AB1-ASA1, s. 1104 12Section 1104. 969.08 (10) (a) of the statutes is amended to read:
AB1-ASA1,325,1513 969.08 (10) (a) "Commission of a serious crime" includes a solicitation,
14conspiracy or attempt, under s. 948.35, 1999 stats., or s. 939.30, 939.31, or 939.32 or
15948.35
, to commit a serious crime.
AB1-ASA1, s. 1105 16Section 1105. 969.08 (10) (b) of the statutes is amended to read:
AB1-ASA1,325,2417 969.08 (10) (b) "Serious crime" means any crime specified in s. 943.23 (1m),
181999 stats., or s. 943.23 (1r), 1999 stats., or
s. 346.62 (4), 940.01, 940.02, 940.03,
19940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5), 940.195 (5), 940.20, 940.201,
20940.203, 940.21, 940.225 (1) to (3), 940.23, 940.24, 940.25, 940.29, 940.295 (3) (b) 1g.,
211m., 1r., 2. or 3., 940.31, 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c),
22943.011, 943.013, 943.02, 943.03, 943.04, 943.06, 943.10, 943.23 (1g), (1m) or (1r),
23943.30, 943.32, 946.01, 946.02, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03,
24948.04, 948.05, 948.06, 948.07 or 948.30.
AB1-ASA1, s. 1106
1Section 1106. 971.17 (1) of the statutes is renumbered 971.17 (1) (a) and
2amended to read:
AB1-ASA1,326,133 971.17 (1) (a) Felonies committed before the effective date of this paragraph ....
4[revisor inserts date].
When Except as provided in par. (c), when a defendant is found
5not guilty by reason of mental disease or mental defect of a felony committed before
6the effective date of this paragraph .... [revisor inserts date]
, the court shall commit
7the person to the department of health and family services for a specified period not
8exceeding two-thirds of the maximum term of imprisonment that could be imposed
9under s. 973.15 (2) (a) against an offender convicted of the same crime or crimes
10felony, including imprisonment authorized by ss. 346.65 (2) (f), (2j) (d) or (3m),
11939.62, 939.621, 939.63, 939.635, 939.64, 939.641, 939.645, 940.09 (1b), 940.25 (1b)
12and 961.48 and other
any applicable penalty enhancement statutes, as applicable,
13subject to the credit provisions of s. 973.155.
AB1-ASA1,326,17 14(c) Felonies punishable by life imprisonment. If the maximum term of
15imprisonment is
a defendant is found not guilty by reason of mental disease or
16mental defect of a felony that is punishable by
life imprisonment, the commitment
17period specified by the court may be life, subject to termination under sub. (5).
AB1-ASA1, s. 1107 18Section 1107. 971.17 (1) (b) of the statutes is created to read:
AB1-ASA1,327,219 971.17 (1) (b) Felonies committed on or after the effective date of this paragraph
20.... [revisor inserts date].
Except as provided in par. (c), when a defendant is found
21not guilty by reason of mental disease or mental defect of a felony committed on or
22after the effective date of this paragraph .... [revisor inserts date], the court shall
23commit the person to the department of health and family services for a specified
24period not exceeding the maximum term of confinement in prison that could be
25imposed on an offender convicted of the same felony, plus imprisonment authorized

1by any applicable penalty enhancement statutes, subject to the credit provisions of
2s. 973.155.
AB1-ASA1, s. 1108 3Section 1108. 971.17 (1) (d) of the statutes is created to read:
AB1-ASA1,327,104 971.17 (1) (d) Misdemeanors. When a defendant is found not guilty by reason
5of mental disease or mental defect of a misdemeanor, the court shall commit the
6person to the department of health and family services for a specified period not
7exceeding two-thirds of the maximum term of imprisonment that could be imposed
8against an offender convicted of the same misdemeanor, including imprisonment
9authorized by any applicable penalty enhancement statutes, subject to the credit
10provisions of s. 973.155.
AB1-ASA1, s. 1109 11Section 1109. 971.365 (1) (a) of the statutes is amended to read:
AB1-ASA1,327,1512 971.365 (1) (a) In any case under s. 961.41 (1) (em), 1999 stats., or s. 961.41 (1)
13(cm), (d), (e), (em), (f), (g) or (h) involving more than one violation, all violations may
14be prosecuted as a single crime if the violations were pursuant to a single intent and
15design.
AB1-ASA1, s. 1110 16Section 1110. 971.365 (1) (b) of the statutes is amended to read:
AB1-ASA1,327,2017 971.365 (1) (b) In any case under s. 961.41 (1m) (em), 1999 stats., or s. 961.41
18(1m) (cm), (d), (e), (em), (f), (g) or (h) involving more than one violation, all violations
19may be prosecuted as a single crime if the violations were pursuant to a single intent
20and design.
AB1-ASA1, s. 1111 21Section 1111. 971.365 (1) (c) of the statutes is amended to read:
AB1-ASA1,327,2522 971.365 (1) (c) In any case under s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41
23(3g) (dm), 1999 stats., or
s. 961.41 (3g) (a) 2. (am), (c), (d), (dm) or (e) involving more
24than one violation, all violations may be prosecuted as a single crime if the violations
25were pursuant to a single intent and design.
AB1-ASA1, s. 1112
1Section 1112. 971.365 (2) of the statutes is amended to read:
AB1-ASA1,328,72 971.365 (2) An acquittal or conviction under sub. (1) does not bar a subsequent
3prosecution for any acts in violation of s. 961.41 (1) (em), 1999 stats., s. 961.41 (1m)
4(em), 1999 stats., s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats.,
5or
s. 961.41 (1) (cm), (d), (e), (em), (f), (g) , or (h), (1m) (cm), (d), (e), (em), (f), (g) , or (h)
6or (3g) (a) 2. (am), (c), (d), (dm) or (e) on which no evidence was received at the trial
7on the original charge.
AB1-ASA1, s. 1113 8Section 1113. 972.15 (2c) of the statutes is amended to read:
AB1-ASA1,328,139 972.15 (2c) If the defendant is subject to being sentenced under s. 973.01 and
10he or she satisfies the criteria under s. 302.045 (2) (b) and (c), the person preparing
11the presentence investigation report shall include in the report a recommendation
12as to whether the defendant should be eligible for the challenge incarceration
13program under s. 302.045.
AB1-ASA1, s. 1114 14Section 1114. 973.01 (1) of the statutes is amended to read:
AB1-ASA1,328,2015 973.01 (1) Bifurcated sentence required. Except as provided in sub. (3),
16whenever a court sentences a person to imprisonment in the Wisconsin state prisons
17for a felony committed on or after December 31, 1999, or a misdemeanor committed
18on or after the effective date of this subsection .... [revisor inserts date],
the court
19shall impose a bifurcated sentence that consists of a term of confinement in prison
20followed by a term of extended supervision
under s. 302.113 this section.
AB1-ASA1, s. 1115 21Section 1115. 973.01 (2) (intro.) of the statutes is amended to read:
AB1-ASA1,329,322 973.01 (2) Structure of bifurcated sentences. (intro.) The court shall ensure
23that a
A bifurcated sentence is a sentence that consists of a term of confinement in
24prison followed by a term of extended supervision under s. 302.113. The total length
25of a bifurcated sentence equals the length of the term of confinement in prison plus

1the length of the term of extended supervision. An order imposing a
bifurcated
2sentence imposed under sub. (1) complies this section shall comply with all of the
3following:
AB1-ASA1, s. 1116 4Section 1116. 973.01 (2) (a) of the statutes is amended to read:
AB1-ASA1,329,105 973.01 (2) (a) Total length of bifurcated sentence. Except as provided in par. (c),
6the total length of the bifurcated sentence may not exceed the maximum period of
7imprisonment for the specified in s. 939.50 (3), if the crime is a classified felony, or
8the maximum term of imprisonment provided by statute for the crime, if the crime
9is not a classified felony, plus additional imprisonment authorized by any applicable
10penalty enhancement statutes
.
AB1-ASA1, s. 1117 11Section 1117. 973.01 (2) (b) (intro.) of the statutes is amended to read:
AB1-ASA1,329,1612 973.01 (2) (b) Imprisonment Confinement portion of bifurcated sentence.
13(intro.) The portion of the bifurcated sentence that imposes a term of confinement
14in prison may not be less than one year, subject to any minimum sentence prescribed
15for the felony,
and, except as provided in par. (c), may not exceed is subject to
16whichever of the following limits is applicable:
AB1-ASA1, s. 1118 17Section 1118. 973.01 (2) (b) 2. of the statutes is repealed.
AB1-ASA1, s. 1119 18Section 1119. 973.01 (2) (b) 3. of the statutes is amended to read:
AB1-ASA1,329,2019 973.01 (2) (b) 3. For a Class C felony, the term of confinement in prison may
20not exceed 10 25 years.
AB1-ASA1, s. 1120 21Section 1120. 973.01 (2) (b) 4. of the statutes is amended to read:
AB1-ASA1,329,2322 973.01 (2) (b) 4. For a Class D felony, the term of confinement in prison may
23not exceed 5 15 years.
AB1-ASA1, s. 1121 24Section 1121. 973.01 (2) (b) 5. of the statutes is amended to read:
AB1-ASA1,330,2
1973.01 (2) (b) 5. For a Class E felony, the term of confinement in prison may
2not exceed 2 10 years.
AB1-ASA1, s. 1122 3Section 1122. 973.01 (2) (b) 6. of the statutes is renumbered 973.01 (2) (b) 10.
4(intro.) and amended to read:
AB1-ASA1,330,75 973.01 (2) (b) 10. (intro.) For any felony crime other than a felony specified in
6subds. 1. to 5.
one of the following, the term of confinement in prison may not exceed
775% of the total length of the bifurcated sentence.:
AB1-ASA1, s. 1123 8Section 1123. 973.01 (2) (b) 6m. of the statutes is created to read:
AB1-ASA1,330,109 973.01 (2) (b) 6m. For a Class F felony, the term of confinement in prison may
10not exceed 7 years and 6 months.
AB1-ASA1, s. 1124 11Section 1124. 973.01 (2) (b) 7. of the statutes is created to read:
AB1-ASA1,330,1312 973.01 (2) (b) 7. For a Class G felony, the term of confinement in prison may
13not exceed 5 years.
AB1-ASA1, s. 1125 14Section 1125. 973.01 (2) (b) 8. of the statutes is created to read:
AB1-ASA1,330,1615 973.01 (2) (b) 8. For a Class H felony, the term of confinement in prison may
16not exceed 3 years.
AB1-ASA1, s. 1126 17Section 1126. 973.01 (2) (b) 9. of the statutes is created to read:
AB1-ASA1,330,1918 973.01 (2) (b) 9. For a Class I felony, the term of confinement in prison may not
19exceed one year and 6 months.
AB1-ASA1, s. 1127 20Section 1127. 973.01 (2) (b) 10. a. and b. of the statutes are created to read:
AB1-ASA1,330,2121 973.01 (2) (b) 10. a. A felony specified in subds. 1. to 9.
AB1-ASA1,330,2322 b. An attempt to commit a classified felony if the attempt is punishable under
23s. 939.32 (1) (intro.).
AB1-ASA1, s. 1128 24Section 1128. 973.01 (2) (c) of the statutes is renumbered 973.01 (2) (c) 1. and
25amended to read:
AB1-ASA1,331,6
1973.01 (2) (c) 1. The Subject to the minimum period of extended supervision
2required under par. (d), the
maximum term of confinement in prison specified in par.
3(b) may be increased by any applicable penalty enhancement statute. If the
4maximum term of confinement in prison specified in par. (b) is increased under this
5paragraph, the total length of the bifurcated sentence that may be imposed is
6increased by the same amount.
AB1-ASA1, s. 1129 7Section 1129. 973.01 (2) (c) 2. of the statutes is created to read:
AB1-ASA1,331,108 973.01 (2) (c) 2. If more than one of the following penalty enhancement statutes
9apply to a crime, the court shall apply them in the order listed in calculating the
10maximum term of imprisonment for that crime:
AB1-ASA1,331,1111 a. Sections 939.621, 939.632, 939.645, 961.46, and 961.49.
AB1-ASA1,331,1212 b. Section 939.63.
AB1-ASA1,331,1313 c. Section 939.62 (1) or 961.48.
AB1-ASA1, s. 1130 14Section 1130. 973.01 (2) (d) of the statutes is renumbered 973.01 (2) (d) (intro.)
15and amended to read:
AB1-ASA1,331,2016 973.01 (2) (d) Minimum and maximum term of extended supervision. (intro.)
17The term of extended supervision that follows the term of confinement in prison may
18not be less than 25% of the length of the term of confinement in prison imposed under
19par. (b). and, for a classified felony, is subject to whichever of the following limits is
20applicable:
AB1-ASA1, s. 1131 21Section 1131. 973.01 (2) (d) 1. to 6. of the statutes are created to read:
AB1-ASA1,331,2322 973.01 (2) (d) 1. For a Class B felony, the term of extended supervision may not
23exceed 20 years.
AB1-ASA1,331,2524 2. For a Class C felony, the term of extended supervision may not exceed 15
25years.
AB1-ASA1,332,2
13. For a Class D felony, the term of extended supervision may not exceed 10
2years.
AB1-ASA1,332,43 4. For a Class E, F, or G felony, the term of extended supervision may not exceed
45 years.
AB1-ASA1,332,65 5. For a Class H felony, the term of extended supervision may not exceed 3
6years.
AB1-ASA1,332,77 6. For a Class I felony, the term of extended supervision may not exceed 2 years.
AB1-ASA1, s. 1132 8Section 1132. 973.01 (4) of the statutes is amended to read:
AB1-ASA1,332,139 973.01 (4) No good time; extension or reduction of term of imprisonment. A
10person sentenced to a bifurcated sentence under sub. (1) shall serve the term of
11confinement in prison portion of the sentence without reduction for good behavior.
12The term of confinement in prison portion is subject to extension under s. 302.113 (3)
13and, if applicable, to reduction under s. 302.045 (3m), or 302.113 (9g).
AB1-ASA1, s. 1133 14Section 1133. 973.01 (6) of the statutes is amended to read:
AB1-ASA1,332,1615 973.01 (6) No parole. A person serving a bifurcated sentence imposed under
16sub. (1) is not eligible for release on parole under that sentence.
AB1-ASA1, s. 1134 17Section 1134. 973.0135 (1) (b) 2. of the statutes is amended to read:
AB1-ASA1,332,2318 973.0135 (1) (b) 2. Any felony under s. 940.09 (1), 1999 stats., s. 943.23 (1m)
19or (1r), 1999 stats., s. 948.35 (1) (b) or (c), 1999 stats., or s. 948.36, 1999 stats.,
s.
20940.01, 940.02, 940.03, 940.05, 940.09 (1) (1c), 940.16, 940.19 (5), 940.195 (5), 940.21,
21940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g),
22(1m) or (1r), 943.32 (2), 946.43 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c),
23948.05, 948.06, 948.07, 948.08, or 948.30 (2), 948.35 (1) (b) or (c) or 948.36.
AB1-ASA1, s. 1135 24Section 1135. 973.017 of the statutes is created to read:
AB1-ASA1,333,6
1973.017 Bifurcated sentences; use of guidelines; consideration of
2aggravating and mitigating factors.
(1) Definition. In this section, "sentencing
3decision" means a decision as to whether to impose a bifurcated sentence under s.
4973.01 or place a person on probation and a decision as to the length of a bifurcated
5sentence, including the length of each component of the bifurcated sentence, the
6amount of a fine, and the length of a term of probation.
AB1-ASA1,333,10 7(2) General requirement. When a court makes a sentencing decision
8concerning a person convicted of a criminal offense committed on or after the
9effective date of this subsection .... [revisor inserts date], the court shall consider all
10of the following:
AB1-ASA1,333,1511 (a) If the offense is a felony, the sentencing guidelines adopted by the
12sentencing commission under s. 973.30 or, if the sentencing commission has not
13adopted a guideline for the offense, any applicable temporary sentencing guideline
14adopted by the criminal penalties study committee created under 1997 Wisconsin
15Act 283
.
AB1-ASA1,333,1616 (ad) The protection of the public.
AB1-ASA1,333,1717 (ag) The gravity of the offense.
AB1-ASA1,333,1818 (ak) The rehabilitative needs of the defendant.
AB1-ASA1,333,2019 (b) Any applicable mitigating factors and any applicable aggravating factors,
20including the aggravating factors specified in subs. (3) to (8).
AB1-ASA1,333,22 21(3) Aggravating factors; generally. When making a sentencing decision for
22any crime, the court shall consider all of the following as aggravating factors:
AB1-ASA1,333,2523 (a) The fact that the person committed the crime while his or her usual
24appearance was concealed, disguised, or altered, with the intent to make it less likely
25that he or she would be identified with the crime.
AB1-ASA1,334,2
1(b) The fact that the person committed the crime using information that was
2disclosed to him or her under s. 301.46.
AB1-ASA1,334,63 (c) The fact that the person committed the crime for the benefit of, at the
4direction of, or in association with any criminal gang, as defined in s. 939.22 (9), with
5the specific intent to promote, further, or assist in any criminal conduct by criminal
6gang members, as defined in s. 939.22 (9g).
AB1-ASA1,334,97 (d) The fact that the person committed the felony while wearing a vest or other
8garment designed, redesigned, or adapted to prevent bullets from penetrating the
9garment.
AB1-ASA1,334,1310 (e) 1. Subject to subd. 2., the fact that the person committed the felony with the
11intent to influence the policy of a governmental unit or to punish a governmental unit
12for a prior policy decision, if any of the following circumstances also applies to the
13felony committed by the person:
AB1-ASA1,334,1414 a. The person caused bodily harm, great bodily harm, or death to another.
AB1-ASA1,334,1815 b. The person caused damage to the property of another and the total property
16damaged is reduced in value by $25,000 or more. For the purposes of this subd. 1.
17b., property is reduced in value by the amount that it would cost either to repair or
18to replace it, whichever is less.
AB1-ASA1,334,1919 c. The person used force or violence or the threat of force or violence.
AB1-ASA1,334,2420 2. a. In this subdivision, "labor dispute" includes any controversy concerning
21terms, tenure, or conditions of employment or concerning the association or
22representation of persons in negotiating, fixing, maintaining, changing, or seeking
23to arrange terms or conditions of employment, regardless of whether the disputants
24stand in the proximate relation of employer and employee.
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