SB357: Bill Text

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.

SB357, s. 439 Section 439. 939.635 of the statutes, as affected by 1999 Wisconsin Act 9, is repealed.

SB357, s. 440 Section 440. 939.64 of the statutes is repealed.

SB357, s. 441 Section 441. 939.641 of the statutes is repealed.

SB357, s. 442 Section 442. 939.645 (2) of the statutes is amended to read:

SB357,182,12 939.645 (2) (a) If the crime committed under sub. (1) is ordinarily a misdemeanor other than a Class A misdemeanor, the revised maximum fine is $10,000 and the revised maximum period term of imprisonment is one year in the county jail.

SB357,182,16 (b) If the crime committed under sub. (1) is ordinarily a Class A misdemeanor, the penalty increase under this section changes the status of the crime to a felony and the revised maximum fine is $10,000 and the revised maximum period term of imprisonment is 2 years.

SB357,182,20 (c) If the crime committed under sub. (1) is a felony, the maximum fine prescribed by law for the crime may be increased by not more than $5,000 and the maximum period term of imprisonment prescribed by law for the crime may be increased by not more than 5 years.

SB357, s. 443 Section 443. 939.646 of the statutes is repealed.

SB357, s. 444 Section 444. 939.647 of the statutes is repealed.

SB357, s. 445 Section 445. 939.648 of the statutes is repealed.

SB357, s. 446 Section 446. 939.72 (1) of the statutes is amended to read:

SB357,183,2 939.72 (1) Section 939.30, 948.35 or 948.36 for solicitation and s. 939.05 as a party to a crime which is the objective of the solicitation; or

SB357, s. 447 Section 447. 939.75 (1) of the statutes is amended to read:

SB357,183,8 939.75 (1) In this section and ss. 939.24 (1), 939.25 (1), 940.01 (1) (b), 940.02 (1m), 940.05 (2g) and (2h), 940.06 (2), 940.08 (2), 940.09 (1) (c) to (e), (1b) and (1g) (c) and (d), 940.10 (2), 940.195, 940.23 (1) (b) and (2) (b), 940.24 (2) and 940.25 (1) (c) to (e) and (1b), "unborn child" means any individual of the human species from fertilization until birth that is gestating inside a woman.

SB357, s. 448 Section 448. 940.02 (2) (intro.) of the statutes is amended to read:

SB357,183,11 940.02 (2) (intro.) Whoever causes the death of another human being under any of the following circumstances is guilty of a Class B C felony:

SB357, s. 449 Section 449. 940.03 of the statutes is amended to read:

SB357,183,17 940.03 Felony murder. Whoever causes the death of another human being while committing or attempting to commit a crime specified in s. 940.225 (1) or (2) (a), 943.02, 943.10 (2), 943.23 (1g) or 943.32 (2) may be imprisoned for not more than 20 15 years in excess of the maximum period term of imprisonment provided by law for that crime or attempt.

SB357, s. 450 Section 450. 940.04 (1) of the statutes is amended to read: