Amendment JR2 CA1-ASA1-AB1

AB1-ASA1-CA1,395,20 456. Page 287, line 17: after that line insert:

AB1-ASA1-CA1,395,21 " Section 904m. 948.075 of the statutes is created to read:

AB1-ASA1-CA1,396,2 948.075 Use of a computer to facilitate a child sex crime. (1) Whoever uses a computerized communication system to communicate with an individual who the actor believes or has reason to believe has not attained the age of 16 years with intent have sexual contact or sexual intercourse with the individual in violation of s. 948.02 (1) or (2) is guilty of a Class BC felony.

AB1-ASA1-CA1,396,5 (2) This section does not apply if, at the time of the communication, the actor reasonably believed that the age of the person to whom the communication was sent was no more than 24 months less than the age of the actor.

AB1-ASA1-CA1,396,8 (3) Proof that the actor did an act, other than use a computerized communication system to communicate with the individual, to effect the actor's intent under sub. (1) shall be necessary to prove that intent.

AB1-ASA1-CA1, s. 904n Section 904n. 948.075 (1) of the statutes, as created by 2001 Wisconsin Act .... (this act), is amended to read:

AB1-ASA1-CA1,396,15 948.075 (1) Whoever uses a computerized communication system to communicate with an individual who the actor believes or has reason to believe has not attained the age of 16 years with intent have sexual contact or sexual intercourse with the individual in violation of s. 948.02 (1) or (2) is guilty of a Class BC Class D felony.".

AB1-ASA1-CA1,396,16 457. Page 288, line 23: after that line insert:

AB1-ASA1-CA1,396,17 " Section 910v. 948.13 (1) (a) of the statutes is amended to read:

AB1-ASA1-CA1,396,20 948.13 (1) (a) A crime under s. 940.22 (2) or 940.225 (2) (c) or (cm), if the victim is under 18 years of age at the time of the offense, or a crime under s. 948.02 (1), 948.025 (1), 948.05 (1) or (1m), 948.06 or, 948.07 (1), (2), (3), or (4), or 948.075.".

AB1-ASA1-CA1,396,21 458. Page 293, line 14: after that line insert:

AB1-ASA1-CA1,396,22 " Section 939m. 950.04 (1v) (gm) of the statutes is created to read:

AB1-ASA1-CA1,396,24 950.04 (1v) (gm) To have reasonable attempts made to notify the victim of petitions for sentence adjustment as provided under s. 973.195 (1r) (d).".

AB1-ASA1-CA1,397,1 459. Page 327, line 10: after that line insert:

AB1-ASA1-CA1,397,2 " Section 1108d. 971.17 (1m) (b) 2m. of the statutes is amended to read:

AB1-ASA1-CA1,397,11 971.17 (1m) (b) 2m. If the defendant under sub. (1) is found not guilty by reason of mental disease or defect for a violation, or for the solicitation, conspiracy, or attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2), or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.075, 948.08, 948.095, 948.11 (2) (a) or (am), 948.12, 948.13, or 948.30, or of s. 940.30 or 940.31 if the victim was a minor and the defendant was not the victim's parent, the court shall require the defendant to comply with the reporting requirements under s. 301.45 unless the court determines, after a hearing on a motion made by the defendant, that the defendant is not required to comply under s. 301.45 (1m).".

AB1-ASA1-CA1,397,12 460. Page 332, line 7: after that line insert:

AB1-ASA1-CA1,397,13 " Section 1131m. 973.01 (3m) of the statutes is amended to read:

AB1-ASA1-CA1,397,20 973.01 (3m) Challenge incarceration program eligibility. When imposing a bifurcated sentence under this section on a person convicted of a crime other than a crime specified in ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.055, 948.06, 948.07, 948.075, 948.08, or 948.095, the court shall, as part of the exercise of its sentencing discretion, decide whether the person being sentenced is eligible or ineligible for the challenge incarceration program under s. 302.045 during the term of confinement in prison portion of the bifurcated sentence.".

AB1-ASA1-CA1,397,22 461. Page 332, line 13: substitute "302.113 (9g), or 973.195 (1r)" for "or 302.113 (9g)".

AB1-ASA1-CA1,397,23 462. Page 332, line 17: delete lines 17 to 23 and substitute:

AB1-ASA1-CA1,397,24 " Section 1134f. 973.0135 (1) (b) 2. of the statutes is amended to read:

AB1-ASA1-CA1,398,5 973.0135 (1) (b) 2. 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.

AB1-ASA1-CA1, s. 1134g Section 1134g. 973.0135 (1) (b) 2. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

AB1-ASA1-CA1,398,13 973.0135 (1) (b) 2. 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., 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.".

AB1-ASA1-CA1,398,14 463. Page 338, line 20: delete "only".

AB1-ASA1-CA1,398,16 464. Page 338, line 21: after "decision" insert "or there is not substantial evidence in the record to support the sentencing decision".

AB1-ASA1-CA1,398,17 465. Page 339, line 13: after that line insert:

AB1-ASA1-CA1,398,18 " Section 1138k. 973.034 of the statutes is amended to read:

AB1-ASA1-CA1,398,24 973.034 Sentencing; restriction on child sex offender working with children. Whenever a court imposes a sentence or places a defendant on probation regarding a conviction under s. 940.22 (2) or 940.225 (2) (c) or (cm), if the victim is under 18 years of age at the time of the offense, or a conviction under s. 948.02 (1), 948.025 (1), 948.05 (1) or (1m), 948.06 or, 948.07 (1), (2), (3), or (4), or 948.075, the court shall inform the defendant of the requirements and penalties under s. 948.13.

AB1-ASA1-CA1, s. 1138n Section 1138n. 973.048 (2m) of the statutes is amended to read:

AB1-ASA1-CA1,399,10 973.048 (2m) If a court imposes a sentence or places a person on probation for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2), or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.075, 948.08, 948.095, 948.11 (2) (a) or (am), 948.12, 948.13, or 948.30, or of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent, the court shall require the person to comply with the reporting requirements under s. 301.45 unless the court determines, after a hearing on a motion made by the person, that the person is not required to comply under s. 301.45 (1m).".

AB1-ASA1-CA1,399,11 466. Page 342, line 6: after that line insert:

AB1-ASA1-CA1,399,12 " Section 1143m. 973.195 of the statutes is created to read:

AB1-ASA1-CA1,399,14 973.195 Sentence adjustment. (1g) In this section, "applicable percentage" means 85 percent for a Class C to E felony and 75 percent for a Class F to I felony.

AB1-ASA1-CA1,399,20 (1r) Confinement in prison. (a) An inmate who is serving a sentence imposed under s. 973.01 for a crime other than a Class B felony may petition the sentencing court to adjust the sentence if the inmate has served at least the applicable percentage of the term of confinement in prison portion of the sentence. If an inmate is subject to more than one sentence imposed under this section, the sentences shall be treated individually for purposes of sentence adjustment under this subsection.

AB1-ASA1-CA1,399,21 (b) Any of the following is a ground for a petition under par. (a):

AB1-ASA1-CA1,399,24 1. The inmate's conduct, efforts at and progress in rehabilitation, or participation and progress in education, treatment, or other correctional programs since he or she was sentenced.

AB1-ASA1-CA1,400,5 3. A change in law or procedure related to sentencing or revocation of extended supervision effective after the inmate was sentenced that would have resulted in a shorter term of confinement in prison or, if the inmate was returned to prison upon revocation of extended supervision, a shorter period of confinement in prison upon revocation, if the change had been applicable when the inmate was sentenced.

AB1-ASA1-CA1,400,7 4. The inmate is subject to a sentence of confinement in another state or the inmate is in the United States illegally and may be deported.

AB1-ASA1-CA1,400,8 5. Sentence adjustment is otherwise in the interests of justice.

AB1-ASA1-CA1,400,14 (c) Upon receipt of a petition filed under par. (a), the sentencing court may deny the petition or hold the petition for further consideration. If the court holds the petition for further consideration, the court shall notify the district attorney of the inmate's petition. If the district attorney objects to adjustment of the inmate's sentence within 45 days of receiving notification under this paragraph, the court shall deny the inmate's petition.

AB1-ASA1-CA1,400,23 (d) If the sentence for which the inmate seek's adjustment is for an offense under s. 940.225 (2) or (3), 948.02 (2), or 948.08 and the district attorney does not object to the petition within 10 days of receiving notice under par. (c), the district attorney shall notify the the victim, as defined under s. 950.02 (4), of the inmate's petition. The notice to the victim shall include information on the sentence adjustment petition process under this subsection, including information on how to object to the inmate's petition. If the victim objects to adjustment of the inmate's sentence within 45 days of the date on which the district attorney received notice under par. (c), the court shall deny the inmate's petition.

AB1-ASA1-CA1,401,2 (e) Notwithstanding the confidentiality of victim address information obtained under s. 302.113 (9g) (g) 3., a district attorney who is required to send notice to a victim under par. (d) may obtain from the clerk of the circuit court victim address information that the victim provided to the clerk under s. 302.113 (9g) (g) 3.

AB1-ASA1-CA1,401,7 (f) If the sentencing court receives no objection to sentence adjustment from the district attorney under par. (c) or the victim under par. (d) and the court determines that sentence adjustment is in the public interest, the court may adjust the inmate's sentence as provided under par. (g). The court shall include in the record written reasons for any sentence adjustment granted under this subsection.

AB1-ASA1-CA1,401,9 (g) Except as provided under par. (h), the only sentence adjustments that a court may make under this subsection are as follows:

AB1-ASA1-CA1,401,13 1. If the inmate is serving the term of confinement in prison portion of the sentence, a reduction in the term of confinement in prison by the amount of time remaining in the term of confinement in prison portion of the sentence, less up to 30 days, and a corresponding increase in the term of extended supervision.

AB1-ASA1-CA1,401,17 2. If the inmate is confined in prison upon revocation of extended supervision, a reduction in the amount of time remaining in the period of confinement in prison imposed upon revocation, less up to 30 days, and a corresponding increase in the term of extended supervision.

AB1-ASA1-CA1,401,25 (h) 1. If the court adjusts a sentence under par. (g) on the basis of a change in law or procedure as provided under par. (b) 3. and the total sentence length of the adjusted sentence is greater than the maximum sentence length that the offender could have received if the change in law or procedure had been applicable when the inmate was originally sentenced, the court may reduce the length of the term of extended supervision so that the total sentence length does not exceed the maximum sentence length that the offender could have received if the change in law or procedure had been applicable when the inmate was originally sentenced.

AB1-ASA1-CA1,402,9 2. If the court adjusts a sentence under par. (g) on the basis of a change in law or procedure as provided under par. (b) 3. and the adjusted term of extended supervision is greater than the maximum term of extended supervision that the offender could have received if the change in law or procedure had been applicable when the inmate was originally sentenced, the court may reduce the length of the term of extended supervision so that the term of extended supervision does not exceed the maximum term of extended supervision that the offender could have received if the change in law or procedure had been applicable when the inmate was originally sentenced.

AB1-ASA1-CA1,402,11 (i) An inmate may submit only one petition under this subsection for each sentence imposed under s. 973.01.".

AB1-ASA1-CA1,402,12 467. Page 345, line 19: after that line insert:

AB1-ASA1-CA1,402,13 " Section 1151r. 979.012 of the statutes is created to read:

AB1-ASA1-CA1,402,21 979.012 Reporting deaths of public health concern. (1) If a coroner or medical examiner is aware of the death of a person who, at the time of his or her death, had an illness or a health condition that satisfies s. 166.02 (7) (a), the coroner or medical examiner shall report the illness or health condition to the department of health and family services and to the local health department, as defined in s. 250.01 (4), in whose jurisdiction the coroner or medical examiner is located in writing or by electronic transmission within 24 hours of learning of the deceased's illness or health condition.

AB1-ASA1-CA1,402,23 (2) In a report under sub. (1), the coroner or medical examiner shall include all of the following information if such information is available:

AB1-ASA1-CA1,402,24 (a) The illness or health condition of the deceased.

AB1-ASA1-CA1,403,2 (b) The name, date of birth, gender, race, occupation, and home and work addresses of the deceased.

AB1-ASA1-CA1,403,3 (c) The name and address of the coroner or medical examiner.

AB1-ASA1-CA1,403,6 (d) If the illness or health condition was related to an animal or insect bite, the suspected location where the bite occurred and the name and address of the owner of the animal or insect, if an owner is identified.".

AB1-ASA1-CA1,403,7 468. Page 345, line 25: after that line insert:

AB1-ASA1-CA1,403,9 " Section 1157s. 1999 Wisconsin Act 9, section 9158 (8w) (e) is amended to read:

AB1-ASA1-CA1,403,19 [1999 Wisconsin Act 9] Section 9158 (8w) (e) Notwithstanding the procedures for dissolution of a regional planning commission that are specified under section 66.945 (15) of the statutes, the Dane County regional planning commission shall be dissolved on October 1, 2002 2004. All unexpended funds of the commission on that date shall be applied to any outstanding indebtedness of the commission. If any outstanding indebtedness of the commission remains after the application of the unexpended funds to such debts, the remaining indebtedness shall be assessed to Dane County. If the commission has no outstanding indebtedness and has unexpended funds, such funds shall be returned to the cities, villages, towns or county that supplied them.".

AB1-ASA1-CA1,403,20 469. Page 346, line 8: after that line insert:

AB1-ASA1-CA1,403,21 " Section 1160p. 2001 Wisconsin Act 16, section 9157 (7e) is amended to read:

AB1-ASA1-CA1,404,2 [2001 Wisconsin Act 16] Section 9157 (7e) Cost-effective transportation services for veterans. The department of veterans affairs and the department of administration, jointly, shall determine the most cost-effective methods for providing statewide transportation services to disabled veterans under section 45.43 (7m) of the statutes, as created by this act.".

AB1-ASA1-CA1,404,3 470. Page 346, line 8: after that line insert:

AB1-ASA1-CA1,404,4 " Section 1160p. 2001 Wisconsin Act 16, section 9158 (8x) is amended to read:

AB1-ASA1-CA1,404,13 [2001 Wisconsin Act 16] Section 9158 (8x) Community youth grants. Notwithstanding section 49.175 (1) (z) of the statutes, as affected by this act, from the moneys allocated under section 49.175 (1) (z) of the statutes, as affected by this act, the department of workforce development shall provide grants in each fiscal year of the 2001-03 fiscal biennium to the Wisconsin chapters of the Boys and Girls Clubs of America to improve social, academic, and employment skills of youth who are eligible to receive temporary assistance for needy families under 42 USC 601 et seq. The total amount of grants that are provided under this subsection in each fiscal year of the 2001-03 fiscal biennium shall be $50,000 $300,000.".

AB1-ASA1-CA1,404,14 471. Page 346, line 13: after that line insert:

AB1-ASA1-CA1,404,16 " Section 1160rd. 2001 Wisconsin Act 16, section 9323 (18k), (18m), (18n), (18pk), (18pm) and (18pn) are repealed.

AB1-ASA1-CA1, s. 1160ut Section 1160ut. 2001 Wisconsin Act 16, section 9423 (18k) is repealed.".

AB1-ASA1-CA1,404,18 472. Page 348, line 9: after that line insert:

AB1-ASA1-CA1,404,20 "(6e) Lapses from certain appropriations from which membership dues in national, state, and local nongovernmental organizations are paid.

AB1-ASA1-CA1,404,21 (a) In this subsection:

AB1-ASA1-CA1,404,22 1. "Secretary" means the secretary of administration.

AB1-ASA1-CA1,404,23 2. "State agency" has the meaning given in section 20.001 (1) of the statutes.

AB1-ASA1-CA1,405,4 (b) The secretary shall determine for each state agency the amount expended by the state agency for membership dues for any national, state, or local nongovernmental organization in the 2000-01 fiscal year that was funded from general purpose revenue and the appropriation from which the dues were paid.

AB1-ASA1-CA1,405,9 (c) From each sum certain appropriation of general purpose revenue identified in paragraph (b), the secretary shall lapse to the general fund in the 2002-03 fiscal year an amount that equals 20% of the amount specified in paragraph (b) for that appropriation. After the secretary makes the lapse, each of the sum certain appropriations is decreased by the amount of the lapse.

AB1-ASA1-CA1,405,13 (d) For each sum sufficient appropriation of general purpose revenue identified in paragraph (b), the expenditure estimate for the appropriation during the 2002-03 fiscal year is reestimated to subtract an amount that equals 20% of the amount specified in paragraph (b) for that appropriation.".

AB1-ASA1-CA1,405,14 473. Page 350, line 2: after that line insert:

AB1-ASA1-CA1,405,21 "(8w) Tuition appropriation expenditure estimate increase. When amending the schedule under section 20.004 (2) of the statutes, in addition to making any other reduction required by law, the department of administration shall increase the estimated expenditure amount that appears in the schedule for the appropriation account under section 20.285 (1) (im) of the statutes by $6,700,000 to reflect additional academic fees and tuition that may be received under section 36.27 (1) (cm) of the statutes, as created by this act.".

AB1-ASA1-CA1,405,22 474. Page 350, line 3: delete lines 3 to 11.

AB1-ASA1-CA1,405,23 475. Page 352, line 12: after that line insert:

AB1-ASA1-CA1,405,24 "(9b) Sale or lease of state surplus property.

AB1-ASA1-CA1,406,1 (a) In this subsection:

AB1-ASA1-CA1,406,2 1. "State agency" has the meaning given in section 20.001 (1) of the statutes.

AB1-ASA1-CA1,406,4 2. "State property" means land and improvements thereto that are owned by this state.

AB1-ASA1-CA1,406,8 3. "Surplus property" means state property under the jurisdiction of the building commission or any other state agency that is not used or needed to carry out the program responsibilities of a state agency and is not included in the plan of a state agency for construction or development.

AB1-ASA1-CA1,406,11 (b) The department of administration shall compile an inventory of surplus property that has the potential to be sold or leased by the state no later than March 15, 2003.