Amendment ASA-AB150

AB150-ASA,2232,16 895.437 (1) (c) "Lodging establishment" has the meaning given in s. 101.22 106.04 (1m) (n).

AB150-ASA, s. 7223 Section 7223. 895.65 (1) (c) of the statutes is amended to read:

AB150-ASA,2232,25 895.65 (1) (c) "Governmental unit" means any association, authority, board, commission, department, independent agency, institution, office, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature, the office of the governor and the courts. "Governmental unit" does not mean the University of Wisconsin Hospitals and Clinics Authority or any political subdivision of the state or body within one or more political subdivisions which is created by law or by action of one or more political subdivisions.

AB150-ASA, s. 7225 Section 7225. 905.15 (1) of the statutes is amended to read:

AB150-ASA,2233,9 905.15 (1) An employe of the department of health and social services, the department of industry, labor and human relations or a county department under s. 46.215, 46.22 or 46.23 or a member of a governing body of a federally recognized American Indian tribe who is authorized by federal law to have access to or awareness of the federal tax return information of another in the performance of duties under s. 49.19 or 49.45 or 7 USC 2011 to 2049 may claim privilege to refuse to disclose the information and the source or method by which he or she received or otherwise became aware of the information.

AB150-ASA, s. 7225m Section 7225m. 939.615 of the statutes is created to read:

AB150-ASA,2233,16 939.615 Restriction on penalty for certain first offenders charged with misdemeanors. (1) Regardless of whether a misdemeanor authorizes a penalty of imprisonment, the penalty for a misdemeanor is the fine and any penalties, other than imprisonment, authorized by law for that misdemeanor if, at the time of the alleged violation, the defendant had not previously been convicted of any state or federal crime.

AB150-ASA,2233,17 (2) Subsection (1) does not apply to any of the following:

AB150-ASA,2233,18 (a) Any misdemeanor violation under ch. 940, 941 or 948.

AB150-ASA,2233,20 (b) Any misdemeanor that requires the imposition of a minimum sentence of imprisonment.

AB150-ASA,2233,21 (c) Any misdemeanor for which the only penalty is a sentence of imprisonment.

AB150-ASA,2233,22 (d) Any case in which the prosecutor elects to proceed under s. 967.052 (2).

AB150-ASA, s. 7227 Section 7227. 940.207 (title) of the statutes is amended to read:

AB150-ASA,2233,25 940.207 (title) Battery or threat to department of development or department of industry, labor and human relations employe.

AB150-ASA, s. 7228 Section 7228. 940.207 (2) (intro.) of the statutes is amended to read:

AB150-ASA,2234,5 940.207 (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:

AB150-ASA, s. 7229 Section 7229. 940.207 (2) (a) of the statutes is amended to read:

AB150-ASA,2234,9 940.207 (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.

AB150-ASA, s. 7229g Section 7229g. 943.01 (2) (d) of the statutes is amended to read:

AB150-ASA,2234,14 943.01 (2) (d) If the total property damaged in violation of sub. (1) is reduced in value by more than $1,000 $1,500. For the purposes of this paragraph, property is reduced in value by the amount which it would cost either to repair or replace it, whichever is less.

AB150-ASA, s. 7229h Section 7229h. 943.20 (3) (a) of the statutes is amended to read:

AB150-ASA,2234,17 943.20 (3) (a) If the value of the property does not exceed $1,000 $1,500, is guilty of a Class A misdemeanor.

AB150-ASA, s. 7229i Section 7229i. 943.20 (3) (b) of the statutes is amended to read:

AB150-ASA,2234,20 943.20 (3) (b) If the value of the property exceeds $1,000 $1,500 but not $2,500, is guilty of a Class E felony.

AB150-ASA, s. 7229j Section 7229j. 943.21 (3) (a) of the statutes is amended to read:

AB150-ASA,2234,23 943.21 (3) (a) Is guilty of a Class A misdemeanor when the value of any beverage, food, lodging, accommodation or other service is $1,000 $1,500 or less.

AB150-ASA, s. 7229k Section 7229k. 943.21 (3) (b) of the statutes is amended to read:

AB150-ASA,2235,2 943.21 (3) (b) Is guilty of a Class E felony when the value of any beverage, food, lodging, accommodation or other service exceeds $1,000 $1,500.

AB150-ASA, s. 7229m Section 7229m. 943.24 (1) of the statutes is amended to read:

AB150-ASA,2235,6 943.24 (1) Whoever issues any check or other order for the payment of not more than $1,000 $1,500 which, at the time of issuance, he or she intends shall not be paid is guilty of a Class A misdemeanor.

AB150-ASA, s. 7229n Section 7229n. 943.24 (2) of the statutes is amended to read:

AB150-ASA,2235,12 943.24 (2) Whoever issues any single check or other order for the payment of more than $1,000 $1,500 or whoever within a 15-day period issues more than one check or other order amounting in the aggregate to more than $1,000 $1,500 which, at the time of issuance, the person intends shall not be paid is guilty of a Class E felony.

AB150-ASA, s. 7229p Section 7229p. 943.26 (2) of the statutes is amended to read:

AB150-ASA,2235,15 943.26 (2) If the security is impaired by more than $1,000 $1,500, the mortgagor or vendee is guilty of a Class E felony.

AB150-ASA, s. 7229q Section 7229q. 943.34 (1) (a) of the statutes is amended to read:

AB150-ASA,2235,18 943.34 (1) (a) A Class A misdemeanor, if the value of the property does not exceed $1,000 $1,500.

AB150-ASA, s. 7229r Section 7229r. 943.34 (1) (b) of the statutes is amended to read:

AB150-ASA,2235,21 943.34 (1) (b) A Class E felony, if the value of the property exceeds $1,000 $1,500 but not more than $2,500.

AB150-ASA, s. 7229rc Section 7229rc. 943.38 (1) (a) of the statutes is renumbered 943.38 (1m) and amended to read:

AB150-ASA,2236,7 943.38 (1m) A Whoever with intent to defraud falsely makes or alters a writing or object whereby legal rights or obligations are created, terminated or transferred, or any writing commonly relied upon in business or commercial transactions as evidence of debt or property rights; or, so that the writing or object purports to have been made by another, at another time, with different provisions or by authority of one who did not give that authority, is guilty of a Class C felony if the value or purported value, whichever is greater, of the writing or object is $1,500 or more and a Class A misdemeanor if the value or purported value of the writing or object is less than $1,500.

AB150-ASA, s. 7229rd Section 7229rd. 943.38 (2) of the statutes is amended to read:

AB150-ASA,2236,16 943.38 (2) Whoever utters as genuine or possesses with intent to utter as false or as genuine any forged writing or object mentioned in sub. (1), knowing it to have been thus falsely made or altered, is guilty of a Class C felony. Whoever utters as genuine or possesses with intent to utter as false or as genuine any forged writing or object mentioned in sub. (1m), knowing it to have been thus falsely made or altered, is guilty of a Class C felony if the value or purported value, whichever is greater, of the writing or object is $1,500 or more and a Class A misdemeanor if the value or purported value of the writing or object is less than $1,500.

AB150-ASA, s. 7229re Section 7229re. 943.39 (2) of the statutes is amended to read:

AB150-ASA,2236,19 943.39 (2) By means of deceit obtains a signature to a writing which is the subject of forgery under s. 943.38 (1) or (1m); or

AB150-ASA, s. 7229s Section 7229s. 943.395 (2) (a) of the statutes is amended to read:

AB150-ASA,2236,22 943.395 (2) (a) Is guilty of a Class A misdemeanor if the value of the claim or benefit does not exceed $1,000 $1,500.

AB150-ASA, s. 7229t Section 7229t. 943.395 (2) (b) of the statutes is amended to read:

AB150-ASA,2236,25 943.395 (2) (b) Is guilty of a Class E felony if the value of the claim or benefit exceeds $1,000 $1,500.

AB150-ASA, s. 7229tm Section 7229tm. 943.40 (2) of the statutes is amended to read:

AB150-ASA,2237,3 943.40 (2) Completely erases, obliterates or destroys any writing which is the subject of forgery under s. 943.38 (1) (a) (1m).

AB150-ASA, s. 7229u Section 7229u. 943.41 (8) (c) of the statutes is amended to read:

AB150-ASA,2237,11 943.41 (8) (c) Any person violating any provision of sub. (5) or (6) (a), (b) or (d), if the value of the money, goods, services or property illegally obtained does not exceed $1,000 $1,500 is guilty of a Class A misdemeanor; if the value of the money, goods, services or property exceeds $1,000 $1,500 but does not exceed $2,500, in a single transaction or in separate transactions within a period not exceeding 6 months, the person is guilty of a Class E felony; or if the value of the money, goods, services or property exceeds $2,500, the person is guilty of a Class C felony.

AB150-ASA, s. 7229v Section 7229v. 943.50 (4) (a) of the statutes is amended to read:

AB150-ASA,2237,14 943.50 (4) (a) A Class A misdemeanor, if the value of the merchandise does not exceed $1,000 $1,500.

AB150-ASA, s. 7229w Section 7229w. 943.50 (4) (b) of the statutes is amended to read:

AB150-ASA,2237,17 943.50 (4) (b) A Class E felony, if the value of the merchandise exceeds $1,000 $1,500 but not $2,500.

AB150-ASA, s. 7229x Section 7229x. 943.61 (5) (a) of the statutes is amended to read:

AB150-ASA,2237,20 943.61 (5) (a) A Class A misdemeanor, if the value of the library materials does not exceed $1,000 $1,500.

AB150-ASA, s. 7229y Section 7229y. 943.61 (5) (b) of the statutes is amended to read:

AB150-ASA,2237,23 943.61 (5) (b) A Class E felony, if the value of the library materials exceeds $1,000 $1,500 but not $2,500.

AB150-ASA, s. 7230 Section 7230. 943.62 (2m) of the statutes is amended to read:

AB150-ASA,2238,3 943.62 (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.

AB150-ASA, s. 7231m Section 7231m. 945.095 (1) (d), (f), (g) and (h) of the statutes, as created by 1995 Wisconsin Act 11, is amended to read:

AB150-ASA,2238,10 945.095 (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.

AB150-ASA,2238,14 (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.

AB150-ASA,2238,18 (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.

AB150-ASA,2238,24 (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.

AB150-ASA, s. 7232 Section 7232. 946.13 (10) of the statutes is amended to read:

AB150-ASA,2239,4 946.13 (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).

AB150-ASA, s. 7232g Section 7232g. 946.41 (1) of the statutes is amended to read:

AB150-ASA,2239,8 946.41 (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.

AB150-ASA, s. 7232r Section 7232r. 946.41 (1m) of the statutes is created to read:

AB150-ASA,2239,11 946.41 (1m) (a) A person may not be prosecuted under sub. (1) if all of the following apply:

AB150-ASA,2239,13 1. The person violates sub. (1) solely by knowingly giving false information to an officer.

AB150-ASA,2239,16 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.

AB150-ASA,2239,18 (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).

AB150-ASA, s. 7233m Section 7233m. 946.42 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385, is amended to read:

AB150-ASA,2240,11 946.42 (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.

AB150-ASA, s. 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:

AB150-ASA,2241,5 946.42 (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.

AB150-ASA, s. 7234m Section 7234m. 946.44 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377 and 486, is amended to read:

AB150-ASA,2241,11 946.44 (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

AB150-ASA, s. 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:

AB150-ASA,2241,18 946.44 (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

AB150-ASA, s. 7234r Section 7234r. 946.44 (2) (c) of the statutes is amended to read:

AB150-ASA,2241,21 946.44 (2) (c) "Institution" includes a secured juvenile correctional facility and a secured child caring institution.

AB150-ASA, s. 7234t Section 7234t. 946.44 (2) (d) of the statutes, as affected by 1993 Wisconsin Acts 377 and 491, is amended to read:

AB150-ASA,2242,2 946.44 (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.

AB150-ASA, s. 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: