AB1, s. 378
24Section
378. 961.41 (1m) (e) 3. of the statutes is amended to read:
AB1,115,3
1961.41
(1m) (e) 3. More than 10 grams but not more than 50 grams, the person
2shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
3for not less than one year nor more than
15 22 years
and 6 months.
AB1, s. 379
4Section
379. 961.41 (1m) (e) 4. of the statutes is amended to read:
AB1,115,75
961.41
(1m) (e) 4. More than 50 grams but not more than 200 grams, the person
6shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
7for not less than 3 years nor more than
15 22 years
and 6 months.
AB1, s. 380
8Section
380. 961.41 (1m) (e) 5. of the statutes is amended to read:
AB1,115,119
961.41
(1m) (e) 5. More than 200 grams but not more than 400 grams, the
10person shall be fined not less than $1,000 nor more than $500,000 and shall be
11imprisoned for not less than 5 years nor more than
15
22 years
and 6 months.
AB1, s. 381
12Section
381. 961.41 (1m) (e) 6. of the statutes is amended to read:
AB1,115,1513
961.41
(1m) (e) 6. More than 400 grams, the person shall be fined not less than
14$1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years
15nor more than
30 45 years.
AB1, s. 382
16Section
382. 961.41 (1m) (f) 1. of the statutes is amended to read:
AB1,115,1917
961.41
(1m) (f) 1. One gram or less, the person shall be fined not less than
18$1,000 nor more than $100,000 and may be imprisoned for not more than
5 7 years
19and 6 months.
AB1, s. 383
20Section
383. 961.41 (1m) (f) 2. of the statutes is amended to read:
AB1,115,2321
961.41
(1m) (f) 2. More than one gram but not more than 5 grams, the person
22shall be fined not less than $1,000 nor more than $200,000 and shall be imprisoned
23for not less than 6 months nor more than
5 7 years
and 6 months.
AB1, s. 384
24Section
384. 961.41 (1m) (f) 3. of the statutes is amended to read:
AB1,116,3
1961.41
(1m) (f) 3. More than 5 grams, the person shall be fined not less than
2$1,000 nor more than $500,000 and shall be imprisoned for not less than one year
3nor more than
15 22 years
and 6 months.
AB1, s. 385
4Section
385. 961.41 (1m) (g) 1. of the statutes is amended to read:
AB1,116,75
961.41
(1m) (g) 1. One hundred grams or less, the person shall be fined not less
6than $1,000 nor more than $100,000 and may be imprisoned for not more than
5 7 7years
and 6 months.
AB1, s. 386
8Section
386. 961.41 (1m) (g) 2. of the statutes is amended to read:
AB1,116,119
961.41
(1m) (g) 2. More than 100 grams but not more than 500 grams, the
10person shall be fined not less than $1,000 nor more than $200,000 and shall be
11imprisoned for not less than 6 months nor more than
5
7 years
and 6 months.
AB1, s. 387
12Section
387. 961.41 (1m) (g) 3. of the statutes is amended to read:
AB1,116,1513
961.41
(1m) (g) 3. More than 500 grams, the person shall be fined not less than
14$1,000 nor more than $500,000 and shall be imprisoned for not less than one year
15nor more than
15 22 years
and 6 months.
AB1, s. 388
16Section
388. 961.41 (1m) (h) 1. of the statutes is amended to read:
AB1,116,1917
961.41
(1m) (h) 1. Five hundred grams or less, or 10 or fewer plants containing
18tetrahydrocannabinols, the person shall be fined not less than $500 nor more than
19$25,000 and may be imprisoned for not more than
3
4 years
and 6 months.
AB1, s. 389
20Section
389. 961.41 (1m) (h) 2. of the statutes is amended to read:
AB1,116,2521
961.41
(1m) (h) 2. More than 500 grams but not more than 2,500 grams, or more
22than 10 plants containing tetrahydrocannabinols but not more than 50 plants
23containing tetrahydrocannabinols, the person shall be fined not less than $1,000 nor
24more than $50,000 and shall be imprisoned for not less than 3 months nor more than
255 7 years
and 6 months.
