AB75: Bill Text

AB75, s. 3340 Section 3340 . 940.201 (1) (a) of the statutes is amended to read:

AB75,1630,3 940.201 (1) (a) "Family member" means a spouse, child, stepchild, foster child, treatment foster child, parent, sibling, or grandchild.

AB75, s. 3341 Section 3341 . 940.203 (1) (a) of the statutes is amended to read:

AB75,1630,6 940.203 (1) (a) "Family member" means a parent, spouse, sibling, child, stepchild, foster child or treatment foster child.

AB75, s. 3342 Section 3342 . 940.205 (1) of the statutes is amended to read:

AB75,1630,9 940.205 (1) In this section, "family member" means a parent, spouse, sibling, child, stepchild, foster child or treatment foster child.

AB75, s. 3343 Section 3343 . 940.207 (1) of the statutes is amended to read:

AB75,1630,12 940.207 (1) In this section, "family member" means a parent, spouse, sibling, child, stepchild, foster child or treatment foster child.

AB75, s. 3344 Section 3344 . 940.43 (1) of the statutes is amended to read:

AB75,1630,17 940.43 (1) Where the act is accompanied by force or violence or attempted force or violence, upon the witness, or the spouse, child, stepchild, foster child, treatment foster child, parent, sibling, or grandchild of the witness, or any person sharing a common domicile with the witness.

AB75, s. 3345 Section 3345 . 940.45 (1) of the statutes is amended to read:

AB75,1630,22 940.45 (1) Where the act is accompanied by force or violence or attempted force or violence, upon the victim, or the spouse, child, stepchild, foster child, treatment foster child, parent, sibling, or grandchild of the victim, or any person sharing a common domicile with the victim.

AB75, s. 3346 Section 3346 . 943.011 (1) (a) of the statutes is amended to read:

AB75,1630,25 943.011 (1) (a) "Family member" means a spouse, child, stepchild, foster child, treatment foster child, parent, sibling, or grandchild.

AB75, s. 3347 Section 3347 . 943.013 (1) (a) of the statutes is amended to read:

AB75,1631,3 943.013 (1) (a) "Family member" means a parent, spouse, sibling, child, stepchild, foster child or treatment foster child.

AB75, s. 3348 Section 3348 . 943.015 (1) of the statutes is amended to read:

AB75,1631,6 943.015 (1) In this section, "family member" means a parent, spouse, sibling, child, stepchild, foster child or treatment foster child.

AB75, s. 3349 Section 3349 . 943.017 (2m) (a) 1. of the statutes is amended to read:

AB75,1631,9 943.017 (2m) (a) 1. "Family member" means a spouse, child, stepchild, foster child, treatment foster child, parent, sibling, or grandchild.

AB75, s. 3350 Section 3350. 946.13 (2) (g) of the statutes is amended to read:

AB75,1631,16 946.13 (2) (g) Contracts with, or tax credits or payments received by, public officers or employees for wildlife damage claims or abatement under s. 29.889, for farmland preservation under s. 91.13, 2007 stats., or s. 91.60 or subch. IX of ch. 71 and s. 91.13, soil and water resource management under s. 92.14, soil erosion control under s. 92.10, 1985 stats., animal waste management under s. 92.15, 1985 stats., and nonpoint source water pollution abatement under s. 281.65.

AB75, s. 3351 Section 3351. 946.15 of the statutes is amended to read:

AB75,1632,8 946.15 Public and publicly funded construction contracts at less than full rate. (1) Any employer, or any agent or employee of an employer, who induces any person who seeks to be or is employed pursuant to a public contract as defined in s. 66.0901 (1) (c) or who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 66.0904 (4), 103.49 (3), 103.50 (3), or 229.8275 (3) or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) or 66.0904 (6) to give up, waive, or return any part of the compensation to which that person is entitled under his or her contract of employment or under the prevailing wage rate determination issued by the department or local governmental unit, or who reduces the hourly basic rate of pay normally paid to an employee for work on a project on which a prevailing wage rate determination has not been issued under s. 66.0903 (3) or (6), 66.0904 (4) or (6), 103.49 (3), 103.50 (3), or 229.8275 (3) during a week in which the employee works both on a project on which a prevailing wage rate determination has been issued and on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class I felony.

