Amendment ASA1-AB3

AB3-ASA1,79,13 562.13 (4) Whoever violates s. 562.09, 562.105, 562.11 (4) or 562.12 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.

AB3-ASA1, s. 238 Section 238. 565.50 (2) of the statutes is amended to read:

AB3-ASA1,79,18 565.50 (2) Any person who alters or forges a lottery ticket or share or intentionally utters or transfers an altered or forged lottery ticket or share shall 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 I felony.

AB3-ASA1, s. 239 Section 239. 565.50 (3) of the statutes is amended to read:

AB3-ASA1,79,22 565.50 (3) Any person who possesses an altered or forged lottery ticket or share with intent to defraud shall be fined not more than $10,000 or imprisoned for not more than 3 years 9 months or both.

AB3-ASA1, s. 240 Section 240. 601.64 (4) of the statutes is amended to read:

AB3-ASA1,80,6 601.64 (4) Criminal penalty. Whoever intentionally violates or intentionally permits any person over whom he or she has authority to violate or intentionally aids any person in violating any insurance statute or rule of this state, s. 149.13 or 149.144 or any effective order issued under s. 601.41 (4) may is guilty of a Class I felony, unless a specific penalty is provided elsewhere in the statutes, be fined not more than $10,000 if a corporation or if a natural person be fined not more than $5,000 or imprisoned for not more than 4 years and 6 months or both. Intent has the meaning expressed under s. 939.23.

AB3-ASA1, s. 241 Section 241. 641.19 (4) (a) of the statutes is amended to read:

AB3-ASA1,80,14 641.19 (4) (a) Any person who wilfully violates or fails to comply with any provision of this chapter or the rules promulgated thereunder or who, knowingly, makes a false statement, a false representation of a material fact, or who fails to disclose a material fact in any registration, examination, statement or report required under this chapter or the rules promulgated thereunder, may be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

AB3-ASA1, s. 242 Section 242. 641.19 (4) (b) of the statutes is amended to read:

AB3-ASA1,80,21 641.19 (4) (b) Any person who embezzles, steals, or unlawfully and wilfully abstracts or converts to his or her own use or to the use of another, any of the moneys, funds, securities, premiums, credits, property, or other assets of any employee welfare fund, or of any fund connected therewith, shall 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.

AB3-ASA1, s. 243 Section 243. 753.061 (2m) of the statutes is amended to read:

AB3-ASA1,81,4 753.061 (2m) The chief judge of the 1st judicial administrative district is authorized to designate 4 circuit court branches to primarily handle violent crime cases that involve a violation of s. 939.63, if a felony is committed while armed, and of ss. 940.01 to 940.03, 940.05, 940.06, 940.225, 943.23 (1g), (1m) and (1r) and 943.32 (2). If the circuit court branches are designated under this subsection, 2 shall begin to primarily handle violent crime cases on September 1, 1991, and 2 shall begin to primarily handle violent crime cases on August 1, 1992.

AB3-ASA1, s. 244 Section 244. 758.19 (8) of the statutes is created to read:

AB3-ASA1,81,17 758.19 (8) By the effective date of this subsection .... [revisor inserts date], the director of state courts shall promulgate rules that establish a procedure by which a sentencing court may modify a bifurcated sentence under s. 973.01 (7m) and that specify the factors that a court may consider when deciding whether to modify a bifurcated sentence. The rules shall provide that a court may modify a bifurcated sentence under s. 973.01 (7m) on its own motion, on a motion of the department of corrections, or on a motion of the person serving the sentence. The rules shall also provide that a court and the department of corrections may make a motion to modify a bifurcated sentence at any time and that a person serving a bifurcated sentence may make a motion to modify the bifurcated sentence that he or she is serving if at least 12 months have elapsed since the bifurcated sentence was imposed or since the most recent motion to modify the person's bifurcated sentence was made.

AB3-ASA1, s. 245 Section 245. 765.30 (1) (intro.) of the statutes is amended to read:

AB3-ASA1,81,20 765.30 (1) (intro.) The following shall may be fined not less than $200 nor more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both:

AB3-ASA1, s. 246 Section 246. 765.30 (2) (intro.) of the statutes is amended to read:

AB3-ASA1,81,23 765.30 (2) (intro.) The following shall may be fined not less than $100 nor more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both:

AB3-ASA1, s. 247 Section 247. 767.242 (8) of the statutes is amended to read:

AB3-ASA1,82,3 767.242 (8) Penalty. Whoever intentionally violates an injunction issued under sub. (5) (b) 2. c. may be fined not more than $10,000 or imprisoned for not more than 2 years or both is guilty of a Class I felony.

AB3-ASA1, s. 248 Section 248. 768.07 of the statutes is amended to read:

AB3-ASA1,82,7 768.07 Penalty. Any person who violates any provision of this chapter may be fined not less than $100 nor more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both.

AB3-ASA1, s. 249 Section 249. 783.07 of the statutes is amended to read:

AB3-ASA1,82,16 783.07 Fine or imprisonment. Whenever a peremptory mandamus shall be is directed to any public officer, body, board or person, commanding the performance of any duty specially enjoined by law, if it shall appear to the court that such and the officer or person or any member of such the body or board has, without just excuse, refused or neglected to perform the duty so enjoined the court may impose a fine, not exceeding $5,000, upon every such, the officer, person or member of such the body or board, or sentence the officer, person or member to imprisonment for not more than 7 years and 6 months is guilty of a Class H felony.

AB3-ASA1, s. 250 Section 250. 801.50 (5) of the statutes is amended to read:

AB3-ASA1,82,23 801.50 (5) Venue of an action for certiorari to review a probation, extended supervision or parole revocation, a denial by a program review committee under s. 302.113 (9g) of a petition for modification of a bifurcated sentence, or a refusal of parole by certiorari shall be the county in which the relator was last convicted of an offense for which the relator was on probation, extended supervision or parole or for which the relator is currently incarcerated.

AB3-ASA1, s. 251 Section 251. 801.50 (5c) of the statutes is created to read:

AB3-ASA1,83,5 801.50 (5c) Venue of an action for certiorari brought by the department of corrections under s. 302.113 (9) (d) or 302.114 (9) (d) to review a decision to not revoke extended supervision shall be in the county in which the person on extended supervision was convicted of the offense for which he or she is on extended supervision.

AB3-ASA1, s. 252 Section 252. 908.08 (1) of the statutes is amended to read:

AB3-ASA1,83,11 908.08 (1) In any criminal trial or hearing, juvenile fact-finding hearing under s. 48.31 or 938.31 or revocation hearing under s. 302.113 (9) (am), 302.114 (9) (am), 304.06 (3), or 973.10 (2), the court or hearing examiner may admit into evidence the videotaped oral statement of a child who is available to testify, as provided in this section.

AB3-ASA1, s. 253 Section 253. 911.01 (4) (c) of the statutes is amended to read:

AB3-ASA1,83,18 911.01 (4) (c) Miscellaneous proceedings. Proceedings for extradition or rendition; sentencing, or granting or revoking probation, modification of a bifurcated sentence under s. 302.113 (9g), issuance of arrest warrants, criminal summonses and search warrants; proceedings under s. 971.14 (1) (c); proceedings with respect to pretrial release under ch. 969 except where habeas corpus is utilized with respect to release on bail or as otherwise provided in ch. 969.

AB3-ASA1, s. 254 Section 254. 938.208 (1) (a) of the statutes is amended to read:

AB3-ASA1,83,24 938.208 (1) (a) Probable cause exists to believe that the juvenile has committed a delinquent act that would be a felony under s. 940.01, 940.02, 940.03, 940.05, 940.19 (2) to (6), 940.21, 940.225 (1), 940.31, 941.20 (3), 943.02 (1), 943.23 (1g), (1m) or (1r), 943.32 (2), 947.013 (1t), (1v) or (1x), 948.02 (1) or (2), 948.025 or 948.03 if committed by an adult.

AB3-ASA1, s. 255 Section 255. 938.34 (4h) (a) of the statutes is amended to read:

AB3-ASA1,84,7 938.34 (4h) (a) The juvenile is 14 years of age or over and has been adjudicated delinquent for committing a violation of s. 939.31, 939.32 (1) (a), 940.03, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, (1), or 948.30 (2), 948.35 (1) (b) or 948.36 or the juvenile is 10 years of age or over and has been adjudicated delinquent for attempting or committing a violation of s. 940.01 or for committing a violation of 940.02 or 940.05.

AB3-ASA1, s. 256 Section 256. 938.34 (4m) (b) 1. of the statutes is amended to read:

AB3-ASA1,84,12 938.34 (4m) (b) 1. The juvenile has committed a delinquent act that would be a felony under s. 940.01, 940.02, 940.03, 940.05, 940.19 (2) to (6), 940.21, 940.225 (1), 940.31, 941.20 (3), 943.02 (1), 943.23 (1g), (1m) or (1r), 943.32 (2), 947.013 (1t), (1v) or (1x), 948.02 (1) or (2), 948.025 or 948.03 if committed by an adult.

AB3-ASA1, s. 257 Section 257. 938.355 (2d) (b) 3. of the statutes is amended to read:

AB3-ASA1,84,21 938.355 (2d) (b) 3. That the parent has committed a violation of s. 940.19 (3), 1999 stats., or s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) if committed in this state, and that the violation resulted in great bodily harm, as defined in s. 939.22 (14), or in substantial bodily harm, as defined in s. 939.22 (38), to the juvenile or another child of the parent.

AB3-ASA1, s. 258 Section 258. 938.355 (4) (b) of the statutes is amended to read:

AB3-ASA1,85,6 938.355 (4) (b) An order under s. 938.34 (4d), (4h) or (4m) for which a juvenile has been adjudicated delinquent is subject to par. (a), except that the judge may make an order under s. 938.34 (4d) or (4m) apply for up to 2 years or until the juvenile's 18th birthdate, whichever is earlier and the judge shall make an order under s. 938.34 (4h) apply for 5 years, if the juvenile is adjudicated delinquent for committing a violation of s. 943.10 (2) or for committing an act that would be punishable as a Class B or C felony if committed by an adult, or until the juvenile reaches 25 years of age, if the juvenile is adjudicated delinquent for committing an act that would be punishable as a Class A felony if committed by an adult.

AB3-ASA1, s. 259 Section 259. 938.78 (3) of the statutes is amended to read:

AB3-ASA1,86,2 938.78 (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.

AB3-ASA1, s. 260 Section 260. 939.22 (21) (d) of the statutes is amended to read:

AB3-ASA1,86,5 939.22 (21) (d) Battery, substantial battery or aggravated battery, as prohibited in s. 940.19 or 940.195.

AB3-ASA1, s. 261 Section 261. 939.30 (1) of the statutes is amended to read:

AB3-ASA1,86,10 939.30 (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.

AB3-ASA1, s. 262 Section 262. 939.30 (2) of the statutes is amended to read:

AB3-ASA1,86,14 939.30 (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.

AB3-ASA1, s. 263 Section 263. 939.32 (1) (intro.) of the statutes is amended to read:

AB3-ASA1,86,19 939.32 (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:

AB3-ASA1, s. 264 Section 264. 939.32 (1) (b) of the statutes is repealed.

AB3-ASA1, s. 265 Section 265. 939.32 (1) (bm) of the statutes is created to read:

AB3-ASA1,86,24 939.32 (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.

AB3-ASA1, s. 266 Section 266. 939.32 (1g) of the statutes is created to read:

AB3-ASA1,87,2 939.32 (1g) Maximum penalty. The maximum penalty for an attempt to commit a crime that is punishable under sub. (1) (intro.) is as follows:

AB3-ASA1,87,3 (a) The maximum fine is one-half of the maximum fine for the completed crime.

AB3-ASA1,87,7 (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.

AB3-ASA1,87,9 2. If either s. 939.62 (1) or 961.48 is being applied, the maximum term of imprisonment is determined by the following method:

AB3-ASA1,87,12 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.

AB3-ASA1,87,13 b. Applying s. 939.62 (1) or 961.48 to the product obtained under subd. 2. a.

AB3-ASA1, s. 267 Section 267. 939.32 (1m) of the statutes is created to read:

AB3-ASA1,87,17 939.32 (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:

AB3-ASA1,87,24 (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.

AB3-ASA1,88,4 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:

AB3-ASA1,88,7 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.

AB3-ASA1,88,8 b. Applying s. 939.62 (1) or 961.48 to the product obtained under subd. 2. a.

AB3-ASA1,88,12 (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).

AB3-ASA1,88,17 (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).

AB3-ASA1, s. 268 Section 268. 939.32 (2) (title) of the statutes is created to read:

AB3-ASA1,88,19 939.32 (2) (title) Misdemeanor computer crimes.

AB3-ASA1, s. 269 Section 269. 939.32 (3) (title) of the statutes is created to read:

AB3-ASA1,88,21 939.32 (3) (title) Requirements.

AB3-ASA1, s. 270 Section 270. 939.50 (1) (intro.) of the statutes is amended to read:

AB3-ASA1,88,24 939.50 (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:

AB3-ASA1, s. 271 Section 271. 939.50 (1) (bc) of the statutes is repealed.

AB3-ASA1, s. 272 Section 272. 939.50 (1) (f) of the statutes is created to read:

AB3-ASA1,89,2 939.50 (1) (f) Class F felony.

AB3-ASA1, s. 273 Section 273. 939.50 (1) (g) of the statutes is created to read:

AB3-ASA1,89,4 939.50 (1) (g) Class G felony.

AB3-ASA1, s. 274 Section 274. 939.50 (1) (h) of the statutes is created to read:

AB3-ASA1,89,6 939.50 (1) (h) Class H felony.

AB3-ASA1, s. 275 Section 275. 939.50 (1) (i) of the statutes is created to read:

AB3-ASA1,89,8 939.50 (1) (i) Class I felony.

AB3-ASA1, s. 276 Section 276. 939.50 (2) of the statutes is amended to read:

AB3-ASA1,89,11 939.50 (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.

AB3-ASA1, s. 277 Section 277. 939.50 (3) (bc) of the statutes is repealed.