SB357: Bill Text

SB357, s. 897 Section 897. 961.48 (2m) (a) of the statutes is amended to read:

SB357,263,22 961.48 (2m) (a) Whenever a person charged with an a felony offense under this chapter may be subject to a conviction for a 2nd or subsequent offense, he or she is not subject to an enhanced penalty under sub. (1) or (2) unless any applicable prior convictions are alleged in the complaint, indictment or information or in an amended complaint, indictment or information that is filed under par. (b) 1. A person is not subject to an enhanced penalty under sub. (1) or (2) for an offense if an allegation of applicable prior convictions is withdrawn by an amended complaint filed under par. (b) 2.

SB357, s. 898 Section 898. 961.48 (3) of the statutes is amended to read:

SB357,264,4 961.48 (3) For purposes of this section, an a felony offense under this chapter is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor offense under this chapter or under any statute of the United States or of any state relating to controlled substances or controlled substance analogs, narcotic drugs, marijuana or depressant, stimulant or hallucinogenic drugs.

SB357, s. 899 Section 899. 961.48 (4) of the statutes is repealed.

SB357, s. 900 Section 900. 961.49 (1) of the statutes is renumbered 961.49.

SB357, s. 901 Section 901. 961.49 (2) of the statutes is repealed.

SB357, s. 902 Section 902. 961.49 (3) of the statutes is repealed.

SB357, s. 903 Section 903. 961.492 of the statutes is repealed.

SB357, s. 904 Section 904. 968.255 (1) (a) 2. of the statutes is amended to read:

SB357,264,12 968.255 (1) (a) 2. Arrested for any misdemeanor under s. 167.30, 940.19, 941.20 (1), 941.23, 941.237, 941.24, 948.60, 948.605 (2) (a) or 948.61.

SB357, s. 905 Section 905. 968.31 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,264,18 968.31 (1) (intro.) Except as otherwise specifically provided in ss. 196.63 or 968.28 to 968.30, whoever commits any of the acts enumerated in this section 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:

SB357, s. 906 Section 906. 968.34 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,264,22 968.34 (3) Whoever knowingly violates sub. (1) shall may be fined not more than $10,000 or imprisoned for not more than 2 years 9 months or both.

SB357, s. 907 Section 907. 968.43 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,265,3 968.43 (3) Any person who violates an oath or affirmation required by sub. (2) may be imprisoned for not more than 7 years and 6 months is guilty of a Class H felony.

SB357, s. 908 Section 908. 969.08 (10) (a) of the statutes is amended to read:

SB357,265,7 969.08 (10) (a) "Commission of a serious crime" includes a solicitation, conspiracy or attempt, under s. 939.30, 939.31, or 939.32 or 948.35, to commit a serious crime.

SB357, s. 909 Section 909. 969.08 (10) (b) of the statutes is amended to read:

SB357,265,15 969.08 (10) (b) "Serious crime" means any crime specified in s. 346.62 (4), 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5), 940.195 (5), 940.20, 940.201, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.24, 940.25, 940.29, 940.295 (3) (b) 1g., 1m., 1r., 2. or 3., 940.31, 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.03, 943.04, 943.06, 943.10, 943.23 (1g), (1m) or (1r), 943.30, 943.32, 946.01, 946.02, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07 or 948.30.

SB357, s. 910 Section 910. 971.17 (1) of the statutes is renumbered 971.17 (1) (a) and amended to read:

SB357,266,3 971.17 (1) (a) Felonies committed before the effective date of this paragraph .... [revisor inserts date]. When Except as provided in par. (c), when a defendant is found not guilty by reason of mental disease or mental defect of a felony committed before the effective date of this paragraph .... [revisor inserts date], the court shall commit the person to the department of health and family services for a specified period not exceeding two-thirds of the maximum term of imprisonment that could be imposed under s. 973.15 (2) (a) against an offender convicted of the same crime or crimes felony or felonies, including imprisonment authorized by ss. 346.65 (2) (f), (2j) (d) or (3m), 939.62, 939.621, 939.63, 939.635, 939.64, 939.641, 939.645, 940.09 (1b), 940.25 (1b) and 961.48 and other any applicable penalty enhancement statutes, as applicable, subject to the credit provisions of s. 973.155.

SB357,266,7 (c) Felonies punishable by life imprisonment. If the maximum term of imprisonment is a defendant is found not guilty by reason of mental disease or mental defect of a felony that is punishable by life imprisonment, the commitment period specified by the court may be life, subject to termination under sub. (5).

SB357, s. 911 Section 911. 971.17 (1) (b) of the statutes is created to read:

SB357,266,17 971.17 (1) (b) Felonies committed on or after the effective date of this paragraph .... [revisor inserts date]. Except as provided in par. (c), when a defendant is found not guilty by reason of mental disease or mental defect of a felony committed on or after the effective date of this paragraph .... [revisor inserts date], the court shall commit the person to the department of health and family services for a specified period not exceeding the maximum term of confinement in prison that could be imposed on an offender convicted of the same felony or felonies under ss. 973.01 (2) (b) and 973.15 (2) (a), plus imprisonment authorized by any applicable penalty enhancement statutes, subject to the credit provisions of s. 973.155.

SB357, s. 912 Section 912. 971.17 (1) (d) of the statutes is created to read:

SB357,266,25 971.17 (1) (d) Misdemeanors. When a defendant is found not guilty by reason of mental disease or mental defect of a misdemeanor, the court shall commit the person to the department of health and family services for a specified period not exceeding two-thirds of the maximum term of imprisonment that could be imposed under s. 973.15 (2) (a) against an offender convicted of the same misdemeanor or misdemeanors, including imprisonment authorized by any applicable penalty enhancement statutes, subject to the credit provisions of s. 973.155.

SB357, s. 913 Section 913. 971.365 (1) (c) of the statutes is amended to read:

SB357,267,4 971.365 (1) (c) In any case under s. 961.41 (3g) (a) 2. (am), (c), (d) or (e) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

SB357, s. 914 Section 914. 971.365 (2) of the statutes is amended to read:

SB357,267,9 971.365 (2) An acquittal or conviction under sub. (1) does not bar a subsequent prosecution for any acts in violation of s. 961.41 (1) (cm), (d), (e), (f), (g) or (h), (1m) (cm), (d), (e), (f), (g) or (h) or (3g) (a) 2. (am), (c), (d) or (e) on which no evidence was received at the trial on the original charge.

SB357, s. 915 Section 915. 973.01 (1) of the statutes is amended to read:

SB357,267,17 973.01 (1) Bifurcated sentence required. Except as provided in sub. (3), whenever a court sentences a person to imprisonment in the Wisconsin state prisons for a felony committed on or after December 31, 1999, but before the effective date of this subsection .... [revisor inserts date], or for a crime committed on or after the effective date of this subsection .... [revisor inserts date], the court shall impose a bifurcated sentence that consists of a term of confinement in prison followed by a term of extended supervision under s. 302.113 this section.

SB357, s. 916 Section 916. 973.01 (2) (intro.) of the statutes is amended to read:

SB357,267,24 973.01 (2) Structure of bifurcated sentences. (intro.) The court shall ensure that a A bifurcated sentence is a sentence that consists of a term of confinement in prison followed by a term of extended supervision under s. 302.113. The total length of a bifurcated sentence equals the length of the term of confinement in prison plus the length of the term of extended supervision. A bifurcated sentence imposed under sub. (1) complies this section shall comply with all of the following:

SB357, s. 917 Section 917. 973.01 (2) (a) of the statutes is amended to read:

SB357,268,6 973.01 (2) (a) Total length of bifurcated sentence. Except as provided in par. (c), the total length of the bifurcated sentence may not exceed the maximum period of imprisonment for the specified in s. 939.50 (3), if the crime is a classified felony, or the maximum term of imprisonment provided by statute for the crime, if the crime is not a classified felony, plus additional imprisonment authorized by any applicable penalty enhancement statutes.

SB357, s. 918 Section 918. 973.01 (2) (b) (intro.) of the statutes is amended to read:

SB357,268,11 973.01 (2) (b) Imprisonment portion of bifurcated sentence. (intro.) The portion of the bifurcated sentence that imposes a term of confinement in prison may not be less than one year, subject to any minimum sentence prescribed for the felony, and, except as provided in par. (c), may not exceed whichever of the following is applicable:

SB357, s. 919 Section 919. 973.01 (2) (b) 2. of the statutes is repealed.

SB357, s. 920 Section 920. 973.01 (2) (b) 3. of the statutes is amended to read:

SB357,268,15 973.01 (2) (b) 3. For a Class C felony, the term of confinement in prison may not exceed 10 25 years.

SB357, s. 921 Section 921. 973.01 (2) (b) 4. of the statutes is amended to read:

SB357,268,18 973.01 (2) (b) 4. For a Class D felony, the term of confinement in prison may not exceed 5 15 years.

SB357, s. 922 Section 922. 973.01 (2) (b) 5. of the statutes is amended to read:

SB357,268,21 973.01 (2) (b) 5. For a Class E felony, the term of confinement in prison may not exceed 2 10 years.

SB357, s. 923 Section 923. 973.01 (2) (b) 6. of the statutes is renumbered 973.01 (2) (b) 10. and amended to read:

SB357,269,3 973.01 (2) (b) 10. For any felony crime other than a felony specified in subds. 1. to 5. 9., the term of confinement in prison may not exceed 75% of the total length of the bifurcated sentence.

SB357, s. 924 Section 924. 973.01 (2) (b) 6m. of the statutes is created to read:

SB357,269,6 973.01 (2) (b) 6m. For a Class F felony, the term of confinement in prison may not exceed 7 years and 6 months.

SB357, s. 925 Section 925. 973.01 (2) (b) 7. of the statutes is created to read:

SB357,269,9 973.01 (2) (b) 7. For a Class G felony, the term of confinement in prison may not exceed 5 years.

SB357, s. 926 Section 926. 973.01 (2) (b) 8. of the statutes is created to read:

SB357,269,12 973.01 (2) (b) 8. For a Class H felony, the term of confinement in prison may not exceed 3 years.

SB357, s. 927 Section 927. 973.01 (2) (b) 9. of the statutes is created to read:

SB357,269,15 973.01 (2) (b) 9. For a Class I felony, the term of confinement in prison may not exceed one year and 6 months.

SB357, s. 928 Section 928. 973.01 (2) (c) of the statutes is renumbered 973.01 (2) (c) 1. and amended to read:

SB357,269,23 973.01 (2) (c) 1. The Subject to the minimum period of extended supervision required under par. (d), the maximum term of confinement in prison specified in par. (b) may be increased by any applicable penalty enhancement statute. If the maximum term of confinement in prison specified in par. (b) is increased under this paragraph, the total length of the bifurcated sentence that may be imposed is increased by the same amount.

SB357, s. 929 Section 929. 973.01 (2) (c) 2. of the statutes is created to read:

SB357,270,3 973.01 (2) (c) 2. If more than one of the following penalty enhancement statutes apply to a crime, the court shall apply them in the order listed in calculating the maximum term of imprisonment for that crime:

SB357,270,4 a. Sections 939.621, 939.632, 939.645, 961.46 and 961.49.

SB357,270,5 b. Section 939.63.

SB357,270,6 c. Section 939.62 or 961.48.

SB357, s. 930 Section 930. 973.01 (2) (d) of the statutes is renumbered 973.01 (2) (d) (intro.) and amended to read:

SB357,270,13 973.01 (2) (d) Minimum and maximum term of extended supervision. (intro.) The term of extended supervision that follows the term of confinement in prison may not be less than 25% of the length of the term of confinement in prison imposed under par. (b). and, for a classified felony, may not exceed whichever of the following is applicable:

SB357, s. 931 Section 931. 973.01 (2) (d) 1. to 6. of the statutes are created to read:

SB357,270,16 973.01 (2) (d) 1. For a Class B felony, the term of extended supervision may not exceed 20 years.

SB357,270,18 2. For a Class C felony, the term of extended supervision may not exceed 15 years.

SB357,270,20 3. For a Class D felony, the term of extended supervision may not exceed 10 years.

SB357,270,22 4. For a Class E, F or G felony, the term of extended supervision may not exceed 5 years.

SB357,270,24 5. For a Class H felony, the term of extended supervision may not exceed 3 years.

SB357,270,25 6. For a Class I felony, the term of extended supervision may not exceed 2 years.

SB357, s. 932 Section 932. 973.01 (4) of the statutes is amended to read:

SB357,271,6 973.01 (4) No good time; extension or reduction of term of imprisonment. A person sentenced to a bifurcated sentence under sub. (1) shall serve the term of confinement in prison portion of the sentence without reduction for good behavior. The term of confinement in prison portion is subject to extension under s. 302.113 (3) and, if applicable, to reduction under s. 302.045 (3m) or 302.113 (9g).

SB357, s. 933 Section 933. 973.01 (5) of the statutes is amended to read:

SB357,271,10 973.01 (5) Other extended supervision conditions. Whenever the court imposes a bifurcated sentence under sub. (1), the court may impose conditions upon the term of extended supervision, including drug treatment under s. 973.031.

SB357, s. 934 Section 934. 973.01 (7m) of the statutes is created to read:

SB357,271,18 973.01 (7m) Modification of bifurcated sentence. A court may at any time modify a bifurcated sentence that the court previously imposed by reducing the term of confinement in prison portion of the sentence and lengthening the term of extended supervision imposed so that the total length of the bifurcated sentence originally imposed does not change. A proceeding to modify a bifurcated sentence under this subsection shall be conducted using the procedure established and the factors specified by the director of state courts under s. 758.19 (8).

SB357, s. 935 Section 935. 973.0135 (1) (b) 2. of the statutes is amended to read:

SB357,271,25 973.0135 (1) (b) 2. 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., 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. 936 Section 936. 973.017 of the statutes is created to read:

SB357,272,7 973.017 Bifurcated sentences; use of guidelines; consideration of aggravating and mitigating factors. (1) Definition. In this section, "sentencing decision" means a decision as to whether to impose a bifurcated sentence under s. 973.01 or to place a person on probation and a decision as to the length of a bifurcated sentence, including the length of each component of the bifurcated sentence, the amount of a fine and the length of a term of probation.

SB357,272,11 (2) General requirement. When a court makes a sentencing decision concerning a person convicted of a criminal offense committed on or after the effective date of this subsection .... [revisor inserts date], the court shall consider all of the following:

SB357,272,16 (a) If the offense is a felony, the sentencing guidelines adopted by the sentencing commission under s. 973.30 or, if the sentencing commission has not adopted a guideline for the offense, any applicable temporary sentencing guideline adopted by the criminal penalties study committee created under 1997 Wisconsin Act 283.

SB357,272,18 (b) Any applicable mitigating factors and any applicable aggravating factors, including the aggravating factors specified in subs. (3) to (8).

SB357,272,20 (3) Aggravating factors; generally. When making a sentencing decision for any crime, the court shall consider all of the following as aggravating factors:

SB357,272,23 (a) The fact that the person committed the crime while his or her usual appearance was concealed, disguised or altered, with the intent to make it less likely that he or she would be identified with the crime.

SB357,272,25 (b) The fact that the person committed the crime using information that was disclosed to him or her under s. 301.46.