Amendment SSA1-SB345

SB345-SSA1,100,18 939.62 (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.

SB345-SSA1, s. 321 Section 321. 940.20 (2m) (title) of the statutes is amended to read:

SB345-SSA1,100,21 940.20 (2m) (title) Battery to probation , extended supervision and parole agents and aftercare agents.

SB345-SSA1, s. 322 Section 322. 940.20 (2m) (a) 2. of the statutes is amended to read:

SB345-SSA1,100,25 940.20 (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.

SB345-SSA1, s. 323 Section 323. 940.20 (2m) (b) of the statutes is amended to read:

SB345-SSA1,101,6 940.20 (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.

SB345-SSA1, s. 324 Section 324. 942.06 (2m) (a) of the statutes is amended to read:

SB345-SSA1,101,10 942.06 (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.

SB345-SSA1, s. 325 Section 325. 942.06 (2q) (a) (intro.) of the statutes is amended to read:

SB345-SSA1,101,15 942.06 (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:

SB345-SSA1, s. 326 Section 326. 946.42 (1) (a) of the statutes is amended to read:

SB345-SSA1,102,7 946.42 (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).

SB345-SSA1, s. 327 Section 327. 946.46 of the statutes is amended to read:

SB345-SSA1,102,15 946.46 (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.

SB345-SSA1, s. 328 Section 328. 946.85 (1) of the statutes is amended to read:

SB345-SSA1,102,21 946.85 (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.

SB345-SSA1, s. 329 Section 329. 950.045 of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

SB345-SSA1,103,19 950.045 (title) Victims; application for parole, extended supervision or pardon; releases; escapes; corrections programs. Victims of crimes have the right to provide written statements concerning parole applications under s. 304.06 (1) (e), to have direct input in the parole decision-making process under s. 304.06 (1) (em) and to provide written statements concerning pardon applications under s. 304.10 (2). Victims of crimes have the right to be notified by district attorneys under s. 971.17 (4m) regarding conditional releases under s. 971.17. Victims of crimes have the right to be notified by the department of health and family services under s. 971.17 (6m) regarding terminations or discharges under s. 971.17. Victims of crimes have the right to be notified by the department of corrections 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. 302.115 regarding the expiration of sentences and under s. 304.063 regarding extended supervision and parole releases. Victims of acts of sexual violence have the right to be notified by the department of health and family services under s. 980.11 regarding supervised releases under s. 980.06 and discharges under s. 980.09 or 980.10. Victims have the right to be notified of the registration of a person and the update of information regarding that person under s. 301.46. Victims of crimes have the right to be sent a copy of an inmate's petition for extended supervision and to be notified of the hearing on that petition under s. 302.114 (6).

SB345-SSA1, s. 330 Section 330. 961.41 (1) (a) of the statutes is amended to read:

SB345-SSA1,103,25 961.41 (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.

SB345-SSA1, s. 331 Section 331. 961.41 (1) (b) of the statutes is amended to read:

SB345-SSA1,104,5 961.41 (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.

SB345-SSA1, s. 332 Section 332. 961.41 (1) (cm) 1. of the statutes is amended to read:

SB345-SSA1,104,8 961.41 (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.

SB345-SSA1, s. 333 Section 333. 961.41 (1) (cm) 2. of the statutes is amended to read:

SB345-SSA1,104,12 961.41 (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.

SB345-SSA1, s. 334 Section 334. 961.41 (1) (cm) 3. of the statutes is amended to read:

SB345-SSA1,104,16 961.41 (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.

SB345-SSA1, s. 335 Section 335. 961.41 (1) (cm) 4. of the statutes is amended to read:

SB345-SSA1,104,20 961.41 (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.

SB345-SSA1, s. 336 Section 336. 961.41 (1) (cm) 5. of the statutes is amended to read:

SB345-SSA1,104,24 961.41 (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.

SB345-SSA1, s. 337 Section 337. 961.41 (1) (d) 1. of the statutes is amended to read:

SB345-SSA1,105,3 961.41 (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.

SB345-SSA1, s. 338 Section 338. 961.41 (1) (d) 2. of the statutes is amended to read:

SB345-SSA1,105,7 961.41 (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.

SB345-SSA1, s. 339 Section 339. 961.41 (1) (d) 3. of the statutes is amended to read:

SB345-SSA1,105,11 961.41 (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.

SB345-SSA1, s. 340 Section 340. 961.41 (1) (d) 4. of the statutes is amended to read:

SB345-SSA1,105,15 961.41 (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.

SB345-SSA1, s. 341 Section 341. 961.41 (1) (d) 5. of the statutes is amended to read:

SB345-SSA1,105,19 961.41 (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.

SB345-SSA1, s. 342 Section 342. 961.41 (1) (d) 6. of the statutes is amended to read:

SB345-SSA1,105,23 961.41 (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.

SB345-SSA1, s. 343 Section 343. 961.41 (1) (e) 1. of the statutes is amended to read:

SB345-SSA1,106,3 961.41 (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.

SB345-SSA1, s. 344 Section 344. 961.41 (1) (e) 2. of the statutes is amended to read:

SB345-SSA1,106,7 961.41 (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.

SB345-SSA1, s. 345 Section 345. 961.41 (1) (e) 3. of the statutes is amended to read:

SB345-SSA1,106,11 961.41 (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.

SB345-SSA1, s. 346 Section 346. 961.41 (1) (e) 4. of the statutes is amended to read:

SB345-SSA1,106,15 961.41 (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.

SB345-SSA1, s. 347 Section 347. 961.41 (1) (e) 5. of the statutes is amended to read:

SB345-SSA1,106,19 961.41 (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.

SB345-SSA1, s. 348 Section 348. 961.41 (1) (e) 6. of the statutes is amended to read:

SB345-SSA1,106,23 961.41 (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.

SB345-SSA1, s. 349 Section 349. 961.41 (1) (f) 1. of the statutes is amended to read:

SB345-SSA1,107,3 961.41 (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.

SB345-SSA1, s. 350 Section 350. 961.41 (1) (f) 2. of the statutes is amended to read:

SB345-SSA1,107,7 961.41 (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.

SB345-SSA1, s. 351 Section 351. 961.41 (1) (f) 3. of the statutes is amended to read:

SB345-SSA1,107,11 961.41 (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.

SB345-SSA1, s. 352 Section 352. 961.41 (1) (g) 1. of the statutes is amended to read:

SB345-SSA1,107,15 961.41 (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.

SB345-SSA1, s. 353 Section 353. 961.41 (1) (g) 2. of the statutes is amended to read:

SB345-SSA1,107,19 961.41 (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.

SB345-SSA1, s. 354 Section 354. 961.41 (1) (g) 3. of the statutes is amended to read:

SB345-SSA1,107,23 961.41 (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.

SB345-SSA1, s. 355 Section 355. 961.41 (1) (h) 1. of the statutes is amended to read:

SB345-SSA1,108,3 961.41 (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.

SB345-SSA1, s. 356 Section 356. 961.41 (1) (h) 2. of the statutes is amended to read:

SB345-SSA1,108,9 961.41 (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.

SB345-SSA1, s. 357 Section 357. 961.41 (1) (h) 3. of the statutes is amended to read:

SB345-SSA1,108,14 961.41 (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.

SB345-SSA1, s. 358 Section 358. 961.41 (1) (i) of the statutes is amended to read:

SB345-SSA1,108,17 961.41 (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.

SB345-SSA1, s. 359 Section 359. 961.41 (1) (j) of the statutes is amended to read:

SB345-SSA1,108,20 961.41 (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.

SB345-SSA1, s. 360 Section 360. 961.41 (1m) (a) of the statutes is amended to read:

SB345-SSA1,109,2 961.41 (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.

SB345-SSA1, s. 361 Section 361. 961.41 (1m) (b) of the statutes is amended to read:

SB345-SSA1,109,7 961.41 (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.

SB345-SSA1, s. 362 Section 362. 961.41 (1m) (cm) 1. of the statutes is amended to read:

SB345-SSA1,109,10 961.41 (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.

SB345-SSA1, s. 363 Section 363. 961.41 (1m) (cm) 2. of the statutes is amended to read:

SB345-SSA1,109,14 961.41 (1m) (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.

SB345-SSA1, s. 364 Section 364. 961.41 (1m) (cm) 3. of the statutes is amended to read:

SB345-SSA1,109,18 961.41 (1m) (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.