Amendment SSA1-AB351

AB351-SSA1, s. 376 Section 376. 961.41 (1m) (d) 2. of the statutes is amended to read:

AB351-SSA1,112,12 961.41 (1m) (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 $200,000 and shall be imprisoned for not less than 6 months nor more than 15 22 years and 6 months.

AB351-SSA1, s. 377 Section 377. 961.41 (1m) (d) 3. of the statutes is amended to read:

AB351-SSA1,112,16 961.41 (1m) (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.

AB351-SSA1, s. 378 Section 378. 961.41 (1m) (d) 4. of the statutes is amended to read:

AB351-SSA1,112,20 961.41 (1m) (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.

AB351-SSA1, s. 379 Section 379. 961.41 (1m) (d) 5. of the statutes is amended to read:

AB351-SSA1,112,24 961.41 (1m) (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.

AB351-SSA1, s. 380 Section 380. 961.41 (1m) (d) 6. of the statutes is amended to read:

AB351-SSA1,113,3 961.41 (1m) (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.

AB351-SSA1, s. 381 Section 381. 961.41 (1m) (e) 1. of the statutes is amended to read:

AB351-SSA1,113,7 961.41 (1m) (e) 1. Three grams or less, the person shall be fined not less than $1,000 nor more than $100,000 and may be imprisoned for not more than 5 7 years and 6 months.

AB351-SSA1, s. 382 Section 382. 961.41 (1m) (e) 2. of the statutes is amended to read:

AB351-SSA1,113,11 961.41 (1m) (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 $200,000 and shall be imprisoned for not less than 6 months nor more than 5 7 years and 6 months.

AB351-SSA1, s. 383 Section 383. 961.41 (1m) (e) 3. of the statutes is amended to read:

AB351-SSA1,113,15 961.41 (1m) (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.

AB351-SSA1, s. 384 Section 384. 961.41 (1m) (e) 4. of the statutes is amended to read:

AB351-SSA1,113,19 961.41 (1m) (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.

AB351-SSA1, s. 385 Section 385. 961.41 (1m) (e) 5. of the statutes is amended to read:

AB351-SSA1,113,23 961.41 (1m) (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.

AB351-SSA1, s. 386 Section 386. 961.41 (1m) (e) 6. of the statutes is amended to read:

AB351-SSA1,114,3 961.41 (1m) (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.

AB351-SSA1, s. 387 Section 387. 961.41 (1m) (f) 1. of the statutes is amended to read:

AB351-SSA1,114,7 961.41 (1m) (f) 1. One gram or less, the person shall be fined not less than $1,000 nor more than $100,000 and may be imprisoned for not more than 5 7 years and 6 months.

AB351-SSA1, s. 388 Section 388. 961.41 (1m) (f) 2. of the statutes is amended to read:

AB351-SSA1,114,11 961.41 (1m) (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 $200,000 and shall be imprisoned for not less than 6 months nor more than 5 7 years and 6 months.

AB351-SSA1, s. 389 Section 389. 961.41 (1m) (f) 3. of the statutes is amended to read:

AB351-SSA1,114,15 961.41 (1m) (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.

AB351-SSA1, s. 390 Section 390. 961.41 (1m) (g) 1. of the statutes is amended to read:

AB351-SSA1,114,19 961.41 (1m) (g) 1. One hundred grams or less, the person shall be fined not less than $1,000 nor more than $100,000 and may be imprisoned for not more than 5 7 years and 6 months.

AB351-SSA1, s. 391 Section 391. 961.41 (1m) (g) 2. of the statutes is amended to read:

AB351-SSA1,114,23 961.41 (1m) (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 $200,000 and shall be imprisoned for not less than 6 months nor more than 5 7 years and 6 months.

AB351-SSA1, s. 392 Section 392. 961.41 (1m) (g) 3. of the statutes is amended to read:

AB351-SSA1,115,3 961.41 (1m) (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.

AB351-SSA1, s. 393 Section 393. 961.41 (1m) (h) 1. of the statutes is amended to read:

AB351-SSA1,115,7 961.41 (1m) (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.

AB351-SSA1, s. 394 Section 394. 961.41 (1m) (h) 2. of the statutes is amended to read:

AB351-SSA1,115,13 961.41 (1m) (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.

AB351-SSA1, s. 395 Section 395. 961.41 (1m) (h) 3. of the statutes is amended to read:

AB351-SSA1,115,18 961.41 (1m) (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.

AB351-SSA1, s. 396 Section 396. 961.41 (1m) (i) of the statutes is amended to read:

AB351-SSA1,115,21 961.41 (1m) (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.

AB351-SSA1, s. 397 Section 397. 961.41 (1m) (j) of the statutes is amended to read:

AB351-SSA1,115,24 961.41 (1m) (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.

AB351-SSA1, s. 398 Section 398. 961.41 (1n) (c) of the statutes is amended to read:

AB351-SSA1,116,2 961.41 (1n) (c) A person who violates par. (a) or (b) may be fined not more than $250,000 or imprisoned for not more than 10 15 years or both.

AB351-SSA1, s. 399 Section 399. 961.41 (2) (a) of the statutes is amended to read:

AB351-SSA1,116,6 961.41 (2) (a) A counterfeit 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.

AB351-SSA1, s. 400 Section 400. 961.41 (2) (b) of the statutes is amended to read:

AB351-SSA1,116,10 961.41 (2) (b) Any other counterfeit substance included in schedule I, II or III, may be fined not more than $15,000 or imprisoned for not more than 5 7 years and 6 months or both.

AB351-SSA1, s. 401 Section 401. 961.41 (2) (c) of the statutes is amended to read:

AB351-SSA1,116,13 961.41 (2) (c) A counterfeit 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.

AB351-SSA1, s. 402 Section 402. 961.41 (2) (d) of the statutes is amended to read:

AB351-SSA1,116,16 961.41 (2) (d) A counterfeit 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.

AB351-SSA1, s. 403 Section 403. 961.41 (3g) (a) 1. of the statutes is amended to read:

AB351-SSA1,116,24 961.41 (3g) (a) 1. Except as provided in subd. 2., if the person possesses a controlled substance included in schedule I or II which is a narcotic drug or possesses a controlled substance analog of a controlled substance included in schedule I or II which is a narcotic drug, the person may, upon a first conviction, be fined not more than $5,000 or imprisoned for not more than one year 2 or both, and for a 2nd or subsequent offense, the person may be fined not more than $10,000 or imprisoned for not more than 2 3 years or both.

AB351-SSA1, s. 404 Section 404. 961.41 (3g) (a) 2. of the statutes is amended to read:

AB351-SSA1,117,3 961.41 (3g) (a) 2. If the person possesses or attempts to possess heroin or a controlled substance analog of heroin, the person may be fined not more than $5,000 or imprisoned for not more than one year 2 years or both.

AB351-SSA1, s. 405 Section 405. 961.41 (4) (am) 3. of the statutes is amended to read:

AB351-SSA1,117,6 961.41 (4) (am) 3. A person convicted of violating this paragraph may be fined not more than $5,000 or imprisoned for not more than one year 2 years or both.

AB351-SSA1, s. 406 Section 406. 961.42 (2) of the statutes is amended to read:

AB351-SSA1,117,9 961.42 (2) Any person who violates this section may be fined not more than $25,000 or imprisoned not more than one year 2 years or both.

AB351-SSA1, s. 407 Section 407. 961.43 (2) of the statutes is amended to read:

AB351-SSA1,117,12 961.43 (2) Any person who violates this section may be fined not more than $30,000 or imprisoned not more than 4 6 years or both.

AB351-SSA1, s. 408 Section 408. 961.455 (1) of the statutes is amended to read:

AB351-SSA1,117,17 961.455 (1) Any person who has attained the age of 17 years who knowingly solicits, hires, directs, employs or uses a person who is 17 years of age or under for the purpose of violating s. 961.41 (1) may be fined not more than $50,000 or imprisoned for not more than 10 15 years or both.

AB351-SSA1, s. 409 Section 409. 961.49 (2) (a) of the statutes is amended to read:

AB351-SSA1,118,8 961.49 (2) (a) Except as provided in par. (b), if any person violates s. 961.41 (1) by delivering or distributing, or violates s. 961.41 (1m) by possessing with intent to deliver or distribute, a controlled substance included in schedule I or II or a controlled substance analog of a controlled substance included in schedule I or II while in or on the premises of a scattered-site public housing project, while in or on or otherwise within 1,000 feet of a state, county, city, village or town park, a jail or correctional facility, a multiunit public housing project, a swimming pool open to members of the public, a youth center or a community center, while in or on or otherwise within 1,000 feet of any private or public school premises or while in or on or otherwise within 1,000 feet of a school bus, as defined in s. 340.01 (56), the court shall sentence the person to at least 3 years in prison, but otherwise the penalties for the crime apply. Except as provided in s. 961.438, the court shall not place the person on probation. The Except as provided in s. 973.01 (6), the person is not eligible for parole until he or she has served at least 3 years, with no modification by the calculation under s. 302.11 (1).

AB351-SSA1, s. 410 Section 410. 961.49 (2) (b) of the statutes is amended to read:

AB351-SSA1,118,17 961.49 (2) (b) If the conduct described in par. (a) involves only the delivery or distribution, or the possession with intent to deliver or distribute, of not more than 25 grams of tetrahydrocannabinols, included in s. 961.14 (4) (t), or not more than 5 plants containing tetrahydrocannabinols, the court shall sentence the person to at least one year in prison, but otherwise the penalties for the crime apply. Except as provided in s. 961.438, the court shall not place the person on probation. The Except as provided in s. 973.01 (6), the person is not eligible for parole until he or she has served at least one year, with no modification by the calculation under s. 302.11 (1).

AB351-SSA1, s. 411 Section 411. 968.31 (1) (intro.) of the statutes is amended to read:

AB351-SSA1,118,22 968.31 (1) (intro.) Except as otherwise specifically provided in ss. 196.63 or 968.28 to 968.30, whoever commits any of the acts enumerated in this section may be fined not more than $10,000 or imprisoned for not more than 5 7 years and 6 months or both:

AB351-SSA1, s. 412 Section 412. 968.34 (3) of the statutes is amended to read:

AB351-SSA1,118,25 968.34 (3) Whoever knowingly violates sub. (1) shall be fined not more than $10,000 or imprisoned for not more than one year 2 years or both.

AB351-SSA1, s. 413 Section 413. 968.43 (3) of the statutes, as affected by 1996 Supreme Court Order 96-08, is repealed and recreated to read:

AB351-SSA1,119,4 968.43 (3) Any person who violates an oath or affirmation required by sub. (2) may be imprisoned for not more than 7 years and 6 months.

AB351-SSA1, s. 414 Section 414. 969.01 (4) of the statutes is amended to read:

AB351-SSA1,119,23 969.01 (4) Considerations in setting conditions of release. If bail is imposed, it shall be only in the amount found necessary to assure the appearance of the defendant. Conditions of release, other than monetary conditions, may be imposed for the purpose of protecting members of the community from serious bodily harm or preventing intimidation of witnesses. Proper considerations in determining whether to release the defendant without bail, fixing a reasonable amount of bail or imposing other reasonable conditions of release are: the ability of the arrested person to give bail, the nature, number and gravity of the offenses and the potential penalty the defendant faces, whether the alleged acts were violent in nature, the defendant's prior record of criminal convictions and delinquency adjudications, if any, the character, health, residence and reputation of the defendant, the character and strength of the evidence which has been presented to the judge, whether the defendant is currently on probation, extended supervision or parole, whether the defendant is already on bail or subject to other release conditions in other pending cases, whether the defendant has been bound over for trial after a preliminary examination, whether the defendant has in the past forfeited bail or violated a condition of release or was a fugitive from justice at the time of arrest, and the policy against unnecessary detention of the defendant's pending trial.

AB351-SSA1, s. 415 Section 415. 971.11 (1) of the statutes is amended to read:

AB351-SSA1,120,10 971.11 (1) Whenever the warden or superintendent receives notice of an untried criminal case pending in this state against an inmate of a state prison, the warden or superintendent shall, at the request of the inmate, send by certified mail a written request to the district attorney for prompt disposition of the case. The request shall state the sentence then being served, the date of parole eligibility, if applicable, or the date of release to extended supervision, the approximate discharge or conditional release date, and prior decision relating to parole. If there has been no preliminary examination on the pending case, the request shall state whether the inmate waives such examination, and, if so, shall be accompanied by a written waiver signed by the inmate.

AB351-SSA1, s. 416 Section 416. 972.13 (6) of the statutes is amended to read:

AB351-SSA1,120,12 972.13 (6) The following forms may be used for judgments:

AB351-SSA1,120,13 STATE OF WISCONSIN

AB351-SSA1,120,14 .... County

AB351-SSA1,120,15 In.... Court

AB351-SSA1,120,16 The State of Wisconsin

AB351-SSA1,120,17 vs.

AB351-SSA1,120,18 ....(Name of defendant)

AB351-SSA1,120,19 UPON ALL THE FILES, RECORDS AND PROCEEDINGS,