JR2 AB1: Bill Text

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:

AB1,264,25 939.62 (1) (a) A maximum term of imprisonment of one year or less may be increased to not more than 3 2 years.

AB1, s. 563 Section 563. 939.62 (1) (b) of the statutes is amended to read:

AB1,265,5 939.62 (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.

AB1, s. 564 Section 564. 939.62 (1) (c) of the statutes is amended to read:

AB1,265,9 939.62 (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.

AB1, s. 565 Section 565. 939.62 (2m) (a) 2m. a. of the statutes is amended to read:

AB1,265,14 939.62 (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.

AB1, s. 566 Section 566. 939.62 (2m) (a) 2m. b. of the statutes is amended to read:

AB1,265,21 939.62 (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.

AB1, s. 567 Section 567. 939.622 of the statutes is repealed.

AB1, s. 568 Section 568. 939.623 (2) of the statutes is amended to read:

AB1,266,5 939.623 (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.

AB1, s. 569 Section 569. 939.624 (2) of the statutes is amended to read:

AB1,266,14 939.624 (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.

AB1, s. 570 Section 570. 939.625 of the statutes is repealed.

AB1, s. 571 Section 571. 939.63 (1) of the statutes is renumbered 939.63, and 939.63 (1) (d), (2) and (3), as renumbered, are amended to read:

AB1,266,19 939.63 (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.

AB1,266,22 (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.

AB1,266,24 (3) This subsection section applies only to crimes specified under chs. 939 to 951 and 961.

AB1, s. 572 Section 572. 939.63 (2) of the statutes is repealed.

AB1, s. 573 Section 573. 939.632 (1) (e) 1. of the statutes is amended to read:

AB1,267,6 939.632 (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.

AB1, s. 574 Section 574. 939.632 (2) of the statutes is amended to read:

AB1,267,9 939.632 (2) If a person commits a violent crime in a school zone, the maximum period term of imprisonment is increased as follows:

AB1,267,11 (a) If the violent crime is a felony, the maximum period term of imprisonment is increased by 5 years.

AB1,267,14 (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.

AB1, s. 575 Section 575. 939.635 of the statutes is repealed.

AB1, s. 576 Section 576. 939.64 of the statutes is repealed.

AB1, s. 577 Section 577. 939.641 of the statutes is repealed.

AB1, s. 578 Section 578. 939.645 (2) of the statutes is amended to read:

AB1,267,22 939.645 (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.

AB1,268,2 (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.

AB1,268,6 (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.

AB1, s. 579 Section 579. 939.646 of the statutes is repealed.

AB1, s. 580 Section 580. 939.647 of the statutes is repealed.

AB1, s. 581 Section 581. 939.648 of the statutes is repealed.

AB1, s. 582 Section 582. 939.72 (1) of the statutes is amended to read:

AB1,268,12 939.72 (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

AB1, s. 583 Section 583. 939.75 (1) of the statutes is amended to read: