AB291: Bill Text

AB291, s. 9 Section 9. 939.62 (2) (a) 4. of the statutes is created to read:

AB291,5,21 939.62 (2) (a) 4. During the 5-year period immediately preceding the commission of the crime for which the actor is presently being sentenced, the actor was adjudicated delinquent on one occasion for an act that if committed by an adult in this state would be a misdemeanor and was also convicted of a misdemeanor on 2 separate occasions.

AB291, s. 10 Section 10. 939.62 (2m) (b) of the statutes is renumbered 939.62 (2m) (b) (intro.) and amended to read:

AB291,5,25 939.62 (2m) (b) (intro.) The actor is a persistent repeater if he or she one of the following applies:

AB291,6,6 1. The actor 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

AB291,6,10 (bm) For purposes of counting a conviction or adjudication under par. (b), it is immaterial that the sentence or disposition for a previous conviction or for the adjudication was stayed, withheld or suspended, or that he or she the actor was pardoned, unless the pardon was granted on the ground of innocence. The

AB291,6,13 (c) If the actor is a persistent repeater, 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.

AB291, s. 11 Section 11. 939.62 (2m) (b) 2. of the statutes is created to read:

AB291,6,24 939.62 (2m) (b) 2. At any time preceding the serious felony for which he or she presently is being sentenced under ch. 973, the actor has on one occasion been adjudicated delinquent for an act that if committed by an adult in this state would be a serious felony and, on a separate occasion, has been convicted of a serious felony. The violation for which the actor was adjudicated delinquent must have occurred before the date of violation of the felony for which the actor was convicted, and both the adjudication and conviction must remain of record and unreversed. This subdivision does not apply if the actor was 25 years of age or older at the time of the commission of the crime for which the actor presently is being sentenced under ch. 973.

AB291, s. 12 Section 12. 939.62 (2m) (d) of the statutes is amended to read:

AB291,7,6 939.62 (2m) (d) If a prior conviction or adjudication is being considered as being covered under par. (a) 4. as comparable to a felony specified under par. (a) 1., 2. or 3., the conviction or adjudication may be counted as a prior conviction or adjudication under par. (b) only if the court determines, beyond a reasonable doubt, that the violation relating to that conviction or adjudication would constitute a felony specified under par. (a) 1., 2. or 3. if committed by an adult in this state.

AB291, s. 13 Section 13. 939.62 (3) (a) of the statutes is amended to read:

AB291,7,12 939.62 (3) (a) In case of crimes committed in this state, the terms do not include motor vehicle offenses under chs. 341 to 349 and, except as provided in subs. (2) (a) 2. and 4. and (2m) (b) 2., offenses handled through proceedings in the court assigned to exercise jurisdiction under chs. 48 and 938, but otherwise have the meanings designated in s. 939.60.

AB291, s. 14 Section 14. 939.62 (3) (b) of the statutes is amended to read:

AB291,7,22 939.62 (3) (b) In case of crimes committed in other jurisdictions, the terms do not include those crimes which are equivalent to motor vehicle offenses under chs. 341 to 349 or, except as provided in subs. (2) (a) 2. and 4. and (2m) (b) 2., to offenses handled through proceedings in the court assigned to exercise jurisdiction under chs. 48 and 938. Otherwise, felony means a crime which under the laws of that jurisdiction carries a prescribed maximum penalty of imprisonment in a prison or penitentiary for one year or more. Misdemeanor means a crime which does not carry a prescribed maximum penalty sufficient to constitute it a felony and includes crimes punishable only by a fine.

AB291, s. 15 Section 15. 939.623 (3) of the statutes is created to read:

AB291,8,3 939.623 (3) (a) If a person has been adjudicated delinquent for one or more serious sex crimes and subsequently commits a serious sex crime, the court shall sentence the person to not less than 5 years' imprisonment, but otherwise the penalties for the crime apply, subject to any applicable penalty enhancement. The court shall not place the person on probation.

AB291,8,5 (b) Paragraph (a) does not apply if the person was 25 years of age or older at the time he or she committed the subsequent serious sex crime.

AB291,8,7 (c) If a person is sentenced under par. (a), a court may not also impose an enhanced sentence under sub. (2).

AB291, s. 16 Section 16. 939.624 (3) of the statutes is created to read:

AB291,8,13 939.624 (3) (a) If a person has been adjudicated delinquent for one or more serious violent crimes or crimes punishable by life imprisonment and subsequently commits a serious violent crime, the court shall sentence the person to not less than 5 years' imprisonment, but otherwise the penalties for the crime apply, subject to any applicable penalty enhancement. The court shall not place the person on probation.

AB291,8,15 (b) Paragraph (a) does not apply if the person was 25 years of age or older at the time he or she committed the subsequent serious violent crime.

AB291,8,17 (c) If a person is sentenced under par. (a), a court may not also impose an enhanced sentence under sub. (2).

AB291, s. 17 Section 17. 939.626 (2m) of the statutes is created to read:

AB291,8,22 939.626 (2m) (a) If a person has been adjudicated delinquent for one or more child sex crimes and subsequently commits a child sex crime, the maximum term of imprisonment for the current child sex crime may be increased by not more than 10 years.

AB291,8,24 (b) Paragraph (a) does not apply if the person was 25 years of age or older at the time he or she committed the subsequent child sex crime.

AB291,9,2 (c) If a person is sentenced under par. (a), a court may not also impose an enhanced sentence under sub. (2).

AB291, s. 18 Section 18. 939.626 (3) of the statutes is amended to read:

AB291,9,5 939.626 (3) If a person is sentenced under this section sub. (2) or (2m), a court may not also impose an enhanced sentence under s. 939.62.

AB291, s. 19 Section 19. 973.014 (2) of the statutes is amended to read:

AB291,9,9 973.014 (2) When a court sentences a person to life imprisonment under s. 939.62 (2m) (c), the court shall provide that the sentence is without the possibility of parole.

AB291, s. 20 Section 20. Initial applicability.

AB291,9,13 (1) This act applies to offenses committed on or after the effective date of this subsection, but does not preclude the counting of adjudications of delinquency for offenses that occurred before the effective date of this subsection.

AB291,9,14 (End)