AB68: Bill Text

AB68,3330 Section 3330 . 941.29 (1m) (g) of the statutes is amended to read:

AB68,1714,12 941.29 (1m) (g) The person is subject to an order not to possess a firearm under s. 813.123 (5m), 813.124 (2t) or (3), or 813.125 (4m).

AB68,3331 Section 3331 . 941.296 (1) (b) of the statutes is amended to read:

AB68,1714,15 941.296 (1) (b) “Handgun" has the meaning given in s. 175.35 (1) (b) 941.237 (1) (d).

AB68,3332 Section 3332 . 941.315 (5) of the statutes is amended to read:

AB68,1714,20 941.315 (5) (a) Subsection (2) does not apply to a person to whom nitrous oxide is administered for the purpose of providing medical or dental care, if the nitrous oxide is administered by a physician or, dentist, or dental therapist or at the direction or under the supervision of a physician or, dentist, or dental therapist.

AB68,1714,24 (b) Subsection (3) does not apply to the administration of nitrous oxide by a physician or, dentist, or dental therapist, or by another person at the direction or under the supervision of a physician or, dentist, or dental therapist, for the purpose of providing medical or dental care.

AB68,1715,4 (c) Subsection (3) (c) does not apply to the sale to a hospital, health care clinic or other health care organization or to a physician or , dentist, or dental therapist of any object used, designed for use or primarily intended for use in administering nitrous oxide for the purpose of providing medical or dental care.

AB68,3333 Section 3333 . 943.20 (2) (c) of the statutes is amended to read:

AB68,1715,8 943.20 (2) (c) “Property of another" includes property in which the actor is a co-owner and property of a partnership of which the actor is a member, unless the actor and the victim are husband and wife married to each other.

AB68,3334 Section 3334 . 943.201 (1) (b) 8. of the statutes is amended to read:

AB68,1715,11 943.201 (1) (b) 8. The maiden name surname of an individual's mother parent before marriage if the surname was changed as a result of marriage.

AB68,3335 Section 3335 . 943.205 (2) (b) of the statutes is amended to read:

AB68,1715,15 943.205 (2) (b) “Owner" includes a co-owner of the person charged and a partnership of which the person charged is a member, unless the person charged and the victim are husband and wife married to each other.

AB68,3336 Section 3336 . 946.15 of the statutes is created to read:

AB68,1716,5 946.15 Public construction contracts at less than full rate. (1) Any employer, or any agent or employee of an employer, who induces any individual 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), 103.49 (3), 103.50 (3), or 229.8275 (3) to give up, waive, or return any part of the compensation to which that individual is entitled under his or her contract of employment or under the prevailing wage rate determination issued by the department, 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), 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.

AB68,1716,18 (2) Any individual 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), 103.49 (3), 103.50 (3), or 229.8275 (3) 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 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), 103.49 (3), 103.50 (3), or 229.8275 (3) during a week in which the individual 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.

AB68,1717,2 (3) Any employer or labor organization, or any agent or employee of an employer or labor organization, who induces any individual 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), 103.49 (3), 103.50 (3), or 229.8275 (3) to allow any part of the wages to which that individual is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from the individual's pay is guilty of a Class I felony, unless the deduction would be allowed under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject to 40 USC 3142.

AB68,1717,10 (4) Any individual 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), 103.49 (3), 103.50 (3), or 229.8275 (3) who allows any part of the wages to which that individual 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 allowed under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject to 40 USC 3142.

AB68,3337 Section 3337 . 946.42 (1) (a) 1. a. of the statutes is amended to read:

AB68,1717,18 946.42 (1) (a) 1. a. Actual custody of an institution, including a juvenile correctional facility, as defined in s. 938.02 (10p), a secured residential care center for children and youth, as defined in s. 938.02 (15g), a juvenile detention facility, as defined in s. 938.02 (10r), a Type 2 residential care center for children and youth, as defined in s. 938.02 (19r), 2019 stats., a facility used for the detention of persons detained under s. 980.04 (1), a facility specified in s. 980.065, or a juvenile portion of a county jail.

AB68,3338 Section 3338 . 946.42 (1) (a) 1. f. of the statutes is amended to read:

AB68,1717,24 946.42 (1) (a) 1. f. Constructive custody of prisoners and juveniles subject to an order under s. 938.183, 938.34 (4d), (4h), or (4m), or 938.357 (4) or (5) (e) temporarily outside the institution whether for the purpose of work, school, medical care, a leave granted under s. 303.068, a temporary leave or furlough granted to a juvenile, or otherwise.

AB68,3339 Section 3339 . 946.42 (1) (a) 1. f. of the statutes, as affected by 2021 Wisconsin Act .... (this act), is amended to read:

AB68,1718,7 946.42 (1) (a) 1. f. Constructive custody of prisoners and juveniles subject to an order under s. 938.183, 938.34 (4d) or (4m), or 938.357 (4) or (5) (e) temporarily outside the institution whether for the purpose of work, school, medical care, a leave granted under s. 303.068, a temporary leave or furlough granted to a juvenile, or otherwise.

AB68,3340 Section 3340. 946.42 (1) (a) 2. of the statutes is amended to read:

AB68,1718,13 946.42 (1) (a) 2. “Custody" does not include the constructive custody of a probationer, parolee, or person on extended supervision by the department of corrections or a probation, extended supervision, or parole agent or, subject to s. 938.533 (3) (a), the constructive custody of a person who has been released to community supervision or aftercare supervision under ch. 938.

AB68,3341 Section 3341 . 946.42 (3) (c) of the statutes is amended to read:

AB68,1718,17 946.42 (3) (c) Subject to a disposition under s. 938.34 (4d), (4h), or (4m), to a placement under s. 938.357 (4) or 938.533 (3) (a), or to community supervision or aftercare revocation under s. 938.357 (5) (e).

AB68,3342 Section 3342 . 946.42 (3) (c) of the statutes, as affected by 2021 Wisconsin Act .... (this act), is amended to read:

AB68,1718,22 946.42 (3) (c) Subject to a disposition under s. 938.34 (4d) or (4m), to a placement under s. 938.357 (4) or 938.533 (3) (a), or to community supervision or aftercare revocation under s. 938.357 (5) (e).

AB68,3343 Section 3343. 946.44 (2) (c) of the statutes is amended to read:

AB68,1719,2 946.44 (2) (c) “Institution" includes a juvenile correctional facility, as defined in s. 938.02 (10p), a secured residential care center for children and youth, as defined in s. 938.02 (15g), and a Type 2 residential care center for children and youth, as defined in s. 938.02 (19r), 2019 stats.

AB68,3344 Section 3344 . 946.44 (2) (d) of the statutes is amended to read:

AB68,1719,8 946.44 (2) (d) “Prisoner" includes a person who is under the supervision of the department of corrections under s. 938.34 (4h), who is placed in a juvenile correctional facility or a secured residential care center for children and youth under s. 938.183, 938.34 (4m), or 938.357 (4) or (5) (e), or who is placed in a Type 2 residential care center for children and youth under s. 938.34 (4d).

AB68,3345 Section 3345 . 946.44 (2) (d) of the statutes, as affected by 2021 Wisconsin Act .... (this act), is amended to read:

AB68,1719,14 946.44 (2) (d) “Prisoner" includes a person who is placed in a juvenile correctional facility or a secured residential care center for children and youth under s. 938.183, 938.34 (4m), or 938.357 (4) or (5) (e), or who is placed in a Type 2 residential care center for children and youth under s. 938.34 (4d).

AB68,3346 Section 3346. 946.45 (2) (c) of the statutes is amended to read:

AB68,1719,19 946.45 (2) (c) “Institution" includes a juvenile correctional facility, as defined in s. 938.02 (10p), a secured residential care center for children and youth, as defined in s. 938.02 (15g), and a Type 2 residential care center for children and youth, as defined in s. 938.02 (19r), 2019 stats.

AB68,3347 Section 3347 . 946.45 (2) (d) of the statutes is amended to read:

AB68,1719,25 946.45 (2) (d) “Prisoner" includes a person who is under the supervision of the department of corrections under s. 938.34 (4h), who is placed in a juvenile correctional facility or a secured residential care center for children and youth under s. 938.183, 938.34 (4m) or 938.357 (4) or (5) (e), or who is placed in a Type 2 residential care center for children and youth under s. 938.34 (4d).

AB68,3348 Section 3348 . 946.45 (2) (d) of the statutes, as affected by 2021 Wisconsin Act .... (this act), is amended to read:

AB68,1720,6 946.45 (2) (d) “Prisoner" includes a person who is placed in a juvenile correctional facility or a secured residential care center for children and youth under s. 938.183, 938.34 (4m) or 938.357 (4) or (5) (e), or who is placed in a Type 2 residential care center for children and youth under s. 938.34 (4d).

AB68,3349 Section 3349 . 946.49 (1) (intro.) of the statutes is renumbered 946.49 (1) and amended to read:

AB68,1720,11 946.49 (1) Whoever, having been released from custody under ch. 969, intentionally fails to comply with the terms of his or her bond is : guilty of a Class A misdemeanor.

AB68,3350 Section 3350 . 946.49 (1) (a) and (b) of the statutes are repealed.

AB68,3351 Section 3351 . 946.49 (2) of the statutes is amended to read:

AB68,1720,15 946.49 (2) A witness for whom bail has been required under s. 969.01 (3) is guilty of a Class I felony A misdemeanor for failure to appear as provided.

AB68,3352 Section 3352 . 946.50 (intro.) of the statutes is amended to read:

AB68,1720,21 946.50 Absconding. (intro.) Any person who is adjudicated delinquent, but who intentionally fails to appear before the court assigned to exercise jurisdiction under chs. 48 and 938 for his or her dispositional hearing under s. 938.335, and who does not return to that court for a dispositional hearing before attaining the age of 17 years becoming an adult is guilty of the following:

AB68,3353 Section 3353 . 947.20 of the statutes is repealed.

AB68,3354 Section 3354. 947.21 of the statutes is repealed.

AB68,3355 Section 3355 . 948.01 (1) of the statutes is amended to read:

AB68,1721,4 948.01 (1) “Child" means a person who has not attained the age of 18 years, except that for purposes of prosecuting a person who is alleged to have violated a state or federal criminal law, “child" does not include a person who has attained the age of 17 years.

AB68,3356 Section 3356 . 948.11 (2) (am) (intro.) of the statutes is amended to read:

AB68,1721,10 948.11 (2) (am) (intro.) Any person who has attained the age of 17 and adult who, with knowledge of the character and content of the description or narrative account, verbally communicates, by any means, a harmful description or narrative account to a child, with or without monetary consideration, is guilty of a Class I felony if any of the following applies:

AB68,3357 Section 3357. 948.40 (1) of the statutes is amended to read:

AB68,1721,15 948.40 (1) No person may intentionally encourage or contribute to the delinquency of a child. This subsection includes intentionally encouraging or contributing to an act by a child under the age of 10 12 which would be a delinquent act if committed by a child 10 12 years of age or older.

AB68,3358 Section 3358. 948.40 (2) of the statutes is amended to read:

AB68,1721,20 948.40 (2) No person responsible for the child's welfare may, by disregard of the welfare of the child, contribute to the delinquency of the child. This subsection includes disregard that contributes to an act by a child under the age of 10 12 that would be a delinquent act if committed by a child 10 12 years of age or older.

AB68,3359 Section 3359 . 948.45 (1) of the statutes is amended to read:

AB68,1721,25 948.45 (1) Except as provided in sub. (2), any person 17 years of age or older adult 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 child is guilty of a Class C misdemeanor.

AB68,3360 Section 3360. 948.60 (2) (d) of the statutes is amended to read:

AB68,1722,5 948.60 (2) (d) A person under 17 years of age child who has violated this subsection is subject to the provisions of ch. 938 unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.

AB68,3361 Section 3361 . 948.61 (4) of the statutes is amended to read:

AB68,1722,10 948.61 (4) A person under 17 years of age child who has violated this section is subject to the provisions of ch. 938, unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.

AB68,3362 Section 3362. 950.04 (1v) (g) of the statutes is amended to read:

AB68,1722,14 950.04 (1v) (g) To have reasonable attempts made to notify the victim of hearings or court proceedings, as provided under ss. 302.113 (9g) (g) 2., 302.114 (6), 938.27 (4m) and (6), 938.273 (2), 971.095 (3) and , 972.14 (3) (b), and 973.015 (1m) (c).

AB68,3363 Section 3363. 950.04 (1v) (gm) of the statutes is amended to read:

AB68,1722,18 950.04 (1v) (gm) To have reasonable attempts made to notify the victim of petitions for sentence adjustment as provided under s. 973.01 (5m) (d), 973.018 (3) (e), 973.09 (3m), 973.195 (1r) (d), or 973.198.

AB68,3364 Section 3364. 950.04 (1v) (m) of the statutes is amended to read:

AB68,1722,22 950.04 (1v) (m) To provide statements concerning sentencing, disposition, or parole, as provided under ss. 304.06 (1) (e), 938.32 (1) (b) 1g., 938.335 (3m) (ag), and 972.14 (3) (a), and 973.018 (4) (d).

AB68,3365 Section 3365 . 950.04 (1v) (vg) of the statutes is amended to read:

AB68,1723,2 950.04 (1v) (vg) To have the department of corrections make a reasonable attempt to notify the victim, pursuant to s. 302.107, of a revocation of parole or of release to extended supervision under s. 302.11 (7), 302.113 (9), 302.114 (9), or 304.06 (3) or (3g).

AB68,3366 Section 3366. 950.06 (2) of the statutes is amended to read:

AB68,1723,11 950.06 (2) The costs of providing services under sub. (1m) shall be paid for by the county, but the county is eligible to receive reimbursement from the state for not more than 90 percent of the costs incurred in providing those services. The department shall determine the level of services for which a county may be reimbursed. The county board shall file a claim for reimbursement with the department. The department shall reimburse counties under this subsection from the appropriations under s. 20.455 (5) (f), (k) , and (kp) and, on a semiannual basis, from the appropriation under s. 20.455 (5) (g).

AB68,3367 Section 3367 . 961.01 (14) of the statutes is renumbered 961.70 (3) and amended to read:

AB68,1723,24 961.70 (3) “Marijuana" means all parts of the plants of the genus Cannabis, whether growing or not, with a tetrahydrocannabinols concentration that is greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including tetrahydrocannabinols. “Marijuana" does include the mature stalks if mixed with other parts of the plant, but does not include fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture , or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake or the sterilized seed of the plant which is incapable of germination. “Marijuana” does not include hemp, as defined in s. 94.55 (1).

AB68,3368 Section 3368 . 961.11 (4g) of the statutes is repealed.

AB68,3369 Section 3369. 961.14 (4) (t) of the statutes is repealed.

AB68,3370 Section 3370 . 961.32 (2m) of the statutes is repealed.

AB68,3371 Section 3371 . 961.34 of the statutes is renumbered 961.75, and 961.75 (title), as renumbered, is amended to read: