SB357, s. 913
1Section
913. 971.365 (1) (c) of the statutes is amended to read:
SB357,267,42
971.365
(1) (c) In any case under s. 961.41 (3g)
(a) 2. (am), (c), (d) or (e) involving
3more than one violation, all violations may be prosecuted as a single crime if the
4violations were pursuant to a single intent and design.
SB357, s. 914
5Section
914. 971.365 (2) of the statutes is amended to read:
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971.365
(2) An acquittal or conviction under sub. (1) does not bar a subsequent
7prosecution for any acts in violation of s. 961.41 (1) (cm), (d), (e), (f), (g) or (h), (1m)
8(cm), (d), (e), (f), (g) or (h) or (3g)
(a) 2. (am), (c), (d) or (e) on which no evidence was
9received at the trial on the original charge.
SB357, s. 915
10Section
915. 973.01 (1) of the statutes is amended to read:
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973.01
(1) Bifurcated sentence required. Except as provided in sub. (3),
12whenever a court sentences a person to imprisonment in the Wisconsin state prisons
13for a felony committed on or after December 31, 1999,
but before the effective date
14of this subsection .... [revisor inserts date], or for a crime committed on or after the
15effective date of this subsection .... [revisor inserts date], the court shall impose a
16bifurcated sentence
that consists of a term of confinement in prison followed by a
17term of extended supervision under
s. 302.113
this section.
SB357, s. 916
18Section
916. 973.01 (2) (intro.) of the statutes is amended to read:
SB357,267,2419
973.01
(2) Structure of bifurcated sentences. (intro.)
The court shall ensure
20that a A bifurcated sentence is a sentence that consists of a term of confinement in
21prison followed by a term of extended supervision under s. 302.113. The total length
22of a bifurcated sentence equals the length of the term of confinement in prison plus
23the length of the term of extended supervision. A bifurcated sentence imposed under
24sub. (1) complies this section shall comply with all of the following:
SB357, s. 917
25Section
917. 973.01 (2) (a) of the statutes is amended to read:
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1973.01
(2) (a)
Total length of bifurcated sentence. Except as provided in par. (c),
2the total length of the bifurcated sentence may not exceed the maximum period of
3imprisonment
for the specified in s. 939.50 (3), if the crime is a classified felony
, or
4the maximum term of imprisonment provided by statute for the crime, if the crime
5is not a classified felony, plus additional imprisonment authorized by any applicable
6penalty enhancement statutes.
SB357, s. 918
7Section
918. 973.01 (2) (b) (intro.) of the statutes is amended to read:
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973.01
(2) (b)
Imprisonment portion of bifurcated sentence. (intro.) The portion
9of the bifurcated sentence that imposes a term of confinement in prison may not be
10less than one year
, subject to any minimum sentence prescribed for the felony, and,
11except as provided in par. (c), may not exceed whichever of the following is applicable:
SB357, s. 919
12Section
919. 973.01 (2) (b) 2. of the statutes is repealed.
SB357, s. 920
13Section
920. 973.01 (2) (b) 3. of the statutes is amended to read:
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973.01
(2) (b) 3. For a Class C felony, the term of confinement in prison may
15not exceed
10 25 years.
SB357, s. 921
16Section
921. 973.01 (2) (b) 4. of the statutes is amended to read:
SB357,268,1817
973.01
(2) (b) 4. For a Class D felony, the term of confinement in prison may
18not exceed
5 15 years.
SB357, s. 922
19Section
922. 973.01 (2) (b) 5. of the statutes is amended to read:
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973.01
(2) (b) 5. For a Class E felony, the term of confinement in prison may
21not exceed
2 10 years.
SB357, s. 923
22Section
923. 973.01 (2) (b) 6. of the statutes is renumbered 973.01 (2) (b) 10.
23and amended to read:
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1973.01
(2) (b) 10. For any
felony crime other than a felony specified in subds.
21. to
5. 9., the term of confinement in prison may not exceed 75% of the total length
3of the bifurcated sentence.
SB357, s. 924
4Section
924. 973.01 (2) (b) 6m. of the statutes is created to read:
SB357,269,65
973.01
(2) (b) 6m. For a Class F felony, the term of confinement in prison may
6not exceed 7 years and 6 months.
SB357, s. 925
7Section
925. 973.01 (2) (b) 7. of the statutes is created to read:
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973.01
(2) (b) 7. For a Class G felony, the term of confinement in prison may
9not exceed 5 years.
SB357, s. 926
10Section
926. 973.01 (2) (b) 8. of the statutes is created to read:
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973.01
(2) (b) 8. For a Class H felony, the term of confinement in prison may
12not exceed 3 years.
SB357, s. 927
13Section
927. 973.01 (2) (b) 9. of the statutes is created to read:
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973.01
(2) (b) 9. For a Class I felony, the term of confinement in prison may not
15exceed one year and 6 months.
SB357, s. 928
16Section
928. 973.01 (2) (c) of the statutes is renumbered 973.01 (2) (c) 1. and
17amended to read:
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973.01
(2) (c) 1.
The Subject to the minimum period of extended supervision
19required under par. (d), the maximum term of confinement in prison specified in par.
20(b) may be increased by any applicable penalty enhancement
statute. If the
21maximum term of confinement in prison specified in par. (b) is increased under this
22paragraph, the total length of the bifurcated sentence that may be imposed is
23increased by the same amount.
SB357, s. 929
24Section
929. 973.01 (2) (c) 2. of the statutes is created to read:
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1973.01
(2) (c) 2. If more than one of the following penalty enhancement statutes
2apply to a crime, the court shall apply them in the order listed in calculating the
3maximum term of imprisonment for that crime:
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a. Sections 939.621, 939.632, 939.645, 961.46 and 961.49.
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b. Section 939.63.
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c. Section 939.62 or 961.48.
SB357, s. 930
7Section
930. 973.01 (2) (d) of the statutes is renumbered 973.01 (2) (d) (intro.)
8and amended to read:
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973.01
(2) (d)
Minimum and maximum term of extended supervision. (intro.)
10The term of extended supervision that follows the term of confinement in prison may
11not be less than 25% of the length of the term of confinement in prison imposed under
12par. (b)
. and, for a classified felony, may not exceed whichever of the following is
13applicable:
SB357, s. 931
14Section
931. 973.01 (2) (d) 1. to 6. of the statutes are created to read:
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973.01
(2) (d) 1. For a Class B felony, the term of extended supervision may not
16exceed 20 years.
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2. For a Class C felony, the term of extended supervision may not exceed 15
18years.
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3. For a Class D felony, the term of extended supervision may not exceed 10
20years.
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4. For a Class E, F or G felony, the term of extended supervision may not exceed
225 years.
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5. For a Class H felony, the term of extended supervision may not exceed 3
24years.
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6. For a Class I felony, the term of extended supervision may not exceed 2 years.
SB357, s. 932
1Section
932. 973.01 (4) of the statutes is amended to read:
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973.01
(4) No good time; extension or reduction of term of imprisonment. A
3person sentenced to a bifurcated sentence under sub. (1) shall serve the term of
4confinement in prison portion of the sentence without reduction for good behavior.
5The term of confinement in prison portion is subject to extension under s. 302.113 (3)
6and, if applicable, to reduction under s. 302.045 (3m)
or 302.113 (9g).
SB357, s. 933
7Section
933. 973.01 (5) of the statutes is amended to read:
SB357,271,108
973.01
(5) Other extended supervision conditions. Whenever the court
9imposes a bifurcated sentence under sub. (1), the court may impose conditions upon
10the term of extended supervision
, including drug treatment under s. 973.031.
SB357, s. 934
11Section
934. 973.01 (7m) of the statutes is created to read:
SB357,271,1812
973.01
(7m) Modification of bifurcated sentence. A court may at any time
13modify a bifurcated sentence that the court previously imposed by reducing the term
14of confinement in prison portion of the sentence and lengthening the term of
15extended supervision imposed so that the total length of the bifurcated sentence
16originally imposed does not change. A proceeding to modify a bifurcated sentence
17under this subsection shall be conducted using the procedure established and the
18factors specified by the director of state courts under s. 758.19 (8).
SB357, s. 935
19Section
935. 973.0135 (1) (b) 2. of the statutes is amended to read:
SB357,271,2520
973.0135
(1) (b) 2. Any felony under
s. 940.09 (1), 1997 stats., s. 943.23 (1m)
21or (1r), 1997 stats., s. 948.35 (1) (b) or (c), 1997 stats., or s. 948.36, 1997 stats., s.
22940.01, 940.02, 940.03, 940.05, 940.09
(1) (1c), 940.16, 940.19 (5), 940.195 (5), 940.21,
23940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g),
24(1m) or (1r), 943.32 (2), 946.43, 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05,
25948.06, 948.07, 948.08
, or 948.30 (2)
, 948.35 (1) (b) or (c) or 948.36.
SB357, s. 936
1Section
936. 973.017 of the statutes is created to read:
SB357,272,7
2973.017 Bifurcated sentences; use of guidelines; consideration of
3aggravating and mitigating factors. (1) Definition. In this section, "sentencing
4decision" means a decision as to whether to impose a bifurcated sentence under s.
5973.01 or to place a person on probation and a decision as to the length of a bifurcated
6sentence, including the length of each component of the bifurcated sentence, the
7amount of a fine and the length of a term of probation.
SB357,272,11
8(2) General requirement. When a court makes a sentencing decision
9concerning a person convicted of a criminal offense committed on or after the
10effective date of this subsection .... [revisor inserts date], the court shall consider all
11of the following:
SB357,272,1612
(a) If the offense is a felony, the sentencing guidelines adopted by the
13sentencing commission under s. 973.30 or, if the sentencing commission has not
14adopted a guideline for the offense, any applicable temporary sentencing guideline
15adopted by the criminal penalties study committee created under
1997 Wisconsin
16Act 283.
SB357,272,1817
(b) Any applicable mitigating factors and any applicable aggravating factors,
18including the aggravating factors specified in subs. (3) to (8).
SB357,272,20
19(3) Aggravating factors; generally. When making a sentencing decision for
20any crime, the court shall consider all of the following as aggravating factors:
SB357,272,2321
(a) The fact that the person committed the crime while his or her usual
22appearance was concealed, disguised or altered, with the intent to make it less likely
23that he or she would be identified with the crime.
SB357,272,2524
(b) The fact that the person committed the crime using information that was
25disclosed to him or her under s. 301.46.
SB357,273,4
1(c) The fact that the person committed the crime for the benefit of, at the
2direction of or in association with any criminal gang, as defined in s. 939.22 (9), with
3the specific intent to promote, further or assist in any criminal conduct by criminal
4gang members, as defined in s. 939.22 (9g).
SB357,273,75
(d)
The fact that the person committed the felony while wearing a vest or other
6garment designed, redesigned or adapted to prevent bullets from penetrating the
7garment.
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(e) 1. Subject to subd. 2., the fact that the person committed the felony with the
9intent to influence the policy of a governmental unit or to punish a governmental unit
10for a prior policy decision, if any of the following circumstances also applies to the
11felony committed by the person:
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a. The person caused bodily harm, great bodily harm or death to another.
SB357,273,1613
b. The person caused damage to the property of another and the total property
14damaged is reduced in value by $25,000 or more. For the purposes of this subd. 1.
15b., property is reduced in value by the amount that it would cost either to repair or
16to replace it, whichever is less.
SB357,273,1717
c. The person used force or violence or the threat of force or violence.
SB357,273,2218
2. a. In this subdivision, "labor dispute" includes any controversy concerning
19terms, tenure or conditions of employment, or concerning the association or
20representation of persons in negotiating, fixing, maintaining, changing or seeking
21to arrange terms or conditions of employment, regardless of whether the disputants
22stand in the proximate relation of employer and employe.
SB357,273,2423
b. Subdivision 1. does not apply to conduct arising out of or in connection with
24a labor dispute.
SB357,274,2
1(4) Aggravating factors; serious sex crimes committed while infected with
2certain diseases. (a) In this subsection:
SB357,274,43
1. "HIV" means any strain of human immunodeficiency virus, which causes
4acquired immunodeficiency syndrome.
SB357,274,65
2. "Serious sex crime" means a violation of s. 940.225 (1) or (2), 948.02 (1) or (2)
6or 948.025.
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3. "Sexually transmitted disease" means syphilis, gonorrhea, hepatitis B,
8hepatitis C or chlamydia.
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4. "Significantly exposed" means sustaining a contact which carries a potential
10for transmission of a sexually transmitted disease or HIV by one or more of the
11following:
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a. Transmission, into a body orifice or onto mucous membrane, of blood; semen;
13vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial or
14amniotic fluid; or other body fluid that is visibly contaminated with blood.
SB357,274,1815
b. Exchange, during the accidental or intentional infliction of a penetrating
16wound, including a needle puncture, of blood; semen; vaginal secretions;
17cerebrospinal, synovial, pleural, peritoneal, pericardial or amniotic fluid; or other
18body fluid that is visibly contaminated with blood.
SB357,274,2219
c. Exchange, into an eye, an open wound, an oozing lesion, or other place where
20a significant breakdown in the epidermal barrier has occurred, of blood; semen;
21vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial or
22amniotic fluid; or other body fluid that is visibly contaminated with blood.
SB357,274,2523
(b) When making a sentencing decision concerning a person convicted of a
24serious sex crime, the court shall consider as an aggravating factor the fact that the
25serious sex crime was committed under all of the following circumstances:
SB357,275,4
11. At the time that he or she committed the serious sex crime, the person
2convicted of committing the serious sex crime had a sexually transmitted disease or
3acquired immunodeficiency syndrome or had had a positive test for the presence of
4HIV, antigen or nonantigenic products of HIV or an antibody to HIV.
SB357,275,95
2. At the time that he or she committed the serious sex crime, the person
6convicted of committing the serious sex crime knew that he or she had a sexually
7transmitted disease or acquired immunodeficiency syndrome or that he or she had
8had a positive test for the presence of HIV, antigen or nonantigenic products of HIV
9or an antibody to HIV.
SB357,275,1210
3. The victim of the serious sex crime was significantly exposed to HIV or to the
11sexually transmitted disease, whichever is applicable, by the acts constituting the
12serious sex crime.
SB357,275,14
13(5) Aggravating factors; violent felony committed against elder person. (a)
14In this subsection:
SB357,275,1515
1. "Elder person" means any individual who is 62 years of age or older.
SB357,275,1716
2. "Violent felony" means any felony under s. 940.19 (2), (4), (5) or (6), 940.225
17(1), (2) or (3), 940.23 or 943.32.
SB357,275,2118
(b) When making a sentencing decision concerning a person convicted of a
19violent felony, the court shall consider as an aggravating factor the fact that the
20victim of the violent felony was an elder person. This paragraph applies even if the
21person mistakenly believed that the victim had not attained the age of 62 years.
SB357,276,3
22(6) Aggravating factors; child sexual assault or child abuse by certain
23persons. (a) In this subsection, "person responsible for the welfare the child"
24includes the child's parent, stepparent, guardian, foster parent or treatment foster
25parent; an employe of a public or private residential home, institution or agency; any
1other person legally responsible for the child's welfare in a residential setting; or a
2person employed by one who is legally responsible for the child's welfare to exercise
3temporary control or care for the child.
SB357,276,74
(b) When making a sentencing decision concerning a person convicted of a
5violation of s. 948.02 (1) or (2), 948.025 (1) or 948.03 (2) or (3), the court shall consider
6as an aggravating factor the fact that the person was a person responsible for the
7welfare of the child who was the victim of the violation.
SB357,276,12
8(7) Aggravating factors; homicide or injury by intoxicated use of a vehicle.
9When making a sentencing decision concerning a person convicted of a violation of
10s. 940.09 (1) or 940.25 (1), the court shall consider as an aggravating factor the fact
11that, at the time of the violation, there was a minor passenger under 16 years of age
12or an unborn child in the person's motor vehicle.
SB357,276,15
13(8) Aggravating factors; controlled substances offenses. (a)
Distribution
14or delivery to prisoners. 1. In this paragraph, "precinct" means a place where any
15activity is conducted by a prison, jail or house of correction.