JR2 AB1: Bill Text

AB1,214,17 221.0625 (2) Penalty. (intro.) An officer or director of a bank who, in violation of this section, directly or indirectly does any of the following may be imprisoned for not more than 15 years is guilty of a Class F felony:

AB1, s. 355 Section 355. 221.0636 (2) of the statutes is amended to read:

AB1,214,20 221.0636 (2) Penalty. Any person who violates sub. (1) may be imprisoned for not more than 30 years is guilty of a Class H felony.

AB1, s. 356 Section 356. 221.0637 (2) of the statutes is amended to read:

AB1,214,24 221.0637 (2) Penalties. Any person who violates sub. (1) may be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class I felony.

AB1, s. 357 Section 357. 221.1004 (2) of the statutes is amended to read:

AB1,215,3 221.1004 (2) Penalties. Any person who violates sub. (1) may be fined not less than $1,000 nor more than $5,000 or imprisoned for not less than one year nor more than 15 years or both is guilty of a Class F felony.

AB1, s. 358 Section 358. 224.30 (2) of the statutes is repealed.

AB1, s. 359 Section 359. 227.01 (13) (sm) of the statutes is created to read:

AB1,215,6 227.01 (13) (sm) Establishes sentencing guidelines under s. 973.30 (1) (c).

AB1, s. 360 Section 360. 227.118 of the statutes is created to read:

AB1,215,19 227.118 Economic impact of administrative rules. (1) When an agency proposes a rule that may have an economic impact on a private person or a political subdivision of the state, the department of administration shall prepare an economic impact assessment of the proposed rule before the rule is submitted to the legislative council staff under s. 227.15. The economic impact assessment shall evaluate the costs and benefits of complying with the proposed rule and the potential impact of the proposed rule on the policy decisions of private persons and political subdivisions of the state. The economic impact assessment shall describe alternatives to the proposed rule that will reduce any negative impact on private persons and political subdivisions of the state. The preparation of an economic impact assessment under this section does not eliminate the responsibility to comply with other sections of this chapter, including ss. 227.114 and 227.115.

AB1,215,23 (2) The department of administration shall submit a copy of any economic impact assessment prepared under sub. (1) to the agency that prepared the proposed rule and to the legislative council staff at the same time that the agency submits the proposed rule to the legislative council staff under s. 227.15.

AB1, s. 361 Section 361. 227.19 (3) (intro.) of the statutes is amended to read:

AB1,216,5 227.19 (3) Form of report. (intro.) The report required under sub. (2) shall be in writing and shall include the proposed rule in the form specified in s. 227.14 (1), the material specified in s. 227.14 (2) to (4), a copy of the economic impact assessment received under s. 227.118 (2), a copy of any recommendations of the legislative council staff and an analysis. The analysis shall include:

AB1, s. 362 Section 362. 227.19 (3) (f) of the statutes is created to read:

AB1,216,9 227.19 (3) (f) If an economic impact assessment regarding the proposed rule was submitted with the report, an explanation of what changes, if any, that were made in the proposed rule in response to that assessment.

AB1, s. 363 Section 363. 230.08 (2) (L) 6. of the statutes is created to read:

AB1,216,11 230.08 (2) (L) 6. Sentencing commission.

AB1, s. 364 Section 364. 230.08 (2) (of) of the statutes is created to read:

AB1,216,13 230.08 (2) (of) The executive director of the sentencing commission.

AB1, s. 365 Section 365. 230.08 (2) (qm) of the statutes is created to read:

AB1,216,16 230.08 (2) (qm) The grants management specialist in the department of commerce.

AB1, s. 366 Section 366. 234.165 (2) (c) (intro.) of the statutes is amended to read:

AB1,216,20 234.165 (2) (c) (intro.) Surplus Except as provided in sub. (3), surplus may be expended or encumbered only in accordance with the plan approved under par. (b), except that the authority may transfer from one plan category to another:

AB1, s. 367 Section 367. 234.165 (3) of the statutes is created to read:

AB1,217,3 234.165 (3) For the purpose of housing grants and loans under s. 16.33 and housing organization grants under s. 16.336, in fiscal year 2001-02 the authority shall transfer to the department of administration $1,500,000 of its surplus and in fiscal year 2002-03 and every fiscal year thereafter the authority shall transfer to the department of administration $3,300,300 of its surplus. The department of administration shall credit all moneys transferred under this subsection to the appropriation account under s. 20.505 (7) (j).

AB1, s. 368 Section 368. 250.15 of the statutes is repealed.

AB1, s. 369 Section 369. 253.06 (4) (b) of the statutes is amended to read:

AB1,217,10 253.06 (4) (b) A person who violates any provision of this subsection may be fined not more than $10,000 or imprisoned for not more than 3 years, or both, is guilty of a Class I felony for the first offense and may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months, or both, is guilty of a Class H felony for the 2nd or subsequent offense.

AB1, s. 370 Section 370. 285.87 (2) (b) of the statutes is amended to read:

AB1,217,16 285.87 (2) (b) If the conviction under par. (a) is for a violation committed after another conviction under par. (a), the person shall is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not more than $50,000 per day of violation or imprisoned for not more than 3 years or both.

AB1, s. 371 Section 371. 291.97 (2) (b) (intro.) of the statutes is amended to read:

AB1,217,21 291.97 (2) (b) (intro.) Any person who wilfully does any of the following shall is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not less than $1,000 nor more than $100,000 or imprisoned for not more than 7 years and 6 months or both:

AB1, s. 372 Section 372. 291.97 (2) (c) 1. and 2. of the statutes are amended to read:

AB1,218,2 291.97 (2) (c) 1. For a 2nd or subsequent violation under par. (a), a person shall is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not less than $1,000 nor more than $50,000 or imprisoned for not more than 2 years or both.

AB1,218,6 2. For a 2nd or subsequent violation under par. (b), a person shall is guilty of a Class F felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (f), the person may be fined not less than $5,000 nor more than $150,000 or imprisoned for not more than 15 years or both.

AB1, s. 373 Section 373. 299.53 (4) (c) 2. of the statutes is amended to read:

AB1,218,13 299.53 (4) (c) 2. Any person who intentionally makes any false statement or representation in complying with sub. (2) (a) shall be fined not more than $25,000 or imprisoned for not more than one year in the county jail or both. For a 2nd or subsequent violation, the person shall is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not more than $50,000 or imprisoned for not more than 3 years or both.

AB1, s. 374 Section 374. 301.03 (11) of the statutes is repealed.

AB1, s. 375 Section 375. 301.035 (2) of the statutes is amended to read:

AB1,218,18 301.035 (2) Assign hearing examiners from the division to preside over hearings under ss. 302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10 and 975.10 (2) and ch. 304.

AB1, s. 376 Section 376. 301.035 (4) of the statutes is amended to read:

AB1,218,23 301.035 (4) Supervise employees in the conduct of the activities of the division and be the administrative reviewing authority for decisions of the division under ss. 302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10, 973.155 (2) and 975.10 (2) and ch. 304.

AB1, s. 377 Section 377. 301.048 (2) (bm) 1. a. of the statutes is amended to read:

AB1,219,9 301.048 (2) (bm) 1. a. A crime specified in s. 940.19 (3), 1999 stats., s. 940.195 (3), 1999 stats., s. 943.23 (1m), 1999 stats., or s. 943.23 (1r), 1999 stats., or s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (3), (4) or (5), 940.195 (3), (4) or (5), 940.20, 940.201, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.285 (2) (a) 1. or 2., 940.29, 940.295 (3) (b) 1g., 1m., 1r., 2., or 3., 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.30, 943.32, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07, 948.08, or 948.30.

AB1, s. 378 Section 378. 301.26 (4) (cm) 1. of the statutes is amended to read:

AB1,219,24 301.26 (4) (cm) 1. Notwithstanding pars. (a), (b) and (bm), the department shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing secured correctional facilities, secured child caring institutions, alternate care providers, aftercare supervision providers and corrective sanctions supervision providers for costs incurred beginning on July 1, 1996, for the care of any juvenile 14 years of age or over who has been placed in a secured correctional facility based on a delinquent act that is a violation of s. 943.23 (1m) or (1r), 1999 stats., s. 948.35, 1999 stats., or s. 948.36, 1999 stats., or s. 939.31, 939.32 (1) (a), 940.03, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, (1), or 948.30 (2), 948.35 (1) (b) or 948.36 and for the care of any juvenile 10 years of age or over who has been placed in a secured correctional facility or secured child caring institution for attempting or committing a violation of s. 940.01 or for committing a violation of s. 940.02 or 940.05.

AB1, s. 379 Section 379. 301.45 (6) (a) 2. of the statutes is amended to read:

AB1,220,6 301.45 (6) (a) 2. For a 2nd or subsequent offense, the person may be fined not more than $10,000 or imprisoned for not more than 5 years or both is guilty of a Class H felony. For purposes of this subdivision, an offense is a 2nd or subsequent offense if, prior to committing the offense, the person has at any time been convicted of knowingly failing to comply with any requirement to provide information under subs. (2) to (4).

AB1, s. 380 Section 380. 302.045 (3) of the statutes is amended to read:

AB1,220,15 302.045 (3) Parole eligibility. Except as provided in sub. (4), if the department determines that an inmate serving a sentence other than one imposed under s. 973.01 has successfully completed the challenge incarceration program, the parole commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served, unless the person is serving a sentence imposed under s. 973.01. When the parole commission grants parole under this subsection, it must require the parolee to participate in an intensive supervision program for drug abusers as a condition of parole.

AB1, s. 381 Section 381. 302.095 (2) of the statutes is amended to read:

AB1,221,2 302.095 (2) Any officer or other person who delivers or procures to be delivered or has in his or her possession with intent to deliver to any inmate confined in a jail or state prison, or who deposits or conceals in or about a jail or prison, or the precincts of a jail or prison, or in any vehicle going into the premises belonging to a jail or prison, any article or thing whatever, with intent that any inmate confined in the jail or prison shall obtain or receive the same, or who receives from any inmate any article or thing whatever with intent to convey the same out of a jail or prison, contrary to the rules or regulations and without the knowledge or permission of the sheriff or other keeper of the jail, in the case of a jail, or of the warden or superintendent of the prison, in the case of a prison, shall be imprisoned for not more than 3 years or fined not more than $500 is guilty of a Class I felony.

AB1, s. 382 Section 382. 302.11 (1g) (a) 2. of the statutes is amended to read:

AB1,221,9 302.11 (1g) (a) 2. Any felony under s. 940.09 (1), 1999 stats., s. 943.23 (1m), 1999 stats., s. 948.35 (1) (b) or (c), 1999 stats., or s. 948.36, 1999 stats., or s. 940.02, 940.03, 940.05, 940.09 (1) (1c), 940.19 (5), 940.195 (5), 940.21, 940.225 (1) or (2), 940.305 (2), 940.31 (1) or (2) (b), 943.02, 943.10 (2), 943.23 (1g) or (1m), 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.

AB1, s. 383 Section 383. 302.11 (1g) (b) 2. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1,221,18 302.11 (1g) (b) 2. Refusal by the inmate to participate in counseling or treatment that the social service and clinical staff of the institution determines is necessary for the inmate, including pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen if the inmate is a serious child sex offender as defined in s. 304.06 (1q) (a). The parole commission may not deny presumptive mandatory release to an inmate because of the inmate's refusal to participate in a rehabilitation program under s. 301.047.

AB1, s. 384 Section 384. 302.11 (1p) of the statutes is amended to read:

AB1,221,23 302.11 (1p) An inmate serving a term subject to s. 961.49 (2), 1999 stats., for a crime committed before December 31, 1999, is entitled to mandatory release, except the inmate may not be released before he or she has complied with s. 961.49 (2), 1999 stats.

AB1, s. 385 Section 385. 302.11 (1z) of the statutes is amended to read:

AB1,222,4 302.11 (1z) An inmate who is sentenced to a term of confinement in prison under s. 973.01 for a felony that is committed on or after December 31, 1999, is not entitled under this section to mandatory release on parole under this section that sentence.

AB1, s. 386 Section 386. 302.11 (3) of the statutes is amended to read:

AB1,222,7 302.11 (3) All consecutive sentences imposed for crimes committed before December 31, 1999, shall be computed as one continuous sentence.

AB1, s. 387 Section 387. 302.11 (7) (a) of the statutes is renumbered 302.11 (7) (am) and amended to read:

AB1,222,17 302.11 (7) (am) The division of hearings and appeals in the department of administration, upon proper notice and hearing, or the department of corrections, if the parolee waives a hearing, reviewing authority may return a parolee released under sub. (1) or (1g) (b) or s. 304.02 or 304.06 (1) to prison for a period up to the remainder of the sentence for a violation of the conditions of parole. The remainder of the sentence is the entire sentence, less time served in custody prior to parole. The revocation order shall provide the parolee with credit in accordance with ss. 304.072 and 973.155.

AB1, s. 388 Section 388. 302.11 (7) (ag) of the statutes is created to read:

AB1,222,21 302.11 (7) (ag) In this subsection "reviewing authority" means the division of hearings and appeals in the department of administration, upon proper notice and hearing, or the department of corrections, if the parolee waives a hearing.

AB1, s. 389 Section 389. 302.11 (7) (b) of the statutes is amended to read:

AB1,223,5 302.11 (7) (b) A parolee returned to prison for violation of the conditions of parole shall be incarcerated for the entire period of time determined by the department of corrections in the case of a waiver or the division of hearings and appeals in the department of administration in the case of a hearing under par. (a), reviewing authority unless paroled earlier under par. (c). The parolee is not subject to mandatory release under sub. (1) or presumptive mandatory release under sub. (1g). The period of time determined under par. (a) (am) may be extended in accordance with subs. (1q) and (2).

AB1, s. 390 Section 390. 302.11 (7) (d) of the statutes is amended to read:

AB1,223,12 302.11 (7) (d) A parolee who is subsequently released either after service of the period of time determined by the department of corrections in the case of a waiver or the division of hearings and appeals in the department of administration in the case of a hearing under par. (a) reviewing authority or by a grant of parole under par. (c) is subject to all conditions and rules of parole until expiration of sentence or discharge by the department.

AB1, s. 391 Section 391. 302.11 (7) (e) of the statutes is created to read:

AB1,223,17 302.11 (7) (e) A reviewing authority may consolidate proceedings before it under par. (am) with other proceedings before that reviewing authority under par. (am) or s. 302.113 (9) (am) or 302.114 (9) (am) if all of the proceedings relate to the parole or extended supervision of the same person.

AB1, s. 392 Section 392. 302.113 (2) of the statutes is amended to read:

AB1,223,23 302.113 (2) Except as provided in subs. (3) and (9), an inmate subject to this section is entitled to release to extended supervision after he or she has served the term of confinement in prison portion of the sentence imposed under s. 973.01, as modified by the sentencing court under sub. (9g) or s. 302.045 (3m) (b) 1., if applicable.

AB1, s. 393 Section 393. 302.113 (4) of the statutes is amended to read:

AB1,224,4 302.113 (4) All consecutive sentences imposed for crimes committed on or after December 31, 1999, shall be computed as one continuous sentence. The person shall serve any term of extended supervision after serving all terms of confinement in prison.

AB1, s. 394 Section 394. 302.113 (7) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1,224,13 302.113 (7) Any inmate released to extended supervision under this section is subject to all conditions and rules of extended supervision until the expiration of the term of extended supervision portion of the bifurcated sentence. The department may set conditions of extended supervision in addition to any conditions of extended supervision required under s. 302.116, if applicable, or set by the court under sub. (7m) or s. 973.01 (5) if the conditions set by the department do not conflict with the court's conditions.

AB1, s. 395 Section 395. 302.113 (7m) of the statutes is created to read:

AB1,224,17 302.113 (7m) (a) Except as provided in par. (e), a person subject to this section or the department may petition the sentencing court to modify any conditions of extended supervision set by the court.

AB1,224,25 (b) If the department files a petition under this subsection, it shall serve a copy of the petition on the person who is the subject of the petition and, if the person is represented by an attorney, on the person's attorney. If a person who is subject to this section or his or her attorney files a petition under this subsection, the person or his or her attorney shall serve a copy of the petition on the department. The court shall serve a copy of a petition filed under this section on the district attorney. The court may direct the clerk of the court to provide notice of the petition to a victim of a crime committed by the person who is the subject of the petition.

AB1,225,4 (c) The court may conduct a hearing to consider the petition. The court may grant the petition in full or in part if it determines that the modification would meet the needs of the department and the public and would be consistent with the objectives of the person's sentence.

AB1,225,8 (d) A person subject to this section or the department may appeal an order entered by the court under this subsection. The appellate court may reverse the order only if it determines that the sentencing court erroneously exercised its discretion in granting or denying the petition.

AB1,225,12 (e) 1. An inmate may not petition the court to modify the conditions of extended supervision earlier than one year before the date of the inmate's scheduled date of release to extended supervision or more than once before the inmate's release to extended supervision.

AB1,225,17 2. A person subject to this section may not petition the court to modify the conditions of extended supervision within one year after the inmate's release to extended supervision. If a person subject to this section files a petition authorized by this subsection after his or her release from confinement, the person may not file another petition until one year after the date of filing the former petition.

AB1, s. 396 Section 396. 302.113 (8m) of the statutes is created to read:

AB1,225,23 302.113 (8m) (a) Every person released to extended supervision under this section remains in the legal custody of the department. If the department alleges that any condition or rule of extended supervision has been violated by the person, the department may take physical custody of the person for the investigation of the alleged violation.