AB68: Bill Text

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:

AB68,1724,5 961.75 (title) Controlled substances Marijuana therapeutic research.

AB68,3372 Section 3372 . 961.38 (1n) of the statutes is repealed.

AB68,3373 Section 3373 . 961.41 (1) (h) of the statutes is repealed.

AB68,3374 Section 3374 . 961.41 (1m) (h) of the statutes is repealed.

AB68,3375 Section 3375 . 961.41 (1q) of the statutes is repealed.

AB68,3376 Section 3376 . 961.41 (1r) of the statutes is amended to read:

AB68,1724,20 961.41 (1r) Determining weight of substance. In determining amounts under s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m), an amount includes the weight of cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, tetrahydrocannabinols, synthetic cannabinoids, or substituted cathinones, or any controlled substance analog of any of these substances together with any compound, mixture, diluent, plant material or other substance mixed or combined with the controlled substance or controlled substance analog. In addition, in determining amounts under subs. (1) (h) and (1m) (h), the amount of tetrahydrocannabinols means anything included under s. 961.14 (4) (t) and includes the weight of any marijuana.

AB68,3377 Section 3377. 961.41 (1x) of the statutes is amended to read:

AB68,1724,24 961.41 (1x) Conspiracy. Any person who conspires, as specified in s. 939.31, to commit a crime under sub. (1) (cm) to (h) (g) or (1m) (cm) to (h) (g) is subject to the applicable penalties under sub. (1) (cm) to (h) (g) or (1m) (cm) to (h) (g).

AB68,3378 Section 3378 . 961.41 (3g) (c) of the statutes is amended to read:

AB68,1725,10 961.41 (3g) (c) Cocaine and cocaine base. If a person possesses or attempts to possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, the person shall be fined not more than $5,000 and may be imprisoned for not more than one year in the county jail upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.

AB68,3379 Section 3379 . 961.41 (3g) (d) of the statutes is amended to read:

AB68,1726,3 961.41 (3g) (d) Certain hallucinogenic and stimulant drugs. If a person possesses or attempts to possess lysergic acid diethylamide, phencyclidine, amphetamine, 3,4-methylenedioxymethamphetamine, methcathinone, cathinone, N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm), (u) to (xb), or (7) (L), psilocin, or psilocybin, or a controlled substance analog of lysergic acid diethylamide, phencyclidine, amphetamine, 3,4-methylenedioxymethamphetamine, methcathinone, cathinone, N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm), (u) to (xb), or (7) (L), psilocin, or psilocybin, the person may be fined not more than $5,000 or imprisoned for not more than one year in the county jail or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.

AB68,3380 Section 3380 . 961.41 (3g) (e) of the statutes is repealed.

AB68,3381 Section 3381 . 961.41 (3g) (em) of the statutes is amended to read:

AB68,1726,16 961.41 (3g) (em) Synthetic cannabinoids. If a person possesses or attempts to possess a controlled substance specified in s. 961.14 (4) (tb), or a controlled substance analog of a controlled substance specified in s. 961.14 (4) (tb), the person may be fined not more than $1,000 or imprisoned for not more than 6 months or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.

AB68,3382 Section 3382. 961.443 (2) (title) of the statutes is amended to read:

AB68,1726,19 961.443 (2) (title) Immunity from criminal prosecution and revocation of parole, probation, or extended supervision.

AB68,3383 Section 3383. 961.443 (2) of the statutes is renumbered 961.443 (2) (a) and amended to read: