Amendment AA2-ASA1-AB133

AB133-ASA1-AA2,538,6 " Section 3183d. 938.57 (1) (c) of the statutes is amended to read:

AB133-ASA1-AA2,538,19 938.57 (1) (c) Provide appropriate protection and services for juveniles in its care, including providing services for juveniles and their families in their own homes, placing the juveniles in licensed foster homes, licensed treatment foster homes or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody or contracting for services for them by licensed child welfare agencies or replacing them in juvenile secured correctional institutions or facilities, secured child caring institutions or secured group homes in accordance with rules promulgated under ch. 227, except that the county department may not purchase the educational component of private day treatment programs unless the county department, the school board as defined in s. 115.001 (7) and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the state superintendent of public instruction.

AB133-ASA1-AA2, s. 3184d Section 3184d. 938.57 (4) of the statutes is amended to read:

AB133-ASA1-AA2,539,8 938.57 (4) A county department may provide aftercare supervision under s. 938.34 (4n) for juveniles who are released from secured correctional facilities or, secured child caring institutions operated by the department or secured group homes. If a county department intends to change its policy regarding whether the county department or the department shall provide aftercare supervision for juveniles released from secured correctional facilities or , secured child caring institutions operated by the department or secured group homes, the county executive or county administrator, or, if the county has no county executive or county administrator, the chairperson of the county board of supervisors, or, for multicounty departments, the chairpersons of the county boards of supervisors jointly, shall submit a letter to the department stating that intent before July 1 of the year preceding the year in which the policy change will take effect.

AB133-ASA1-AA2, s. 3186d Section 3186d. 938.78 (3) of the statutes is amended to read:

AB133-ASA1-AA2,540,4 938.78 (3) If a juvenile adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need of protection or services under s. 48.13 (12), 1993 stats., or s. 48.13 (14), 1993 stats., or s. 938.13 (12) or (14) on the basis of a violation of s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60, 948.605 or 948.61 or any crime specified in ch. 940 has escaped from a secured correctional facility, child caring institution, secured group home, inpatient facility, as defined in s. 51.01 (10), secure detention facility or juvenile portion of a county jail, or from the custody of a peace officer or a guard of such a facility, institution or jail, or has been allowed to leave a secured correctional facility, child caring institution, secured group home, inpatient facility, secure detention facility or juvenile portion of a county jail for a specified time period and is absent from the facility, institution, home or jail for more than 12 hours after the expiration of the specified period, the department or county department having supervision over the juvenile may release the juvenile's name and any information about the juvenile that is necessary for the protection of the public or to secure the juvenile's return to the facility, institution, home or jail. The department of corrections shall promulgate rules establishing guidelines for the release of the juvenile's name or information about the juvenile to the public.

AB133-ASA1-AA2, s. 3188d Section 3188d. 939.635 (1) of the statutes is amended to read:

AB133-ASA1-AA2,540,16 939.635 (1) Except as provided in sub. (2), if a person who has been adjudicated delinquent is convicted of violating s. 940.20 (1) while placed in a secured correctional facility, as defined in s. 938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), or is convicted of violating s. 940.20 (2m), the court shall sentence the person to not less than 3 years of imprisonment. Except as provided in sub. (2), if a person is convicted of violating s. 946.43 while placed in a secured correctional facility, as defined in s. 938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), the court shall sentence the person to not less than 5 years of imprisonment.

AB133-ASA1-AA2, s. 3189d Section 3189d. 939.635 (2) (b) of the statutes is amended to read:

AB133-ASA1-AA2,540,24 939.635 (2) (b) That imposing the applicable presumptive minimum sentence specified in sub. (1) is not necessary to deter the person or other persons from committing violations of s. 940.20 (1) or 946.43 or other similar offenses while placed in a secured correctional facility, as defined in s. 938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), or from committing violations of s. 940.20 (2m).".

AB133-ASA1-AA2,541,1 1018. Page 1436, line 16: after that line insert:

AB133-ASA1-AA2,541,2 " Section 3176m. 940.295 (1) (q) of the statutes is repealed.

AB133-ASA1-AA2, s. 3176n Section 3176n. 940.295 (2) (j) of the statutes is repealed and recreated to read:

AB133-ASA1-AA2,541,5 940.295 (2) (j) The Wisconsin School for the Deaf under s. 115.52 and the Wisconsin Center for the Blind and Visually Impaired under s. 115.525.".

AB133-ASA1-AA2,541,6 1019. Page 1436, line 23: after that line insert:

AB133-ASA1-AA2,541,8 " Section 3191bd. 945.03 of the statutes is renumbered 945.03 (1m), and 945.03 (1m) (intro.), as renumbered, is amended to read:

AB133-ASA1-AA2,541,11 945.03 (1m) (intro.) Whoever intentionally does any of the following is engaged in commercial gambling and, except as provided in sub. (2m), is guilty of a Class E felony:

AB133-ASA1-AA2, s. 3191bf Section 3191bf. 945.03 (2m) of the statutes is created to read:

AB133-ASA1-AA2,541,19 945.03 (2m) If the violation of sub. (1m) involves the possession, operation, set up, collection of proceeds, participation in earnings or maintenance of, or involves acting as the custodian of anything of value bet or offered to be bet on, not more than 5 video gambling machines on premises for which a Class "B" or "Class B" license or permit has been issued under ch. 125, and the person has been penalized under this subsection on 4 or fewer previous separate occasions, the person may be penalized as follows:

AB133-ASA1-AA2,541,21 (a) If the violation involves one video gambling machine, the person may be required to forfeit not more than $500.

AB133-ASA1-AA2,541,23 (b) If the violation involves 2 video gambling machines, the person may be required to forfeit not more than $1,000.

AB133-ASA1-AA2,542,2 (c) If the violation involves 3 video gambling machines, the person may be required to forfeit not more than $1,500.

AB133-ASA1-AA2,542,4 (d) If the violation involves 4 video gambling machines, the person may be required to forfeit not more than $2,000.

AB133-ASA1-AA2,542,6 (e) If the violation involves 5 video gambling machines, the person may be required to forfeit not more than $2,500.

AB133-ASA1-AA2, s. 3191bh Section 3191bh. 945.04 of the statutes is renumbered 945.04 (1m), and 945.04 (1m) (intro.), as renumbered, is amended to read:

AB133-ASA1-AA2,542,10 945.04 (1m) (intro.) Whoever Except as provided in sub. (2m), whoever intentionally does any of the following is guilty of a Class A misdemeanor:

AB133-ASA1-AA2, s. 3191bj Section 3191bj. 945.04 (2m) of the statutes is created to read:

AB133-ASA1-AA2,542,16 945.04 (2m) If the violation of sub. (1m) involves the set up or use of not more than 5 video gambling machines on premises for which a Class "B" or "Class B" license or permit has been issued under ch. 125, and the person has been penalized under this subsection on 4 or fewer previous separate occasions, the person may be penalized as follows:

AB133-ASA1-AA2,542,18 (a) If the violation involves one video gambling machine, the person may be required to forfeit not more than $500.

AB133-ASA1-AA2,542,20 (b) If the violation involves 2 video gambling machines, the person may be required to forfeit not more than $1,000

AB133-ASA1-AA2,542,22 (c) If the violation involves 3 video gambling machines, the person may be required to forfeit not more than $1,500.

AB133-ASA1-AA2,542,24 (d) If the violation involves 4 video gambling machines, the person may be required to forfeit not more than $2,000

AB133-ASA1-AA2,543,2 (e) If the violation involves 5 video gambling machines, the person may be required to forfeit not more than $2,500.

AB133-ASA1-AA2, s. 3191bm Section 3191bm. 945.041 (11) of the statutes is created to read:

AB133-ASA1-AA2,543,7 945.041 (11) No proceeding under this section may be commenced to revoke a Class "B" or "Class B" license or permit issued under ch. 125 to a person solely because the person knowingly permits 5 or fewer video gambling machines to be set up, kept, managed, used or conducted upon the licensed premises.

AB133-ASA1-AA2, s. 3191bn Section 3191bn. 945.05 (1) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,543,11 945.05 (1) (intro.) Whoever Except as provided in sub. (1m), whoever manufactures, transfers commercially or possesses with intent to transfer commercially either of the following is guilty of a Class E felony:

AB133-ASA1-AA2, s. 3191bp Section 3191bp. 945.05 (1m) of the statutes is created to read:

AB133-ASA1-AA2,543,16 945.05 (1m) If a violation of sub. (1) involves the commercial transfer of a video gambling machine or possession of a video gambling machine with the intent to transfer commercially, and the person has been penalized under this subsection on 4 or fewer previous separate occasions, the person is subject to a Class C forfeiture.".

AB133-ASA1-AA2,543,17 1020. Page 1439, line 7: after that line insert:

AB133-ASA1-AA2,543,18 " Section 3196m. 946.82 (4) of the statutes is amended to read:

AB133-ASA1-AA2,544,8 946.82 (4) "Racketeering activity" means any activity specified in 18 USC 1961 (1) in effect as of April 27, 1982, or the attempt, conspiracy to commit, or commission of any of the felonies specified in: chs. 945 and 961 and ss. 49.49, 134.05, 139.44 (1), 180.0129, 181.0129, 185.825, 200.09 (2), 215.12, 221.0625, 221.0636, 221.0637, 221.1004, 551.41, 551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (3) to (6), 940.20, 940.201, 940.203, 940.21, 940.30, 940.305, 940.31, 941.20 (2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 943.01 (2) or (2g), 943.011, 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (b) to (d), 943.201, 943.23 (1g), (1m), (1r), (2) and (3), 943.24 (2), 943.25, 943.27, 943.28, 943.30, 943.32, 943.34 (1) (b) and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (b) and (c), 943.60, 943.70, 944.205, 944.21 (5) (c) and (e), 944.32, 944.33 (2), 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11, 946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76, 947.015, 948.05, 948.08, 948.12 and 948.30.".

AB133-ASA1-AA2,544,9 1021. Page 1439, line 7: after that line insert:

AB133-ASA1-AA2,544,10 " Section 3192d. 946.42 (1) (a) of the statutes is amended to read:

AB133-ASA1-AA2,545,2 946.42 (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 secured group home, as defined in s. 938.02 (15p), 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, 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).

AB133-ASA1-AA2, s. 3193d Section 3193d. 946.44 (2) (c) of the statutes is amended to read:

AB133-ASA1-AA2,545,7 946.44 (2) (c) "Institution" includes a secured correctional facility, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), a secured group home, as defined in s. 938.02 (15p), and a Type 2 child caring institution, as defined in s. 938.02 (19r).

AB133-ASA1-AA2, s. 3194d Section 3194d. 946.44 (2) (d) of the statutes is amended to read:

AB133-ASA1-AA2,545,14 946.44 (2) (d) "Prisoner" includes a person who is under the supervision of the department of corrections under s. 938.34 (4h) or, who is placed in a secured correctional facility or, a secured child caring institution or a secured group home under s. 938.183, 938.34 (4m) or 938.357 (4) or (5) (e) or, who is placed in a Type 2 child caring institution under s. 938.34 (4d) or who is subject to an order under s. 48.366.

AB133-ASA1-AA2, s. 3195d Section 3195d. 946.45 (2) (c) of the statutes is amended to read:

AB133-ASA1-AA2,545,19 946.45 (2) (c) "Institution" includes a secured correctional facility, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), a secured group home, as defined in s. 938.02 (15p), and a Type 2 child caring institution, as defined in s. 938.02 (19r).

AB133-ASA1-AA2, s. 3196d Section 3196d. 946.45 (2) (d) of the statutes is amended to read:

AB133-ASA1-AA2,546,2 946.45 (2) (d) "Prisoner" includes a person who is under the supervision of the department of corrections under s. 938.34 (4h) or, who is placed in a secured correctional facility or, a secured child caring institution or a secured group home under s. 938.183, 938.34 (4m) or 938.357 (4) or (5) (e) or, who is placed in a Type 2 child caring institution under s. 938.34 (4d) or who is subject to an order under s. 48.366.".

AB133-ASA1-AA2,546,3 1022. Page 1439, line 7: after that line insert:

AB133-ASA1-AA2,546,4 " Section 3193s. 947.017 of the statutes is created to read:

AB133-ASA1-AA2,546,8 947.017 Threat to cause death, bodily harm or property damage. (1) In this section, "governmental unit" means the United States, this state or one of its political subdivisions, an instrumentality or corporation of any of the foregoing or a combination or subunit of any of the foregoing.

AB133-ASA1-AA2,546,13 (2) A person is guilty of a Class E felony if the person threatens to use a dangerous weapon or explosives to cause death, bodily harm or property damage in or on the premises of a structure owned, occupied or controlled by a governmental unit, a school, as defined in s. 948.50 (2) (a), or an institution of higher education, as defined in s. 108.02 (18).".

AB133-ASA1-AA2,546,14 1023. Page 1440, line 15: after that line insert:

AB133-ASA1-AA2,546,15 " Section 3201d. 968.255 (7) (b) of the statutes is amended to read:

AB133-ASA1-AA2,546,18 968.255 (7) (b) Is placed in or transferred to a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p).".

AB133-ASA1-AA2,546,20 1024. Page 1445, line 15: delete the material beginning with that line and ending with page 1446, line 10.

AB133-ASA1-AA2,546,21 1025. Page 1447, line 2: delete "Forest," and substitute "Forest,".

AB133-ASA1-AA2,546,23 1026. Page 1447, line 19: delete the material beginning with that line and ending with page 1448, line 20.

AB133-ASA1-AA2,546,24 1027. Page 1453, line 4: after that line insert:

AB133-ASA1-AA2,547,1 " Section 3216d. 980.015 (2) (b) of the statutes is amended to read:

AB133-ASA1-AA2,547,5 980.015 (2) (b) The anticipated release from a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), of a person adjudicated delinquent under s. 938.183 or 938.34 on the basis of a sexually violent offense.

AB133-ASA1-AA2, s. 3217d Section 3217d. 980.02 (1) (b) 2. of the statutes is amended to read:

AB133-ASA1-AA2,547,11 980.02 (1) (b) 2. The county in which the person will reside or be placed upon his or her discharge from a sentence, release on parole or extended supervision, or release from imprisonment, from a secured correctional facility, as defined in s. 938.02 (15m), or from a secured child caring institution, as defined in s. 938.02 (15g), from a secured group home, as defined in s. 938.02 (15p), or from a commitment order.

AB133-ASA1-AA2, s. 3218d Section 3218d. 980.02 (2) (ag) of the statutes is amended to read:

AB133-ASA1-AA2,547,20 980.02 (2) (ag) The person is within 90 days of discharge or release, on parole, extended supervision or otherwise, from a sentence that was imposed for a conviction for a sexually violent offense, from a secured correctional facility, as defined in s. 938.02 (15m), or from a secured child caring institution, as defined in s. 938.02 (15g), or from a secured group home, as defined in s. 938.02 (15p), if the person was placed in the facility for being adjudicated delinquent under s. 938.183 or 938.34 on the basis of a sexually violent offense or from a commitment order that was entered as a result of a sexually violent offense.

AB133-ASA1-AA2, s. 3219d Section 3219d. 980.02 (4) (am) of the statutes is amended to read:

AB133-ASA1-AA2,548,2 980.02 (4) (am) The circuit court for the county in which the person will reside or be placed upon his or her discharge from a sentence, release on parole or extended supervision, or release from imprisonment, from a secured correctional facility, as defined in s. 938.02 (15m), or from a secured child caring institution, as defined in s. 938.02 (15g), from a secured group home, as defined in s. 938.02 (15p), or from a commitment order.

AB133-ASA1-AA2, s. 3220d Section 3220d. 980.02 (4) (b) of the statutes is amended to read:

AB133-ASA1-AA2,548,7 980.02 (4) (b) The circuit court for the county in which the person is in custody under a sentence, a placement to a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), or a commitment order.".

AB133-ASA1-AA2,548,8 1028. Page 1453, line 22: after that line insert:

AB133-ASA1-AA2,548,9 " Section 3222d. 980.04 (1) of the statutes is amended to read:

AB133-ASA1-AA2,548,22 980.04 (1) Upon the filing of a petition under s. 980.02, the court shall review the petition to determine whether to issue an order for detention of the person who is the subject of the petition. The person shall be detained only if there is cause to believe that the person is eligible for commitment under s. 980.05 (5). A person detained under this subsection shall be held in a facility approved by the department. If the person is serving a sentence of imprisonment, is in a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), or is committed to institutional care, and the court orders detention under this subsection, the court shall order that the person be transferred to a detention facility approved by the department. A detention order under this subsection remains in effect until the person is discharged after a trial under s. 980.05 or until the effective date of a commitment order under s. 980.06, whichever is applicable.".

AB133-ASA1-AA2,548,23 1029. Page 1459, line 24: after that line insert:

AB133-ASA1-AA2,548,24 " Section 3243a. 992.21 of the statutes is created to read:

AB133-ASA1-AA2,549,5 992.21 Actions by division of savings and loan validated. Any action taken by the division of savings and loan between July 1, 1996, and the effective date of this section .... [revisor inserts date], under the name of the division of savings institutions has the same force and effect in all respects as if the action had been taken under the name of the division of savings and loan.".

AB133-ASA1-AA2,549,6 1030. Page 1462, line 24: after that line insert:

AB133-ASA1-AA2,549,7 " Section 3261b. 1997 Wisconsin Act 27, section 1664f is repealed.

AB133-ASA1-AA2, s. 3261c Section 3261c. 1997 Wisconsin Act 27, section 2059f is repealed.".

AB133-ASA1-AA2,549,9 1031. Page 1464, line 3: after that line insert:

AB133-ASA1-AA2,549,10 " Section 3262g. 1997 Wisconsin Act 27, section 9423 (9ptt) is repealed.".

AB133-ASA1-AA2,549,11 1032. Page 1469, line 14: after that line insert:

AB133-ASA1-AA2,549,12 "(3d) District attorney position reallocations.

AB133-ASA1-AA2,549,18 (a) Increased allocations. Of the authorized FTE GPR assistant district attorney positions for the department of administration funded from the appropriation under section 20.475 (1) (d) of the statutes, the number of positions allocated to the following prosecutorial units shall be increased as follows: 1.0 position for Sauk County, to be assigned to serve Columbia, Marquette and Sauk counties; and 0.5 position for La Crosse County.

AB133-ASA1-AA2,549,23 (b) Decreased allocations. Of the authorized FTE GPR assistant district attorney positions for the department of administration funded from the appropriation under section 20.475 (1) (d) of the statutes, the number of positions allocated to the following prosecutorial units shall be decreased as follows: 1.25 positions for Milwaukee County; and 0.5 position for Columbia County.".