Amendment SSA1-SB237

SB237-SSA1, s. 744 Section 744. 973.01 (2) (b) 6m. of the statutes is created to read:

SB237-SSA1,173,22 973.01 (2) (b) 6m. For a Class F felony, the term of confinement in prison may not exceed 7 years and 6 months.

SB237-SSA1, s. 745 Section 745. 973.01 (2) (b) 7. of the statutes is created to read:

SB237-SSA1,173,25 973.01 (2) (b) 7. For a Class G felony, the term of confinement in prison may not exceed 5 years.

SB237-SSA1, s. 746 Section 746. 973.01 (2) (b) 8. of the statutes is created to read:

SB237-SSA1,174,3 973.01 (2) (b) 8. For a Class H felony, the term of confinement in prison may not exceed 3 years.

SB237-SSA1, s. 747 Section 747. 973.01 (2) (b) 9. of the statutes is created to read:

SB237-SSA1,174,6 973.01 (2) (b) 9. For a Class I felony, the term of confinement in prison may not exceed one year and 6 months.

SB237-SSA1, s. 748 Section 748. 973.01 (2) (c) of the statutes is renumbered 973.01 (2) (c) 1. and amended to read:

SB237-SSA1,174,14 973.01 (2) (c) 1. The Subject to the minimum period of extended supervision required under par. (d), the maximum term of confinement in prison specified in par. (b) may be increased by any applicable penalty enhancement statute. If the maximum term of confinement in prison specified in par. (b) is increased under this paragraph, the total length of the bifurcated sentence that may be imposed is increased by the same amount.

SB237-SSA1, s. 749 Section 749. 973.01 (2) (c) 2. of the statutes is created to read:

SB237-SSA1,174,18 973.01 (2) (c) 2. If more than one of the following penalty enhancement statutes apply to a crime, the court shall apply them in the order listed in calculating the maximum term of imprisonment for that crime:

SB237-SSA1,174,19 a. Sections 939.621, 939.632, 939.645, 961.46 and 961.49.

SB237-SSA1,174,20 b. Section 939.63.

SB237-SSA1,174,21 c. Section 939.62 or 961.48.

SB237-SSA1, s. 750 Section 750. 973.01 (2) (d) of the statutes is renumbered 973.01 (2) (d) (intro.) and amended to read:

SB237-SSA1,175,3 973.01 (2) (d) Minimum and maximum term of extended supervision. (intro.) The term of extended supervision that follows the term of confinement in prison may not be less than 25% of the length of the term of confinement in prison imposed under par. (b). and, for a classified felony, may not exceed whichever of the following is applicable:

SB237-SSA1, s. 751 Section 751. 973.01 (2) (d) 1. to 6. of the statutes are created to read:

SB237-SSA1,175,6 973.01 (2) (d) 1. For a Class B felony, the term of extended supervision may not exceed 20 years.

SB237-SSA1,175,8 2. For a Class C felony, the term of extended supervision may not exceed 15 years.

SB237-SSA1,175,10 3. For a Class D felony, the term of extended supervision may not exceed 10 years.

SB237-SSA1,175,12 4. For a Class E, F or G felony, the term of extended supervision may not exceed 5 years.

SB237-SSA1,175,14 5. For a Class H felony, the term of extended supervision may not exceed 3 years.

SB237-SSA1,175,15 6. For a Class I felony, the term of extended supervision may not exceed 2 years.

SB237-SSA1, s. 752 Section 752. 973.01 (4) of the statutes is amended to read:

SB237-SSA1,175,21 973.01 (4) No good time; extension or reduction of term of imprisonment. A person sentenced to a bifurcated sentence under sub. (1) shall serve the term of confinement in prison portion of the sentence without reduction for good behavior. The term of confinement in prison portion is subject to extension under s. 302.113 (3) and, if applicable, to reduction under s. 302.045 (3m) or 302.113 (9g).

SB237-SSA1, s. 753 Section 753. 973.01 (5) of the statutes is amended to read:

SB237-SSA1,175,25 973.01 (5) Other extended supervision conditions. Whenever the court imposes a bifurcated sentence under sub. (1), the court may impose conditions upon the term of extended supervision, including drug treatment under s. 973.031.

SB237-SSA1, s. 754 Section 754. 973.0135 (1) (b) 2. of the statutes is amended to read:

SB237-SSA1,176,7 973.0135 (1) (b) 2. Any felony under s. 940.09 (1), 1997 stats., s. 943.23 (1m) or (1r), 1997 stats., s. 948.35 (1) (b) or (c), 1997 stats., or s. 948.36, 1997 stats., s. 940.01, 940.02, 940.03, 940.05, 940.09 (1) (1c), 940.16, 940.19 (5), 940.195 (5), 940.21, 940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 946.43, 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.08, or 948.30 (2), 948.35 (1) (b) or (c) or 948.36.

SB237-SSA1, s. 755 Section 755. 973.0135 (2) (intro.) of the statutes is amended to read:

SB237-SSA1,176,13 973.0135 (2) (intro.) Except as provided in sub. (3), when a court sentences a prior offender to imprisonment in a state prison for a serious felony committed on or after April 21, 1994, but before December 31, 1999 July 1, 2000, the court shall make a parole eligibility determination regarding the person and choose one of the following options:

SB237-SSA1, s. 756 Section 756. 973.014 (1) (intro.) of the statutes is amended to read:

SB237-SSA1,176,18 973.014 (1) (intro.) Except as provided in sub. (2), when a court sentences a person to life imprisonment for a crime committed on or after July 1, 1988, but before December 31, 1999 July 1, 2000, the court shall make a parole eligibility determination regarding the person and choose one of the following options:

SB237-SSA1, s. 757 Section 757. 973.014 (1) (c) of the statutes is amended to read:

SB237-SSA1,176,22 973.014 (1) (c) The person is not eligible for parole. This paragraph applies only if the court sentences a person for a crime committed on or after August 31, 1995, but before December 31, 1999 July 1, 2000.

SB237-SSA1, s. 758 Section 758. 973.014 (1g) (a) (intro.) of the statutes is amended to read:

SB237-SSA1,177,2 973.014 (1g) (a) (intro.) Except as provided in sub. (2), when a court sentences a person to life imprisonment for a crime committed on or after December 31, 1999 July 1, 2000, the court shall make an extended supervision eligibility date determination regarding the person and choose one of the following options:

SB237-SSA1, s. 759 Section 759. 973.017 of the statutes is created to read:

SB237-SSA1,177,9 973.017 Bifurcated sentences; consideration of aggravating and mitigating factors; findings of fact; appeal. (1) Definition. In this section, "sentencing decision" means a decision as to whether to impose a bifurcated sentence under s. 973.01 or place a person on probation and a decision as to the length of a bifurcated sentence, including the length of each component of the bifurcated sentence, the amount of a fine and the length of a term of probation.

SB237-SSA1,177,13 (2) General requirement. When a court makes a sentencing decision concerning a person convicted of a criminal offense committed on or after July 1, 2000, the court shall consider any applicable mitigating factors and any applicable aggravating factors, including the aggravating factors specified in subs. (3) to (8).

SB237-SSA1,177,15 (3) Aggravating factors; generally. When making a sentencing decision for any crime, the court shall consider all of the following as aggravating factors:

SB237-SSA1,177,18 (a) The fact that the person committed the crime while his or her usual appearance was concealed, disguised or altered, with the intent to make it less likely that he or she would be identified with the crime.

SB237-SSA1,177,20 (b) The fact that the person committed the crime using information that was disclosed to him or her under s. 301.46.

SB237-SSA1,177,24 (c) The fact that the person committed the crime for the benefit of, at the direction of or in association with any criminal gang, as defined in s. 939.22 (9), with the specific intent to promote, further or assist in any criminal conduct by criminal gang members, as defined in s. 939.22 (9g).

SB237-SSA1,178,3 (d) The fact that the person committed the felony while wearing a vest or other garment designed, redesigned or adapted to prevent bullets from penetrating the garment.

SB237-SSA1,178,7 (e) 1. Subject to subd. 2., the fact that the person committed the felony with the intent to influence the policy of a governmental unit or to punish a governmental unit for a prior policy decision, if any of the following circumstances also applies to the felony committed by the person:

SB237-SSA1,178,8 a. The person caused bodily harm, great bodily harm or death to another.

SB237-SSA1,178,12 b. The person caused damage to the property of another and the total property damaged is reduced in value by $25,000 or more. For the purposes of this subd. 1. b., property is reduced in value by the amount that it would cost either to repair or to replace it, whichever is less.

SB237-SSA1,178,13 c. The person used force or violence or the threat of force or violence.

SB237-SSA1,178,18 2. a. In this subdivision, "labor dispute" includes any controversy concerning terms, tenure or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employe.

SB237-SSA1,178,20 b. Subdivision 1. does not apply to conduct arising out of or in connection with a labor dispute.

SB237-SSA1,178,22 (4) Aggravating factors; serious sex crimes committed while infected with certain diseases. (a) In this subsection:

SB237-SSA1,178,24 1. "HIV" means any strain of human immunodeficiency virus, which causes acquired immunodeficiency syndrome.

SB237-SSA1,179,2 2. "Serious sex crime" means a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.

SB237-SSA1,179,4 3. "Sexually transmitted disease" means syphilis, gonorrhea, hepatitis B, hepatitis C or chlamydia.

SB237-SSA1,179,7 4. "Significantly exposed" means sustaining a contact which carries a potential for transmission of a sexually transmitted disease or HIV by one or more of the following:

SB237-SSA1,179,10 a. Transmission, into a body orifice or onto mucous membrane, of blood; semen; vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial or amniotic fluid; or other body fluid that is visibly contaminated with blood.

SB237-SSA1,179,14 b. Exchange, during the accidental or intentional infliction of a penetrating wound, including a needle puncture, of blood; semen; vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial or amniotic fluid; or other body fluid that is visibly contaminated with blood.

SB237-SSA1,179,18 c. Exchange, into an eye, an open wound, an oozing lesion, or other place where a significant breakdown in the epidermal barrier has occurred, of blood; semen; vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial or amniotic fluid; or other body fluid that is visibly contaminated with blood.

SB237-SSA1,179,21 (b) When making a sentencing decision concerning a person convicted of a serious sex crime, the court shall consider as an aggravating factor the fact that the serious sex crime was committed under all of the following circumstances:

SB237-SSA1,179,25 1. At the time that he or she committed the serious sex crime, the person convicted of committing the serious sex crime had a sexually transmitted disease or acquired immunodeficiency syndrome or had had a positive test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV.

SB237-SSA1,180,5 2. At the time that he or she committed the serious sex crime, the person convicted of committing the serious sex crime knew that he or she had a sexually transmitted disease or acquired immunodeficiency syndrome or that he or she had had a positive test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV.

SB237-SSA1,180,8 3. The victim of the serious sex crime was significantly exposed to HIV or to the sexually transmitted disease, whichever is applicable, by the acts constituting the serious sex crime.

SB237-SSA1,180,10 (5) Aggravating factors; violent felony committed against elder person. (a) In this subsection:

SB237-SSA1,180,11 1. "Elder person" means any individual who is 62 years of age or older.

SB237-SSA1,180,13 2. "Violent felony" means any felony under s. 940.19 (2), (4), (5) or (6), 940.225 (1), (2) or (3), 940.23 or 943.32.

SB237-SSA1,180,17 (b) When making a sentencing decision concerning a person convicted of a violent felony, the court shall consider as an aggravating factor the fact that the victim of the violent felony was an elder person. This paragraph applies even if the person mistakenly believed that the victim had not attained the age of 62 years.

SB237-SSA1,180,24 (6) Aggravating factors; child sexual assault or child abuse by certain persons. (a) In this subsection, "person responsible for the welfare the child" includes the child's parent, stepparent, guardian, foster parent or treatment foster parent; an employe of a public or private residential home, institution or agency; any other person legally responsible for the child's welfare in a residential setting; or a person employed by one who is legally responsible for the child's welfare to exercise temporary control or care for the child.

SB237-SSA1,181,4 (b) When making a sentencing decision concerning a person convicted of a violation of s. 948.02 (1) or (2), 948.025 (1) or 948.03 (2) or (3), the court shall consider as an aggravating factor the fact that the person was a person responsible for the welfare of the child who was the victim of the violation.

SB237-SSA1,181,9 (7) Aggravating factors; homicide or injury by intoxicated use of a vehicle. When making a sentencing decision concerning a person convicted of a violation of s. 940.09 (1) or 940.25 (1), the court shall consider as an aggravating factor the fact that, at the time of the violation, there was a minor passenger under 16 years of age or an unborn child in the person's motor vehicle.

SB237-SSA1,181,12 (8) Aggravating factors; controlled substances offenses. (a) Distribution or delivery to prisoners. 1. In this paragraph, "precinct" means a place where any activity is conducted by a prison, jail or house of correction.

SB237-SSA1,181,17 2. When making a sentencing decision concerning a person convicted of violating s. 961.41 (1) or (1m), the court shall consider as an aggravating factor the fact that the violation involved delivering, distributing or possessing with intent to deliver or distribute a controlled substance or controlled substance analog to a prisoner within the precincts of any prison, jail or house of correction.

SB237-SSA1,181,24 (b) Distribution or delivery on public transit vehicles. When making a sentencing decision concerning a person convicted of violating s. 961.41 (1) or (1m), the court shall consider as an aggravating factor the fact that the violation involved delivering, distributing or possessing with intent to deliver or distribute a controlled substance included in schedule I or II or a controlled substance analog of any controlled substance included in schedule I or II and that the person knowingly used a public transit vehicle during the violation.

SB237-SSA1,182,5 (9) Aggravating factors not an element of the crime. The aggravating factors listed in this section are not elements of any crime. A prosecutor is not required to charge any aggravating factor or otherwise allege the existence of an aggravating factor in any pleading for a court to consider the aggravating factor when making a sentencing decision.

SB237-SSA1,182,11 (10) Required findings of fact. The court shall make explicit findings of fact on the record to support each element of its sentencing decision, including its decision as to whether to impose a bifurcated sentence under s. 973.01 or to place a person on probation and its decision as to the length of a bifurcated sentence, including the length of each component of the bifurcated sentence, the amount of a fine and the length of a term of probation.

SB237-SSA1,182,14 (11) Basis for appeal. In an appeal from a court's sentencing decision, the appellate court shall reverse the sentencing decision if it determines that there is not substantial evidence in the record to support the sentencing decision.

SB237-SSA1, s. 760 Section 760. 973.03 (3) (e) 1. and 2. of the statutes are amended to read:

SB237-SSA1,182,16 973.03 (3) (e) 1. A crime which is a Class A or, B or C felony.

SB237-SSA1,182,18 2. A crime which is a Class C D, E, F or G felony listed in s. 969.08 (10) (b), but not including any crime specified in s. 943.10.

SB237-SSA1, s. 761 Section 761. 973.03 (3) (e) 3. of the statutes is repealed.

SB237-SSA1, s. 762 Section 762. 973.031 of the statutes is created to read:

SB237-SSA1,183,3 973.031 Court-ordered drug treatment. Whenever the court imposes a sentence or places a person on probation for any offense committed on or after July 1, 2000, the court may order the person to participate in a drug treatment program as a condition of probation or, in the case of a person sentenced under s. 973.01, while the person is in prison or as a condition of extended supervision or both. The court may order the department to pay for the cost of drug treatment under this section from the appropriation under s. 20.410 (1) (a) for persons in jail or prison or under s. 20.410 (1) (b) for persons on probation or extended supervision.

SB237-SSA1, s. 763 Section 763. 973.032 (1) of the statutes is amended to read:

SB237-SSA1,183,10 973.032 (1) Sentence. Beginning July 1, 1992, a court may sentence a person who is convicted of a felony occurring on or after August 15, 1991, but before December 31, 1999 July 1, 2000, to participate in the intensive sanctions program under s. 301.048. If a person is convicted of a felony occurring on or after December 31, 1999 July 1, 2000, a court may not sentence the person to participate in the intensive sanctions program under s. 301.048.

SB237-SSA1, s. 764 Section 764. 973.032 (4) (c) 2. of the statutes is amended to read:

SB237-SSA1,183,14 973.032 (4) (c) 2. The person is sentenced for the escape under s. 946.42 (4) (b) to a sentence of imprisonment concurrent with the sentence to the intensive sanctions program.

SB237-SSA1, s. 765 Section 765. 973.075 (1) (b) 1m. e. of the statutes is amended to read:

SB237-SSA1,183,17 973.075 (1) (b) 1m. e. To cause more than $1,000 $2,000 worth of criminal damage to cemetery property in violation of s. 943.01 (2) (d) or 943.012.