AB465: Bill Text

AB465, s. 716 Section 716. 961.472 (2) of the statutes is amended to read:

AB465,174,7 961.472 (2) Except as provided in sub. (5), if a person pleads guilty or is found guilty of possession or attempted possession of a controlled substance or controlled substance analog under s. 961.41 (3g) (a) 2. (am), (c) or (d), the court shall order the person to comply with an assessment of the person's use of controlled substances. The court's order shall designate a facility that is operated by or pursuant to a contract with the county department established under s. 51.42 and that is certified by the department of health and family services to provide assessment services to perform the assessment and, if appropriate, to develop a proposed treatment plan. The court shall notify the person that noncompliance with the order limits the court's ability to determine whether the treatment option under s. 961.475 is appropriate. The court shall also notify the person of the fee provisions under s. 46.03 (18) (fm).

AB465, s. 717 Section 717. 961.48 (1) of the statutes is renumbered 961.48 (1) (intro.) and amended to read:

AB465,174,16 961.48 (1) (intro.) Except as provided in subs. (2) and (4), any If a person who is charged under sub. (2m) with a felony offense under this chapter that is a 2nd or subsequent offense as provided under this chapter sub. (3) and the person is convicted of that 2nd or subsequent offense may be fined an amount up to twice that otherwise authorized or imprisoned for a term up to twice the term otherwise authorized or both., the maximum term of imprisonment for the offense may be increased as follows:

AB465, s. 718 Section 718. 961.48 (1) (a) and (b) of the statutes are created to read:

AB465,174,18 961.48 (1) (a) By not more than 6 years, if the offense is a Class C or D felony.

AB465,174,19 (b) By not more than 4 years, if the offense is a Class E, F, G, H or I felony.

AB465, s. 719 Section 719. 961.48 (2) of the statutes is repealed.

AB465, s. 720 Section 720. 961.48 (2m) (a) of the statutes is amended to read:

AB465,175,4 961.48 (2m) (a) Whenever a person charged with an a felony offense under this chapter may be subject to a conviction for a 2nd or subsequent offense, he or she is not subject to an enhanced penalty under sub. (1) or (2) unless any applicable prior convictions are alleged in the complaint, indictment or information or in an amended complaint, indictment or information that is filed under par. (b) 1. A person is not subject to an enhanced penalty under sub. (1) or (2) for an offense if an allegation of applicable prior convictions is withdrawn by an amended complaint filed under par. (b) 2.

AB465, s. 721 Section 721. 961.48 (3) of the statutes is amended to read:

AB465,175,11 961.48 (3) For purposes of this section, an a felony offense under this chapter is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor offense under this chapter or under any statute of the United States or of any state relating to controlled substances or controlled substance analogs, narcotic drugs, marijuana or depressant, stimulant or hallucinogenic drugs.

AB465, s. 722 Section 722. 961.48 (4) of the statutes is repealed.

AB465, s. 723 Section 723. 961.49 (1) of the statutes is renumbered 961.49.

AB465, s. 724 Section 724. 961.49 (2) of the statutes is repealed.

AB465, s. 725 Section 725. 961.49 (3) of the statutes is repealed.

AB465, s. 726 Section 726. 961.492 of the statutes is repealed.

AB465, s. 727 Section 727. 968.255 (1) (a) 2. of the statutes is amended to read:

AB465,175,19 968.255 (1) (a) 2. Arrested for any misdemeanor under s. 167.30, 940.19, 941.20 (1), 941.23, 941.237, 941.24, 948.60, 948.605 (2) (a) or 948.61.

AB465, s. 728 Section 728. 968.31 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,175,25 968.31 (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 7 years and 6 months or both is guilty of a Class H felony:

AB465, s. 729 Section 729. 968.34 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,176,4 968.34 (3) Whoever knowingly violates sub. (1) shall may be fined not more than $10,000 or imprisoned for not more than 2 years 9 months or both.

AB465, s. 730 Section 730. 968.43 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,176,9 968.43 (3) Any person who violates an oath or affirmation required by sub. (2) may be imprisoned for not more than 7 years and 6 months is guilty of a Class H felony.

AB465, s. 731 Section 731. 969.08 (10) (a) of the statutes is amended to read:

AB465,176,13 969.08 (10) (a) "Commission of a serious crime" includes a solicitation, conspiracy or attempt, under s. 939.30, 939.31, or 939.32 or 948.35, to commit a serious crime.

AB465, s. 732 Section 732. 969.08 (10) (b) of the statutes is amended to read:

AB465,176,21 969.08 (10) (b) "Serious crime" means any crime specified in s. 346.62 (4), 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5), 940.195 (5), 940.20, 940.201, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.24, 940.25, 940.29, 940.295 (3) (b) 1g., 1m., 1r., 2. or 3., 940.31, 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.03, 943.04, 943.06, 943.10, 943.23 (1g), (1m) or (1r), 943.30, 943.32, 946.01, 946.02, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07 or 948.30.

AB465, s. 733 Section 733. 971.17 (1) of the statutes is renumbered 971.17 (1) (a) and amended to read:

AB465,177,8 971.17 (1) (a) Felonies committed before December 31, 1999. When Except as provided in par. (c), when a defendant is found not guilty by reason of mental disease or mental defect of a felony committed before December 31, 1999, the court shall commit the person to the department of health and family services for a specified period not exceeding two-thirds of the maximum term of imprisonment that could be imposed under s. 973.15 (2) (a) against an offender convicted of the same crime or crimes felony or felonies, including imprisonment authorized by ss. 346.65 (2) (f), (2j) (d) or (3m), 939.62, 939.621, 939.63, 939.635, 939.64, 939.641, 939.645, 940.09 (1b), 940.25 (1b) and 961.48 and other any applicable penalty enhancement statutes, as applicable, subject to the credit provisions of s. 973.155.

AB465,177,12 (c) Felonies punishable by life imprisonment. If the maximum term of imprisonment is a defendant is found not guilty by reason of mental disease or mental defect of a felony that is punishable by life imprisonment, the commitment period specified by the court may be life, subject to termination under sub. (5).

AB465, s. 734 Section 734. 971.17 (1) (b) of the statutes is created to read:

AB465,177,21 971.17 (1) (b) Felonies committed on or after December 31, 1999. Except as provided in par. (c), when a defendant is found not guilty by reason of mental disease or mental defect of a felony committed on or after December 31, 1999, the court shall commit the person to the department of health and family services for a specified period not exceeding the maximum term of confinement in prison that could be imposed on an offender convicted of the same felony or felonies under ss. 973.01 (2) (b) and 973.15 (2) (a), plus imprisonment authorized by any applicable penalty enhancement statutes, subject to the credit provisions of s. 973.155.

AB465, s. 735 Section 735. 971.17 (1) (d) of the statutes is created to read:

AB465,178,4 971.17 (1) (d) Misdemeanors. When a defendant is found not guilty by reason of mental disease or mental defect of a misdemeanor, the court shall commit the person to the department of health and family services for a specified period not exceeding two-thirds of the maximum term of imprisonment that could be imposed under s. 973.15 (2) (a) against an offender convicted of the same misdemeanor or misdemeanors, including imprisonment authorized by any applicable penalty enhancement statutes, subject to the credit provisions of s. 973.155.

AB465, s. 736 Section 736. 971.365 (1) (c) of the statutes is amended to read:

AB465,178,8 971.365 (1) (c) In any case under s. 961.41 (3g) (a) 2. (am), (c), (d) or (e) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

AB465, s. 737 Section 737. 971.365 (2) of the statutes is amended to read:

AB465,178,13 971.365 (2) An acquittal or conviction under sub. (1) does not bar a subsequent prosecution for any acts in violation of s. 961.41 (1) (cm), (d), (e), (f), (g) or (h), (1m) (cm), (d), (e), (f), (g) or (h) or (3g) (a) 2. (am), (c), (d) or (e) on which no evidence was received at the trial on the original charge.

AB465, s. 738 Section 738. 973.01 (1) of the statutes is amended to read:

AB465,178,19 973.01 (1) Bifurcated sentence required. Except as provided in sub. (3), whenever a court sentences a person to imprisonment in the Wisconsin state prisons for a felony crime committed on or after December 31, 1999, the court shall impose a bifurcated sentence that consists of a term of confinement in prison followed by a term of extended supervision under s. 302.113 this section.

AB465, s. 739 Section 739. 973.01 (2) (intro.) of the statutes is amended to read:

AB465,179,2 973.01 (2) Structure of bifurcated sentences. (intro.) The court shall ensure that a A bifurcated sentence is a sentence that consists of a term of confinement in prison followed by a term of extended supervision under s. 302.113. The total length of a bifurcatated sentence equals the length of the term of confinement in prison plus the length of the term of extended supervision. A bifurcated sentence imposed under sub. (1) complies this section shall comply with all of the following:

AB465, s. 740 Section 740. 973.01 (2) (a) of the statutes is amended to read:

AB465,179,9 973.01 (2) (a) Total length of bifurcated sentence. Except as provided in par. (c), the total length of the bifurcated sentence may not exceed the maximum period of imprisonment for the specified in s. 939.50 (3), if the crime is a classified felony, or the maximum term of imprisonment provided by statute for the crime, if the crime is not a classified felony, plus additional imprisonment authorized by any applicable penalty enhancement statutes.