AB75,1632,23 (2) Any person employed pursuant to a public contract as defined in s. 66.0901 (1) (c) or employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 66.0904 (4), 103.49 (3), 103.50 (3), or 229.8275 (3) or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) or 66.0904 (6) who gives up, waives, or returns to the employer or agent of the employer any part of the compensation to which the employee is entitled under his or her contract of employment or under the prevailing wage determination issued by the department or local governmental unit, or who gives up any part of the compensation to which he or she is normally entitled for work on a project on which a prevailing wage rate determination has not been issued under s. 66.0903 (3) or (6), 66.0904 (4) or (6), 103.49 (3), 103.50 (3), or 229.8275 (3) during a week in which the person works part-time on a project on which a prevailing wage rate determination has been issued and part-time on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class C misdemeanor.

AB75,1633,8 (3) Any employer or labor organization, or any agent or employee of an employer or labor organization, who induces any person who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 66.0904 (4), 103.49 (3), 103.50 (3), or 229.8275 (3) or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) or 66.0904 (6) to permit any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from the person's pay is guilty of a Class I felony, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 276c 3142.

AB75,1633,17 (4) Any person employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 66.0904 (4), 103.49 (3), 103.50 (3) , or 229.8275 (3) or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) or 66.0904 (6) who permits any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from his or her pay is guilty of a Class C misdemeanor, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 276c 3142.

AB75, s. 3352 Section 3352. 948.01 (3) of the statutes is amended to read:

AB75,1633,24 948.01 (3) "Person responsible for the child's welfare" includes the child's parent; stepparent; guardian; foster parent; treatment foster parent; an employee of a public or private residential home, institution, or agency; other person legally responsible for the child's welfare in a residential setting; or a person employed by one legally responsible for the child's welfare to exercise temporary control or care for the child.

AB75, s. 3353 Section 3353. 948.085 (1) of the statutes is amended to read:

AB75,1634,2 948.085 (1) Has sexual contact or sexual intercourse with a child for whom the actor is a foster parent or treatment foster parent.

AB75, s. 3354 Section 3354. 948.22 (4) (b) of the statutes is amended to read:

AB75,1634,9 948.22 (4) (b) For a person not subject to a court order requiring child, grandchild, or spousal support payments, when the person knows or reasonably should have known that he or she has a dependent, failure to provide support equal to at least the amount established by rule by the department of children and families under s. 49.22 (9) or causing a spouse, grandchild, or child to become a dependent person, or continue to be a dependent person, as defined in s. 49.01 (2), 2009 stats.

AB75, s. 3355 Section 3355. 948.45 (1) of the statutes is amended to read:

AB75,1634,14 948.45 (1) Except as provided in sub. (2), any Any person 17 years of age or older who, by any act or omission, knowingly encourages or contributes to the truancy, as defined under s. 118.16 (1) (c), of a person 17 years of age or under is guilty of a Class C misdemeanor.

AB75, s. 3356 Section 3356. 948.45 (2) of the statutes is repealed.

AB75, s. 3357 Section 3357. 949.01 (2) of the statutes is amended to read:

AB75,1634,22 949.01 (2) "Dependent" means any spouse, domestic partner under ch. 770, parent, grandparent, stepparent, child, stepchild, adopted child, grandchild, brother, sister, half brother, half sister, or parent of spouse or of domestic partner under ch. 770, of a deceased victim who was wholly or partially dependent upon the victim's income at the time of the victim's death and includes any child of the victim born after the victim's death.

AB75, s. 3358 Section 3358. 949.06 (1m) (a) of the statutes is amended to read:

AB75,1635,3 949.06 (1m) (a) In this subsection, "family member" means any spouse, domestic partner under ch. 770, parent, grandparent, stepparent, child, stepchild, adopted child, grandchild, foster child, treatment foster child, brother, sister, half brother, half sister, aunt, uncle, nephew, niece, or parent or sibling of spouse or of domestic partner under ch. 770.

AB75, s. 3359 Section 3359 . 949.06 (1m) (a) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

AB75,1635,10 949.06 (1m) (a) In this subsection, "family member" means any spouse, domestic partner under s. 770.05, parent, grandparent, stepparent, child, stepchild, adopted child, grandchild, foster child, treatment foster child, brother, sister, half brother, half sister, aunt, uncle, nephew, niece, or parent or sibling of spouse or of a domestic partner under ch. 770.

AB75, s. 3360 Section 3360. 950.04 (1v) (f) of the statutes is amended to read:

AB75,1635,14 950.04 (1v) (f) To have the parole earned release review commission make a reasonable attempt to notify the victim of applications for parole or release to extended supervision, as provided under s. 304.06 (1).

AB75, s. 3361 Section 3361. 950.04 (1v) (gm) of the statutes is amended to read:

AB75,1635,19 950.04 (1v) (gm) To have reasonable attempts made to notify the victim of petitions for sentence adjustment as provided release to extended supervision under s. 973.195 (1r) (d) 302.113 (2) (b) or 304.06 (1) or discharge under s. 973.01 (4m) or (4r).

AB75, s. 3362 Section 3362. 950.04 (1v) (nt) of the statutes is amended to read:

AB75,1635,23 950.04 (1v) (nt) To attend a hearing on a petition for modification of a bifurcated sentence and provide a statement concerning department modification of the bifurcated sentence, as provided under s. 302.113 (9g) (d).

AB75, s. 3363 Section 3363. 950.04 (1v) (v) of the statutes is amended to read:

AB75,1636,10 950.04 (1v) (v) To have the department of corrections make a reasonable attempt to notify the victim under s. 301.046 (4) regarding community residential confinements, under s. 301.048 (4m) regarding participation in the intensive sanctions program, under s. 301.38 regarding escapes from a Type 1 prison, under s. 301.46 (3) regarding persons registered under s. 301.45, under s. 302.105 regarding release upon expiration of certain sentences, under s. 304.063 regarding extended supervision and parole releases, and under s. 938.51 regarding release or escape of a juvenile from correctional custody, and under s. 973.10 (1g) (e) regarding a determination by the department of corrections that the department may not supervise an offender.

AB75, s. 3364 Section 3364. 961.41 (5) (c) 1. of the statutes is amended to read:

AB75,1636,14 961.41 (5) (c) 1. The first $850,000 plus two-thirds of all moneys in excess of $1,275,000 collected in each fiscal year from drug surcharges under this subsection shall be credited to the appropriation account under s. 20.435 (6) (5) (gb).

AB75, s. 3365 Section 3365. 971.14 (5) (a) of the statutes is amended to read:

AB75,1637,5 971.14 (5) (a) If the court determines that the defendant is not competent but is likely to become competent within the period specified in this paragraph if provided with appropriate treatment, the court shall suspend the proceedings and commit the defendant to the custody of the department of health services for the department to determine whether treatment shall occur in an appropriate institution designated by the department, or in a community-based treatment conducted in a jail or a locked unit of a facility that has entered into a voluntary agreement with the state to serve as a location for treatment, or as a condition of bail or bond, for a period of time not to exceed 12 6 months, or the maximum sentence specified for the most serious offense with which the defendant is charged, whichever is less. Under this subsection, the department of health services may commence services to a person in jail but shall, as soon as possible, transfer that person to an institution or provide services to the person in a nonjail setting consistent with this subsection. Days spent in commitment under this paragraph are considered days spent in custody under s. 973.155.

AB75, s. 3366 Section 3366. 971.14 (5) (b) of the statutes is amended to read:

AB75,1637,18 971.14 (5) (b) The defendant shall be periodically reexamined by the department of health services examiners. Written reports of examination shall be furnished to the court 3 2 months after commitment, 6 months after commitment, 9 months after commitment and within 30 days prior to the expiration of commitment. Each report shall indicate either that the defendant has become competent, that the defendant remains incompetent but that attainment of competency is likely within the remaining commitment period, or that the defendant has not made such progress that attainment of competency is likely within the remaining commitment period. Any report indicating such a lack of sufficient progress shall include the examiner's opinion regarding whether the defendant is mentally ill, alcoholic, drug dependent, developmentally disabled, or infirm because of aging or other like incapacities.

AB75, s. 3367 Section 3367. 971.14 (5) (d) of the statutes is amended to read:

AB75,1638,2 971.14 (5) (d) If the defendant is receiving medication the court may make appropriate orders for the continued administration of the medication in order to maintain the competence of the defendant for the duration of the proceedings. If a defendant who has been restored to competency thereafter again becomes incompetent, the maximum commitment period under par. (a) shall be 18 12 months minus the days spent in previous commitments under this subsection, or 12 6 months, whichever is less.

AB75, s. 3368 Section 3368. 971.17 (2) (title) of the statutes is amended to read:

AB75,1638,4 971.17 (2) (title) Investigation and examination.

AB75, s. 3369 Section 3369. 971.17 (2) (a) of the statutes is amended to read:

AB75,1638,13 971.17 (2) (a) The court shall enter an initial commitment order under this section pursuant to a hearing held as soon as practicable after the judgment of not guilty by reason of mental disease or mental defect is entered. If the court lacks sufficient information to make the determination required by sub. (3) immediately after trial, it may adjourn the hearing and order the department of health services to conduct a predisposition investigation using the procedure in s. 972.15 or a supplementary mental examination or both, to assist the court in framing the commitment order.

AB75, s. 3370 Section 3370. 971.17 (2) (b), (c) and (d) of the statutes are repealed.

AB75, s. 3371 Section 3371. 971.17 (2) (e) of the statutes is amended to read:

AB75,1638,24 971.17 (2) (e) The examiner appointed person conducting the predisposition investigation under par. (b) (a) shall personally observe and examine the person. The examiner or facility and shall have access to the person's past or present treatment records, as defined in s. 51.30 (1) (b), and patient health care records, as provided under s. 146.82 (2) (c). If the examiner person conducting the predisposition investigation believes that the person is appropriate for conditional release, the examiner person conducting the predisposition investigation shall report on the type of treatment and services that the person may need while in the community on conditional release.

AB75, s. 3372 Section 3372. 971.17 (2) (f) of the statutes is repealed.

AB75, s. 3373 Section 3373. 971.17 (2) (g) of the statutes is amended to read:

AB75,1639,4 971.17 (2) (g) Within 10 days after the examiner's predisposition investigation report is filed under par. (c) s. 972.15, the court shall hold a hearing to determine whether commitment shall take the form of institutional care or conditional release.

AB75, s. 3374 Section 3374. 971.17 (4m) (a) 2. of the statutes is amended to read:

AB75,1639,7 971.17 (4m) (a) 2. "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.

AB75, s. 3375 Section 3375. 971.17 (6m) (a) 2. of the statutes is amended to read:

AB75,1639,10 971.17 (6m) (a) 2. "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.

AB75, s. 3376 Section 3376. 971.23 (10) of the statutes is amended to read:

AB75,1639,19 971.23 (10) Payment of copying costs in cases involving indigent defendants. When the state public defender or a private attorney appointed under s. 977.08 requests copies, in any format, of any item that is discoverable under this section, the state public defender shall pay any fee charged for the copies from the appropriation account under s. 20.550 (1) (f). If the person providing copies under this section charges the state public defender a fee for the copies, the fee may not exceed the actual, necessary, and direct cost of providing the copies applicable maximum fee for copies of discoverable materials that is established by rule under s. 977.02 (9).

AB75, s. 3377 Section 3377. 973.01 (3d) of the statutes is created to read:

AB75,1639,24 973.01 (3d) Positive adjustment time eligibility. (a) When a person is sentenced under sub. (1) to a term of confinement in prison, the department of corrections shall, applying an objective risk assessment instrument supported by research, determine how likely it is that the person will commit another offense.

