AB100-engrossed,2244,1613
938.538
(3) (a) 1. Subject to subd. 1m., placement in a Type 1 secured
14correctional facility, a secured child caring institution or, if the participant is 17 years
15of age or over
or 15 years of age or over and transferred under s. 938.357 (4) (d), a
16Type 1 prison, as defined in s. 301.01 (5), for a period of not more than 3 years.
AB100-engrossed,2244,2418
938.538
(3) (a) 1m. If the participant has been adjudicated delinquent for
19committing an act that would be a Class A felony if committed by an adult, placement
20in a Type 1 secured correctional facility, a secured child caring institution or, if the
21participant is 17 years of age or over
or 15 years of age or over and transferred under
22s. 938.357 (4) (d), a Type 1 prison, as defined in s. 301.01 (5), until the participant
23reaches 25 years of age, unless the participant is released sooner, subject to a
24mandatory minimum period of confinement of not less than one year.
AB100-engrossed,2245,5
1938.538
(5) (a) The
office of juvenile offender review
program in the division
2of juvenile corrections in the department may release a participant to aftercare
3supervision under s. 301.03 (10) (d) at any time after the participant has completed
42 years of participation in the serious juvenile offender program. Aftercare
5supervision of the participant shall be provided by the department.
AB100-engrossed,2245,107
938.538
(5) (c) Sections 938.357 and 938.363 do not apply to changes of
8placement and revisions of orders for a juvenile who is a participant in the serious
9juvenile offender program
, except that s. 938.357 (4) (d) applies to the transfer of a
10participant to the Racine youthful offender correctional facility named in s. 302.01.
AB100-engrossed,2245,2412
938.57
(1) (c) Provide appropriate protection and services for juveniles in its
13care, including providing services for juveniles and their families in their own homes,
14placing the juveniles in licensed foster homes, licensed treatment foster homes or
15licensed group homes in this state or another state within a reasonable proximity to
16the agency with legal custody or contracting for services for them by licensed child
17welfare agencies or replacing them in juvenile correctional institutions or secured
18child caring institutions in accordance with rules promulgated under ch. 227, except
19that the county department may not purchase the educational component of private
20day treatment programs unless the county department, the school board as defined
21in s. 115.001 (7) and the
secretary of education
state superintendent of public
22instruction all determine that an appropriate public education program is not
23available. Disputes between the county department and the school district shall be
24resolved by the
secretary of education state superintendent of public instruction.
AB100-engrossed,2246,11
1938.57
(4) A county department may provide aftercare supervision under s.
248.34 938.34 (4n) for juveniles who are released from secured correctional facilities
3or secured child caring institutions operated by the department. If a county
4department intends to change its policy regarding whether the county department
5or the department shall provide aftercare supervision for juveniles released from
6secured correctional facilities or secured child caring institutions operated by the
7department, the county executive or county administrator, or, if the county has no
8county executive or county administrator, the chairperson of the county board of
9supervisors, or, for multicounty departments, the chairpersons of the county boards
10of supervisors jointly, shall submit a letter to the department stating that intent
11before July 1 of the year preceding the year in which the policy change will take effect.
AB100-engrossed,2246,1413
943.13
(4m) (b) A hunter entering land that is required to be open for hunting
14under s. 29.59 (4m) or 29.598
(7m) (5).
AB100-engrossed,2246,2016
943.38
(1) (intro.) Whoever with intent to defraud falsely makes or alters a
17writing or object of any of the following kinds so that it purports to have been made
18by another, or at another time, or with different provisions, or by authority of one who
19did not give such authority,
is guilty of a Class C felony may be penalized as provided
20in sub. (1m):
AB100-engrossed,2246,2422
943.38
(1) (a) A writing or object whereby legal rights or obligations are
23created, terminated or transferred, or any writing commonly relied upon in business
24or commercial transactions as evidence of debt or property rights
; or.
AB100-engrossed,2247,2
1943.38
(1) (b) A public record or a certified or authenticated copy
thereof; or of
2a public record.
