SB137: Bill Text

SB137, s. 52 Section 52. 51.15 (12) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,21,17 51.15 (12) Penalty. Whoever signs a statement under sub. (4), (5) or (10) knowing the information contained therein to be false may be fined not more than $5,000 or imprisoned for not more than 5 years or both.

SB137, s. 53 Section 53. 51.20 (1) (ar) (intro.) of the statutes is amended to read:

SB137,22,8 51.20 (1) (ar) (intro.) If the individual is an inmate of a state prison, the petition may allege that the inmate is mentally ill, is a proper subject for treatment and is in need of treatment. The petition shall allege that appropriate less restrictive forms of treatment have been attempted with the individual and have been unsuccessful and it shall include a description of the less restrictive forms of treatment that were attempted. The petition shall also allege that the individual has been fully informed about his or her treatment needs, the mental health services available to him or her and his or her rights under this chapter and that the individual has had an opportunity to discuss his or her needs, the services available to him or her and his or her rights with a licensed physician or a licensed psychologist. The petition shall include the inmate's sentence and his or her expected date of release as determined under s. 302.11 or 302.113, whichever is applicable. The petition shall have attached to it a signed statement by a licensed physician or a licensed psychologist of a state prison and a signed statement by a licensed physician or a licensed psychologist of a state treatment facility attesting either of the following:

SB137, s. 54 Section 54. 51.20 (13) (g) 2m. of the statutes is amended to read:

SB137,22,13 51.20 (13) (g) 2m. In addition to the provisions under subds. 1., 2. and 2g., no commitment ordered under par. (a) 4. or 4m. may continue beyond the inmate's date of release on parole or extended supervision, as determined under s. 302.11 or 302.113, whichever is applicable.

SB137, s. 55 Section 55. 51.30 (4) (b) 10. (intro.) of the statutes is amended to read:

SB137,23,2 51.30 (4) (b) 10. (intro.) To a correctional facility or to a probation, extended supervision and parole agent who is responsible for the supervision of an individual who is receiving inpatient or outpatient evaluation or treatment under this chapter in a program that is operated by, or is under contract with, the department or a county department under s. 51.42 or 51.437, or in a treatment facility, as a condition of the probation, extended supervision and parole supervision plan, or whenever such an individual is transferred from a state or local correctional facility to such a treatment program and is then transferred back to the correctional facility. Every probationer, or parolee or person on extended supervision who receives evaluation or treatment under this chapter shall be notified of the provisions of this subdivision by the individual's probation, extended supervision and parole agent. Release of records under this subdivision is limited to:

SB137, s. 56 Section 56. 51.30 (4) (b) 10. a. of the statutes is amended to read:

SB137,23,5 51.30 (4) (b) 10. a. The report of an evaluation which is provided pursuant to the written probation, extended supervision and parole supervision plan.

SB137, s. 57 Section 57. 51.30 (4) (b) 10. b. of the statutes is amended to read:

SB137,23,9 51.30 (4) (b) 10. b. The discharge summary, including a record or summary of all somatic treatments, at the termination of any treatment which is provided as part of the probation, extended supervision and parole supervision plan.

SB137, s. 58 Section 58. 51.30 (4) (b) 10. d. of the statutes is amended to read:

SB137,23,18 51.30 (4) (b) 10. d. Any information necessary to establish, or to implement changes in, the individual's treatment plan or the level and kind of supervision on probation, extended supervision or parole, as determined by the director of the facility or the treatment director. In cases involving a person transferred back to a correctional facility, disclosure shall be made to clinical staff only. In cases involving a person on probation, extended supervision or parole, disclosure shall be made to a probation, extended supervision and parole agent only. The department shall promulgate rules governing the release of records under this subdivision.

SB137, s. 59 Section 59. 51.37 (8) (a) of the statutes is amended to read:

SB137,24,4 51.37 (8) (a) Rights to reexamination under s. 51.20 (16) apply to a prisoner or inmate who is found to be mentally ill or drug dependent except that the petition shall be made to the court that made the finding or, if the prisoner or inmate is detained by transfer, to the circuit court of the county in which he or she is detained. If upon rehearing it is found that the standards for recommitment under s. 51.20 (13) (g) no longer apply to the prisoner or inmate or that he or she is not in need of psychiatric or psychological treatment, the prisoner or inmate shall be returned to the prison or county jail or house of correction unless it is past his or her release date as determined under s. 302.11 or 302.113, whichever is applicable, in which case he or she shall be discharged.

SB137, s. 60 Section 60. 51.37 (8) (b) of the statutes is amended to read:

SB137,24,19 51.37 (8) (b) If the condition of any prisoner or inmate committed or transferred under this section requires psychiatric or psychological treatment after his or her date of release as determined under s. 302.11 or 302.113, whichever is applicable, the director of the state treatment facility shall, within a reasonable time before the release date of the prisoner or inmate, make a written application to the court which committed the prisoner or inmate under sub. (5) (a). Thereupon, the proceeding shall be upon application made under s. 51.20, but no physician or psychologist who is connected with a state prison, Winnebago or Mendota mental health institute or any county jail or house of correction may be appointed as an examiner. If the court does not commit the prisoner or inmate, it may dismiss the application and order the prisoner or inmate returned to the institution from which he or she was transferred until the release date of the prisoner or inmate. If the court commits the prisoner or inmate for the period commencing upon his or her release date, the commitment shall be to the care and custody of the county department under s. 51.42 or 51.437.

SB137, s. 61 Section 61. 51.37 (11) of the statutes is amended to read:

SB137,25,2 51.37 (11) When an individual who is in the custody of or under the supervision of a correctional officer of the department of corrections is transferred, discharged or is on unauthorized absence from a treatment facility, the probation , extended supervision and parole agent or other individual within the department of corrections who is responsible for that individual's supervision shall be notified as soon as possible by the director of the treatment facility.

SB137, s. 62 Section 62. 55.06 (11) (am) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,25,7 55.06 (11) (am) Whoever signs a statement under par. (a) knowing the information contained therein to be false may be fined not more than $5,000 or imprisoned for not more than 5 years or both.

SB137, s. 63 Section 63. 66.4025 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,25,14 66.4025 (1) (b) Any person who secures or assists in securing dwelling accommodations under s. 66.402 by intentionally making false representations in order to receive at least $2,500 but not more than $25,000 in financial assistance for which the person would not otherwise be entitled shall be fined not more than $10,000 or imprisoned for not more than 2 years or both.

SB137, s. 64 Section 64. 66.4025 (1) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,25,21 66.4025 (1) (c) Any person who secures or assists in securing dwelling accommodations under s. 66.402 by intentionally making false representations in order to receive more than $25,000 in financial assistance for which the person would not otherwise be entitled shall be fined not more than $10,000 or imprisoned for not more than 5 years or both.

SB137, s. 65 Section 65. 69.24 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,25,25 69.24 (1) (intro.)  Any person who does any of the following shall be fined not more than $10,000 or imprisoned for not more than 2 years or both:

SB137, s. 66 Section 66. 70.47 (18) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,26,5 70.47 (18) (a) Whoever with intent to injure or defraud alters, damages, removes or conceals any of the items specified under subs. (8) (f) and (17) may be fined not more than $1,000 or imprisoned for not more than 2 years or both.

SB137, s. 67 Section 67. 71.83 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,26,17 71.83 (2) (b) Felony. 1. `False income tax return; fraud.' Any person, other than a corporation or limited liability company, who renders a false or fraudulent income tax return with intent to defeat or evade any assessment required by this chapter shall be guilty of a felony and may be fined not more than $10,000 or imprisoned for not more than 5 years or both, together with the cost of prosecution. In this subdivision, "return" includes a separate return filed by a spouse with respect to a taxable year for which a joint return is filed under s. 71.03 (2) (g) to (L) after the filing of that separate return, and a joint return filed by the spouses with respect to a taxable year for which a separate return is filed under s. 71.03 (2) (m) after the filing of that joint return.

SB137,26,24 2. `Officer of a corporation; false franchise or income tax return.' Any officer of a corporation or manager of a limited liability company required by law to make, render, sign or verify any franchise or income tax return, who makes any false or fraudulent franchise or income tax return, with intent to defeat or evade any assessment required by this chapter shall be guilty of a felony and may be fined not more than $10,000 or imprisoned for not more than 5 years or both, together with the costs of prosecution.

SB137,27,5 3. `Evasion.' Any person who removes, deposits or conceals or aids in removing, depositing or concealing any property upon which a levy is authorized with intent to evade or defeat the assessment or collection of any tax administered by the department may be fined not more than $5,000 or imprisoned for not more than 3 years or both, together with the costs of prosecution.

SB137,27,11 4. `Fraudulent claim for credit.' The claimant who filed a claim for credit under s. 71.07, 71.28 or 71.47 or subch. VIII or IX that is false or excessive and was filed with fraudulent intent and any person who assisted in the preparation or filing of the false or excessive claim or supplied information upon which the false or excessive claim was prepared, with fraudulent intent, may be fined not more than $10,000 or imprisoned for not more than 5 years or both, together with the costs of prosecution.

SB137, s. 68 Section 68. 86.192 (4) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,27,16 86.192 (4) Any person who violates this section shall be fined not more than $10,000 or imprisoned for not more than 2 years or both if the injury, defacement or removal causes the death of a person.

SB137, s. 69 Section 69. 97.43 (4) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,27,20 97.43 (4) Whoever violates this section may be fined not less than $500 nor more than $5,000 or imprisoned for not more than 5 years or both.

SB137, s. 70 Section 70. 97.45 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,27,24 97.45 (2) Whoever violates this section may be fined not less than $500 nor more than $5,000 or imprisoned for not more than 5 years or both.

SB137, s. 71 Section 71. 100.171 (7) (b) of the statutes is amended to read:

SB137,28,5 100.171 (7) (b) Whoever intentionally violates this section may be fined not more than $10,000 or imprisoned for not more than 3 2 years or both. A person intentionally violates this section if the violation occurs after the department or a district attorney has notified the person by certified mail that the person is in violation of this section.

SB137, s. 72 Section 72. 100.26 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,28,10 100.26 (2) Any person violating s. 100.02 shall be fined not less than $50 nor more than $3,000 or imprisoned for not less than 30 days nor more than 3 years, or both.

SB137, s. 73 Section 73. 100.26 (5) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,28,16 100.26 (5) Any person violating s. 100.06 or any order or regulation of the department thereunder, or s. 100.18 (9), shall be fined not less than $100 nor more than $1,000 or imprisoned for not more than one year or both. Each day of violation constitutes a separate offense.

SB137, s. 74 Section 74. 100.26 (7) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,28,23 100.26 (7) Any person violating s. 100.182 shall be fined not less than $500 nor more than $5,000 or imprisoned for not more than one year or both for each offense. Each unlawful advertisement published, printed or mailed on separate days or in separate publications, hand bills or direct mailings is a separate violation of this section.

SB137, s. 75 Section 75. 101.143 (10) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,29,4 101.143 (10) (b) Any owner or operator, person owning a home oil tank system or service provider who intentionally destroys a document that is relevant to a claim for reimbursement under this section may be fined not more than $10,000 or imprisoned for not more than 10 years or both.

SB137, s. 76 Section 76. 101.94 (8) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,29,10 101.94 (8) (b) Any individual or a director, officer or agent of a corporation who knowingly and wilfully violates this subchapter in a manner that threatens the health or safety of a purchaser shall be fined not more than $1,000 or imprisoned for not more than one year or both.

SB137, s. 77 Section 77. 102.835 (11) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,29,17 102.835 (11) Evasion. Any person who removes, deposits or conceals or aids in removing, depositing or concealing any property upon which a levy is authorized under this section with intent to evade or defeat the assessment or collection of any debt may be fined not more than $5,000 or imprisoned for not more than 3 years or both, and shall be liable to the state for the costs of prosecution.

SB137, s. 78 Section 78. 102.835 (18) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,29,25 102.835 (18) Restriction on employment penalties by reason of levy. No employer may discharge or otherwise discriminate with respect to the terms and conditions of employment against any employe by reason of the fact that his or her earnings have been subject to levy for any one levy or because of compliance with any provision of this section. Whoever wilfully violates this subsection may be fined not more than $1,000 or imprisoned for not more than one year or both.

SB137, s. 79 Section 79. 102.85 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,30,5 102.85 (3) An employer who violates an order to cease operations under s. 102.28 (4) may be fined not more than $10,000 or imprisoned for not more than 2 years or both.

SB137, s. 80 Section 80. 106.215 (8g) (b) of the statutes is amended to read:

SB137,30,12 106.215 (8g) (b) If the department of corrections is a sponsor of a project that is approved under this subsection, the corps members on the project shall be prisoners in state prison, probationers, or parolees or persons on extended supervision and the members of the project shall receive applicable alcohol or other drug abuse treatment and educational programming services for a portion of each work week, but not to exceed 8 hours per work week.

SB137, s. 81 Section 81. 108.225 (11) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,30,19 108.225 (11) Evasion. Any person who removes, deposits or conceals or aids in removing, depositing or concealing any property upon which a levy is authorized under this section with intent to evade or defeat the assessment or collection of any debt may be fined not more than $5,000 or imprisoned for not more than 3 years or both, and shall be liable to the state for the costs of prosecution.

SB137, s. 82 Section 82. 108.225 (18) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,31,2 108.225 (18) Restriction on employment penalties by reason of levy. No employer may discharge or otherwise discriminate with respect to the terms and conditions of employment against any employe by reason of the fact that his or her earnings have been subject to levy for any one levy or because of compliance with any provision of this section. Whoever wilfully violates this subsection may be fined not more than $1,000 or imprisoned for not more than one year or both.

SB137, s. 83 Section 83. 111.32 (3) of the statutes is amended to read:

SB137,31,8 111.32 (3) "Conviction record" includes, but is not limited to, information indicating that an individual has been convicted of any felony, misdemeanor or other offense, has been adjudicated delinquent, has been less than honorably discharged, or has been placed on probation, fined, imprisoned, placed on extended supervision or paroled pursuant to any law enforcement or military authority.

SB137, s. 84 Section 84. 114.20 (18) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,31,15 114.20 (18) (c) Any person who knowingly makes a false statement in any application or in any other document required to be filed with the department, foregoes the submission of any application, document, or any registration certificate or transfer shall be fined not more than $5,000 or imprisoned for not more than 5 years or both.

SB137, s. 85 Section 85. 125.075 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,31,19 125.075 (2) Whoever violates sub. (1) may be fined not more than $10,000 or imprisoned for not more than 5 years or both.

SB137, s. 86 Section 86. 125.085 (3) (a) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,31,24 125.085 (3) (a) 2. Any person who violates subd. 1. for money or other consideration may be fined not more than $10,000 or imprisoned for not more than 2 years or both.

SB137, s. 87 Section 87. 125.105 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,32,5 125.105 (2) (b) Whoever violates sub. (1) to commit, or abet the commission of, a crime may be fined not more than $10,000 or imprisoned for not more than 5 years or both.

SB137, s. 88 Section 88. 125.66 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,32,12 125.66 (3) Any person manufacturing or rectifying intoxicating liquor without holding appropriate permits under this chapter, or any person who sells such liquor, shall be fined not more than $10,000 or imprisoned for not more than 10 years or both. Second or subsequent convictions shall be punished by both the fine and imprisonment.

SB137, s. 89 Section 89. 125.68 (12) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,32,17 125.68 (12) (b) Whoever violates par. (a) shall be fined not less than $1,000 nor more than $5,000 or imprisoned for not less than one year nor more than 10 years or both.

SB137, s. 90 Section 90. 125.68 (12) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,32,23 125.68 (12) (c) Any person causing the death of another human being through the selling or otherwise disposing of, for beverage purposes, either denatured alcohol or alcohol or alcoholic liquid redistilled from denatured alcohol, shall be imprisoned for not more than 10 years.

SB137, s. 91 Section 91. 132.13 (1) (a) of the statutes is amended to read:

SB137,33,18 132.13 (1) (a) All goods, wares, and merchandise made wholly or in part by convict labor in any penitentiary, prison, reformatory or other establishment in which convict labor is employed except convicts or prisoners on parole , extended supervision or probation, shall before being exposed for sale be branded, labeled, marked or tagged as herein provided and shall not be exposed for sale or sold in this state without such brand, label, mark or tag. Such brand, label, mark or tag shall contain at the head or top thereof the words "convict-made" followed by the name of the penitentiary, prison, or other establishment in which it was made in plain English lettering of the style and size known as eighteen point Cheltenham bold type capitals. The brand or mark shall in all cases where the nature of the articles will permit be placed on each individual article or part of such article that is sold, and only where such branding or marking is impossible shall a label or tag be used and where a label is used it shall be securely pasted onto each such article and when a tag is used it shall be a paper tag securely fastened to such article or part of article sold. In addition to the marking of each article or part of article sold a similar brand, mark, label or tag shall be placed upon the outside or upon its box, crate, or other covering. All brands, labels, marks, and tags shall be placed on a conspicuous part of such article or part of article and its container.

SB137, s. 92 Section 92. 132.20 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,33,25 132.20 (2) Any person who, with intent to deceive, traffics or attempts to traffic in this state in a counterfeit mark or in any goods or service bearing or provided under a counterfeit mark shall, if the person is an individual, be fined not more than $250,000 or imprisoned for not more than 5 years or both, or, if the person is not an individual, be fined not more than $1,000,000.

SB137, s. 93 Section 93. 133.03 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,34,8 133.03 (1) Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce is illegal. Every person who makes any contract or engages in any combination or conspiracy in restraint of trade or commerce may be fined not more than $100,000 if a corporation, or, if any other person, may be fined not more than $50,000 or imprisoned for not more than 5 years or both.

SB137, s. 94 Section 94. 133.03 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,34,15 133.03 (2) Every person who monopolizes, or attempts to monopolize, or combines or conspires with any other person or persons to monopolize any part of trade or commerce may be fined not more than $100,000 if a corporation, or, if any other person, may be fined not more than $50,000 or imprisoned for not more than 5 years or both.