Amendment ASA1-AB100

AB100-ASA1,1911,2 938.538 (3) (a) 1. Subject to subd. 1m., placement in a Type 1 secured correctional facility, a secured child caring institution or, if the participant is 17 years of age or over or 15 years of age or over and transferred under s. 938.357 (4) (d), a Type 1 prison, as defined in s. 301.01 (5), for a period of not more than 3 years.

AB100-ASA1, s. 3673 Section 3673. 938.538 (3) (a) 1m. of the statutes is amended to read:

AB100-ASA1,1911,10 938.538 (3) (a) 1m. If the participant has been adjudicated delinquent for committing an act that would be a Class A felony if committed by an adult, placement in a Type 1 secured correctional facility, a secured child caring institution or, if the participant is 17 years of age or over or 15 years of age or over and transferred under s. 938.357 (4) (d), a Type 1 prison, as defined in s. 301.01 (5), until the participant reaches 25 years of age, unless the participant is released sooner, subject to a mandatory minimum period of confinement of not less than one year.

AB100-ASA1, s. 3674 Section 3674. 938.538 (5) (a) of the statutes is amended to read:

AB100-ASA1,1911,16 938.538 (5) (a) The office of juvenile offender review program in the division of juvenile corrections in the department may release a participant to aftercare supervision under s. 301.03 (10) (d) at any time after the participant has completed 2 years of participation in the serious juvenile offender program. Aftercare supervision of the participant shall be provided by the department.

AB100-ASA1, s. 3675 Section 3675. 938.538 (5) (c) of the statutes is amended to read:

AB100-ASA1,1911,21 938.538 (5) (c) Sections 938.357 and 938.363 do not apply to changes of placement and revisions of orders for a juvenile who is a participant in the serious juvenile offender program, except that s. 938.357 (4) (d) applies to the transfer of a participant to the Racine youthful offender correctional facility named in s. 302.01.

AB100-ASA1, s. 3676 Section 3676. 938.57 (1) (c) of the statutes is amended to read:

AB100-ASA1,1912,10 938.57 (1) (c) Provide appropriate protection and services for juveniles in its care, including providing services for juveniles and their families in their own homes, placing the juveniles in licensed foster homes, licensed treatment foster homes or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody or contracting for services for them by licensed child welfare agencies or replacing them in juvenile correctional institutions or secured child caring institutions in accordance with rules promulgated under ch. 227, except that the county department may not purchase the educational component of private day treatment programs unless the county department, the school board as defined in s. 115.001 (7) and the secretary of education state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the secretary of education state superintendent of public instruction.

AB100-ASA1, s. 3677 Section 3677. 938.57 (4) of the statutes is amended to read:

AB100-ASA1,1912,22 938.57 (4) A county department may provide aftercare supervision under s. 48.34 938.34 (4n) for juveniles who are released from secured correctional facilities or secured child caring institutions operated by the department. If a county department intends to change its policy regarding whether the county department or the department shall provide aftercare supervision for juveniles released from secured correctional facilities or secured child caring institutions operated by the department, the county executive or county administrator, or, if the county has no county executive or county administrator, the chairperson of the county board of supervisors, or, for multicounty departments, the chairpersons of the county boards of supervisors jointly, shall submit a letter to the department stating that intent before July 1 of the year preceding the year in which the policy change will take effect.

AB100-ASA1, s. 5318m Section 5318m. 943.13 (4m) (b) of the statutes is amended to read:

AB100-ASA1,1912,25 943.13 (4m) (b) A hunter entering land that is required to be open for hunting under s. 29.59 (4m) or 29.598 (7m) (5).

AB100-ASA1, s. 3678 Section 3678. 943.38 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,1913,6 943.38 (1) (intro.) Whoever with intent to defraud falsely makes or alters a writing or object of any of the following kinds so that it purports to have been made by another, or at another time, or with different provisions, or by authority of one who did not give such authority, is guilty of a Class C felony may be penalized as provided in sub. (1m):

AB100-ASA1, s. 3679 Section 3679. 943.38 (1) (a) of the statutes is amended to read:

AB100-ASA1,1913,10 943.38 (1) (a) A writing or object whereby legal rights or obligations are created, terminated or transferred, or any writing commonly relied upon in business or commercial transactions as evidence of debt or property rights; or.

AB100-ASA1, s. 3680 Section 3680. 943.38 (1) (b) of the statutes is amended to read:

AB100-ASA1,1913,13 943.38 (1) (b) A public record or a certified or authenticated copy thereof; or of a public record.

