SB77-SSA1,1913,2221
(b) Is guilty of a Class C felony if the value or purported value, whichever is
22greater, of the writing or object exceeds $1,000.
SB77-SSA1,1914,424
943.38
(2) Whoever utters as genuine or possesses with intent to utter as false
25or as genuine any forged writing or object mentioned in sub. (1), knowing it to have
1been thus falsely made or altered, is guilty of a Class C felony
if the value or
2purported value, whichever is greater, of the writing or object exceeds $1,000 and a
3Class A misdemeanor if the value or purported value of the writing or object does not
4exceed $1,000.
SB77-SSA1,1914,136
943.75
(3) Subsection (2) does not apply to any humane officer, local health
7officer, peace officer, employe of the department of natural resources while on any
8land licensed under s.
29.52, 29.573, 29.574, 29.575 or 29.578 or designated as a
9wildlife refuge under s. 29.57 (1) or employe of the department of agriculture, trade
10and consumer protection if the officer's or employe's acts are in good faith and in an
11apparently authorized and reasonable fulfillment of his or her duties. This
12subsection does not limit any other person from claiming the defense of privilege
13under s. 939.45 (3).
SB77-SSA1, s. 5340
14Section
5340. 944.21 (8) (b) 3. a. of the statutes is amended to read:
SB77-SSA1,1914,1715
944.21
(8) (b) 3. a. Is a technical college, is a school approved by the
department
16of education educational approval board under s.
38.51 39.51 or is a school described
17in s.
38.51 39.51 (9) (f), (g) or (h); and
SB77-SSA1,1914,2119
945.01
(5) (am) "Lottery" does not include bingo or a raffle conducted under ch.
20563, pari-mutuel wagering conducted under ch. 562 or the state lottery or any
21multistate multijurisdictional lottery conducted under ch. 565.
SB77-SSA1, s. 5342
22Section
5342. 945.095 (1) (d), (f), (g) and (h) of the statutes are amended to
23read:
SB77-SSA1,1915,424
945.095
(1) (d) The person provides the
gaming board department of
25administration, prior to the importation of the gambling devices into the state, all
1records that account for the gambling devices, including the identification number
2affixed to each gambling device by the manufacturer, and that identify the location
3where the gambling devices will be stored prior to the installation of the gambling
4devices on the vessel.
SB77-SSA1,1915,95
(f) If the person removes used gambling devices from a vessel, the person shall
6provide the
gaming board department of administration with an inventory of the
7used gambling devices prior to their removal from the vessel. The inventory shall
8include the identification number affixed to each gambling device by the
9manufacturer.
SB77-SSA1,1915,1310
(g) The person submits documentation to the
gaming board department of
11administration, no later than 30 days after the date of delivery, that the vessel
12equipped with gambling devices has been delivered to the customer who ordered the
13work performed on the vessel.
SB77-SSA1,1915,1914
(h) The person does not sell a gambling device to any other person except to a
15customer who shall use or possess the gambling device outside of this state in a
16locality where the use or possession of the gambling device is lawful. If a person sells
17a gambling device to such a customer, the person shall submit documentation to the
18gaming board department of administration, no later than 30 days after the date of
19delivery, that the gambling device has been delivered to the customer.
SB77-SSA1, s. 5345
20Section
5345. 948.11 (4) (b) 3. a. of the statutes is amended to read:
SB77-SSA1,1915,2321
948.11
(4) (b) 3. a. Is a technical college, is a school approved by the
department
22of education educational approval board under s.
38.51 39.51 or is a school described
23in s.
38.51 39.51 (9) (f), (g) or (h); and
SB77-SSA1,1916,6
1961.38
(2) In emergency situations, as defined by rule of the pharmacy
2examining board, schedule II drugs may be dispensed upon oral
or electronic 3prescription of a practitioner, reduced promptly to writing and filed by the pharmacy.
4Prescriptions shall be retained in conformity with rules of the pharmacy examining
5board promulgated under s. 961.31. No prescription for a schedule II substance may
6be refilled.
SB77-SSA1,1916,148
961.38
(3) Except when dispensed directly by a practitioner, other than a
9pharmacy, to an ultimate user, a controlled substance included in schedule III or IV,
10which is a prescription drug, shall not be dispensed without a written
or, oral
or
11electronic prescription of a practitioner. The prescription shall not be filled or refilled
12except as designated on the prescription and in any case not more than 6 months
13after the date thereof, nor may it be refilled more than 5 times, unless renewed by
14the practitioner.
SB77-SSA1,1916,1816
961.38
(5) No practitioner shall prescribe, orally
, electronically or in writing,
17or take without a prescription a controlled substance included in schedule I, II, III
18or IV for the practitioner's own personal use.
SB77-SSA1,1916,2120
967.02
(2) "Department" means the department of corrections, except as
21provided in
ss. 973.135 (1) (a) and s. 975.001.
SB77-SSA1, s. 5445
22Section
5445. 973.046 (1) (intro.) of the statutes is amended to read:
SB77-SSA1,1916,2523
973.046
(1) (intro.)
Beginning on August 12, 1993, if If a court imposes a
24sentence or places a person on probation under any of the following circumstances,
25the court shall impose a deoxyribonucleic acid analysis surcharge of $250:
SB77-SSA1,1917,22
973.046
(1) (a) The person violated s. 940.225
, 943.10 or 948.02 (1) or (2).
SB77-SSA1,1918,34
973.05
(1) When a defendant is sentenced to pay a fine, the court may grant
5permission for the payment of the fine, of the penalty assessment imposed by s.
6165.87, the jail assessment imposed by s. 302.46 (1), the crime victim and witness
7assistance surcharge under s. 973.045,
the crime laboratories and drug law
8enforcement assessment imposed by s. 165.755, any applicable deoxyribonucleic acid
9analysis surcharge under s. 973.046, any applicable drug abuse program
10improvement surcharge imposed by s. 961.41 (5), any applicable domestic abuse
11assessment imposed by s. 971.37 (1m) (c) 1. or 973.055, any applicable driver
12improvement surcharge imposed by s. 346.655,
any applicable enforcement
13assessment imposed by s. 253.06 (4) (c), any applicable weapons assessment imposed
14by s. 167.31, any applicable uninsured employer assessment imposed by s. 102.85 (4),
15any applicable environmental assessment imposed by s. 299.93, any applicable wild
16animal protection assessment imposed by s. 29.9965, any applicable natural
17resources assessment imposed by s. 29.997 and any applicable natural resources
18restitution payment imposed by s. 29.998 to be made within a period not to exceed
19120 days. If no such permission is embodied in the sentence, the fine, the penalty
20assessment, the jail assessment, the crime victim and witness assistance surcharge,
21the crime laboratories and drug law enforcement assessment, any applicable
22deoxyribonucleic acid analysis surcharge, any applicable drug abuse program
23improvement surcharge, any applicable domestic abuse assessment, any applicable
24driver improvement surcharge,
any applicable enforcement assessment, any
25applicable weapons assessment, any applicable uninsured employer assessment,
1any applicable environmental assessment, any applicable wild animal protection
2assessment, any applicable natural resources assessment and any applicable
3natural resources restitution payment shall be payable immediately.
SB77-SSA1,1919,105
973.05
(2) When a defendant is sentenced to pay a fine and is also placed on
6probation, the court may make the payment of the fine, the penalty assessment, the
7jail assessment, the crime victim and witness assistance surcharge,
the crime
8laboratories and drug law enforcement assessment, any applicable deoxyribonucleic
9acid analysis surcharge, any applicable drug abuse program improvement
10surcharge, any applicable domestic abuse assessment, any applicable uninsured
11employer assessment, any applicable driver improvement surcharge,
any applicable
12enforcement assessment under s. 253.06 (4) (c), any applicable weapons assessment,
13any applicable environmental assessment, any applicable wild animal protection
14assessment, any applicable natural resources assessment and any applicable
15natural resources restitution payments a condition of probation. When the
16payments are made a condition of probation by the court, payments thereon shall be
17applied first to payment of the penalty assessment until paid in full, shall then be
18applied to the payment of the jail assessment until paid in full, shall then be applied
19to the payment of part A of the crime victim and witness assistance surcharge until
20paid in full, shall then be applied to part B of the crime victim and witness assistance
21surcharge until paid in full,
shall then be applied to the crime laboratories and drug
22law enforcement assessment until paid in full, shall then be applied to the
23deoxyribonucleic acid analysis surcharge until paid in full, shall then be applied to
24the drug abuse improvement surcharge until paid in full, shall then be applied to
25payment of the driver improvement surcharge until paid in full, shall then be applied
1to payment of the domestic abuse assessment until paid in full, shall then be applied
2to payment of the natural resources assessment if applicable until paid in full, shall
3then be applied to payment of the natural resources restitution payment until paid
4in full, shall then be applied to the payment of the environmental assessment if
5applicable until paid in full, shall then be applied to the payment of the wild animal
6protection assessment if applicable until paid in full, shall then be applied to
7payment of the weapons assessment until paid in full, shall then be applied to
8payment of the uninsured employer assessment until paid in full
, shall then be
9applied to payment of the enforcement assessment under s. 253.06 (4) (c), if
10applicable, until paid in full and shall then be applied to payment of the fine.
SB77-SSA1,1920,212
973.05
(5) (a) Upon entry of the assignment under sub. (4) (b), unless the court
13finds that income withholding is likely to cause the defendant irreparable harm, the
14court shall provide notice of the assignment by regular mail to the last-known
15address of the person from whom the defendant receives or will receive money. If the
16clerk does not receive the money from the person notified, the court shall provide
17notice of the assignment to any other person from whom the defendant receives or
18will receive money. Notice under this paragraph may be a notice of the court, a copy
19of the executed assignment or a copy of that part of the court order directing payment.
20If the court issues an order under sub. (4) (b) assigning lottery prizes, the court shall
21send the notice of that order to the administrator of the lottery division of the
gaming
22commission department of revenue, including a statement of the amount owed under
23the judgment and the name and address of the person owing the judgment. The court
24shall notify the administrator of the lottery division of the
gaming commission
1department of revenue when the judgment that is the basis of the assignment has
2been paid in full.
SB77-SSA1,1920,64
973.055
(3) All moneys collected from domestic abuse assessments shall be
5deposited by the state treasurer in s. 20.435
(1)
(3) (hh) and utilized in accordance
6with s. 46.95.
SB77-SSA1,1921,4
8973.07 Failure to pay fine or costs or to comply with certain
9community service work. If the fine, costs, penalty assessment, jail assessment,
10crime victim and witness assistance surcharge,
crime laboratories and drug law
11enforcement assessment, applicable deoxyribonucleic acid analysis surcharge,
12applicable drug abuse program improvement surcharge, applicable domestic abuse
13assessment, applicable driver improvement surcharge,
applicable enforcement
14assessment under s. 253.06 (4) (c), applicable weapons assessment, applicable
15uninsured employer assessment, applicable environmental assessment, applicable
16wild animal protection assessment, applicable natural resources assessment and
17applicable natural resources restitution payments are not paid or community service
18work under s. 943.017 (3) is not completed as required by the sentence, the defendant
19may be committed to the county jail until the fine, costs, penalty assessment, jail
20assessment, crime victim and witness assistance surcharge,
crime laboratories and
21drug law enforcement assessment, applicable deoxyribonucleic acid analysis
22surcharge, applicable drug abuse program improvement surcharge, applicable
23domestic abuse assessment, applicable driver improvement surcharge,
applicable
24enforcement assessment under s. 253.06 (4) (c), applicable weapons assessment,
25applicable uninsured employer assessment, applicable environmental assessment,
1applicable wild animal protection assessment, applicable natural resources
2assessment or applicable natural resources restitution payments are paid or
3discharged, or the community service work under s. 943.017 (3) is completed, for a
4period fixed by the court not to exceed 6 months.
SB77-SSA1,1921,206
973.09
(3) (b) The department shall notify the sentencing court, any person to
7whom unpaid restitution is owed and the district attorney of the status of the ordered
8restitution payments unpaid at least 90 days before the probation expiration date.
9If payment as ordered has not been made, the court shall hold a probation review
10hearing prior to the expiration date, unless the hearing is voluntarily waived by the
11probationer with the knowledge that waiver may result in an extension of the
12probation period or in a revocation of probation. If the court does not extend
13probation, it shall issue a judgment for the unpaid restitution and direct the clerk
14of circuit court to file and enter the judgment in the judgment and lien docket,
15without fee, unless it finds that the victim has already recovered a judgment against
16the probationer for the damages covered by the restitution order. If the court issues
17a judgment for the unpaid restitution, the court shall send to the person at his or her
18last-known address written notification that a civil judgment has been issued for the
19unpaid restitution. The judgment has the same force and effect as judgments
20entered under s. 806.10.
SB77-SSA1,1921,2522
973.09
(3) (bm) 1. At least 90 days before the expiration date of a probationer's
23period of probation, the department may notify the sentencing court and the district
24attorney that a probationer owes unpaid fees to the department under s. 304.073 or
25304.074.
SB77-SSA1,1922,7
12. Upon receiving notice from the department under subd. 1., the court shall
2schedule a probation review hearing to be held before the expiration date of the
3period of probation unless the probationer either pays the fees before the scheduled
4hearing date or voluntarily waives the hearing. A waiver of a probation review
5hearing under this subdivision shall include an acknowledgement by the probationer
6that waiver may result in an extension of the probation period, a modification of the
7terms and conditions of probation or a revocation of probation.
SB77-SSA1,1922,138
3. At a probation review hearing under subd. 2., the department has the burden
9of proving that the probationer owes unpaid fees under s. 304.073 or 304.074 and the
10amount of the unpaid fees. If the department proves by a preponderance of the
11evidence that the probationer owes unpaid fees under s. 304.073 or 304.074, the court
12may, by order, extend the period of probation for a stated period, modify the terms
13and conditions of probation or revoke the probationer's probation.
SB77-SSA1,1922,2014
4. If the court does not extend, revoke or modify the terms of probation under
15subd. 3., it shall issue a judgment for the unpaid fees and direct the clerk of circuit
16court to file and enter the judgment in the judgment and lien docket, without fee.
17If the court issues a judgment for the unpaid fees, the court shall send to the
18department a written notification that a civil judgment has been issued for the
19unpaid fees. The judgment has the same force and effect as judgments entered under
20s. 806.10.
SB77-SSA1, s. 5455
21Section
5455. 973.09 (3) (c) 1. and 2. of the statutes are amended to read:
SB77-SSA1,1922,2322
973.09
(3) (c) 1. The probationer has not made a good faith effort to discharge
23court-ordered payment obligations
or to pay fees owed under s. 304.073 or 304.074.
SB77-SSA1,1923,224
2. The probationer is not presently able to make required
restitution payments
25and the probationer and the person to whom restitution is owed consent to the
1performance of community service work under sub. (7m) in satisfaction of restitution
2ordered for that person, for which an extended period of probation is required.
SB77-SSA1,1923,5
4973.135 (title)
Courts to report convictions to the department of
5education state superintendent of public instruction.
SB77-SSA1, s. 5459
7Section
5459. 973.135 (1) (am) of the statutes is renumbered 973.135 (1) (a).
SB77-SSA1,1923,109
973.135
(1) (b) "State superintendent" means the state superintendent of
10public instruction.
SB77-SSA1,1923,1712
973.135
(2) If a court determines that a person convicted of a crime specified
13in ch. 948, including a crime specified in s. 948.015, a felony for which the maximum
14term of imprisonment is at least 5 years, 4th degree sexual assault under s. 940.225
15(3m) or a crime in which the victim was a child, is employed by an educational agency,
16the clerk of the court in which such conviction occurred shall promptly forward to the
17department state superintendent the record of conviction.
SB77-SSA1,1923,2119
973.135
(3) If a conviction under sub. (2) is reversed, set aside or vacated, the
20clerk of the court shall promptly forward to the
department state superintendent a
21certificate stating that the conviction has been reversed, set aside or vacated.
SB77-SSA1, s. 5483
22Section
5483. 977.08 (5) (b) (intro.) of the statutes is amended to read:
SB77-SSA1,1923,2523
977.08
(5) (b) (intro.)
Any Except as provided in par. (bn), any of the following
24constitutes an annual caseload standard for an assistant state public defender in the
25subunit responsible for trials:
SB77-SSA1,1924,52
977.08
(5) (bn) Beginning on the effective date of this paragraph .... [revisor
3inserts date], and ending on June 30, 1999, any of the following constitutes an annual
4caseload standard for an assistant state public defender in the subunit responsible
5for trials:
SB77-SSA1,1924,66
1. Felony cases not specified in subd. 1m.: 184.5.
SB77-SSA1,1924,77
1m. First-degree intentional homicide cases: 15.
SB77-SSA1,1924,88
1r. Cases representing persons under ss. 980.05 and 980.06: 15.
SB77-SSA1,1924,99
2. Misdemeanor cases: 492.
SB77-SSA1,1924,1010
3. Cases not covered under subd. 1., 1m., 1r. or 2.: 246.
SB77-SSA1,1924,1412
978.045
(1r) (e) The district attorney is
physically unable to attend to his or her
13duties
or has a mental incapacity that impairs his or her ability to substantially
14perform his or her duties.
SB77-SSA1,1924,2116
978.12
(5) (b)
Employes generally. District attorneys and state employes of the
17office of district attorney shall be included within the provisions of the Wisconsin
18retirement system under ch. 40 as a participating employe of that office, except that
19the district attorney and state employes of the office of district attorney in a county
20having a population of 500,000 or more have the option provided under
par. (c) s.
21978.12 (5) (c), 1995 stats.
SB77-SSA1, s. 5485n
23Section 5485n. 978.12 (6) of the statutes is renumbered 978.12 (6) (a) and
24amended to read:
SB77-SSA1,1926,17
1978.12
(6) (a) District attorneys and state employes of the office of district
2attorney shall be included within all insurance benefit plans under ch. 40, except as
3authorized in this
subsection paragraph. Alternatively, the state shall provide
4insurance benefit plans for district attorneys and state employes in the office of
5district attorney in the manner provided in this
subsection paragraph. A district
6attorney or other employe of the office of district attorney who was employed in that
7office as a county employe on December 31, 1989, and who received any form of fringe
8benefits other than a retirement, deferred compensation or employe-funded
9reimbursement account plan as a county employe, as defined by that county
10pursuant to the county's personnel policies, or pursuant to a collective bargaining
11agreement in effect on January 1, 1990, or the most recent collective bargaining
12agreement covering represented employes who are not covered by such an
13agreement, may elect to continue to be covered under all such fringe benefit plans
14provided by the county after becoming a state employe. In a county having a
15population of 500,000 or more, the fringe benefit plans shall include health insurance
16benefits fully paid by the county for each retired employe who, on or after December
1731, 1989, attains at least 15 years of service in the office of district attorney of that
18county, whether or not the service is as a county employe, for the duration of the
19employe's life. An employe may make an election under this
subsection paragraph 20no later than January 31, 1990, except that an employe who serves as an assistant
21district attorney in a county having a population of 500,000 or more may make an
22election under this
subsection paragraph no later than March 1, 1990. An election
23under this
subsection paragraph shall be for the duration of the employe's
24employment in the office of district attorney for the same county by which the
25employe was employed or until the employe terminates the election under this
1subsection paragraph, at the same cost to the county as the county incurs for a
2similarly situated county employe.
If Subject to par. (b), if the employer's cost for
3such fringe benefits for any such employe is less than or equal to the cost for
4comparable coverage under ch. 40, if any, the state shall reimburse the county for
5that cost.
If Subject to par. (b), if the employer's cost for such fringe benefits for any
6such employe is greater than the cost for comparable coverage under ch. 40, the state
7shall reimburse the county for the cost of comparable coverage under ch. 40 and the
8county shall pay the remainder of the cost. The cost of comparable coverage under
9ch. 40 shall equal the average cost of comparable coverage under ch. 40 for employes
10in the office of the state public defender, as contained in budget determinations
11approved by the joint committee on finance or the legislature under the biennial
12budget act for the period during which the costs are incurred. An employe who makes
13the election under this
subsection paragraph may terminate that election, and shall
14then be included within all insurance benefit plans under ch. 40, except that the
15department of employe trust funds may require prior written notice, not exceeding
16one year's duration, of an employe's intent to be included under any insurance benefit
17plan under ch. 40.
SB77-SSA1,1926,2319
978.12
(6) (b) 1. Beginning in the 1997-98 fiscal year and ending in the 2006-07
20fiscal year, the state shall in each fiscal year reduce its reimbursement of the
21employer's cost for fringe benefits under par. (a) by an amount that equals the
22amount paid by the department of administration to the Wisconsin retirement
23system under s. 40.05 (2) (bz) 3.
SB77-SSA1,1927,3
12. In the 1997-98 fiscal year and the 1998-99 fiscal year, after making the
2reduction specified under subd. 1., the state shall increase its reimbursement of the
3employer's cost for fringe benefits under par. (a) by $50,000.
SB77-SSA1,1927,85
978.12
(6) (c) A county having a population of 500,000 or more may not reduce
6the fringe benefits of any assistant district attorney granted creditable service under
7s. 40.02 (17) (gm) to compensate for the reduction in the state's reimbursement of the
8employer's cost for fringe benefits under par. (b).
SB77-SSA1,1927,1810
978.13
(1) (b) In counties having a population of 500,000 or more, the salary
11and fringe benefit costs of 2 clerk positions providing clerical services to the
12prosecutors in the district attorney's office handling cases involving felony violations
13under ch. 961. The state treasurer shall pay the amount authorized under this
14paragraph to the county treasurer pursuant to a voucher submitted by the district
15attorney to the department of administration from the appropriation under s. 20.475
16(1)
(h) (i). The amount paid under this paragraph may not exceed
$65,800 $70,500 17in the
1995-96 1997-98 fiscal year and
$68,100 $73,000 in the
1996-97 1998-99 18fiscal year.
SB77-SSA1,1928,420
978.13
(1) (c) In counties having a population of 500,000 or more, the salary and
21fringe benefit costs of clerk positions in the district attorney's office necessary for the
22prosecution of violent crime cases primarily involving felony violations under s.
23939.63, if a felony is committed while armed, and under ss. 940.01 to 940.03, 940.05,
24940.06, 940.225, 943.23 (1g), (1m) and (1r) and 943.32 (2). The state treasurer shall
25pay the amount authorized under this paragraph to the county treasurer pursuant
1to a voucher submitted by the district attorney to the secretary of administration
2from the appropriation under s. 20.475 (1) (i). The amount paid under this paragraph
3may not exceed
$82,600 $88,500 in the
1995-96 1997-98 fiscal year and
$85,500 4$91,600 in the
1996-97 1998-99 fiscal year.
SB77-SSA1,1928,86
980.02
(5) Notwithstanding sub. (4), if the department of justice decides to file
7a petition under sub. (1) (a), it may file the petition in the circuit court for Dane
8County.
SB77-SSA1,1928,2210
980.06
(2) (b) An order for commitment under this section shall specify either
11institutional care
in a secure mental health unit or facility, as provided under s.
12980.065, or other facility or supervised release. In determining whether
13commitment shall be for institutional care
in a secure mental health unit or facility
14or other facility or for supervised release, the court may consider, without limitation
15because of enumeration, the nature and circumstances of the behavior that was the
16basis of the allegation in the petition under s. 980.02 (2) (a), the person's mental
17history and present mental condition, where the person will live, how the person will
18support himself or herself, and what arrangements are available to ensure that the
19person has access to and will participate in necessary treatment. The department
20shall arrange for control, care and treatment of the person in the least restrictive
21manner consistent with the requirements of the person and in accordance with the
22court's commitment order.
SB77-SSA1,1928,25
24980.065 (title)
Secure mental health unit or facility Institutional care
25for sexually violent persons.