AB100-engrossed,2247,54
943.38
(1) (c) An official authentication or certification of a copy of a public
5record
; or.
AB100-engrossed,2247,77
943.38
(1m) Whoever violates sub. (1):
AB100-engrossed,2247,98
(a) Is guilty of a Class A misdemeanor if the value or purported value,
9whichever is greater, of the writing or object does not exceed $1,000.
AB100-engrossed,2247,1110
(b) Is guilty of a Class C felony if the value or purported value, whichever is
11greater, of the writing or object exceeds $1,000.
AB100-engrossed,2247,1813
943.38
(2) Whoever utters as genuine or possesses with intent to utter as false
14or as genuine any forged writing or object mentioned in sub. (1), knowing it to have
15been thus falsely made or altered, is guilty of a Class C felony
if the value or
16purported value, whichever is greater, of the writing or object exceeds $1,000 and a
17Class A misdemeanor if the value or purported value of the writing or object does not
18exceed $1,000.
AB100-engrossed,2247,2520
943.60
(1) Any person who submits for filing, entering or recording any lien,
21claim of lien, lis pendens, writ of attachment
, financing statement or any other
22instrument relating to
a security interest in or title
in to real or personal property,
23knowing and who knows or should have known that the contents or any part of the
24contents
to be of the instrument are false,
a sham or frivolous, is guilty of a Class
E 25D felony.
AB100-engrossed,2248,92
943.75
(3) Subsection (2) does not apply to any humane officer, local health
3officer, peace officer, employe of the department of natural resources while on any
4land licensed under s.
29.52, 29.573, 29.574, 29.575 or 29.578 or designated as a
5wildlife refuge under s. 29.57 (1) or employe of the department of agriculture, trade
6and consumer protection if the officer's or employe's acts are in good faith and in an
7apparently authorized and reasonable fulfillment of his or her duties. This
8subsection does not limit any other person from claiming the defense of privilege
9under s. 939.45 (3).
AB100-engrossed,2248,1311
944.21
(8) (b) 3. a. Is a technical college, is a school approved by the
department
12of education educational approval board under s.
38.51 39.51 or is a school described
13in s.
38.51 39.51 (9) (f), (g) or (h); and
AB100-engrossed,2248,1715
945.01
(5) (am) "Lottery" does not include bingo or a raffle conducted under ch.
16563, pari-mutuel wagering conducted under ch. 562 or the state lottery or any
17multistate multijurisdictional lottery conducted under ch. 565.
AB100-engrossed,2248,2520
945.095
(1) (d) The person provides the
gaming board department of
21administration, prior to the importation of the gambling devices into the state, all
22records that account for the gambling devices, including the identification number
23affixed to each gambling device by the manufacturer, and that identify the location
24where the gambling devices will be stored prior to the installation of the gambling
25devices on the vessel.
AB100-engrossed,2249,5
1(f) If the person removes used gambling devices from a vessel, the person shall
2provide the
gaming board department of administration with an inventory of the
3used gambling devices prior to their removal from the vessel. The inventory shall
4include the identification number affixed to each gambling device by the
5manufacturer.
AB100-engrossed,2249,96
(g) The person submits documentation to the
gaming board department of
7administration, no later than 30 days after the date of delivery, that the vessel
8equipped with gambling devices has been delivered to the customer who ordered the
9work performed on the vessel.
AB100-engrossed,2249,1510
(h) The person does not sell a gambling device to any other person except to a
11customer who shall use or possess the gambling device outside of this state in a
12locality where the use or possession of the gambling device is lawful. If a person sells
13a gambling device to such a customer, the person shall submit documentation to the
14gaming board department of administration, no later than 30 days after the date of
15delivery, that the gambling device has been delivered to the customer.
AB100-engrossed,2249,2018
946.68
(1r) (a)
Whoever Except as provided in pars. (b) and (c), whoever sends
19or delivers to another any document which simulates
a summons, complaint, or court 20legal process
is guilty of a Class E felony.
AB100-engrossed,2249,22
21(b) If the document under par. (a) is sent or delivered with intent
thereby to
22induce payment of a claim
, the person is guilty of a Class
B misdemeanor D felony.
AB100-engrossed,2250,224
946.68
(1g) In this section, "legal process" includes a subpoena, summons,
25complaint, warrant, injunction, writ, notice, pleading, order or other document that
1directs a person to perform or refrain from performing a specified act and compliance
2with which is enforceable by a court or governmental agency.
AB100-engrossed,2250,54
946.68
(1r) (c) If the document under par. (a) simulates any criminal process,
5the person is guilty of a Class D felony.
AB100-engrossed,2250,97
946.68
(2) Proof that
the a document
specified under sub. (1r) was mailed or
8was delivered to any person with intent that it be forwarded to the intended recipient
9is sufficient proof of sending.
AB100-engrossed,2250,1211
946.69
(2) (intro.) Whoever does any of the following is guilty of a Class
A
12misdemeanor E felony:
AB100-engrossed,2250,1614
948.11
(4) (b) 3. a. Is a technical college, is a school approved by the
department
15of education educational approval board under s.
38.51 39.51 or is a school described
16in s.
38.51 39.51 (9) (f), (g) or (h); and
AB100-engrossed,2250,2018
949.06
(5) (a) Except as provided in pars. (b) to (e), the department shall make
19awards under this section from the appropriations under s. 20.455 (5) (b),
(j) (kj) and
20(m).
AB100-engrossed,2250,2322
951.01
(3f) "Fire department" includes a volunteer fire department and a
23department under s. 61.66.
AB100-engrossed,2250,25
25951.095 (title)
Harassment of police and fire animals.
AB100-engrossed,2251,42
951.095
(1) (intro.) No person may do any of the following to any animal that
3is used by a law enforcement agency
or fire department to perform agency
or
4department functions or duties:
AB100-engrossed,2251,166
951.18
(2m) Any person who violates s. 951.095 is subject to a Class B
7forfeiture. Any person who intentionally or negligently violates s. 951.095, knowing
8that the animal that is the victim is used by a law enforcement agency
or fire
9department to perform agency
or department functions or duties, is guilty of a Class
10A misdemeanor. Any person who intentionally violates s. 951.095, knowing that the
11animal that is the victim is used by a law enforcement agency
or fire department to
12perform agency
or department functions or duties and causing injury to the animal,
13is guilty of a Class E felony. Any person who intentionally violates s. 951.095,
14knowing that the animal that is the victim is used by a law enforcement agency
or
15fire department to perform agency
or department functions or duties and causing
16death to the animal, is guilty of a Class D felony.
AB100-engrossed,2251,2318
961.38
(2) In emergency situations, as defined by rule of the pharmacy
19examining board, schedule II drugs may be dispensed upon oral
or electronic 20prescription of a practitioner, reduced promptly to writing and filed by the pharmacy.
21Prescriptions shall be retained in conformity with rules of the pharmacy examining
22board promulgated under s. 961.31. No prescription for a schedule II substance may
23be refilled.
AB100-engrossed,2252,7
1961.38
(3) Except when dispensed directly by a practitioner, other than a
2pharmacy, to an ultimate user, a controlled substance included in schedule III or IV,
3which is a prescription drug, shall not be dispensed without a written
or, oral
or
4electronic prescription of a practitioner. The prescription shall not be filled or refilled
5except as designated on the prescription and in any case not more than 6 months
6after the date thereof, nor may it be refilled more than 5 times, unless renewed by
7the practitioner.
AB100-engrossed,2252,119
961.38
(5) No practitioner shall prescribe, orally
, electronically or in writing,
10or take without a prescription a controlled substance included in schedule I, II, III
11or IV for the practitioner's own personal use.
AB100-engrossed,2252,1413
967.02
(2) "Department" means the department of corrections, except as
14provided in
ss. 973.135 (1) (a) and s. 975.001.
AB100-engrossed,2252,1816
973.046
(1) (intro.)
Beginning on August 12, 1993, if If a court imposes a
17sentence or places a person on probation under any of the following circumstances,
18the court shall impose a deoxyribonucleic acid analysis surcharge of $250:
AB100-engrossed,2252,2020
973.046
(1) (a) The person violated s. 940.225
, 943.10 or 948.02 (1) or (2).
AB100-engrossed,2253,2122
973.05
(1) When a defendant is sentenced to pay a fine, the court may grant
23permission for the payment of the fine, of the penalty assessment imposed by s.
24165.87, the jail assessment imposed by s. 302.46 (1), the crime victim and witness
25assistance surcharge under s. 973.045,
the crime laboratories and drug law
1enforcement assessment imposed by s. 165.755, any applicable deoxyribonucleic acid
2analysis surcharge under s. 973.046, any applicable drug abuse program
3improvement surcharge imposed by s. 961.41 (5), any applicable domestic abuse
4assessment imposed by s. 971.37 (1m) (c) 1. or 973.055, any applicable driver
5improvement surcharge imposed by s. 346.655,
any applicable enforcement
6assessment imposed by s. 253.06 (4) (c), any applicable weapons assessment imposed
7by s. 167.31, any applicable uninsured employer assessment imposed by s. 102.85 (4),
8any applicable environmental assessment imposed by s. 299.93, any applicable wild
9animal protection assessment imposed by s. 29.9965, any applicable natural
10resources assessment imposed by s. 29.997 and any applicable natural resources
11restitution payment imposed by s. 29.998 to be made within a period not to exceed
12120 days. If no such permission is embodied in the sentence, the fine, the penalty
13assessment, the jail assessment, the crime victim and witness assistance surcharge,
14the crime laboratories and drug law enforcement assessment, any applicable
15deoxyribonucleic acid analysis surcharge, any applicable drug abuse program
16improvement surcharge, any applicable domestic abuse assessment, any applicable
17driver improvement surcharge,
any applicable enforcement assessment, any
18applicable weapons assessment, any applicable uninsured employer assessment,
19any applicable environmental assessment, any applicable wild animal protection
20assessment, any applicable natural resources assessment and any applicable
21natural resources restitution payment shall be payable immediately.
AB100-engrossed,2255,323
973.05
(2) When a defendant is sentenced to pay a fine and is also placed on
24probation, the court may make the payment of the fine, the penalty assessment, the
25jail assessment, the crime victim and witness assistance surcharge,
the crime
1laboratories and drug law enforcement assessment, any applicable deoxyribonucleic
2acid analysis surcharge, any applicable drug abuse program improvement
3surcharge, any applicable domestic abuse assessment, any applicable uninsured
4employer assessment, any applicable driver improvement surcharge,
any applicable
5enforcement assessment under s. 253.06 (4) (c), any applicable weapons assessment,
6any applicable environmental assessment, any applicable wild animal protection
7assessment, any applicable natural resources assessment and any applicable
8natural resources restitution payments a condition of probation. When the
9payments are made a condition of probation by the court, payments thereon shall be
10applied first to payment of the penalty assessment until paid in full, shall then be
11applied to the payment of the jail assessment until paid in full, shall then be applied
12to the payment of part A of the crime victim and witness assistance surcharge until
13paid in full, shall then be applied to part B of the crime victim and witness assistance
14surcharge until paid in full,
shall then be applied to the crime laboratories and drug
15law enforcement assessment until paid in full, shall then be applied to the
16deoxyribonucleic acid analysis surcharge until paid in full, shall then be applied to
17the drug abuse improvement surcharge until paid in full, shall then be applied to
18payment of the driver improvement surcharge until paid in full, shall then be applied
19to payment of the domestic abuse assessment until paid in full, shall then be applied
20to payment of the natural resources assessment if applicable until paid in full, shall
21then be applied to payment of the natural resources restitution payment until paid
22in full, shall then be applied to the payment of the environmental assessment if
23applicable until paid in full, shall then be applied to the payment of the wild animal
24protection assessment if applicable until paid in full, shall then be applied to
25payment of the weapons assessment until paid in full, shall then be applied to
1payment of the uninsured employer assessment until paid in full
, shall then be
2applied to payment of the enforcement assessment under s. 253.06 (4) (c), if
3applicable, until paid in full and shall then be applied to payment of the fine.
AB100-engrossed,2255,195
973.05
(5) (a) Upon entry of the assignment under sub. (4) (b), unless the court
6finds that income withholding is likely to cause the defendant irreparable harm, the
7court shall provide notice of the assignment by regular mail to the last-known
8address of the person from whom the defendant receives or will receive money. If the
9clerk does not receive the money from the person notified, the court shall provide
10notice of the assignment to any other person from whom the defendant receives or
11will receive money. Notice under this paragraph may be a notice of the court, a copy
12of the executed assignment or a copy of that part of the court order directing payment.
13If the court issues an order under sub. (4) (b) assigning lottery prizes, the court shall
14send the notice of that order to the administrator of the lottery division of the
gaming
15commission department of revenue, including a statement of the amount owed under
16the judgment and the name and address of the person owing the judgment. The court
17shall notify the administrator of the lottery division of the
gaming commission 18department of revenue when the judgment that is the basis of the assignment has
19been paid in full.
AB100-engrossed,2255,2321
973.055
(3) All moneys collected from domestic abuse assessments shall be
22deposited by the state treasurer in s. 20.435
(1)
(3) (hh) and utilized in accordance
23with s. 46.95.
AB100-engrossed,2256,22
1973.07 Failure to pay fine or costs or to comply with certain
2community service work. If the fine, costs, penalty assessment, jail assessment,
3crime victim and witness assistance surcharge,
crime laboratories and drug law
4enforcement assessment, applicable deoxyribonucleic acid analysis surcharge,
5applicable drug abuse program improvement surcharge, applicable domestic abuse
6assessment, applicable driver improvement surcharge,
applicable enforcement
7assessment under s. 253.06 (4) (c), applicable weapons assessment, applicable
8uninsured employer assessment, applicable environmental assessment, applicable
9wild animal protection assessment, applicable natural resources assessment and
10applicable natural resources restitution payments are not paid or community service
11work under s. 943.017 (3) is not completed as required by the sentence, the defendant
12may be committed to the county jail until the fine, costs, penalty assessment, jail
13assessment, crime victim and witness assistance surcharge,
crime laboratories and
14drug law enforcement assessment, applicable deoxyribonucleic acid analysis
15surcharge, applicable drug abuse program improvement surcharge, applicable
16domestic abuse assessment, applicable driver improvement surcharge,
applicable
17enforcement assessment under s. 253.06 (4) (c), applicable weapons assessment,
18applicable uninsured employer assessment, applicable environmental assessment,
19applicable wild animal protection assessment, applicable natural resources
20assessment or applicable natural resources restitution payments are paid or
21discharged, or the community service work under s. 943.017 (3) is completed, for a
22period fixed by the court not to exceed 6 months.
AB100-engrossed,2257,1324
973.09
(3) (b) The department shall notify the sentencing court, any person to
25whom unpaid restitution is owed and the district attorney of the status of the ordered
1restitution payments unpaid at least 90 days before the probation expiration date.
2If payment as ordered has not been made, the court shall hold a probation review
3hearing prior to the expiration date, unless the hearing is voluntarily waived by the
4probationer with the knowledge that waiver may result in an extension of the
5probation period or in a revocation of probation. If the court does not extend
6probation, it shall issue a judgment for the unpaid restitution and direct the clerk
7of circuit court to file and enter the judgment in the judgment and lien docket,
8without fee, unless it finds that the victim has already recovered a judgment against
9the probationer for the damages covered by the restitution order. If the court issues
10a judgment for the unpaid restitution, the court shall send to the person at his or her
11last-known address written notification that a civil judgment has been issued for the
12unpaid restitution. The judgment has the same force and effect as judgments
13entered under s. 806.10.
AB100-engrossed,2257,1815
973.09
(3) (bm) 1. At least 90 days before the expiration date of a probationer's
16period of probation, the department may notify the sentencing court and the district
17attorney that a probationer owes unpaid fees to the department under s. 304.073 or
18304.074.