Amendment ASA1-SB55

SB55-ASA1,1249,2 948.11 (2) (a) (intro.) Whoever, with knowledge of the nature the character and content of the material, sells, rents, exhibits, transfers plays, distributes, or loans to a child any harmful material, with or without monetary consideration, is guilty of a Class E felony. if any of the following applies:

SB55-ASA1, s. 2118 Section 2118. 948.11 (2) (a) 1. and 2. of the statutes are created to read:

SB55-ASA1,1249,5 948.11 (2) (a) 1. The person knows or reasonably should know that the child has not attained the age of 18 years.

SB55-ASA1,1249,7 2. The person has face-to-face contact with the child before or during the sale, rental, exhibit, playing, distribution, or loan.

SB55-ASA1, s. 2119 Section 2119. 948.11 (2) (am) of the statutes is renumbered 948.11 (2) (am) (intro.) and amended to read:

SB55-ASA1,1249,14 948.11 (2) (am) (intro.) Any person who has attained the age of 17 and who, with knowledge of the nature character and content of the description or narrative account, verbally communicates, by any means, a harmful description or narrative account to a child, with or without monetary consideration, is guilty of a Class E felony. if any of the following applies:

SB55-ASA1, s. 2120 Section 2120. 948.11 (2) (am) 1. and 2. of the statutes are created to read:

SB55-ASA1,1249,17 948.11 (2) (am) 1. The person knows or reasonably should know that the child has not attained the age of 18 years.

SB55-ASA1,1249,19 2. The person has face-to-face contact with the child before or during the communication.

SB55-ASA1, s. 2121 Section 2121. 948.11 (2) (b) of the statutes is renumbered 948.11 (2) (b) (intro.) and amended to read:

SB55-ASA1,1249,25 948.11 (2) (b) (intro.) Whoever, with knowledge of the nature character and content of the material, possesses harmful material with the intent to sell, rent, exhibit, transfer play, distribute, or loan the material to a child is guilty of a Class A misdemeanor. if any of the following applies:

SB55-ASA1, s. 2122 Section 2122. 948.11 (2) (b) 1. and 2. of the statutes are created to read:

SB55-ASA1,1250,3 948.11 (2) (b) 1. The person knows or reasonably should know that the child has not attained the age of 18 years.

SB55-ASA1,1250,4 2. The person has face-to-face contact with the child.

SB55-ASA1, s. 2123 Section 2123. 948.11 (2) (c) of the statutes is amended to read:

SB55-ASA1,1250,12 948.11 (2) (c) It is an affirmative defense to a prosecution for a violation of this section pars. (a) 2., (am) 2., and (b) 2. if the defendant had reasonable cause to believe that the child had attained the age of 18 years, and the child exhibited to the defendant a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that the child had attained the age of 18 years. A defendant who raises this affirmative defense has the burden of proving this defense by a preponderance of the evidence.

SB55-ASA1, s. 2124 Section 2124. 948.12 of the statutes is renumbered 948.12 (1m), and 948.12 (1m) (intro.) and (b), as renumbered, are amended to read:

SB55-ASA1,1250,18 948.12 (1m) (intro.) Whoever possesses any undeveloped film, photographic negative, photograph, motion picture, videotape, or other pictorial reproduction, or audio recording of a child engaged in sexually explicit conduct under all of the following circumstances is guilty of a Class E felony:

SB55-ASA1,1250,20 (b) The person knows the character and content of the sexually explicit conduct shown in the material.

SB55-ASA1, s. 2125 Section 2125. 948.12 (2m) of the statutes is created to read:

SB55-ASA1,1250,23 948.12 (2m) Whoever exhibits or plays a recording of a child engaged in sexually explicit conduct, if all of the following apply, is guilty of a Class E felony:

SB55-ASA1,1250,24 (a) The person knows that he or she has exhibited or played the recording.

SB55-ASA1,1251,2 (b) Before the person exhibited or played the recording, he or she knew the character and content of the sexually explicit conduct.

SB55-ASA1,1251,5 (c) Before the person exhibited or played the recording, he or she knew or reasonably should have known that the child engaged in sexually explicit conduct had not attained the age of 18 years.

SB55-ASA1, s. 3984m Section 3984m. 950.04 (1v) (v) of the statutes is amended to read:

SB55-ASA1,1251,14 950.04 (1v) (v) To have the department of corrections make a reasonable attempt to notify the victim under s. 301.046 (4) regarding community residential confinements, under s. 301.048 (4m) regarding participation in the intensive sanctions program, under s. 301.38 regarding escapes from a Type 1 prison, under s. 301.46 (3) regarding persons registered under s. 301.45, under s. 302.115 302.105 regarding release upon expiration of certain sentences, under s. 304.063 regarding extended supervision and parole releases, and under s. 938.51 regarding release or escape of a juvenile from correctional custody.

SB55-ASA1, s. 2126 Section 2126. 961.14 (7) (p) of the statutes is created to read:

SB55-ASA1,1251,16 961.14 (7) (p) 4-methylthioamphetamine, commonly known as "4-MTA."

SB55-ASA1, s. 2127 Section 2127. 961.41 (1) (b) of the statutes is amended to read:

SB55-ASA1,1251,21 961.41 (1) (b) Except as provided in pars. (cm) and (e) to (h) (hm), any other controlled substance included in schedule I, II or III, or a controlled substance analog of any other controlled substance included in schedule I or II, may be fined not more than $15,000 or imprisoned for not more than 7 years and 6 months or both.

SB55-ASA1, s. 2128 Section 2128. 961.41 (1) (hm) of the statutes is created to read:

SB55-ASA1,1252,5 961.41 (1) (hm) Gamma-hydroxybutyric acid, gamma-butyrolactone, 3,4-methylenedioxymethamphetamine, 4-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine, ketamine, or a controlled substance analog of gamma-hydroxybutyric acid, gamma-butyrolactone, 3,4-methylenedioxymethamphetamine, 4-bromo-2,5-dimethoxy-beta-phenylethylamine, or 4-methylthioamphetamine is subject to the following penalties if the amount manufactured, distributed, or delivered is:

SB55-ASA1,1252,7 1. Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 7 years and 6 months.

SB55-ASA1,1252,10 2. More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 7 years and 6 months.

SB55-ASA1,1252,13 3. More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 22 years and 6 months.

SB55-ASA1,1252,16 4. More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 22 years and 6 months.

SB55-ASA1,1252,19 5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 22 years and 6 months.

SB55-ASA1,1252,22 6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 10 years nor more than 45 years.

SB55-ASA1, s. 2129 Section 2129. 961.41 (1) (im) of the statutes is renumbered 961.41 (1) (im) (intro.) and amended to read:

SB55-ASA1,1253,3 961.41 (1) (im) (intro.) Flunitrazepam, may be fined not more than $15,000 or imprisoned for not more than 7 years and 6 months or both. is subject to the following penalties if the amount manufactured, distributed, or delivered is:

SB55-ASA1, s. 2130 Section 2130. 961.41 (1) (im) 1. to 6. of the statutes are created to read:

SB55-ASA1,1253,7 961.41 (1) (im) 1. Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 7 years and 6 months.

SB55-ASA1,1253,10 2. More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 7 years and 6 months.

SB55-ASA1,1253,13 3. More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 22 years and 6 months.

SB55-ASA1,1253,16 4. More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 22 years and 6 months.

SB55-ASA1,1253,19 5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 22 years and 6 months.

SB55-ASA1,1253,22 6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 10 years nor more than 45 years.

SB55-ASA1, s. 2131 Section 2131. 961.41 (1m) (b) of the statutes is amended to read:

SB55-ASA1,1254,2 961.41 (1m) (b) Except as provided in pars. (cm) and (e) to (h) (hm), any other controlled substance included in schedule I, II or III, or a controlled substance analog of any other controlled substance included in schedule I or II, may be fined not more than $15,000 or imprisoned for not more than 7 years and 6 months or both.

SB55-ASA1, s. 2132 Section 2132. 961.41 (1m) (hm) of the statutes is created to read:

SB55-ASA1,1254,11 961.41 (1m) (hm) Gamma-hydroxybutyric acid, gamma-butyrolactone, 3,4-methylenedioxymethamphetamine 4-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine, ketamine, or a controlled substance analog of gamma-hydroxybutyric acid, gamma-butyrolactone, 3,4-methylenedioxymethamphetamine 4-bromo-2,5-dimethoxy-beta-phenylethylamine, or 4-methylthioamphetamine is subject to the following penalties if the amount possessed, with intent to manufacture, distribute, or deliver is :

SB55-ASA1,1254,13 1. Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 7 years and 6 months.

SB55-ASA1,1254,16 2. More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 7 years and 6 months.

SB55-ASA1,1254,19 3. More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 22 years and 6 months.

SB55-ASA1,1254,22 4. More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 22 years and 6 months.

SB55-ASA1,1254,25 5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 22 years and 6 months.

SB55-ASA1,1255,3 6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 10 years nor more than 45 years.

SB55-ASA1, s. 2133 Section 2133. 961.41 (1m) (im) of the statutes is renumbered 961.41 (1m) (im) (intro.) and amended to read:

SB55-ASA1,1255,9 961.41 (1m) (im) (intro.) Flunitrazepam, may be fined not more than $15,000 or imprisoned for not more than 7 years and 6 months or both. is subject to the following penalties if the amount possessed, with intent to manufacture, distribute, or deliver, is:

SB55-ASA1, s. 2134 Section 2134. 961.41 (1m) (im) 1. to 6. of the statutes are created to read:

SB55-ASA1,1255,13 961.41 (1m) (im) 1. Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 7 years and 6 months.

SB55-ASA1,1255,16 2. More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 7 years and 6 months.

SB55-ASA1,1255,19 3. More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 22 years and 6 months.

SB55-ASA1,1255,22 4. More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 22 years and 6 months.

SB55-ASA1,1255,25 5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 22 years and 6 months.

SB55-ASA1,1256,3 6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 10 years nor more than 45 years.

SB55-ASA1, s. 2135 Section 2135. 961.41 (2) (b) of the statutes is amended to read:

SB55-ASA1,1256,7 961.41 (2) (b) Any other Except as provided in pars. (a) and (bm), any counterfeit substance included in schedule I, II or III, may be fined not more than $15,000 or imprisoned for not more than 7 years and 6 months or both.

SB55-ASA1, s. 2136 Section 2136. 961.41 (2) (bm) of the statutes is created to read:

SB55-ASA1,1256,15 961.41 (2) (bm) A counterfeit substance that is a counterfeit of phencyclidine, methamphetamine, lysergic acid diethylamide, gamma-hydroxybutyric acid, gamma-butyrolactone, 3,4-methylenedioxymethamphetamine 4-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine, or ketamine is punishable by the applicable fine and imprisonment for manufacture, distribution, delivery, or possession with intent to manufacture, distribute, or deliver, of the genuine controlled substance under sub. (1) or (1m).

SB55-ASA1, s. 2137 Section 2137. 961.41 (2) (cm) of the statutes is amended to read:

SB55-ASA1,1256,21 961.41 (2) (cm) A counterfeit substance which is flunitrazepam, may be fined not more than $15,000 or imprisoned for not more than 7 years and 6 months or both is punishable by the applicable fine and imprisonment for manufacture, distribution, delivery, or possession with intent to manufacture, distribute, or deliver, of the genuine controlled substance under sub. (1) or (1m).

SB55-ASA1, s. 2138 Section 2138. 967.04 (9) of the statutes is amended to read:

SB55-ASA1,1257,4 967.04 (9) In any criminal prosecution or juvenile fact-finding hearing under s. 48.31 or 938.31, the court may admit into evidence a videotaped deposition taken under subs. (7) and (8) without an additional hearing under s. 908.08. In any proceeding under s. 302.113 (9) (am), 302.114 (9) (am), 304.06 (3), or 973.10 (2), the hearing examiner may order and preside at the taking of a videotaped deposition using the procedure provided in subs. (7) and (8) and may admit the videotaped deposition into evidence without an additional hearing under s. 908.08.

SB55-ASA1, s. 2139 Section 2139. 971.14 (2) (d) of the statutes is amended to read:

SB55-ASA1,1257,13 971.14 (2) (d) If the court orders that the examination be conducted on an inpatient basis, it shall arrange for the transportation of the sheriff of the county in which the court is located shall transport any defendant not free on bail to the examining facility within a reasonable time after the examination is ordered and for shall transport the defendant to be returned to the jail within a reasonable time after receiving the sheriff and county department of community programs of the county in which the court is located receive notice from the examining facility that the examination has been completed.

SB55-ASA1, s. 2140 Section 2140. 971.17 (1) of the statutes is renumbered 971.17 (1) (a) and amended to read:

SB55-ASA1,1258,2 971.17 (1) (a) Felonies committed before the effective date of this paragraph .... [revisor inserts date]. When Except as provided in par. (c), when a defendant is found not guilty by reason of mental disease or mental defect of a felony committed before the effective date of this paragraph .... [revisor inserts date], the court shall commit the person to the department of health and family services for a specified period not exceeding two-thirds of the maximum term of imprisonment that could be imposed under s. 973.15 (2) (a) against an offender convicted of the same crime or crimes felony, including imprisonment authorized by ss. 346.65 (2) (f), (2j) (d) or (3m), 939.62, 939.621, 939.63, 939.635, 939.64, 939.641, 939.645, 940.09 (1b), 940.25 (1b) and 961.48 and other any applicable penalty enhancement statutes, as applicable, subject to the credit provisions of s. 973.155.

SB55-ASA1,1258,6 (c) Felonies punishable by life imprisonment. If the maximum term of imprisonment is a defendant is found not guilty by reason of mental disease or mental defect of a felony that is punishable by life imprisonment, the commitment period specified by the court may be life, subject to termination under sub. (5).

SB55-ASA1, s. 2141 Section 2141. 971.17 (1) (b) of the statutes is created to read:

SB55-ASA1,1258,17 971.17 (1) (b) Crimes committed on or after the effective date of this paragraph .... [revisor inserts date], for which a bifurcated sentence may be imposed. When a defendant is found not guilty by reason of mental disease or mental defect of a crime committed on or after the effective date of this paragraph .... [revisor inserts date], and the crime is one for which a court may impose a bifurcated sentence under s. 973.01, the court shall commit the person to the department of health and family services for a specified period not exceeding the maximum term of confinement in prison that could be imposed on an offender convicted of the same crime, including imprisonment authorized by any applicable penalty enhancement statutes, subject to the credit provisions of s. 973.155.

SB55-ASA1, s. 2142 Section 2142. 971.17 (1) (d) of the statutes is created to read:

SB55-ASA1,1259,2 971.17 (1) (d) Misdemeanors for which a bifurcated sentence may not be imposed. When a defendant is found not guilty by reason of mental disease or mental defect of one of the following misdemeanors, the court shall commit the person to the department of health and family services for a specified period not exceeding two-thirds of the maximum term of imprisonment that could be imposed against an offender convicted of the same misdemeanor, including imprisonment authorized by any applicable penalty enhancement statutes, subject to the credit provisions of s. 973.155:

SB55-ASA1,1259,4 1. A misdemeanor committed before the effective date of this subdivision .... [revisor inserts date].

SB55-ASA1,1259,7 2. A misdemeanor committed on or after the effective date of this subdivision .... [revisor inserts date], for which a court may not impose a bifurcated sentence under s. 973.01.

SB55-ASA1, s. 2143 Section 2143. 971.23 (10) of the statutes is amended to read:

SB55-ASA1,1259,15 971.23 (10) Payment of photocopy costs in cases involving indigent defendants. When the state public defender or a private attorney appointed under s. 977.08 requests photocopies of any item that is discoverable under this section, the state public defender shall pay any fee charged for the photocopies from the appropriation under s. 20.550 (1) (a) (f). If the person providing photocopies under this section charges the state public defender a fee for the photocopies, the fee may not exceed the actual, necessary and direct cost of photocopying.

SB55-ASA1, s. 2144 Section 2144. 972.15 (2c) of the statutes is amended to read:

SB55-ASA1,1259,21 972.15 (2c) If the defendant is subject to being sentenced under s. 973.01 and he or she satisfies the criteria under s. 302.045 (2) (b) and (c), the person preparing the presentence investigation report shall include in the report a recommendation as to whether the defendant should be eligible for the challenge incarceration program under s. 302.045.