SB558, s. 93
1Section
93. 941.291 (1) (b) of the statutes is amended to read:
SB558,34,92
941.291
(1) (b) "Violent felony" means any felony, or the solicitation, conspiracy,
3or attempt to commit any felony, under s.
943.23 (1m) or (1r), 1999 stats., or s. 940.01,
4940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.20,
5940.201, 940.203, 940.21, 940.225, 940.23, 940.285 (2), 940.29, 940.295 (3), 940.30,
6940.305, 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20, 941.26, 941.28, 941.29,
7941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.04, 943.06, 943.10 (2),
8943.23 (1g),
(1m), or (1r), 943.32, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03,
9948.04, 948.05, 948.06, 948.07, 948.08, or 948.30.
SB558, s. 94
10Section
94. 943.76 (1) (a) of the statutes is amended to read:
SB558,34,1311
943.76
(1) (a) "Livestock" means cattle, horses, swine, sheep, goats,
12farm-raised deer, as defined in s. 95.001 (1)
(a)
(ag), poultry, and other animals used
13or to be used in the production of food, fiber, or other commercial products.
Note: Inserts the correct cross-reference.
2001 Wis. Act 56 renumbered s. 95.001
(1) (a) to s. 95.001 (1) (ag).
SB558, s. 95
14Section
95. 943.76 (1) (c) of the statutes is amended to read:
SB558,34,1715
943.76
(1) (c) "Reckless conduct" means conduct
which that creates a
16substantial risk of an animal's death or a substantial risk of bodily harm to an animal
17if the actor is aware of that risk.
Note: Replaces "which" with "that" to correct grammar.
Note: There is no conflict of substance. As merged by the revisor s. 946.82 (4)
reads:
(4) "Racketeering activity" means any activity specified in
18 USC 1961 (1) in
effect as of April 27, 1982 or the attempt, conspiracy to commit, or commission of any of
the felonies specified in: chs. 945 and 961 and ss. 49.49, 134.05, 139.44 (1), 180.0129,
181.0129, 185.825, 201.09 (2), 215.12, 221.0625, 221.0636, 221.0637, 221.1004, 551.41,
551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (4) to (6), 940.20,
940.201, 940.203, 940.21, 940.30, 940.305, 940.31, 941.20 (2) and (3), 941.26, 941.28,
941.298, 941.31, 941.32, 942.09, 943.01 (2), (2d), or (2g), 943.011, 943.012, 943.013,
943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (bf) to (e), 943.201, 943.23 (1g),
(2) and (3), 943.24 (2), 943.25, 943.27, 943.28, 943.30, 943.32, 943.34 (1) (bf), (bm), and
(c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (bf), (bm), and (c), 943.60,
943.70, 943.76, 944.21 (5) (c) and (e), 944.32, 944.33 (2), 944.34, 945.03 (1m), 945.04 (1m),
945.05 (1), 945.08, 946.10, 946.11, 946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49,
946.61, 946.64, 946.65, 946.72, 946.76, 947.015, 948.05, 948.08, 948.12, and 948.30.
SB558,35,73
948.075
(1) Whoever uses a computerized communication system to
4communicate with an individual who the actor believes or has reason to believe has
5not attained the age of 16 years with intent
to have sexual contact or sexual
6intercourse with the individual in violation of s. 948.02 (1) or (2) is guilty of a Class
7D felony.
Note: Inserts missing word.
Note: There is no conflict of substance. As merged by the revisor s. 948.13 (1) (a)
reads:
(a) A crime under s. 940.22 (2) or 940.225 (2) (c) or (cm), if the victim is under 18
years of age at the time of the offense, or a crime under s. 948.02 (1) or (2), 948.025 (1),
948.05 (1) or (1m), 948.06, 948.07 (1), (2), (3), or (4), or 948.075.
Note: There is no conflict of substance. As merged by the revisor s. 948.13 (2) (a)
reads:
(a) Except as provided in pars. (b) and (c), whoever has been convicted of a serious
child sex offense and subsequently engages in an occupation or participates in a volunteer
position that requires him or her to work or interact primarily and directly with children
under 16 years of age is guilty of a Class F felony.
SB558, s. 100
12Section
100. 948.22 (7) (b) (intro.) of the statutes is amended to read:
SB558,36,3
1948.22
(7) (b) (intro.) In addition to or instead of imposing a penalty authorized
2for a Class
E I felony or a Class A misdemeanor, whichever is appropriate, the court
3shall:
Note: 2001 Wis. Act 109 changed the classification of violation of s. 948.22 (2) from
a Class E felony to a Class I felony without changing the corresponding reference in s.
948.22 (7).
SB558,36,86
973.017
(4) (a) 4. (intro.) "Significantly exposed" means sustaining a contact
7which that carries a potential for transmission of a sexually transmitted disease or
8HIV by one or more of the following:
Note: Replaces "which" with "that" to correct grammar.
Note: There is no conflict of substance. As merged by the revisor s. 973.034 reads:
973.034 Sentencing; restriction on child sex offender working with
children. Whenever a court imposes a sentence or places a defendant on probation
regarding a conviction under s. 940.22 (2) or 940.225 (2) (c) or (cm), if the victim is under
18 years of age at the time of the offense, or a conviction under s. 948.02 (1) or (2), 948.025
(1), 948.05 (1) or (1m), 948.06, 948.07 (1), (2), (3), or (4), or 948.075, the court shall inform
the defendant of the requirements and penalties under s. 948.13.
SB558, s. 103
11Section
103. 973.20 (1r) of the statutes is amended to read:
SB558,37,1312
973.20
(1r) When imposing sentence or ordering probation for any crime, other
13than a crime involving conduct that constitutes domestic abuse under s. 813.12 (1)
14(a) (am) or 968.075 (1) (a), for which the defendant was convicted, the court, in
15addition to any other penalty authorized by law, shall order the defendant to make
16full or partial restitution under this section to any victim of a crime considered at
17sentencing or, if the victim is deceased, to his or her estate, unless the court finds
18substantial reason not to do so and states the reason on the record. When imposing
19sentence or ordering probation for a crime involving conduct that constitutes
1domestic abuse under s. 813.12 (1)
(a) (am) or 968.075 (1) (a) for which the defendant
2was convicted or that was considered at sentencing, the court, in addition to any
3other penalty authorized by law, shall order the defendant to make full or partial
4restitution under this section to any victim of a crime or, if the victim is deceased, to
5his or her estate, unless the court finds that imposing full or partial restitution will
6create an undue hardship on the defendant or victim and describes the undue
7hardship on the record. Restitution ordered under this section is a condition of
8probation, extended supervision
, or parole served by the defendant for a crime for
9which the defendant was convicted. After the termination of probation, extended
10supervision
, or parole, or if the defendant is not placed on probation, extended
11supervision
, or parole, restitution ordered under this section is enforceable in the
12same manner as a judgment in a civil action by the victim named in the order to
13receive restitution or enforced under ch. 785.
Note: Inserts correct cross-reference.
2001 Wis. Act 109 renumbered s. 813.12 (1)
(a) to s. 813.12 (1) (am).
SB558, s. 104
14Section
104. 973.30 (1) (d) of the statutes is amended to read:
SB558,37,1715
973.30
(1) (d) Provide information to the legislature, state agencies, and the
16public regarding the costs to and other needs of the department
which that result
17from sentencing practices.
Note: Replaces "which" with "that" to correct grammar.
Note: The comma following "schools" was inserted into s. 77.52 (2) (a) 10. by
2001
Wisconsin Act 16, section
2245, but was not included in the treatment of the same
provision by section 2245d.
SB558,38,8
1[
2001 Wisconsin Act 52] Section 13 (1)
Using the procedure under section
2227.24 of the statutes, the board of nursing may promulgate the rules required under
3section 441.15 (5)
(b) (bm) of the statutes, as created by this act, for the period before
4permanent rules become effective, but not to exceed the period authorized under
5section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a)
6and (2) (b) of the statutes, the board of nursing need not provide evidence of the
7necessity of preservation of the public peace, health, safety, or welfare in
8promulgating rules under this subsection.
Note: Inserts correct cross-reference. There is no s. 441.15 (5) (b).
Note: This section is replaced by the creation of s. 48.981 (2) (a) 22m. in Section
26 of this bill. See also the note under Section 26 of this bill.
SB558, s. 108
10Section
108. 2001 Wisconsin Act 75, section
7 is amended by replacing "134.66
11(5) A county, town, village" with "134.66
(5) Local ordinance. A county, town,
12village"
Note: The title to 134.66 (5) was not shown in the treatment by
2001 Wis. Act 75,
section
7. The deletion was not intended.
Note: The word "a" was deleted from s. 71.80 (12) (a) 1. without striking. The
deletion was intended.
Note: The underscored comma was inserted into s. 48.358 (2) without being
underscored. The insertion was intended.
Note: In s. 302.02 (1m) (h), the underscored "the" was inserted without being
underscored and the stricken "that" was deleted without being shown as stricken. The
insertion and deletion were intended.
Note: The underscored comma was inserted into s. 341.14 (6) (a) without being
underscored. The insertion was intended.
Note: The comma following "schools" was inserted into s. 77.52 (2) (a) 10. by
2001
Wisconsin Act 16, section
2245, but was not included in the treatment of the same
provision by section 2245d of that act.
2001 Wis. Act 104, section
70, amended s. 77.52
(2) (a) 10. by
2001 Wisconsin Act 16, section
2245d. This bill corrects the treatment by
Act 16 section 2245d to include the comma. This section confirms that the comma is
retained.
Note: The word "be" was incorrectly repeated in stricken text in s. 93.07 (21).
Note: The word "the" was incorrectly underscored in s. 132.16 (2). It was
preexisting.
Note: "Proof" was inserted into s. 445.08 (4) (a) by
2001 Wis. Act 107 without being
underscored. The insertion was intended.
SB558, s. 117
12Section
117. 2001 Wisconsin Act 109, section
1uen is amended by replacing
13"subs. (1),
(1m), (2), (2m), (9)
, (9m), and (10)" with "subs. (1),
(1m), (2), (2m), (9)
, (9m), 14and (10)".
Note: The comma following "(2m)" was inserted into s. 11.26 (17) (a) without being
underscored. The insertion was intended.
Note: Confirms that "or" was preexisting language in s. 11.31 (2) and was not
added by
2001 Wis. Act 109, section
1uet.
Note: The stricken comma was deleted from s. 48.357 (2r) without being stricken.
The deletion was intended.
SB558, s. 121
6Section
121.
Effective dates. This act takes effect on the day after
7publication, except as follows:
SB558,40,98
(1)
The treatment of section 20.370 (1) (mu) (by
Section 15) of the statutes
9takes effect on July 1, 2003.
SB558,40,1110
(2)
The treatment of section 48.981 (2) (a) 22m. of the statutes takes effect on
11April 1, 2004.
SB558,40,1412
(3)
The treatment of sections 11.05 (1) (b), 11.20 (2s) and (2t), 11.50 (2s) (b), and
1311.60 (4) of the statutes takes effect on July 1, 2003, or on the day after publication,
14whichever is later.