AB150-ASA,2243,23
18946.46 Encouraging violation of probation or parole. Whoever
19intentionally aids or encourages a parolee or probationer or any person committed
20to the custody or supervision of the department of corrections
, the department of
21health and social services or a county department under s. 46.215, 46.22 or 46.23 by
22reason of crime or delinquency to abscond or violate a term or condition of parole or
23probation is guilty of a Class A misdemeanor.
AB150-ASA,2244,4
1948.01
(1) "Child" means a person who has not attained the age of 18 years
,
2except that for purposes of prosecuting a person who is alleged to have violated a
3state or federal criminal law, "child" does not include a person who has attained the
4age of 17 years.
AB150-ASA,2244,66
948.01
(1g) "Joint legal custody" has the meaning given in s. 767.001
(1) (1m).
AB150-ASA,2244,118
948.31
(1) (a) 2. The department of health and social services
or the department
9of corrections or any person, county department under s. 46.215, 46.22 or 46.23 or
10licensed child welfare agency, if custody of the child has been transferred under ch.
1148 to that department, person or agency.
AB150-ASA,2244,1813
948.35
(1) (a) Except as provided in pars. (b) to (d) or s. 161.455, any person who
14has attained the age of
18 17 years and who, with the intent that a felony be
15committed and under circumstances that indicate unequivocally that he or she has
16the intent, knowingly solicits, advises, hires, directs or counsels a
child person 17
17years of age or under to commit that felony may be fined or imprisoned or both, not
18to exceed the maximum penalty for the felony.
AB150-ASA,2245,220
948.36
(1) Any person who has attained the age of
18 17 years and who, with
21the intent that a Class A felony be committed and under circumstances that indicate
22unequivocally that he or she has that intent, knowingly solicits, advises, hires,
23directs, counsels, employs, uses or otherwise procures a
child person 17 years of age
24or under to commit that Class A felony may, if the Class A felony is committed by the
1child, be imprisoned for not more than 5 years in excess of the maximum period of
2imprisonment provided by law for that Class A felony.
AB150-ASA,2245,74
948.45
(1) Except as provided in sub. (2), any person
18 17 years of age or older
5who, by any act or omission, knowingly encourages or contributes to the truancy, as
6defined under s. 118.16 (1) (c), of a
child person 17 years of age or under is guilty of
7a Class C misdemeanor.
AB150-ASA,2245,109
948.45
(2) Subsection (1) does not apply to a person who has under his or her
10control a child who has been sanctioned under s.
49.50 (7) (h) 49.26 (1) (h).
AB150-ASA, s. 7242
11Section
7242. 948.60 (title), (2) and (3) of the statutes are amended to read:
AB150-ASA,2245,13
12948.60 (title)
Possession of a dangerous weapon by a child person
13under 18.
AB150-ASA,2245,15
14(2) (a) Any
child person under 18 years of age who possesses or goes armed with
15a dangerous weapon is guilty of a Class A misdemeanor.
AB150-ASA,2245,1816
(b) Except as provided in par. (c), any person who intentionally sells, loans or
17gives a dangerous weapon to a
child person under 18 years of age is guilty of a Class
18E felony.
AB150-ASA,2245,2119
(c) Whoever violates par. (b) is guilty of a Class D felony if the
child person
20under 18 years of age under par. (b) discharges the firearm and the discharge causes
21death to himself, herself or another.
AB150-ASA,2245,2322
(d) A
child person under 17 years of age who has violated this subsection is
23subject to the provisions of ch. 48 unless jurisdiction is waived under s. 48.18
AB150-ASA,2246,6
24(3) (a) This section does not apply to a
child person under 18 years of age who
25possesses or is armed with a dangerous weapon when the dangerous weapon is being
1used in target practice under the supervision of an adult or in a course of instruction
2in the traditional and proper use of the dangerous weapon under the supervision of
3an adult. This section does not apply to an adult who transfers a dangerous weapon
4to a
child person under 18 years of age for use only in target practice under the adult's
5supervision or in a course of instruction in the traditional and proper use of the
6dangerous weapon under the adult's supervision.
AB150-ASA,2246,117
(b) This section does not apply to a
child person under 18 years of age who is
8a member of the armed forces or national guard and who possesses or is armed with
9a dangerous weapon in the line of duty. This section does not apply to an adult who
10is a member of the armed forces or national guard and who transfers a dangerous
11weapon to a
child person under 18 years of age in the line of duty.
AB150-ASA,2246,1612
(c) This section does not apply to a
child person under 18 years of age who
13possesses or is armed with a firearm having a barrel 12 inches in length or longer and
14who is in compliance with ss. 29.226 and 29.227. This section does not apply to an
15adult who transfers a firearm having a barrel 12 inches in length or longer to a
child 16person under 18 years of age who is in compliance with ss. 29.226 and 29.227.
AB150-ASA,2246,1918
948.61
(4) A
child person under 17 years of age who has violated this section
19is subject to the provisions of ch. 48, unless jurisdiction is waived under s. 48.18.
AB150-ASA,2246,2221
949.08
(2) (g) Has been certified to the department under s.
46.255 49.855 (7)
22as being delinquent in child support or maintenance payments.
AB150-ASA,2246,2524
967.02
(2) "Department" means the department of corrections, except as
25provided in
s. ss. 973.135 (1) (a) and 975.001.
AB150-ASA,2247,7
2967.052 Prosecution of certain misdemeanor offenses; restriction on
3penalty. (1) (a) Except as provided in sub. (2), if a prosecutor decides to charge a
4person with a misdemeanor offense that is punishable by imprisonment and s.
5939.615 (1) applies to the offense and to the person to be charged with the offense,
6the complaint shall specify that the penalty for the offense is the fine and any
7penalties, other than imprisonment, authorized by law for the offense.
AB150-ASA,2247,118
(b) If a prosecutor decides to charge a person with a misdemeanor offense that
9is punishable by imprisonment and s. 939.615 (1) does not apply to the person to be
10charged with the offense because he or she has previously been convicted of any state
11or federal crime, the complaint shall include all of the following:
AB150-ASA,2247,1312
1. A statement specifying the penalties, including imprisonment, authorized
13by law for the offense.
AB150-ASA,2247,1514
2. An allegation that s. 939.615 (1) does not apply to the defendant because he
15or she has previously been convicted of a state or federal crime.
AB150-ASA,2247,18
16(2) Notwithstanding s. 939.615 (1), a prosecutor may seek imprisonment
17authorized by law in a case in which s. 939.615 (1) applies to the offense and to the
18person to be charged if the prosecutor does all of the following:
AB150-ASA,2247,2019
(a) Specifies in the complaint the penalties, including imprisonment,
20authorized by law for the offense.
AB150-ASA,2247,2221
(b) Specifies in the complaint his or her reasons for seeking imprisonment in
22the case.
AB150-ASA,2248,4
23(3) If, after filing a complaint under sub. (1) (a), a prosecutor decides to seek
24imprisonment authorized by law for the offense charged, he or she may move to
25dismiss the complaint filed under sub. (1) (a). The court shall grant a motion to
1dismiss under this subsection if jeopardy has not attached in the case. If a motion
2to dismiss under this subsection is granted, the prosecutor may file a new complaint
3under sub. (2). A prosecutor may not seek imprisonment for an offense charged in
4a complaint filed under sub. (1) (a) by amending the complaint.
AB150-ASA,2248,106
967.08
(2) (intro.) The court may permit the following proceedings to be
7conducted under sub. (1)
with the consent of the defendant on the request of either
8party. The
defendant's consent and any request and the opposing party's showing
9of good cause for not conducting the proceeding under sub. (1) may be made by
10telephone.
AB150-ASA,2248,1712
968.03
(4) If a prosecutor filed a complaint that charges a person with violating
13s. 946.41 (1) and the person may not be prosecuted under s. 946.41 (1m), the
14prosecutor shall move the court to dismiss the complaint. The motion shall be in
15writing and shall state the grounds for dismissing the complaint under s. 946.41
16(1m). Upon the filing of a motion under this subsection, the court shall dismiss the
17complaint with prejudice.
AB150-ASA,2249,419
970.01
(1) Any person who is arrested shall be taken within a reasonable time
20before a judge in the county in which the offense was alleged to have been committed.
21The
person may waive physical appearance and request that the initial appearance
22may be conducted on the record by telephone or live audiovisual means under s.
23967.08.
If the initial appearance is conducted by telephone or live audiovisual
24means, the person may waive physical appearance. Waiver of physical appearance
25shall be placed on the record of the initial appearance and does not waive other
1grounds for challenging the court's personal jurisdiction.
If the person does not waive
2physical appearance, conducting the initial appearance by telephone or live
3audiovisual means under s. 967.08 does not waive any grounds that the person has
4for challenging the court's personal jurisdiction.
AB150-ASA,2249,106
970.02
(1) (a) Of the charge against the defendant and shall furnish the
7defendant with a copy of the complaint which
, subject to s. 967.052 (1) and (2), shall
8contain the possible penalties for the offenses set forth
therein in the complaint. In
9the case of a felony, the judge shall also inform the defendant of the penalties for the
10felony with which the defendant is charged.
AB150-ASA,2249,1812
971.23
(10) Payment of photocopy costs in cases involving indigent
13defendants. When the state public defender or a private attorney appointed under
14s. 977.08 requests photocopies of any item that is discoverable under this section, the
15state public defender shall pay any fee charged for the photocopies from the
16appropriation under s. 20.550 (1) (a). If the person providing photocopies under this
17section charges the state public defender a fee for the photocopies, the fee may not
18exceed the actual, necessary and direct cost of photocopying.
AB150-ASA,2249,2120
971.29
(2m) Amendment of a complaint filed under s. 967.052 (1) (a) is subject
21to the restriction provided in s. 967.052 (3).
AB150-ASA,2250,16
1973.013
(3m) If a person who has not attained the age of 16 years is sentenced
2to the Wisconsin state prisons, the department of corrections shall place the person
3at a secured juvenile correctional facility
or a secured child caring institution, unless
4the department of
health and social services, after consultation with the department
5of corrections
, determines that placement in an institution under s. 302.01 is
6appropriate based on the person's prior record of adjustment in a correctional setting,
7if any; the person's present and potential vocational and educational needs, interests
8and abilities; the adequacy and suitability of available facilities; the services and
9procedures available for treatment of the person within the various institutions; the
10protection of the public; and any other considerations promulgated by the
11department of
health and social services corrections by rule. This subsection does
12not preclude the department of corrections from designating an adult correctional
13institution as a reception center for the person and subsequently transferring the
14person to a secured juvenile correctional facility
or a secured child caring institution.
15Section 302.11 and ch. 304 apply to all persons placed in a secured juvenile
16correctional facility
or a secured child caring institution under this subsection.
AB150-ASA,2250,2518
973.032
(2) (a) A court may sentence a person under sub. (1) if the department
19provides a presentence investigation report recommending that the person be
20sentenced to the program. If the department does not make the recommendation,
21a court may order the department to assess and evaluate the person. After that
22assessment and evaluation, the court may sentence the person to the program unless
23the department objects on the ground that
the presumptively appropriate sentence
24under the sentencing guideline matrices is it recommends that the person be placed
25on probation.
AB150-ASA,2251,52
973.045
(2) After the clerk determines the amount due, the clerk of court shall
3collect and transmit the amount to the county treasurer under s. 59.395 (5). The
4county treasurer shall then make payment to the
state treasurer secretary of
5administration under s. 59.20 (5) (b).
AB150-ASA, s. 7255e
6Section 7255e. 973.045 (3) (a) (intro.) of the statutes is amended to read:
AB150-ASA,2251,117
973.045
(3) (a) (intro.) The clerk shall record the crime victim and witness
8surcharge in 2 parts. Part A is the portion that the
state treasurer secretary of
9administration shall credit to the appropriation account under s. 20.455 (5) (g) and
10part B is the portion that the
state treasurer secretary of administration shall credit
11to the appropriation account under s. 20.455 (5) (gc), as follows:
AB150-ASA,2251,1713
973.045
(4) If an inmate in a state prison or a person sentenced to a state prison
14has not paid the crime victim and witness assistance surcharge under this section,
15the department shall assess and collect the amount owed from the inmate's wages
16or other moneys. Any amount collected shall be transmitted to the
state treasurer 17secretary of administration.
AB150-ASA,2251,2219
973.046
(2) After the clerk of court determines the amount due, the clerk shall
20collect and transmit the amount to the county treasurer under s. 59.395 (5). The
21county treasurer shall then make payment to the
state treasurer secretary of
22administration under s. 59.20 (5) (b).
AB150-ASA,2252,3
1973.046
(3) All moneys collected from deoxyribonucleic acid analysis
2surcharges shall be deposited by the
state treasurer
secretary of administration as
3specified in s. 20.455 (2) (Lm) and utilized under s. 165.77.
AB150-ASA,2252,95
973.046
(4) If an inmate in a state prison or a person sentenced to a state prison
6has not paid the deoxyribonucleic acid analysis surcharge under this section, the
7department shall assess and collect the amount owed from the inmate's wages or
8other moneys. Any amount collected shall be transmitted to the
state treasurer 9secretary of administration.
AB150-ASA,2252,1511
973.055
(2) (a) If the assessment is imposed by a court of record, after the court
12determines the amount due, the clerk of the court shall collect and transmit the
13amount to the county treasurer as provided in s. 59.395 (5). The county treasurer
14shall then make payment to the
state treasurer secretary of administration as
15provided in s. 59.20 (5) (b).
AB150-ASA,2252,2117
973.055
(2) (b) If the assessment is imposed by a municipal court, after a
18determination by the court of the amount due, the court shall collect and transmit
19the amount to the treasurer of the county, city, town or village, and that treasurer
20shall make payment to the
state treasurer secretary of administration as provided
21in s. 66.12 (1) (b).
AB150-ASA,2252,2523
973.055
(3) All moneys collected from domestic abuse assessments shall be
24deposited by the
state treasurer secretary of administration in s. 20.435
(7) (1) (hh)
25and utilized in accordance with s. 46.95.
AB150-ASA,2253,52
973.06
(1) (e) Attorney fees payable to the defense attorney by the county or
3the state. If the court determines at the time of sentencing that the defendant's
4financial circumstances are changed, the court may adjust the amount in accordance
5with s. 977.07 (1) (a) and (2)
(a).
AB150-ASA, s. 7257d
6Section 7257d. 973.075 (1) (b) (intro.) of the statutes is amended to read:
AB150-ASA,2253,147
973.075
(1) (b) (intro.) All vehicles, as defined in s. 939.22 (44), which are used
8to transport any property or weapon used or to be used or received in the commission
9of any felony, which are used in the commission of a crime under s. 946.70, which are
10used in the commission of a crime in violation of s. 944.30, 944.31, 944.32, 944.33 or
11944.34, which are used in the commission of a crime relating to a submerged cultural
12resource in violation of s. 44.47 or which are used to cause more than
$1,000 $1,500 13worth of criminal damage to cemetery property in violation of s. 943.01 (2) (d) or
14943.012, but:
AB150-ASA,2253,1816
973.09
(1m) If a person is convicted of a misdemeanor to which s. 939.615 (1)
17applies, the court may place the person on probation under sub. (1) (a) but may not
18require as a condition of probation that the person be confined under sub. (4).
AB150-ASA,2254,1520
973.09
(4) The Except as provided in sub. (1m), the court may also require as
21a condition of probation that the probationer be confined during such period of the
22term of probation as the court prescribes, but not to exceed one year. The court may
23grant the privilege of leaving the county jail, Huber facility or tribal jail during the
24hours or periods of employment or other activity under s. 303.08 (1) (a) to (e) while
25confined under this subsection. The court may specify the necessary and reasonable
1hours or periods during which the probationer may leave the jail, Huber facility or
2tribal jail or the court may delegate that authority to the sheriff. In those counties
3without a Huber facility under s. 303.09 or an agreement under s. 302.445, the
4probationer shall be confined in the county jail. In those counties with a Huber
5facility under s. 303.09, the sheriff shall determine whether confinement under this
6subsection is to be in that facility or in the county jail. The sheriff may transfer
7persons confined under this subsection between a Huber facility and the county jail.
8In those counties with an agreement under s. 302.445, the sheriff shall determine
9whether confinement under this subsection is to be in the tribal jail or the county jail,
10unless otherwise provided under the agreement. In those counties, the sheriff may
11transfer persons confined under this subsection between a tribal jail and a county
12jail, unless otherwise provided under the agreement. While subject to this
13subsection, the probationer is subject to s. 303.08 (1), (3) to (6), (8) to (12) and (14),
14all the rules of the county jail, Huber facility or tribal jail and the discipline of the
15sheriff.
AB150-ASA,2254,18
17973.135 (title)
Courts to report convictions to the state superintendent
18department of public instruction education.
AB150-ASA, s. 7259
19Section
7259. 973.135 (1) (a) of the statutes is renumbered 973.135 (1) (am).