AB465, s. 741 Section 741. 973.01 (2) (b) (intro.) of the statutes is amended to read:

AB465,179,14 973.01 (2) (b) Imprisonment portion of bifurcated sentence. (intro.) The portion of the bifurcated sentence that imposes a term of confinement in prison may not be less than one year, subject to any minimum sentence prescribed for the felony, and, except as provided in par. (c), may not exceed whichever of the following is applicable:

AB465, s. 742 Section 742. 973.01 (2) (b) 2. of the statutes is repealed.

AB465, s. 743 Section 743. 973.01 (2) (b) 3. of the statutes is amended to read:

AB465,179,18 973.01 (2) (b) 3. For a Class C felony, the term of confinement in prison may not exceed 10 25 years.

AB465, s. 744 Section 744. 973.01 (2) (b) 4. of the statutes is amended to read:

AB465,179,21 973.01 (2) (b) 4. For a Class D felony, the term of confinement in prison may not exceed 5 15 years.

AB465, s. 745 Section 745. 973.01 (2) (b) 5. of the statutes is amended to read:

AB465,179,24 973.01 (2) (b) 5. For a Class E felony, the term of confinement in prison may not exceed 2 10 years.

AB465, s. 746 Section 746. 973.01 (2) (b) 6. of the statutes is renumbered 973.01 (2) (b) 10. and amended to read:

AB465,180,5 973.01 (2) (b) 10. For any felony crime other than a felony specified in subds. 1. to 5. 9., the term of confinement in prison may not exceed 75% of the total length of the bifurcated sentence.

AB465, s. 747 Section 747. 973.01 (2) (b) 6m. of the statutes is created to read:

AB465,180,8 973.01 (2) (b) 6m. For a Class F felony, the term of confinement in prison may not exceed 7 years and 6 months.

AB465, s. 748 Section 748. 973.01 (2) (b) 7. of the statutes is created to read:

AB465,180,11 973.01 (2) (b) 7. For a Class G felony, the term of confinement in prison may not exceed 5 years.

AB465, s. 749 Section 749. 973.01 (2) (b) 8. of the statutes is created to read:

AB465,180,14 973.01 (2) (b) 8. For a Class H felony, the term of confinement in prison may not exceed 3 years.

AB465, s. 750 Section 750. 973.01 (2) (b) 9. of the statutes is created to read:

AB465,180,17 973.01 (2) (b) 9. For a Class I felony, the term of confinement in prison may not exceed one year and 6 months.

AB465, s. 751 Section 751. 973.01 (2) (c) of the statutes is renumbered 973.01 (2) (c) 1. and amended to read:

AB465,180,25 973.01 (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.

AB465, s. 752 Section 752. 973.01 (2) (c) 2. of the statutes is created to read:

AB465,181,4 973.01 (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:

AB465,181,5 a. Sections 939.621, 939.632, 939.645, 961.46 and 961.49.

AB465,181,6 b. Section 939.63.

AB465,181,7 c. Section 939.62 or 961.48.

AB465, s. 753 Section 753. 973.01 (2) (d) of the statutes is renumbered 973.01 (2) (d) (intro.) and amended to read:

AB465,181,14 973.01 (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:

AB465, s. 754 Section 754. 973.01 (2) (d) 1. to 6. of the statutes are created to read:

AB465,181,17 973.01 (2) (d) 1. For a Class B felony, the term of extended supervision may not exceed 20 years.

AB465,181,19 2. For a Class C felony, the term of extended supervision may not exceed 15 years.

AB465,181,21 3. For a Class D felony, the term of extended supervision may not exceed 10 years.

AB465,181,23 4. For a Class E, F or G felony, the term of extended supervision may not exceed 5 years.

AB465,181,25 5. For a Class H felony, the term of extended supervision may not exceed 3 years.

AB465,182,1 6. For a Class I felony, the term of extended supervision may not exceed 2 years.

AB465, s. 755 Section 755. 973.01 (4) of the statutes is amended to read:

AB465,182,7 973.01 (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).

AB465, s. 756 Section 756. 973.0135 (1) (b) 2. of the statutes is amended to read:

AB465,182,14 973.0135 (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.

AB465, s. 757 Section 757. 973.017 of the statutes is created to read:

AB465,182,21 973.017 Bifurcated sentences; use of guidelines; consideration of aggravating and mitigating factors. (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.

AB465,182,24 (2) General requirement. When a court makes a sentencing decision concerning a person convicted of a criminal offense committed on or after December 31, 1999, the court shall consider all of the following:

AB465,183,5 (a) If the offense is a felony, the sentencing guidelines adopted by the sentencing commission under s. 973.30 or, if the sentencing commission has not adopted a guideline for the offense, any applicable temporary sentencing guideline adopted by the criminal penalties study committee created under 1997 Wisconsin Act 283.