SB137, s. 329
6Section
329. 946.42 (1) (a) of the statutes is amended to read:
SB137,97,227
946.42
(1) (a) "Custody" includes without limitation actual custody of an
8institution, including a secured correctional facility, as defined in s. 938.02 (15m), a
9secured child caring institution, as defined in s. 938.02 (15g), a secure detention
10facility, as defined in s. 938.02 (16), a Type 2 child caring institution, as defined in
11s. 938.02 (19r), or a juvenile portion of a county jail, or of a peace officer or institution
12guard and constructive custody of prisoners and juveniles subject to an order under
13s. 48.366, 938.183, 938.34 (4d), (4h) or (4m) or 938.357 (4) or (5) (e) temporarily
14outside the institution whether for the purpose of work, school, medical care, a leave
15granted under s. 303.068, a temporary leave or furlough granted to a juvenile or
16otherwise. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the
17county to which the prisoner was transferred after conviction. It does not include the
18custody of a probationer
, or parolee
or person on extended supervision by the
19department of corrections or a probation
, extended supervision or parole officer or
20the custody of a person who has been released to aftercare supervision under ch. 938
21unless the person is in actual custody or is subject to a confinement order under s.
22973.09 (4).
SB137, s. 330
23Section
330. 946.46 of the statutes is amended to read:
SB137,98,5
24946.46 (title)
Encouraging violation of probation, extended
25supervision or parole. Whoever intentionally aids or encourages a parolee
, or
1probationer
or person on extended supervision or any person committed to the
2custody or supervision of the department of corrections or a county department
3under s. 46.215, 46.22 or 46.23 by reason of crime or delinquency to abscond or violate
4a term or condition of parole
, extended supervision or probation is guilty of a Class A
5misdemeanor.
SB137,98,128
946.85
(1) Any person who engages in a continuing criminal enterprise shall
9be imprisoned for not less than 10 years nor more than 20 years, and fined not more
10than $10,000 or as provided in s. 946.84 (2). If the court imposes a sentence less than
11the presumptive minimum sentence, it shall place its reasons for doing so on the
12record.
SB137, s. 332
13Section
332. 950.04 (1v) (v) of the statutes is amended to read:
SB137,98,2114
950.04
(1v) (v) To have the department of corrections make a reasonable
15attempt to notify the victim under s. 301.046 (4) regarding community residential
16confinements, under s. 301.048 (4m) regarding participation in the intensive
17sanctions program, under s. 301.38 regarding escapes from a Type 1 prison, under
18s. 301.46 (3) regarding persons registered under s. 301.45, under s. 302.115
19regarding release upon expiration of certain sentences, under s. 304.063 regarding
20extended supervision and parole releases, and under s. 938.51 regarding release or
21escape of a juvenile from correctional custody.
SB137, s. 333
22Section
333. 950.04 (1v) (vm) of the statutes is repealed.
SB137,99,4
1961.41
(1) (a) Except as provided in par. (d), a controlled substance included
2in schedule I or II that is a narcotic drug, or a controlled substance analog of a
3controlled substance included in schedule I or II that is a narcotic drug, may be fined
4not more than $25,000 or imprisoned for not more than 15 years or both.
SB137,99,107
961.41
(1) (b) Except as provided in pars. (cm) and (e) to (h), any other
8controlled substance included in schedule I, II or III, or a controlled substance analog
9of any other controlled substance included in schedule I or II, may be fined not more
10than $15,000 or imprisoned for not more than 5 years or both.
SB137,99,1413
961.41
(1) (cm) 1. Five grams or less, the person shall be fined not more than
14$500,000 and may be imprisoned for not more than 10 years.
SB137,99,1917
961.41
(1) (cm) 2. More than 5 grams but not more than 15 grams, the person
18shall be fined not more than $500,000 and shall be imprisoned for not less than one
19year nor more than 15 years.
SB137,99,2422
961.41
(1) (cm) 3. More than 15 grams but not more than 40 grams, the person
23shall be fined not more than $500,000 and shall be imprisoned for not less than 3
24years nor more than 20 years.
SB137,100,53
961.41
(1) (cm) 4. More than 40 grams but not more than 100 grams, the person
4shall be fined not more than $500,000 and shall be imprisoned for not less than 5
5years nor more than 30 years.
SB137,100,98
961.41
(1) (cm) 5. More than 100 grams, the person shall be fined not more than
9$500,000 and shall be imprisoned for not less than 10 years nor more than 30 years.
SB137,100,1312
961.41
(1) (d) 1. Three grams or less, the person shall be fined not less than
13$1,000 nor more than $200,000 and may be imprisoned for not more than 15 years.
SB137,100,1816
961.41
(1) (d) 2. More than 3 grams but not more than 10 grams, the person
17shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned
18for not less than 6 months nor more than 15 years.
SB137,100,2321
961.41
(1) (d) 3. More than 10 grams but not more than 50 grams, the person
22shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
23for not less than one year nor more than 15 years.
SB137,101,3
1961.41
(1) (d) 4. More than 50 grams but not more than 200 grams, the person
2shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
3for not less than 3 years nor more than 15 years.
SB137,101,86
961.41
(1) (d) 5. More than 200 grams but not more than 400 grams, the person
7shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
8for not less than 5 years nor more than 15 years.
SB137,101,1311
961.41
(1) (d) 6. More than 400 grams, the person shall be fined not less than
12$1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years
13nor more than 30 years.
SB137,101,1716
961.41
(1) (e) 1. Three grams or less, the person shall be fined not less than
17$1,000 nor more than $200,000 and may be imprisoned for not more than 5 years.
SB137,101,2220
961.41
(1) (e) 2. More than 3 grams but not more than 10 grams, the person
21shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned
22for not less than 6 months nor more than 5 years.
SB137,102,3
1961.41
(1) (e) 3. More than 10 grams but not more than 50 grams, the person
2shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
3for not less than one year nor more than 15 years.
SB137,102,86
961.41
(1) (e) 4. More than 50 grams but not more than 200 grams, the person
7shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
8for not less than 3 years nor more than 15 years.
SB137,102,1311
961.41
(1) (e) 5. More than 200 grams but not more than 400 grams, the person
12shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
13for not less than 5 years nor more than 15 years.
SB137,102,1816
961.41
(1) (e) 6. More than 400 grams, the person shall be fined not less than
17$1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years
18nor more than 30 years.
SB137,102,2221
961.41
(1) (f) 1. One gram or less, the person shall be fined not less than $1,000
22nor more than $200,000 and may be imprisoned for not more than 5 years.
SB137,103,3
1961.41
(1) (f) 2. More than one gram but not more than 5 grams, the person shall
2be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not
3less than 6 months nor more than 5 years.
SB137,103,86
961.41
(1) (f) 3. More than 5 grams, the person shall be fined not less than
7$1,000 nor more than $500,000 and shall be imprisoned for not less than one year
8nor more than 15 years.
SB137,103,1311
961.41
(1) (g) 1. One hundred grams or less, the person shall be fined not less
12than $1,000 nor more than $200,000 and may be imprisoned for not more than 5
13years.
SB137,103,1816
961.41
(1) (g) 2. More than 100 grams but not more than 500 grams, the person
17shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned
18for not less than 6 months nor more than 5 years.
SB137,103,2321
961.41
(1) (g) 3. More than 500 grams, the person shall be fined not less than
22$1,000 nor more than $500,000 and shall be imprisoned for not less than one year
23nor more than 15 years.
SB137,104,3
1961.41
(1) (h) 1. Five hundred grams or less, or 10 or fewer plants containing
2tetrahydrocannabinols, the person shall be fined not less than $500 nor more than
3$25,000 and may be imprisoned for not more than 3 years.
SB137,104,106
961.41
(1) (h) 2. More than 500 grams but not more than 2,500 grams, or more
7than 10 plants containing tetrahydrocannabinols but not more than 50 plants
8containing tetrahydrocannabinols, the person shall be fined not less than $1,000 nor
9more than $50,000 and shall be imprisoned for not less than 3 months nor more than
105 years.
SB137,104,1513
961.41
(1) (h) 3. More than 2,500 grams, or more than 50 plants containing
14tetrahydrocannabinols, the person shall be fined not less than $1,000 nor more than
15$100,000 and shall be imprisoned for not less than one year nor more than 10 years.
SB137,104,1918
961.41
(1) (i) A substance included in schedule IV, may be fined not more than
19$10,000 or imprisoned for not more than 3 years or both.
SB137,104,2322
961.41
(1) (j) A substance included in schedule V, may be fined not more than
23$5,000 or imprisoned for not more than one year or both.
SB137,105,4
1961.41
(1m) (a) Except as provided in par. (d), a controlled substance included
2in schedule I or II which is a narcotic drug or a controlled substance analog of a
3controlled substance included in schedule I or II which is a narcotic drug, may be
4fined not more than $25,000 or imprisoned for not more than 15 years or both.
SB137,105,107
961.41
(1m) (b) Except as provided in pars. (cm) and (e) to (h), any other
8controlled substance included in schedule I, II or III, or a controlled substance analog
9of any other controlled substance included in schedule I or II, may be fined not more
10than $15,000 or imprisoned for not more than 5 years or both.
SB137,105,1413
961.41
(1m) (cm) 1. Five grams or less, the person shall be fined not more than
14$500,000 and may be imprisoned for not more than 10 years.
SB137,105,1917
961.41
(1m) (cm) 2. More than 5 grams but not more than 15 grams, the person
18shall be fined not more than $500,000 and shall be imprisoned for not less than one
19year nor more than 15 years.
SB137,105,2422
961.41
(1m) (cm) 3. More than 15 grams but not more than 40 grams, the
23person shall be fined not more than $500,000 and shall be imprisoned for not less
24than 3 years nor more than 20 years.
SB137,106,53
961.41
(1m) (cm) 4. More than 40 grams but not more than 100 grams, the
4person shall be fined not more than $500,000 and shall be imprisoned for not less
5than 5 years nor more than 30 years.
SB137,106,108
961.41
(1m) (cm) 5. More than 100 grams, the person shall be fined not more
9than $500,000 and shall be imprisoned for not less than 10 years nor more than 30
10years.
SB137,106,1413
961.41
(1m) (d) 1. Three grams or less, the person shall be fined not less than
14$1,000 nor more than $100,000 and may be imprisoned for not more than 15 years.
SB137,106,1917
961.41
(1m) (d) 2. More than 3 grams but not more than 10 grams, the person
18shall be fined not less than $1,000 nor more than $200,000 and shall be imprisoned
19for not less than 6 months nor more than 15 years.
SB137,106,2422
961.41
(1m) (d) 3. More than 10 grams but not more than 50 grams, the person
23shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
24for not less than one year nor more than 15 years.