AB100-ASA1, s. 3681 Section 3681. 943.38 (1) (c) of the statutes is amended to read:

AB100-ASA1,1913,16 943.38 (1) (c) An official authentication or certification of a copy of a public record; or.

AB100-ASA1, s. 3682 Section 3682. 943.38 (1m) of the statutes is created to read:

AB100-ASA1,1913,18 943.38 (1m) Whoever violates sub. (1):

AB100-ASA1,1913,20 (a) Is guilty of a Class A misdemeanor if the value or purported value, whichever is greater, of the writing or object does not exceed $1,000.

AB100-ASA1,1913,22 (b) Is guilty of a Class C felony if the value or purported value, whichever is greater, of the writing or object exceeds $1,000.

AB100-ASA1, s. 3683 Section 3683. 943.38 (2) of the statutes is amended to read:

AB100-ASA1,1914,4 943.38 (2) Whoever utters as genuine or possesses with intent to utter as false or as genuine any forged writing or object mentioned in sub. (1), knowing it to have been thus falsely made or altered, is guilty of a Class C felony if the value or purported value, whichever is greater, of the writing or object exceeds $1,000 and a Class A misdemeanor if the value or purported value of the writing or object does not exceed $1,000.

AB100-ASA1, s. 5339j Section 5339j. 943.75 (3) of the statutes is amended to read:

AB100-ASA1,1914,13 943.75 (3) Subsection (2) does not apply to any humane officer, local health officer, peace officer, employe of the department of natural resources while on any land licensed under s. 29.52, 29.573, 29.574, 29.575 or 29.578 or designated as a wildlife refuge under s. 29.57 (1) or employe of the department of agriculture, trade and consumer protection if the officer's or employe's acts are in good faith and in an apparently authorized and reasonable fulfillment of his or her duties. This subsection does not limit any other person from claiming the defense of privilege under s. 939.45 (3).

AB100-ASA1, s. 3684 Section 3684. 944.21 (8) (b) 3. a. of the statutes is amended to read:

AB100-ASA1,1914,17 944.21 (8) (b) 3. a. Is a technical college, is a school approved by the department of education educational approval board under s. 38.51 39.51 or is a school described in s. 38.51 39.51 (9) (f), (g) or (h); and

AB100-ASA1, s. 3685 Section 3685. 945.01 (5) (am) of the statutes is amended to read:

AB100-ASA1,1914,21 945.01 (5) (am) "Lottery" does not include bingo or a raffle conducted under ch. 563, pari-mutuel wagering conducted under ch. 562 or the state lottery or any multistate multijurisdictional lottery conducted under ch. 565.

AB100-ASA1, s. 3686 Section 3686. 945.095 (1) (d), (f), (g) and (h) of the statutes are amended to read:

AB100-ASA1,1915,4 945.095 (1) (d) The person provides the gaming board department of administration, prior to the importation of the gambling devices into the state, all records that account for the gambling devices, including the identification number affixed to each gambling device by the manufacturer, and that identify the location where the gambling devices will be stored prior to the installation of the gambling devices on the vessel.

AB100-ASA1,1915,9 (f) If the person removes used gambling devices from a vessel, the person shall provide the gaming board department of administration with an inventory of the used gambling devices prior to their removal from the vessel. The inventory shall include the identification number affixed to each gambling device by the manufacturer.

AB100-ASA1,1915,13 (g) The person submits documentation to the gaming board department of administration, no later than 30 days after the date of delivery, that the vessel equipped with gambling devices has been delivered to the customer who ordered the work performed on the vessel.

AB100-ASA1,1915,19 (h) The person does not sell a gambling device to any other person except to a customer who shall use or possess the gambling device outside of this state in a locality where the use or possession of the gambling device is lawful. If a person sells a gambling device to such a customer, the person shall submit documentation to the gaming board department of administration, no later than 30 days after the date of delivery, that the gambling device has been delivered to the customer.

AB100-ASA1, s. 3687 Section 3687. 948.11 (4) (b) 3. a. of the statutes is amended to read:

AB100-ASA1,1915,23 948.11 (4) (b) 3. a. Is a technical college, is a school approved by the department of education educational approval board under s. 38.51 39.51 or is a school described in s. 38.51 39.51 (9) (f), (g) or (h); and

AB100-ASA1, s. 5348e Section 5348e. 961.38 (2) of the statutes is amended to read:

AB100-ASA1,1916,6 961.38 (2) In emergency situations, as defined by rule of the pharmacy examining board, schedule II drugs may be dispensed upon oral or electronic prescription of a practitioner, reduced promptly to writing and filed by the pharmacy. Prescriptions shall be retained in conformity with rules of the pharmacy examining board promulgated under s. 961.31. No prescription for a schedule II substance may be refilled.

AB100-ASA1, s. 5348m Section 5348m. 961.38 (3) of the statutes is amended to read:

AB100-ASA1,1916,14 961.38 (3) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a controlled substance included in schedule III or IV, which is a prescription drug, shall not be dispensed without a written or, oral or electronic prescription of a practitioner. The prescription shall not be filled or refilled except as designated on the prescription and in any case not more than 6 months after the date thereof, nor may it be refilled more than 5 times, unless renewed by the practitioner.

AB100-ASA1, s. 5348s Section 5348s. 961.38 (5) of the statutes is amended to read:

AB100-ASA1,1916,18 961.38 (5) No practitioner shall prescribe, orally , electronically or in writing, or take without a prescription a controlled substance included in schedule I, II, III or IV for the practitioner's own personal use.

AB100-ASA1, s. 3688 Section 3688. 967.02 (2) of the statutes is amended to read:

AB100-ASA1,1916,21 967.02 (2) "Department" means the department of corrections, except as provided in ss. 973.135 (1) (a) and s. 975.001.

AB100-ASA1, s. 3689 Section 3689. 973.046 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,1916,25 973.046 (1) (intro.) Beginning on August 12, 1993, if If a court imposes a sentence or places a person on probation under any of the following circumstances, the court shall impose a deoxyribonucleic acid analysis surcharge of $250:

AB100-ASA1, s. 3690 Section 3690. 973.046 (1) (a) of the statutes is amended to read:

AB100-ASA1,1917,2 973.046 (1) (a) The person violated s. 940.225, 943.10 or 948.02 (1) or (2).

AB100-ASA1, s. 3691 Section 3691. 973.05 (1) of the statutes is amended to read:

AB100-ASA1,1918,3 973.05 (1) When a defendant is sentenced to pay a fine, the court may grant permission for the payment of the fine, of the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1), the crime victim and witness assistance surcharge under s. 973.045, the crime laboratories and drug law enforcement assessment imposed by s. 165.755, any applicable deoxyribonucleic acid analysis surcharge under s. 973.046, any applicable drug abuse program improvement surcharge imposed by s. 961.41 (5), any applicable domestic abuse assessment imposed by s. 971.37 (1m) (c) 1. or 973.055, any applicable driver improvement surcharge imposed by s. 346.655, any applicable enforcement assessment imposed by s. 253.06 (4) (c), any applicable weapons assessment imposed by s. 167.31, any applicable uninsured employer assessment imposed by s. 102.85 (4), any applicable environmental assessment imposed by s. 299.93, any applicable wild animal protection assessment imposed by s. 29.9965, any applicable natural resources assessment imposed by s. 29.997 and any applicable natural resources restitution payment imposed by s. 29.998 to be made within a period not to exceed 120 days. If no such permission is embodied in the sentence, the fine, the penalty assessment, the jail assessment, the crime victim and witness assistance surcharge, the crime laboratories and drug law enforcement assessment, any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse program improvement surcharge, any applicable domestic abuse assessment, any applicable driver improvement surcharge, any applicable enforcement assessment, any applicable weapons assessment, any applicable uninsured employer assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment and any applicable natural resources restitution payment shall be payable immediately.

AB100-ASA1, s. 3692 Section 3692. 973.05 (2) of the statutes is amended to read:

AB100-ASA1,1919,10 973.05 (2) When a defendant is sentenced to pay a fine and is also placed on probation, the court may make the payment of the fine, the penalty assessment, the jail assessment, the crime victim and witness assistance surcharge, the crime laboratories and drug law enforcement assessment, any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse program improvement surcharge, any applicable domestic abuse assessment, any applicable uninsured employer assessment, any applicable driver improvement surcharge, any applicable enforcement assessment under s. 253.06 (4) (c), any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment and any applicable natural resources restitution payments a condition of probation. When the payments are made a condition of probation by the court, payments thereon shall be applied first to payment of the penalty assessment until paid in full, shall then be applied to the payment of the jail assessment until paid in full, shall then be applied to the payment of part A of the crime victim and witness assistance surcharge until paid in full, shall then be applied to part B of the crime victim and witness assistance surcharge until paid in full, shall then be applied to the crime laboratories and drug law enforcement assessment until paid in full, shall then be applied to the deoxyribonucleic acid analysis surcharge until paid in full, shall then be applied to the drug abuse improvement surcharge until paid in full, shall then be applied to payment of the driver improvement surcharge until paid in full, shall then be applied to payment of the domestic abuse assessment until paid in full, shall then be applied to payment of the natural resources assessment if applicable until paid in full, shall then be applied to payment of the natural resources restitution payment until paid in full, shall then be applied to the payment of the environmental assessment if applicable until paid in full, shall then be applied to the payment of the wild animal protection assessment if applicable until paid in full, shall then be applied to payment of the weapons assessment until paid in full, shall then be applied to payment of the uninsured employer assessment until paid in full, shall then be applied to payment of the enforcement assessment under s. 253.06 (4) (c), if applicable, until paid in full and shall then be applied to payment of the fine.

AB100-ASA1, s. 3693 Section 3693. 973.05 (5) (a) of the statutes is amended to read:

AB100-ASA1,1920,2 973.05 (5) (a) Upon entry of the assignment under sub. (4) (b), unless the court finds that income withholding is likely to cause the defendant irreparable harm, the court shall provide notice of the assignment by regular mail to the last-known address of the person from whom the defendant receives or will receive money. If the clerk does not receive the money from the person notified, the court shall provide notice of the assignment to any other person from whom the defendant receives or will receive money. Notice under this paragraph may be a notice of the court, a copy of the executed assignment or a copy of that part of the court order directing payment. If the court issues an order under sub. (4) (b) assigning lottery prizes, the court shall send the notice of that order to the administrator of the lottery division of the gaming commission department of revenue, including a statement of the amount owed under the judgment and the name and address of the person owing the judgment. The court shall notify the administrator of the lottery division of the gaming commission department of revenue when the judgment that is the basis of the assignment has been paid in full.

AB100-ASA1, s. 3694 Section 3694. 973.055 (3) of the statutes is amended to read:

AB100-ASA1,1920,6 973.055 (3) All moneys collected from domestic abuse assessments shall be deposited by the state treasurer in s. 20.435 (1) (3) (hh) and utilized in accordance with s. 46.95.

AB100-ASA1, s. 3695 Section 3695. 973.07 of the statutes is amended to read:

AB100-ASA1,1921,4 973.07 Failure to pay fine or costs or to comply with certain community service work. If the fine, costs, penalty assessment, jail assessment, crime victim and witness assistance surcharge, crime laboratories and drug law enforcement assessment, applicable deoxyribonucleic acid analysis surcharge, applicable drug abuse program improvement surcharge, applicable domestic abuse assessment, applicable driver improvement surcharge, applicable enforcement assessment under s. 253.06 (4) (c), applicable weapons assessment, applicable uninsured employer assessment, applicable environmental assessment, applicable wild animal protection assessment, applicable natural resources assessment and applicable natural resources restitution payments are not paid or community service work under s. 943.017 (3) is not completed as required by the sentence, the defendant may be committed to the county jail until the fine, costs, penalty assessment, jail assessment, crime victim and witness assistance surcharge, crime laboratories and drug law enforcement assessment, applicable deoxyribonucleic acid analysis surcharge, applicable drug abuse program improvement surcharge, applicable domestic abuse assessment, applicable driver improvement surcharge, applicable enforcement assessment under s. 253.06 (4) (c), applicable weapons assessment, applicable uninsured employer assessment, applicable environmental assessment, applicable wild animal protection assessment, applicable natural resources assessment or applicable natural resources restitution payments are paid or discharged, or the community service work under s. 943.017 (3) is completed, for a period fixed by the court not to exceed 6 months.

AB100-ASA1, s. 3696 Section 3696. 973.09 (3) (b) of the statutes is amended to read:

AB100-ASA1,1921,20 973.09 (3) (b) The department shall notify the sentencing court, any person to whom unpaid restitution is owed and the district attorney of the status of the ordered restitution payments unpaid at least 90 days before the probation expiration date. If payment as ordered has not been made, the court shall hold a probation review hearing prior to the expiration date, unless the hearing is voluntarily waived by the probationer with the knowledge that waiver may result in an extension of the probation period or in a revocation of probation. If the court does not extend probation, it shall issue a judgment for the unpaid restitution and direct the clerk of circuit court to file and enter the judgment in the judgment and lien docket, without fee, unless it finds that the victim has already recovered a judgment against the probationer for the damages covered by the restitution order. If the court issues a judgment for the unpaid restitution, the court shall send to the person at his or her last-known address written notification that a civil judgment has been issued for the unpaid restitution. The judgment has the same force and effect as judgments entered under s. 806.10.

