938.78 (2) (a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual in its care or legal custody, except as provided under sub. (3) or s. 938.371, 938.38 (5) (b) or (d) or (5m) (d), or 938.51 or by order of the court.
109,534
Section 534. 938.78 (3) of the statutes is amended to read:
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), 1999 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.
109,535
Section 535. 939.22 (21) (d) of the statutes is amended to read:
939.22 (21) (d) Battery, substantial battery or aggravated battery, as prohibited in s. 940.19 or 940.195.
109,535m
Section 535m. 939.24 (2) of the statutes is amended to read:
939.24 (2) Except as provided in ss. 940.285, 940.29 and, 940.295, and 943.76, if criminal recklessness is an element of a crime in chs. 939 to 951, the recklessness is indicated by the term "reckless" or "recklessly".
109,536
Section 536. 939.30 (1) of the statutes is amended to read:
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.
109,537
Section 537. 939.30 (2) of the statutes is amended to read:
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.
109,538
Section 538. 939.32 (1) (intro.) of the statutes is amended to read:
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:
109,539
Section 539. 939.32 (1) (b) of the statutes is repealed.
109,540
Section 540. 939.32 (1) (bm) of the statutes is created to read:
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.
109,541
Section 541. 939.32 (1g) of the statutes is created to read:
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:
(a) The maximum fine is one-half of the maximum fine for the completed crime.
(b) 1. If neither s. 939.62 (1) nor 961.48 is 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.
2. If either s. 939.62 (1) or 961.48 is being applied, the maximum term of imprisonment is determined by the following method:
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.
b. Applying s. 939.62 (1) or 961.48 to the product obtained under subd. 2. a.
109,542
Section 542. 939.32 (1m) of the statutes is created to read:
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:
(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 neither s. 939.62 (1) nor 961.48 is 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.
2. Subject to the minimum term of extended supervision required under s. 973.01 (2) (d), if the crime is a classified felony and either s. 939.62 (1) or 961.48 is being applied, the court shall determine the maximum term of confinement in prison by the following method:
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.
b. Applying s. 939.62 (1) or 961.48 to the product obtained under subd. 2. a.
(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).
(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).
109,543
Section 543. 939.32 (2) (title) of the statutes is created to read:
939.32 (2) (title) Misdemeanor computer crimes.
109,544
Section 544. 939.32 (3) (title) of the statutes is created to read:
939.32 (3) (title) Requirements.
109,545
Section 545. 939.50 (1) (intro.) of the statutes is amended to read:
939.50 (1) (intro.) Except as provided in ss. 946.43 (2m) (a), 946.83 and 946.85, felonies Felonies in chs. 939 to 951 the statutes are classified as follows:
109,546
Section 546. 939.50 (1) (bc) of the statutes is repealed.
109,547
Section 547. 939.50 (1) (f) of the statutes is created to read:
939.50 (1) (f) Class F felony.
109,548
Section 548. 939.50 (1) (g) of the statutes is created to read:
939.50 (1) (g) Class G felony.
109,549
Section 549. 939.50 (1) (h) of the statutes is created to read:
939.50 (1) (h) Class H felony.
109,550
Section 550. 939.50 (1) (i) of the statutes is created to read:
939.50 (1) (i) Class I felony.
109,551
Section 551. 939.50 (2) of the statutes is amended to read:
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.
109,552
Section 552. 939.50 (3) (bc) of the statutes is repealed.
109,553
Section 553. 939.50 (3) (c) of the statutes is amended to read:
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.
109,554
Section 554. 939.50 (3) (d) of the statutes is amended to read:
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.
109,555
Section 555. 939.50 (3) (e) of the statutes is amended to read:
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.
109,556
Section 556. 939.50 (3) (f) of the statutes is created to read:
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.
109,557
Section 557. 939.50 (3) (g) of the statutes is created to read:
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.
109,558
Section 558. 939.50 (3) (h) of the statutes is created to read:
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.
109,559
Section 559. 939.50 (3) (i) of the statutes is created to read:
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.
109,559v
Section 559v. 939.615 (1) (b) 1. of the statutes is amended to read:
939.615 (1) (b) 1. A violation, or the solicitation, conspiracy, or attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2), or (3), 948.02 (1) or (2), 948.025 (1), 948.05 (1) or (1m), 948.055 (1), 948.06, 948.07, 948.075, 948.08, 948.11 (2) (a), 948.12, or 948.13.
109,560
Section 560. 939.615 (7) (b) 2. of the statutes is amended to read:
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.
109,561
Section 561. 939.615 (7) (c) of the statutes is repealed.
109,562
Section 562. 939.62 (1) (a) of the statutes is amended to read:
939.62 (1) (a) A maximum term of imprisonment of one year or less may be increased to not more than 3
2 years.
109,563
Section 563. 939.62 (1) (b) of the statutes is amended to read:
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.
109,564
Section 564. 939.62 (1) (c) of the statutes is amended to read:
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.
109,565
Section 565. 939.62 (2m) (a) 2m. a. of the statutes is amended to read:
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 the effective date of this subd. 2m. a. .... [revisor inserts date], that is or was punishable by a maximum prison term of 30 years or more.
109,566d
Section 566d. 939.62 (2m) (a) 2m. b. of the statutes is amended to read:
939.62 (2m) (a) 2m. b. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09 (1), 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 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.075, 948.08, 948.30 (2), 948.35 (1) (b) or (c)
, or 948.36.
109,566f
Section 566f. 939.62 (2m) (a) 2m. b. of the statutes, as affected by 2001 Wisconsin .... (this act), is amended to read:
939.62 (2m) (a) 2m. b. Any felony under s. 940.09 (1), 1999 stats., s. 943.23 (1m) or (1r), 1999 stats., s. 948.35 (1) (b) or (c), 1999 stats., or s. 948.36, 1999 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 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.075, 948.08, or 948.30 (2), 948.35 (1) (b) or (c), or 948.36.
109,567
Section 567. 939.622 of the statutes is repealed.
109,568
Section 568. 939.623 (2) of the statutes is amended to read:
939.623 (2) If a person has one or more prior convictions for a serious sex crime and subsequently commits a serious sex crime, the court shall impose a bifurcated sentence the person to under s. 973.01. The term of confinement in prison portion of a bifurcated sentence imposed under this subsection may not be less than 5 years' imprisonment 3 years and 6 months, but otherwise the penalties for the crime apply, subject to any applicable penalty enhancement. The court shall may not place the defendant on probation.
109,569
Section 569. 939.624 (2) of the statutes is amended to read:
939.624 (2) If a person has one or more prior convictions for a serious violent crime or a crime punishable by life imprisonment and subsequently commits a serious violent crime, the court shall impose a bifurcated sentence the person to under s. 973.01. The term of confinement in prison portion of a bifurcated sentence imposed under this subsection may not be less than 5 years' imprisonment 3 years and 6 months, but otherwise the penalties for the crime apply, subject to any applicable penalty enhancement. The court shall may not place the defendant on probation.
109,570
Section 570. 939.625 of the statutes is repealed.
109,571
Section 571. 939.63 (1) of the statutes is renumbered 939.63, and 939.63 (1) (d), (2) and (3), as renumbered, are amended to read:
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.
(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.