AB3: Bill Text Engrossed

AB3-engrossed,20,20 13.06 Executive favor. Any member of the legislature who gives, offers or promises to give his or her vote or influence in favor of or against any measure or proposition pending or proposed to be introduced in the legislature, or that has already been passed by either house of the legislature, in consideration of or on condition that the governor approve, disapprove, veto or sign, or agree to approve, disapprove, veto or sign, any other measure or proposition pending or proposed to be introduced in the legislature or that has already been passed by the legislature, or either house thereof, or in consideration or upon condition that the governor nominate for appointment or appoint or remove any person to or from any office or position under the laws of this state, may be fined not less than $500 nor more than $1,000 or imprisoned for not less than one year nor more than 3 years or both is guilty of a Class I felony.

AB3-engrossed, s. 7 Section 7. 13.525 of the statutes is created to read:

AB3-engrossed,20,24 13.525 Joint review committee on criminal penalties. (1) Creation. There is created a joint review committee on criminal penalties composed of the following members:

AB3-engrossed,21,3 (a) One majority party member and one minority party member from each house of the legislature, appointed as are the members of standing committees in their respective houses.

AB3-engrossed,21,4 (b) The attorney general or his or her designee.

AB3-engrossed,21,5 (c) The secretary of corrections or his or her designee.

AB3-engrossed,21,6 (d) The state public defender or his or her designee.

AB3-engrossed,21,9 (e) A reserve judge who resides in the 1st, 2nd, 3rd, 4th, or 5th judicial administrative district and a reserve judge who resides in the 6th, 7th, 8th, 9th, or 10th judicial administrative district, appointed by the supreme court.

AB3-engrossed,21,12 (f) Two members of the public appointed by the governor, one of whom shall have law enforcement experience in this state and one of whom shall be an elected county official.

AB3-engrossed,21,15 (2) Officers. The majority party senator and the majority party representative to the assembly shall be cochairpersons of the committee. The committee shall elect a secretary from among its nonlegislator members.

AB3-engrossed,21,17 (3) Judicial and gubernatorial appointees. Members appointed under sub. (1) (e) or (f) shall serve at the pleasure of the authority appointing them.

AB3-engrossed,21,20 (4) Eligibility. A member shall cease to be a member upon losing the status upon which the appointment is based. Membership on the committee shall not be incompatible with any other public office.

AB3-engrossed,22,3 (5) Review of legislation relating to crimes. (a) If any bill that is introduced in either house of the legislature proposes to create a new crime or revise a penalty for an existing crime and the bill is referred to a standing committee of the house in which it is introduced, the chairperson may request the joint review committee to prepare a report on the bill under par. (b). If the bill is not referred to a standing committee, the speaker of the assembly, if the bill is introduced in the assembly, or the presiding officer of the senate, if the bill is introduced in the senate, may request the joint review committee to prepare a report on the bill under par. (b).

AB3-engrossed,22,6 (b) If the joint review committee receives a request under par. (a) for a report on a bill that proposes to create a new crime or revise a penalty for an existing crime, the committee shall prepare a report concerning all of the following:

AB3-engrossed,22,9 1. The costs that are likely to be incurred or saved by the department of corrections, the department of justice, the state public defender, the courts, district attorneys, and other state and local government agencies if the bill is enacted.

AB3-engrossed,22,11 2. The consistency of penalties proposed in the bill with existing criminal penalties.

AB3-engrossed,22,13 3. Alternative language needed, if any, to conform penalties proposed in the bill to penalties in existing criminal statutes.

AB3-engrossed,22,15 4. Whether acts prohibited under the bill are prohibited under existing criminal statutes.

AB3-engrossed,22,19 (c) The chief clerk shall print a report prepared by the committee under par. (b) as an appendix to the bill and attach it thereto as are amendments. The reproduction shall be in lieu of inclusion in the daily journal of the house in which the proposal is introduced.

AB3-engrossed,22,25 (d) If a bill that is introduced in either house of the legislature proposes to create a new crime or revise a penalty for an existing crime, a standing committee to which the bill is referred may not vote on whether to recommend the bill for passage and the bill may not be passed by the house in which it is introduced before the joint review committee submits a report under par. (b) or before the 30th day after a report is requested under par. (a), whichever is earlier.

AB3-engrossed,23,7 (5m) Recommendations regarding sentence modifications. (a) No later than the first day of the 6th month beginning after the effective date of this paragraph .... [revisor inserts date], the committee shall submit a report to the legislature, in the manner provided under s. 13.172 (2), and to the governor containing recommendations regarding standards and procedures to be used by a court to modify a bifurcated sentence. The report shall include any proposed legislation that is necessary to implement the recommendations made by the committee in its report.

AB3-engrossed,23,12 (b) Any proposed legislation included in the report under par. (a) shall provide that a bifurcated sentence that a court previously imposed may be modified only by reducing the term of confinement in prison portion of the sentence and lengthening the term of extended supervision imposed so that the total length of the bifurcated sentence originally imposed does not change.

AB3-engrossed,23,17 (6) Committee powers and procedures. The committee may hold hearings as needed to elicit information for making a report under sub. (5) (b) or (5m) (a) or for developing proposed legislation under sub. (5m) (a). The committee shall meet at the call of its cochairpersons. All actions of the committee require the approval of a majority of all of its members.

AB3-engrossed, s. 7m Section 7m. 13.525 (5m) of the statutes, as created by 2001 Wisconsin Act .... (this act), is repealed.

AB3-engrossed, s. 8 Section 8. 13.69 (6m) of the statutes is amended to read:

AB3-engrossed,23,25 13.69 (6m) Any principal, lobbyist or other individual acting on behalf of a principal who files a statement under s. 13.63 (1), 13.64, 13.65, 13.67 or 13.68 which he or she does not believe to be true 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-engrossed, s. 9 Section 9. 15.01 (2) of the statutes is amended to read:

AB3-engrossed,24,12 15.01 (2) "Commission" means a 3-member governing body in charge of a department or independent agency or of a division or other subunit within a department, except for the Wisconsin waterways commission which shall consist of 5 members, the parole commission which shall consist of 6 members and the Fox River management commission which shall consist of 7 members. A Wisconsin group created for participation in a continuing interstate body, or the interstate body itself, shall be known as a "commission", but is not a commission for purposes of s. 15.06. The parole commission created under s. 15.145 (1) shall be known as a "commission", but is not a commission for purposes of s. 15.06. The sentencing commission created under s. 15.105 (27) shall be known as a "commission" but is not a commission for purposes of s. 15.06 (1) to (4m), (7), and (9).

AB3-engrossed, s. 10 Section 10. 15.105 (27) of the statutes is created to read:

AB3-engrossed,24,16 15.105 (27) Sentencing commission. (a) Creation; membership. There is created a sentencing commission that is attached to the department of administration under s. 15.03 and that shall consist of the following members:

AB3-engrossed,24,17 1. The attorney general or his or her designee.

AB3-engrossed,24,18 2. The state public defender or his or her designee.

AB3-engrossed,24,20 3. Seven members, at least 2 of whom are not employed by any unit of federal, state, or local government, appointed by the governor.

AB3-engrossed,24,23 4. One majority party member and one minority party member from each house of the legislature, appointed as are the members of standing committees in their respective houses.

AB3-engrossed,24,24 6. Two circuit judges, appointed by the supreme court.

AB3-engrossed,25,2 7. One representative of crime victims and one district attorney, each appointed by the attorney general.

AB3-engrossed,25,4 8. One attorney in private practice engaged primarily in the practice of criminal defense, appointed by the criminal law section of the State Bar of Wisconsin.

AB3-engrossed,25,7 (b) Nonvoting members. The secretary of corrections or his or her designee, the chairperson of the parole commission or his or her designee, and the director of state courts or his or her designee shall be nonvoting members of the commission.

AB3-engrossed,25,9 (c) Terms. 1. Except as provided in subd. 2., members appointed under par. (a) 3. and 6. to 8. shall serve 3-year terms and are eligible for reappointment.

AB3-engrossed,25,12 2. The term of a circuit judge appointed under par. (a) 6. shall end when such person ceases to be a circuit judge. The term of a district attorney appointed under par. (a) 7. shall end when such person ceases to be a district attorney.

AB3-engrossed,25,15 (d) Officers. The governor shall designate annually one of the members of the commission as chairperson. The commission may elect officers other than a chairperson from among its members as its work requires.

AB3-engrossed,25,22 (e) Reimbursement and compensation. Members of the commission shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties. An officer or employee of the state shall be reimbursed by the agency that pays the member's salary. Members who are full-time state officers or employees shall receive no compensation for their services. Other members shall be paid $25 per day, in addition to their actual and necessary expenses, for each day on which they are actually and necessarily engaged in the performance of their duties.

AB3-engrossed,25,23 (f) Sunset. This subsection does not apply after December 31, 2006.

AB3-engrossed, s. 11 Section 11. 19.42 (10) (o) of the statutes is created to read:

AB3-engrossed,26,2 19.42 (10) (o) A member, the executive director, or the deputy director of the sentencing commission.

AB3-engrossed, s. 12 Section 12. 19.42 (13) (n) of the statutes is created to read:

AB3-engrossed,26,5 19.42 (13) (n) The position of member, executive director, or deputy director of the sentencing commission.

AB3-engrossed, s. 13 Section 13. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB3-engrossed, s. 14 Section 14. 20.505 (4) (dr) of the statutes is created to read:

AB3-engrossed,26,11 20.505 (4) (dr) Sentencing commission. The amounts in the schedule for the general program operations of the sentencing commission. No money may be encumbered from the appropriation under this paragraph after December 31, 2006.

AB3-engrossed, s. 15 Section 15. 20.505 (4) (mr) of the statutes is created to read:

AB3-engrossed,26,16 20.505 (4) (mr) Sentencing commission; federal aid. All moneys received as federal aid as authorized by the governor under s. 16.54 to carry out the purposes for which the aid is provided. No money may be encumbered from the appropriation under this paragraph after December 31, 2006.

AB3-engrossed, s. 16 Section 16. 20.923 (4) (b) 7. of the statutes is created to read:

AB3-engrossed,26,18 20.923 (4) (b) 7. Sentencing commission: executive director.

AB3-engrossed, s. 17 Section 17. 20.923 (6) (hr) of the statutes is created to read:

AB3-engrossed,27,1 20.923 (6) (hr) Sentencing commission: deputy director.

AB3-engrossed, s. 18 Section 18. 23.33 (13) (cg) of the statutes is amended to read:

AB3-engrossed,27,7 23.33 (13) (cg) Penalties related to causing death or injury; interference with signs and standards. A person who violates sub. (8) (f) 1. shall be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class H felony if the violation causes the death or injury, as defined in s. 30.67 (3) (b), of another person.

AB3-engrossed, s. 19 Section 19. 26.14 (8) of the statutes is amended to read:

AB3-engrossed,27,11 26.14 (8) Any person who intentionally sets fire to the land of another or to a marsh 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-engrossed, s. 20 Section 20. 29.971 (1) (c) of the statutes is amended to read:

AB3-engrossed,27,16 29.971 (1) (c) For A person having fish in his or her possession in violation of this chapter and is guilty of a Class I felony if the value of the fish under par. (d) exceeds $1,000, by a fine of not more than $10,000 or imprisonment for not more than 3 years or both.

AB3-engrossed, s. 21 Section 21. 29.971 (1m) (c) of the statutes is amended to read:

AB3-engrossed,27,20 29.971 (1m) (c) For A person possessing clams in violation of s. 29.537, is guilty of a Class I felony if the value of the clams under par. (d) exceeds $1,000, by a fine of not more than $10,000 or imprisonment for not more than 3 years or both.

AB3-engrossed, s. 22 Section 22. 29.971 (11m) (a) of the statutes is amended to read:

AB3-engrossed,28,5 29.971 (11m) (a) For shooting, shooting at, killing, taking, catching or possessing a bear without a valid Class A bear license, or for possessing a bear which does not have a carcass tag attached or possessing a bear during the closed season, by a fine of not less than $1,000 nor more than $2,000 or by imprisonment for not more than 6 months or both for the first violation, or by a fine of not more than $5,000 $10,000 or imprisonment for not more than 2 years 9 months or both for any subsequent violation, and, in addition, the court shall revoke all hunting approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting approval under this chapter to the person for 3 years.

AB3-engrossed, s. 23 Section 23. 29.971 (11p) (a) of the statutes is amended to read:

AB3-engrossed,28,9 29.971 (11p) (a) For entering the den of a hibernating black bear and harming the bear, by a fine of not more than $10,000 or imprisonment for not more than 2 years 9 months or both.

AB3-engrossed, s. 24 Section 24. 30.80 (2g) (b) of the statutes is amended to read:

AB3-engrossed,28,13 30.80 (2g) (b) Shall be fined not less than $300 nor more than $5,000 $10,000 or imprisoned for not more than 2 years 9 months or both if the accident involved injury to a person but the person did not suffer great bodily harm.

AB3-engrossed, s. 25 Section 25. 30.80 (2g) (c) of the statutes is amended to read:

AB3-engrossed,28,17 30.80 (2g) (c) Shall be fined not more than $10,000 or imprisoned for not more than 3 years or both Is guilty of a Class I felony if the accident involved injury to a person and the person suffered great bodily harm.

AB3-engrossed, s. 26 Section 26. 30.80 (2g) (d) of the statutes is amended to read:

AB3-engrossed,28,21 30.80 (2g) (d) 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 if the accident involved death to a person.

AB3-engrossed, s. 27 Section 27. 30.80 (3m) of the statutes is amended to read:

AB3-engrossed,28,25 30.80 (3m) Any person violating s. 30.547 (1), (3) or (4) shall be fined not more than $5,000 or imprisoned not more than 7 years and 6 months or both is guilty of a Class H felony.

AB3-engrossed, s. 28 Section 28. 36.25 (6) (d) of the statutes is amended to read:

AB3-engrossed,29,9 36.25 (6) (d) Any officer, agent, clerk or employee of the survey or department of revenue who makes known to any person except the officers of the survey or department of revenue, in any manner, any information given to such person in the discharge of such person's duties under par. (c), which information was given to such person with the request that it not be made known, upon conviction thereof, shall be fined not less than $50 nor more than $500 or imprisoned for not less than one month nor more than 3 years is guilty of a Class I felony. This paragraph shall not prevent the use for assessment purposes of any information obtained under this subsection.

AB3-engrossed, s. 29 Section 29. 47.03 (3) (d) of the statutes is amended to read:

AB3-engrossed,29,12 47.03 (3) (d) Any person who violates this subsection shall be fined not more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both.

AB3-engrossed, s. 30 Section 30. 48.355 (2d) (b) 3. of the statutes is amended to read:

AB3-engrossed,29,21 48.355 (2d) (b) 3. That the parent has committed a violation of s. 940.19 (3), 1999 stats., 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) 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 child or another child of the parent.

AB3-engrossed, s. 31 Section 31. 48.415 (9m) (b) 2. of the statutes is amended to read:

AB3-engrossed,30,3 48.415 (9m) (b) 2. The commission of a violation of s. 940.19 (3), 1999 stats., a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (3) (a), 948.05, 948.06 or 948.08 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, 948.03 (2) (a) or (3) (a), 948.05, 948.06 or 948.08 if committed in this state.

AB3-engrossed, s. 32 Section 32. 48.417 (1) (d) of the statutes is amended to read:

AB3-engrossed,30,12 48.417 (1) (d) A court of competent jurisdiction has found that the parent has committed a violation of s. 940.19 (3), 1999 stats., 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) 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 child or another child of the parent.

AB3-engrossed, s. 33 Section 33. 48.57 (3p) (g) 2. of the statutes is amended to read:

AB3-engrossed,30,18 48.57 (3p) (g) 2. The person has had imposed on him or her a penalty specified in s. 939.64, 1999 stats., or s. 939.641, 1999 stats., or s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a violation of the law of any other state or federal law under circumstances under which the person would be subject to a penalty specified in any of those sections if convicted in this state.

AB3-engrossed, s. 34 Section 34. 48.685 (1) (c) of the statutes is amended to read: