SB55-ASA1,1250,2424 (a) The person knows that he or she has exhibited or played the recording.
SB55-ASA1,1251,2
1(b) Before the person exhibited or played the recording, he or she knew the
2character and content of the sexually explicit conduct.
SB55-ASA1,1251,53 (c) Before the person exhibited or played the recording, he or she knew or
4reasonably should have known that the child engaged in sexually explicit conduct
5had not attained the age of 18 years.
SB55-ASA1, s. 3984m 6Section 3984m. 950.04 (1v) (v) of the statutes is amended to read:
SB55-ASA1,1251,147 950.04 (1v) (v) To have the department of corrections make a reasonable
8attempt to notify the victim under s. 301.046 (4) regarding community residential
9confinements, under s. 301.048 (4m) regarding participation in the intensive
10sanctions program, under s. 301.38 regarding escapes from a Type 1 prison, under
11s. 301.46 (3) regarding persons registered under s. 301.45, under s. 302.115 302.105
12regarding release upon expiration of certain sentences, under s. 304.063 regarding
13extended supervision and parole releases, and under s. 938.51 regarding release or
14escape of a juvenile from correctional custody.
SB55-ASA1, s. 2126 15Section 2126. 961.14 (7) (p) of the statutes is created to read:
SB55-ASA1,1251,1616 961.14 (7) (p) 4-methylthioamphetamine, commonly known as "4-MTA."
SB55-ASA1, s. 2127 17Section 2127. 961.41 (1) (b) of the statutes is amended to read:
SB55-ASA1,1251,2118 961.41 (1) (b) Except as provided in pars. (cm) and (e) to (h) (hm), any other
19controlled substance included in schedule I, II or III, or a controlled substance analog
20of any other controlled substance included in schedule I or II, may be fined not more
21than $15,000 or imprisoned for not more than 7 years and 6 months or both.
SB55-ASA1, s. 2128 22Section 2128. 961.41 (1) (hm) of the statutes is created to read:
SB55-ASA1,1252,523 961.41 (1) (hm) Gamma-hydroxybutyric acid, gamma-butyrolactone,
243,4-methylenedioxymethamphetamine,
254-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine,

1ketamine, or a controlled substance analog of gamma-hydroxybutyric acid,
2gamma-butyrolactone, 3,4-methylenedioxymethamphetamine,
34-bromo-2,5-dimethoxy-beta-phenylethylamine, or 4-methylthioamphetamine is
4subject to the following penalties if the amount manufactured, distributed, or
5delivered is:
SB55-ASA1,1252,76 1. Three grams or less, the person shall be fined not less than $1,000 nor more
7than $200,000 and may be imprisoned for not more than 7 years and 6 months.
SB55-ASA1,1252,108 2. More than 3 grams but not more than 10 grams, the person shall be fined
9not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than
106 months nor more than 7 years and 6 months.
SB55-ASA1,1252,1311 3. More than 10 grams but not more than 50 grams, the person shall be fined
12not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than
13one year nor more than 22 years and 6 months.
SB55-ASA1,1252,1614 4. More than 50 grams but not more than 200 grams, the person shall be fined
15not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than
163 years nor more than 22 years and 6 months.
SB55-ASA1,1252,1917 5. More than 200 grams but not more than 400 grams, the person shall be fined
18not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than
195 years nor more than 22 years and 6 months.
SB55-ASA1,1252,2220 6. More than 400 grams, the person shall be fined not less than $1,000 nor more
21than $500,000 and shall be imprisoned for not less than 10 years nor more than 45
22years.
SB55-ASA1, s. 2129 23Section 2129. 961.41 (1) (im) of the statutes is renumbered 961.41 (1) (im)
24(intro.) and amended to read:
SB55-ASA1,1253,3
1961.41 (1) (im) (intro.) Flunitrazepam, may be fined not more than $15,000 or
2imprisoned for not more than 7 years and 6 months or both.
is subject to the following
3penalties if the amount manufactured, distributed, or delivered is:
SB55-ASA1, s. 2130 4Section 2130. 961.41 (1) (im) 1. to 6. of the statutes are created to read:
SB55-ASA1,1253,75 961.41 (1) (im) 1. Three grams or less, the person shall be fined not less than
6$1,000 nor more than $200,000 and may be imprisoned for not more than 7 years and
76 months.
SB55-ASA1,1253,108 2. More than 3 grams but not more than 10 grams, the person shall be fined
9not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than
106 months nor more than 7 years and 6 months.
SB55-ASA1,1253,1311 3. More than 10 grams but not more than 50 grams, the person shall be fined
12not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than
13one year nor more than 22 years and 6 months.
SB55-ASA1,1253,1614 4. More than 50 grams but not more than 200 grams, the person shall be fined
15not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than
163 years nor more than 22 years and 6 months.
SB55-ASA1,1253,1917 5. More than 200 grams but not more than 400 grams, the person shall be fined
18not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than
195 years nor more than 22 years and 6 months.
SB55-ASA1,1253,2220 6. More than 400 grams, the person shall be fined not less than $1,000 nor more
21than $500,000 and shall be imprisoned for not less than 10 years nor more than 45
22years.
SB55-ASA1, s. 2131 23Section 2131. 961.41 (1m) (b) of the statutes is amended to read:
SB55-ASA1,1254,224 961.41 (1m) (b) Except as provided in pars. (cm) and (e) to (h) (hm), any other
25controlled substance included in schedule I, II or III, or a controlled substance analog

1of any other controlled substance included in schedule I or II, may be fined not more
2than $15,000 or imprisoned for not more than 7 years and 6 months or both.
SB55-ASA1, s. 2132 3Section 2132. 961.41 (1m) (hm) of the statutes is created to read:
SB55-ASA1,1254,114 961.41 (1m) (hm) Gamma-hydroxybutyric acid, gamma-butyrolactone,
53,4-methylenedioxymethamphetamine
64-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine,
7ketamine, or a controlled substance analog of gamma-hydroxybutyric acid,
8gamma-butyrolactone, 3,4-methylenedioxymethamphetamine
94-bromo-2,5-dimethoxy-beta-phenylethylamine, or 4-methylthioamphetamine is
10subject to the following penalties if the amount possessed, with intent to
11manufacture, distribute, or deliver is :
SB55-ASA1,1254,1312 1. Three grams or less, the person shall be fined not less than $1,000 nor more
13than $200,000 and may be imprisoned for not more than 7 years and 6 months.
SB55-ASA1,1254,1614 2. More than 3 grams but not more than 10 grams, the person shall be fined
15not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than
166 months nor more than 7 years and 6 months.
SB55-ASA1,1254,1917 3. More than 10 grams but not more than 50 grams, the person shall be fined
18not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than
19one year nor more than 22 years and 6 months.
SB55-ASA1,1254,2220 4. More than 50 grams but not more than 200 grams, the person shall be fined
21not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than
223 years nor more than 22 years and 6 months.
SB55-ASA1,1254,2523 5. More than 200 grams but not more than 400 grams, the person shall be fined
24not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than
255 years nor more than 22 years and 6 months.
SB55-ASA1,1255,3
16. More than 400 grams, the person shall be fined not less than $1,000 nor more
2than $500,000 and shall be imprisoned for not less than 10 years nor more than 45
3years.
SB55-ASA1, s. 2133 4Section 2133. 961.41 (1m) (im) of the statutes is renumbered 961.41 (1m) (im)
5(intro.) and amended to read:
SB55-ASA1,1255,96 961.41 (1m) (im) (intro.) Flunitrazepam, may be fined not more than $15,000
7or imprisoned for not more than 7 years and 6 months or both.
is subject to the
8following penalties if the amount possessed, with intent to manufacture, distribute,
9or deliver, is:
SB55-ASA1, s. 2134 10Section 2134. 961.41 (1m) (im) 1. to 6. of the statutes are created to read:
SB55-ASA1,1255,1311 961.41 (1m) (im) 1. Three grams or less, the person shall be fined not less than
12$1,000 nor more than $200,000 and may be imprisoned for not more than 7 years and
136 months.
SB55-ASA1,1255,1614 2. More than 3 grams but not more than 10 grams, the person shall be fined
15not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than
166 months nor more than 7 years and 6 months.
SB55-ASA1,1255,1917 3. More than 10 grams but not more than 50 grams, the person shall be fined
18not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than
19one year nor more than 22 years and 6 months.
SB55-ASA1,1255,2220 4. More than 50 grams but not more than 200 grams, the person shall be fined
21not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than
223 years nor more than 22 years and 6 months.
SB55-ASA1,1255,2523 5. More than 200 grams but not more than 400 grams, the person shall be fined
24not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than
255 years nor more than 22 years and 6 months.
SB55-ASA1,1256,3
16. More than 400 grams, the person shall be fined not less than $1,000 nor more
2than $500,000 and shall be imprisoned for not less than 10 years nor more than 45
3years.
SB55-ASA1, s. 2135 4Section 2135. 961.41 (2) (b) of the statutes is amended to read:
SB55-ASA1,1256,75 961.41 (2) (b) Any other Except as provided in pars. (a) and (bm), any
6counterfeit substance included in schedule I, II or III, may be fined not more than
7$15,000 or imprisoned for not more than 7 years and 6 months or both.
SB55-ASA1, s. 2136 8Section 2136. 961.41 (2) (bm) of the statutes is created to read:
SB55-ASA1,1256,159 961.41 (2) (bm) A counterfeit substance that is a counterfeit of phencyclidine,
10methamphetamine, lysergic acid diethylamide, gamma-hydroxybutyric acid,
11gamma-butyrolactone, 3,4-methylenedioxymethamphetamine
124-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine, or
13ketamine is punishable by the applicable fine and imprisonment for manufacture,
14distribution, delivery, or possession with intent to manufacture, distribute, or
15deliver, of the genuine controlled substance under sub. (1) or (1m).
SB55-ASA1, s. 2137 16Section 2137. 961.41 (2) (cm) of the statutes is amended to read:
SB55-ASA1,1256,2117 961.41 (2) (cm) A counterfeit substance which is flunitrazepam, may be fined
18not more than $15,000 or imprisoned for not more than 7 years and 6 months or both

19is punishable by the applicable fine and imprisonment for manufacture,
20distribution, delivery, or possession with intent to manufacture, distribute, or
21deliver, of the genuine controlled substance under sub. (1) or (1m)
.
SB55-ASA1, s. 2138 22Section 2138. 967.04 (9) of the statutes is amended to read:
SB55-ASA1,1257,423 967.04 (9) In any criminal prosecution or juvenile fact-finding hearing under
24s. 48.31 or 938.31, the court may admit into evidence a videotaped deposition taken
25under subs. (7) and (8) without an additional hearing under s. 908.08. In any

1proceeding under s. 302.113 (9) (am), 302.114 (9) (am), 304.06 (3), or 973.10 (2), the
2hearing examiner may order and preside at the taking of a videotaped deposition
3using the procedure provided in subs. (7) and (8) and may admit the videotaped
4deposition into evidence without an additional hearing under s. 908.08.
SB55-ASA1, s. 2139 5Section 2139. 971.14 (2) (d) of the statutes is amended to read:
SB55-ASA1,1257,136 971.14 (2) (d) If the court orders that the examination be conducted on an
7inpatient basis, it shall arrange for the transportation of the sheriff of the county in
8which the court is located shall transport
any defendant not free on bail to the
9examining facility within a reasonable time after the examination is ordered and for
10shall transport the defendant to be returned to the jail within a reasonable time after
11receiving the sheriff and county department of community programs of the county
12in which the court is located receive
notice from the examining facility that the
13examination has been completed.
SB55-ASA1, s. 2140 14Section 2140. 971.17 (1) of the statutes is renumbered 971.17 (1) (a) and
15amended to read:
SB55-ASA1,1258,216 971.17 (1) (a) Felonies committed before the effective date of this paragraph ....
17[revisor inserts date].
When Except as provided in par. (c), when a defendant is found
18not guilty by reason of mental disease or mental defect of a felony committed before
19the effective date of this paragraph .... [revisor inserts date]
, the court shall commit
20the person to the department of health and family services for a specified period not
21exceeding two-thirds of the maximum term of imprisonment that could be imposed
22under s. 973.15 (2) (a) against an offender convicted of the same crime or crimes
23felony, including imprisonment authorized by ss. 346.65 (2) (f), (2j) (d) or (3m),
24939.62, 939.621, 939.63, 939.635, 939.64, 939.641, 939.645, 940.09 (1b), 940.25 (1b)

1and 961.48 and other
any applicable penalty enhancement statutes, as applicable,
2subject to the credit provisions of s. 973.155.
SB55-ASA1,1258,6 3(c) Felonies punishable by life imprisonment. If the maximum term of
4imprisonment is
a defendant is found not guilty by reason of mental disease or
5mental defect of a felony that is punishable by
life imprisonment, the commitment
6period specified by the court may be life, subject to termination under sub. (5).
SB55-ASA1, s. 2141 7Section 2141. 971.17 (1) (b) of the statutes is created to read:
SB55-ASA1,1258,178 971.17 (1) (b) Crimes committed on or after the effective date of this paragraph
9.... [revisor inserts date], for which a bifurcated sentence may be imposed.
When a
10defendant is found not guilty by reason of mental disease or mental defect of a crime
11committed on or after the effective date of this paragraph .... [revisor inserts date],
12and the crime is one for which a court may impose a bifurcated sentence under s.
13973.01, the court shall commit the person to the department of health and family
14services for a specified period not exceeding the maximum term of confinement in
15prison that could be imposed on an offender convicted of the same crime, including
16imprisonment authorized by any applicable penalty enhancement statutes, subject
17to the credit provisions of s. 973.155.
SB55-ASA1, s. 2142 18Section 2142. 971.17 (1) (d) of the statutes is created to read:
SB55-ASA1,1259,219 971.17 (1) (d) Misdemeanors for which a bifurcated sentence may not be
20imposed.
When a defendant is found not guilty by reason of mental disease or mental
21defect of one of the following misdemeanors, the court shall commit the person to the
22department of health and family services for a specified period not exceeding
23two-thirds of the maximum term of imprisonment that could be imposed against an
24offender convicted of the same misdemeanor, including imprisonment authorized by

1any applicable penalty enhancement statutes, subject to the credit provisions of s.
2973.155:
SB55-ASA1,1259,43 1. A misdemeanor committed before the effective date of this subdivision ....
4[revisor inserts date].
SB55-ASA1,1259,75 2. A misdemeanor committed on or after the effective date of this subdivision
6.... [revisor inserts date], for which a court may not impose a bifurcated sentence
7under s. 973.01.
SB55-ASA1, s. 2143 8Section 2143. 971.23 (10) of the statutes is amended to read:
SB55-ASA1,1259,159 971.23 (10) Payment of photocopy costs in cases involving indigent
10defendants.
When the state public defender or a private attorney appointed under
11s. 977.08 requests photocopies of any item that is discoverable under this section, the
12state public defender shall pay any fee charged for the photocopies from the
13appropriation under s. 20.550 (1) (a) (f). If the person providing photocopies under
14this section charges the state public defender a fee for the photocopies, the fee may
15not exceed the actual, necessary and direct cost of photocopying.
SB55-ASA1, s. 2144 16Section 2144. 972.15 (2c) of the statutes is amended to read:
SB55-ASA1,1259,2117 972.15 (2c) If the defendant is subject to being sentenced under s. 973.01 and
18he or she satisfies the criteria under s. 302.045 (2) (b) and (c), the person preparing
19the presentence investigation report shall include in the report a recommendation
20as to whether the defendant should be eligible for the challenge incarceration
21program under s. 302.045.
SB55-ASA1, s. 2145 22Section 2145. 973.01 (1) of the statutes is amended to read:
SB55-ASA1,1260,323 973.01 (1) Bifurcated sentence required. Except as provided in sub. (3),
24whenever a court sentences a person to imprisonment in the Wisconsin state prisons
25for a felony committed on or after December 31, 1999, or a misdemeanor committed

1on or after the effective date of this subsection .... [revisor inserts date],
the court
2shall impose a bifurcated sentence that consists of a term of confinement in prison
3followed by a term of extended supervision under s. 302.113.
SB55-ASA1, s. 2146 4Section 2146. 973.01 (2) (intro.) of the statutes is amended to read:
SB55-ASA1,1260,75 973.01 (2) Structure of bifurcated sentences. (intro.) The court shall ensure
6that
An order imposing a bifurcated sentence imposed under sub. (1) complies shall
7comply
with all of the following:
SB55-ASA1, s. 2147 8Section 2147. 973.01 (2) (a) of the statutes is amended to read:
SB55-ASA1,1260,119 973.01 (2) (a) Total length of bifurcated sentence. Except as provided in par. (c),
10the total length of the bifurcated sentence may not exceed the maximum period of
11imprisonment for the felony crime.
SB55-ASA1, s. 2148 12Section 2148. 973.01 (2) (b) (intro.) of the statutes is amended to read:
SB55-ASA1,1260,1713 973.01 (2) (b) Imprisonment Confinement portion of bifurcated sentence.
14(intro.) The portion of the bifurcated sentence that imposes a term of confinement
15in prison may not be less than one year, subject to any minimum sentence prescribed
16for the felony crime, and, except as provided in par. (c), may not exceed is subject to
17whichever of the following limits is applicable:
SB55-ASA1, s. 2149 18Section 2149. 973.01 (2) (b) 6. of the statutes is renumbered 973.01 (2) (b) 6.
19(intro.) and amended to read:
SB55-ASA1,1260,2220 973.01 (2) (b) 6. (intro.) For any felony crime other than a felony specified in
21subds. 1. to 5.
one of the following, the term of confinement in prison may not exceed
2275% of the total length of the bifurcated sentence.:
SB55-ASA1, s. 2150 23Section 2150. 973.01 (2) (b) 6. a. and b. of the statutes are created to read:
SB55-ASA1,1260,2424 973.01 (2) (b) 6. a. A felony specified in subds. 1. to 5.
SB55-ASA1,1261,2
1b. An attempt to commit a classified felony if the attempt is punishable under
2s. 939.32 (1) (intro.).
SB55-ASA1, s. 2151 3Section 2151. 973.01 (2) (d) of the statutes is amended to read:
SB55-ASA1,1261,64 973.01 (2) (d) Minimum term of extended supervision. The term of extended
5supervision that follows the term of confinement in prison may not be less than 25%
6of the length of the term of confinement in prison imposed under par. (b).
SB55-ASA1, s. 2152 7Section 2152. 973.01 (6) of the statutes is amended to read:
SB55-ASA1,1261,98 973.01 (6) No parole. A person serving a bifurcated sentence imposed under
9sub. (1) is not eligible for release on parole under that sentence.
SB55-ASA1, s. 2153 10Section 2153. 973.013 (3m) of the statutes is amended to read:
SB55-ASA1,1262,211 973.013 (3m) If a person who has not attained the age of 16 15 years is
12sentenced to the Wisconsin state prisons, the department of corrections shall place
13the person at a secured juvenile correctional facility or a secured child caring
14institution, unless the department of corrections determines that placement in an
15institution under s. 302.01 is appropriate based on the person's prior record of
16adjustment in a correctional setting, if any; the person's present and potential
17vocational and educational needs, interests, and abilities; the adequacy and
18suitability of available facilities; the services and procedures available for treatment
19of the person within the various institutions; the protection of the public; and any
20other considerations promulgated by the department of corrections by rule. This
21subsection does not preclude the department of corrections from designating an
22adult correctional institution as a reception center for the person and subsequently
23transferring the person to a secured juvenile correctional facility or a secured child
24caring institution. Section 302.11 and ch. 304 apply to all persons placed in a secured

1juvenile correctional facility or a secured child caring institution under this
2subsection.
SB55-ASA1, s. 2154 3Section 2154. 973.05 (1) of the statutes is amended to read:
SB55-ASA1,1263,74 973.05 (1) When a defendant is sentenced to pay a fine, the court may grant
5permission for the payment of the fine, of the penalty assessment imposed by s.
6757.05, the jail assessment imposed by s. 302.46 (1), the crime victim and witness
7assistance surcharge under s. 973.045, the crime laboratories and drug law
8enforcement assessment imposed by s. 165.755, any applicable deoxyribonucleic acid
9analysis surcharge under s. 973.046, any applicable drug abuse program
10improvement surcharge imposed by s. 961.41 (5), any applicable consumer
11information protection assessment imposed by s. 100.261, any applicable domestic
12abuse assessment imposed by s. 971.37 (1m) (c) 1. or 973.055, any applicable driver
13improvement surcharge imposed by s. 346.655, any applicable truck driver
14education assessment imposed by s. 349.04,
any applicable enforcement assessment
15imposed by s. 253.06 (4) (c), any applicable weapons assessment imposed by s.
16167.31, any applicable uninsured employer assessment imposed by s. 102.85 (4), any
17applicable environmental assessment imposed by s. 299.93, any applicable wild
18animal protection assessment imposed by s. 29.983, any applicable natural resources
19assessment imposed by s. 29.987, and any applicable natural resources restitution
20payment imposed by s. 29.989 to be made within a period not to exceed 60 days. If
21no such permission is embodied in the sentence, the fine, the penalty assessment, the
22jail assessment, the crime victim and witness assistance surcharge, the crime
23laboratories and drug law enforcement assessment, any applicable deoxyribonucleic
24acid analysis surcharge, any applicable drug abuse program improvement
25surcharge, any applicable consumer information protection assessment, any

1applicable domestic abuse assessment, any applicable driver improvement
2surcharge, any applicable truck driver education assessment, any applicable
3enforcement assessment, any applicable weapons assessment, any applicable
4uninsured employer assessment, any applicable environmental assessment, any
5applicable wild animal protection assessment, any applicable natural resources
6assessment, and any applicable natural resources restitution payment shall be
7payable immediately.
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