SB237: Bill Text

SB237, s. 84 Section 84. 125.68 (12) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,42,2 125.68 (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 15 years is guilty of a Class E felony.

SB237, s. 85 Section 85. 132.20 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,42,11 132.20 (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 is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), if the person is an individual, he or she may be fined not more than $250,000 or imprisoned for not more than 7 years and 6 months or both, or, and if the person is not an individual, the person may be fined not more than $1,000,000.

SB237, s. 86 Section 86. 133.03 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,42,20 133.03 (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 is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person 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 7 years and 6 months or both.

SB237, s. 87 Section 87. 133.03 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,43,3 133.03 (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 is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person 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 7 years and 6 months or both.

SB237, s. 88 Section 88. 134.05 (4) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,43,9 134.05 (4) Whoever violates sub. (1), (2) or (3) shall be punished by a fine of not less than $10 nor more than $500 or by such fine and by imprisonment for not more than 2 years may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB237, s. 89 Section 89. 134.16 of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,43,23 134.16 Fraudulently receiving deposits. Any officer, director, stockholder, cashier, teller, manager, messenger, clerk or agent of any bank, banking, exchange, brokerage or deposit company, corporation or institution, or of any person, company or corporation engaged in whole or in part in banking, brokerage, exchange or deposit business in any way, or any person engaged in such business in whole or in part, who shall accept or receive, on deposit, or for safekeeping, or to loan, from any person any money, or any bills, notes or other paper circulating as money, or any notes, drafts, bills of exchange, bank checks or other commercial paper for safekeeping or for collection, when he or she knows or has good reason to know that such bank, company or corporation or that such person is unsafe or insolvent shall be imprisoned in the Wisconsin state prisons for not less than one year nor more than 15 years or fined not more than $10,000 is guilty of a Class F felony.

SB237, s. 90 Section 90. 134.20 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,44,3 134.20 (1) (intro.) Whoever, with intent to defraud, does any of the following shall be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony:

SB237, s. 91 Section 91. 134.205 (4) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,44,9 134.205 (4) Whoever, with intent to defraud, issues a warehouse receipt without entering the same in a register as required by this section shall be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

SB237, s. 92 Section 92. 134.58 of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,44,18 134.58 Use of unauthorized persons as officers. Any person who, individually, in concert with another or as agent or officer of any firm, joint-stock company or corporation, uses, employs, aids or assists in employing any body of armed persons to act as militia, police or peace officers for the protection of persons or property or for the suppression of strikes, not being authorized by the laws of this state to so act, shall be fined not more than $1,000 or imprisoned for not less than one year nor more than 4 years and 6 months or both is guilty of a Class I felony.

SB237, s. 93 Section 93. 139.44 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,45,2 139.44 (1) Any person who falsely or fraudulently makes, alters or counterfeits any stamp or procures or causes the same to be done, or who knowingly utters, publishes, passes or tenders as true any false, altered or counterfeit stamp, or who affixes the same to any package or container of cigarettes, or who possesses with the intent to sell any cigarettes in containers to which false, altered or counterfeit stamps have been affixed shall be imprisoned for not less than one year nor more than 15 years is guilty of a Class G felony.

SB237, s. 94 Section 94. 139.44 (1m) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,45,7 139.44 (1m) Any person who falsely or fraudulently tampers with a cigarette meter in order to evade the tax under s. 139.31 shall be imprisoned for not less than one year nor more than 15 years is guilty of a Class G felony.

SB237, s. 95 Section 95. 139.44 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,45,14 139.44 (2) Any person who makes or signs any false or fraudulent report or who attempts to evade the tax imposed by s. 139.31 or 139.76, or who aids in or abets the evasion or attempted evasion of that tax shall may be fined not less than $1,000 nor more than $5,000 $10,000 or imprisoned for not less than 90 days nor more than 2 years 9 months or both.

SB237, s. 96 Section 96. 139.44 (8) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,45,19 139.44 (8) (c) If the number of cigarettes exceeds 36,000, a fine of not more than $10,000 or imprisonment for not more than 3 years or both the person is guilty of a Class I felony.

SB237, s. 97 Section 97. 139.95 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,45,25 139.95 (2) A dealer who possesses a schedule I controlled substance or schedule II controlled substance that does not bear evidence that the tax under s. 139.88 has been paid 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.

SB237, s. 98 Section 98. 139.95 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,46,10 139.95 (3) Any person who falsely or fraudulently makes, alters or counterfeits any stamp or procures or causes the same to be done or who knowingly utters, publishes, passes or tenders as true any false, altered or counterfeit stamp or who affixes a counterfeit stamp to a schedule I controlled substance or schedule II controlled substance or who possesses a schedule I controlled substance or schedule II controlled substance to which a false, altered or counterfeit stamp is affixed may be fined not more than $10,000 or imprisoned for not less than one year nor more than 15 years or both is guilty of a Class F felony.

