JR2 AB1: Bill Text

AB1,255,24 814.634 (1) (b) Notwithstanding par. (a), the clerk of circuit court shall charge and collect a $100 $130 court support services fee from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a) or (3) or 814.62 (1) or (2), if the party paying the fee seeks the recovery of money and the amount claimed exceeds the amount under s. 799.01 (1) (d).

AB1, s. 522 Section 522. 814.634 (1) (c) of the statutes is amended to read:

AB1,256,6 814.634 (1) (c) Notwithstanding par. (a), the clerk of circuit court shall charge and collect a $30 $39 court support services fee from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.62 (3) (a) or (b), or paying a fee under s. 814.61 (1) (a) or (3) or 814.62 (1) or (2) if the party paying the fee seeks the recovery of money and the amount claimed is equal to or less than the amount under s. 799.01 (1) (d).

AB1, s. 523 Section 523. 889.29 (1) of the statutes is amended to read:

AB1,256,25 889.29 (1) If any business, institution or member of a profession or calling in the regular course of business or activity has kept or recorded any memorandum, writing, entry, print, representation or combination thereof, of any act, transaction, occurrence or event, and in the regular course of business has caused any or all of the same to be recorded, copied or reproduced by any photographic, photostatic, microfilm, microcard, miniature photographic, or other process which accurately reproduces or forms a durable medium for so reproducing the original, or to be recorded on an optical disk or in electronic format, the original may be destroyed in the regular course of business, unless its preservation is required by law. Such reproduction or optical disk record, when reduced to comprehensible format and when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not and an enlargement or facsimile of such reproduction of a record or an enlarged copy of a record generated from an original record stored in optical disk or electronic format is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of court. The introduction of a reproduced record, enlargement or facsimile, does not preclude admission of the original. This subsection does not apply to records governed by s. 137.20.

AB1, s. 524 Section 524. 908.08 (1) of the statutes is amended to read:

AB1,257,6 908.08 (1) In any criminal trial or hearing, juvenile fact-finding hearing under s. 48.31 or 938.31 or revocation hearing under s. 302.113 (9) (am), 302.114 (9) (am), 304.06 (3), or 973.10 (2), the court or hearing examiner may admit into evidence the videotaped oral statement of a child who is available to testify, as provided in this section.

AB1, s. 525 Section 525. 910.01 (1) of the statutes is amended to read:

AB1,257,11 910.01 (1) Writings and recordings. "Writings" and "recordings" consist of letters, words or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other form of data compilation or recording.

AB1, s. 526 Section 526. 910.02 of the statutes is amended to read:

AB1,257,15 910.02 Requirement of original. To prove the content of a writing, recording or photograph, the original writing, recording or photograph is required, except as otherwise provided in chs. 901 to 911, s. 137.21, or by other statute.

AB1, s. 527 Section 527. 910.03 of the statutes is amended to read:

AB1,257,21 910.03 Admissibility of duplicates. A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the authenticity of the original or (2) in the circumstances it would be unfair to admit the duplicate in lieu of the original. This section does not apply to records of transactions governed by s. 137.21.

AB1, s. 528 Section 528. 911.01 (4) (c) of the statutes is amended to read:

AB1,258,3 911.01 (4) (c) Miscellaneous proceedings. Proceedings for extradition or rendition; sentencing, or granting or revoking probation, modification of a bifurcated sentence under s. 302.113 (9g), issuance of arrest warrants, criminal summonses and search warrants; proceedings under s. 971.14 (1) (c); proceedings with respect to pretrial release under ch. 969 except where habeas corpus is utilized with respect to release on bail or as otherwise provided in ch. 969.

AB1, s. 529 Section 529. 938.208 (1) (a) of the statutes is amended to read:

AB1,258,9 938.208 (1) (a) Probable cause exists to believe that the juvenile has committed a delinquent act that would be a felony under s. 940.01, 940.02, 940.03, 940.05, 940.19 (2) to (6), 940.21, 940.225 (1), 940.31, 941.20 (3), 943.02 (1), 943.23 (1g), (1m) or (1r), 943.32 (2), 947.013 (1t), (1v) or (1x), 948.02 (1) or (2), 948.025 or 948.03 if committed by an adult.

AB1, s. 530 Section 530. 938.34 (4h) (a) of the statutes is amended to read:

AB1,258,17 938.34 (4h) (a) The juvenile is 14 years of age or over and has been adjudicated delinquent for committing a violation of 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 or the juvenile is 10 years of age or over and has been adjudicated delinquent for attempting or committing a violation of s. 940.01 or for committing a violation of 940.02 or 940.05.

AB1, s. 531 Section 531. 938.34 (4m) (b) 1. of the statutes is amended to read:

AB1,258,22 938.34 (4m) (b) 1. The juvenile has committed a delinquent act that would be a felony under s. 940.01, 940.02, 940.03, 940.05, 940.19 (2) to (6), 940.21, 940.225 (1), 940.31, 941.20 (3), 943.02 (1), 943.23 (1g), (1m) or (1r), 943.32 (2), 947.013 (1t), (1v) or (1x), 948.02 (1) or (2), 948.025 or 948.03 if committed by an adult.

AB1, s. 532 Section 532. 938.355 (2d) (b) 3. of the statutes is amended to read:

AB1,259,6 938.355 (2d) (b) 3. That the parent has committed a violation of s. 940.19 (3), 1999 stats., or s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) if committed in this state, and that the violation resulted in great bodily harm, as defined in s. 939.22 (14), or in substantial bodily harm, as defined in s. 939.22 (38), to the juvenile or another child of the parent.

AB1, s. 533 Section 533. 938.355 (4) (b) of the statutes is amended to read:

AB1,259,16 938.355 (4) (b) An order under s. 938.34 (4d), (4h) or (4m) for which a juvenile has been adjudicated delinquent is subject to par. (a), except that the judge may make an order under s. 938.34 (4d) or (4m) apply for up to 2 years or until the juvenile's 18th birthdate, whichever is earlier and the judge shall make an order under s. 938.34 (4h) apply for 5 years, if the juvenile is adjudicated delinquent for committing a violation of s. 943.10 (2) or for committing an act that would be punishable as a Class B or C felony if committed by an adult, or until the juvenile reaches 25 years of age, if the juvenile is adjudicated delinquent for committing an act that would be punishable as a Class A felony if committed by an adult.

AB1, s. 534 Section 534. 938.78 (3) of the statutes is amended to read:

AB1,260,12 938.78 (3) If a juvenile adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need of protection or services under s. 48.13 (12), 1993 stats., or s. 48.13 (14), 1993 stats., or s. 938.13 (12) or (14) on the basis of a violation of s. 943.23 (1m) or (1r), 1999 stats., or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60, 948.605 or 948.61 or any crime specified in ch. 940 has escaped from a secured correctional facility, child caring institution, secured group home, inpatient facility, as defined in s. 51.01 (10), secure detention facility or juvenile portion of a county jail, or from the custody of a peace officer or a guard of such a facility, institution or jail, or has been allowed to leave a secured correctional facility, child caring institution, secured group home, inpatient facility, secure detention facility or juvenile portion of a county jail for a specified time period and is absent from the facility, institution, home or jail for more than 12 hours after the expiration of the specified period, the department or county department having supervision over the juvenile may release the juvenile's name and any information about the juvenile that is necessary for the protection of the public or to secure the juvenile's return to the facility, institution, home or jail. The department of corrections shall promulgate rules establishing guidelines for the release of the juvenile's name or information about the juvenile to the public.

AB1, s. 535 Section 535. 939.22 (21) (d) of the statutes is amended to read:

AB1,260,15 939.22 (21) (d) Battery, substantial battery or aggravated battery, as prohibited in s. 940.19 or 940.195.

AB1, s. 536 Section 536. 939.30 (1) of the statutes is amended to read:

AB1,260,20 939.30 (1) Except as provided in sub. (2) and ss. 948.35 and s. 961.455, whoever, with intent that a felony be committed, advises another to commit that crime under circumstances that indicate unequivocally that he or she has the intent is guilty of a Class D H felony.

AB1, s. 537 Section 537. 939.30 (2) of the statutes is amended to read:

AB1,260,24 939.30 (2) For a solicitation to commit a crime for which the penalty is life imprisonment, the actor is guilty of a Class C F felony. For a solicitation to commit a Class E I felony, the actor is guilty of a Class E I felony.

AB1, s. 538 Section 538. 939.32 (1) (intro.) of the statutes is amended to read:

AB1,261,4 939.32 (1) Generally. (intro.) Whoever attempts to commit a felony or a crime specified in s. 940.19, 940.195 or 943.20 may be fined or imprisoned or both not to exceed one-half the maximum penalty for the completed crime; as provided under sub. (1g), except:

AB1, s. 539 Section 539. 939.32 (1) (b) of the statutes is repealed.

AB1, s. 540 Section 540. 939.32 (1) (bm) of the statutes is created to read:

AB1,261,9 939.32 (1) (bm) Whoever attempts to commit a Class I felony, other than one to which a penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. or b. is being applied, is guilty of a Class A misdemeanor.

AB1, s. 541 Section 541. 939.32 (1g) of the statutes is created to read:

AB1,261,12 939.32 (1g) Maximum penalty. The maximum penalty for an attempt to commit a crime that is punishable under sub. (1) (intro.) is as follows:

AB1,261,13 (a) The maximum fine is one-half of the maximum fine for the completed crime.

AB1,261,17 (b) 1. If neither s. 939.62 (1) nor 961.48 is being applied, the maximum term of imprisonment is one-half of the maximum term of imprisonment, as increased by any penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. and b., for the completed crime.

AB1,261,19 2. If either s. 939.62 (1) or 961.48 is being applied, the maximum term of imprisonment is determined by the following method:

AB1,261,22 a. Multiplying by one-half the maximum term of imprisonment, as increased by any penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. and b., for the completed crime.

AB1,261,23 b. Applying s. 939.62 (1) or 961.48 to the product obtained under subd. 2. a.

AB1, s. 542 Section 542. 939.32 (1m) of the statutes is created to read:

AB1,262,3 939.32 (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:

AB1,262,10 (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.

AB1,262,14 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:

AB1,262,17 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.

AB1,262,18 b. Applying s. 939.62 (1) or 961.48 to the product obtained under subd. 2. a.

AB1,262,22 (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).

AB1,263,2 (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).

AB1, s. 543 Section 543. 939.32 (2) (title) of the statutes is created to read:

AB1,263,4 939.32 (2) (title) Misdemeanor computer crimes.

AB1, s. 544 Section 544. 939.32 (3) (title) of the statutes is created to read:

AB1,263,6 939.32 (3) (title) Requirements.

AB1, s. 545 Section 545. 939.50 (1) (intro.) of the statutes is amended to read:

AB1,263,9 939.50 (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:

AB1, s. 546 Section 546. 939.50 (1) (bc) of the statutes is repealed.

AB1, s. 547 Section 547. 939.50 (1) (f) of the statutes is created to read:

AB1,263,12 939.50 (1) (f) Class F felony.

AB1, s. 548 Section 548. 939.50 (1) (g) of the statutes is created to read:

AB1,263,14 939.50 (1) (g) Class G felony.

AB1, s. 549 Section 549. 939.50 (1) (h) of the statutes is created to read:

AB1,263,16 939.50 (1) (h) Class H felony.

AB1, s. 550 Section 550. 939.50 (1) (i) of the statutes is created to read:

AB1,263,18 939.50 (1) (i) Class I felony.

AB1, s. 551 Section 551. 939.50 (2) of the statutes is amended to read:

AB1,263,21 939.50 (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.

AB1, s. 552 Section 552. 939.50 (3) (bc) of the statutes is repealed.

AB1, s. 553 Section 553. 939.50 (3) (c) of the statutes is amended to read:

AB1,263,25 939.50 (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.

AB1, s. 554 Section 554. 939.50 (3) (d) of the statutes is amended to read:

AB1,264,3 939.50 (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.

AB1, s. 555 Section 555. 939.50 (3) (e) of the statutes is amended to read:

AB1,264,6 939.50 (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.

AB1, s. 556 Section 556. 939.50 (3) (f) of the statutes is created to read:

AB1,264,9 939.50 (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.

AB1, s. 557 Section 557. 939.50 (3) (g) of the statutes is created to read:

AB1,264,12 939.50 (3) (g) For a Class G felony, a fine not to exceed $25,000 or imprisonment not to exceed 10 years, or both.

AB1, s. 558 Section 558. 939.50 (3) (h) of the statutes is created to read:

AB1,264,15 939.50 (3) (h) For a Class H felony, a fine not to exceed $10,000 or imprisonment not to exceed 6 years, or both.

AB1, s. 559 Section 559. 939.50 (3) (i) of the statutes is created to read:

AB1,264,18 939.50 (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.

AB1, s. 560 Section 560. 939.615 (7) (b) 2. of the statutes is amended to read:

AB1,264,21 939.615 (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.

AB1, s. 561 Section 561. 939.615 (7) (c) of the statutes is repealed.

AB1, s. 562 Section 562. 939.62 (1) (a) of the statutes is amended to read: