AB296: Bill Text

AB296,98,12 946.85 (1) Any person who engages in a continuing criminal enterprise shall be imprisoned for not less than 10 years nor more than 20 years, and fined not more than $10,000 or as provided in s. 946.84 (2). If the court imposes a sentence less than the presumptive minimum sentence, it shall place its reasons for doing so on the record.

AB296, s. 332 Section 332. 950.04 (1v) (v) of the statutes is amended to read:

AB296,98,21 950.04 (1v) (v) To have the department of corrections make a reasonable attempt to notify the victim under s. 301.046 (4) regarding community residential confinements, under s. 301.048 (4m) regarding participation in the intensive sanctions program, under s. 301.38 regarding escapes from a Type 1 prison, under s. 301.46 (3) regarding persons registered under s. 301.45, under s. 302.115 regarding release upon expiration of certain sentences, under s. 304.063 regarding extended supervision and parole releases, and under s. 938.51 regarding release or escape of a juvenile from correctional custody.

AB296, s. 333 Section 333. 950.04 (1v) (vm) of the statutes is repealed.

AB296, s. 334 Section 334. 961.41 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,99,4 961.41 (1) (a) Except as provided in par. (d), a controlled substance included in schedule I or II that is a narcotic drug, or a controlled substance analog of a controlled substance included in schedule I or II that is a narcotic drug, may be fined not more than $25,000 or imprisoned for not more than 15 years or both.

AB296, s. 335 Section 335. 961.41 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,99,10 961.41 (1) (b) Except as provided in pars. (cm) and (e) to (h), any other controlled substance included in schedule I, II or III, or a controlled substance analog of any other controlled substance included in schedule I or II, may be fined not more than $15,000 or imprisoned for not more than 5 years or both.

AB296, s. 336 Section 336. 961.41 (1) (cm) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,99,14 961.41 (1) (cm) 1. Five grams or less, the person shall be fined not more than $500,000 and may be imprisoned for not more than 10 years.

AB296, s. 337 Section 337. 961.41 (1) (cm) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,99,19 961.41 (1) (cm) 2. More than 5 grams but not more than 15 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than one year nor more than 15 years.

AB296, s. 338 Section 338. 961.41 (1) (cm) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,99,24 961.41 (1) (cm) 3. More than 15 grams but not more than 40 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 3 years nor more than 20 years.

AB296, s. 339 Section 339. 961.41 (1) (cm) 4. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,100,5 961.41 (1) (cm) 4. More than 40 grams but not more than 100 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 5 years nor more than 30 years.

AB296, s. 340 Section 340. 961.41 (1) (cm) 5. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,100,9 961.41 (1) (cm) 5. More than 100 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 10 years nor more than 30 years.

AB296, s. 341 Section 341. 961.41 (1) (d) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,100,13 961.41 (1) (d) 1. Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 15 years.

AB296, s. 342 Section 342. 961.41 (1) (d) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,100,18 961.41 (1) (d) 2. More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 15 years.

AB296, s. 343 Section 343. 961.41 (1) (d) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,100,23 961.41 (1) (d) 3. More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 years.

AB296, s. 344 Section 344. 961.41 (1) (d) 4. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,101,3 961.41 (1) (d) 4. More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 15 years.

AB296, s. 345 Section 345. 961.41 (1) (d) 5. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,101,8 961.41 (1) (d) 5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 15 years.

AB296, s. 346 Section 346. 961.41 (1) (d) 6. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,101,13 961.41 (1) (d) 6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years nor more than 30 years.

AB296, s. 347 Section 347. 961.41 (1) (e) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,101,17 961.41 (1) (e) 1. Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 5 years.

AB296, s. 348 Section 348. 961.41 (1) (e) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,101,22 961.41 (1) (e) 2. More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 5 years.

AB296, s. 349 Section 349. 961.41 (1) (e) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,102,3 961.41 (1) (e) 3. More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 years.

AB296, s. 350 Section 350. 961.41 (1) (e) 4. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,102,8 961.41 (1) (e) 4. More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 15 years.

AB296, s. 351 Section 351. 961.41 (1) (e) 5. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,102,13 961.41 (1) (e) 5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 15 years.

AB296, s. 352 Section 352. 961.41 (1) (e) 6. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,102,18 961.41 (1) (e) 6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years nor more than 30 years.

AB296, s. 353 Section 353. 961.41 (1) (f) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,102,22 961.41 (1) (f) 1. One gram or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 5 years.

AB296, s. 354 Section 354. 961.41 (1) (f) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,103,3 961.41 (1) (f) 2. More than one gram but not more than 5 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 5 years.

AB296, s. 355 Section 355. 961.41 (1) (f) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,103,8 961.41 (1) (f) 3. More than 5 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 years.

AB296, s. 356 Section 356. 961.41 (1) (g) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,103,13 961.41 (1) (g) 1. One hundred grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 5 years.

AB296, s. 357 Section 357. 961.41 (1) (g) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,103,18 961.41 (1) (g) 2. More than 100 grams but not more than 500 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 5 years.

AB296, s. 358 Section 358. 961.41 (1) (g) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,103,23 961.41 (1) (g) 3. More than 500 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 years.

AB296, s. 359 Section 359. 961.41 (1) (h) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,104,3 961.41 (1) (h) 1. Five hundred grams or less, or 10 or fewer plants containing tetrahydrocannabinols, the person shall be fined not less than $500 nor more than $25,000 and may be imprisoned for not more than 3 years.

AB296, s. 360 Section 360. 961.41 (1) (h) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,104,10 961.41 (1) (h) 2. More than 500 grams but not more than 2,500 grams, or more than 10 plants containing tetrahydrocannabinols but not more than 50 plants containing tetrahydrocannabinols, the person shall be fined not less than $1,000 nor more than $50,000 and shall be imprisoned for not less than 3 months nor more than 5 years.

AB296, s. 361 Section 361. 961.41 (1) (h) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,104,15 961.41 (1) (h) 3. More than 2,500 grams, or more than 50 plants containing tetrahydrocannabinols, the person shall be fined not less than $1,000 nor more than $100,000 and shall be imprisoned for not less than one year nor more than 10 years.

AB296, s. 362 Section 362. 961.41 (1) (i) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,104,19 961.41 (1) (i) A substance included in schedule IV, may be fined not more than $10,000 or imprisoned for not more than 3 years or both.

AB296, s. 363 Section 363. 961.41 (1) (j) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,104,23 961.41 (1) (j) A substance included in schedule V, may be fined not more than $5,000 or imprisoned for not more than one year or both.

AB296, s. 364 Section 364. 961.41 (1m) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,105,4 961.41 (1m) (a) Except as provided in par. (d), a controlled substance included in schedule I or II which is a narcotic drug or a controlled substance analog of a controlled substance included in schedule I or II which is a narcotic drug, may be fined not more than $25,000 or imprisoned for not more than 15 years or both.

AB296, s. 365 Section 365. 961.41 (1m) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,105,10 961.41 (1m) (b) Except as provided in pars. (cm) and (e) to (h), any other controlled substance included in schedule I, II or III, or a controlled substance analog of any other controlled substance included in schedule I or II, may be fined not more than $15,000 or imprisoned for not more than 5 years or both.

AB296, s. 366 Section 366. 961.41 (1m) (cm) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,105,14 961.41 (1m) (cm) 1. Five grams or less, the person shall be fined not more than $500,000 and may be imprisoned for not more than 10 years.

AB296, s. 367 Section 367. 961.41 (1m) (cm) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,105,19 961.41 (1m) (cm) 2. More than 5 grams but not more than 15 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than one year nor more than 15 years.

AB296, s. 368 Section 368. 961.41 (1m) (cm) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,105,24 961.41 (1m) (cm) 3. More than 15 grams but not more than 40 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 3 years nor more than 20 years.

AB296, s. 369 Section 369. 961.41 (1m) (cm) 4. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,106,5 961.41 (1m) (cm) 4. More than 40 grams but not more than 100 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 5 years nor more than 30 years.

AB296, s. 370 Section 370. 961.41 (1m) (cm) 5. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,106,10 961.41 (1m) (cm) 5. More than 100 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 10 years nor more than 30 years.

AB296, s. 371 Section 371. 961.41 (1m) (d) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,106,14 961.41 (1m) (d) 1. Three grams or less, the person shall be fined not less than $1,000 nor more than $100,000 and may be imprisoned for not more than 15 years.

AB296, s. 372 Section 372. 961.41 (1m) (d) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,106,19 961.41 (1m) (d) 2. More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $200,000 and shall be imprisoned for not less than 6 months nor more than 15 years.

AB296, s. 373 Section 373. 961.41 (1m) (d) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,106,24 961.41 (1m) (d) 3. More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 years.

AB296, s. 374 Section 374. 961.41 (1m) (d) 4. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,107,5 961.41 (1m) (d) 4. More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 15 years.

AB296, s. 375 Section 375. 961.41 (1m) (d) 5. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,107,10 961.41 (1m) (d) 5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 15 years.

AB296, s. 376 Section 376. 961.41 (1m) (d) 6. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read: