1995 Wisconsin Act 27

(d) Any case in which the prosecutor elects to proceed under s. 967.052 (2).

(2m) If a person is convicted of a misdemeanor to which sub. (1) applies, a court may not place the person on probation but may place the person on community supervision under s. 973.095.

27,7225x Section 7225x. 940.20 (2m) (a) of the statutes is amended to read:

940.20 (2m) (a) In this subsection, “probation and parole agent" means any person authorized by the department of corrections to exercise control over a probationer or parolee or a person on community supervision.

27,7227 Section 7227 . 940.207 (title) of the statutes is amended to read:

940.207 (title) Battery or threat to department of development or department of industry, labor and human relations employe.

27,7228 Section 7228 . 940.207 (2) (intro.) of the statutes is amended to read:

940.207 (2) (intro.)  Whoever intentionally causes bodily harm or threatens to cause bodily harm to the person or family member of any department of development or department of industry, labor and human relations official, employe or agent under all of the following circumstances is guilty of a Class D felony:

27,7229 Section 7229 . 940.207 (2) (a) of the statutes is amended to read:

940.207 (2) (a) At the time of the act or threat, the actor knows or should have known that the victim is a department of development or department of industry, labor and human relations official, employe or agent or a member of his or her family.

27,7230 Section 7230 . 943.62 (2m) of the statutes is amended to read:

943.62 (2m) This section does not apply to a savings and loan association, credit union, bank, savings bank, or a mortgage banker, loan originator or loan solicitor registered under s. 440.72 224.72.

27,7231m Section 7231m. 945.095 (1) (d), (f), (g) and (h) of the statutes, as created by 1995 Wisconsin Act 11, are amended to read:

945.095 (1) (d) The person provides the gaming commission board, prior to the importation of the gambling devices into the state, all records that account for the gambling devices, including the identification number affixed to each gambling device by the manufacturer, and that identify the location where the gambling devices will be stored prior to the installation of the gambling devices on the vessel.

(f) If the person removes used gambling devices from a vessel, the person shall provide the gaming commission board with an inventory of the used gambling devices prior to their removal from the vessel. The inventory shall include the identification number affixed to each gambling device by the manufacturer.

(g) The person submits documentation to the gaming commission board, no later than 30 days after the date of delivery, that the vessel equipped with gambling devices has been delivered to the customer who ordered the work performed on the vessel.

(h) The person does not sell a gambling device to any other person except to a customer who shall use or possess the gambling device outside of this state in a locality where the use or possession of the gambling device is lawful. If a person sells a gambling device to such a customer, the person shall submit documentation to the gaming commission board, no later than 30 days after the date of delivery, that the gambling device has been delivered to the customer.

27,7232 Section 7232 . 946.13 (10) of the statutes is amended to read:

946.13 (10) Subsection (1) (a) does not apply to a member of a private industry council or a state job training coordinating council appointed under the job training partnership act, 29 USC 1512, or to a member of the governor's council on workforce excellence appointed under s. 15.227 (24).

27,7232q Section 7232q. 946.41 (1) of the statutes is amended to read:

946.41 (1) Whoever Subject to sub. (1m), whoever knowingly resists or obstructs an officer while such officer is doing any act in an official capacity and with lawful authority, is guilty of a Class A misdemeanor.

27,7232r Section 7232r. 946.41 (1m) of the statutes is created to read:

946.41 (1m) (a) A person may not be prosecuted under sub. (1) if all of the following apply:

1. The person violates sub. (1) solely by knowingly giving false information to an officer.

2. The person corrects the false information by providing the officer or the officer's department with the correct information not later than 48 hours after giving the false information to the officer.

(am) Paragraph (a) does not prohibit a prosecutor from charging a person who may not be prosecuted under par. (a) with a violation of a county ordinance if the county in which the violation of sub. (1) allegedly occurred has an ordinance that is in conformity with or substantially similar to sub. (1).

(b) If a prosecutor filed a complaint that charges a person with violating sub. (1) and par. (a) applies, the prosecutor shall comply with s. 968.03 (4).

27,7233m Section 7233m. 946.42 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385, is amended to read:

946.42 (1) (a) “Custody" includes without limitation actual custody of an institution, including a secured juvenile correctional facility, a secure detention facility, as defined under s. 48.02 (16), or a juvenile portion of a county jail, or of a peace officer or institution guard and constructive custody of prisoners and juveniles subject to an order under s. 48.34 (4m), 48.357 (4) or (5) (e) or 48.366 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. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the county to which the prisoner was transferred after conviction. “Custody" also includes the custody by the department of health and social services of a child who is placed in the community under corrective sanctions supervision under s. 48.533 and custody by the department of corrections of a person who is placed in the community under youthful offender supervision under s. 48.537. It does not include the custody of a probationer or parolee by the department of corrections or a probation or parole officer or the custody of a person who has been released to aftercare supervision under ch. 48 unless the person is in actual custody.

27,7233p Section 7233p. 946.42 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

946.42 (1) (a) “Custody" includes without limitation actual custody of an institution, including a secured juvenile correctional facility, a secured child caring institution, as defined in s. 48.02 (15g), a secure detention facility, as defined under s. 48.02 (16), or a juvenile portion of a county jail, or of a peace officer or institution guard and constructive custody of prisoners and juveniles subject to an order under s. 48.34 (4m), 48.357 (4) or (5) (e) or 48.366 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. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the county to which the prisoner was transferred after conviction. “Custody" also includes the custody by the department of corrections of a child who is placed in the community under corrective sanctions supervision under s. 48.533 or serious juvenile offender supervision under s. 48.538. It does not include the custody of a probationer or parolee by the department of corrections or a probation or parole officer or the custody of a person who has been released to aftercare supervision under ch. 48 unless the person is in actual custody.

27,7234m Section 7234m. 946.44 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377 and 486, is amended to read:

946.44 (1) (a) Any officer or employe of an institution where prisoners are detained or any officer or employe providing corrective sanctions supervision under s. 48.533 or youthful offender supervision under s. 48.537 who intentionally permits a prisoner in the officer's or employe's custody to escape; or

27,7234p Section 7234p. 946.44 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377 and 486 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

946.44 (1) (a) Any officer or employe of an institution where prisoners are detained or any officer or employe providing corrective sanctions supervision under s. 48.533 or serious juvenile offender supervision under s. 48.538 who intentionally permits a prisoner in the officer's or employe's custody to escape; or

27,7234r Section 7234r. 946.44 (2) (c) of the statutes is amended to read:

946.44 (2) (c) “Institution" includes a secured juvenile correctional facility and a secured child caring institution.

27,7234t Section 7234t. 946.44 (2) (d) of the statutes, as affected by 1993 Wisconsin Acts 377 and 491, is amended to read:

946.44 (2) (d) “Prisoner" includes a person who is committed to the custody of the department of corrections under s. 48.34 (4g) or placed in a secured correctional facility under s. 48.34 (4m) or 48.357 (4) or (5) (e) or who is subject to an order under s. 48.366.

27,7234v Section 7234v. 946.44 (2) (d) of the statutes, as affected by 1993 Wisconsin Acts 377 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

946.44 (2) (d) “Prisoner" includes a person who is under the supervision of the department of corrections under s. 48.34 (4h) or placed in a secured correctional facility or secured child caring institution under s. 48.34 (4m) or 48.357 (4) or (5) (e) or who is subject to an order under s. 48.366.

27,7235m Section 7235m. 946.45 (1) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

946.45 (1) Any officer or employe of an institution where prisoners are detained or any officer or employe providing corrective sanctions supervision under s. 48.533 or youthful offender supervision under s. 48.537 who, through his or her neglect of duty, allows a prisoner in his or her custody to escape is guilty of a Class B misdemeanor.

27,7235p Section 7235p. 946.45 (1) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

946.45 (1) Any officer or employe of an institution where prisoners are detained or any officer or employe providing corrective sanctions supervision under s. 48.533 or serious juvenile offender supervision under s. 48.538 who, through his or her neglect of duty, allows a prisoner in his or her custody to escape is guilty of a Class B misdemeanor.

27,7235r Section 7235r. 946.45 (2) (c) of the statutes is amended to read:

946.45 (2) (c) “Institution" includes a secured juvenile correctional facility and a secured child caring institution.

27,7235t Section 7235t. 946.45 (2) (d) of the statutes, as affected by 1993 Wisconsin Acts 377 and 491, is amended to read:

946.45 (2) (d) “Prisoner" includes a person who is committed to the custody of the department of corrections under s. 48.34 (4g) or placed in a secured correctional facility under s. 48.34 (4m) or 48.357 (4) or (5) (e) or who is subject to an order under s. 48.366.

27,7235v Section 7235v. 946.45 (2) (d) of the statutes, as affected by 1993 Wisconsin Acts 377 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

946.45 (2) (d) “Prisoner" includes a person who is under the supervision of the department of corrections under s. 48.34 (4h) or placed in a secured correctional facility or secured child caring institution under s. 48.34 (4m) or 48.357 (4) or (5) (e) or who is subject to an order under s. 48.366.

27,7235x Section 7235x. 946.46 of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

946.46 Encouraging violation of probation or parole. Whoever intentionally aids or encourages a parolee or probationer or any person committed to the custody or supervision of the department of corrections, the department of health and social services or a county department under s. 46.215, 46.22 or 46.23 by reason of crime or delinquency to abscond or violate a term or condition of parole or probation is guilty of a Class A misdemeanor.

27,7236 Section 7236 . 948.01 (1) of the statutes is amended to read:

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.

27,7237 Section 7237 . 948.31 (1) (a) 2. of the statutes is amended to read:

948.31 (1) (a) 2. The department of health and social services or the department of corrections or any person, county department under s. 46.215, 46.22 or 46.23 or licensed child welfare agency, if custody of the child has been transferred under ch. 48 to that department, person or agency.

27,7238 Section 7238 . 948.35 (1) (a) of the statutes is amended to read:

948.35 (1) (a) Except as provided in pars. (b) to (d) or s. 161.455, any person who has attained the age of 18 17 years and who, with the intent that a felony be committed and under circumstances that indicate unequivocally that he or she has the intent, knowingly solicits, advises, hires, directs or counsels a child person 17 years of age or under to commit that felony may be fined or imprisoned or both, not to exceed the maximum penalty for the felony.

27,7239 Section 7239 . 948.36 (1) of the statutes is amended to read:

948.36 (1) Any person who has attained the age of 18 17 years and who, with the intent that a Class A felony be committed and under circumstances that indicate unequivocally that he or she has that intent, knowingly solicits, advises, hires, directs, counsels, employs, uses or otherwise procures a child person 17 years of age or under to commit that Class A felony may, if the Class A felony is committed by the child, be imprisoned for not more than 5 years in excess of the maximum period of imprisonment provided by law for that Class A felony.

27,7240 Section 7240 . 948.45 (1) of the statutes is amended to read:

948.45 (1) Except as provided in sub. (2), any person 18 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 child person 17 years of age or under is guilty of a Class C misdemeanor.

27,7241 Section 7241 . 948.45 (2) of the statutes is amended to read:

948.45 (2) Subsection (1) does not apply to a person who has under his or her control a child who has been sanctioned under s. 49.50 (7) (h) 49.26 (1) (h).

27,7242 Section 7242 . 948.60 (title), (2) and (3) of the statutes are amended to read:

948.60 (title) Possession of a dangerous weapon by a child person under 18.

(2) (a) Any child person under 18 years of age who possesses or goes armed with a dangerous weapon is guilty of a Class A misdemeanor.

(b) Except as provided in par. (c), any person who intentionally sells, loans or gives a dangerous weapon to a child person under 18 years of age is guilty of a Class E felony.

(c) Whoever violates par. (b) is guilty of a Class D felony if the child person under 18 years of age under par. (b) discharges the firearm and the discharge causes death to himself, herself or another.

(d) A child person under 17 years of age who has violated this subsection is subject to the provisions of ch. 48 unless jurisdiction is waived under s. 48.18

(3) (a) This section does not apply to a child person under 18 years of age who possesses or is armed with a dangerous weapon when the dangerous weapon is being used in target practice under the supervision of an adult or in a course of instruction in the traditional and proper use of the dangerous weapon under the supervision of an adult. This section does not apply to an adult who transfers a dangerous weapon to a child person under 18 years of age for use only in target practice under the adult's supervision or in a course of instruction in the traditional and proper use of the dangerous weapon under the adult's supervision.

(b) This section does not apply to a child person under 18 years of age who is a member of the armed forces or national guard and who possesses or is armed with a dangerous weapon in the line of duty. This section does not apply to an adult who is a member of the armed forces or national guard and who transfers a dangerous weapon to a child person under 18 years of age in the line of duty.

(c) This section does not apply to a child person under 18 years of age who possesses or is armed with a firearm having a barrel 12 inches in length or longer and who is in compliance with ss. 29.226 and 29.227. This section does not apply to an adult who transfers a firearm having a barrel 12 inches in length or longer to a child person under 18 years of age who is in compliance with ss. 29.226 and 29.227.

27,7243 Section 7243 . 948.61 (4) of the statutes is amended to read:

948.61 (4) A child person under 17 years of age who has violated this section is subject to the provisions of ch. 48, unless jurisdiction is waived under s. 48.18.

27,7245 Section 7245 . 967.02 (2) of the statutes is amended to read:

967.02 (2) “Department" means the department of corrections, except as provided in s. ss. 973.135 (1) (a) and 975.001.

27,7245m Section 7245m. 967.052 of the statutes is created to read:

967.052 Prosecution of certain misdemeanor offenses; restriction on penalty. (1) (a) Except as provided in sub. (2), if a prosecutor decides to charge a person with a misdemeanor offense that is punishable by imprisonment and s. 939.615 (1) applies to the offense and to the person to be charged with the offense, the complaint shall specify that the penalty for the offense is the fine and any penalties, other than imprisonment, authorized by law for the offense.

(b) If a prosecutor decides to charge a person with a misdemeanor offense that is punishable by imprisonment and s. 939.615 (1) does not apply to the person to be charged with the offense because he or she has previously been convicted of any state or federal crime, the complaint shall include all of the following:

1. A statement specifying the penalties, including imprisonment, authorized by law for the offense.

2. An allegation that s. 939.615 (1) does not apply to the defendant because he or she has previously been convicted of a state or federal crime.

(2) Notwithstanding s. 939.615 (1), a prosecutor may seek imprisonment authorized by law in a case in which s. 939.615 (1) applies to the offense and to the person to be charged if the prosecutor does all of the following:

(a) Specifies in the complaint the penalties, including imprisonment, authorized by law for the offense.

(b) Specifies in the complaint his or her reasons for seeking imprisonment in the case.

(2m) A prosecutor has the same discretion to seek imprisonment under sub. (2) as he or she has in making other charging decisions. The statement of reasons required under sub. (2) (b) is not an element of the offense and a prosecutor is not required to present any evidence to support his or her decision to seek imprisonment under sub. (2).

(3) If, after filing a complaint under sub. (1) (a), a prosecutor decides to seek imprisonment authorized by law for the offense charged, he or she may move to dismiss the complaint filed under sub. (1) (a). The court shall grant a motion to dismiss under this subsection if jeopardy has not attached in the case. If a motion to dismiss under this subsection is granted, the prosecutor may file a new complaint under sub. (2). A prosecutor may not seek imprisonment for an offense charged in a complaint filed under sub. (1) (a) by amending the complaint.

27,7246 Section 7246 . 967.08 (2) (intro.) of the statutes is amended to read: