SB357, s. 392
20Section
392. 911.01 (4) (c) of the statutes is amended to read:
SB357,173,221
911.01
(4) (c)
Miscellaneous proceedings. Proceedings for extradition or
22rendition; sentencing,
or granting or revoking probation,
modification of a bifurcated
23sentence under s. 302.113 (9g), issuance of arrest warrants, criminal summonses and
24search warrants; proceedings under s. 971.14 (1) (c); proceedings with respect to
1pretrial release under ch. 969 except where habeas corpus is utilized with respect to
2release on bail or as otherwise provided in ch. 969.
SB357, s. 393
3Section
393. 938.208 (1) (a) of the statutes is amended to read:
SB357,173,84
938.208
(1) (a) Probable cause exists to believe that the juvenile has committed
5a delinquent act that would be a felony under s. 940.01, 940.02, 940.03, 940.05,
6940.19 (2) to (6), 940.21, 940.225 (1), 940.31, 941.20 (3), 943.02 (1), 943.23 (1g),
(1m) 7or (1r), 943.32 (2), 947.013 (1t), (1v) or (1x), 948.02 (1) or (2), 948.025 or 948.03 if
8committed by an adult.
SB357, s. 394
9Section
394. 938.34 (4h) (a) of the statutes is amended to read:
SB357,173,1610
938.34
(4h) (a) The juvenile is 14 years of age or over and has been adjudicated
11delinquent for committing a violation of s. 939.31, 939.32 (1) (a), 940.03, 940.21,
12940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g),
(1m) 13or (1r), 943.32 (2), 948.02 (1), 948.025
, (1) or 948.30 (2)
, 948.35 (1) (b) or 948.36 or the
14juvenile is 10 years of age or over and has been adjudicated delinquent for attempting
15or committing a violation of s. 940.01 or for committing a violation of 940.02 or
16940.05.
SB357, s. 395
17Section
395. 938.34 (4m) (b) 1. of the statutes is amended to read:
SB357,173,2118
938.34
(4m) (b) 1. The juvenile has committed a delinquent act that would be
19a felony under s. 940.01, 940.02, 940.03, 940.05, 940.19 (2) to (6), 940.21, 940.225 (1),
20940.31, 941.20 (3), 943.02 (1), 943.23 (1g),
(1m) or (1r), 943.32 (2), 947.013 (1t), (1v)
21or (1x), 948.02 (1) or (2), 948.025 or 948.03 if committed by an adult.
SB357, s. 396
22Section
396. 938.355 (2d) (b) 3. of the statutes is amended to read:
SB357,174,523
938.355
(2d) (b) 3. That the parent has committed a violation of
s. 940.19 (3),
241997 stats., or s. 940.19 (2),
(3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025
25or 948.03 (2) (a) or (3) (a) or a violation of the law of any other state or federal law,
1if that violation would be a violation of s. 940.19 (2),
(3), (4) or (5), 940.225 (1) or (2),
2948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) if committed in this state, and that
3the violation resulted in great bodily harm, as defined in s.
938.22 939.22 (14), or in
4substantial bodily harm, as defined in s.
938.22
939.22 (38), to the juvenile or another
5child of the parent.
SB357, s. 397
6Section
397. 938.355 (4) (b) of the statutes is amended to read:
SB357,174,157
938.355
(4) (b) An order under s. 938.34 (4d), (4h) or (4m) for which a juvenile
8has been adjudicated delinquent is subject to par. (a), except that the judge may make
9an order under s. 938.34 (4d) or (4m) apply for up to 2 years or until the juvenile's 18th
10birthdate, whichever is earlier and the judge shall make an order under s. 938.34 (4h)
11apply for 5 years, if the juvenile is adjudicated delinquent
for committing a violation
12of s. 943.10 (2) or for committing an act that would be punishable as a Class B
or C 13felony if committed by an adult, or until the juvenile reaches 25 years of age, if the
14juvenile is adjudicated delinquent for committing an act that would be punishable
15as a Class A felony if committed by an adult.
SB357,175,1218
938.78
(3) If a juvenile adjudged delinquent under s. 48.12, 1993 stats., or s.
19938.12 or found to be in need of protection or services under s. 48.13 (12), 1993 stats.,
20or s. 48.13 (14), 1993 stats., or s. 938.13 (12) or (14) on the basis of a violation of s.
21943.23 (1m) or (1r), 1997 stats., or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235,
22941.237, 941.24, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325,
23943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g),
(1m) or (1r), 943.32 (2), 948.02,
24948.025, 948.03, 948.05, 948.055, 948.60, 948.605 or 948.61 or any crime specified in
25ch. 940 has escaped from a secured correctional facility, child caring institution,
1secured group home, inpatient facility, as defined in s. 51.01 (10), secure detention
2facility or juvenile portion of a county jail, or from the custody of a peace officer or
3a guard of such a facility, institution or jail, or has been allowed to leave a secured
4correctional facility, child caring institution, secured group home, inpatient facility,
5secure detention facility or juvenile portion of a county jail for a specified time period
6and is absent from the facility, institution, home or jail for more than 12 hours after
7the expiration of the specified period, the department or county department having
8supervision over the juvenile may release the juvenile's name and any information
9about the juvenile that is necessary for the protection of the public or to secure the
10juvenile's return to the facility, institution, home or jail. The department of
11corrections shall promulgate rules establishing guidelines for the release of the
12juvenile's name or information about the juvenile to the public.
SB357, s. 399
13Section
399. 939.22 (21) (d) of the statutes is amended to read:
SB357,175,1514
939.22
(21) (d) Battery,
substantial battery or aggravated battery, as
15prohibited in s. 940.19 or 940.195.
SB357, s. 400
16Section
400. 939.30 (1) of the statutes is amended to read:
SB357,175,2017
939.30
(1) Except as provided in sub. (2) and
ss. 948.35 and s. 961.455, whoever,
18with intent that a felony be committed, advises another to commit that crime under
19circumstances that indicate unequivocally that he or she has the intent is guilty of
20a Class
D H felony.
SB357, s. 401
21Section
401. 939.30 (2) of the statutes is amended to read:
SB357,175,2422
939.30
(2) For a solicitation to commit a crime for which the penalty is life
23imprisonment, the actor is guilty of a Class
C F felony. For a solicitation to commit
24a Class
E I felony, the actor is guilty of a Class
E I felony.
SB357, s. 402
25Section
402. 939.32 (1) (intro.) of the statutes is amended to read:
SB357,176,4
1939.32
(1) Generally. (intro.) Whoever attempts to commit a felony or a crime
2specified in s. 940.19, 940.195 or 943.20 may be fined or imprisoned or both
not to
3exceed one-half the maximum penalty for the completed crime; as provided under
4sub. (1g), except:
SB357, s. 403
5Section
403. 939.32 (1) (b) of the statutes is repealed.
SB357, s. 404
6Section
404. 939.32 (1) (bm) of the statutes is created to read:
SB357,176,97
939.32
(1) (bm) Whoever attempts to commit a Class I felony, other than one
8to which a penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. or b. is being
9applied, is guilty of a Class A misdemeanor.
SB357, s. 405
10Section
405. 939.32 (1g) of the statutes is created to read:
SB357,176,1211
939.32
(1g) Maximum penalty. The maximum penalty for an attempt to commit
12a crime that is punishable under sub. (1) (intro.) is as follows:
SB357,176,1313
(a) The maximum fine is one-half of the maximum fine for the completed crime.
SB357,176,1614
(b) 1. If s. 939.62 is not being applied, the maximum term of imprisonment is
15one-half of the maximum term of imprisonment, as increased by any penalty
16enhancement statute listed in s. 973.01 (2) (c) 2. a. and b., for the completed crime.
SB357,176,1817
2. If s. 939.62 is being applied, the maximum term of imprisonment is
18determined by the following method:
SB357,176,2119
a. Multiplying by one-half the maximum term of imprisonment, as increased
20by any penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. and b., for the
21completed crime.
SB357,176,2222
b. Applying s. 939.62 to the product under subd. 2. a.
SB357, s. 406
23Section
406. 939.32 (1m) of the statutes is created to read:
SB357,177,3
1939.32
(1m) Bifurcated sentences. If the court imposes a bifurcated sentence
2under s. 973.01 (1) for an attempt to commit a crime that is punishable under sub.
3(1) (intro.), the following requirements apply:
SB357,177,94
(a)
Maximum term of confinement for attempt to commit classified felony. 1.
5Subject to the minimum term of extended supervision required under s. 973.01 (2)
6(d), if the crime is a classified felony and s. 939.62 is not being applied, the maximum
7term of confinement in prison is one-half of the maximum term of confinement in
8prison specified in s. 973.01 (2) (b), as increased by any penalty enhancement statute
9listed in s. 973.01 (2) (c) 2. a. and b., for the classified felony.
SB357,177,1310
2. Subject to the minimum term of extended supervision required under s.
11973.01 (2) (d), if the crime is a classified felony and s. 939.62 is being applied, the
12court shall determine the maximum term of confinement in prison by the following
13method:
SB357,177,1614
a. Multiplying by one-half the maximum term of confinement in prison
15specified in s. 973.01 (2) (b), as increased by any penalty enhancement statutes listed
16in s. 973.01 (2) (c) 2. a. and b., for the classified felony.
SB357,177,1717
b. Applying s. 939.62 to the product under subd. 2. a.
SB357,177,2118
(b)
Maximum term of extended supervision for attempt to commit classified
19felony. The maximum term of extended supervision for an attempt to commit a
20classified felony is one-half of the maximum term of extended supervision for the
21completed crime under s. 973.01 (2) (d).
SB357,178,222
(c)
Maximum term of confinement for attempt to commit unclassified felony or
23misdemeanor. The court shall determine the maximum term of confinement in
24prison for an attempt to commit a crime other than a classified felony by applying
1s. 973.01 (2) (b) 10. to the maximum term of imprisonment calculated under sub. (1g)
2(b).
SB357, s. 407
3Section
407. 939.32 (2) (title) of the statutes is created to read:
SB357,178,44
939.32
(2) (title)
Misdemeanors.
SB357, s. 408
5Section
408. 939.32 (3) (title) of the statutes is created to read:
SB357,178,66
939.32
(3) (title)
Requirements.
SB357, s. 409
7Section
409. 939.50 (1) (intro.) of the statutes is amended to read:
SB357,178,98
939.50
(1) (intro.)
Except as provided in ss. 946.83 and 946.85, felonies Felonies 9in
chs. 939 to 951 the statutes are classified as follows:
SB357, s. 410
10Section
410. 939.50 (1) (bc) of the statutes is repealed.
SB357, s. 411
11Section
411. 939.50 (1) (f) of the statutes is created to read:
SB357,178,1212
939.50
(1) (f) Class F felony.
SB357, s. 412
13Section
412. 939.50 (1) (g) of the statutes is created to read:
SB357,178,1414
939.50
(1) (g) Class G felony.
SB357, s. 413
15Section
413. 939.50 (1) (h) of the statutes is created to read:
SB357,178,1616
939.50
(1) (h) Class H felony.
SB357, s. 414
17Section
414. 939.50 (1) (i) of the statutes is created to read:
SB357,178,1818
939.50
(1) (i) Class I felony.
SB357, s. 415
19Section
415. 939.50 (2) of the statutes is amended to read:
SB357,178,2120
939.50
(2) A felony is a Class A, B,
BC, C, D
or, E
, F, G, H or I felony when it
21is so specified in
chs. 939 to 951 the statutes.
SB357,179,2
1939.50
(3) (c) For a Class C felony, a fine not to exceed
$10,000 $100,000 or
2imprisonment not to exceed
15 40 years, or both.
SB357,179,65
939.50
(3) (d) For a Class D felony, a fine not to exceed
$10,000 $100,000 or
6imprisonment not to exceed
10 25 years, or both.
SB357,179,109
939.50
(3) (e) For a Class E felony, a fine not to exceed
$10,000 $50,000 or
10imprisonment not to exceed
5 15 years, or both.
SB357, s. 420
11Section
420. 939.50 (3) (f) of the statutes is created to read:
SB357,179,1312
939.50
(3) (f) For a Class F felony, a fine not to exceed $25,000 or imprisonment
13not to exceed 12 years and 6 months, or both.
SB357, s. 421
14Section
421. 939.50 (3) (g) of the statutes is created to read:
SB357,179,1615
939.50
(3) (g) For a Class G felony, a fine not to exceed $25,000 or imprisonment
16not to exceed 10 years, or both.
SB357, s. 422
17Section
422. 939.50 (3) (h) of the statutes is created to read:
SB357,179,1918
939.50
(3) (h) For a Class H felony, a fine not to exceed $10,000 or imprisonment
19not to exceed 6 years, or both.
SB357, s. 423
20Section
423. 939.50 (3) (i) of the statutes is created to read:
SB357,179,2221
939.50
(3) (i) For a Class I felony, a fine not to exceed $10,000 or imprisonment
22not to exceed 3 years and 6 months, or both.
SB357, s. 424
23Section
424. 939.615 (7) (b) 2. of the statutes is amended to read:
SB357,179,2524
939.615
(7) (b) 2. Whoever violates par. (a) is guilty of a Class
E I felony if the
25same conduct that violates par. (a) also constitutes a crime that is a felony.
SB357, s. 425
1Section
425. 939.615 (7) (c) of the statutes is repealed.
SB357, s. 426
2Section
426. 939.62 (1) (a) of the statutes is amended to read:
SB357,180,43
939.62
(1) (a) A maximum term
of imprisonment of one year or less may be
4increased to not more than
3 2 years.
SB357, s. 427
5Section
427. 939.62 (1) (b) of the statutes is amended to read:
SB357,180,96
939.62
(1) (b) A maximum term
of imprisonment of more than one year but not
7more than 10 years may be increased by not more than 2 years if the prior convictions
8were for misdemeanors and by not more than
6 4 years if the prior conviction was for
9a felony.
SB357, s. 428
10Section
428. 939.62 (1) (c) of the statutes is amended to read:
SB357,180,1311
939.62
(1) (c) A maximum term
of imprisonment of more than 10 years may be
12increased by not more than 2 years if the prior convictions were for misdemeanors
13and by not more than
10 6 years if the prior conviction was for a felony.
SB357, s. 429
14Section
429. 939.62 (2m) (a) 2m. a. of the statutes is amended to read:
SB357,180,1715
939.62
(2m) (a) 2m. a. Any felony under s. 961.41 (1), (1m) or (1x)
if the felony 16is that is a Class A, B or C felony or, if the felony was committed before December 31,
171999, that was punishable by a maximum prison term of 30 years or more.
SB357, s. 430
18Section
430. 939.62 (2m) (a) 2m. b. of the statutes is amended to read:
SB357,180,2419
939.62
(2m) (a) 2m. b. Any felony under
s. 940.09 (1), 1997 stats., s. 943.23 (1m)
20or (1r), 1997 stats., s. 948.35 (1) (b) or (c), 1997 stats., or s. 948.36, 1997 stats., or s.
21940.01, 940.02, 940.03, 940.05, 940.09
(1) (1c), 940.16, 940.19 (5), 940.195 (5), 940.21,
22940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g),
23(1m) or (1r), 943.32 (2), 946.43, 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05,
24948.06, 948.07, 948.08
, or 948.30 (2)
, 948.35 (1) (b) or (c) or 948.36.
SB357, s. 431
25Section
431. 939.622 of the statutes is repealed.