LRBs0037/1
BF:skg:ks
1995 - 1996 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
To 1995 ASSEMBLY BILL 123
March 15, 1995 - Offered by Representatives Owens, Ainsworth, Albers, Otte,
Ladwig, Vrakas, Coleman, Goetsch, Grothman, Musser, Gunderson, Olsen,
Kreibich, Silbaugh, Hoven, F. Lasee, Wasserman, Porter, Lazich, Freese and
Handrick.
AB123-ASA1,1,4
1An Act to amend 302.11 (1), 304.02 (5), 304.06 (1) (b), 304.071 (2), 939.50 (2),
2948.02 (1), 971.11 (1), 971.37 (1) (intro.) and 973.09 (1) (c); and
to create 302.11
3(1x), 939.50 (1) (ab) and 939.50 (3) (ab) of the statutes;
relating to: sexual
4assault and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB123-ASA1,1,116
302.11
(1) The warden or superintendent shall keep a record of the conduct of
7each inmate, specifying each infraction of the rules. Except as provided in subs. (1g),
8(1m),
(1x), (7) and (10), each inmate is entitled to mandatory release on parole by the
9department. The mandatory release date is established at two-thirds of the
10sentence. Any calculations under this subsection or sub. (2) (b) resulting in fractions
11of a day shall be rounded in the inmate's favor to a whole day.
AB123-ASA1,1,1413
302.11
(1x) An inmate serving a term subject to s. 939.50 (3) (ab) is not entitled
14to mandatory release.
AB123-ASA1,2,42
304.02
(5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life
3sentence under s. 939.62 (2m)
or who is serving a term subject to s. 939.50 (3) (ab) 4is not eligible for release to parole supervision under this section.
AB123-ASA1,2,206
304.06
(1) (b) Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3)
,
7939.50 (3) (ab) or 973.0135, the parole commission may parole an inmate of the
8Wisconsin state prisons or any felon or any person serving at least one year or more
9in a county house of correction or a county reforestation camp organized under s.
10303.07, when he or she has served 25% of the sentence imposed for the offense, or 6
11months, whichever is greater. Except as provided in s. 939.62 (2m) or 973.014, the
12parole commission may parole an inmate serving a life term when he or she has
13served 20 years, as modified by the formula under s. 302.11 (1) and subject to
14extension using the formulas under s. 302.11 (2). The person serving the life term
15shall be given credit for time served prior to sentencing under s. 973.155, including
16good time under s. 973.155 (4). The secretary may grant special action parole
17releases under s. 304.02. The department or the parole commission shall not provide
18any convicted offender or other person sentenced to the department's custody any
19parole eligibility or evaluation until the person has been confined at least 60 days
20following sentencing.
AB123-ASA1,2,2322
304.071
(2) If a prisoner is not eligible for parole under s. 161.49 (2),
939.50 (3)
23(ab), 939.62 (2m) or 973.032 (5), he or she is not eligible for parole under this section.
AB123-ASA1, s. 6
24Section
6. 939.50 (1) (ab) of the statutes is created to read:
AB123-ASA1,2,2525
939.50
(1) (ab) Class AB felony.
AB123-ASA1,3,32
939.50
(2) A felony is a Class A,
AB, B, C, D or E felony when it is so specified
3in chs. 939 to 951.
AB123-ASA1, s. 8
4Section
8. 939.50 (3) (ab) of the statutes is created to read:
AB123-ASA1,3,75
939.50
(3) (ab) For a Class AB felony, imprisonment for not more than 50 years.
6The defendant shall serve the sentence that the court imposes without the possibility
7of parole.
AB123-ASA1,3,119
948.02
(1) First degree sexual assault. Whoever has sexual contact or sexual
10intercourse with a person who has not attained the age of 13 years is guilty of a Class
11B AB felony.
AB123-ASA1,3,2113
971.11
(1) Whenever the warden or superintendent receives notice of an
14untried criminal case pending in this state against an inmate of a state prison, the
15warden or superintendent shall, at the request of the inmate, send by certified mail
16a written request to the district attorney for prompt disposition of the case. The
17request shall state the sentence then being served, the date of parole eligibility,
if
18applicable, the approximate discharge or conditional release date, and prior decision
19relating to parole. If there has been no preliminary examination on the pending case,
20the request shall state whether the inmate waives such examination, and, if so, shall
21be accompanied by a written waiver signed by the inmate.
AB123-ASA1, s. 11
22Section
11. 971.37 (1) (intro.) of the statutes is amended to read:
AB123-ASA1,3,2523
971.37
(1) (intro.) In this section, "child sexual abuse" means an alleged
24violation of s. 940.225, 948.02
(2) or (3), 948.025, 948.05 or 948.06 if the alleged victim
25is a minor and the person accused of, or charged with, the violation:
AB123-ASA1,4,42
973.09
(1) (c) When a person is convicted of any crime which is punishable by
3life imprisonment
or under s. 939.50 (3) (ab), the court shall not place the person on
4probation.
AB123-ASA1,4,7
6(1) This act first applies to offenses committed on the effective date of this
7subsection.
