AB3,187,2019
973.01
(2) (b) 9. For a Class I felony, the term of confinement in prison may not
20exceed one year and 6 months.
AB3, s. 801
21Section
801. 973.01 (2) (b) 10. a. and b. of the statutes are created to read:
AB3,187,2222
973.01
(2) (b) 10. a. A felony specified in subds. 1. to 9.
AB3,187,2423
b. An attempt to commit a classified felony if the attempt is punishable under
24s. 939.32 (1) (intro.).
AB3, s. 802
1Section
802. 973.01 (2) (c) of the statutes is renumbered 973.01 (2) (c) 1. and
2amended to read:
AB3,188,83
973.01
(2) (c) 1.
The Subject to the minimum period of extended supervision
4required under par. (d), the maximum term of confinement in prison specified in par.
5(b) may be increased by any applicable penalty enhancement
statute. If the
6maximum term of confinement in prison specified in par. (b) is increased under this
7paragraph, the total length of the bifurcated sentence that may be imposed is
8increased by the same amount.
AB3, s. 803
9Section
803. 973.01 (2) (c) 2. of the statutes is created to read:
AB3,188,1210
973.01
(2) (c) 2. If more than one of the following penalty enhancement statutes
11apply to a crime, the court shall apply them in the order listed in calculating the
12maximum term of imprisonment for that crime:
AB3,188,1313
a. Sections 939.621, 939.632, 939.645, 961.46, and 961.49.
AB3,188,1414
b. Section 939.63.
AB3,188,1515
c. Section 939.62 (1) or 961.48.
AB3, s. 804
16Section
804. 973.01 (2) (d) of the statutes is renumbered 973.01 (2) (d) (intro.)
17and amended to read:
AB3,188,2218
973.01
(2) (d)
Minimum and maximum term of extended supervision. (intro.)
19The term of extended supervision
that follows the term of confinement in prison may
20not be less than 25% of the length of the term of confinement in prison imposed under
21par. (b)
. and, for a classified felony, is subject to whichever of the following limits is
22applicable:
AB3, s. 805
23Section
805. 973.01 (2) (d) 1. to 6. of the statutes are created to read:
AB3,188,2524
973.01
(2) (d) 1. For a Class B felony, the term of extended supervision may not
25exceed 20 years.
AB3,189,2
12. For a Class C felony, the term of extended supervision may not exceed 15
2years.
AB3,189,43
3. For a Class D felony, the term of extended supervision may not exceed 10
4years.
AB3,189,65
4. For a Class E, F, or G felony, the term of extended supervision may not exceed
65 years.
AB3,189,87
5. For a Class H felony, the term of extended supervision may not exceed 3
8years.
AB3,189,99
6. For a Class I felony, the term of extended supervision may not exceed 2 years.
AB3, s. 806
10Section
806. 973.01 (4) of the statutes is amended to read:
AB3,189,1511
973.01
(4) No good time; extension or reduction of term of imprisonment. A
12person sentenced to a bifurcated sentence under sub. (1) shall serve the term of
13confinement in prison portion of the sentence without reduction for good behavior.
14The term of confinement in prison portion is subject to extension under s. 302.113 (3)
15and, if applicable, to reduction under s. 302.045 (3m)
, or 302.113 (9g).
AB3, s. 807
16Section
807. 973.01 (6) of the statutes is amended to read:
AB3,189,1817
973.01
(6) No parole. A person serving a bifurcated sentence imposed under
18sub. (1) is not eligible for release on parole
under that sentence.
AB3, s. 808
19Section
808. 973.0135 (1) (b) 2. of the statutes is amended to read:
AB3,189,2520
973.0135
(1) (b) 2. Any felony under
s. 940.09 (1), 1999 stats., s. 943.23 (1m)
21or (1r), 1999 stats., s. 948.35 (1) (b) or (c), 1999 stats., or s. 948.36, 1999 stats., s.
22940.01, 940.02, 940.03, 940.05, 940.09
(1) (1c), 940.16, 940.19 (5), 940.195 (5), 940.21,
23940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g),
24(1m) or (1r), 943.32 (2), 946.43 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c),
25948.05, 948.06, 948.07, 948.08,
or 948.30 (2)
, 948.35 (1) (b) or (c) or 948.36.
AB3, s. 809
1Section
809. 973.017 of the statutes is created to read:
AB3,190,7
2973.017 Bifurcated sentences; use of guidelines; consideration of
3aggravating and mitigating factors. (1) Definition. In this section, "sentencing
4decision" means a decision as to whether to impose a bifurcated sentence under s.
5973.01 or place a person on probation and a decision as to the length of a bifurcated
6sentence, including the length of each component of the bifurcated sentence, the
7amount of a fine, and the length of a term of probation.
AB3,190,11
8(2) General requirement. When a court makes a sentencing decision
9concerning a person convicted of a criminal offense committed on or after the
10effective date of this subsection .... [revisor inserts date], the court shall consider all
11of the following:
AB3,190,1612
(a) If the offense is a felony, the sentencing guidelines adopted by the
13sentencing commission under s. 973.30 or, if the sentencing commission has not
14adopted a guideline for the offense, any applicable temporary sentencing guideline
15adopted by the criminal penalties study committee created under
1997 Wisconsin
16Act 283.
AB3,190,1817
(b) Any applicable mitigating factors and any applicable aggravating factors,
18including the aggravating factors specified in subs. (3) to (8).
AB3,190,20
19(3) Aggravating factors; generally. When making a sentencing decision for
20any crime, the court shall consider all of the following as aggravating factors:
AB3,190,2321
(a) The fact that the person committed the crime while his or her usual
22appearance was concealed, disguised, or altered, with the intent to make it less likely
23that he or she would be identified with the crime.
AB3,190,2524
(b) The fact that the person committed the crime using information that was
25disclosed to him or her under s. 301.46.
AB3,191,4
1(c) The fact that the person committed the crime for the benefit of, at the
2direction of, or in association with any criminal gang, as defined in s. 939.22 (9), with
3the specific intent to promote, further, or assist in any criminal conduct by criminal
4gang members, as defined in s. 939.22 (9g).
AB3,191,75
(d)
The fact that the person committed the felony while wearing a vest or other
6garment designed, redesigned, or adapted to prevent bullets from penetrating the
7garment.
AB3,191,118
(e) 1. Subject to subd. 2., the fact that the person committed the felony with the
9intent to influence the policy of a governmental unit or to punish a governmental unit
10for a prior policy decision, if any of the following circumstances also applies to the
11felony committed by the person:
AB3,191,1212
a. The person caused bodily harm, great bodily harm, or death to another.
AB3,191,1613
b. The person caused damage to the property of another and the total property
14damaged is reduced in value by $25,000 or more. For the purposes of this subd. 1.
15b., property is reduced in value by the amount that it would cost either to repair or
16to replace it, whichever is less.
AB3,191,1717
c. The person used force or violence or the threat of force or violence.
AB3,191,2218
2. a. In this subdivision, "labor dispute" includes any controversy concerning
19terms, tenure, or conditions of employment or concerning the association or
20representation of persons in negotiating, fixing, maintaining, changing, or seeking
21to arrange terms or conditions of employment, regardless of whether the disputants
22stand in the proximate relation of employer and employee.
AB3,191,2423
b. Subdivision 1. does not apply to conduct arising out of or in connection with
24a labor dispute.
AB3,192,2
1(4) Aggravating factors; serious sex crimes committed while infected with
2certain diseases. (a) In this subsection:
AB3,192,43
1. "HIV" means any strain of human immunodeficiency virus, which causes
4acquired immunodeficiency syndrome.
AB3,192,65
2. "Serious sex crime" means a violation of s. 940.225 (1) or (2), 948.02 (1) or (2),
6or 948.025.
AB3,192,87
3. "Sexually transmitted disease" means syphilis, gonorrhea, hepatitis B,
8hepatitis C, or chlamydia.
AB3,192,119
4. "Significantly exposed" means sustaining a contact which carries a potential
10for transmission of a sexually transmitted disease or HIV by one or more of the
11following:
AB3,192,1412
a. Transmission, into a body orifice or onto mucous membrane, of blood; semen;
13vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial, or
14amniotic fluid; or other body fluid that is visibly contaminated with blood.
AB3,192,1815
b. Exchange, during the accidental or intentional infliction of a penetrating
16wound, including a needle puncture, of blood; semen; vaginal secretions;
17cerebrospinal, synovial, pleural, peritoneal, pericardial, or amniotic fluid; or other
18body fluid that is visibly contaminated with blood.
AB3,192,2219
c. Exchange, into an eye, an open wound, an oozing lesion, or other place where
20a significant breakdown in the epidermal barrier has occurred, of blood; semen;
21vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial, or
22amniotic fluid; or other body fluid that is visibly contaminated with blood.
AB3,192,2523
(b) When making a sentencing decision concerning a person convicted of a
24serious sex crime, the court shall consider as an aggravating factor the fact that the
25serious sex crime was committed under all of the following circumstances:
AB3,193,4
11. At the time that he or she committed the serious sex crime, the person
2convicted of committing the serious sex crime had a sexually transmitted disease or
3acquired immunodeficiency syndrome or had had a positive test for the presence of
4HIV, antigen, or nonantigenic products of HIV or an antibody to HIV.
AB3,193,95
2. At the time that he or she committed the serious sex crime, the person
6convicted of committing the serious sex crime knew that he or she had a sexually
7transmitted disease or acquired immunodeficiency syndrome or that he or she had
8had a positive test for the presence of HIV, antigen, or nonantigenic products of HIV
9or an antibody to HIV.
AB3,193,1210
3. The victim of the serious sex crime was significantly exposed to HIV or to the
11sexually transmitted disease, whichever is applicable, by the acts constituting the
12serious sex crime.
AB3,193,14
13(5) Aggravating factors; violent felony committed against elder person. (a)
14In this subsection:
AB3,193,1515
1. "Elder person" means any individual who is 62 years of age or older.
AB3,193,1716
2. "Violent felony" means any felony under s. 940.19 (2), (4), (5), or (6), 940.225
17(1), (2), or (3), 940.23, or 943.32.
AB3,193,2118
(b) When making a sentencing decision concerning a person convicted of a
19violent felony, the court shall consider as an aggravating factor the fact that the
20victim of the violent felony was an elder person. This paragraph applies even if the
21person mistakenly believed that the victim had not attained the age of 62 years.
AB3,194,3
22(6) Aggravating factors; child sexual assault or child abuse by certain
23persons. (a) In this subsection, "person responsible for the welfare the child"
24includes the child's parent, stepparent, guardian, foster parent, or treatment foster
25parent; an employee of a public or private residential home, institution, or agency;
1any other person legally responsible for the child's welfare in a residential setting;
2or a person employed by one who is legally responsible for the child's welfare to
3exercise temporary control or care for the child.
AB3,194,74
(b) When making a sentencing decision concerning a person convicted of a
5violation of s. 948.02 (1) or (2), 948.025 (1), or 948.03 (2) or (3), the court shall consider
6as an aggravating factor the fact that the person was a person responsible for the
7welfare of the child who was the victim of the violation.
AB3,194,12
8(7) Aggravating factors; homicide or injury by intoxicated use of a vehicle.
9When making a sentencing decision concerning a person convicted of a violation of
10s. 940.09 (1) or 940.25 (1), the court shall consider as an aggravating factor the fact
11that, at the time of the violation, there was a minor passenger under 16 years of age
12or an unborn child in the person's motor vehicle.
AB3,194,15
13(8) Aggravating factors; controlled substances offenses. (a)
Distribution
14or delivery to prisoners. 1. In this paragraph, "precinct" means a place where any
15activity is conducted by a prison, jail, or house of correction.
AB3,194,2016
2. When making a sentencing decision concerning a person convicted of
17violating s. 961.41 (1) or (1m), the court shall consider as an aggravating factor the
18fact that the violation involved delivering, distributing, or possessing with intent to
19deliver or distribute a controlled substance or controlled substance analog to a
20prisoner within the precincts of any prison, jail, or house of correction.
AB3,195,221
(b)
Distribution or delivery on public transit vehicles. When making a
22sentencing decision concerning a person convicted of violating s. 961.41 (1) or (1m),
23the court shall consider as an aggravating factor the fact that the violation involved
24delivering, distributing, or possessing with intent to deliver or distribute a controlled
25substance included in schedule I or II or a controlled substance analog of any
1controlled substance included in schedule I or II and that the person knowingly used
2a public transit vehicle during the violation.
AB3,195,7
3(9) Aggravating factors not an element of the crime. The aggravating factors
4listed in this section are not elements of any crime. A prosecutor is not required to
5charge any aggravating factor or otherwise allege the existence of an aggravating
6factor in any pleading for a court to consider the aggravating factor when making a
7sentencing decision.
AB3,195,16
8(10) Use of guidelines; no right to or basis for appeal. The requirement
9under sub. (2) (a) that a court consider sentencing guidelines adopted by the
10sentencing commission or the criminal penalties study committee does not require
11a court to make a sentencing decision that is within any range or consistent with a
12recommendation specified in the guidelines, and there is no right to appeal a court's
13sentencing decision based on the court's decision to depart in any way from any
14guideline. In any appeal from a court's sentencing decision, the appellate court may
15reverse the sentencing decision only if it determines that the sentencing court
16erroneously exercised its discretion in making the sentencing decision.
AB3, s. 810
17Section
810. 973.03 (3) (e) 1. and 2. of the statutes are amended to read:
AB3,195,1818
973.03
(3) (e) 1. A crime which is a Class A
or, B
, or C felony.
AB3,195,2019
2. A crime which is a Class
C D, E, F, or G felony listed in s. 969.08 (10) (b), but
20not including any crime specified in s. 943.10.
AB3, s. 811
21Section
811. 973.03 (3) (e) 3. of the statutes is repealed.
AB3, s. 812
22Section
812. 973.032 (4) (c) 2. of the statutes is amended to read:
AB3,195,2523
973.032
(4) (c) 2. The person is sentenced for the escape
under s. 946.42 (4) (b) 24to a sentence of imprisonment concurrent with the sentence to the intensive
25sanctions program.
AB3, s. 813
1Section
813. 973.09 (2) (b) 1. of the statutes is amended to read:
AB3,196,42
973.09
(2) (b) 1. Except as provided in subd. 2., for felonies, not less than one
3year nor more than either the
statutory maximum term of
imprisonment 4confinement in prison for the crime or 3 years, whichever is greater.
AB3, s. 814
5Section
814. 973.15 (2m) of the statutes is created to read:
AB3,196,66
973.15
(2m) (a)
Definitions. In this subsection:
AB3,196,97
1. "Determinate sentence" means a bifurcated sentence imposed under s.
8973.01 or a life sentence under which a person is eligible for release to extended
9supervision under s. 973.014 (1g) (a) 1. or 2.
AB3,196,1110
2. "Indeterminate sentence" means a sentence to the Wisconsin state prisons
11other than one of the following:
AB3,196,1212
a. A determinate sentence.
AB3,196,1413
b. A sentence under which the person is not eligible for release on parole under
14s. 939.62 (2m) (c) or 973.014 (1) (c).
AB3,196,1915
3. "Period of confinement in prison," with respect to any sentence to the
16Wisconsin state prisons, means any time during which a person is incarcerated
17under that sentence, including any extensions imposed under s. 302.11 (3), 302.113
18(3), or 302.114 (3) and any period of confinement in prison required to be served under
19s. 302.11 (7) (am), 302.113 (9) (am), or 302.114 (9) (am).
AB3,196,2420
(b)
Determinate sentences imposed to run concurrent with or consecutive to
21determinate sentences. 1. If a court provides that a determinate sentence is to run
22concurrent with another determinate sentence, the person sentenced shall serve the
23periods of confinement in prison under the sentences concurrently and the terms of
24extended supervision under the sentences concurrently.
AB3,197,5
12. If a court provides that a determinate sentence is to run consecutive to
2another determinate sentence, the person sentenced shall serve the periods of
3confinement in prison under the sentences consecutively and the terms of extended
4supervision under the sentences consecutively and in the order in which the
5sentences have been pronounced.
AB3,197,126
(c)
Determinate sentences imposed to run concurrent with or consecutive to
7indeterminate sentences. 1. If a court provides that a determinate sentence is to run
8concurrent with an indeterminate sentence, the person sentenced shall serve the
9period of confinement in prison under the determinate sentence concurrent with the
10period of confinement in prison under the indeterminate sentence and the term of
11extended supervision under the determinate sentence concurrent with the parole
12portion of the indeterminate sentence.
AB3,197,1813
2. If a court provides that a determinate sentence is to run consecutive to an
14indeterminate sentence, the person sentenced shall serve the period of confinement
15in prison under the determinate sentence consecutive to the period of confinement
16in prison under the indeterminate sentence and
the parole portion of the
17indeterminate sentence
consecutive to the term of extended supervision under the
18determinate sentence.
AB3,197,2519
(d)
Indeterminate sentences imposed to run concurrent with or consecutive to
20determinate sentences. 1. If a court provides that an indeterminate sentence is to run
21concurrent with a determinate sentence, the person sentenced shall serve the period
22of confinement in prison under the indeterminate sentence concurrent with the
23period of confinement in prison under the determinate sentence and the parole
24portion of the indeterminate sentence concurrent with the term of extended
25supervision required under the determinate sentence.
AB3,198,6
12. If a court provides that an indeterminate sentence is to run consecutive to
2a determinate sentence, the person sentenced shall serve the period of confinement
3in prison under the indeterminate sentence consecutive to the period of confinement
4in prison under the determinate sentence and the parole portion of the
5indeterminate sentence consecutive to the term of extended supervision under the
6determinate sentence.
AB3,198,127
(e)
Revocation in multiple sentence cases. If a person is serving concurrent
8determinate sentences and extended supervision is revoked in each case, or if a
9person is serving a determinate sentence concurrent with an indeterminate sentence
10and both extended supervision and parole are revoked, the person shall concurrently
11serve any periods of confinement in prison required under those sentences under s.
12302.11 (7) (am), 302.113 (9) (am), or 302.114 (9) (am).
AB3, s. 815
13Section
815. 973.155 (1) (b) of the statutes is amended to read: