SB357: Bill Text

SB357,174,15 938.355 (4) (b) An order under s. 938.34 (4d), (4h) or (4m) for which a juvenile has been adjudicated delinquent is subject to par. (a), except that the judge may make an order under s. 938.34 (4d) or (4m) apply for up to 2 years or until the juvenile's 18th birthdate, whichever is earlier and the judge shall make an order under s. 938.34 (4h) apply for 5 years, if the juvenile is adjudicated delinquent for committing a violation of s. 943.10 (2) or for committing an act that would be punishable as a Class B or C felony if committed by an adult, or until the juvenile reaches 25 years of age, if the juvenile is adjudicated delinquent for committing an act that would be punishable as a Class A felony if committed by an adult.

SB357, s. 398 Section 398. 938.78 (3) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB357,175,12 938.78 (3) If a juvenile adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need of protection or services under s. 48.13 (12), 1993 stats., or s. 48.13 (14), 1993 stats., or s. 938.13 (12) or (14) on the basis of a violation of s. 943.23 (1m) or (1r), 1997 stats., or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60, 948.605 or 948.61 or any crime specified in ch. 940 has escaped from a secured correctional facility, child caring institution, secured group home, inpatient facility, as defined in s. 51.01 (10), secure detention facility or juvenile portion of a county jail, or from the custody of a peace officer or a guard of such a facility, institution or jail, or has been allowed to leave a secured correctional facility, child caring institution, secured group home, inpatient facility, secure detention facility or juvenile portion of a county jail for a specified time period and is absent from the facility, institution, home or jail for more than 12 hours after the expiration of the specified period, the department or county department having supervision over the juvenile may release the juvenile's name and any information about the juvenile that is necessary for the protection of the public or to secure the juvenile's return to the facility, institution, home or jail. The department of corrections shall promulgate rules establishing guidelines for the release of the juvenile's name or information about the juvenile to the public.

SB357, s. 399 Section 399. 939.22 (21) (d) of the statutes is amended to read:

SB357,175,15 939.22 (21) (d) Battery, substantial battery or aggravated battery, as prohibited in s. 940.19 or 940.195.

SB357, s. 400 Section 400. 939.30 (1) of the statutes is amended to read:

SB357,175,20 939.30 (1) Except as provided in sub. (2) and ss. 948.35 and s. 961.455, whoever, with intent that a felony be committed, advises another to commit that crime under circumstances that indicate unequivocally that he or she has the intent is guilty of a Class D H felony.

SB357, s. 401 Section 401. 939.30 (2) of the statutes is amended to read:

SB357,175,24 939.30 (2) For a solicitation to commit a crime for which the penalty is life imprisonment, the actor is guilty of a Class C F felony. For a solicitation to commit a Class E I felony, the actor is guilty of a Class E I felony.

SB357, s. 402 Section 402. 939.32 (1) (intro.) of the statutes is amended to read:

SB357,176,4 939.32 (1) Generally. (intro.) Whoever attempts to commit a felony or a crime specified in s. 940.19, 940.195 or 943.20 may be fined or imprisoned or both not to exceed one-half the maximum penalty for the completed crime; as provided under sub. (1g), except:

SB357, s. 403 Section 403. 939.32 (1) (b) of the statutes is repealed.

SB357, s. 404 Section 404. 939.32 (1) (bm) of the statutes is created to read:

SB357,176,9 939.32 (1) (bm) Whoever attempts to commit a Class I felony, other than one to which a penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. or b. is being applied, is guilty of a Class A misdemeanor.

SB357, s. 405 Section 405. 939.32 (1g) of the statutes is created to read:

SB357,176,12 939.32 (1g) Maximum penalty. The maximum penalty for an attempt to commit a crime that is punishable under sub. (1) (intro.) is as follows:

SB357,176,13 (a) The maximum fine is one-half of the maximum fine for the completed crime.

SB357,176,16 (b) 1. If s. 939.62 is not being applied, the maximum term of imprisonment is one-half of the maximum term of imprisonment, as increased by any penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. and b., for the completed crime.

SB357,176,18 2. If s. 939.62 is being applied, the maximum term of imprisonment is determined by the following method:

SB357,176,21 a. Multiplying by one-half the maximum term of imprisonment, as increased by any penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. and b., for the completed crime.

SB357,176,22 b. Applying s. 939.62 to the product under subd. 2. a.

SB357, s. 406 Section 406. 939.32 (1m) of the statutes is created to read:

SB357,177,3 939.32 (1m) Bifurcated sentences. If the court imposes a bifurcated sentence under s. 973.01 (1) for an attempt to commit a crime that is punishable under sub. (1) (intro.), the following requirements apply:

SB357,177,9 (a) Maximum term of confinement for attempt to commit classified felony. 1. Subject to the minimum term of extended supervision required under s. 973.01 (2) (d), if the crime is a classified felony and s. 939.62 is not being applied, the maximum term of confinement in prison is one-half of the maximum term of confinement in prison specified in s. 973.01 (2) (b), as increased by any penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. and b., for the classified felony.

SB357,177,13 2. Subject to the minimum term of extended supervision required under s. 973.01 (2) (d), if the crime is a classified felony and s. 939.62 is being applied, the court shall determine the maximum term of confinement in prison by the following method:

SB357,177,16 a. Multiplying by one-half the maximum term of confinement in prison specified in s. 973.01 (2) (b), as increased by any penalty enhancement statutes listed in s. 973.01 (2) (c) 2. a. and b., for the classified felony.

SB357,177,17 b. Applying s. 939.62 to the product under subd. 2. a.

SB357,177,21 (b) Maximum term of extended supervision for attempt to commit classified felony. The maximum term of extended supervision for an attempt to commit a classified felony is one-half of the maximum term of extended supervision for the completed crime under s. 973.01 (2) (d).

SB357,178,2 (c) Maximum term of confinement for attempt to commit unclassified felony or misdemeanor. The court shall determine the maximum term of confinement in prison for an attempt to commit a crime other than a classified felony by applying s. 973.01 (2) (b) 10. to the maximum term of imprisonment calculated under sub. (1g) (b).

SB357, s. 407 Section 407. 939.32 (2) (title) of the statutes is created to read:

SB357,178,4 939.32 (2) (title) Misdemeanors.

SB357, s. 408 Section 408. 939.32 (3) (title) of the statutes is created to read:

SB357,178,6 939.32 (3) (title) Requirements.

SB357, s. 409 Section 409. 939.50 (1) (intro.) of the statutes is amended to read:

SB357,178,9 939.50 (1) (intro.) Except as provided in ss. 946.83 and 946.85, felonies Felonies in chs. 939 to 951 the statutes are classified as follows:

SB357, s. 410 Section 410. 939.50 (1) (bc) of the statutes is repealed.

SB357, s. 411 Section 411. 939.50 (1) (f) of the statutes is created to read:

SB357,178,12 939.50 (1) (f) Class F felony.

SB357, s. 412 Section 412. 939.50 (1) (g) of the statutes is created to read:

SB357,178,14 939.50 (1) (g) Class G felony.

SB357, s. 413 Section 413. 939.50 (1) (h) of the statutes is created to read:

SB357,178,16 939.50 (1) (h) Class H felony.

SB357, s. 414 Section 414. 939.50 (1) (i) of the statutes is created to read:

SB357,178,18 939.50 (1) (i) Class I felony.

SB357, s. 415 Section 415. 939.50 (2) of the statutes is amended to read:

SB357,178,21 939.50 (2) A felony is a Class A, B, BC, C, D or, E, F, G, H or I felony when it is so specified in chs. 939 to 951 the statutes.

SB357, s. 416 Section 416. 939.50 (3) (bc) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

SB357, s. 417 Section 417. 939.50 (3) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,179,2 939.50 (3) (c) For a Class C felony, a fine not to exceed $10,000 $100,000 or imprisonment not to exceed 15 40 years, or both.

SB357, s. 418 Section 418. 939.50 (3) (d) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,179,6 939.50 (3) (d) For a Class D felony, a fine not to exceed $10,000 $100,000 or imprisonment not to exceed 10 25 years, or both.

SB357, s. 419 Section 419. 939.50 (3) (e) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,179,10 939.50 (3) (e) For a Class E felony, a fine not to exceed $10,000 $50,000 or imprisonment not to exceed 5 15 years, or both.

SB357, s. 420 Section 420. 939.50 (3) (f) of the statutes is created to read:

SB357,179,13 939.50 (3) (f) For a Class F felony, a fine not to exceed $25,000 or imprisonment not to exceed 12 years and 6 months, or both.

SB357, s. 421 Section 421. 939.50 (3) (g) of the statutes is created to read:

SB357,179,16 939.50 (3) (g) For a Class G felony, a fine not to exceed $25,000 or imprisonment not to exceed 10 years, or both.

SB357, s. 422 Section 422. 939.50 (3) (h) of the statutes is created to read:

SB357,179,19 939.50 (3) (h) For a Class H felony, a fine not to exceed $10,000 or imprisonment not to exceed 6 years, or both.

SB357, s. 423 Section 423. 939.50 (3) (i) of the statutes is created to read:

SB357,179,22 939.50 (3) (i) For a Class I felony, a fine not to exceed $10,000 or imprisonment not to exceed 3 years and 6 months, or both.

SB357, s. 424 Section 424. 939.615 (7) (b) 2. of the statutes is amended to read:

SB357,179,25 939.615 (7) (b) 2. Whoever violates par. (a) is guilty of a Class E I felony if the same conduct that violates par. (a) also constitutes a crime that is a felony.

SB357, s. 425 Section 425. 939.615 (7) (c) of the statutes is repealed.

SB357, s. 426 Section 426. 939.62 (1) (a) of the statutes is amended to read:

SB357,180,4 939.62 (1) (a) A maximum term of imprisonment of one year or less may be increased to not more than 3 2 years.

SB357, s. 427 Section 427. 939.62 (1) (b) of the statutes is amended to read:

SB357,180,9 939.62 (1) (b) A maximum term of imprisonment of more than one year but not more than 10 years may be increased by not more than 2 years if the prior convictions were for misdemeanors and by not more than 6 4 years if the prior conviction was for a felony.

SB357, s. 428 Section 428. 939.62 (1) (c) of the statutes is amended to read:

SB357,180,13 939.62 (1) (c) A maximum term of imprisonment of more than 10 years may be increased by not more than 2 years if the prior convictions were for misdemeanors and by not more than 10 6 years if the prior conviction was for a felony.

SB357, s. 429 Section 429. 939.62 (2m) (a) 2m. a. of the statutes is amended to read:

SB357,180,17 939.62 (2m) (a) 2m. a. Any felony under s. 961.41 (1), (1m) or (1x) if the felony is that is a Class A, B or C felony or, if the felony was committed before December 31, 1999, that was punishable by a maximum prison term of 30 years or more.

SB357, s. 430 Section 430. 939.62 (2m) (a) 2m. b. of the statutes is amended to read:

SB357,180,24 939.62 (2m) (a) 2m. b. Any felony under s. 940.09 (1), 1997 stats., s. 943.23 (1m) or (1r), 1997 stats., s. 948.35 (1) (b) or (c), 1997 stats., or s. 948.36, 1997 stats., or s. 940.01, 940.02, 940.03, 940.05, 940.09 (1) (1c), 940.16, 940.19 (5), 940.195 (5), 940.21, 940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 946.43, 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.08, or 948.30 (2), 948.35 (1) (b) or (c) or 948.36.

SB357, s. 431 Section 431. 939.622 of the statutes is repealed.

SB357, s. 432 Section 432. 939.623 of the statutes is repealed.

SB357, s. 433 Section 433. 939.624 of the statutes is repealed.

SB357, s. 434 Section 434. 939.625 of the statutes is repealed.

SB357, s. 435 Section 435. 939.63 (1) of the statutes is renumbered 939.63, and 939.63 (1) (d), (2) and (3), as renumbered, are amended to read:

SB357,181,7 939.63 (1) (d) The maximum term of imprisonment for a felony not specified in subd. 2. or 3. par (b) or (c) may be increased by not more than 3 years.

SB357,181,10 (2) The increased penalty provided in this subsection section does not apply if possessing, using or threatening to use a dangerous weapon is an essential element of the crime charged.

SB357,181,12 (3) This subsection section applies only to crimes specified under chs. 939 to 951 and 961.

SB357, s. 436 Section 436. 939.63 (2) of the statutes is repealed.

SB357, s. 437 Section 437. 939.632 (1) (e) 1. of the statutes is amended to read:

SB357,181,19 939.632 (1) (e) 1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09 (1) (1c), 940.19 (2), (3), (4) or (5), 940.21, 940.225 (1), (2) or (3), 940.305, 940.31, 941.20, 941.21, 943.02, 943.06, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.055, 948.07, 948.08 , or 948.30 (2), 948.35 (1) (b) or (c) or 948.36.

SB357, s. 438 Section 438. 939.632 (2) of the statutes is amended to read:

SB357,181,22 939.632 (2) If a person commits a violent crime in a school zone, the maximum period term of imprisonment is increased as follows:

SB357,181,24 (a) If the violent crime is a felony, the maximum period term of imprisonment is increased by 5 years.

SB357,182,3 (b) If the violent crime is a misdemeanor, the maximum period term of imprisonment is increased by 3 months and the place of imprisonment is the county jail.