AB100-ASA1, s. 3697 Section 3697. 973.09 (3) (bm) of the statutes is created to read:

AB100-ASA1,1921,25 973.09 (3) (bm) 1. At least 90 days before the expiration date of a probationer's period of probation, the department may notify the sentencing court and the district attorney that a probationer owes unpaid fees to the department under s. 304.073 or 304.074.

AB100-ASA1,1922,7 2. Upon receiving notice from the department under subd. 1., the court shall schedule a probation review hearing to be held before the expiration date of the period of probation unless the probationer either pays the fees before the scheduled hearing date or voluntarily waives the hearing. A waiver of a probation review hearing under this subdivision shall include an acknowledgement by the probationer that waiver may result in an extension of the probation period, a modification of the terms and conditions of probation or a revocation of probation.

AB100-ASA1,1922,13 3. At a probation review hearing under subd. 2., the department has the burden of proving that the probationer owes unpaid fees under s. 304.073 or 304.074 and the amount of the unpaid fees. If the department proves by a preponderance of the evidence that the probationer owes unpaid fees under s. 304.073 or 304.074, the court may, by order, extend the period of probation for a stated period, modify the terms and conditions of probation or revoke the probationer's probation.

AB100-ASA1,1922,20 4. If the court does not extend, revoke or modify the terms of probation under subd. 3., it shall issue a judgment for the unpaid fees and direct the clerk of circuit court to file and enter the judgment in the judgment and lien docket, without fee. If the court issues a judgment for the unpaid fees, the court shall send to the department a written notification that a civil judgment has been issued for the unpaid fees. The judgment has the same force and effect as judgments entered under s. 806.10.

AB100-ASA1, s. 3698 Section 3698. 973.09 (3) (c) 1. and 2. of the statutes are amended to read:

AB100-ASA1,1922,23 973.09 (3) (c) 1. The probationer has not made a good faith effort to discharge court-ordered payment obligations or to pay fees owed under s. 304.073 or 304.074.

AB100-ASA1,1923,2 2. The probationer is not presently able to make required restitution payments and the probationer and the person to whom restitution is owed consent to the performance of community service work under sub. (7m) in satisfaction of restitution ordered for that person, for which an extended period of probation is required.

AB100-ASA1, s. 3699 Section 3699. 973.135 (title) of the statutes is amended to read:

AB100-ASA1,1923,5 973.135 (title) Courts to report convictions to the department of education state superintendent of public instruction.

AB100-ASA1, s. 3700 Section 3700. 973.135 (1) (a) of the statutes is repealed.

AB100-ASA1, s. 3701 Section 3701. 973.135 (1) (am) of the statutes is renumbered 973.135 (1) (a).

AB100-ASA1, s. 3702 Section 3702. 973.135 (1) (b) of the statutes is created to read:

AB100-ASA1,1923,10 973.135 (1) (b) "State superintendent" means the state superintendent of public instruction.

AB100-ASA1, s. 3703 Section 3703. 973.135 (2) of the statutes is amended to read:

AB100-ASA1,1923,17 973.135 (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 department state superintendent the record of conviction.

AB100-ASA1, s. 3704 Section 3704. 973.135 (3) of the statutes is amended to read:

AB100-ASA1,1923,21 973.135 (3) If a conviction under sub. (2) is reversed, set aside or vacated, the clerk of the court shall promptly forward to the department state superintendent a certificate stating that the conviction has been reversed, set aside or vacated.

AB100-ASA1, s. 3705 Section 3705. 977.08 (5) (b) (intro.) of the statutes is amended to read:

AB100-ASA1,1923,25 977.08 (5) (b) (intro.) Any Except as provided in par. (bn), any of the following constitutes an annual caseload standard for an assistant state public defender in the subunit responsible for trials:

AB100-ASA1, s. 3706 Section 3706. 977.08 (5) (bn) of the statutes is created to read:

AB100-ASA1,1924,5 977.08 (5) (bn) Beginning on the effective date of this paragraph .... [revisor inserts date], and ending on June 30, 1999, any of the following constitutes an annual caseload standard for an assistant state public defender in the subunit responsible for trials:

AB100-ASA1,1924,6 1. Felony cases not specified in subd. 1m.: 184.5.

AB100-ASA1,1924,7 1m. First-degree intentional homicide cases: 15.

AB100-ASA1,1924,8 1r. Cases representing persons under ss. 980.05 and 980.06: 15.