AB1, s. 326
4Section
326. 942.06 (2m) (a) of the statutes is amended to read:
AB1,105,75
942.06
(2m) (a) An employe or agent of the department of corrections who
6conducts a lie detector test of a probationer
or, parolee
or person on extended
7supervision under the rules promulgated under s. 301.132.
AB1, s. 327
8Section
327. 942.06 (2q) (a) (intro.) of the statutes is amended to read:
AB1,105,129
942.06
(2q) (a) (intro.) An employe or agent of the department of corrections
10who discloses, to any of the following, the fact that a probationer
or, parolee
or person
11on extended supervision has had a lie detector test under the rules promulgated
12under s. 301.132 or the results of such a lie detector test:
AB1, s. 328
13Section
328. 946.42 (1) (a) of the statutes is amended to read:
AB1,106,414
946.42
(1) (a) "Custody" includes without limitation actual custody of an
15institution, including a secured correctional facility, as defined in s. 938.02 (15m), a
16secured child caring institution, as defined in s. 938.02 (15g), a secure detention
17facility, as defined in s. 938.02 (16), a Type 2 child caring institution, as defined in
18s. 938.02 (19r), or a juvenile portion of a county jail, or of a peace officer or institution
19guard and constructive custody of prisoners and juveniles subject to an order under
20s. 48.366, 938.183, 938.34 (4d), (4h) or (4m) or 938.357 (4) or (5) (e) temporarily
21outside the institution whether for the purpose of work, school, medical care, a leave
22granted under s. 303.068, a temporary leave or furlough granted to a juvenile or
23otherwise. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the
24county to which the prisoner was transferred after conviction. It does not include the
25custody of a probationer
or, parolee
or person on extended supervision by the
1department of corrections or a probation
, extended supervision or parole officer or
2the custody of a person who has been released to aftercare supervision under ch. 938
3unless the person is in actual custody or is subject to a confinement order under s.
4973.09 (4).
AB1, s. 329
5Section
329. 946.46 of the statutes is amended to read:
AB1,106,12
6946.46 (title)
Encouraging violation of probation, extended
7supervision or parole. Whoever intentionally aids or encourages a parolee
or, 8probationer
or person on extended supervision or any person committed to the
9custody or supervision of the department of corrections or a county department
10under s. 46.215, 46.22 or 46.23 by reason of crime or delinquency to abscond or violate
11a term or condition of parole
, extended supervision or probation is guilty of a Class
12A misdemeanor.
AB1, s. 330
13Section
330. 946.85 (1) of the statutes is amended to read:
AB1,106,1814
946.85
(1) Any person who engages in a continuing criminal enterprise shall
15be imprisoned
for not less than 10 years nor more than
20 30 years, and fined not
16more than $10,000 or as provided in s. 946.84 (2). If the court imposes a sentence less
17than the presumptive minimum sentence, it shall place its reasons for doing so on
18the record.
AB1, s. 331
19Section
331. 950.04 (1v) (v) of the statutes, as created by 1997 Wisconsin Act
20.... (Assembly Bill 342), is amended to read:
AB1,107,221
950.04
(1v) (v) To notification by the department of corrections under s. 301.046
22(4) regarding community residential confinements, under s. 301.048 (4m) regarding
23participation in the intensive sanctions program, under s. 301.38 regarding escapes
24from a Type 1 prison, under s. 301.46 (3) regarding persons registered under s.
25301.45, under s. 302.115 regarding release upon expiration of certain sentences,
1under s. 304.063 regarding
extended supervision and parole releases, and under s.
2938.51 regarding release or escape of a juvenile from correctional custody.
AB1, s. 332
3Section
332. 950.04 (1v) (vm) of the statutes is created to read:
AB1,107,64
950.04
(1v) (vm) To have the appropriate clerk of court send the victim a copy
5of an inmate's petition for extended supervision and notification of the hearing on
6that petition under s. 302.114 (6).
AB1, s. 333
7Section
333. 961.41 (1) (a) of the statutes is amended to read:
AB1,107,128
961.41
(1) (a) Except as provided in par. (d), a controlled substance included
9in schedule I or II which is a narcotic drug, or a controlled substance analog of a
10controlled substance included in schedule I or II which is a narcotic drug, may be
11fined not more than $25,000 or imprisoned for not more than
15 22 years
and 6
12months or both.
AB1, s. 334
13Section
334. 961.41 (1) (b) of the statutes is amended to read:
AB1,107,1714
961.41
(1) (b) Except as provided in pars. (cm) and (e) to (h), any other
15controlled substance included in schedule I, II or III, or a controlled substance analog
16of any other controlled substance included in schedule I or II, may be fined not more
17than $15,000 or imprisoned for not more than
5 7 years
and 6 months or both.
AB1, s. 335
18Section
335. 961.41 (1) (cm) 1. of the statutes is amended to read:
AB1,107,2019
961.41
(1) (cm) 1. Five grams or less, the person shall be fined not more than
20$500,000 and may be imprisoned for not more than
10
15 years.
AB1, s. 336
21Section
336. 961.41 (1) (cm) 2. of the statutes is amended to read:
AB1,107,2422
961.41
(1) (cm) 2. More than 5 grams but not more than 15 grams, the person
23shall be fined not more than $500,000 and shall be imprisoned for not less than one
24year nor more than
15 22 years
and 6 months.
AB1, s. 337
25Section
337. 961.41 (1) (cm) 3. of the statutes is amended to read:
AB1,108,3
1961.41
(1) (cm) 3. More than 15 grams but not more than 40 grams, the person
2shall be fined not more than $500,000 and shall be imprisoned for not less than 3
3years nor more than
20 30 years.
AB1, s. 338
4Section
338. 961.41 (1) (cm) 4. of the statutes is amended to read:
AB1,108,75
961.41
(1) (cm) 4. More than 40 grams but not more than 100 grams, the person
6shall be fined not more than $500,000 and shall be imprisoned for not less than 5
7years nor more than
30 45 years.
AB1, s. 339
8Section
339. 961.41 (1) (cm) 5. of the statutes is amended to read:
AB1,108,119
961.41
(1) (cm) 5. More than 100 grams, the person shall be fined not more than
10$500,000 and shall be imprisoned for not less than 10 years nor more than
30 45 11years.
AB1, s. 340
12Section
340. 961.41 (1) (d) 1. of the statutes is amended to read:
AB1,108,1513
961.41
(1) (d) 1. Three grams or less, the person shall be fined not less than
14$1,000 nor more than $200,000 and may be imprisoned for not more than
15 22 years
15and 6 months.
AB1, s. 341
16Section
341. 961.41 (1) (d) 2. of the statutes is amended to read:
AB1,108,1917
961.41
(1) (d) 2. More than 3 grams but not more than 10 grams, the person
18shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned
19for not less than 6 months nor more than
15 22 years
and 6 months.
AB1, s. 342
20Section
342. 961.41 (1) (d) 3. of the statutes is amended to read:
AB1,108,2321
961.41
(1) (d) 3. More than 10 grams but not more than 50 grams, the person
22shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
23for not less than one year nor more than
15 22 years
and 6 months.
AB1, s. 343
24Section
343. 961.41 (1) (d) 4. of the statutes is amended to read:
AB1,109,3
1961.41
(1) (d) 4. More than 50 grams but not more than 200 grams, the person
2shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
3for not less than 3 years nor more than
15 22 years
and 6 months.
AB1, s. 344
4Section
344. 961.41 (1) (d) 5. of the statutes is amended to read:
AB1,109,75
961.41
(1) (d) 5. More than 200 grams but not more than 400 grams, the person
6shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
7for not less than 5 years nor more than
15 22 years
and 6 months.
AB1, s. 345
8Section
345. 961.41 (1) (d) 6. of the statutes is amended to read:
AB1,109,119
961.41
(1) (d) 6. More than 400 grams, the person shall be fined not less than
10$1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years
11nor more than
30 45 years.
AB1, s. 346
12Section
346. 961.41 (1) (e) 1. of the statutes is amended to read:
AB1,109,1513
961.41
(1) (e) 1. Three grams or less, the person shall be fined not less than
14$1,000 nor more than $200,000 and may be imprisoned for not more than
5 7 years
15and 6 months.
AB1, s. 347
16Section
347. 961.41 (1) (e) 2. of the statutes is amended to read:
AB1,109,1917
961.41
(1) (e) 2. More than 3 grams but not more than 10 grams, the person
18shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned
19for not less than 6 months nor more than
5 7 years
and 6 months.
AB1, s. 348
20Section
348. 961.41 (1) (e) 3. of the statutes is amended to read:
AB1,109,2321
961.41
(1) (e) 3. More than 10 grams but not more than 50 grams, the person
22shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
23for not less than one year nor more than
15 22 years
and 6 months.
AB1, s. 349
24Section
349. 961.41 (1) (e) 4. of the statutes is amended to read:
AB1,110,3
1961.41
(1) (e) 4. More than 50 grams but not more than 200 grams, the person
2shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
3for not less than 3 years nor more than
15 22 years
and 6 months.
AB1, s. 350
4Section
350. 961.41 (1) (e) 5. of the statutes is amended to read:
AB1,110,75
961.41
(1) (e) 5. More than 200 grams but not more than 400 grams, the person
6shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
7for not less than 5 years nor more than
15 22 years
and 6 months.
AB1, s. 351
8Section
351. 961.41 (1) (e) 6. of the statutes is amended to read:
AB1,110,119
961.41
(1) (e) 6. More than 400 grams, the person shall be fined not less than
10$1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years
11nor more than
30 45 years.
AB1, s. 352
12Section
352. 961.41 (1) (f) 1. of the statutes is amended to read:
AB1,110,1513
961.41
(1) (f) 1. One gram or less, the person shall be fined not less than $1,000
14nor more than $200,000 and may be imprisoned for not more than
5 7 years
and 6
15months.
AB1, s. 353
16Section
353. 961.41 (1) (f) 2. of the statutes is amended to read:
AB1,110,1917
961.41
(1) (f) 2. More than one gram but not more than 5 grams, the person shall
18be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not
19less than 6 months nor more than
5 7 years
and 6 months.
AB1, s. 354
20Section
354. 961.41 (1) (f) 3. of the statutes is amended to read:
AB1,110,2321
961.41
(1) (f) 3. More than 5 grams, the person shall be fined not less than
22$1,000 nor more than $500,000 and shall be imprisoned for not less than one year
23nor more than
15 22 years
and 6 months.
AB1, s. 355
24Section
355. 961.41 (1) (g) 1. of the statutes is amended to read:
AB1,111,3
1961.41
(1) (g) 1. One hundred grams or less, the person shall be fined not less
2than $1,000 nor more than $200,000 and may be imprisoned for not more than
5 7 3years
and 6 months.
AB1, s. 356
4Section
356. 961.41 (1) (g) 2. of the statutes is amended to read:
AB1,111,75
961.41
(1) (g) 2. More than 100 grams but not more than 500 grams, the person
6shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned
7for not less than 6 months nor more than
5 7 years
and 6 months.
AB1, s. 357
8Section
357. 961.41 (1) (g) 3. of the statutes is amended to read:
AB1,111,119
961.41
(1) (g) 3. More than 500 grams, the person shall be fined not less than
10$1,000 nor more than $500,000 and shall be imprisoned for not less than one year
11nor more than
15 22 years
and 6 months.
AB1, s. 358
12Section
358. 961.41 (1) (h) 1. of the statutes is amended to read:
AB1,111,1513
961.41
(1) (h) 1. Five hundred grams or less, or 10 or fewer plants containing
14tetrahydrocannabinols, the person shall be fined not less than $500 nor more than
15$25,000 and may be imprisoned for not more than
3
4 years
and 6 months.
AB1, s. 359
16Section
359. 961.41 (1) (h) 2. of the statutes is amended to read:
AB1,111,2117
961.41
(1) (h) 2. More than 500 grams but not more than 2,500 grams, or more
18than 10 plants containing tetrahydrocannabinols but not more than 50 plants
19containing tetrahydrocannabinols, the person shall be fined not less than $1,000 nor
20more than $50,000 and shall be imprisoned for not less than 3 months nor more than
215 7 years
and 6 months.
AB1, s. 360
22Section
360. 961.41 (1) (h) 3. of the statutes is amended to read:
AB1,112,223
961.41
(1) (h) 3. More than 2,500 grams, or more than 50 plants containing
24tetrahydrocannabinols, the person shall be fined not less than $1,000 nor more than
1$100,000 and shall be imprisoned for not less than one year nor more than
10 15 2years.
AB1, s. 361
3Section
361. 961.41 (1) (i) of the statutes is amended to read:
AB1,112,54
961.41
(1) (i) A substance included in schedule IV, may be fined not more than
5$10,000 or imprisoned for not more than
3 4 years
and 6 months or both.
AB1, s. 362
6Section
362. 961.41 (1) (j) of the statutes is amended to read:
AB1,112,87
961.41
(1) (j) A substance included in schedule V, may be fined not more than
8$5,000 or imprisoned for not more than
one year 2 years or both.
AB1, s. 363
9Section
363. 961.41 (1m) (a) of the statutes is amended to read:
AB1,112,1410
961.41
(1m) (a) Except as provided in par. (d), a controlled substance included
11in schedule I or II which is a narcotic drug or a controlled substance analog of a
12controlled substance included in schedule I or II which is a narcotic drug, may be
13fined not more than $25,000 or imprisoned for not more than
15 22 years
and 6
14months or both.
AB1, s. 364
15Section
364. 961.41 (1m) (b) of the statutes is amended to read:
AB1,112,1916
961.41
(1m) (b) Except as provided in pars. (cm) and (e) to (h), any other
17controlled substance included in schedule I, II or III, or a controlled substance analog
18of any other controlled substance included in schedule I or II, may be fined not more
19than $15,000 or imprisoned for not more than
5 7 years
and 6 months or both.
AB1, s. 365
20Section
365. 961.41 (1m) (cm) 1. of the statutes is amended to read:
AB1,112,2221
961.41
(1m) (cm) 1. Five grams or less, the person shall be fined not more than
22$500,000 and may be imprisoned for not more than
10
15 years.
AB1, s. 366
23Section
366. 961.41 (1m) (cm) 2. of the statutes is amended to read:
AB1,113,3
1961.41
(1m) (cm) 2. More than 5 grams but not more than 15 grams, the person
2shall be fined not more than $500,000 and shall be imprisoned for not less than one
3year nor more than
15 22 years
and 6 months.
AB1, s. 367
4Section
367. 961.41 (1m) (cm) 3. of the statutes is amended to read:
AB1,113,75
961.41
(1m) (cm) 3. More than 15 grams but not more than 40 grams, the
6person shall be fined not more than $500,000 and shall be imprisoned for not less
7than 3 years nor more than
20 30 years.
AB1, s. 368
8Section
368. 961.41 (1m) (cm) 4. of the statutes is amended to read:
AB1,113,119
961.41
(1m) (cm) 4. More than 40 grams but not more than 100 grams, the
10person shall be fined not more than $500,000 and shall be imprisoned for not less
11than 5 years nor more than
30 45 years.
AB1, s. 369
12Section
369. 961.41 (1m) (cm) 5. of the statutes is amended to read:
AB1,113,1513
961.41
(1m) (cm) 5. More than 100 grams, the person shall be fined not more
14than $500,000 and shall be imprisoned for not less than 10 years nor more than
30 1545 years.
AB1, s. 370
16Section
370. 961.41 (1m) (d) 1. of the statutes is amended to read: