AB3: Bill Text

AB3,184,4 971.17 (1) (b) Felonies committed on or after the effective date of this paragraph .... [revisor inserts date]. Except as provided in par. (c), when a defendant is found not guilty by reason of mental disease or mental defect of a felony committed on or after the effective date of this paragraph .... [revisor inserts date], the court shall commit the person to the department of health and family services for a specified period not exceeding the maximum term of confinement in prison that could be imposed on an offender convicted of the same felony, plus imprisonment authorized by any applicable penalty enhancement statutes, subject to the credit provisions of s. 973.155.

AB3, s. 782 Section 782. 971.17 (1) (d) of the statutes is created to read:

AB3,184,12 971.17 (1) (d) Misdemeanors. When a defendant is found not guilty by reason of mental disease or mental defect of a misdemeanor, the court shall commit the person to the department of health and family services for a specified period not exceeding two-thirds of the maximum term of imprisonment that could be imposed against an offender convicted of the same misdemeanor, including imprisonment authorized by any applicable penalty enhancement statutes, subject to the credit provisions of s. 973.155.

AB3, s. 783 Section 783. 971.365 (1) (a) of the statutes is amended to read:

AB3,184,17 971.365 (1) (a) In any case under s. 961.41 (1) (em), 1999 stats., or s. 961.41 (1) (cm), (d), (e), (em), (f), (g) or (h) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

AB3, s. 784 Section 784. 971.365 (1) (b) of the statutes is amended to read:

AB3,184,22 971.365 (1) (b) In any case under s. 961.41 (1m) (em), 1999 stats., or s. 961.41 (1m) (cm), (d), (e), (em), (f), (g) or (h) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

AB3, s. 785 Section 785. 971.365 (1) (c) of the statutes is amended to read:

AB3,185,2 971.365 (1) (c) In any case under s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats., or s. 961.41 (3g) (a) 2. (am), (c), (d), (dm) or (e) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

AB3, s. 786 Section 786. 971.365 (2) of the statutes is amended to read:

AB3,185,9 971.365 (2) An acquittal or conviction under sub. (1) does not bar a subsequent prosecution for any acts in violation of s. 961.41 (1) (em), 1999 stats., s. 961 .41 (1m) (em), 1999 stats., s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats., or s. 961.41 (1) (cm), (d), (e), (em), (f), (g) , or (h), (1m) (cm), (d), (e), (em), (f), (g) , or (h) or (3g) (a) 2. (am), (c), (d), (dm) or (e) on which no evidence was received at the trial on the original charge.

AB3, s. 787 Section 787. 972.15 (2c) of the statutes is amended to read:

AB3,185,15 972.15 (2c) If the defendant is subject to being sentenced under s. 973.01 and he or she satisfies the criteria under s. 302.045 (2) (b) and (c), the person preparing the presentence investigation report shall include in the report a recommendation as to whether the defendant should be eligible for the challenge incarceration program under s. 302.045.

AB3, s. 788 Section 788. 973.01 (1) of the statutes is amended to read:

AB3,185,22 973.01 (1) Bifurcated sentence required. Except as provided in sub. (3), whenever a court sentences a person to imprisonment in the Wisconsin state prisons for a felony committed on or after December 31, 1999, or a misdemeanor committed on or after the effective date of this subsection .... [revisor inserts date], the court shall impose a bifurcated sentence that consists of a term of confinement in prison followed by a term of extended supervision under s. 302.113 this section.

AB3, s. 789 Section 789. 973.01 (2) (intro.) of the statutes is amended to read:

AB3,186,5 973.01 (2) Structure of bifurcated sentences. (intro.) The court shall ensure that a A bifurcated sentence is a sentence that consists of a term of confinement in prison followed by a term of extended supervision under s. 302.113. The total length of a bifurcated sentence equals the length of the term of confinement in prison plus the length of the term of extended supervision. An order imposing a bifurcated sentence imposed under sub. (1) complies this section shall comply with all of the following:

AB3, s. 790 Section 790. 973.01 (2) (a) of the statutes is amended to read:

AB3,186,12 973.01 (2) (a) Total length of bifurcated sentence. Except as provided in par. (c), the total length of the bifurcated sentence may not exceed the maximum period of imprisonment for the specified in s. 939.50 (3), if the crime is a classified felony, or the maximum term of imprisonment provided by statute for the crime, if the crime is not a classified felony, plus additional imprisonment authorized by any applicable penalty enhancement statutes.

AB3, s. 791 Section 791. 973.01 (2) (b) (intro.) of the statutes is amended to read:

AB3,186,18 973.01 (2) (b) Imprisonment Confinement portion of bifurcated sentence. (intro.) The portion of the bifurcated sentence that imposes a term of confinement in prison may not be less than one year, subject to any minimum sentence prescribed for the felony, and, except as provided in par. (c), may not exceed is subject to whichever of the following limits is applicable:

AB3, s. 792 Section 792. 973.01 (2) (b) 2. of the statutes is repealed.

AB3, s. 793 Section 793. 973.01 (2) (b) 3. of the statutes is amended to read:

AB3,186,22 973.01 (2) (b) 3. For a Class C felony, the term of confinement in prison may not exceed 10 25 years.

AB3, s. 794 Section 794. 973.01 (2) (b) 4. of the statutes is amended to read:

AB3,186,25 973.01 (2) (b) 4. For a Class D felony, the term of confinement in prison may not exceed 5 15 years.

AB3, s. 795 Section 795. 973.01 (2) (b) 5. of the statutes is amended to read:

AB3,187,3 973.01 (2) (b) 5. For a Class E felony, the term of confinement in prison may not exceed 2 10 years.

AB3, s. 796 Section 796. 973.01 (2) (b) 6. of the statutes is renumbered 973.01 (2) (b) 10. (intro.) and amended to read:

AB3,187,8 973.01 (2) (b) 10. (intro.) For any felony crime other than a felony specified in subds. 1. to 5. one of the following, the term of confinement in prison may not exceed 75% of the total length of the bifurcated sentence.:

AB3, s. 797 Section 797. 973.01 (2) (b) 6m. of the statutes is created to read:

AB3,187,11 973.01 (2) (b) 6m. For a Class F felony, the term of confinement in prison may not exceed 7 years and 6 months.

AB3, s. 798 Section 798. 973.01 (2) (b) 7. of the statutes is created to read:

AB3,187,14 973.01 (2) (b) 7. For a Class G felony, the term of confinement in prison may not exceed 5 years.

AB3, s. 799 Section 799. 973.01 (2) (b) 8. of the statutes is created to read:

AB3,187,17 973.01 (2) (b) 8. For a Class H felony, the term of confinement in prison may not exceed 3 years.

AB3, s. 800 Section 800. 973.01 (2) (b) 9. of the statutes is created to read:

AB3,187,20 973.01 (2) (b) 9. For a Class I felony, the term of confinement in prison may not exceed one year and 6 months.

AB3, s. 801 Section 801. 973.01 (2) (b) 10. a. and b. of the statutes are created to read:

AB3,187,22 973.01 (2) (b) 10. a. A felony specified in subds. 1. to 9.

AB3,187,24 b. An attempt to commit a classified felony if the attempt is punishable under s. 939.32 (1) (intro.).

AB3, s. 802 Section 802. 973.01 (2) (c) of the statutes is renumbered 973.01 (2) (c) 1. and amended to read:

AB3,188,8 973.01 (2) (c) 1. The Subject to the minimum period of extended supervision required under par. (d), the maximum term of confinement in prison specified in par. (b) may be increased by any applicable penalty enhancement statute. If the maximum term of confinement in prison specified in par. (b) is increased under this paragraph, the total length of the bifurcated sentence that may be imposed is increased by the same amount.

AB3, s. 803 Section 803. 973.01 (2) (c) 2. of the statutes is created to read:

AB3,188,12 973.01 (2) (c) 2. If more than one of the following penalty enhancement statutes apply to a crime, the court shall apply them in the order listed in calculating the maximum term of imprisonment for that crime:

AB3,188,13 a. Sections 939.621, 939.632, 939.645, 961.46, and 961.49.

AB3,188,14 b. Section 939.63.

AB3,188,15 c. Section 939.62 (1) or 961.48.

AB3, s. 804 Section 804. 973.01 (2) (d) of the statutes is renumbered 973.01 (2) (d) (intro.) and amended to read:

AB3,188,22 973.01 (2) (d) Minimum and maximum term of extended supervision. (intro.) The term of extended supervision that follows the term of confinement in prison may not be less than 25% of the length of the term of confinement in prison imposed under par. (b). and, for a classified felony, is subject to whichever of the following limits is applicable:

AB3, s. 805 Section 805. 973.01 (2) (d) 1. to 6. of the statutes are created to read:

AB3,188,25 973.01 (2) (d) 1. For a Class B felony, the term of extended supervision may not exceed 20 years.

AB3,189,2 2. For a Class C felony, the term of extended supervision may not exceed 15 years.

AB3,189,4 3. For a Class D felony, the term of extended supervision may not exceed 10 years.

AB3,189,6 4. For a Class E, F, or G felony, the term of extended supervision may not exceed 5 years.

AB3,189,8 5. For a Class H felony, the term of extended supervision may not exceed 3 years.

AB3,189,9 6. For a Class I felony, the term of extended supervision may not exceed 2 years.

AB3, s. 806 Section 806. 973.01 (4) of the statutes is amended to read:

AB3,189,15 973.01 (4) No good time; extension or reduction of term of imprisonment. A person sentenced to a bifurcated sentence under sub. (1) shall serve the term of confinement in prison portion of the sentence without reduction for good behavior. The term of confinement in prison portion is subject to extension under s. 302.113 (3) and, if applicable, to reduction under s. 302.045 (3m), or 302.113 (9g).

AB3, s. 807 Section 807. 973.01 (6) of the statutes is amended to read:

AB3,189,18 973.01 (6) No parole. A person serving a bifurcated sentence imposed under sub. (1) is not eligible for release on parole under that sentence.

AB3, s. 808 Section 808. 973.0135 (1) (b) 2. of the statutes is amended to read:

AB3,189,25 973.0135 (1) (b) 2. 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., 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. 809 Section 809. 973.017 of the statutes is created to read:

AB3,190,7 973.017 Bifurcated sentences; use of guidelines; consideration of aggravating and mitigating factors. (1) Definition. In this section, "sentencing decision" means a decision as to whether to impose a bifurcated sentence under s. 973.01 or place a person on probation and a decision as to the length of a bifurcated sentence, including the length of each component of the bifurcated sentence, the amount of a fine, and the length of a term of probation.

AB3,190,11 (2) General requirement. When a court makes a sentencing decision concerning a person convicted of a criminal offense committed on or after the effective date of this subsection .... [revisor inserts date], the court shall consider all of the following:

AB3,190,16 (a) If the offense is a felony, the sentencing guidelines adopted by the sentencing commission under s. 973.30 or, if the sentencing commission has not adopted a guideline for the offense, any applicable temporary sentencing guideline adopted by the criminal penalties study committee created under 1997 Wisconsin Act 283.

AB3,190,18 (b) Any applicable mitigating factors and any applicable aggravating factors, including the aggravating factors specified in subs. (3) to (8).

AB3,190,20 (3) Aggravating factors; generally. When making a sentencing decision for any crime, the court shall consider all of the following as aggravating factors:

AB3,190,23 (a) The fact that the person committed the crime while his or her usual appearance was concealed, disguised, or altered, with the intent to make it less likely that he or she would be identified with the crime.

AB3,190,25 (b) The fact that the person committed the crime using information that was disclosed to him or her under s. 301.46.

AB3,191,4 (c) The fact that the person committed the crime for the benefit of, at the direction of, or in association with any criminal gang, as defined in s. 939.22 (9), with the specific intent to promote, further, or assist in any criminal conduct by criminal gang members, as defined in s. 939.22 (9g).

AB3,191,7 (d) The fact that the person committed the felony while wearing a vest or other garment designed, redesigned, or adapted to prevent bullets from penetrating the garment.

AB3,191,11 (e) 1. Subject to subd. 2., the fact that the person committed the felony with the intent to influence the policy of a governmental unit or to punish a governmental unit for a prior policy decision, if any of the following circumstances also applies to the felony committed by the person:

AB3,191,12 a. The person caused bodily harm, great bodily harm, or death to another.

AB3,191,16 b. The person caused damage to the property of another and the total property damaged is reduced in value by $25,000 or more. For the purposes of this subd. 1. b., property is reduced in value by the amount that it would cost either to repair or to replace it, whichever is less.

AB3,191,17 c. The person used force or violence or the threat of force or violence.

AB3,191,22 2. a. In this subdivision, "labor dispute" includes any controversy concerning terms, tenure, or conditions of employment or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.

AB3,191,24 b. Subdivision 1. does not apply to conduct arising out of or in connection with a labor dispute.

AB3,192,2 (4) Aggravating factors; serious sex crimes committed while infected with certain diseases. (a) In this subsection:

AB3,192,4 1. "HIV" means any strain of human immunodeficiency virus, which causes acquired immunodeficiency syndrome.

AB3,192,6 2. "Serious sex crime" means a violation of s. 940.225 (1) or (2), 948.02 (1) or (2), or 948.025.

AB3,192,8 3. "Sexually transmitted disease" means syphilis, gonorrhea, hepatitis B, hepatitis C, or chlamydia.

AB3,192,11 4. "Significantly exposed" means sustaining a contact which carries a potential for transmission of a sexually transmitted disease or HIV by one or more of the following:

AB3,192,14 a. Transmission, into a body orifice or onto mucous membrane, of blood; semen; vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial, or amniotic fluid; or other body fluid that is visibly contaminated with blood.

AB3,192,18 b. Exchange, during the accidental or intentional infliction of a penetrating wound, including a needle puncture, of blood; semen; vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial, or amniotic fluid; or other body fluid that is visibly contaminated with blood.

AB3,192,22 c. Exchange, into an eye, an open wound, an oozing lesion, or other place where a significant breakdown in the epidermal barrier has occurred, of blood; semen; vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial, or amniotic fluid; or other body fluid that is visibly contaminated with blood.

AB3,192,25 (b) When making a sentencing decision concerning a person convicted of a serious sex crime, the court shall consider as an aggravating factor the fact that the serious sex crime was committed under all of the following circumstances:

AB3,193,4 1. At the time that he or she committed the serious sex crime, the person convicted of committing the serious sex crime had a sexually transmitted disease or acquired immunodeficiency syndrome or had had a positive test for the presence of HIV, antigen, or nonantigenic products of HIV or an antibody to HIV.