
940.20 (2m) (title) Battery to probation, extended supervision and parole agents and aftercare agents.
283,329
Section 329
. 940.20 (2m) (a) 2. of the statutes is amended to read:
940.20 (2m) (a) 2. “Probation, extended supervision and parole agent" means any person authorized by the department of corrections to exercise control over a probationer or, parolee or person on extended supervision.
283,330
Section 330
. 940.20 (2m) (b) of the statutes is amended to read:
940.20 (2m) (b) Whoever intentionally causes bodily harm to a probation, extended supervision and parole agent or an aftercare agent, acting in an official capacity and the person knows or has reason to know that the victim is a probation, extended supervision and parole agent or an aftercare agent, by an act done without the consent of the person so injured, is guilty of a Class D felony.
283,331
Section
331. 942.06 (2m) (a) of the statutes is amended to read:
942.06 (2m) (a) An employe or agent of the department of corrections who conducts a lie detector test of a probationer or, parolee or person on extended supervision under the rules promulgated under s. 301.132.
283,332
Section 332
. 942.06 (2q) (a) (intro.) of the statutes is amended to read:
942.06 (2q) (a) (intro.) An employe or agent of the department of corrections who discloses, to any of the following, the fact that a probationer or, parolee or person on extended supervision has had a lie detector test under the rules promulgated under s. 301.132 or the results of such a lie detector test:
283,333
Section 333
. 946.42 (1) (a) of the statutes is amended to read:
946.42 (1) (a) “Custody" includes without limitation actual custody of an institution, including a secured correctional facility, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), a secure detention facility, as defined in s. 938.02 (16), a Type 2 child caring institution, as defined in s. 938.02 (19r), or a juvenile portion of a county jail, or of a peace officer or institution guard and constructive custody of prisoners and juveniles subject to an order under s. 48.366, 938.183, 938.34 (4d), (4h) or (4m) or 938.357 (4) or (5) (e) temporarily outside the institution whether for the purpose of work, school, medical care, a leave granted under s. 303.068, a temporary leave or furlough granted to a juvenile or otherwise. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the county to which the prisoner was transferred after conviction. It does not include the custody of a probationer or, parolee or person on extended supervision by the department of corrections or a probation, extended supervision or parole officer or the custody of a person who has been released to aftercare supervision under ch. 938 unless the person is in actual custody or is subject to a confinement order under s. 973.09 (4).
283,334
Section 334
. 946.46 of the statutes is amended to read:
946.46 (title) Encouraging violation of probation, extended supervision or parole. Whoever intentionally aids or encourages a parolee or, probationer or person on extended supervision or any person committed to the custody or supervision of the department of corrections or a county department under s. 46.215, 46.22 or 46.23 by reason of crime or delinquency to abscond or violate a term or condition of parole, extended supervision or probation is guilty of a Class A misdemeanor.
283,335
Section 335
. 946.85 (1) of the statutes is amended to read:
946.85 (1) Any person who engages in a continuing criminal enterprise shall be imprisoned for not less than 10 years nor more than 20 30 years, and fined not more than $10,000 or as provided in s. 946.84 (2). If the court imposes a sentence less than the presumptive minimum sentence, it shall place its reasons for doing so on the record.
283,336
Section 336
. 950.04 (1v) (v) of the statutes, as created by 1997 Wisconsin Act .... (Assembly Bill 342), is amended to read:
950.04 (1v) (v) To have the department of corrections make a reasonable attempt to notify the victim under s. 301.046 (4) regarding community residential confinements, under s. 301.048 (4m) regarding participation in the intensive sanctions program, under s. 301.38 regarding escapes from a Type 1 prison, under s. 301.46 (3) regarding persons registered under s. 301.45, under s. 302.115 regarding release upon expiration of certain sentences, under s. 304.063 regarding extended supervision and parole releases, and under s. 938.51 regarding release or escape of a juvenile from correctional custody.
283,337
Section 337
. 950.04 (1v) (vm) of the statutes is created to read:
950.04 (1v) (vm) To have the appropriate clerk of court send the victim a copy of an inmate's petition for extended supervision and notification of the hearing on that petition under s. 302.114 (6).
283,338
Section 338
. 961.41 (1) (a) of the statutes is amended to read:
961.41 (1) (a) Except as provided in par. (d), a controlled substance included in schedule I or II which is a narcotic drug, or a controlled substance analog of a controlled substance included in schedule I or II which is a narcotic drug, may be fined not more than $25,000 or imprisoned for not more than 15 22 years and 6 months or both.
283,339
Section 339
. 961.41 (1) (b) of the statutes is amended to read:
961.41 (1) (b) Except as provided in pars. (cm) and (e) to (h), any other controlled substance included in schedule I, II or III, or a controlled substance analog of any other controlled substance included in schedule I or II, may be fined not more than $15,000 or imprisoned for not more than 5 7 years and 6 months or both.
283,340
Section 340
. 961.41 (1) (cm) 1. of the statutes is amended to read:
961.41 (1) (cm) 1. Five grams or less, the person shall be fined not more than $500,000 and may be imprisoned for not more than 10 15 years.
283,341
Section 341
. 961.41 (1) (cm) 2. of the statutes is amended to read:
961.41 (1) (cm) 2. More than 5 grams but not more than 15 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than one year nor more than 15 22 years
and 6 months.
283,342
Section 342
. 961.41 (1) (cm) 3. of the statutes is amended to read:
961.41 (1) (cm) 3. More than 15 grams but not more than 40 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 3 years nor more than 20 30 years.
283,343
Section 343
. 961.41 (1) (cm) 4. of the statutes is amended to read:
961.41 (1) (cm) 4. More than 40 grams but not more than 100 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 5 years nor more than 30 45 years.
283,344
Section 344
. 961.41 (1) (cm) 5. of the statutes is amended to read:
961.41 (1) (cm) 5. More than 100 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 10 years nor more than 30
45 years.
283,345
Section 345
. 961.41 (1) (d) 1. of the statutes is amended to read:
961.41 (1) (d) 1. Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 15 22 years and 6 months.
283,346
Section 346
. 961.41 (1) (d) 2. of the statutes is amended to read:
961.41 (1) (d) 2. More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 15 22 years and 6 months.
283,347
Section 347
. 961.41 (1) (d) 3. of the statutes is amended to read:
961.41 (1) (d) 3. More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 22 years and 6 months.
283,348
Section 348
. 961.41 (1) (d) 4. of the statutes is amended to read:
961.41 (1) (d) 4. More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 15 22 years and 6 months.
283,349
Section 349
. 961.41 (1) (d) 5. of the statutes is amended to read:
961.41 (1) (d) 5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 15 22 years and 6 months.
283,350
Section 350
. 961.41 (1) (d) 6. of the statutes is amended to read:
961.41 (1) (d) 6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years nor more than 30 45 years.
283,351
Section 351
. 961.41 (1) (e) 1. of the statutes is amended to read:
961.41 (1) (e) 1. Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 5 7 years and 6 months.
283,352
Section 352
. 961.41 (1) (e) 2. of the statutes is amended to read:
961.41 (1) (e) 2. More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 5 7 years and 6 months.
283,353
Section 353
. 961.41 (1) (e) 3. of the statutes is amended to read:
961.41 (1) (e) 3. More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 22 years and 6 months.
283,354
Section 354
. 961.41 (1) (e) 4. of the statutes is amended to read:
961.41 (1) (e) 4. More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 15 22 years and 6 months.
283,355
Section 355
. 961.41 (1) (e) 5. of the statutes is amended to read:
961.41 (1) (e) 5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 15 22 years and 6 months.
283,356
Section 356
. 961.41 (1) (e) 6. of the statutes is amended to read:
961.41 (1) (e) 6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years nor more than 30 45 years.
283,357
Section 357
. 961.41 (1) (f) 1. of the statutes is amended to read:
961.41 (1) (f) 1. One gram or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 5 7 years and 6 months.
283,358
Section 358
. 961.41 (1) (f) 2. of the statutes is amended to read:
961.41 (1) (f) 2. More than one gram but not more than 5 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 5 7 years and 6 months.
283,359
Section 359
. 961.41 (1) (f) 3. of the statutes is amended to read:
961.41 (1) (f) 3. More than 5 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 22 years and 6 months.
283,360
Section
360. 961.41 (1) (g) 1. of the statutes is amended to read:
961.41 (1) (g) 1. One hundred grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 5
7 years and 6 months.
283,361
Section 361
. 961.41 (1) (g) 2. of the statutes is amended to read:
961.41 (1) (g) 2. More than 100 grams but not more than 500 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 5 7 years and 6 months.
283,362
Section 362
. 961.41 (1) (g) 3. of the statutes is amended to read:
961.41 (1) (g) 3. More than 500 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 22 years
and 6 months.
283,363
Section 363
. 961.41 (1) (h) 1. of the statutes is amended to read:
961.41 (1) (h) 1. Five hundred grams or less, or 10 or fewer plants containing tetrahydrocannabinols, the person shall be fined not less than $500 nor more than $25,000 and may be imprisoned for not more than 3
4 years and 6 months.
283,364
Section 364
. 961.41 (1) (h) 2. of the statutes is amended to read:
961.41 (1) (h) 2. More than 500 grams but not more than 2,500 grams, or more than 10 plants containing tetrahydrocannabinols but not more than 50 plants containing tetrahydrocannabinols, the person shall be fined not less than $1,000 nor more than $50,000 and shall be imprisoned for not less than 3 months nor more than 5
7 years and 6 months.
283,365
Section 365
. 961.41 (1) (h) 3. of the statutes is amended to read:
961.41 (1) (h) 3. More than 2,500 grams, or more than 50 plants containing tetrahydrocannabinols, the person shall be fined not less than $1,000 nor more than $100,000 and shall be imprisoned for not less than one year nor more than 10 15 years.
283,366
Section 366
. 961.41 (1) (i) of the statutes is amended to read:
961.41 (1) (i) A substance included in schedule IV, may be fined not more than $10,000 or imprisoned for not more than 3 4 years and 6 months or both.
283,367
Section 367
. 961.41 (1) (j) of the statutes is amended to read:
961.41 (1) (j) A substance included in schedule V, may be fined not more than $5,000 or imprisoned for not more than one year 2 years or both.
283,368
Section 368
. 961.41 (1m) (a) of the statutes is amended to read:
961.41 (1m) (a) Except as provided in par. (d), a controlled substance included in schedule I or II which is a narcotic drug or a controlled substance analog of a controlled substance included in schedule I or II which is a narcotic drug, may be fined not more than $25,000 or imprisoned for not more than 15 22 years and 6 months or both.
283,369
Section 369
. 961.41 (1m) (b) of the statutes is amended to read:
961.41 (1m) (b) Except as provided in pars. (cm) and (e) to (h), any other controlled substance included in schedule I, II or III, or a controlled substance analog of any other controlled substance included in schedule I or II, may be fined not more than $15,000 or imprisoned for not more than 5 7 years and 6 months or both.
283,370
Section 370
. 961.41 (1m) (cm) 1. of the statutes is amended to read:
961.41 (1m) (cm) 1. Five grams or less, the person shall be fined not more than $500,000 and may be imprisoned for not more than 10 15 years.