AB1, s. 390
1Section
390. 961.41 (1m) (h) 3. of the statutes is amended to read:
AB1,117,52
961.41
(1m) (h) 3. More than 2,500 grams, or more than 50 plants containing
3tetrahydrocannabinols, the person shall be fined not less than $1,000 nor more than
4$100,000 and shall be imprisoned for not less than one year nor more than
10 15 5years.
AB1, s. 391
6Section
391. 961.41 (1m) (i) of the statutes is amended to read:
AB1,117,87
961.41
(1m) (i) A substance included in schedule IV, may be fined not more than
8$10,000 or imprisoned for not more than
3 4 years
and 6 months or both.
AB1, s. 392
9Section
392. 961.41 (1m) (j) of the statutes is amended to read:
AB1,117,1110
961.41
(1m) (j) A substance included in schedule V, may be fined not more than
11$5,000 or imprisoned for not more than
one year 2 years or both.
AB1, s. 393
12Section
393. 961.41 (1n) (c) of the statutes is amended to read:
AB1,117,1413
961.41
(1n) (c) A person who violates par. (a) or (b) may be fined not more than
14$250,000 or imprisoned for not more than
10 15 years or both.
AB1, s. 394
15Section
394. 961.41 (2) (a) of the statutes is amended to read:
AB1,117,1816
961.41
(2) (a) A counterfeit substance included in schedule I or II which is a
17narcotic drug, may be fined not more than $25,000 or imprisoned for not more than
1815 22 years
and 6 months or both.
AB1, s. 395
19Section
395. 961.41 (2) (b) of the statutes is amended to read:
AB1,117,2220
961.41
(2) (b) Any other counterfeit substance included in schedule I, II or III,
21may be fined not more than $15,000 or imprisoned for not more than
5 7 years
and
226 months or both.
AB1, s. 396
23Section
396. 961.41 (2) (c) of the statutes is amended to read:
AB1,117,2524
961.41
(2) (c) A counterfeit substance included in schedule IV, may be fined not
25more than $10,000 or imprisoned for not more than
3
4 years
and 6 months or both.
AB1, s. 397
1Section
397. 961.41 (2) (d) of the statutes is amended to read:
AB1,118,32
961.41
(2) (d) A counterfeit substance included in schedule V, may be fined not
3more than $5,000 or imprisoned for not more than
one year 2 years or both.
AB1, s. 398
4Section
398. 961.41 (3g) (a) 1. of the statutes is amended to read:
AB1,118,115
961.41
(3g) (a) 1. Except as provided in subd. 2., if the person possesses a
6controlled substance included in schedule I or II which is a narcotic drug or possesses
7a controlled substance analog of a controlled substance included in schedule I or II
8which is a narcotic drug, the person may, upon a first conviction, be fined not more
9than $5,000 or imprisoned for not more than
one year
2 or both, and for a 2nd or
10subsequent offense, the person may be fined not more than $10,000 or imprisoned
11for not more than
2 3 years or both.
AB1, s. 399
12Section
399. 961.41 (3g) (a) 2. of the statutes is amended to read:
AB1,118,1513
961.41
(3g) (a) 2. If the person possesses or attempts to possess heroin or a
14controlled substance analog of heroin, the person may be fined not more than $5,000
15or imprisoned for not more than
one year 2 years or both.
AB1, s. 400
16Section
400. 961.41 (4) (am) 3. of the statutes is amended to read:
AB1,118,1817
961.41
(4) (am) 3. A person convicted of violating this paragraph may be fined
18not more than $5,000 or imprisoned for not more than
one year 2 years or both.
AB1, s. 401
19Section
401. 961.42 (2) of the statutes is amended to read:
AB1,118,2120
961.42
(2) Any person who violates this section may be fined not more than
21$25,000 or imprisoned not more than
one year 2 years or both.
AB1, s. 402
22Section
402. 961.43 (2) of the statutes is amended to read:
AB1,118,2423
961.43
(2) Any person who violates this section may be fined not more than
24$30,000 or imprisoned not more than
4 6 years or both.
AB1, s. 403
25Section
403. 961.455 (1) of the statutes is amended to read:
AB1,119,4
1961.455
(1) Any person who has attained the age of 17 years who knowingly
2solicits, hires, directs, employs or uses a person who is 17 years of age or under for
3the purpose of violating s. 961.41 (1) may be fined not more than $50,000 or
4imprisoned for not more than
10 15 years or both.
AB1, s. 404
5Section
404. 961.49 (2) (a) of the statutes is amended to read:
AB1,119,206
961.49
(2) (a) Except as provided in par. (b), if any person violates s. 961.41 (1)
7by delivering or distributing, or violates s. 961.41 (1m) by possessing with intent to
8deliver or distribute, a controlled substance included in schedule I or II or a
9controlled substance analog of a controlled substance included in schedule I or II
10while in or on the premises of a scattered-site public housing project, while in or on
11or otherwise within 1,000 feet of a state, county, city, village or town park, a jail or
12correctional facility, a multiunit public housing project, a swimming pool open to
13members of the public, a youth center or a community center, while in or on or
14otherwise within 1,000 feet of any private or public school premises or while in or on
15or otherwise within 1,000 feet of a school bus, as defined in s. 340.01 (56), the court
16shall sentence the person to at least 3 years in prison, but otherwise the penalties
17for the crime apply. Except as provided in s. 961.438, the court shall not place the
18person on probation.
The Except as provided in s. 973.01 (6), the person is not eligible
19for parole until he or she has served at least 3 years, with no modification by the
20calculation under s. 302.11 (1).
AB1, s. 405
21Section
405. 961.49 (2) (b) of the statutes is amended to read:
AB1,120,422
961.49
(2) (b) If the conduct described in par. (a) involves only the delivery or
23distribution, or the possession with intent to deliver or distribute, of not more than
2425 grams of tetrahydrocannabinols, included in s. 961.14 (4) (t), or not more than 5
25plants containing tetrahydrocannabinols, the court shall sentence the person to at
1least one year in prison, but otherwise the penalties for the crime apply. Except as
2provided in s. 961.438, the court shall not place the person on probation.
The Except
3as provided in s. 973.01 (6), the person is not eligible for parole until he or she has
4served at least one year, with no modification by the calculation under s. 302.11 (1).
AB1, s. 406
5Section
406. 968.31 (1) (intro.) of the statutes is amended to read:
AB1,120,96
968.31
(1) (intro.) Except as otherwise specifically provided in ss. 196.63 or
7968.28 to 968.30, whoever commits any of the acts enumerated in this section may
8be fined not more than $10,000 or imprisoned for not more than
5 7 years
and 6
9months or both:
AB1, s. 407
10Section
407. 968.34 (3) of the statutes is amended to read:
AB1,120,1211
968.34
(3) Whoever knowingly violates sub. (1) shall be fined not more than
12$10,000 or imprisoned
for not more than
one year 2 years or both.
AB1, s. 408
13Section
408. 968.43 (3) of the statutes, as affected by 1996 Supreme Court
14Order 96-08, is repealed and recreated to read:
AB1,120,1615
968.43
(3) Any person who violates an oath or affirmation required by sub. (2)
16may be imprisoned for not more than 7 years and 6 months.
AB1, s. 409
17Section
409. 969.01 (4) of the statutes is amended to read:
AB1,121,1018
969.01
(4) Considerations in setting conditions of release. If bail is imposed,
19it shall be only in the amount found necessary to assure the appearance of the
20defendant. Conditions of release, other than monetary conditions, may be imposed
21for the purpose of protecting members of the community from serious bodily harm
22or preventing intimidation of witnesses. Proper considerations in determining
23whether to release the defendant without bail, fixing a reasonable amount of bail or
24imposing other reasonable conditions of release are: the ability of the arrested person
25to give bail, the nature, number and gravity of the offenses and the potential penalty
1the defendant faces, whether the alleged acts were violent in nature, the defendant's
2prior record of criminal convictions and delinquency adjudications, if any, the
3character, health, residence and reputation of the defendant, the character and
4strength of the evidence which has been presented to the judge, whether the
5defendant is currently on probation
, extended supervision or parole, whether the
6defendant is already on bail or subject to other release conditions in other pending
7cases, whether the defendant has been bound over for trial after a preliminary
8examination, whether the defendant has in the past forfeited bail or violated a
9condition of release or was a fugitive from justice at the time of arrest, and the policy
10against unnecessary detention of the defendant's pending trial.
AB1, s. 410
11Section
410. 971.11 (1) of the statutes is amended to read:
AB1,121,2112
971.11
(1) Whenever the warden or superintendent receives notice of an
13untried criminal case pending in this state against an inmate of a state prison, the
14warden or superintendent shall, at the request of the inmate, send by certified mail
15a written request to the district attorney for prompt disposition of the case. The
16request shall state the sentence then being served, the date of parole eligibility, if
17applicable,
or the date of release to extended supervision, the approximate discharge
18or conditional release date, and prior decision relating to parole. If there has been
19no preliminary examination on the pending case, the request shall state whether the
20inmate waives such examination, and, if so, shall be accompanied by a written
21waiver signed by the inmate.
AB1, s. 411
22Section
411. 972.13 (6) of the statutes is amended to read:
AB1,121,2323
972.13
(6) The following forms may be used for judgments:
AB1,121,2424
STATE OF WISCONSIN
AB1,122,22
The State of Wisconsin
AB1,122,44
....(Name of defendant)
AB1,122,55
UPON ALL THE FILES, RECORDS AND PROCEEDINGS,
AB1,122,116
IT IS ADJUDGED That the defendant has been convicted upon the defendant's
7plea of guilty (not guilty and a verdict of guilty) (not guilty and a finding of guilty)
8(no contest) on the.... day of...., 19.., of the crime of.... in violation of s.....; and the court
9having asked the defendant whether the defendant has anything to state why
10sentence should not be pronounced, and no sufficient grounds to the contrary being
11shown or appearing to the court.
AB1,122,1212
*IT IS ADJUDGED That the defendant is guilty as convicted.
AB1,122,1413
*IT IS ADJUDGED That the defendant is hereby committed to the Wisconsin
14state prisons (county jail of.... county) for an indeterminate term of not more than.....
AB1,122,17
15*IT IS ADJUDGED That the defendant is ordered to serve a bifurcated
16sentence consisting of .... year(s) of confinement in prison and .... months/years of
17extended supervision.
AB1,122,2018
*IT IS ADJUDGED That the defendant is placed in the intensive sanctions
19program subject to the limitations of section 973.032 (3) of the Wisconsin Statutes
20and the following conditions:....
AB1,122,2321
*IT IS ADJUDGED That the defendant is hereby committed to detention in
22(the defendant's place of residence or place designated by judge) for a term of not
23more than....
AB1,122,2524
*IT IS ADJUDGED That the defendant is ordered to pay a fine of $.... (and the
25costs of this action).
AB1,123,1
1*IT IS ADJUDGED That the defendant pay restitution to....
AB1,123,32
*IT IS ADJUDGED That the defendant is restricted in his or her use of
3computers as follows:....
AB1,123,54
*The.... at.... is designated as the Reception Center to which the defendant shall
5be delivered by the sheriff.
AB1,123,76
*IT IS ORDERED That the clerk deliver a duplicate original of this judgment
7to the sheriff who shall forthwith execute the same and deliver it to the warden.
AB1,123,88
Dated this.... day of...., 19...
AB1,123,99
BY THE COURT....
AB1,123,1010
Date of Offense....,