SB82-SSA1,242 21Section 242. 939.60 of the statutes is amended to read:
SB82-SSA1,77,24 22939.60 Felony and misdemeanor defined. A crime punishable by
23imprisonment in the Wisconsin state prisons is a felony
" Felony" has the meaning
24given in s. 967.025 (11)
. Every other crime is a misdemeanor.
SB82-SSA1,243 25Section 243. 939.615 (2) (a) of the statutes is amended to read:
SB82-SSA1,78,7
1939.615 (2) (a) Except as provided in par. (b), if a person is convicted of a serious
2sex offense or found not guilty of a serious sex offense by reason of mental disease
3or defect, the court may, in addition to sentencing the person, placing the person on
4probation or, if applicable, committing the person under s. 971.17 971.85, place the
5person on lifetime supervision by the department if notice concerning lifetime
6supervision was given to the person under s. 973.125 and if the court determines that
7lifetime supervision of the person is necessary to protect the public.
SB82-SSA1,244 8Section 244. 939.615 (3) (d) of the statutes is amended to read:
SB82-SSA1,78,129 939.615 (3) (d) If the person has been committed to the department of health
10services under s. 971.17 971.85 for the serious sex offense, upon the termination of
11his or her commitment under s. 971.17 971.85 (5) or his or her discharge from the
12commitment under s. 971.17 971.85 (6), whichever is applicable.
SB82-SSA1,245 13Section 245. 939.621 (1) (a) of the statutes is amended to read:
SB82-SSA1,78,1914 939.621 (1) (a) A person who commits, during the 72 hours immediately
15following an arrest for a domestic abuse incident as set forth in s. 968.075 969.27 (5),
16an act of domestic abuse, as defined in s. 968.075 969.27 (1) (a) that constitutes the
17commission of a crime. For the purpose of the definition under this paragraph, the
1872-hour period applies whether or not there has been a waiver by the victim under
19s. 968.075 969.27 (5) (c).
SB82-SSA1,246 20Section 246. 939.621 (2) of the statutes is amended to read:
SB82-SSA1,79,221 939.621 (2) If a person commits an act of domestic abuse, as defined in s.
22968.075 969.27 (1) (a) and the act constitutes the commission of a crime, the
23maximum term of imprisonment for that crime may be increased by not more than
242 years if the person is a domestic abuse repeater. The victim of the domestic abuse
25crime does not have to be the same as the victim of the domestic abuse incident that

1resulted in the prior arrest or conviction. The penalty increase under this section
2changes the status of a misdemeanor to a felony.
SB82-SSA1,247 3Section 247. 939.74 (1) of the statutes is amended to read:
SB82-SSA1,79,84 939.74 (1) Except as provided in subs. (2) and (2d) and s. 946.88 (1), prosecution
5for a felony must be commenced within 6 years and prosecution for a misdemeanor
6or for adultery within 3 years after the commission thereof. Within the meaning of
7this section, a prosecution has commenced when a warrant or summons is issued,
8an indictment is found, or an information a complaint is filed.
SB82-SSA1,248 9Section 248. 939.74 (3) of the statutes is amended to read:
SB82-SSA1,79,1410 939.74 (3) In computing the time limited by this section, the time during which
11the actor was not publicly a resident within this state or during which a prosecution
12against the actor for the same act was pending shall not be included. A prosecution
13is pending when a warrant or a summons has been issued, an indictment has been
14found, or an information a complaint has been filed.
SB82-SSA1,249 15Section 249. 939.74 (4) of the statutes is amended to read:
SB82-SSA1,79,1916 939.74 (4) In computing the time limited by this section, the time during which
17an alleged victim under s. 940.22 (2) is unable to seek the issuance filing of a
18complaint under s. 968.02 970.08 due to the effects of the sexual contact or due to any
19threats, instructions or statements from the therapist shall not be included.
SB82-SSA1,250 20Section 250. 940.09 (1m) (a) of the statutes is amended to read:
SB82-SSA1,80,221 940.09 (1m) (a) A person may be charged with and a prosecutor may proceed
22upon an information based upon a violation of any combination of sub. (1) (a), (am),
23or (b); any combination of sub. (1) (a), (am), or (bm); any combination of sub. (1) (c),
24(cm), or (d); any combination of sub. (1) (c), (cm), or (e); any combination of sub. (1g)

1(a), (am), or (b) or;; or any combination of sub. (1g) (c), (cm), or (d) for acts arising out
2of the same incident or occurrence.
SB82-SSA1,251 3Section 251. 940.09 (1m) (b) of the statutes is amended to read:
SB82-SSA1,80,134 940.09 (1m) (b) If a person is charged in an information with any of the
5combinations of crimes referred to in par. (a), the crimes shall be joined under s.
6971.12 970.13. If the person is found guilty of more than one of the crimes so charged
7for acts arising out of the same incident or occurrence, there shall be a single
8conviction for purposes of sentencing and for purposes of counting convictions under
9s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6) (a) 2. and 3., under s. 343.307 (1) or under
10s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b), (bm), (c), (cm), (d), and (e) each
11require proof of a fact for conviction which the others do not require, and sub. (1g)
12(a), (am), (b), (c), (cm), and (d) each require proof of a fact for conviction which the
13others do not require.
SB82-SSA1,252 14Section 252. 940.225 (4) (intro.) of the statutes is amended to read:
SB82-SSA1,80,2015 940.225 (4) Consent. (intro.) "Consent", as used in this section, means words
16or overt actions by a person who is competent to give informed consent indicating a
17freely given agreement to have sexual intercourse or sexual contact. Consent is not
18an issue in alleged violations of sub. (2) (c), (cm), (d), (g), (h), and (i). The following
19persons are presumed incapable of consent but the presumption may be rebutted by
20competent evidence, subject to the provisions of s. 972.11 (2) 904.045:
SB82-SSA1,253 21Section 253. 940.25 (1m) (b) of the statutes is amended to read:
SB82-SSA1,81,422 940.25 (1m) (b) If a person is charged in an information with any of the
23combinations of crimes referred to in par. (a), the crimes shall be joined under s.
24971.12 970.13. If the person is found guilty of more than one of the crimes so charged
25for acts arising out of the same incident or occurrence, there shall be a single

1conviction for purposes of sentencing and for purposes of counting convictions under
2s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6) (a) 2. or 3., under ss. 343.30 (1q) and
3343.305 or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b), (bm), (c), (cm),
4(d), and (e) each require proof of a fact for conviction which the others do not require.
SB82-SSA1,254 5Section 254. 940.32 (2m) (d) of the statutes is amended to read:
SB82-SSA1,81,76 940.32 (2m) (d) The person violates s. 968.31 968.345 (1) or 968.34 968.376 (1)
7in order to facilitate the violation.
SB82-SSA1,255 8Section 255. 940.48 (intro.) of the statutes is amended to read:
SB82-SSA1,81,11 9940.48 Violation of court orders. (intro.) Whoever violates an order issued
10under s. 940.47 or violates any condition of a bond required under s. 969.33 (4) (d)
11may be punished as follows:
SB82-SSA1,256 12Section 256. 940.49 of the statutes is repealed.
SB82-SSA1,257 13Section 257. 941.28 (5) of the statutes is amended to read:
SB82-SSA1,81,1514 941.28 (5) Any firearm seized under this section is subject to s. 968.20 (3)
15175.27 (1) and is presumed to be contraband.
SB82-SSA1,258 16Section 258. 941.29 (3) of the statutes, as affected by 2015 Wisconsin Act 109,
17is amended to read:
SB82-SSA1,81,1918 941.29 (3) Any firearm involved in an offense under this section is subject to
19s. 968.20 (3) 175.27 (1).
SB82-SSA1,259 20Section 259. 943.245 (3m) of the statutes is amended to read:
SB82-SSA1,81,2521 943.245 (3m) Any recovery under this section shall be reduced by the amount
22recovered as restitution for the same act under ss. 800.093 and 973.20 or as
23recompense under s. 969.13 969.42 (5) (a) for the same act and by any amount
24collected in connection with the act and paid to the plaintiff under a deferred
25prosecution agreement under s. 971.41.
SB82-SSA1,260
1Section 260. 943.51 (3r) of the statutes is amended to read:
SB82-SSA1,82,42 943.51 (3r) Any recovery under this section shall be reduced by the amount
3recovered as restitution for the same act under ss. 800.093 and 973.20 or as
4recompense under s. 969.13 969.42 (5) (a) for the same act.
SB82-SSA1,261 5Section 261. 946.49 (1) (intro.) of the statutes is amended to read:
SB82-SSA1,82,76 946.49 (1) (intro.) Whoever, having been released from custody under s. 974.09
7or
ch. 969, intentionally fails to comply with the terms of his or her bond is:
SB82-SSA1,262 8Section 262. 946.49 (2) of the statutes is amended to read:
SB82-SSA1,82,119 946.49 (2) A witness for whom bail has been required conditions of release have
10been set
under s. 969.01 (3) 969.52 is guilty of a Class I felony for failure to appear
11as provided.
SB82-SSA1,263 12Section 263 . 946.52 of the statutes, as affected by 2013 Wisconsin Act 20,
13section 1922, is amended to read:
SB82-SSA1,82,17 14946.52 Failure to submit biological specimen. Whoever intentionally fails
15to comply with a requirement to submit a biological specimen under s. 165.76, 165.84
16(7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8) 971.028 (7), 973.047, or 980.063
17is guilty of a Class A misdemeanor.
SB82-SSA1,264 18Section 264. 946.60 (1) of the statutes is amended to read:
SB82-SSA1,82,2419 946.60 (1) Whoever intentionally destroys, alters, mutilates, conceals,
20removes, withholds, or transfers possession of a document or other object, knowing
21that a subpoena has been issued for the document has been subpoenaed or other
22object
by a court or, by or at the request of a district attorney or the attorney general,
23or by an attorney of record in a criminal case or a case under ch. 938 or 980, is guilty
24of a Class I felony.
SB82-SSA1,265 25Section 265. 946.86 (2) of the statutes is amended to read:
SB82-SSA1,83,6
1946.86 (2) Any criminal complaint alleging violation of s. 946.83 or 946.85 shall
2allege the extent of property subject to forfeiture under this section. At trial, the trier
3of fact shall return a special verdict determining the extent of property, if any, to be
4subject to forfeiture under this section. When a special verdict contains a finding of
5property subject to a forfeiture under this section, a judgment of criminal forfeiture
6shall be entered along with the judgment of conviction under s. 972.13 972.28.
SB82-SSA1,266 7Section 266. 946.87 (2) (am) of the statutes is amended to read:
SB82-SSA1,83,158 946.87 (2) (am) Notwithstanding par. (a), property described in par. (a) is
9subject to forfeiture if the person who violated s. 946.83 or 946.85 has not been
10convicted, but he or she is a defendant in a criminal proceeding, is released, pending
11trial, on bail, as defined in s. 969.001 conditions under ch. 969, and fails to appear
12in court regarding the criminal proceeding. However, before making the final
13determination of any action under this section, the court must determine that the
14party bringing the action can prove the person committed the violation of s. 946.83
15or 946.85.
SB82-SSA1,267 16Section 267. 948.015 (9) of the statutes is amended to read:
SB82-SSA1,83,1917 948.015 (9) A crime that involves an act of domestic abuse, as defined in s.
18968.075 969.27 (1) (a), if the court includes in its reasoning under s. 973.017 (10m)
19for its sentencing decision the aggravating factor under s. 973.017 (6m).
SB82-SSA1,268 20Section 268. 948.31 (5) of the statutes is amended to read:
SB82-SSA1,83,2221 948.31 (5) The venue of an action under this section is prescribed in s. 971.19
22970.14 (8).
SB82-SSA1,269 23Section 269. 948.50 (5) of the statutes is amended to read:
SB82-SSA1,83,2524 948.50 (5) This section does not apply to any law enforcement officer
25conducting a strip search under s. 968.255 968.585.
SB82-SSA1,270
1Section 270. 949.165 (1) (a) of the statutes is amended to read:
SB82-SSA1,84,42 949.165 (1) (a) "Serious crime" has the meaning designated in s. 969.08 (10)
3969.51 (7) (b) and includes solicitation, conspiracy or attempt to commit a serious
4crime.
SB82-SSA1,271 5Section 271. 949.165 (9) of the statutes is amended to read:
SB82-SSA1,84,96 949.165 (9) Interpleader. If a court determines that a person accused of a
7serious crime is incompetent to proceed under s. 971.14 971.81 or if the charges are
8dismissed without prejudice, the department shall bring an action of interpleader to
9determine the disposition of the escrow account.
SB82-SSA1,272 10Section 272. 950.04 (1v) (d) of the statutes is amended to read:
SB82-SSA1,84,1311 950.04 (1v) (d) To request an order for, and to be given the results of, testing
12to determine the presence of a communicable disease, as provided under ss. s.
13938.296 or 968.38 968.725.
SB82-SSA1,273 14Section 273. 950.04 (1v) (dL) of the statutes is amended to read:
SB82-SSA1,84,1915 950.04 (1v) (dL) To not be the subject of a law enforcement officer's or district
16attorney's order, request, or suggestion that he or she submit to a test using a lie
17detector, as defined in s. 111.37 (1) (b), if he or she claims to have been the victim of
18a sexual assault under s. 940.22 (2), 940.225, 948.02 (1) or (2), or 948.085, except as
19permitted under s. 968.265 968.595.
SB82-SSA1,274 20Section 274 . 950.04 (1v) (do) of the statutes is amended to read:
SB82-SSA1,84,2421 950.04 (1v) (do) To be informed about the process by which he or she may file
22a complaint under s. 968.02 or 968.26 968.105 (2) and about the process of an inquest
23under s. 979.05 968.025 if he or she is the victim of an officer-involved death, as
24defined in s. 175.47 (1) (c).
SB82-SSA1,275 25Section 275. 950.04 (1v) (e) of the statutes is amended to read:
SB82-SSA1,85,2
1950.04 (1v) (e) To be provided a waiting area under ss. 938.2965 and 967.10
2967.23.
SB82-SSA1,276 3Section 276. 950.04 (1v) (em) of the statutes is amended to read:
SB82-SSA1,85,74 950.04 (1v) (em) To have his or her interests considered by the court in
5determining whether to exclude persons from a preliminary examination, as
6provided under s. 971.042 (4), or a probable cause or retention
hearing concerning
7a juvenile
, as provided under s. 970.03 (4) 971.75.
SB82-SSA1,277 8Section 277. 950.04 (1v) (er) of the statutes is amended to read:
SB82-SSA1,85,119 950.04 (1v) (er) To not be compelled to submit to a pretrial interview or
10deposition by a defendant or his or her attorney as provided under s. 971.23 971.43
11(6c).
SB82-SSA1,278 12Section 278. 950.04 (1v) (g) of the statutes is amended to read:
SB82-SSA1,85,1513 950.04 (1v) (g) To have reasonable attempts made to notify the victim of
14hearings or court proceedings, as provided under ss. 302.113 (9g) (g) 2., 302.114 (6),
15938.27 (4m) and (6), 938.273 (2), 971.095 (3), and 972.14 973.003 (3) (b).
SB82-SSA1,279 16Section 279. 950.04 (1v) (L) of the statutes is amended to read:
SB82-SSA1,85,2017 950.04 (1v) (L) To have the district attorney or corporation counsel, whichever
18is applicable, make a reasonable attempt to contact the victim concerning the
19victim's right to make a statement, as provided under ss. 938.32 (1) (b) 2., 938.335
20(3m) (b) and 972.14 973.003 (3) (b).
SB82-SSA1,280 21Section 280. 950.04 (1v) (m) of the statutes is amended to read:
SB82-SSA1,85,2422 950.04 (1v) (m) To provide statements concerning sentencing, disposition, or
23parole, as provided under ss. 304.06 (1) (e), 938.32 (1) (b) 1g., 938.335 (3m) (ag), and
24972.14 973.003 (3) (a).
SB82-SSA1,281 25Section 281. 950.04 (1v) (p) of the statutes is amended to read:
SB82-SSA1,86,5
1950.04 (1v) (p) To have the person preparing a presentence investigation under
2s. 972.15 973.004 make a reasonable attempt to contact the victim, as provided in s.
3972.15 973.004 (2m), and to view the sentence recommendation and any victim
4information included on the presentence investigation report, as provided in s.
5972.15 973.004 (4m).
SB82-SSA1,282 6Section 282. 950.04 (1v) (pd) of the statutes is amended to read:
SB82-SSA1,86,97 950.04 (1v) (pd) Subject to the limits set forth in s. 972.15 973.004 (4r), to view
8portions of a presentence investigation report prepared under s. 972.15 973.004 that
9relate to the crime upon the victim.
SB82-SSA1,283 10Section 283. 950.04 (1v) (qm) of the statutes is amended to read:
SB82-SSA1,86,1111 950.04 (1v) (qm) To recompense as provided under s. 969.13 969.42 (5) (a).
SB82-SSA1,284 12Section 284. 950.04 (1v) (s) of the statutes is amended to read:
SB82-SSA1,86,1813 950.04 (1v) (s) To have any stolen or other personal property expeditiously
14returned by law enforcement agencies when no longer needed as evidence, subject
15to s. 968.205 968.645. If feasible, all such property, except weapons, currency,
16contraband, property subject to evidentiary analysis, property subject to
17preservation under s. 968.205 968.645, and property the ownership of which is
18disputed, shall be returned to the person within 10 days of being taken.
SB82-SSA1,285 19Section 285. 950.04 (1v) (um) of the statutes is amended to read:
SB82-SSA1,86,2220 950.04 (1v) (um) To have district attorneys make a reasonable attempt to notify
21the victim under s. 971.17 971.85 (4m) regarding conditional releases under s. 971.17
22971.85.
SB82-SSA1,286 23Section 286. 950.04 (1v) (x) of the statutes is amended to read:
SB82-SSA1,87,224 950.04 (1v) (x) To have the department of health services make a reasonable
25attempt to notify the victim under s. 971.17 971.85 (6m) regarding termination or

1discharge under s. 971.17 971.85 and under s. 51.37 (10) regarding home visits under
2s. 51.37 (10).
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