AB351-SSA1,113,1917
961.41
(1m) (e) 4. More than 50 grams but not more than 200 grams, the person
18shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
19for not less than 3 years nor more than
15 22 years
and 6 months.
AB351-SSA1,113,2321
961.41
(1m) (e) 5. More than 200 grams but not more than 400 grams, the
22person shall be fined not less than $1,000 nor more than $500,000 and shall be
23imprisoned for not less than 5 years nor more than
15
22 years
and 6 months.
AB351-SSA1,114,3
1961.41
(1m) (e) 6. More than 400 grams, the person shall be fined not less than
2$1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years
3nor more than
30 45 years.
AB351-SSA1,114,75
961.41
(1m) (f) 1. One gram or less, the person shall be fined not less than
6$1,000 nor more than $100,000 and may be imprisoned for not more than
5 7 years
7and 6 months.
AB351-SSA1,114,119
961.41
(1m) (f) 2. More than one gram but not more than 5 grams, the person
10shall be fined not less than $1,000 nor more than $200,000 and shall be imprisoned
11for not less than 6 months nor more than
5 7 years
and 6 months.
AB351-SSA1,114,1513
961.41
(1m) (f) 3. More than 5 grams, the person shall be fined not less than
14$1,000 nor more than $500,000 and shall be imprisoned for not less than one year
15nor more than
15 22 years
and 6 months.
AB351-SSA1,114,1917
961.41
(1m) (g) 1. One hundred grams or less, the person shall be fined not less
18than $1,000 nor more than $100,000 and may be imprisoned for not more than
5 7 19years
and 6 months.
AB351-SSA1,114,2321
961.41
(1m) (g) 2. More than 100 grams but not more than 500 grams, the
22person shall be fined not less than $1,000 nor more than $200,000 and shall be
23imprisoned for not less than 6 months nor more than
5
7 years
and 6 months.
AB351-SSA1,115,3
1961.41
(1m) (g) 3. More than 500 grams, the person shall be fined not less than
2$1,000 nor more than $500,000 and shall be imprisoned for not less than one year
3nor more than
15 22 years
and 6 months.
AB351-SSA1,115,75
961.41
(1m) (h) 1. Five hundred grams or less, or 10 or fewer plants containing
6tetrahydrocannabinols, the person shall be fined not less than $500 nor more than
7$25,000 and may be imprisoned for not more than
3
4 years
and 6 months.
AB351-SSA1,115,139
961.41
(1m) (h) 2. More than 500 grams but not more than 2,500 grams, or more
10than 10 plants containing tetrahydrocannabinols but not more than 50 plants
11containing tetrahydrocannabinols, the person shall be fined not less than $1,000 nor
12more than $50,000 and shall be imprisoned for not less than 3 months nor more than
135 7 years
and 6 months.
AB351-SSA1,115,1815
961.41
(1m) (h) 3. More than 2,500 grams, or more than 50 plants containing
16tetrahydrocannabinols, the person shall be fined not less than $1,000 nor more than
17$100,000 and shall be imprisoned for not less than one year nor more than
10 15 18years.
AB351-SSA1,115,2120
961.41
(1m) (i) A substance included in schedule IV, may be fined not more than
21$10,000 or imprisoned for not more than
3 4 years
and 6 months or both.
AB351-SSA1,115,2423
961.41
(1m) (j) A substance included in schedule V, may be fined not more than
24$5,000 or imprisoned for not more than
one year 2 years or both.
AB351-SSA1,116,2
1961.41
(1n) (c) A person who violates par. (a) or (b) may be fined not more than
2$250,000 or imprisoned for not more than
10 15 years or both.
AB351-SSA1,116,64
961.41
(2) (a) A counterfeit substance included in schedule I or II which is a
5narcotic drug, may be fined not more than $25,000 or imprisoned for not more than
615 22 years
and 6 months or both.
AB351-SSA1,116,108
961.41
(2) (b) Any other counterfeit substance included in schedule I, II or III,
9may be fined not more than $15,000 or imprisoned for not more than
5 7 years
and
106 months or both.
AB351-SSA1,116,1312
961.41
(2) (c) A counterfeit substance included in schedule IV, may be fined not
13more than $10,000 or imprisoned for not more than
3
4 years
and 6 months or both.
AB351-SSA1,116,1615
961.41
(2) (d) A counterfeit substance included in schedule V, may be fined not
16more than $5,000 or imprisoned for not more than
one year 2 years or both.
AB351-SSA1,116,2418
961.41
(3g) (a) 1. Except as provided in subd. 2., if the person possesses a
19controlled substance included in schedule I or II which is a narcotic drug or possesses
20a controlled substance analog of a controlled substance included in schedule I or II
21which is a narcotic drug, the person may, upon a first conviction, be fined not more
22than $5,000 or imprisoned for not more than
one year
2 or both, and for a 2nd or
23subsequent offense, the person may be fined not more than $10,000 or imprisoned
24for not more than
2 3 years or both.
AB351-SSA1,117,3
1961.41
(3g) (a) 2. If the person possesses or attempts to possess heroin or a
2controlled substance analog of heroin, the person may be fined not more than $5,000
3or imprisoned for not more than
one year 2 years or both.
AB351-SSA1,117,65
961.41
(4) (am) 3. A person convicted of violating this paragraph may be fined
6not more than $5,000 or imprisoned for not more than
one year 2 years or both.
AB351-SSA1,117,98
961.42
(2) Any person who violates this section may be fined not more than
9$25,000 or imprisoned not more than
one year 2 years or both.
AB351-SSA1,117,1211
961.43
(2) Any person who violates this section may be fined not more than
12$30,000 or imprisoned not more than
4 6 years or both.
AB351-SSA1,117,1714
961.455
(1) Any person who has attained the age of 17 years who knowingly
15solicits, hires, directs, employs or uses a person who is 17 years of age or under for
16the purpose of violating s. 961.41 (1) may be fined not more than $50,000 or
17imprisoned for not more than
10 15 years or both.
AB351-SSA1,118,819
961.49
(2) (a) Except as provided in par. (b), if any person violates s. 961.41 (1)
20by delivering or distributing, or violates s. 961.41 (1m) by possessing with intent to
21deliver or distribute, a controlled substance included in schedule I or II or a
22controlled substance analog of a controlled substance included in schedule I or II
23while in or on the premises of a scattered-site public housing project, while in or on
24or otherwise within 1,000 feet of a state, county, city, village or town park, a jail or
25correctional facility, a multiunit public housing project, a swimming pool open to
1members of the public, a youth center or a community center, while in or on or
2otherwise within 1,000 feet of any private or public school premises or while in or on
3or otherwise within 1,000 feet of a school bus, as defined in s. 340.01 (56), the court
4shall sentence the person to at least 3 years in prison, but otherwise the penalties
5for the crime apply. Except as provided in s. 961.438, the court shall not place the
6person on probation.
The Except as provided in s. 973.01 (6), the person is not eligible
7for parole until he or she has served at least 3 years, with no modification by the
8calculation under s. 302.11 (1).
AB351-SSA1,118,1710
961.49
(2) (b) If the conduct described in par. (a) involves only the delivery or
11distribution, or the possession with intent to deliver or distribute, of not more than
1225 grams of tetrahydrocannabinols, included in s. 961.14 (4) (t), or not more than 5
13plants containing tetrahydrocannabinols, the court shall sentence the person to at
14least one year in prison, but otherwise the penalties for the crime apply. Except as
15provided in s. 961.438, the court shall not place the person on probation.
The Except
16as provided in s. 973.01 (6), the person is not eligible for parole until he or she has
17served at least one year, with no modification by the calculation under s. 302.11 (1).
AB351-SSA1,118,2219
968.31
(1) (intro.) Except as otherwise specifically provided in ss. 196.63 or
20968.28 to 968.30, whoever commits any of the acts enumerated in this section may
21be fined not more than $10,000 or imprisoned for not more than
5 7 years
and 6
22months or both:
AB351-SSA1,118,2524
968.34
(3) Whoever knowingly violates sub. (1) shall be fined not more than
25$10,000 or imprisoned
for not more than
one year 2 years or both.
AB351-SSA1, s. 413
1Section
413. 968.43 (3) of the statutes, as affected by 1996 Supreme Court
2Order 96-08, is repealed and recreated to read:
AB351-SSA1,119,43
968.43
(3) Any person who violates an oath or affirmation required by sub. (2)
4may be imprisoned for not more than 7 years and 6 months.
AB351-SSA1,119,236
969.01
(4) Considerations in setting conditions of release. If bail is imposed,
7it shall be only in the amount found necessary to assure the appearance of the
8defendant. Conditions of release, other than monetary conditions, may be imposed
9for the purpose of protecting members of the community from serious bodily harm
10or preventing intimidation of witnesses. Proper considerations in determining
11whether to release the defendant without bail, fixing a reasonable amount of bail or
12imposing other reasonable conditions of release are: the ability of the arrested person
13to give bail, the nature, number and gravity of the offenses and the potential penalty
14the defendant faces, whether the alleged acts were violent in nature, the defendant's
15prior record of criminal convictions and delinquency adjudications, if any, the
16character, health, residence and reputation of the defendant, the character and
17strength of the evidence which has been presented to the judge, whether the
18defendant is currently on probation
, extended supervision or parole, whether the
19defendant is already on bail or subject to other release conditions in other pending
20cases, whether the defendant has been bound over for trial after a preliminary
21examination, whether the defendant has in the past forfeited bail or violated a
22condition of release or was a fugitive from justice at the time of arrest, and the policy
23against unnecessary detention of the defendant's pending trial.
AB351-SSA1,120,10
1971.11
(1) Whenever the warden or superintendent receives notice of an
2untried criminal case pending in this state against an inmate of a state prison, the
3warden or superintendent shall, at the request of the inmate, send by certified mail
4a written request to the district attorney for prompt disposition of the case. The
5request shall state the sentence then being served, the date of parole eligibility, if
6applicable,
or the date of release to extended supervision, the approximate discharge
7or conditional release date, and prior decision relating to parole. If there has been
8no preliminary examination on the pending case, the request shall state whether the
9inmate waives such examination, and, if so, shall be accompanied by a written
10waiver signed by the inmate.
AB351-SSA1,120,1212
972.13
(6) The following forms may be used for judgments:
AB351-SSA1,120,1313
STATE OF WISCONSIN
AB351-SSA1,120,1616
The State of Wisconsin
AB351-SSA1,120,1818
....(Name of defendant)
AB351-SSA1,120,1919
UPON ALL THE FILES, RECORDS AND PROCEEDINGS,
AB351-SSA1,120,2520
IT IS ADJUDGED That the defendant has been convicted upon the defendant's
21plea of guilty (not guilty and a verdict of guilty) (not guilty and a finding of guilty)
22(no contest) on the.... day of...., 19.., of the crime of.... in violation of s.....; and the court
23having asked the defendant whether the defendant has anything to state why
24sentence should not be pronounced, and no sufficient grounds to the contrary being
25shown or appearing to the court.
AB351-SSA1,121,1
1*IT IS ADJUDGED That the defendant is guilty as convicted.
AB351-SSA1,121,32
*IT IS ADJUDGED That the defendant is hereby committed to the Wisconsin
3state prisons (county jail of.... county) for an indeterminate term of not more than.....
AB351-SSA1,121,6
4*IT IS ADJUDGED That the defendant is ordered to serve a bifurcated
5sentence consisting of .... year(s) of confinement in prison and .... months/years of
6extended supervision.
AB351-SSA1,121,97
*IT IS ADJUDGED That the defendant is placed in the intensive sanctions
8program subject to the limitations of section 973.032 (3) of the Wisconsin Statutes
9and the following conditions:....
AB351-SSA1,121,1210
*IT IS ADJUDGED That the defendant is hereby committed to detention in
11(the defendant's place of residence or place designated by judge) for a term of not
12more than....
AB351-SSA1,121,1413
*IT IS ADJUDGED That the defendant is ordered to pay a fine of $.... (and the
14costs of this action).
AB351-SSA1,121,1515
*IT IS ADJUDGED That the defendant pay restitution to....
AB351-SSA1,121,1716
*IT IS ADJUDGED That the defendant is restricted in his or her use of
17computers as follows:....
AB351-SSA1,121,1918
*The.... at.... is designated as the Reception Center to which the defendant shall
19be delivered by the sheriff.
AB351-SSA1,121,2120
*IT IS ORDERED That the clerk deliver a duplicate original of this judgment
21to the sheriff who shall forthwith execute the same and deliver it to the warden.
AB351-SSA1,121,2222
Dated this.... day of...., 19...
AB351-SSA1,121,2323
BY THE COURT....
AB351-SSA1,121,2424
Date of Offense....,
AB351-SSA1,121,2525
District Attorney....,
AB351-SSA1,122,1
1Defense Attorney....
AB351-SSA1,122,22
*Strike inapplicable paragraphs.