Amendment SSA1-SB580

SB580-SSA1,5,16 814.76 (1g) The child pornography surcharge under s. 973.042.

SB580-SSA1, s. 15 Section 15. 939.617 of the statutes is created to read:

SB580-SSA1,5,24 939.617 Minimum sentence for certain child sex offenses. (1) Except as provided in subs. (2) and (3), if a person is convicted of a violation of s. 948.05, 948.075, or 948.12, the court shall impose a bifurcated sentence under s. 973.01. The term of confinement in prison portion of the bifurcated sentence shall be at least 5 years for violations of s. 948.05 or 948.075 and 3 years for violations of s. 948.12. Otherwise the penalties for the crime apply, subject to any applicable penalty enhancement.

SB580-SSA1,6,5 (2) If a person is convicted of a violation of s. 948.05, 948.075, or 948.12, the court may impose a sentence that is less than the sentence required under sub. (1), or may place the person on probation, only if the court finds that the best interests of the community will be served and the public will not be harmed and if the court places its reasons on the record.

SB580-SSA1,6,7 (3) This section does not apply if the offender was under 18 years of age when the violation occurred.

SB580-SSA1, s. 16 Section 16. 939.623 of the statutes is renumbered 939.618, and 939.618 (title), as renumbered, is amended to read:

SB580-SSA1,6,11 939.618 (title) Increased penalty; Mandatory minimum sentence for repeat serious sex crimes.

SB580-SSA1, s. 17 Section 17. 939.624 of the statutes is renumbered 939.619, and 939.619 (title), as renumbered, is amended to read:

SB580-SSA1,6,15 939.619 (title) Increased penalty; Mandatory minimum sentence for repeat serious violent crimes.

SB580-SSA1, s. 18 Section 18. 948.05 (1) (intro.) of the statutes is amended to read:

SB580-SSA1,6,19 948.05 (1) (intro.) Whoever does any of the following with knowledge of the character and content of the sexually explicit conduct involving the child is guilty of a Class F felony may be penalized under sub. (2p):

SB580-SSA1, s. 19 Section 19. 948.05 (1m) of the statutes is amended to read:

SB580-SSA1,7,2 948.05 (1m) Whoever produces, performs in, profits from, promotes, imports into the state, reproduces, advertises, sells, distributes, or possesses with intent to sell or distribute, any recording of a child engaging in sexually explicit conduct is guilty of a Class F felony may be penalized under sub. (2p) if the person knows the character and content of the sexually explicit conduct involving the child and if the person knows or reasonably should know that the child engaging in the sexually explicit conduct has not attained the age of 18 years.

SB580-SSA1, s. 20 Section 20. 948.05 (2) of the statutes is amended to read:

SB580-SSA1,7,7 948.05 (2) A person responsible for a child's welfare who knowingly permits, allows or encourages the child to engage in sexually explicit conduct for a purpose proscribed in sub. (1) (a) or (b) or (1m) is guilty of a Class F felony may be penalized under sub. (2p).

SB580-SSA1, s. 21 Section 21. 948.05 (2p) of the statutes is created to read:

SB580-SSA1,7,10 948.05 (2p) (a) Except as provided in par. (b), a person who violates sub. (1), (1m), or (2) is guilty of a Class C felony.

SB580-SSA1,7,12 (b) A person who violates sub. (1), (1m), or (2) is guilty of a Class F felony if the person is under 18 years of age when the offense occurs.

SB580-SSA1, s. 22 Section 22. 948.075 (1) of the statutes is renumbered 948.075 (1r) and amended to read:

SB580-SSA1,7,19 948.075 (1r) Whoever uses a computerized communication system to communicate with an individual who the actor believes or has reason to believe has not attained the age of 16 years with intent to have sexual contact or sexual intercourse with the individual in violation of s. 948.02 (1) or (2) is guilty of a Class D C felony.

SB580-SSA1, s. 23 Section 23. 948.12 (1m) (intro.) of the statutes is amended to read:

SB580-SSA1,7,24 948.12 (1m) (intro.) Whoever possesses any undeveloped film, photographic negative, photograph, motion picture, videotape, or other recording of a child engaged in sexually explicit conduct under all of the following circumstances is guilty of a Class I felony may be penalized under sub. (3):

SB580-SSA1, s. 24 Section 24. 948.12 (2m) (intro.) of the statutes is amended to read:

SB580-SSA1,8,3 948.12 (2m) (intro.) Whoever exhibits or plays a recording of a child engaged in sexually explicit conduct, if all of the following apply, is guilty of a Class I felony may be penalized under sub. (3):

SB580-SSA1, s. 25 Section 25. 948.12 (3) of the statutes is created to read:

SB580-SSA1,8,6 948.12 (3) (a) Except as provided in par. (b), a person who violates sub. (1m) or (2m) is guilty of a Class D felony.

SB580-SSA1,8,8 (b) A person who violates sub. (1m) or (2m) is guilty of a Class I felony if the person is under 18 years of age when the offense occurs.

SB580-SSA1, s. 26 Section 26. 973.042 of the statutes is created to read:

SB580-SSA1,8,12 973.042 Child pornography surcharge. (1) In this section, "image" includes a video recording, a visual representation, a positive or negative image on exposed film, and data representing a visual image.

SB580-SSA1,8,18 (2) If a court imposes a sentence or places a person on probation for a crime under s. 948.05 or 948.12 and the person was at least 18 years of age when the crime was committed, the court shall impose a child pornography surcharge of $500 for each image or each copy of an image associated with the crime. The court shall determine the number of images or copies of images associated with the crime by a preponderance of the evidence and without a jury.

SB580-SSA1,8,20 (3) The clerk shall record any surcharge imposed under this section in 3 parts as follows:

SB580-SSA1,8,21 (a) Part A is 50 percent of any amount collected.

SB580-SSA1,8,22 (b) Part B is 30 percent of any amount collected.

SB580-SSA1,8,23 (c) Part C is 20 percent of any amount collected.

SB580-SSA1,9,2 (4) After determining the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under s. 59.25 (3) (f) 2.

SB580-SSA1,9,7 (5) The secretary of administration shall credit part A of the surcharge to the appropriation account under s. 20.410 (1) (gj). The secretary of administration shall credit part B of the surcharge to the appropriation account under s. 20.455 (2) (gj). The secretary of administration shall credit part C of the surcharge to the appropriation account under s. 20.505 (6) (gj).

SB580-SSA1,9,12 (6) If an inmate in a state prison or a person sentenced to a state prison has not paid the child pornography surcharge under this section, the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected under this subsection shall be transmitted to the secretary of administration.

SB580-SSA1, s. 27 Section 27. 973.05 (2m) of the statutes, as affected by 2005 Wisconsin Act 25, is amended to read:

SB580-SSA1,9,25 973.05 (2m) Payments under this section shall be applied first to payment of the penalty surcharge until paid in full, shall then be applied to the payment of the jail surcharge until paid in full, shall then be applied to the payment of part A of the crime victim and witness assistance surcharge until paid in full, shall then be applied to part B of the crime victim and witness assistance surcharge until paid in full, shall then be applied to the crime laboratories and drug law enforcement surcharge until paid in full, shall then be applied to the deoxyribonucleic acid analysis surcharge until paid in full, shall then be applied to the child pornography surcharge until paid in full, shall then be applied to the drug abuse program improvement surcharge until paid in full, shall then be applied to the drug offender diversion surcharge until paid in full, shall then be applied to payment of the driver improvement surcharge until paid in full, shall then be applied to the truck driver education surcharge if applicable until paid in full, shall then be applied to payment of the domestic abuse surcharge until paid in full, shall then be applied to payment of the consumer protection surcharge until paid in full, shall then be applied to payment of the natural resources surcharge if applicable until paid in full, shall then be applied to payment of the natural resources restitution surcharge until paid in full, shall then be applied to the payment of the environmental surcharge if applicable until paid in full, shall then be applied to the payment of the wild animal protection surcharge if applicable until paid in full, shall then be applied to payment of the weapons surcharge until paid in full, shall then be applied to payment of the uninsured employer surcharge until paid in full, shall then be applied to payment of the enforcement surcharge under s. 253.06 (4) (c), if applicable, until paid in full, and shall then be applied to payment of the fine and the costs and fees imposed under ch. 814.

SB580-SSA1, s. 28 Section 28. Initial applicability.

SB580-SSA1,10,18 (1) The treatment of section 973.042 of the statutes first applies to violations of section 948.05 or 948.12 of the statutes that are committed on the effective date of this subsection.

SB580-SSA1,10,19 (End)