AB133-ASA1-AA2,540,2418 939.635 (2) (b) That imposing the applicable presumptive minimum sentence
19specified in sub. (1) is not necessary to deter the person or other persons from
20committing violations of s. 940.20 (1) or 946.43 or other similar offenses while placed
21in a secured correctional facility, as defined in s. 938.02 (15m), a secure detention
22facility, as defined in s. 938.02 (16), or a secured child caring institution, as defined
23in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), or from
24committing violations of s. 940.20 (2m).".
AB133-ASA1-AA2,541,1
11018. Page 1436, line 16: after that line insert:
AB133-ASA1-AA2,541,2 2" Section 3176m. 940.295 (1) (q) of the statutes is repealed.
AB133-ASA1-AA2, s. 3176n 3Section 3176n. 940.295 (2) (j) of the statutes is repealed and recreated to read:
AB133-ASA1-AA2,541,54 940.295 (2) (j) The Wisconsin School for the Deaf under s. 115.52 and the
5Wisconsin Center for the Blind and Visually Impaired under s. 115.525.".
AB133-ASA1-AA2,541,6 61019. Page 1436, line 23: after that line insert:
AB133-ASA1-AA2,541,8 7" Section 3191bd. 945.03 of the statutes is renumbered 945.03 (1m), and
8945.03 (1m) (intro.), as renumbered, is amended to read:
AB133-ASA1-AA2,541,119 945.03 (1m) (intro.) Whoever intentionally does any of the following is engaged
10in commercial gambling and, except as provided in sub. (2m), is guilty of a Class E
11felony:
AB133-ASA1-AA2, s. 3191bf 12Section 3191bf. 945.03 (2m) of the statutes is created to read:
AB133-ASA1-AA2,541,1913 945.03 (2m) If the violation of sub. (1m) involves the possession, operation, set
14up, collection of proceeds, participation in earnings or maintenance of, or involves
15acting as the custodian of anything of value bet or offered to be bet on, not more than
165 video gambling machines on premises for which a Class "B" or "Class B" license or
17permit has been issued under ch. 125, and the person has been penalized under this
18subsection on 4 or fewer previous separate occasions, the person may be penalized
19as follows:
AB133-ASA1-AA2,541,2120 (a) If the violation involves one video gambling machine, the person may be
21required to forfeit not more than $500.
AB133-ASA1-AA2,541,2322 (b) If the violation involves 2 video gambling machines, the person may be
23required to forfeit not more than $1,000.
AB133-ASA1-AA2,542,2
1(c) If the violation involves 3 video gambling machines, the person may be
2required to forfeit not more than $1,500.
AB133-ASA1-AA2,542,43 (d) If the violation involves 4 video gambling machines, the person may be
4required to forfeit not more than $2,000.
AB133-ASA1-AA2,542,65 (e) If the violation involves 5 video gambling machines, the person may be
6required to forfeit not more than $2,500.
AB133-ASA1-AA2, s. 3191bh 7Section 3191bh. 945.04 of the statutes is renumbered 945.04 (1m), and 945.04
8(1m) (intro.), as renumbered, is amended to read:
AB133-ASA1-AA2,542,109 945.04 (1m) (intro.) Whoever Except as provided in sub. (2m), whoever
10intentionally does any of the following is guilty of a Class A misdemeanor:
AB133-ASA1-AA2, s. 3191bj 11Section 3191bj. 945.04 (2m) of the statutes is created to read:
AB133-ASA1-AA2,542,1612 945.04 (2m) If the violation of sub. (1m) involves the set up or use of not more
13than 5 video gambling machines on premises for which a Class "B" or "Class B"
14license or permit has been issued under ch. 125, and the person has been penalized
15under this subsection on 4 or fewer previous separate occasions, the person may be
16penalized as follows:
AB133-ASA1-AA2,542,1817 (a) If the violation involves one video gambling machine, the person may be
18required to forfeit not more than $500.
AB133-ASA1-AA2,542,2019 (b) If the violation involves 2 video gambling machines, the person may be
20required to forfeit not more than $1,000
AB133-ASA1-AA2,542,2221 (c) If the violation involves 3 video gambling machines, the person may be
22required to forfeit not more than $1,500.
AB133-ASA1-AA2,542,2423 (d) If the violation involves 4 video gambling machines, the person may be
24required to forfeit not more than $2,000
AB133-ASA1-AA2,543,2
1(e) If the violation involves 5 video gambling machines, the person may be
2required to forfeit not more than $2,500.
AB133-ASA1-AA2, s. 3191bm 3Section 3191bm. 945.041 (11) of the statutes is created to read:
AB133-ASA1-AA2,543,74 945.041 (11) No proceeding under this section may be commenced to revoke a
5Class "B" or "Class B" license or permit issued under ch. 125 to a person solely
6because the person knowingly permits 5 or fewer video gambling machines to be set
7up, kept, managed, used or conducted upon the licensed premises.
AB133-ASA1-AA2, s. 3191bn 8Section 3191bn. 945.05 (1) (intro.) of the statutes is amended to read:
AB133-ASA1-AA2,543,119 945.05 (1) (intro.) Whoever Except as provided in sub. (1m), whoever
10manufactures, transfers commercially or possesses with intent to transfer
11commercially either of the following is guilty of a Class E felony:
AB133-ASA1-AA2, s. 3191bp 12Section 3191bp. 945.05 (1m) of the statutes is created to read:
AB133-ASA1-AA2,543,1613 945.05 (1m) If a violation of sub. (1) involves the commercial transfer of a video
14gambling machine or possession of a video gambling machine with the intent to
15transfer commercially, and the person has been penalized under this subsection on
164 or fewer previous separate occasions, the person is subject to a Class C forfeiture.".
AB133-ASA1-AA2,543,17 171020. Page 1439, line 7: after that line insert:
AB133-ASA1-AA2,543,18 18" Section 3196m. 946.82 (4) of the statutes is amended to read:
AB133-ASA1-AA2,544,819 946.82 (4) "Racketeering activity" means any activity specified in 18 USC 1961
20(1) in effect as of April 27, 1982, or the attempt, conspiracy to commit, or commission
21of any of the felonies specified in: chs. 945 and 961 and ss. 49.49, 134.05, 139.44 (1),
22180.0129, 181.0129, 185.825, 200.09 (2), 215.12, 221.0625, 221.0636, 221.0637,
23221.1004, 551.41, 551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01,
24940.19 (3) to (6), 940.20, 940.201, 940.203, 940.21, 940.30, 940.305, 940.31, 941.20

1(2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 943.01 (2) or (2g), 943.011,
2943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (b) to (d),
3943.201, 943.23 (1g), (1m), (1r), (2) and (3), 943.24 (2), 943.25, 943.27, 943.28, 943.30,
4943.32, 943.34 (1) (b) and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4)
5(b) and (c), 943.60, 943.70, 944.205, 944.21 (5) (c) and (e), 944.32, 944.33 (2), 944.34,
6945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11, 946.12, 946.13, 946.31,
7946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76, 947.015, 948.05,
8948.08, 948.12 and 948.30.".
AB133-ASA1-AA2,544,9 91021. Page 1439, line 7: after that line insert:
AB133-ASA1-AA2,544,10 10" Section 3192d. 946.42 (1) (a) of the statutes is amended to read:
AB133-ASA1-AA2,545,211 946.42 (1) (a) "Custody" includes without limitation actual custody of an
12institution, including a secured correctional facility, as defined in s. 938.02 (15m), a
13secured child caring institution, as defined in s. 938.02 (15g), a secured group home,
14as defined in s. 938.02 (15p),
a secure detention facility, as defined in s. 938.02 (16),
15a Type 2 child caring institution, as defined in s. 938.02 (19r), or a juvenile portion
16of a county jail, or of a peace officer or institution guard and constructive custody of
17prisoners and juveniles subject to an order under s. 48.366, 938.183, 938.34 (4d), (4h)
18or (4m) or 938.357 (4) or (5) (e) temporarily outside the institution whether for the
19purpose of work, school, medical care, a leave granted under s. 303.068, a temporary
20leave or furlough granted to a juvenile or otherwise. Under s. 303.08 (6) it means,
21without limitation, that of the sheriff of the county to which the prisoner was
22transferred after conviction. It does not include the custody of a probationer, parolee
23or person on extended supervision by the department of corrections or a probation,
24extended supervision or parole officer or the custody of a person who has been

1released to aftercare supervision under ch. 938 unless the person is in actual custody
2or is subject to a confinement order under s. 973.09 (4).
AB133-ASA1-AA2, s. 3193d 3Section 3193d. 946.44 (2) (c) of the statutes is amended to read:
AB133-ASA1-AA2,545,74 946.44 (2) (c) "Institution" includes a secured correctional facility, as defined
5in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g),
6a secured group home, as defined in s. 938.02 (15p), and a Type 2 child caring
7institution, as defined in s. 938.02 (19r).
AB133-ASA1-AA2, s. 3194d 8Section 3194d. 946.44 (2) (d) of the statutes is amended to read:
AB133-ASA1-AA2,545,149 946.44 (2) (d) "Prisoner" includes a person who is under the supervision of the
10department of corrections under s. 938.34 (4h) or, who is placed in a secured
11correctional facility or, a secured child caring institution or a secured group home
12under s. 938.183, 938.34 (4m) or 938.357 (4) or (5) (e) or, who is placed in a Type 2
13child caring institution under s. 938.34 (4d) or who is subject to an order under s.
1448.366.
AB133-ASA1-AA2, s. 3195d 15Section 3195d. 946.45 (2) (c) of the statutes is amended to read:
AB133-ASA1-AA2,545,1916 946.45 (2) (c) "Institution" includes a secured correctional facility, as defined
17in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g),
18a secured group home, as defined in s. 938.02 (15p), and a Type 2 child caring
19institution, as defined in s. 938.02 (19r).
AB133-ASA1-AA2, s. 3196d 20Section 3196d. 946.45 (2) (d) of the statutes is amended to read:
AB133-ASA1-AA2,546,221 946.45 (2) (d) "Prisoner" includes a person who is under the supervision of the
22department of corrections under s. 938.34 (4h) or, who is placed in a secured
23correctional facility or, a secured child caring institution or a secured group home
24under s. 938.183, 938.34 (4m) or 938.357 (4) or (5) (e) or, who is placed in a Type 2

1child caring institution under s. 938.34 (4d) or who is subject to an order under s.
248.366.".
AB133-ASA1-AA2,546,3 31022. Page 1439, line 7: after that line insert:
AB133-ASA1-AA2,546,4 4" Section 3193s. 947.017 of the statutes is created to read:
AB133-ASA1-AA2,546,8 5947.017 Threat to cause death, bodily harm or property damage. (1)
6In this section, "governmental unit" means the United States, this state or one of its
7political subdivisions, an instrumentality or corporation of any of the foregoing or a
8combination or subunit of any of the foregoing.
AB133-ASA1-AA2,546,13 9(2) A person is guilty of a Class E felony if the person threatens to use a
10dangerous weapon or explosives to cause death, bodily harm or property damage in
11or on the premises of a structure owned, occupied or controlled by a governmental
12unit, a school, as defined in s. 948.50 (2) (a), or an institution of higher education, as
13defined in s. 108.02 (18).".
AB133-ASA1-AA2,546,14 141023. Page 1440, line 15: after that line insert:
AB133-ASA1-AA2,546,15 15" Section 3201d. 968.255 (7) (b) of the statutes is amended to read:
AB133-ASA1-AA2,546,1816 968.255 (7) (b) Is placed in or transferred to a secured correctional facility, as
17defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02
18(15g), or a secured group home, as defined in s. 938.02 (15p).".
AB133-ASA1-AA2,546,20 191024. Page 1445, line 15: delete the material beginning with that line and
20ending with page 1446, line 10.
AB133-ASA1-AA2,546,21 211025. Page 1447, line 2: delete "Forest," and substitute "Forest,".
AB133-ASA1-AA2,546,23 221026. Page 1447, line 19: delete the material beginning with that line and
23ending with page 1448, line 20.
AB133-ASA1-AA2,546,24 241027. Page 1453, line 4: after that line insert:
AB133-ASA1-AA2,547,1
1" Section 3216d. 980.015 (2) (b) of the statutes is amended to read:
AB133-ASA1-AA2,547,52 980.015 (2) (b) The anticipated release from a secured correctional facility, as
3defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02
4(15g), or a secured group home, as defined in s. 938.02 (15p), of a person adjudicated
5delinquent under s. 938.183 or 938.34 on the basis of a sexually violent offense.
AB133-ASA1-AA2, s. 3217d 6Section 3217d. 980.02 (1) (b) 2. of the statutes is amended to read:
AB133-ASA1-AA2,547,117 980.02 (1) (b) 2. The county in which the person will reside or be placed upon
8his or her discharge from a sentence, release on parole or extended supervision, or
9release from imprisonment, from a secured correctional facility, as defined in s.
10938.02 (15m), or from a secured child caring institution, as defined in s. 938.02 (15g),
11from a secured group home, as defined in s. 938.02 (15p), or from a commitment order.
AB133-ASA1-AA2, s. 3218d 12Section 3218d. 980.02 (2) (ag) of the statutes is amended to read:
AB133-ASA1-AA2,547,2013 980.02 (2) (ag) The person is within 90 days of discharge or release, on parole,
14extended supervision or otherwise, from a sentence that was imposed for a conviction
15for a sexually violent offense, from a secured correctional facility, as defined in s.
16938.02 (15m), or from a secured child caring institution, as defined in s. 938.02 (15g),
17or from a secured group home, as defined in s. 938.02 (15p), if the person was placed
18in the facility for being adjudicated delinquent under s. 938.183 or 938.34 on the
19basis of a sexually violent offense or from a commitment order that was entered as
20a result of a sexually violent offense.
AB133-ASA1-AA2, s. 3219d 21Section 3219d. 980.02 (4) (am) of the statutes is amended to read:
AB133-ASA1-AA2,548,222 980.02 (4) (am) The circuit court for the county in which the person will reside
23or be placed upon his or her discharge from a sentence, release on parole or extended
24supervision, or release from imprisonment, from a secured correctional facility, as
25defined in s. 938.02 (15m), or from a secured child caring institution, as defined in

1s. 938.02 (15g), from a secured group home, as defined in s. 938.02 (15p), or from a
2commitment order.
AB133-ASA1-AA2, s. 3220d 3Section 3220d. 980.02 (4) (b) of the statutes is amended to read:
AB133-ASA1-AA2,548,74 980.02 (4) (b) The circuit court for the county in which the person is in custody
5under a sentence, a placement to a secured correctional facility, as defined in s.
6938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or
7a secured group home, as defined in s. 938.02 (15p),
or a commitment order.".
AB133-ASA1-AA2,548,8 81028. Page 1453, line 22: after that line insert:
AB133-ASA1-AA2,548,9 9" Section 3222d. 980.04 (1) of the statutes is amended to read:
AB133-ASA1-AA2,548,2210 980.04 (1) Upon the filing of a petition under s. 980.02, the court shall review
11the petition to determine whether to issue an order for detention of the person who
12is the subject of the petition. The person shall be detained only if there is cause to
13believe that the person is eligible for commitment under s. 980.05 (5). A person
14detained under this subsection shall be held in a facility approved by the department.
15If the person is serving a sentence of imprisonment, is in a secured correctional
16facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined
17in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), or is
18committed to institutional care, and the court orders detention under this
19subsection, the court shall order that the person be transferred to a detention facility
20approved by the department. A detention order under this subsection remains in
21effect until the person is discharged after a trial under s. 980.05 or until the effective
22date of a commitment order under s. 980.06, whichever is applicable.".
AB133-ASA1-AA2,548,23 231029. Page 1459, line 24: after that line insert:
AB133-ASA1-AA2,548,24 24" Section 3243a. 992.21 of the statutes is created to read:
AB133-ASA1-AA2,549,5
1992.21 Actions by division of savings and loan validated. Any action
2taken by the division of savings and loan between July 1, 1996, and the effective date
3of this section .... [revisor inserts date], under the name of the division of savings
4institutions has the same force and effect in all respects as if the action had been
5taken under the name of the division of savings and loan.".
AB133-ASA1-AA2,549,6 61030. Page 1462, line 24: after that line insert:
AB133-ASA1-AA2,549,7 7" Section 3261b. 1997 Wisconsin Act 27, section 1664f is repealed.
AB133-ASA1-AA2, s. 3261c 8Section 3261c. 1997 Wisconsin Act 27, section 2059f is repealed.".
AB133-ASA1-AA2,549,9 91031. Page 1464, line 3: after that line insert:
AB133-ASA1-AA2,549,10 10" Section 3262g. 1997 Wisconsin Act 27, section 9423 (9ptt) is repealed.".
AB133-ASA1-AA2,549,11 111032. Page 1469, line 14: after that line insert:
AB133-ASA1-AA2,549,12 12"(3d) District attorney position reallocations.
AB133-ASA1-AA2,549,18 13(a) Increased allocations. Of the authorized FTE GPR assistant district
14attorney positions for the department of administration funded from the
15appropriation under section 20.475 (1) (d) of the statutes, the number of positions
16allocated to the following prosecutorial units shall be increased as follows: 1.0
17position for Sauk County, to be assigned to serve Columbia, Marquette and Sauk
18counties; and 0.5 position for La Crosse County.
AB133-ASA1-AA2,549,23 19(b) Decreased allocations. Of the authorized FTE GPR assistant district
20attorney positions for the department of administration funded from the
21appropriation under section 20.475 (1) (d) of the statutes, the number of positions
22allocated to the following prosecutorial units shall be decreased as follows: 1.25
23positions for Milwaukee County; and 0.5 position for Columbia County.".
AB133-ASA1-AA2,549,24 241033. Page 1475, line 21: after that line insert:
AB133-ASA1-AA2,550,6
1"(11d) Pilot literacy programs. In fiscal year 2000-01, the secretary of
2administration shall allocate $150,000 from the appropriation under section 20.505
3(6) (pb) of the statutes to award grants on a competitive basis to 6 counties for pilot
4literacy programs in jails or houses of corrections. To be eligible for a grant under
5this subsection, a county must pay at least 25% of the total cost of its pilot literacy
6program.".
AB133-ASA1-AA2,550,8 71034. Page 1477, line 24: delete the material beginning with that line and
8ending with page 1478, line 8.
AB133-ASA1-AA2,550,10 91035. Page 1478, line 20: delete the material beginning with that line and
10ending with page 1479, line 5.
AB133-ASA1-AA2,550,12 111036. Page 1479, line 19: delete the material beginning with that line and
12ending with page 1480, line 10.
AB133-ASA1-AA2,550,13 131037. Page 1480, line 25: after that line insert:
AB133-ASA1-AA2,550,20 14"(19v) Selling and transferring rights to tobacco litigation funds. The
15department of administration shall study the idea of selling and transferring
16Wisconsin's rights to the moneys due to Wisconsin under the Attorneys General
17Master Tobacco Settlement Agreement of November 23, 1998, for the purpose of
18creating a permanent endowment fund. No later than January 1, 2000, the
19department shall submit the study to the legislature in the manner provided under
20section 13.172 (2) of the statutes.".
AB133-ASA1-AA2,550,21 211038. Page 1480, line 25: after that line insert:
AB133-ASA1-AA2,551,4 22"(20m) Study of state-owned water purification and wastewater treatment
23plants
. The department of administration shall study the feasibility and desirability
24of selling, leasing or forming public-private partnerships to operate the water

1purification and wastewater treatment plants owned by the state. The department
2shall submit a report to the legislature concerning the options available to the state
3with respect to such sale, leasing or operational agreements in the manner provided
4under section 13.172 (2) of the statutes no later than December 31, 2000.".
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