AB3: Bill Text

AB3,93,8 939.32 (1m) Bifurcated sentences. If the court imposes a bifurcated sentence under s. 973.01 (1) for an attempt to commit a crime that is punishable under sub. (1) (intro.), the following requirements apply:

AB3,93,15 (a) Maximum term of confinement for attempt to commit classified felony. 1. Subject to the minimum term of extended supervision required under s. 973.01 (2) (d), if the crime is a classified felony and neither s. 939.62 (1) nor 961.48 is being applied, the maximum term of confinement in prison is one-half of the maximum term of confinement in prison specified in s. 973.01 (2) (b), as increased by any penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. and b., for the classified felony.

AB3,93,19 2. Subject to the minimum term of extended supervision required under s. 973.01 (2) (d), if the crime is a classified felony and either s. 939.62 (1) or 961.48 is being applied, the court shall determine the maximum term of confinement in prison by the following method:

AB3,93,22 a. Multiplying by one-half the maximum term of confinement in prison specified in s. 973.01 (2) (b), as increased by any penalty enhancement statutes listed in s. 973.01 (2) (c) 2. a. and b., for the classified felony.

AB3,93,23 b. Applying s. 939.62 (1) or 961.48 to the product obtained under subd. 2. a.

AB3,94,2 (b) Maximum term of extended supervision for attempt to commit classified felony. The maximum term of extended supervision for an attempt to commit a classified felony is one-half of the maximum term of extended supervision for the completed crime under s. 973.01 (2) (d).

AB3,94,7 (c) Maximum term of confinement for attempt to commit unclassified felony or misdemeanor. The court shall determine the maximum term of confinement in prison for an attempt to commit a crime other than a classified felony by applying s. 973.01 (2) (b) 10. to the maximum term of imprisonment calculated under sub. (1g) (b).

AB3, s. 263 Section 263. 939.32 (2) (title) of the statutes is created to read:

AB3,94,9 939.32 (2) (title) Misdemeanor computer crimes.

AB3, s. 264 Section 264. 939.32 (3) (title) of the statutes is created to read:

AB3,94,11 939.32 (3) (title) Requirements.

AB3, s. 265 Section 265. 939.50 (1) (intro.) of the statutes is amended to read:

AB3,94,14 939.50 (1) (intro.) Except as provided in ss. 946.43 (2m) (a), 946.83 and 946.85, felonies Felonies in chs. 939 to 951 the statutes are classified as follows:

AB3, s. 266 Section 266. 939.50 (1) (bc) of the statutes is repealed.

AB3, s. 267 Section 267. 939.50 (1) (f) of the statutes is created to read:

AB3,94,17 939.50 (1) (f) Class F felony.

AB3, s. 268 Section 268. 939.50 (1) (g) of the statutes is created to read:

AB3,94,19 939.50 (1) (g) Class G felony.

AB3, s. 269 Section 269. 939.50 (1) (h) of the statutes is created to read:

AB3,94,21 939.50 (1) (h) Class H felony.

AB3, s. 270 Section 270. 939.50 (1) (i) of the statutes is created to read:

AB3,94,23 939.50 (1) (i) Class I felony.

AB3, s. 271 Section 271. 939.50 (2) of the statutes is amended to read:

AB3,95,2 939.50 (2) A felony is a Class A, B, BC, C, D or, E, F, G, H, or I felony when it is so specified in chs. 939 to 951 the statutes.

AB3, s. 272 Section 272. 939.50 (3) (bc) of the statutes is repealed.

AB3, s. 273 Section 273. 939.50 (3) (c) of the statutes is amended to read:

AB3,95,6 939.50 (3) (c) For a Class C felony, a fine not to exceed $10,000 $100,000 or imprisonment not to exceed 15 40 years, or both.

AB3, s. 274 Section 274. 939.50 (3) (d) of the statutes is amended to read:

AB3,95,9 939.50 (3) (d) For a Class D felony, a fine not to exceed $10,000 $100,000 or imprisonment not to exceed 10 25 years, or both.

AB3, s. 275 Section 275. 939.50 (3) (e) of the statutes is amended to read:

AB3,95,12 939.50 (3) (e) For a Class E felony, a fine not to exceed $10,000 $50,000 or imprisonment not to exceed 5 15 years, or both.

AB3, s. 276 Section 276. 939.50 (3) (f) of the statutes is created to read:

AB3,95,15 939.50 (3) (f) For a Class F felony, a fine not to exceed $25,000 or imprisonment not to exceed 12 years and 6 months, or both.

AB3, s. 277 Section 277. 939.50 (3) (g) of the statutes is created to read:

AB3,95,18 939.50 (3) (g) For a Class G felony, a fine not to exceed $25,000 or imprisonment not to exceed 10 years, or both.

AB3, s. 278 Section 278. 939.50 (3) (h) of the statutes is created to read:

AB3,95,21 939.50 (3) (h) For a Class H felony, a fine not to exceed $10,000 or imprisonment not to exceed 6 years, or both.

AB3, s. 279 Section 279. 939.50 (3) (i) of the statutes is created to read:

AB3,95,24 939.50 (3) (i) For a Class I felony, a fine not to exceed $10,000 or imprisonment not to exceed 3 years and 6 months, or both.

AB3, s. 280 Section 280. 939.615 (7) (b) 2. of the statutes is amended to read:

AB3,96,2 939.615 (7) (b) 2. Whoever violates par. (a) is guilty of a Class E I felony if the same conduct that violates par. (a) also constitutes a crime that is a felony.

AB3, s. 281 Section 281. 939.615 (7) (c) of the statutes is repealed.

AB3, s. 282 Section 282. 939.62 (1) (a) of the statutes is amended to read:

AB3,96,6 939.62 (1) (a) A maximum term of imprisonment of one year or less may be increased to not more than 3 2 years.

AB3, s. 283 Section 283. 939.62 (1) (b) of the statutes is amended to read:

AB3,96,11 939.62 (1) (b) A maximum term of imprisonment of more than one year but not more than 10 years may be increased by not more than 2 years if the prior convictions were for misdemeanors and by not more than 6 4 years if the prior conviction was for a felony.

AB3, s. 284 Section 284. 939.62 (1) (c) of the statutes is amended to read:

AB3,96,15 939.62 (1) (c) A maximum term of imprisonment of more than 10 years may be increased by not more than 2 years if the prior convictions were for misdemeanors and by not more than 10 6 years if the prior conviction was for a felony.

AB3, s. 285 Section 285. 939.62 (2m) (a) 2m. a. of the statutes is amended to read:

AB3,96,20 939.62 (2m) (a) 2m. a. Any felony under s. 961.41 (1), (1m) or (1x) if the felony is that is a Class A, B, or C felony or, if the felony was committed before the effective date of this subd. 2m. a. .... [revisor inserts date], that is or was punishable by a maximum prison term of 30 years or more.

AB3, s. 286 Section 286. 939.62 (2m) (a) 2m. b. of the statutes is amended to read:

AB3,97,2 939.62 (2m) (a) 2m. b. Any felony under s. 940.09 (1), 1999 stats., s. 943.23 (1m) or (1r), 1999 stats., s. 948.35 (1) (b) or (c), 1999 stats., or s. 948.36, 1999 stats., or s. 940.01, 940.02, 940.03, 940.05, 940.09 (1) (1c), 940.16, 940.19 (5), 940.195 (5), 940.21, 940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 946.43 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.08, or 948.30 (2), 948.35 (1) (b) or (c) or 948.36.

AB3, s. 287 Section 287. 939.622 of the statutes is repealed.

AB3, s. 288 Section 288. 939.623 (2) of the statutes is amended to read:

AB3,97,11 939.623 (2) If a person has one or more prior convictions for a serious sex crime and subsequently commits a serious sex crime, the court shall impose a bifurcated sentence the person to under s. 973.01. The term of confinement in prison portion of a bifurcated sentence imposed under this subsection may not be less than 5 years' imprisonment 3 years and 6 months, but otherwise the penalties for the crime apply, subject to any applicable penalty enhancement. The court shall may not place the defendant on probation.

AB3, s. 289 Section 289. 939.624 (2) of the statutes is amended to read:

AB3,97,20 939.624 (2) If a person has one or more prior convictions for a serious violent crime or a crime punishable by life imprisonment and subsequently commits a serious violent crime, the court shall impose a bifurcated sentence the person to under s. 973.01. The term of confinement in prison portion of a bifurcated sentence imposed under this subsection may not be less than 5 years' imprisonment 3 years and 6 months, but otherwise the penalties for the crime apply, subject to any applicable penalty enhancement. The court shall may not place the defendant on probation.

AB3, s. 290 Section 290. 939.625 of the statutes is repealed.

AB3, s. 291 Section 291. 939.63 (1) of the statutes is renumbered 939.63, and 939.63 (1) (d), (2) and (3), as renumbered, are amended to read:

AB3,97,25 939.63 (1) (d) The maximum term of imprisonment for a felony not specified in subd. 2. or 3. par (b) or (c) may be increased by not more than 3 years.

AB3,98,3 (2) The increased penalty provided in this subsection section does not apply if possessing, using or threatening to use a dangerous weapon is an essential element of the crime charged.

AB3,98,5 (3) This subsection section applies only to crimes specified under chs. 939 to 951 and 961.

AB3, s. 292 Section 292. 939.63 (2) of the statutes is repealed.

AB3, s. 293 Section 293. 939.632 (1) (e) 1. of the statutes is amended to read:

AB3,98,12 939.632 (1) (e) 1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09 (1) (1c), 940.19 (2), (3), (4) or (5), 940.21, 940.225 (1), (2) or (3), 940.305, 940.31, 941.20, 941.21, 943.02, 943.06, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.055, 948.07, 948.08, or 948.30 (2), 948.35 (1) (b) or (c) or 948.36.

AB3, s. 294 Section 294. 939.632 (2) of the statutes is amended to read:

AB3,98,15 939.632 (2) If a person commits a violent crime in a school zone, the maximum period term of imprisonment is increased as follows:

AB3,98,17 (a) If the violent crime is a felony, the maximum period term of imprisonment is increased by 5 years.

AB3,98,20 (b) If the violent crime is a misdemeanor, the maximum period term of imprisonment is increased by 3 months and the place of imprisonment is the county jail.

AB3, s. 295 Section 295. 939.635 of the statutes is repealed.

AB3, s. 296 Section 296. 939.64 of the statutes is repealed.

AB3, s. 297 Section 297. 939.641 of the statutes is repealed.

AB3, s. 298 Section 298. 939.645 (2) of the statutes is amended to read:

AB3,99,4 939.645 (2) (a) If the crime committed under sub. (1) is ordinarily a misdemeanor other than a Class A misdemeanor, the revised maximum fine is $10,000 and the revised maximum period term of imprisonment is one year in the county jail.

AB3,99,8 (b) If the crime committed under sub. (1) is ordinarily a Class A misdemeanor, the penalty increase under this section changes the status of the crime to a felony and the revised maximum fine is $10,000 and the revised maximum period term of imprisonment is 2 years.

AB3,99,12 (c) If the crime committed under sub. (1) is a felony, the maximum fine prescribed by law for the crime may be increased by not more than $5,000 and the maximum period term of imprisonment prescribed by law for the crime may be increased by not more than 5 years.

AB3, s. 299 Section 299. 939.646 of the statutes is repealed.

AB3, s. 300 Section 300. 939.647 of the statutes is repealed.

AB3, s. 301 Section 301. 939.648 of the statutes is repealed.

AB3, s. 302 Section 302. 939.72 (1) of the statutes is amended to read:

AB3,99,18 939.72 (1) Section 939.30, 948.35 or 948.36 for solicitation and s. 939.05 as a party to a crime which is the objective of the solicitation; or

AB3, s. 303 Section 303. 939.75 (1) of the statutes is amended to read:

AB3,99,24 939.75 (1) In this section and ss. 939.24 (1), 939.25 (1), 940.01 (1) (b), 940.02 (1m), 940.05 (2g) and (2h), 940.06 (2), 940.08 (2), 940.09 (1) (c) to (e), (1b) and (1g) (c) and (d), 940.10 (2), 940.195, 940.23 (1) (b) and (2) (b), 940.24 (2) and 940.25 (1) (c) to (e) and (1b), "unborn child" means any individual of the human species from fertilization until birth that is gestating inside a woman.

AB3, s. 304 Section 304. 940.02 (2) (intro.) of the statutes is amended to read:

AB3,100,2 940.02 (2) (intro.) Whoever causes the death of another human being under any of the following circumstances is guilty of a Class B C felony:

AB3, s. 305 Section 305. 940.03 of the statutes is amended to read:

AB3,100,8 940.03 Felony murder. Whoever causes the death of another human being while committing or attempting to commit a crime specified in s. 940.225 (1) or (2) (a), 943.02, 943.10 (2), 943.23 (1g), or 943.32 (2) may be imprisoned for not more than 20 15 years in excess of the maximum period term of imprisonment provided by law for that crime or attempt.

AB3, s. 306 Section 306. 940.04 (1) of the statutes is amended to read:

AB3,100,12 940.04 (1) Any person, other than the mother, who intentionally destroys the life of an unborn child may be fined not more than $5,000 or imprisoned not more than 3 years or both is guilty of a Class H felony.