SB237, s. 99 Section 99. 146.345 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,46,16 146.345 (3) Any person who violates this section is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $50,000 or imprisoned for not more than 7 years and 6 months or both.

SB237, s. 100 Section 100. 146.35 (5) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,46,21 146.35 (5) Whoever violates sub. (2) 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.

SB237, s. 101 Section 101. 146.60 (9) (am) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,47,3 146.60 (9) (am) For a 2nd or subsequent violation under par. (ag), a person shall may be fined not less than $1,000 nor more than $50,000 or imprisoned for not more than 2 years 9 months or both.

SB237, s. 102 Section 102. 146.70 (10) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,47,11 146.70 (10) (a) Any person who intentionally dials the telephone number "911" to report an emergency, knowing that the fact situation which he or she reports does not exist, shall be fined not less than $50 nor more than $300 or imprisoned not more than 90 days or both for the first offense and shall 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 for any other offense committed within 4 years after the first offense.

SB237, s. 103 Section 103. 154.15 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,47,20 154.15 (2) Any person who, with the intent to cause a withholding or withdrawal of life-sustaining procedures or feeding tubes contrary to the wishes of the declarant, illegally falsifies or forges the declaration of another or conceals a declaration revoked under s. 154.05 (1) (a) or (b) or any person who intentionally withholds actual knowledge of a revocation under s. 154.05 shall be fined not more than $10,000 or imprisoned for not more than 15 years or both is guilty of a Class F felony.

SB237, s. 104 Section 104. 154.29 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,48,4 154.29 (2) Any person who, with the intent to cause the withholding or withdrawal of resuscitation contrary to the wishes of any patient, falsifies, forges or transfers a do-not-resuscitate bracelet to that patient or conceals the revocation under s. 154.21 of a do-not-resuscitate order or any responsible person who withholds personal knowledge of a revocation under s. 154.21 shall be fined not more than $10,000 or imprisoned for not more than 15 years or both is guilty of a Class F felony.

SB237, s. 105 Section 105. 166.20 (11) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,48,10 166.20 (11) (b) Any person who knowingly and wilfully fails to report the release of a hazardous substance covered under 42 USC 11004 as required under sub. (5) (a) 2. or any rule promulgated under sub. (5) (a) 2. shall is subject to the following penalties:

SB237,48,14 1. For the first offense, the person is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not less than $100 nor more than $25,000 or imprisoned for not more than 3 years or both.

SB237,48,18 2. For the 2nd and subsequent offenses, the person is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not less than $200 nor more than $50,000 or imprisoned for not more than 3 years or both.

SB237, s. 106 Section 106. 167.10 (9) (g) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,48,23 167.10 (9) (g) Whoever violates sub. (6m) (a), (b) or (c) or a rule promulgated under sub. (6m) (e) may be fined not more than $10,000 or imprisoned for not more than 15 years or both is guilty of a Class G felony.

SB237, s. 107 Section 107. 175.20 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,49,5 175.20 (3) Any person who violates any of the provisions of this section shall may be fined not less than $25 nor more than $1,000 and $10,000 or may be imprisoned for not less than 30 days nor more than 2 years 9 months or both. In addition, the court may revoke the license or licenses of the person or persons convicted.

SB237, s. 108 Section 108. 180.0129 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,49,9 180.0129 (2) Whoever violates this section may be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class I felony.

SB237, s. 109 Section 109. 181.0129 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,49,14 181.0129 (2) Penalty. Whoever violates this section may be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class I felony.

SB237, s. 110 Section 110. 185.825 of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,49,20 185.825 Penalty for false document. Whoever causes a document to be filed, knowing it to be false in any material respect, may be fined not more than $1,000 or imprisoned for not more than 4 years and 6 months or both is guilty of a Class I felony.

SB237, s. 111 Section 111. 200.09 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,50,4 200.09 (2) Every director, president, secretary or other official or agent of any public service corporation, who shall practice fraud or knowingly make any false statement to secure a certificate of authority to issue any security, or issue under a certificate so obtained and with knowledge of such fraud, or false statement, or negotiate, or cause to be negotiated, any security, in violation of this chapter, shall be fined not less than $500 or imprisoned for not less than one year nor more than 15 years or both is guilty of a Class I felony.

SB237, s. 112 Section 112. 214.93 of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,50,11 214.93 False statements. A person may not knowingly make, cause, or allow another person to make or cause to be made, a false statement, under oath if required by this chapter or on any report or statement required by the division or by this chapter. In addition to any forfeiture under s. 214.935, a person who violates this section may be imprisoned for not more than 30 years is guilty of a Class F felony.

SB237, s. 113 Section 113. 215.02 (6) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,50,23 215.02 (6) (b) If any person mentioned in par. (a) discloses the name of any debtor of any association or any information about the private account or transactions of such association, discloses any fact obtained in the course of any examination of any association, or discloses examination or other confidential information obtained from any state or federal regulatory authority, including an authority of this state or another state, for financial institutions, mortgage bankers, insurance or securities, except as provided in par. (a), he or she is guilty of a Class I felony and shall forfeit his or her office or position and may be fined not less than $100 nor more than $1,000 or imprisoned for not less than 6 months nor more than 3 years or both.

SB237, s. 114 Section 114. 215.12 of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,51,11 215.12 Penalty for dishonest acts; falsification of records. Every officer, director, employe or agent of any association who steals, abstracts, or wilfully misapplies any property of the association, whether owned by it or held in trust, or who, without authority, issues or puts forth any certificate of savings accounts, assigns any note, bond, mortgage, judgment or decree, or, who makes any false entry in any book, record, report or statement of the association with intent to injure or defraud the association or any person or corporation, or to deceive any officer or director of the association, or any other person, or any agent appointed to examine the affairs of such association, or any person who, with like intent, aids or abets any officer, director, employe or agent in the violation of this section, shall be imprisoned in the Wisconsin state prisons for not more than 30 years is guilty of a Class F felony.

SB237, s. 115 Section 115. 215.21 (21) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,51,24 215.21 (21) Penalty for giving or accepting money for loans. Every officer, director, employe or agent of any association, or any appraiser making appraisals for any association, who accepts or receives, or offers or agrees to accept or receive anything of value in consideration of its loaning any money to any person; or any person who offers, gives, presents or agrees to give or present anything of value to any officer, director, employe or agent of any association or to any appraiser making appraisals for any association in consideration of its loaning money to the person, shall be fined not more than $10,000 or imprisoned in the Wisconsin state prisons for not more than 3 years or both is guilty of a Class I felony. Nothing in this subsection prohibits an association from employing an officer, employe or agent to solicit mortgage loans and to pay the officer, employe or agent on a fee basis.

SB237, s. 116 Section 116. 218.21 (7) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,52,6 218.21 (7) Any person who knowingly makes a false statement in an application for a motor vehicle salvage dealer license may be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

SB237, s. 117 Section 117. 220.06 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,52,16 220.06 (2) If any employe in the division or any member of the banking review board or any employe thereof discloses the name of any debtor of any bank or licensee, or anything relative to the private account or transactions of such bank or licensee, or any fact obtained in the course of any examination of any bank or licensee, except as herein provided, that person is guilty of a Class I felony and shall be subject, upon conviction, to forfeiture of office or position and may be fined not less than $100 nor more than $1,000 or imprisoned for not less than 6 months nor more than 3 years or both.

SB237, s. 118 Section 118. 221.0625 (2) (intro.) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,52,21 221.0625 (2) Penalty. (intro.) An officer or director of a bank who, in violation of this section, directly or indirectly does any of the following may be imprisoned for not more than 15 years is guilty of a Class F felony:

SB237, s. 119 Section 119. 221.0636 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,52,25 221.0636 (2) Penalty. Any person who violates sub. (1) may be imprisoned for not more than 30 years is guilty of a Class H felony.

SB237, s. 120 Section 120. 221.0637 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,53,5 221.0637 (2) Penalties. Any person who violates sub. (1) may be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class I felony.

SB237, s. 121 Section 121. 221.1004 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,53,10 221.1004 (2) Penalties. Any person who violates sub. (1) may be fined not less than $1,000 nor more than $5,000 or imprisoned for not less than one year nor more than 15 years or both is guilty of a Class F felony.

SB237, s. 122 Section 122. 227.01 (13) (sm) of the statutes is created to read:

SB237,53,12 227.01 (13) (sm) Establishes sentencing guidelines under s. 973.30 (1) (c).

SB237, s. 123 Section 123. 230.08 (2) (L) 6. of the statutes is created to read:

SB237,53,14 230.08 (2) (L) 6. Sentencing commission.

SB237, s. 124 Section 124. 230.08 (2) (of) of the statutes is created to read:

SB237,53,16 230.08 (2) (of) The executive director of the sentencing commission.

SB237, s. 125 Section 125. 253.06 (4) (b) of the statutes is amended to read:

SB237,53,22 253.06 (4) (b) A person who violates any provision of this subsection may be fined not more than $10,000 or imprisoned for not more than 3 years, or both, is guilty of a Class I felony for the first offense and 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 for the 2nd or subsequent offense.

SB237, s. 126 Section 126. 285.87 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,54,5 285.87 (2) (b) If the conviction under par. (a) is for a violation committed after another conviction under par. (a), the person shall is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not more than $50,000 per day of violation or imprisoned for not more than 3 years or both.

SB237, s. 127 Section 127. 291.97 (2) (b) (intro.) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read: