Amendment SSA1-AB351

AB351-SSA1,103,25 942.06 (2q) (a) (intro.) An employe or agent of the department of corrections who discloses, to any of the following, the fact that a probationer or, parolee or person on extended supervision has had a lie detector test under the rules promulgated under s. 301.132 or the results of such a lie detector test:

AB351-SSA1, s. 333 Section 333. 946.42 (1) (a) of the statutes is amended to read:

AB351-SSA1,104,17 946.42 (1) (a) "Custody" includes without limitation actual custody of an institution, including a secured correctional facility, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), a secure detention facility, as defined in s. 938.02 (16), a Type 2 child caring institution, as defined in s. 938.02 (19r), 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. 48.366, 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. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the county to which the prisoner was transferred after conviction. It does not include the custody of a probationer or, parolee or person on extended supervision by the department of corrections or a probation, extended supervision or parole officer or the custody of a person who has been released to aftercare supervision under ch. 938 unless the person is in actual custody or is subject to a confinement order under s. 973.09 (4).

AB351-SSA1, s. 334 Section 334. 946.46 of the statutes is amended to read:

AB351-SSA1,104,25 946.46 (title) Encouraging violation of probation, extended supervision or parole. Whoever intentionally aids or encourages a parolee or, probationer or person on extended supervision or any person committed to the custody or supervision of the department of corrections 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, extended supervision or probation is guilty of a Class A misdemeanor.

AB351-SSA1, s. 335 Section 335. 946.85 (1) of the statutes is amended to read:

AB351-SSA1,105,6 946.85 (1) Any person who engages in a continuing criminal enterprise shall be imprisoned for not less than 10 years nor more than 20 30 years, and fined not more than $10,000 or as provided in s. 946.84 (2). If the court imposes a sentence less than the presumptive minimum sentence, it shall place its reasons for doing so on the record.

AB351-SSA1, s. 336 Section 336. 950.04 (1v) (v) of the statutes, as created by 1997 Wisconsin Act .... (Assembly Bill 342), is amended to read:

AB351-SSA1,105,16 950.04 (1v) (v) To have the department of corrections make a reasonable attempt to notify the victim under s. 301.046 (4) regarding community residential confinements, under s. 301.048 (4m) regarding participation in the intensive sanctions program, under s. 301.38 regarding escapes from a Type 1 prison, under s. 301.46 (3) regarding persons registered under s. 301.45, under s. 302.115 regarding release upon expiration of certain sentences, under s. 304.063 regarding extended supervision and parole releases, and under s. 938.51 regarding release or escape of a juvenile from correctional custody.

AB351-SSA1, s. 337 Section 337. 950.04 (1v) (vm) of the statutes is created to read:

AB351-SSA1,105,20 950.04 (1v) (vm) To have the appropriate clerk of court send the victim a copy of an inmate's petition for extended supervision and notification of the hearing on that petition under s. 302.114 (6).

AB351-SSA1, s. 338 Section 338. 961.41 (1) (a) of the statutes is amended to read:

AB351-SSA1,106,2 961.41 (1) (a) Except as provided in par. (d), a controlled substance included in schedule I or II which is a narcotic drug, or a controlled substance analog of a controlled substance included in schedule I or II which is a narcotic drug, may be fined not more than $25,000 or imprisoned for not more than 15 22 years and 6 months or both.

AB351-SSA1, s. 339 Section 339. 961.41 (1) (b) of the statutes is amended to read:

AB351-SSA1,106,7 961.41 (1) (b) Except as provided in pars. (cm) and (e) to (h), any other controlled substance included in schedule I, II or III, or a controlled substance analog of any other controlled substance included in schedule I or II, may be fined not more than $15,000 or imprisoned for not more than 5 7 years and 6 months or both.

AB351-SSA1, s. 340 Section 340. 961.41 (1) (cm) 1. of the statutes is amended to read:

AB351-SSA1,106,10 961.41 (1) (cm) 1. Five grams or less, the person shall be fined not more than $500,000 and may be imprisoned for not more than 10 15 years.

AB351-SSA1, s. 341 Section 341. 961.41 (1) (cm) 2. of the statutes is amended to read:

AB351-SSA1,106,14 961.41 (1) (cm) 2. More than 5 grams but not more than 15 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than one year nor more than 15 22 years and 6 months.

AB351-SSA1, s. 342 Section 342. 961.41 (1) (cm) 3. of the statutes is amended to read:

AB351-SSA1,106,18 961.41 (1) (cm) 3. More than 15 grams but not more than 40 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 3 years nor more than 20 30 years.

AB351-SSA1, s. 343 Section 343. 961.41 (1) (cm) 4. of the statutes is amended to read:

AB351-SSA1,106,22 961.41 (1) (cm) 4. More than 40 grams but not more than 100 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 5 years nor more than 30 45 years.

AB351-SSA1, s. 344 Section 344. 961.41 (1) (cm) 5. of the statutes is amended to read:

AB351-SSA1,107,3 961.41 (1) (cm) 5. More than 100 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 10 years nor more than 30 45 years.

AB351-SSA1, s. 345 Section 345. 961.41 (1) (d) 1. of the statutes is amended to read:

AB351-SSA1,107,7 961.41 (1) (d) 1. Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 15 22 years and 6 months.

AB351-SSA1, s. 346 Section 346. 961.41 (1) (d) 2. of the statutes is amended to read:

AB351-SSA1,107,11 961.41 (1) (d) 2. More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 15 22 years and 6 months.

AB351-SSA1, s. 347 Section 347. 961.41 (1) (d) 3. of the statutes is amended to read:

AB351-SSA1,107,15 961.41 (1) (d) 3. More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 22 years and 6 months.

AB351-SSA1, s. 348 Section 348. 961.41 (1) (d) 4. of the statutes is amended to read:

AB351-SSA1,107,19 961.41 (1) (d) 4. More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 15 22 years and 6 months.

AB351-SSA1, s. 349 Section 349. 961.41 (1) (d) 5. of the statutes is amended to read:

AB351-SSA1,107,23 961.41 (1) (d) 5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 15 22 years and 6 months.

AB351-SSA1, s. 350 Section 350. 961.41 (1) (d) 6. of the statutes is amended to read:

AB351-SSA1,108,3 961.41 (1) (d) 6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years nor more than 30 45 years.

AB351-SSA1, s. 351 Section 351. 961.41 (1) (e) 1. of the statutes is amended to read:

AB351-SSA1,108,7 961.41 (1) (e) 1. Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 5 7 years and 6 months.

AB351-SSA1, s. 352 Section 352. 961.41 (1) (e) 2. of the statutes is amended to read:

AB351-SSA1,108,11 961.41 (1) (e) 2. More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 5 7 years and 6 months.

AB351-SSA1, s. 353 Section 353. 961.41 (1) (e) 3. of the statutes is amended to read:

AB351-SSA1,108,15 961.41 (1) (e) 3. More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 22 years and 6 months.

AB351-SSA1, s. 354 Section 354. 961.41 (1) (e) 4. of the statutes is amended to read:

AB351-SSA1,108,19 961.41 (1) (e) 4. More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 15 22 years and 6 months.

AB351-SSA1, s. 355 Section 355. 961.41 (1) (e) 5. of the statutes is amended to read:

AB351-SSA1,108,23 961.41 (1) (e) 5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 15 22 years and 6 months.

AB351-SSA1, s. 356 Section 356. 961.41 (1) (e) 6. of the statutes is amended to read:

AB351-SSA1,109,3 961.41 (1) (e) 6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years nor more than 30 45 years.

AB351-SSA1, s. 357 Section 357. 961.41 (1) (f) 1. of the statutes is amended to read:

AB351-SSA1,109,7 961.41 (1) (f) 1. One gram or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 5 7 years and 6 months.

AB351-SSA1, s. 358 Section 358. 961.41 (1) (f) 2. of the statutes is amended to read:

AB351-SSA1,109,11 961.41 (1) (f) 2. More than one gram but not more than 5 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 5 7 years and 6 months.

AB351-SSA1, s. 359 Section 359. 961.41 (1) (f) 3. of the statutes is amended to read:

AB351-SSA1,109,15 961.41 (1) (f) 3. More than 5 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 22 years and 6 months.

AB351-SSA1, s. 360 Section 360. 961.41 (1) (g) 1. of the statutes is amended to read:

AB351-SSA1,109,19 961.41 (1) (g) 1. One hundred grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 5 7 years and 6 months.

AB351-SSA1, s. 361 Section 361. 961.41 (1) (g) 2. of the statutes is amended to read:

AB351-SSA1,109,23 961.41 (1) (g) 2. More than 100 grams but not more than 500 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 5 7 years and 6 months.

AB351-SSA1, s. 362 Section 362. 961.41 (1) (g) 3. of the statutes is amended to read:

AB351-SSA1,110,3 961.41 (1) (g) 3. More than 500 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 22 years and 6 months.

AB351-SSA1, s. 363 Section 363. 961.41 (1) (h) 1. of the statutes is amended to read:

AB351-SSA1,110,7 961.41 (1) (h) 1. Five hundred grams or less, or 10 or fewer plants containing tetrahydrocannabinols, the person shall be fined not less than $500 nor more than $25,000 and may be imprisoned for not more than 3 4 years and 6 months.

AB351-SSA1, s. 364 Section 364. 961.41 (1) (h) 2. of the statutes is amended to read:

AB351-SSA1,110,13 961.41 (1) (h) 2. More than 500 grams but not more than 2,500 grams, or more than 10 plants containing tetrahydrocannabinols but not more than 50 plants containing tetrahydrocannabinols, the person shall be fined not less than $1,000 nor more than $50,000 and shall be imprisoned for not less than 3 months nor more than 5 7 years and 6 months.

AB351-SSA1, s. 365 Section 365. 961.41 (1) (h) 3. of the statutes is amended to read:

AB351-SSA1,110,18 961.41 (1) (h) 3. More than 2,500 grams, or more than 50 plants containing tetrahydrocannabinols, the person shall be fined not less than $1,000 nor more than $100,000 and shall be imprisoned for not less than one year nor more than 10 15 years.

AB351-SSA1, s. 366 Section 366. 961.41 (1) (i) of the statutes is amended to read:

AB351-SSA1,110,21 961.41 (1) (i) A substance included in schedule IV, may be fined not more than $10,000 or imprisoned for not more than 3 4 years and 6 months or both.

AB351-SSA1, s. 367 Section 367. 961.41 (1) (j) of the statutes is amended to read:

AB351-SSA1,110,24 961.41 (1) (j) A substance included in schedule V, may be fined not more than $5,000 or imprisoned for not more than one year 2 years or both.

AB351-SSA1, s. 368 Section 368. 961.41 (1m) (a) of the statutes is amended to read:

AB351-SSA1,111,5 961.41 (1m) (a) Except as provided in par. (d), a controlled substance included in schedule I or II which is a narcotic drug or a controlled substance analog of a controlled substance included in schedule I or II which is a narcotic drug, may be fined not more than $25,000 or imprisoned for not more than 15 22 years and 6 months or both.

AB351-SSA1, s. 369 Section 369. 961.41 (1m) (b) of the statutes is amended to read:

AB351-SSA1,111,10 961.41 (1m) (b) Except as provided in pars. (cm) and (e) to (h), any other controlled substance included in schedule I, II or III, or a controlled substance analog of any other controlled substance included in schedule I or II, may be fined not more than $15,000 or imprisoned for not more than 5 7 years and 6 months or both.

AB351-SSA1, s. 370 Section 370. 961.41 (1m) (cm) 1. of the statutes is amended to read:

AB351-SSA1,111,13 961.41 (1m) (cm) 1. Five grams or less, the person shall be fined not more than $500,000 and may be imprisoned for not more than 10 15 years.

AB351-SSA1, s. 371 Section 371. 961.41 (1m) (cm) 2. of the statutes is amended to read:

AB351-SSA1,111,17 961.41 (1m) (cm) 2. More than 5 grams but not more than 15 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than one year nor more than 15 22 years and 6 months.

AB351-SSA1, s. 372 Section 372. 961.41 (1m) (cm) 3. of the statutes is amended to read:

AB351-SSA1,111,21 961.41 (1m) (cm) 3. More than 15 grams but not more than 40 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 3 years nor more than 20 30 years.

AB351-SSA1, s. 373 Section 373. 961.41 (1m) (cm) 4. of the statutes is amended to read:

AB351-SSA1,111,25 961.41 (1m) (cm) 4. More than 40 grams but not more than 100 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 5 years nor more than 30 45 years.

AB351-SSA1, s. 374 Section 374. 961.41 (1m) (cm) 5. of the statutes is amended to read:

AB351-SSA1,112,4 961.41 (1m) (cm) 5. More than 100 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 10 years nor more than 30 45 years.

AB351-SSA1, s. 375 Section 375. 961.41 (1m) (d) 1. of the statutes is amended to read:

AB351-SSA1,112,8 961.41 (1m) (d) 1. Three grams or less, the person shall be fined not less than $1,000 nor more than $100,000 and may be imprisoned for not more than 15 22 years and 6 months.

AB351-SSA1, s. 376 Section 376. 961.41 (1m) (d) 2. of the statutes is amended to read:

AB351-SSA1,112,12 961.41 (1m) (d) 2. More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $200,000 and shall be imprisoned for not less than 6 months nor more than 15 22 years and 6 months.