SB328,21,2
11. That the sheriff or the department failed to follow procedure prescribed
2under this section.
SB328,21,43
2. That the sheriff or the department erroneously interpreted a provision of law
4and a correct interpretation compels a different action.
SB328,21,65
3. That the sheriff's or the department's action depends on a finding of fact that
6is not supported by substantial evidence in the record.
SB328,21,87
(g) The court's decision shall provide whatever relief is appropriate regardless
8of the original form of the petition.
SB328,21,10
9(15) Duration of license. (a) Except as provided in par. (b), a license issued
10under s. 85.57 is permanent unless the license is revoked under sub. (9g) (e) 1. or (14).
SB328,21,1211
(b) A license issued under s. 85.57 is void if the individual to whom the license
12was issued does not meet the requirements of sub. (3).
SB328,21,14
13(16) Prohibited activity. A licensee may not carry a concealed weapon in a
14place in which the carrying of a weapon is prohibited by federal law.
SB328,21,16
15(17) Penalties. (a) A licensee who violates sub. (2g) (b) may be required to
16forfeit not more than $25.
SB328,21,1917
(b) Any person who intentionally falsely swears under sub. (6) shall be fined
18not less than $500 nor more than $10,000 and may be imprisoned for not more than
199 months.
SB328,21,2120
(c) Any person who intentionally violates the requirements of sub. (14) (c) may
21be fined not more than $500 or imprisoned for not more than 30 days or both.
SB328,21,23
22(18) Access to records. Records created or kept under this section by the
23department or a sheriff are not subject to access under s. 19.35.
SB328, s. 7
24Section
7. 227.01 (5) of the statutes is amended to read:
SB328,22,8
1227.01
(5) "License" includes all or any part of an agency permit, certificate,
2approval, registration, charter or similar form of permission required by law, except
3a motor vehicle operator's license issued under ch. 343, a vehicle registration
4certificate issued under ch. 341, a license required primarily for revenue purposes,
5a hunting or fishing approval or a similar license where issuance is merely a
6ministerial act
, a license to carry a concealed weapon issued under s. 85.57, or an
7authorization under s. 175.50 for the issuance of a license to carry a concealed
8weapon.
SB328, s. 8
9Section
8. 301.046 (3) (cm) of the statutes is created to read:
SB328,22,1010
301.046
(3) (cm) The prisoner is not awaiting execution under a death sentence.
SB328, s. 9
11Section
9. 301.048 (2) (am) 2. of the statutes is amended to read:
SB328,22,1512
301.048
(2) (am) 2. He or she is a prisoner serving a
felony sentence
for a felony
13that is not punishable by
death or life imprisonment and the department directs him
14or her to participate in the program. This subdivision does not apply to a prisoner
15serving a bifurcated sentence imposed under s. 973.01.
SB328, s. 10
16Section
10. 301.048 (2) (bm) 1. a. of the statutes is amended to read:
SB328,22,2317
301.048
(2) (bm) 1. a. A crime specified in s. 940.01, 940.02, 940.03, 940.05,
18940.06, 940.08, 940.09, 940.10, 940.19 (3), (4)
, or (5), 940.195 (3), (4)
, or (5), 940.20,
19940.201, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.285 (2) (a) 1. or 2., 940.29,
20940.295 (3) (b) 1g., 1m., 1r., 2.
, or 3., 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20
21(2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.04,
22943.06, 943.10 (2), 943.23 (1g), (1m)
, or (1r), 943.30, 943.32, 946.43,
947.015 947.07,
23948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07, 948.08
, or 948.30.
SB328, s. 11
24Section
11. 302.11 (1) of the statutes is amended to read:
SB328,23,6
1302.11
(1) The warden or superintendent shall keep a record of the conduct of
2each inmate, specifying each infraction of the rules. Except as provided in subs. (1g),
3(1m), (1q),
(1w), (1z), (7)
, and (10), each inmate is entitled to mandatory release on
4parole by the department. The mandatory release date is established at two-thirds
5of the sentence. Any calculations under this subsection or sub. (1q) (b) or (2) (b)
6resulting in fractions of a day shall be rounded in the inmate's favor to a whole day.
SB328, s. 12
7Section
12. 302.11 (1w) of the statutes is created to read:
SB328,23,98
302.11
(1w) An inmate awaiting execution under a death sentence is not
9entitled to mandatory release on parole under this section.
SB328, s. 13
10Section
13. 303.065 (1) (b) 2. of the statutes is amended to read:
SB328,23,1311
303.065
(1) (b) 2. A person serving a life sentence under s. 939.62 (2m) (c) or
12973.014 (1) (c) or (1g) (a) 3.
, or awaiting execution under a death sentence, may not
13be considered for work release.
SB328, s. 14
14Section
14. 304.02 (5) of the statutes is amended to read:
SB328,23,1815
304.02
(5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life
16sentence under s. 939.62 (2m) (c) or 973.014 (1) (c) or (1g)
, or who is awaiting
17execution under a death sentence, is not eligible for release to parole supervision
18under this section.
SB328, s. 15
19Section
15. 304.06 (1) (b) of the statutes is amended to read:
SB328,24,920
304.06
(1) (b) Except as provided in sub. (1m)
or (1t) or s. 302.045 (3), 961.49
21(2), 973.01 (6)
, or 973.0135, the parole commission may parole an inmate of the
22Wisconsin state prisons or any felon or any person serving at least one year or more
23in a county house of correction or a county reforestation camp organized under s.
24303.07, when he or she has served 25% of the sentence imposed for the offense, or 6
25months, whichever is greater. Except as provided in s. 939.62 (2m) (c) or 973.014 (1)
1(b) or (c), (1g)
, or (2), the parole commission may parole an inmate serving a life term
2when he or she has served 20 years, as modified by the formula under s. 302.11 (1)
3and subject to extension under s. 302.11 (1q) and (2), if applicable. The person
4serving the life term shall be given credit for time served prior to sentencing under
5s. 973.155, including good time under s. 973.155 (4). The secretary may grant special
6action parole releases under s. 304.02. The department or the parole commission
7shall not provide any convicted offender or other person sentenced to the
8department's custody any parole eligibility or evaluation until the person has been
9confined at least 60 days following sentencing.
SB328, s. 16
10Section
16. 304.06 (1t) of the statutes is created to read:
SB328,24,1211
304.06
(1t) The parole commission may not parole an inmate who is sentenced
12to death under s. 973.0145.
SB328, s. 17
13Section
17. 304.071 (2) of the statutes is amended to read:
SB328,24,1614
304.071
(2) If a prisoner is
not eligible ineligible for parole under s.
304.06 (1t), 15939.62 (2m) (c), 961.49 (2), 973.01 (6), 973.014 (1) (c) or (1g)
, or 973.032 (5), he or she
16is not eligible for parole under this section.
SB328, s. 18
17Section
18. 440.26 (3m) of the statutes is amended to read:
SB328,24,2318
440.26
(3m) Rules concerning dangerous weapons. The department shall
19promulgate rules relating to the carrying of dangerous weapons by a person who
20holds a license or permit issued under this section or who is employed by a person
21licensed under this section. The rules
shall allow the person to carry a concealed
22weapon as permitted under s. 175.50 if the person is licensed to do so under s. 85.57
23and shall meet the minimum requirements specified in
15 USC 5902 (b).
SB328, s. 19
24Section
19. 895.035 (4a) (a) 2. of the statutes is amended to read:
SB328,25,2
1895.035
(4a) (a) 2. An act resulting in a violation of s. 943.01, 943.02, 943.03,
2943.05, 943.06
, or
947.015 947.07.
SB328, s. 20
3Section
20. 939.22 (7) of the statutes is created to read:
SB328,25,54
939.22
(7) "Crime punishable by death or life imprisonment" means a crime for
5which one or more of the possible penalties is death or life imprisonment.
SB328, s. 21
6Section
21. 939.22 (18m) of the statutes is created to read:
SB328,25,117
939.22
(18m) "Intent to terrorize" means intent to influence the policy of a
8governmental unit by intimidation or coercion, to punish a governmental unit for a
9prior policy decision, to affect the conduct of a governmental unit by homicide or
10kidnapping, or to intimidate or coerce a civilian population. In this subsection,
11"governmental unit" has the meaning given in s. 939.648 (1).
SB328, s. 22
12Section
22. 939.30 (1) of the statutes is amended to read:
SB328,25,1613
939.30
(1) Except as provided in sub. (2) and ss.
947.09, 948.35
, and 961.455,
14whoever, with intent that a felony be committed, advises another to commit that
15crime under circumstances that indicate unequivocally that he or she has the intent
16is guilty of a Class D felony.
SB328, s. 23
17Section
23. 939.30 (2) of the statutes is amended to read:
SB328,25,2018
939.30
(2) For a solicitation to commit a crime
for which the penalty is that is
19punishable by death or life imprisonment, the actor is guilty of a Class C felony. For
20a solicitation to commit a Class E felony, the actor is guilty of a Class E felony.
SB328, s. 24
21Section
24. 939.31 of the statutes is amended to read:
SB328,26,3
22939.31 Conspiracy. Except as provided in ss. 940.43 (4), 940.45 (4)
, and
23961.41 (1x), whoever, with intent that a crime be committed, agrees or combines with
24another for the purpose of committing that crime may, if one or more of the parties
25to the conspiracy
does do an act to effect its object, be fined or imprisoned or both not
1to exceed the maximum provided for the completed crime; except that for a
2conspiracy to commit a crime
for which the penalty is
that is punishable by death or 3life imprisonment
, the actor is guilty of a Class B felony.
SB328, s. 25
4Section
25. 939.32 (1) (a) of the statutes is amended to read:
SB328,26,65
939.32
(1) (a) Whoever attempts to commit a crime
for which the penalty is that
6is punishable by death or life imprisonment is guilty of a Class B felony.
SB328, s. 26
7Section
26. 939.60 of the statutes is amended to read:
SB328,26,10
8939.60 Felony and misdemeanor defined. A crime
that is punishable by
9death or imprisonment in the Wisconsin state prisons is a felony. Every other crime
10is a misdemeanor.
SB328, s. 27
11Section
27. 939.62 (2m) (c) of the statutes is amended to read:
SB328,26,1512
939.62
(2m) (c) If the actor is a persistent repeater
and the actor is not
13sentenced to death under s. 973.0145, the term of imprisonment for the felony for
14which the persistent repeater presently is being sentenced under ch. 973 is life
15imprisonment without the possibility of parole or extended supervision.
SB328, s. 28
16Section
28. 939.624 (2) of the statutes is amended to read:
SB328,26,2217
939.624
(2) If a person has one or more prior convictions for a serious violent
18crime or a crime punishable by
death or life imprisonment and subsequently
19commits a serious violent crime, the court shall sentence the person to not less than
205 years' imprisonment, but otherwise the penalties for the crime apply, subject to any
21applicable penalty enhancement. The court shall not place the defendant on
22probation.
SB328, s. 29
23Section
29. 939.625 (1) (b) 2. of the statutes is amended to read:
SB328,27,3
1939.625
(1) (b) 2. If the maximum term of imprisonment for a felony is more
2than 5 years or is a life term
or the felony is punishable by death, the maximum term
3of imprisonment for the felony may be increased by not more than 5 years.
SB328, s. 30
4Section
30. 939.63 (1) (a) 2. of the statutes is amended to read:
SB328,27,75
939.63
(1) (a) 2. If the maximum term of imprisonment for a felony is more than
65 years or is a life term
or the felony is punishable by death, the maximum term of
7imprisonment for the felony may be increased by not more than 5 years.
SB328, s. 31
8Section
31. 939.648 (2) (b) 1. of the statutes is amended to read:
SB328,27,119
939.648
(2) (b) 1. The person causes bodily harm, great bodily harm
, or death
10to another
during commission of the felony or while in immediate flight after
11commission of the felony.
SB328, s. 32
12Section
32. 939.648 (2) (c) of the statutes is amended to read:
SB328,27,1613
939.648
(2) (c) Commits the felony with the intent to influence the policy of a
14governmental unit
or by intimidation or coercion, to punish a governmental unit for
15a prior policy decision
, to affect the conduct of a governmental unit by homicide or
16kidnapping, or to intimidate or coerce a civilian population.
SB328, s. 33
17Section
33. 939.648 (3) of the statutes is renumbered 939.648 (3) (a) and
18amended to read:
SB328,27,2219
939.648
(3) (a)
The Except as provided in par. (b), the maximum fine prescribed
20by law for the felony may be increased by not more than $50,000 and the maximum
21period of imprisonment prescribed by law for the felony may be increased by not more
22than 10 years.
SB328, s. 34
23Section
34. 939.648 (3) (b) of the statutes is created to read:
SB328,28,224
939.648
(3) (b) If the underlying felony is first-degree intentional homicide
25under s. 940.01 and the person is 18 years of age or older when he or she commits the
1felony, the person may be sentenced to death or life imprisonment as determined
2under s. 973.0145.
SB328, s. 35
3Section
35. 939.648 (3m) of the statutes is created to read:
SB328,28,64
939.648
(3m) The state must declare its intention to seek a sentence of death
5under sub. (3) (b) before arraignment or acceptance of a plea, or else is barred from
6seeking a sentence of death.
SB328, s. 36
7Section
36. 941.23 of the statutes is renumbered 941.23 (1) and amended to
8read:
SB328,28,119
941.23
(1) Any person except a peace officer
or an individual holding a valid
10license issued under s. 85.57 who goes armed with a concealed and dangerous
11weapon is guilty of a Class A misdemeanor.
SB328, s. 37
12Section
37. 941.23 (2) of the statutes is created to read:
SB328,28,1713
941.23
(2) An individual formerly licensed under s. 85.57 whose license has
14been revoked under s. 175.50 (14) (a) may not assert his or her refusal to accept or
15failure to receive a notice of revocation mailed under s. 175.50 (14) (b) as a defense
16to prosecution under sub. (1), regardless of whether the person has complied with s.
17175.50 (12).
SB328, s. 38
18Section
38. 941.235 (2) of the statutes is amended to read:
SB328,28,2419
941.235
(2) This section does not apply to peace officers or armed forces or
20military personnel who go armed in the line of duty
, to any individual holding a valid
21license issued under s. 85.57 who is carrying a concealed weapon as permitted under
22s. 175.50, or to any person duly authorized by the chief of police of any city, village
23or town, the chief of the capitol police or the sheriff of any county to possess a firearm
24in any building under sub. (1).
SB328, s. 39
25Section
39. 941.237 (3) (cg) of the statutes is created to read:
SB328,29,2
1941.237
(3) (cg) Any individual holding a valid license issued under s. 85.57
2who is carrying a concealed weapon as permitted under s. 175.50.
SB328, s. 40
3Section
40. 941.295 (2) (bm) of the statutes is created to read:
SB328,29,44
941.295
(2) (bm) Any individual holding a valid license issued under s. 85.57.
SB328, s. 41
5Section
41. 946.32 (3) of the statutes is created to read:
SB328,29,76
946.32
(3) This section does not apply to offenses that may be prosecuted under
7s. 175.50 (17) (b).
SB328, s. 42
8Section
42. 946.47 (1) (intro.) of the statutes is amended to read:
SB328,29,109
946.47
(1) (intro.)
Whoever Except as provided in sub. (1m), whoever does
10either of the following is guilty of a Class E felony:
SB328, s. 43
11Section
43. 946.47 (1m) of the statutes is created to read:
SB328,29,1512
946.47
(1m) (a) If the felon under sub. (1), with intent to terrorize, committed
13a felony that satisfies s. 939.648 (2) (a) and (b) or committed an act outside this state
14that would be a felony that satisfies s. 939.648 (2) (a) and (b) if committed in this
15state, the person who violates sub. (1) is guilty of a Class C felony.
SB328,29,2016
(b) If the felon under sub. (1), with intent to terrorize, committed a felony that
17satisfies s. 939.648 (2) (a) and (b) or committed an act outside this state that would
18be a felony that satisfies s. 939.648 (2) (a) and (b) if committed in this state, and the
19felony or act resulted in the death of another, the person who violates sub. (1) is guilty
20of a Class BC felony.
SB328,30,1123
946.82
(4) "Racketeering activity" means any activity specified in
18 USC 1961 24(1) in effect as of April 27, 1982 or the attempt, conspiracy to commit, or commission
25of any of the felonies specified in: chs. 945 and 961 and ss. 49.49, 134.05, 139.44 (1),
1180.0129, 181.0129, 185.825, 201.09 (2), 215.12, 221.0625, 221.0636, 221.0637,
2221.1004, 551.41, 551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01,
3940.19 (3) to (6), 940.20, 940.201, 940.203, 940.21, 940.30, 940.305, 940.31, 941.20
4(2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 943.01 (2), (2d), or (2g), 943.011,
5943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (c) and
6(d), 943.201, 943.23 (1g), (1m), (1r), (2) and (3), 943.24 (2), 943.25, 943.27, 943.28,
7943.30, 943.32, 943.34 (1) (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4)
8(c), 943.60, 943.70, 943.76, 944.205, 944.21 (5) (c) and (e), 944.32, 944.33 (2), 944.34,
9945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11, 946.12, 946.13, 946.31,
10946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76,
947.015 947.07,
11948.05, 948.08, 948.12, and 948.30.
SB328, s. 45
12Section
45. 947.015 of the statutes is repealed.