SB137,109,1513
961.41
(1m) (g) 1. One hundred grams or less, the person shall be fined not less
14than $1,000 nor more than $100,000 and may be imprisoned for not more than 5
15years.
SB137,109,2018
961.41
(1m) (g) 2. More than 100 grams but not more than 500 grams, the
19person shall be fined not less than $1,000 nor more than $200,000 and shall be
20imprisoned for not less than 6 months nor more than 5 years.
SB137,109,2523
961.41
(1m) (g) 3. More than 500 grams, the person shall be fined not less than
24$1,000 nor more than $500,000 and shall be imprisoned for not less than one year
25nor more than 15 years.
SB137,110,53
961.41
(1m) (h) 1. Five hundred grams or less, or 10 or fewer plants containing
4tetrahydrocannabinols, the person shall be fined not less than $500 nor more than
5$25,000 and may be imprisoned for not more than 3 years.
SB137,110,128
961.41
(1m) (h) 2. More than 500 grams but not more than 2,500 grams, or more
9than 10 plants containing tetrahydrocannabinols but not more than 50 plants
10containing tetrahydrocannabinols, the person shall be fined not less than $1,000 nor
11more than $50,000 and shall be imprisoned for not less than 3 months nor more than
125 years.
SB137,110,1715
961.41
(1m) (h) 3. More than 2,500 grams, or more than 50 plants containing
16tetrahydrocannabinols, the person shall be fined not less than $1,000 nor more than
17$100,000 and shall be imprisoned for not less than one year nor more than 10 years.
SB137,110,2120
961.41
(1m) (i) A substance included in schedule IV, may be fined not more than
21$10,000 or imprisoned for not more than 3 years or both.
SB137,110,2524
961.41
(1m) (j) A substance included in schedule V, may be fined not more than
25$5,000 or imprisoned for not more than one year or both.
SB137,111,43
961.41
(1n) (c) A person who violates par. (a) or (b) may be fined not more than
4$250,000 or imprisoned for not more than 10 years or both.
SB137,111,97
961.41
(2) (a) A counterfeit substance included in schedule I or II which is a
8narcotic drug, may be fined not more than $25,000 or imprisoned for not more than
915 years or both.
SB137,111,1312
961.41
(2) (b) Any other counterfeit substance included in schedule I, II or III,
13may be fined not more than $15,000 or imprisoned for not more than 5 years or both.
SB137,111,1716
961.41
(2) (c) A counterfeit substance included in schedule IV, may be fined not
17more than $10,000 or imprisoned for not more than 3 years or both.
SB137,111,2120
961.41
(2) (d) A counterfeit substance included in schedule V, may be fined not
21more than $5,000 or imprisoned for not more than one year or both.
SB137,112,524
961.41
(3g) (a) 1. Except as provided in subd. 2., if the person possesses a
25controlled substance included in schedule I or II which is a narcotic drug or possesses
1a controlled substance analog of a controlled substance included in schedule I or II
2which is a narcotic drug, the person may, upon a first conviction, be fined not more
3than $5,000 or imprisoned for not more than one year or both, and for a 2nd or
4subsequent offense, the person may be fined not more than $10,000 or imprisoned
5for not more than 2 years or both.
SB137,112,108
961.41
(3g) (a) 2. If the person possesses or attempts to possess heroin or a
9controlled substance analog of heroin, the person may be fined not more than $5,000
10or imprisoned for not more than one year or both.
SB137,112,1413
961.41
(4) (am) 3. A person convicted of violating this paragraph may be fined
14not more than $5,000 or imprisoned for not more than one year or both.
SB137,112,1817
961.42
(2) Any person who violates this section may be fined not more than
18$25,000 or imprisoned not more than one year or both.
SB137,112,2221
961.43
(2) Any person who violates this section may be fined not more than
22$30,000 or imprisoned not more than 4 years or both.
SB137,113,4
1961.455
(1) Any person who has attained the age of 17 years who knowingly
2solicits, hires, directs, employs or uses a person who is 17 years of age or under for
3the purpose of violating s. 961.41 (1) may be fined not more than $50,000 or
4imprisoned for not more than 10 years or both.
SB137, s. 405
5Section
405. 961.49 (2) (am) of the statutes is amended to read:
SB137,113,106
961.49
(2) (am) The court shall sentence a person to whom par. (a) applies to
7at least 3 years in prison, but otherwise the penalties for the crime apply. Except as
8provided in s. 961.438, the court shall not place the person on probation.
Except as
9provided in s. 973.01 (6), the The person is not eligible for parole until he or she has
10served at least 3 years, with no modification by the calculation under s. 302.11 (1).
SB137, s. 406
11Section
406. 961.49 (2) (b) of the statutes is amended to read:
SB137,113,1912
961.49
(2) (b) If the conduct described in par. (a) involves only the delivery or
13distribution, or the possession with intent to deliver or distribute, of not more than
1425 grams of tetrahydrocannabinols, included in s. 961.14 (4) (t), or not more than 5
15plants containing tetrahydrocannabinols, the court shall sentence the person to at
16least one year in prison, but otherwise the penalties for the crime apply. Except as
17provided in s. 961.438, the court shall not place the person on probation.
Except as
18provided in s. 973.01 (6), the The person is not eligible for parole until he or she has
19served at least one year, with no modification by the calculation under s. 302.11 (1).
SB137,113,2422
968.31
(1) (intro.) Except as otherwise specifically provided in ss. 196.63 or
23968.28 to 968.30, whoever commits any of the acts enumerated in this section may
24be fined not more than $10,000 or imprisoned for not more than 5 years or both:
SB137,114,43
968.34
(3) Whoever knowingly violates sub. (1) shall be fined not more than
4$10,000 or imprisoned for not more than one year or both.
SB137,114,87
968.43
(3) Any person who violates an oath or affirmation required by sub. (2)
8may be imprisoned for not more than 5 years.
SB137, s. 410
9Section
410. 969.01 (4) of the statutes is amended to read:
SB137,115,210
969.01
(4) Considerations in setting conditions of release. If bail is imposed,
11it shall be only in the amount found necessary to assure the appearance of the
12defendant. Conditions of release, other than monetary conditions, may be imposed
13for the purpose of protecting members of the community from serious bodily harm
14or preventing intimidation of witnesses. Proper considerations in determining
15whether to release the defendant without bail, fixing a reasonable amount of bail or
16imposing other reasonable conditions of release are: the ability of the arrested person
17to give bail, the nature, number and gravity of the offenses and the potential penalty
18the defendant faces, whether the alleged acts were violent in nature, the defendant's
19prior record of criminal convictions and delinquency adjudications, if any, the
20character, health, residence and reputation of the defendant, the character and
21strength of the evidence which has been presented to the judge, whether the
22defendant is currently on probation
, extended supervision or parole, whether the
23defendant is already on bail or subject to other release conditions in other pending
24cases, whether the defendant has been bound over for trial after a preliminary
25examination, whether the defendant has in the past forfeited bail or violated a
1condition of release or was a fugitive from justice at the time of arrest, and the policy
2against unnecessary detention of the defendant's pending trial.
SB137, s. 411
3Section
411. 971.11 (1) of the statutes is amended to read:
SB137,115,134
971.11
(1) Whenever the warden or superintendent receives notice of an
5untried criminal case pending in this state against an inmate of a state prison, the
6warden or superintendent shall, at the request of the inmate, send by certified mail
7a written request to the district attorney for prompt disposition of the case. The
8request shall state the sentence then being served, the date of parole eligibility, if
9applicable,
or the date of release to extended supervision, the approximate discharge
10or conditional release date, and prior decision relating to parole. If there has been
11no preliminary examination on the pending case, the request shall state whether the
12inmate waives such examination, and, if so, shall be accompanied by a written
13waiver signed by the inmate.
SB137, s. 412
14Section
412. 972.13 (6) of the statutes is amended to read:
SB137,115,1515
972.13
(6) The following forms may be used for judgments:
SB137,115,1616
STATE OF WISCONSIN
SB137,115,1717
.... County
SB137,115,1818
In.... Court
SB137,115,1919
The State of Wisconsin
SB137,115,2121
....(Name of defendant)
SB137,115,2222
UPON ALL THE FILES, RECORDS AND PROCEEDINGS,
SB137,116,323
IT IS ADJUDGED That the defendant has been convicted upon the defendant's
24plea of guilty (not guilty and a verdict of guilty) (not guilty and a finding of guilty)
25(no contest) on the.... day of...., .... (year), of the crime of.... in violation of s.....; and
1the court having asked the defendant whether the defendant has anything to state
2why sentence should not be pronounced, and no sufficient grounds to the contrary
3being shown or appearing to the court.
SB137,116,44
*IT IS ADJUDGED That the defendant is guilty as convicted.
SB137,116,65
*IT IS ADJUDGED That the defendant is hereby committed to the Wisconsin
6state prisons (county jail of.... county) for an indeterminate term of not more than.....
SB137,116,9
7*IT IS ADJUDGED That the defendant is ordered to serve a bifurcated
8sentence consisting of .... year(s) of confinement in prison and .... months/years of
9extended supervision.
SB137,116,1210
*IT IS ADJUDGED That the defendant is placed in the intensive sanctions
11program subject to the limitations of section 973.032 (3) of the Wisconsin Statutes
12and the following conditions:....
SB137,116,1513
*IT IS ADJUDGED That the defendant is hereby committed to detention in
14(the defendant's place of residence or place designated by judge) for a term of not
15more than....
SB137,116,1716
*IT IS ADJUDGED That the defendant is placed on lifetime supervision by the
17department of corrections under section 939.615 of the Wisconsin Statutes.
SB137,116,1918
*IT IS ADJUDGED That the defendant is ordered to pay a fine of $.... (and the
19costs of this action).
SB137,116,2020
*IT IS ADJUDGED That the defendant pay restitution to....
SB137,116,2221
*IT IS ADJUDGED That the defendant is restricted in his or her use of
22computers as follows:....
SB137,116,2423
*The.... at.... is designated as the Reception Center to which the defendant shall
24be delivered by the sheriff.
SB137,117,2
1*IT IS ORDERED That the clerk deliver a duplicate original of this judgment
2to the sheriff who shall forthwith execute the same and deliver it to the warden.
SB137,117,33
Dated this.... day of...., .... (year)
SB137,117,44
BY THE COURT....
SB137,117,55
Date of Offense....,
SB137,117,66
District Attorney....,
SB137,117,77
Defense Attorney....
SB137,117,88
*Strike inapplicable paragraphs.
SB137,117,99
STATE OF WISCONSIN
SB137,117,1010
.... County
SB137,117,1111
In.... Court
SB137,117,1212
The State of Wisconsin
SB137,117,1414
....(Name of defendant)
SB137,117,1615
On the.... day of...., .... (year), the district attorney appeared for the state and
16the defendant appeared in person and by.... the defendant's attorney.
SB137,117,1717
UPON ALL THE FILES, RECORDS AND PROCEEDINGS
SB137,117,1918
IT IS ADJUDGED That the defendant has been found not guilty by the verdict
19of the jury (by the court) and is therefore ordered discharged forthwith.
SB137,117,2020
Dated this.... day of...., .... (year)
SB137,117,2121
BY THE COURT....