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410. 939.50 (1) (bc) of the statutes is repealed.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.
SB357, s. 435
4Section
435. 939.63 (1) of the statutes is renumbered 939.63, and 939.63 (1)
5(d), (2) and (3), as renumbered, are amended to read:
SB357,181,76
939.63
(1) (d) The maximum term of imprisonment for a felony not specified
7in
subd. 2. or 3. par (b) or (c) may be increased by not more than 3 years.
SB357,181,10
8(2) The increased penalty provided in this
subsection section does not apply if
9possessing, using or threatening to use a dangerous weapon is an essential element
10of the crime charged.
SB357,181,12
11(3) This
subsection section applies only to crimes specified under chs. 939 to
12951 and 961.
SB357, s. 436
13Section
436. 939.63 (2) of the statutes is repealed.
SB357, s. 437
14Section
437. 939.632 (1) (e) 1. of the statutes is amended to read:
SB357,181,1915
939.632
(1) (e) 1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09
(1) 16(1c), 940.19 (2),
(3), (4) or (5), 940.21, 940.225 (1), (2) or (3), 940.305, 940.31, 941.20,
17941.21, 943.02, 943.06, 943.10 (2), 943.23 (1g),
(1m) or (1r), 943.32 (2), 948.02 (1) or
18(2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.055, 948.07, 948.08
, or 948.30 (2)
, 948.35
19(1) (b) or (c) or 948.36.
SB357, s. 438
20Section
438. 939.632 (2) of the statutes is amended to read:
SB357,181,2221
939.632
(2) If a person commits a violent crime in a school zone, the maximum
22period term of imprisonment is increased as follows:
SB357,181,2423
(a) If the violent crime is a felony, the maximum
period term of imprisonment
24is increased by 5 years.
SB357,182,3
1(b) If the violent crime is a misdemeanor, the maximum
period term of
2imprisonment is increased by 3 months and the place of imprisonment is the county
3jail.
SB357, s. 442
8Section
442. 939.645 (2) of the statutes is amended to read:
SB357,182,129
939.645
(2) (a) If the crime committed under sub. (1) is ordinarily a
10misdemeanor other than a Class A misdemeanor, the revised maximum fine is
11$10,000 and the revised maximum
period term of imprisonment is one year in the
12county jail.
SB357,182,1613
(b) If the crime committed under sub. (1) is ordinarily a Class A misdemeanor,
14the penalty increase under this section changes the status of the crime to a felony and
15the revised maximum fine is $10,000 and the revised maximum
period term of
16imprisonment is 2 years.
SB357,182,2017
(c) If the crime committed under sub. (1) is a felony, the maximum fine
18prescribed by law for the crime may be increased by not more than $5,000 and the
19maximum
period term of imprisonment prescribed by law for the crime may be
20increased by not more than 5 years.
SB357, s. 443
21Section
443. 939.646 of the statutes is repealed.
SB357, s. 444
22Section
444. 939.647 of the statutes is repealed.
SB357, s. 445
23Section
445. 939.648 of the statutes is repealed.
SB357, s. 446
24Section
446. 939.72 (1) of the statutes is amended to read:
SB357,183,2
1939.72
(1) Section 939.30
, 948.35 or 948.36 for solicitation and s. 939.05 as a
2party to a crime which is the objective of the solicitation; or
SB357, s. 447
3Section
447. 939.75 (1) of the statutes is amended to read:
SB357,183,84
939.75
(1) In this section and ss. 939.24 (1), 939.25 (1), 940.01 (1) (b), 940.02
5(1m), 940.05 (2g) and (2h), 940.06 (2), 940.08 (2), 940.09 (1) (c) to (e)
, (1b) and (1g) (c)
6and (d), 940.10 (2), 940.195, 940.23 (1) (b) and (2) (b), 940.24 (2) and 940.25 (1) (c) to
7(e)
and (1b), "unborn child" means any individual of the human species from
8fertilization until birth that is gestating inside a woman.
SB357, s. 448
9Section
448. 940.02 (2) (intro.) of the statutes is amended to read:
SB357,183,1110
940.02
(2) (intro.) Whoever causes the death of another human being under any
11of the following circumstances is guilty of a Class
B
C felony:
SB357, s. 449
12Section
449. 940.03 of the statutes is amended to read:
SB357,183,17
13940.03 Felony murder. Whoever causes the death of another human being
14while committing or attempting to commit a crime specified in s. 940.225 (1) or (2)
15(a), 943.02, 943.10 (2)
, 943.23 (1g) or 943.32 (2) may be imprisoned for not more than
1620 15 years in excess of the maximum
period term of imprisonment provided by law
17for that crime or attempt.
SB357, s. 450
18Section
450. 940.04 (1) of the statutes is amended to read:
SB357,183,2119
940.04
(1) Any person, other than the mother, who intentionally destroys the
20life of an unborn child
may be fined not more than $5,000 or imprisoned not more
21than 3 years or both is guilty of a Class H felony.
SB357, s. 451
22Section
451. 940.04 (2) (intro.) of the statutes is amended to read:
SB357,183,2423
940.04
(2) (intro.) Any person, other than the mother, who does either of the
24following
may be imprisoned not more than 15 years
is guilty of a Class E felony:
SB357, s. 452
25Section
452. 940.04 (4) of the statutes is amended to read:
SB357,184,3
1940.04
(4) Any pregnant woman who intentionally destroys the life of her
2unborn quick child or who consents to such destruction by another
may be
3imprisoned not more than 2 years is guilty of a Class I felony.