AB3, s. 257
24Section
257. 939.30 (2) of the statutes is amended to read:
AB3,92,3
1939.30
(2) For a solicitation to commit a crime for which the penalty is life
2imprisonment, the actor is guilty of a Class
C F felony. For a solicitation to commit
3a Class
E I felony, the actor is guilty of a Class
E I felony.
AB3, s. 258
4Section
258. 939.32 (1) (intro.) of the statutes is amended to read:
AB3,92,85
939.32
(1) Generally. (intro.) Whoever attempts to commit a felony or a crime
6specified in s. 940.19, 940.195 or 943.20 may be fined or imprisoned or both
not to
7exceed one-half the maximum penalty for the completed crime; as provided under
8sub. (1g), except:
AB3, s. 259
9Section
259. 939.32 (1) (b) of the statutes is repealed.
AB3, s. 260
10Section
260. 939.32 (1) (bm) of the statutes is created to read:
AB3,92,1311
939.32
(1) (bm) Whoever attempts to commit a Class I felony, other than one
12to which a penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. or b. is being
13applied, is guilty of a Class A misdemeanor.
AB3, s. 261
14Section
261. 939.32 (1g) of the statutes is created to read:
AB3,92,1615
939.32
(1g) Maximum penalty. The maximum penalty for an attempt to commit
16a crime that is punishable under sub. (1) (intro.) is as follows:
AB3,92,1717
(a) The maximum fine is one-half of the maximum fine for the completed crime.
AB3,92,2118
(b) 1. If neither s. 939.62 (1) nor 961.48 is being applied, the maximum term
19of imprisonment is one-half of the maximum term of imprisonment, as increased by
20any penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. and b., for the
21completed crime.
AB3,92,2322
2. If either s. 939.62 (1) or 961.48 is being applied, the maximum term of
23imprisonment is determined by the following method:
AB3,93,3
1a. Multiplying by one-half the maximum term of imprisonment, as increased
2by any penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. and b., for the
3completed crime.
AB3,93,44
b. Applying s. 939.62 (1) or 961.48 to the product obtained under subd. 2. a.
AB3, s. 262
5Section
262. 939.32 (1m) of the statutes is created to read:
AB3,93,86
939.32
(1m) Bifurcated sentences. If the court imposes a bifurcated sentence
7under s. 973.01 (1) for an attempt to commit a crime that is punishable under sub.
8(1) (intro.), the following requirements apply:
AB3,93,159
(a)
Maximum term of confinement for attempt to commit classified felony. 1.
10Subject to the minimum term of extended supervision required under s. 973.01 (2)
11(d), if the crime is a classified felony and neither s. 939.62 (1) nor 961.48 is being
12applied, the maximum term of confinement in prison is one-half of the maximum
13term of confinement in prison specified in s. 973.01 (2) (b), as increased by any
14penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. and b., for the classified
15felony.
AB3,93,1916
2. Subject to the minimum term of extended supervision required under s.
17973.01 (2) (d), if the crime is a classified felony and either s. 939.62 (1) or 961.48 is
18being applied, the court shall determine the maximum term of confinement in prison
19by the following method:
AB3,93,2220
a. Multiplying by one-half the maximum term of confinement in prison
21specified in s. 973.01 (2) (b), as increased by any penalty enhancement statutes listed
22in s. 973.01 (2) (c) 2. a. and b., for the classified felony.
AB3,93,2323
b. Applying s. 939.62 (1) or 961.48 to the product obtained under subd. 2. a.
AB3,94,224
(b)
Maximum term of extended supervision for attempt to commit classified
25felony. The maximum term of extended supervision for an attempt to commit a
1classified felony is one-half of the maximum term of extended supervision for the
2completed crime under s. 973.01 (2) (d).
AB3,94,73
(c)
Maximum term of confinement for attempt to commit unclassified felony or
4misdemeanor. The court shall determine the maximum term of confinement in
5prison for an attempt to commit a crime other than a classified felony by applying
6s. 973.01 (2) (b) 10. to the maximum term of imprisonment calculated under sub. (1g)
7(b).
AB3, s. 263
8Section
263. 939.32 (2) (title) of the statutes is created to read:
AB3,94,99
939.32
(2) (title)
Misdemeanor computer crimes.
AB3, s. 264
10Section
264. 939.32 (3) (title) of the statutes is created to read:
AB3,94,1111
939.32
(3) (title)
Requirements.
AB3, s. 265
12Section
265. 939.50 (1) (intro.) of the statutes is amended to read:
AB3,94,1413
939.50
(1) (intro.)
Except as provided in ss. 946.43 (2m) (a), 946.83 and 946.85,
14felonies Felonies in
chs. 939 to 951 the statutes are classified as follows:
AB3, s. 266
15Section
266. 939.50 (1) (bc) of the statutes is repealed.
AB3, s. 267
16Section
267. 939.50 (1) (f) of the statutes is created to read:
AB3,94,1717
939.50
(1) (f) Class F felony.
AB3, s. 268
18Section
268. 939.50 (1) (g) of the statutes is created to read:
AB3,94,1919
939.50
(1) (g) Class G felony.
AB3, s. 269
20Section
269. 939.50 (1) (h) of the statutes is created to read:
AB3,94,2121
939.50
(1) (h) Class H felony.
AB3, s. 270
22Section
270. 939.50 (1) (i) of the statutes is created to read:
AB3,94,2323
939.50
(1) (i) Class I felony.
AB3, s. 271
24Section
271. 939.50 (2) of the statutes is amended to read:
AB3,95,2
1939.50
(2) A felony is a Class A, B,
BC, C, D
or, E
, F, G, H, or I felony when it
2is so specified in
chs. 939 to 951 the statutes.
AB3, s. 272
3Section
272. 939.50 (3) (bc) of the statutes is repealed.
AB3, s. 273
4Section
273. 939.50 (3) (c) of the statutes is amended to read:
AB3,95,65
939.50
(3) (c) For a Class C felony, a fine not to exceed
$10,000 $100,000 or
6imprisonment not to exceed
15 40 years, or both.
AB3, s. 274
7Section
274. 939.50 (3) (d) of the statutes is amended to read:
AB3,95,98
939.50
(3) (d) For a Class D felony, a fine not to exceed
$10,000 $100,000 or
9imprisonment not to exceed
10 25 years, or both.
AB3, s. 275
10Section
275. 939.50 (3) (e) of the statutes is amended to read:
AB3,95,1211
939.50
(3) (e) For a Class E felony, a fine not to exceed
$10,000 $50,000 or
12imprisonment not to exceed
5 15 years, or both.
AB3, s. 276
13Section
276. 939.50 (3) (f) of the statutes is created to read:
AB3,95,1514
939.50
(3) (f) For a Class F felony, a fine not to exceed $25,000 or imprisonment
15not to exceed 12 years and 6 months, or both.
AB3, s. 277
16Section
277. 939.50 (3) (g) of the statutes is created to read:
AB3,95,1817
939.50
(3) (g) For a Class G felony, a fine not to exceed $25,000 or imprisonment
18not to exceed 10 years, or both.
AB3, s. 278
19Section
278. 939.50 (3) (h) of the statutes is created to read:
AB3,95,2120
939.50
(3) (h) For a Class H felony, a fine not to exceed $10,000 or imprisonment
21not to exceed 6 years, or both.
AB3, s. 279
22Section
279. 939.50 (3) (i) of the statutes is created to read:
AB3,95,2423
939.50
(3) (i) For a Class I felony, a fine not to exceed $10,000 or imprisonment
24not to exceed 3 years and 6 months, or both.
AB3, s. 280
25Section
280. 939.615 (7) (b) 2. of the statutes is amended to read:
AB3,96,2
1939.615
(7) (b) 2. Whoever violates par. (a) is guilty of a Class
E I felony if the
2same conduct that violates par. (a) also constitutes a crime that is a felony.
AB3, s. 281
3Section
281. 939.615 (7) (c) of the statutes is repealed.
AB3, s. 282
4Section
282. 939.62 (1) (a) of the statutes is amended to read:
AB3,96,65
939.62
(1) (a) A maximum term
of imprisonment of one year or less may be
6increased to not more than
3 2 years.
AB3, s. 283
7Section
283. 939.62 (1) (b) of the statutes is amended to read:
AB3,96,118
939.62
(1) (b) A maximum term
of imprisonment of more than one year but not
9more than 10 years may be increased by not more than 2 years if the prior convictions
10were for misdemeanors and by not more than
6 4 years if the prior conviction was for
11a felony.
AB3, s. 284
12Section
284. 939.62 (1) (c) of the statutes is amended to read:
AB3,96,1513
939.62
(1) (c) A maximum term
of imprisonment of more than 10 years may be
14increased by not more than 2 years if the prior convictions were for misdemeanors
15and by not more than
10 6 years if the prior conviction was for a felony.
AB3, s. 285
16Section
285. 939.62 (2m) (a) 2m. a. of the statutes is amended to read:
AB3,96,2017
939.62
(2m) (a) 2m. a. Any felony under s. 961.41 (1), (1m) or (1x)
if the felony 18is that is a Class A, B, or C felony or, if the felony was committed before the effective
19date of this subd. 2m. a. .... [revisor inserts date], that is or was punishable by a
20maximum prison term of 30 years or more.
AB3, s. 286
21Section
286. 939.62 (2m) (a) 2m. b. of the statutes is amended to read:
AB3,97,222
939.62
(2m) (a) 2m. b. Any felony under
s. 940.09 (1), 1999 stats., s. 943.23 (1m)
23or (1r), 1999 stats., s. 948.35 (1) (b) or (c), 1999 stats., or s. 948.36, 1999 stats., or s.
24940.01, 940.02, 940.03, 940.05, 940.09
(1) (1c), 940.16, 940.19 (5), 940.195 (5), 940.21,
25940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g),
1(1m) or (1r), 943.32 (2), 946.43 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c),
2948.05, 948.06, 948.07, 948.08,
or 948.30 (2)
, 948.35 (1) (b) or (c) or 948.36.
AB3, s. 287
3Section
287. 939.622 of the statutes is repealed.
AB3, s. 288
4Section
288. 939.623 (2) of the statutes is amended to read:
AB3,97,115
939.623
(2) If a person has one or more prior convictions for a serious sex crime
6and subsequently commits a serious sex crime, the court shall
impose a bifurcated 7sentence
the person to under s. 973.01. The term of confinement in prison portion
8of a bifurcated sentence imposed under this subsection may not
be less than
5 years'
9imprisonment 3 years and 6 months, but otherwise the penalties for the crime apply,
10subject to any applicable penalty enhancement. The court
shall may not place the
11defendant on probation.
AB3, s. 289
12Section
289. 939.624 (2) of the statutes is amended to read:
AB3,97,2013
939.624
(2) If a person has one or more prior convictions for a serious violent
14crime or a crime punishable by life imprisonment and subsequently commits a
15serious violent crime, the court shall
impose a bifurcated sentence
the person to 16under s. 973.01. The term of confinement in prison portion of a bifurcated sentence
17imposed under this subsection may not
be less than
5 years' imprisonment 3 years
18and 6 months, but otherwise the penalties for the crime apply, subject to any
19applicable penalty enhancement. The court
shall
may not place the defendant on
20probation.
AB3, s. 290
21Section
290. 939.625 of the statutes is repealed.
AB3, s. 291
22Section
291. 939.63 (1) of the statutes is renumbered 939.63, and 939.63 (1)
23(d), (2) and (3), as renumbered, are amended to read:
AB3,97,2524
939.63
(1) (d) The maximum term of imprisonment for a felony not specified
25in
subd. 2. or 3. par (b) or (c) may be increased by not more than 3 years.
AB3,98,3
1(2) The increased penalty provided in this
subsection section does not apply if
2possessing, using or threatening to use a dangerous weapon is an essential element
3of the crime charged.
AB3,98,5
4(3) This
subsection section applies only to crimes specified under chs. 939 to
5951 and 961.
AB3, s. 292
6Section
292. 939.63 (2) of the statutes is repealed.
AB3, s. 293
7Section
293. 939.632 (1) (e) 1. of the statutes is amended to read:
AB3,98,128
939.632
(1) (e) 1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09
(1) 9(1c), 940.19 (2),
(3), (4) or (5), 940.21, 940.225 (1), (2) or (3), 940.305, 940.31, 941.20,
10941.21, 943.02, 943.06, 943.10 (2), 943.23 (1g),
(1m) or (1r), 943.32 (2), 948.02 (1) or
11(2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.055, 948.07, 948.08,
or 948.30 (2)
, 948.35
12(1) (b) or (c) or 948.36.
AB3, s. 294
13Section
294. 939.632 (2) of the statutes is amended to read:
AB3,98,1514
939.632
(2) If a person commits a violent crime in a school zone, the maximum
15period term of imprisonment is increased as follows:
AB3,98,1716
(a) If the violent crime is a felony, the maximum
period term of imprisonment
17is increased by 5 years.
AB3,98,2018
(b) If the violent crime is a misdemeanor, the maximum
period term of
19imprisonment is increased by 3 months and the place of imprisonment is the county
20jail.
AB3, s. 295
21Section
295. 939.635 of the statutes is repealed.
AB3, s. 296
22Section
296. 939.64 of the statutes is repealed.
AB3, s. 297
23Section
297. 939.641 of the statutes is repealed.
AB3, s. 298
24Section
298. 939.645 (2) of the statutes is amended to read:
AB3,99,4
1939.645
(2) (a) If the crime committed under sub. (1) is ordinarily a
2misdemeanor other than a Class A misdemeanor, the revised maximum fine is
3$10,000 and the revised maximum
period term of imprisonment is one year in the
4county jail.