AB75,1640,3 (b) If the department of corrections determines under par. (a) that the person poses a high risk of reoffending, the person shall be ineligible to earn positive adjustment time under s. 302.113 (2) (b).

AB75, s. 3378 Section 3378. 973.01 (4) of the statutes is amended to read:

AB75,1640,10 973.01 (4) No good time; extension Extension or reduction of term of imprisonment. A person sentenced to a bifurcated sentence under sub. (1) shall serve the term of confinement in prison portion of the sentence without reduction for good behavior. The term of confinement in prison portion is subject to extension under s. 302.113 (3) and, if applicable, to reduction under s. 302.045 (3m), 302.05 (3) (c) 2. a., or 302.113 (9g), or 973.195 (1r) adjustment under s. 302.113 (2) (b) or 304.06 (1).

AB75, s. 3379 Section 3379. 973.01 (4m) of the statutes is created to read:

AB75,1640,22 973.01 (4m) Good time credit toward discharge from extended supervision. Notwithstanding sub. (2) (d), a person sentenced to a bifurcated sentence under sub. (1) for a misdemeanor or a Class F to Class I felony that is not a violent offense, as defined in s. 301.048 (2) (bm) 1., is eligible to earn good time credit in the amount of one day for every day served without violating a rule or condition of extended supervision leading to a sanction or revocation. The department shall discharge the person from extended supervision when he or she has served the extended supervision portion of his or her bifurcated sentence, less good time he or she has earned. This subsection does not apply to a person who is the subject of a bulletin issued under s. 301.46 (2m) or who is a violent offender, as defined in s. 16.964 (12) (a).

AB75, s. 3380 Section 3380. 973.01 (4r) of the statutes is created to read:

AB75,1641,11 973.01 (4r) Petition for reduction of extended supervision. (a) 1. Notwithstanding sub. (2) (d), a person sentenced to a bifurcated sentence under sub. (1) for a felony that is not a violent offense, as defined in s. 301.048 (2) (bm) 1., and who is ineligible for positive adjustment time under s. 302.113 (2) (b) pursuant to 973.01 (3d) (b) or for a Class F to Class I felony that is a violent offense, as defined in s. 301.048 (2) (bm) 1., may earn good time toward the reduction of extended supervision in the amount of one day for every 3 days that he or she serves without violating a condition of extended supervision leading to a sanction or revocation. The person may petition to the earned release review commission to have his or her period of extended supervision reduced when he or she has served the extended supervision portion of his or her sentence, less good time he or she has earned. This subdivision does not apply to a person who is the subject of a bulletin issued under s. 301.46 (2m).

AB75,1641,20 2. Notwithstanding sub. (2) (d), a person sentenced to a bifurcated sentence under sub. (1) for a Class C to Class E felony may earn good time toward the reduction of extended supervision in the amount of one day for every 5.7 days that he or she serves without violating a condition of extended supervision leading to a sanction or revocation. The person may petition to the earned release review commission to have his or her period of extended supervision reduced when he or she has served the extended supervision portion of his or her sentence, less good time he or she has earned. This subdivision does not apply to a person who is the subject of a bulletin issued under s. 301.46 (2m).

AB75,1641,24 (b) The earned release review commission may consider as grounds for a petition under par. (a) to reduce the length of a person's period of extended supervision whether the person has met the conditions of extended supervision and a reduction is in the interests of justice.

AB75, s. 3381 Section 3381. 973.01 (7) of the statutes is amended to read:

AB75,1642,5 973.01 (7) No discharge Discharge. The department of corrections may not shall discharge a person who is serving a bifurcated sentence from custody, control and supervision until when the person has served the entire bifurcated sentence, as modified under sub. (4m) or (4r) or s. 302.113 (2) (b), (9g), or (9h) or 304.06 (1), if applicable.

AB75, s. 3382 Section 3382. 973.01 (8) (a) 2. of the statutes is amended to read: