AB296: Bill Text

AB296,110,17 961.41 (1m) (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AB296, s. 392 Section 392. 961.41 (1m) (i) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,110,21 961.41 (1m) (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AB296, s. 393 Section 393. 961.41 (1m) (j) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,110,25 961.41 (1m) (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AB296, s. 394 Section 394. 961.41 (1n) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,111,4 961.41 (1n) (c) A person who violates par. (a) or (b) may be fined not more than $250,000 or imprisoned for not more than 10 years or both.

AB296, s. 395 Section 395. 961.41 (2) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,111,9 961.41 (2) (a) A counterfeit 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AB296, s. 396 Section 396. 961.41 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,111,13 961.41 (2) (b) Any other counterfeit substance included in schedule I, II or III, may be fined not more than $15,000 or imprisoned for not more than 5 years or both.

AB296, s. 397 Section 397. 961.41 (2) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,111,17 961.41 (2) (c) A counterfeit 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AB296, s. 398 Section 398. 961.41 (2) (d) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,111,21 961.41 (2) (d) A counterfeit 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. 399 Section 399. 961.41 (3g) (a) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,112,5 961.41 (3g) (a) 1. Except as provided in subd. 2., if the person possesses a controlled substance included in schedule I or II which is a narcotic drug or possesses a controlled substance analog of a controlled substance included in schedule I or II which is a narcotic drug, the person may, upon a first conviction, be fined not more than $5,000 or imprisoned for not more than one year or both, and for a 2nd or subsequent offense, the person may be fined not more than $10,000 or imprisoned for not more than 2 years or both.

AB296, s. 400 Section 400. 961.41 (3g) (a) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,112,10 961.41 (3g) (a) 2. If the person possesses or attempts to possess heroin or a controlled substance analog of heroin, the person may be fined not more than $5,000 or imprisoned for not more than one year or both.

AB296, s. 401 Section 401. 961.41 (4) (am) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,112,14 961.41 (4) (am) 3. A person convicted of violating this paragraph may be fined not more than $5,000 or imprisoned for not more than one year or both.

AB296, s. 402 Section 402. 961.42 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,112,18 961.42 (2) Any person who violates this section may be fined not more than $25,000 or imprisoned not more than one year or both.

AB296, s. 403 Section 403. 961.43 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,112,22 961.43 (2) Any person who violates this section may be fined not more than $30,000 or imprisoned not more than 4 years or both.

AB296, s. 404 Section 404. 961.455 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,113,4 961.455 (1) Any person who has attained the age of 17 years who knowingly solicits, hires, directs, employs or uses a person who is 17 years of age or under for the purpose of violating s. 961.41 (1) may be fined not more than $50,000 or imprisoned for not more than 10 years or both.

AB296, s. 405 Section 405. 961.49 (2) (am) of the statutes is amended to read:

AB296,113,10 961.49 (2) (am) The court shall sentence a person to whom par. (a) applies to at least 3 years in prison, but otherwise the penalties for the crime apply. Except as provided in s. 961.438, the court shall not place the person on probation. Except as provided in s. 973.01 (6), the The person is not eligible for parole until he or she has served at least 3 years, with no modification by the calculation under s. 302.11 (1).

AB296, s. 406 Section 406. 961.49 (2) (b) of the statutes is amended to read:

AB296,113,19 961.49 (2) (b) If the conduct described in par. (a) involves only the delivery or distribution, or the possession with intent to deliver or distribute, of not more than 25 grams of tetrahydrocannabinols, included in s. 961.14 (4) (t), or not more than 5 plants containing tetrahydrocannabinols, the court shall sentence the person to at least one year in prison, but otherwise the penalties for the crime apply. Except as provided in s. 961.438, the court shall not place the person on probation. Except as provided in s. 973.01 (6), the The person is not eligible for parole until he or she has served at least one year, with no modification by the calculation under s. 302.11 (1).

AB296, s. 407 Section 407. 968.31 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,113,24 968.31 (1) (intro.) Except as otherwise specifically provided in ss. 196.63 or 968.28 to 968.30, whoever commits any of the acts enumerated in this section may be fined not more than $10,000 or imprisoned for not more than 5 years or both:

AB296, s. 408 Section 408. 968.34 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,114,4 968.34 (3) Whoever knowingly violates sub. (1) shall be fined not more than $10,000 or imprisoned for not more than one year or both.

AB296, s. 409 Section 409. 968.43 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,114,8 968.43 (3) Any person who violates an oath or affirmation required by sub. (2) may be imprisoned for not more than 5 years.

AB296, s. 410 Section 410. 969.01 (4) of the statutes is amended to read:

AB296,115,2 969.01 (4) Considerations in setting conditions of release. If bail is imposed, it shall be only in the amount found necessary to assure the appearance of the defendant. Conditions of release, other than monetary conditions, may be imposed for the purpose of protecting members of the community from serious bodily harm or preventing intimidation of witnesses. Proper considerations in determining whether to release the defendant without bail, fixing a reasonable amount of bail or imposing other reasonable conditions of release are: the ability of the arrested person to give bail, the nature, number and gravity of the offenses and the potential penalty the defendant faces, whether the alleged acts were violent in nature, the defendant's prior record of criminal convictions and delinquency adjudications, if any, the character, health, residence and reputation of the defendant, the character and strength of the evidence which has been presented to the judge, whether the defendant is currently on probation, extended supervision or parole, whether the defendant is already on bail or subject to other release conditions in other pending cases, whether the defendant has been bound over for trial after a preliminary examination, whether the defendant has in the past forfeited bail or violated a condition of release or was a fugitive from justice at the time of arrest, and the policy against unnecessary detention of the defendant's pending trial.

AB296, s. 411 Section 411. 971.11 (1) of the statutes is amended to read:

AB296,115,13 971.11 (1) Whenever the warden or superintendent receives notice of an untried criminal case pending in this state against an inmate of a state prison, the warden or superintendent shall, at the request of the inmate, send by certified mail a written request to the district attorney for prompt disposition of the case. The request shall state the sentence then being served, the date of parole eligibility, if applicable, or the date of release to extended supervision, the approximate discharge or conditional release date, and prior decision relating to parole. If there has been no preliminary examination on the pending case, the request shall state whether the inmate waives such examination, and, if so, shall be accompanied by a written waiver signed by the inmate.

AB296, s. 412 Section 412. 972.13 (6) of the statutes is amended to read:

AB296,115,15 972.13 (6) The following forms may be used for judgments:

AB296,115,16 STATE OF WISCONSIN

AB296,115,17 .... County

AB296,115,18 In.... Court

AB296,115,19 The State of Wisconsin

AB296,115,20 vs.

AB296,115,21 ....(Name of defendant)

AB296,115,22 UPON ALL THE FILES, RECORDS AND PROCEEDINGS,

AB296,116,3 IT IS ADJUDGED That the defendant has been convicted upon the defendant's plea of guilty (not guilty and a verdict of guilty) (not guilty and a finding of guilty) (no contest) on the.... day of...., .... (year), of the crime of.... in violation of s.....; and the court having asked the defendant whether the defendant has anything to state why sentence should not be pronounced, and no sufficient grounds to the contrary being shown or appearing to the court.

AB296,116,4 *IT IS ADJUDGED That the defendant is guilty as convicted.

AB296,116,6 *IT IS ADJUDGED That the defendant is hereby committed to the Wisconsin state prisons (county jail of.... county) for an indeterminate term of not more than.....

AB296,116,9 *IT IS ADJUDGED That the defendant is ordered to serve a bifurcated sentence consisting of .... year(s) of confinement in prison and .... months/years of extended supervision.

AB296,116,12 *IT IS ADJUDGED That the defendant is placed in the intensive sanctions program subject to the limitations of section 973.032 (3) of the Wisconsin Statutes and the following conditions:....

AB296,116,15 *IT IS ADJUDGED That the defendant is hereby committed to detention in (the defendant's place of residence or place designated by judge) for a term of not more than....

AB296,116,17 *IT IS ADJUDGED That the defendant is placed on lifetime supervision by the department of corrections under section 939.615 of the Wisconsin Statutes.

AB296,116,19 *IT IS ADJUDGED That the defendant is ordered to pay a fine of $.... (and the costs of this action).

AB296,116,20 *IT IS ADJUDGED That the defendant pay restitution to....

AB296,116,22 *IT IS ADJUDGED That the defendant is restricted in his or her use of computers as follows:....

AB296,116,24 *The.... at.... is designated as the Reception Center to which the defendant shall be delivered by the sheriff.

AB296,117,2 *IT IS ORDERED That the clerk deliver a duplicate original of this judgment to the sheriff who shall forthwith execute the same and deliver it to the warden.

AB296,117,3 Dated this.... day of...., .... (year)

AB296,117,4 BY THE COURT....

AB296,117,5 Date of Offense....,

AB296,117,6 District Attorney....,

AB296,117,7 Defense Attorney....

AB296,117,8 *Strike inapplicable paragraphs.

AB296,117,9 STATE OF WISCONSIN

AB296,117,10 .... County

AB296,117,11 In.... Court

AB296,117,12 The State of Wisconsin

AB296,117,13 vs.

AB296,117,14 ....(Name of defendant)

AB296,117,16 On the.... day of...., .... (year), the district attorney appeared for the state and the defendant appeared in person and by.... the defendant's attorney.

AB296,117,17 UPON ALL THE FILES, RECORDS AND PROCEEDINGS

AB296,117,19 IT IS ADJUDGED That the defendant has been found not guilty by the verdict of the jury (by the court) and is therefore ordered discharged forthwith.

AB296,117,20 Dated this.... day of...., .... (year)

AB296,117,21 BY THE COURT....

AB296, s. 413 Section 413. 972.15 (2c) of the statutes is repealed.

AB296, s. 414 Section 414. 972.15 (5) (intro.) of the statutes is amended to read:

AB296,118,7 972.15 (5) (intro.) The department may use the presentence investigation report for correctional programming, parole consideration or care and treatment of any person sentenced to imprisonment or the intensive sanctions program, placed on probation, released on parole or extended supervision or committed to the department under ch. 51 or 971 or any other person in the custody of the department or for research purposes. The department may make the report available to other agencies or persons to use for purposes related to correctional programming, parole consideration, care and treatment, or research. Any use of the report under this subsection is subject to the following conditions:

AB296, s. 415 Section 415. 973.01 of the statutes is repealed.

AB296, s. 416 Section 416. 973.013 (1) (b) of the statutes is amended to read:

AB296,118,17 973.013 (1) (b) Except as provided in s. 973.01, the The sentence shall have the effect of a sentence at hard labor for the maximum term fixed by the court, subject to the power of actual release from confinement by parole by the department or by pardon as provided by law. If a person is sentenced for a definite time for an offense for which the person may be sentenced under this section, the person is in legal effect sentenced as required by this section, said definite time being the maximum period. A defendant convicted of a crime for which the minimum penalty is life shall be sentenced for life.

AB296, s. 417 Section 417. 973.013 (2) of the statutes is amended to read:

AB296,119,2 973.013 (2) Upon the recommendation of the department, the governor may, without the procedure required by ch. 304, discharge absolutely, or upon such conditions and restrictions and under such limitation as the governor thinks proper, any inmate committed to the Wisconsin state prisons after he or she has served the minimum term of punishment prescribed by law for the offense for which he or she was sentenced, except that if the term was life imprisonment, 5 years must elapse after release on parole or extended supervision before such a recommendation can be made to the governor. The discharge has the effect of an absolute or conditional pardon, respectively.

AB296, s. 418 Section 418. 973.0135 (2) (intro.) of the statutes is amended to read:

AB296,119,8 973.0135 (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, the court shall make a parole eligibility determination regarding the person and choose one of the following options: