Amendment CA1-ASA1-AB133

AB133-ASA1-CA1, s. 3186d Section 3186d. 938.78 (3) of the statutes is amended to read:

AB133-ASA1-CA1,765,16 938.78 (3) If a juvenile adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need of protection or services under s. 48.13 (12), 1993 stats., or s. 48.13 (14), 1993 stats., or s. 938.13 (12) or (14) on the basis of a violation of s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60, 948.605 or 948.61 or any crime specified in ch. 940 has escaped from a secured correctional facility, child caring institution, secured group home, inpatient facility, as defined in s. 51.01 (10), secure detention facility or juvenile portion of a county jail, or from the custody of a peace officer or a guard of such a facility, institution or jail, or has been allowed to leave a secured correctional facility, child caring institution, secured group home, inpatient facility, secure detention facility or juvenile portion of a county jail for a specified time period and is absent from the facility, institution, home or jail for more than 12 hours after the expiration of the specified period, the department or county department having supervision over the juvenile may release the juvenile's name and any information about the juvenile that is necessary for the protection of the public or to secure the juvenile's return to the facility, institution, home or jail. The department of corrections shall promulgate rules establishing guidelines for the release of the juvenile's name or information about the juvenile to the public.

AB133-ASA1-CA1, s. 3188d Section 3188d. 939.635 (1) of the statutes is amended to read:

AB133-ASA1-CA1,766,3 939.635 (1) Except as provided in sub. (2), if a person who has been adjudicated delinquent is convicted of violating s. 940.20 (1) while placed in a secured correctional facility, as defined in s. 938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), or is convicted of violating s. 940.20 (2m), the court shall sentence the person to not less than 3 years of imprisonment. Except as provided in sub. (2), if a person is convicted of violating s. 946.43 while placed in a secured correctional facility, as defined in s. 938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), the court shall sentence the person to not less than 5 years of imprisonment.

AB133-ASA1-CA1, s. 3189d Section 3189d. 939.635 (2) (b) of the statutes is amended to read:

AB133-ASA1-CA1,766,11 939.635 (2) (b) That imposing the applicable presumptive minimum sentence specified in sub. (1) is not necessary to deter the person or other persons from committing violations of s. 940.20 (1) or 946.43 or other similar offenses while placed in a secured correctional facility, as defined in s. 938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), or from committing violations of s. 940.20 (2m).".

AB133-ASA1-CA1,766,12 1531. Page 1436, line 16: after that line insert:

AB133-ASA1-CA1,766,13 " Section 3176m. 940.295 (1) (q) of the statutes is repealed.

AB133-ASA1-CA1, s. 3176n Section 3176n. 940.295 (2) (j) of the statutes is repealed and recreated to read:

AB133-ASA1-CA1,766,16 940.295 (2) (j) The Wisconsin School for the Deaf under s. 115.52 and the Wisconsin Center for the Blind and Visually Impaired under s. 115.525.".

AB133-ASA1-CA1,766,17 1532. Page 1436, line 16: after that line insert:

AB133-ASA1-CA1,766,19 " Section 3176m. 938.983 (title) of the statutes is renumbered 254.92 (title) and amended to read:

AB133-ASA1-CA1,766,21 254.92 (title) Purchase or possession of cigarettes or tobacco products by person under 18 prohibited.

AB133-ASA1-CA1, s. 3176n Section 3176n. 938.983 (1) of the statutes is repealed.

AB133-ASA1-CA1, s. 3176p Section 3176p. 938.983 (2) (intro.), (a) and (c) of the statutes are consolidated, renumbered 254.92 (2) (intro.) and amended to read:

AB133-ASA1-CA1,767,4 254.92 (2) (intro.) Except as provided in sub. (3), no No person under 18 years of age may do any of the following: (a) Buy or purchase, attempt to buy any cigarette or tobacco product. (c) Possess purchase or possess any cigarette or tobacco product. except as follows:

AB133-ASA1-CA1, s. 3176q Section 3176q. 938.983 (2) (b) of the statutes is renumbered 254.92 (1) and amended to read:

AB133-ASA1-CA1,767,8 254.92 (1) Falsely No person under 18 years of age may falsely represent his or her age for the purpose of receiving any cigarette or tobacco product.

AB133-ASA1-CA1, s. 3176r Section 3176r. 938.983 (3) of the statutes is renumbered 254.92 (2) (a) and amended to read:

AB133-ASA1-CA1,767,14 254.92 (2) (a) A person under 18 years of age may purchase or possess cigarettes or tobacco products for the sole purpose of resale in the course of employment during his or her working hours if employed by a retailer licensed under s. 134.65 (1).

AB133-ASA1-CA1, s. 3176s Section 3176s. 938.983 (4) of the statutes is renumbered 254.92 (3) and amended to read:

AB133-ASA1-CA1,767,19 254.92 (3) A law enforcement officer shall seize any cigarette or tobacco product involved in any violation of sub. (2) committed in his or her presence that has been sold to and is in the possession of a person under 18 years of age.

AB133-ASA1-CA1, s. 3176t Section 3176t. 938.983 (5) of the statutes is repealed.".

AB133-ASA1-CA1,767,21 1533. Page 1436, line 23: after that line insert:

AB133-ASA1-CA1,767,23 " Section 3191bd. 945.03 of the statutes is renumbered 945.03 (1m), and 945.03 (1m) (intro.), as renumbered, is amended to read:

AB133-ASA1-CA1,768,3 945.03 (1m) (intro.) Whoever intentionally does any of the following is engaged in commercial gambling and, except as provided in sub. (2m), is guilty of a Class E felony:

AB133-ASA1-CA1, s. 3191bf Section 3191bf. 945.03 (2m) of the statutes is created to read:

AB133-ASA1-CA1,768,9 945.03 (2m) If the violation of sub. (1m) involves the possession, operation, set up, collection of proceeds, participation in earnings or maintenance of, or involves acting as the custodian of anything of value bet or offered to be bet on, not more than 5 video gambling machines on premises for which a Class "B" or "Class B" license or permit has been issued under ch. 125, the person may be penalized as follows:

AB133-ASA1-CA1,768,11 (a) If the violation involves one video gambling machine, the person may be required to forfeit not more than $500.

AB133-ASA1-CA1,768,13 (b) If the violation involves 2 video gambling machines, the person may be required to forfeit not more than $1,000.

AB133-ASA1-CA1,768,15 (c) If the violation involves 3 video gambling machines, the person may be required to forfeit not more than $1,500.

AB133-ASA1-CA1,768,17 (d) If the violation involves 4 video gambling machines, the person may be required to forfeit not more than $2,000.

AB133-ASA1-CA1,768,19 (e) If the violation involves 5 video gambling machines, the person may be required to forfeit not more than $2,500.

AB133-ASA1-CA1, s. 3191bh Section 3191bh. 945.04 of the statutes is renumbered 945.04 (1m), and 945.04 (1m) (intro.), as renumbered, is amended to read:

AB133-ASA1-CA1,768,23 945.04 (1m) (intro.) Whoever Except as provided in sub. (2m), whoever intentionally does any of the following is guilty of a Class A misdemeanor:

AB133-ASA1-CA1, s. 3191bj Section 3191bj. 945.04 (2m) of the statutes is created to read:

AB133-ASA1-CA1,769,4 945.04 (2m) If the violation of sub. (1m) involves the set up or use of not more than 5 video gambling machines on premises for which a Class "B" or "Class B" license or permit has been issued under ch. 125, the person may be penalized as follows:

AB133-ASA1-CA1,769,6 (a) If the violation involves one video gambling machine, the person may be required to forfeit not more than $500.

AB133-ASA1-CA1,769,8 (b) If the violation involves 2 video gambling machines, the person may be required to forfeit not more than $1,000

AB133-ASA1-CA1,769,10 (c) If the violation involves 3 video gambling machines, the person may be required to forfeit not more than $1,500.

AB133-ASA1-CA1,769,12 (d) If the violation involves 4 video gambling machines, the person may be required to forfeit not more than $2,000

AB133-ASA1-CA1,769,14 (e) If the violation involves 5 video gambling machines, the person may be required to forfeit not more than $2,500.

AB133-ASA1-CA1, s. 3191bm Section 3191bm. 945.041 (11) of the statutes is created to read:

AB133-ASA1-CA1,769,19 945.041 (11) No proceeding under this section may be commenced to revoke a Class "B" or "Class B" license or permit issued under ch. 125 to a person solely because the person knowingly permits 5 or fewer video gambling machines to be set up, kept, managed, used or conducted upon the licensed premises.

AB133-ASA1-CA1, s. 3191bn Section 3191bn. 945.05 (1) (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,769,23 945.05 (1) (intro.) Whoever Except as provided in sub. (1m), whoever manufactures, transfers commercially or possesses with intent to transfer commercially either of the following is guilty of a Class E felony:

AB133-ASA1-CA1, s. 3191bp Section 3191bp. 945.05 (1m) of the statutes is created to read:

AB133-ASA1-CA1,770,3 945.05 (1m) If a violation of sub. (1) involves the commercial transfer of a video gambling machine or possession of a video gambling machine with the intent to transfer commercially, the person is subject to a Class C forfeiture.".

AB133-ASA1-CA1,770,4 1534. Page 1437, line 11: delete "(i) 3. or".

AB133-ASA1-CA1,770,5 1535. Page 1437, line 18: delete "(i) 3. or".

AB133-ASA1-CA1,770,6 1536. Page 1437, line 25: delete "(i)".

AB133-ASA1-CA1,770,7 1537. Page 1438, line 1: delete "3. or".

AB133-ASA1-CA1,770,8 1538. Page 1438, line 8: delete "(i) 3. or".

AB133-ASA1-CA1,770,9 1539. Page 1438, line 16: delete "(i) 3. or".

AB133-ASA1-CA1,770,10 1540. Page 1439, line 1: delete "(i) 3. or".

AB133-ASA1-CA1,770,11 1541. Page 1439, line 7: after that line insert:

AB133-ASA1-CA1,770,12 " Section 3196m. 946.82 (4) of the statutes is amended to read:

AB133-ASA1-CA1,771,3 946.82 (4) "Racketeering activity" means any activity specified in 18 USC 1961 (1) in effect as of April 27, 1982, or the attempt, conspiracy to commit, or commission of any of the felonies specified in: chs. 945 and 961 and ss. 49.49, 134.05, 139.44 (1), 180.0129, 181.0129, 185.825, 200.09 (2), 215.12, 221.0625, 221.0636, 221.0637, 221.1004, 551.41, 551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (3) to (6), 940.20, 940.201, 940.203, 940.21, 940.30, 940.305, 940.31, 941.20 (2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 943.01 (2) or (2g), 943.011, 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (b) to (d), 943.201, 943.23 (1g), (1m), (1r), (2) and (3), 943.24 (2), 943.25, 943.27, 943.28, 943.30, 943.32, 943.34 (1) (b) and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (b) and (c), 943.60, 943.70, 944.205, 944.21 (5) (c) and (e), 944.32, 944.33 (2), 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11, 946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76, 947.015, 948.05, 948.08, 948.12 and 948.30.".

AB133-ASA1-CA1,771,4 1542. Page 1439, line 7: after that line insert:

AB133-ASA1-CA1,771,5 " Section 3192d. 946.42 (1) (a) of the statutes is amended to read:

AB133-ASA1-CA1,771,21 946.42 (1) (a) "Custody" includes without limitation actual custody of an institution, including a secured correctional facility, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), a secured group home, as defined in s. 938.02 (15p), a secure detention facility, as defined in s. 938.02 (16), a Type 2 child caring institution, as defined in s. 938.02 (19r), or a juvenile portion of a county jail, or of a peace officer or institution guard and constructive custody of prisoners and juveniles subject to an order under s. 48.366, 938.183, 938.34 (4d), (4h) or (4m) or 938.357 (4) or (5) (e) temporarily outside the institution whether for the purpose of work, school, medical care, a leave granted under s. 303.068, a temporary leave or furlough granted to a juvenile or otherwise. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the county to which the prisoner was transferred after conviction. It does not include the custody of a probationer, parolee or person on extended supervision by the department of corrections or a probation, extended supervision or parole officer or the custody of a person who has been released to aftercare supervision under ch. 938 unless the person is in actual custody or is subject to a confinement order under s. 973.09 (4).

AB133-ASA1-CA1, s. 3193d Section 3193d. 946.44 (2) (c) of the statutes is amended to read:

AB133-ASA1-CA1,772,2 946.44 (2) (c) "Institution" includes a secured correctional facility, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), a secured group home, as defined in s. 938.02 (15p), and a Type 2 child caring institution, as defined in s. 938.02 (19r).

AB133-ASA1-CA1, s. 3194d Section 3194d. 946.44 (2) (d) of the statutes is amended to read:

AB133-ASA1-CA1,772,9 946.44 (2) (d) "Prisoner" includes a person who is under the supervision of the department of corrections under s. 938.34 (4h) or, who is placed in a secured correctional facility or, a secured child caring institution or a secured group home under s. 938.183, 938.34 (4m) or 938.357 (4) or (5) (e) or, who is placed in a Type 2 child caring institution under s. 938.34 (4d) or who is subject to an order under s. 48.366.

AB133-ASA1-CA1, s. 3195d Section 3195d. 946.45 (2) (c) of the statutes is amended to read:

AB133-ASA1-CA1,772,14 946.45 (2) (c) "Institution" includes a secured correctional facility, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), a secured group home, as defined in s. 938.02 (15p), and a Type 2 child caring institution, as defined in s. 938.02 (19r).

AB133-ASA1-CA1, s. 3196d Section 3196d. 946.45 (2) (d) of the statutes is amended to read:

AB133-ASA1-CA1,772,21 946.45 (2) (d) "Prisoner" includes a person who is under the supervision of the department of corrections under s. 938.34 (4h) or, who is placed in a secured correctional facility or, a secured child caring institution or a secured group home under s. 938.183, 938.34 (4m) or 938.357 (4) or (5) (e) or, who is placed in a Type 2 child caring institution under s. 938.34 (4d) or who is subject to an order under s. 48.366.".

AB133-ASA1-CA1,772,22 1543. Page 1439, line 11: after that line insert:

AB133-ASA1-CA1,772,23 " Section 3197c. 948.22 (7) (bm) of the statutes is amended to read:

AB133-ASA1-CA1,773,6 948.22 (7) (bm) Upon request, the court may modify the amount of child or spousal support payments determined under par. (b) 2. if, after considering the factors listed in s. 767.25 (1m) or 767.51 (5), regardless of the fact that the action is not one for a determination of paternity or an action specified in s. 767.25 (1), the court finds, by the greater weight of the credible evidence, that the use of the percentage standard is unfair to the child or to either of the child's parents.".

AB133-ASA1-CA1,773,7 1544. Page 1440, line 15: after that line insert:

AB133-ASA1-CA1,773,8 " Section 3201d. 968.255 (7) (b) of the statutes is amended to read:

AB133-ASA1-CA1,773,11 968.255 (7) (b) Is placed in or transferred to a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p).".

AB133-ASA1-CA1,773,12 1545. Page 1447, line 2: delete "Forest," and substitute "Forest,".

AB133-ASA1-CA1,773,13 1546. Page 1447, line 3: after that line insert:

AB133-ASA1-CA1,773,14 " Section 3207t. 978.03 (1) of the statutes is amended to read:

AB133-ASA1-CA1,773,24 978.03 (1) The district attorney of any prosecutorial unit having a population of 500,000 or more may appoint 4 5 deputy district attorneys and such assistant district attorneys as may be requested by the department of administration and authorized in accordance with s. 16.505. The district attorney shall rank the deputy district attorneys for purposes of carrying out duties under this section. The deputies, according to rank, may perform any duty of the district attorney, under the district attorney's direction. In the absence or disability of the district attorney, the deputies, according to rank, may perform any act required by law to be performed by the district attorney. Any such deputy must have practiced law in this state for at least 2 years prior to appointment under this section.".

AB133-ASA1-CA1,774,2 1547. Page 1447, line 19: delete the material beginning with that line and ending with page 1448, line 20.

AB133-ASA1-CA1,774,3 1548. Page 1453, line 4: after that line insert:

AB133-ASA1-CA1,774,4 " Section 3216d. 980.015 (2) (b) of the statutes is amended to read:

AB133-ASA1-CA1,774,8 980.015 (2) (b) The anticipated release from a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), of a person adjudicated delinquent under s. 938.183 or 938.34 on the basis of a sexually violent offense.

AB133-ASA1-CA1, s. 3217d Section 3217d. 980.02 (1) (b) 2. of the statutes is amended to read:

AB133-ASA1-CA1,774,14 980.02 (1) (b) 2. The county in which the person will reside or be placed upon his or her discharge from a sentence, release on parole or extended supervision, or release from imprisonment, from a secured correctional facility, as defined in s. 938.02 (15m), or from a secured child caring institution, as defined in s. 938.02 (15g), from a secured group home, as defined in s. 938.02 (15p), or from a commitment order.

AB133-ASA1-CA1, s. 3218d Section 3218d. 980.02 (2) (ag) of the statutes is amended to read:

AB133-ASA1-CA1,774,23 980.02 (2) (ag) The person is within 90 days of discharge or release, on parole, extended supervision or otherwise, from a sentence that was imposed for a conviction for a sexually violent offense, from a secured correctional facility, as defined in s. 938.02 (15m), or from a secured child caring institution, as defined in s. 938.02 (15g), or from a secured group home, as defined in s. 938.02 (15p), if the person was placed in the facility for being adjudicated delinquent under s. 938.183 or 938.34 on the basis of a sexually violent offense or from a commitment order that was entered as a result of a sexually violent offense.

AB133-ASA1-CA1, s. 3219d Section 3219d. 980.02 (4) (am) of the statutes is amended to read:

AB133-ASA1-CA1,775,6 980.02 (4) (am) The circuit court for the county in which the person will reside or be placed upon his or her discharge from a sentence, release on parole or extended supervision, or release from imprisonment, from a secured correctional facility, as defined in s. 938.02 (15m), or from a secured child caring institution, as defined in s. 938.02 (15g), from a secured group home, as defined in s. 938.02 (15p), or from a commitment order.