AB3-engrossed,94,1218
938.78
(3) If a juvenile adjudged delinquent under s. 48.12, 1993 stats., or s.
19938.12 or found to be in need of protection or services under s. 48.13 (12), 1993 stats.,
20or s. 48.13 (14), 1993 stats., or s. 938.13 (12) or (14) on the basis of a violation of s.
21943.23 (1m) or (1r), 1999 stats., or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235,
22941.237, 941.24, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325,
23943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g),
(1m) or (1r), 943.32 (2), 948.02,
24948.025, 948.03, 948.05, 948.055, 948.60, 948.605 or 948.61 or any crime specified in
25ch. 940 has escaped from a secured correctional facility, child caring institution,
1secured group home, inpatient facility, as defined in s. 51.01 (10), secure detention
2facility or juvenile portion of a county jail, or from the custody of a peace officer or
3a guard of such a facility, institution or jail, or has been allowed to leave a secured
4correctional facility, child caring institution, secured group home, inpatient facility,
5secure detention facility or juvenile portion of a county jail for a specified time period
6and is absent from the facility, institution, home or jail for more than 12 hours after
7the expiration of the specified period, the department or county department having
8supervision over the juvenile may release the juvenile's name and any information
9about the juvenile that is necessary for the protection of the public or to secure the
10juvenile's return to the facility, institution, home or jail. The department of
11corrections shall promulgate rules establishing guidelines for the release of the
12juvenile's name or information about the juvenile to the public.
AB3-engrossed,94,1514
939.22
(21) (d) Battery,
substantial battery or aggravated battery, as
15prohibited in s. 940.19 or 940.195.
AB3-engrossed,94,2017
939.30
(1) Except as provided in sub. (2) and
ss. 948.35 and s. 961.455, whoever,
18with intent that a felony be committed, advises another to commit that crime under
19circumstances that indicate unequivocally that he or she has the intent is guilty of
20a Class
D H felony.
AB3-engrossed,94,2422
939.30
(2) For a solicitation to commit a crime for which the penalty is life
23imprisonment, the actor is guilty of a Class
C F felony. For a solicitation to commit
24a Class
E I felony, the actor is guilty of a Class
E I felony.
AB3-engrossed,95,4
1939.32
(1) Generally. (intro.) Whoever attempts to commit a felony or a crime
2specified in s. 940.19, 940.195 or 943.20 may be fined or imprisoned or both
not to
3exceed one-half the maximum penalty for the completed crime; as provided under
4sub. (1g), except:
AB3-engrossed,95,97
939.32
(1) (bm) Whoever attempts to commit a Class I felony, other than one
8to which a penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. or b. is being
9applied, is guilty of a Class A misdemeanor.
AB3-engrossed,95,1211
939.32
(1g) Maximum penalty. The maximum penalty for an attempt to commit
12a crime that is punishable under sub. (1) (intro.) is as follows:
AB3-engrossed,95,1313
(a) The maximum fine is one-half of the maximum fine for the completed crime.
AB3-engrossed,95,1714
(b) 1. If neither s. 939.62 (1) nor 961.48 is being applied, the maximum term
15of imprisonment is one-half of the maximum term of imprisonment, as increased by
16any penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. and b., for the
17completed crime.
AB3-engrossed,95,1918
2. If either s. 939.62 (1) or 961.48 is being applied, the maximum term of
19imprisonment is determined by the following method:
AB3-engrossed,95,2220
a. Multiplying by one-half the maximum term of imprisonment, as increased
21by any penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. and b., for the
22completed crime.
AB3-engrossed,95,2323
b. Applying s. 939.62 (1) or 961.48 to the product obtained under subd. 2. a.
AB3-engrossed,96,3
1939.32
(1m) Bifurcated sentences. If the court imposes a bifurcated sentence
2under s. 973.01 (1) for an attempt to commit a crime that is punishable under sub.
3(1) (intro.), the following requirements apply:
AB3-engrossed,96,104
(a)
Maximum term of confinement for attempt to commit classified felony. 1.
5Subject to the minimum term of extended supervision required under s. 973.01 (2)
6(d), if the crime is a classified felony and neither s. 939.62 (1) nor 961.48 is being
7applied, the maximum term of confinement in prison is one-half of the maximum
8term of confinement in prison specified in s. 973.01 (2) (b), as increased by any
9penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. and b., for the classified
10felony.
AB3-engrossed,96,1411
2. Subject to the minimum term of extended supervision required under s.
12973.01 (2) (d), if the crime is a classified felony and either s. 939.62 (1) or 961.48 is
13being applied, the court shall determine the maximum term of confinement in prison
14by the following method:
AB3-engrossed,96,1715
a. Multiplying by one-half the maximum term of confinement in prison
16specified in s. 973.01 (2) (b), as increased by any penalty enhancement statutes listed
17in s. 973.01 (2) (c) 2. a. and b., for the classified felony.
AB3-engrossed,96,1818
b. Applying s. 939.62 (1) or 961.48 to the product obtained under subd. 2. a.
AB3-engrossed,96,2219
(b)
Maximum term of extended supervision for attempt to commit classified
20felony. The maximum term of extended supervision for an attempt to commit a
21classified felony is one-half of the maximum term of extended supervision for the
22completed crime under s. 973.01 (2) (d).
AB3-engrossed,97,223
(c)
Maximum term of confinement for attempt to commit unclassified felony or
24misdemeanor. The court shall determine the maximum term of confinement in
25prison for an attempt to commit a crime other than a classified felony by applying
1s. 973.01 (2) (b) 10. to the maximum term of imprisonment calculated under sub. (1g)
2(b).
AB3-engrossed,97,44
939.32
(2) (title)
Misdemeanor computer crimes.
AB3-engrossed,97,66
939.32
(3) (title)
Requirements.
AB3-engrossed,97,98
939.50
(1) (intro.)
Except as provided in ss. 946.43 (2m) (a), 946.83 and 946.85,
9felonies Felonies in
chs. 939 to 951 the statutes are classified as follows:
AB3-engrossed,97,1212
939.50
(1) (f) Class F felony.
AB3-engrossed,97,1414
939.50
(1) (g) Class G felony.
AB3-engrossed,97,1616
939.50
(1) (h) Class H felony.
AB3-engrossed,97,1818
939.50
(1) (i) Class I felony.
AB3-engrossed,97,2120
939.50
(2) A felony is a Class A, B,
BC, C, D
or, E
, F, G, H, or I felony when it
21is so specified in
chs. 939 to 951 the statutes.
AB3-engrossed,97,2524
939.50
(3) (c) For a Class C felony, a fine not to exceed
$10,000 $100,000 or
25imprisonment not to exceed
15 40 years, or both.
AB3-engrossed,98,32
939.50
(3) (d) For a Class D felony, a fine not to exceed
$10,000 $100,000 or
3imprisonment not to exceed
10 25 years, or both.
AB3-engrossed,98,65
939.50
(3) (e) For a Class E felony, a fine not to exceed
$10,000 $50,000 or
6imprisonment not to exceed
5 15 years, or both.
AB3-engrossed,98,98
939.50
(3) (f) For a Class F felony, a fine not to exceed $25,000 or imprisonment
9not to exceed 12 years and 6 months, or both.
AB3-engrossed,98,1211
939.50
(3) (g) For a Class G felony, a fine not to exceed $25,000 or imprisonment
12not to exceed 10 years, or both.
AB3-engrossed,98,1514
939.50
(3) (h) For a Class H felony, a fine not to exceed $10,000 or imprisonment
15not to exceed 6 years, or both.
AB3-engrossed,98,1817
939.50
(3) (i) For a Class I felony, a fine not to exceed $10,000 or imprisonment
18not to exceed 3 years and 6 months, or both.
AB3-engrossed,98,2120
939.615
(7) (b) 2. Whoever violates par. (a) is guilty of a Class
E I felony if the
21same conduct that violates par. (a) also constitutes a crime that is a felony.
AB3-engrossed,98,2524
939.62
(1) (a) A maximum term
of imprisonment of one year or less may be
25increased to not more than
3 2 years.
AB3-engrossed,99,52
939.62
(1) (b) A maximum term
of imprisonment of more than one year but not
3more than 10 years may be increased by not more than 2 years if the prior convictions
4were for misdemeanors and by not more than
6 4 years if the prior conviction was for
5a felony.
AB3-engrossed,99,97
939.62
(1) (c) A maximum term
of imprisonment of more than 10 years may be
8increased by not more than 2 years if the prior convictions were for misdemeanors
9and by not more than
10 6 years if the prior conviction was for a felony.
AB3-engrossed,99,1411
939.62
(2m) (a) 2m. a. Any felony under s. 961.41 (1), (1m) or (1x)
if the felony 12is that is a Class A, B, or C felony or, if the felony was committed before the effective
13date of this subd. 2m. a. .... [revisor inserts date], that is or was punishable by a
14maximum prison term of 30 years or more.
AB3-engrossed,99,2116
939.62
(2m) (a) 2m. b. Any felony under
s. 940.09 (1), 1999 stats., s. 943.23 (1m)
17or (1r), 1999 stats., s. 948.35 (1) (b) or (c), 1999 stats., or s. 948.36, 1999 stats., or s.
18940.01, 940.02, 940.03, 940.05, 940.09
(1) (1c), 940.16, 940.19 (5), 940.195 (5), 940.21,
19940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g),
20(1m) or (1r), 943.32 (2), 946.43 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c),
21948.05, 948.06, 948.07, 948.08,
or 948.30 (2)
, 948.35 (1) (b) or (c) or 948.36.
AB3-engrossed,99,2524
939.623
(2) If a person has one or more prior convictions for a serious sex crime
25and subsequently commits a serious sex crime, the court shall
impose a bifurcated
1sentence
the person to under s. 973.01. The term of confinement in prison portion
2of a bifurcated sentence imposed under this subsection may not
be less than
5 years'
3imprisonment 3 years and 6 months, but otherwise the penalties for the crime apply,
4subject to any applicable penalty enhancement. The court
shall may not place the
5defendant on probation.
AB3-engrossed,100,147
939.624
(2) If a person has one or more prior convictions for a serious violent
8crime or a crime punishable by life imprisonment and subsequently commits a
9serious violent crime, the court shall
impose a bifurcated sentence
the person to 10under s. 973.01. The term of confinement in prison portion of a bifurcated sentence
11imposed under this subsection may not
be less than
5 years' imprisonment 3 years
12and 6 months, but otherwise the penalties for the crime apply, subject to any
13applicable penalty enhancement. The court
shall
may not place the defendant on
14probation.
AB3-engrossed, s. 291
16Section
291. 939.63 (1) of the statutes is renumbered 939.63, and 939.63 (1)
17(d), (2) and (3), as renumbered, are amended to read:
AB3-engrossed,100,1918
939.63
(1) (d) The maximum term of imprisonment for a felony not specified
19in
subd. 2. or 3. par (b) or (c) may be increased by not more than 3 years.
AB3-engrossed,100,22
20(2) The increased penalty provided in this
subsection section does not apply if
21possessing, using or threatening to use a dangerous weapon is an essential element
22of the crime charged.
AB3-engrossed,100,24
23(3) This
subsection section applies only to crimes specified under chs. 939 to
24951 and 961.
AB3-engrossed,101,62
939.632
(1) (e) 1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09
(1) 3(1c), 940.19 (2),
(3), (4) or (5), 940.21, 940.225 (1), (2) or (3), 940.305, 940.31, 941.20,
4941.21, 943.02, 943.06, 943.10 (2), 943.23 (1g),
(1m) or (1r), 943.32 (2), 948.02 (1) or
5(2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.055, 948.07, 948.08,
or 948.30 (2)
, 948.35
6(1) (b) or (c) or 948.36.
AB3-engrossed,101,98
939.632
(2) If a person commits a violent crime in a school zone, the maximum
9period term of imprisonment is increased as follows:
AB3-engrossed,101,1110
(a) If the violent crime is a felony, the maximum
period term of imprisonment
11is increased by 5 years.
AB3-engrossed,101,1412
(b) If the violent crime is a misdemeanor, the maximum
period term of
13imprisonment is increased by 3 months and the place of imprisonment is the county
14jail.