Amendment SSA1-SB237

SB237-SSA1,11,21 (e) A reserve judge who resides in the 1st, 2nd, 3rd, 4th or 5th judicial administrative district and a reserve judge who resides in the 6th, 7th, 8th, 9th or 10th judicial administrative district, appointed by the supreme court.

SB237-SSA1,11,24 (f) Two members of the public appointed by the governor, one of whom shall have law enforcement experience in this state and one of whom shall be an elected county official.

SB237-SSA1,12,3 (2) Officers. The majority party senator and the majority party representative to the assembly shall be cochairpersons of the committee. The committee shall elect a secretary from among its nonlegislator members.

SB237-SSA1,12,5 (3) Judicial and gubernatorial appointees. Members appointed under sub. (1) (e) or (f) shall serve at the pleasure of the authority appointing them.

SB237-SSA1,12,8 (4) Eligibility. A member shall cease to be a member upon losing the status upon which the appointment is based. Membership on the committee shall not be incompatible with any other public office.

SB237-SSA1,12,16 (5) Review of legislation relating to crimes. (a) If any bill that is introduced in either house of the legislature proposes to create a new crime or revise a penalty for an existing crime and the bill is referred to a standing committee of the house in which it is introduced, the chairperson may request the joint review committee to prepare a report on the bill under par. (b). If the bill is not referred to a standing committee, the speaker of the assembly, if the bill is introduced in the assembly, or the presiding officer of the senate, if the bill is introduced in the senate, may request the joint review committee to prepare a report on the bill under par. (b).

SB237-SSA1,12,19 (b) If the joint review committee receives a request under par. (a) for a report on a bill that proposes to create a new crime or revise a penalty for an existing crime, the committee shall prepare a report concerning all of the following:

SB237-SSA1,12,22 1. The costs that are likely to be incurred or saved by the department of corrections, the department of justice, the state public defender, the courts, district attorneys and other state and local government agencies if the bill is enacted.

SB237-SSA1,12,24 2. The consistency of penalties proposed in the bill with existing criminal penalties.

SB237-SSA1,13,2 3. Alternative language needed, if any, to conform penalties proposed in the bill to penalties in existing criminal statutes.

SB237-SSA1,13,4 4. Whether acts prohibited under the bill are prohibited under existing criminal statutes.

SB237-SSA1,13,8 (c) The chief clerk shall print a report prepared by the committee under par. (b) as an appendix to the bill and attach it thereto as are amendments. The reproduction shall be in lieu of inclusion in the daily journal of the house in which the proposal is introduced.

SB237-SSA1,13,14 (d) If a bill that is introduced in either house of the legislature proposes to create a new crime or revise a penalty for an existing crime, a standing committee to which the bill is referred may not vote on whether to recommend the bill for passage and the bill may not be passed by the house in which it is introduced before the joint review committee submits a report under par. (b) or before the 30th day after a report is requested under par. (a), whichever is earlier.

SB237-SSA1,13,18 (6) Committee powers and procedures. The committee may hold hearings as needed to elicit information for making a report. The committee shall meet at the call of its cochairpersons. All actions of the committee require the approval of a majority of all of its members.

SB237-SSA1, s. 8 Section 8. 13.69 (6m) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,13,25 13.69 (6m) Any principal, lobbyist or other individual acting on behalf of a principal who files a statement under s. 13.63 (1), 13.64, 13.65, 13.67 or 13.68 which he or she does not believe to be true may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

SB237-SSA1, s. 9 Section 9. 23.33 (13) (cg) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,14,7 23.33 (13) (cg) Penalties related to causing death or injury; interference with signs and standards. A person who violates sub. (8) (f) 1. shall be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class H felony if the violation causes the death or injury, as defined in s. 30.67 (3) (b), of another person.

SB237-SSA1, s. 10 Section 10. 26.14 (8) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,14,12 26.14 (8) Any person who intentionally sets fire to the land of another or to a marsh shall be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

SB237-SSA1, s. 11 Section 11. 29.971 (1) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,14,18 29.971 (1) (c) For A person having fish in his or her possession in violation of this chapter and is guilty of a Class I felony if the value of the fish under par. (d) exceeds $1,000, by a fine of not more than $10,000 or imprisonment for not more than 3 years or both.

SB237-SSA1, s. 12 Section 12. 29.971 (1m) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,14,23 29.971 (1m) (c) For A person possessing clams in violation of s. 29.537, is guilty of a Class I felony if the value of the clams under par. (d) exceeds $1,000, by a fine of not more than $10,000 or imprisonment for not more than 3 years or both.

SB237-SSA1, s. 13 Section 13. 29.971 (11m) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,15,9 29.971 (11m) (a) For shooting, shooting at, killing, taking, catching or possessing a bear without a valid Class A bear license, or for possessing a bear which does not have a carcass tag attached or possessing a bear during the closed season, by a fine of not less than $1,000 nor more than $2,000 or by imprisonment for not more than 6 months or both for the first violation, or by a fine of not more than $5,000 $10,000 or imprisonment for not more than 2 years 9 months or both for any subsequent violation, and, in addition, the court shall revoke all hunting approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting approval under this chapter to the person for 3 years.

SB237-SSA1, s. 14 Section 14. 29.971 (11p) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,15,14 29.971 (11p) (a) For entering the den of a hibernating black bear and harming the bear, by a fine of not more than $10,000 or imprisonment for not more than 2 years 9 months or both.

SB237-SSA1, s. 15 Section 15. 30.80 (2g) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,15,19 30.80 (2g) (b) Shall be fined not less than $300 nor more than $5,000 $10,000 or imprisoned for not more than 2 years 9 months or both if the accident involved injury to a person but the person did not suffer great bodily harm.

SB237-SSA1, s. 16 Section 16. 30.80 (2g) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,15,24 30.80 (2g) (c) Shall be fined not more than $10,000 or imprisoned for not more than 3 years or both Is guilty of a Class I felony if the accident involved injury to a person and the person suffered great bodily harm.

SB237-SSA1, s. 17 Section 17. 30.80 (2g) (d) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,16,5 30.80 (2g) (d) Shall be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both Is guilty of a Class H felony if the accident involved death to a person.

SB237-SSA1, s. 18 Section 18. 30.80 (3m) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,16,10 30.80 (3m) Any person violating s. 30.547 (1), (3) or (4) shall be fined not more than $5,000 or imprisoned not more than 7 years and 6 months or both is guilty of a Class H felony.

SB237-SSA1, s. 19 Section 19. 36.25 (6) (d) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,16,20 36.25 (6) (d) Any officer, agent, clerk or employe of the survey or department of revenue who makes known to any person except the officers of the survey or department of revenue, in any manner, any information given to such person in the discharge of such person's duties under par. (c), which information was given to such person with the request that it not be made known, upon conviction thereof, shall be fined not less than $50 nor more than $500 or imprisoned for not less than one month nor more than 3 years is guilty of a Class I felony. This paragraph shall not prevent the use for assessment purposes of any information obtained under this subsection.

SB237-SSA1, s. 20 Section 20. 47.03 (3) (d) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,16,24 47.03 (3) (d) Any person who violates this subsection shall be fined not more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both.

SB237-SSA1, s. 21 Section 21. 48.355 (2d) (b) 3. of the statutes is amended to read:

SB237-SSA1,17,8 48.355 (2d) (b) 3. That the parent has committed a violation of s. 940.19 (3), 1997 stats., a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) if committed in this state, and that the violation resulted in great bodily harm, as defined in s. 939.22 (14), or in substantial bodily harm, as defined in s. 939.22 (38), to the child or another child of the parent.

SB237-SSA1, s. 22 Section 22. 48.415 (9m) (b) 2. of the statutes is amended to read:

SB237-SSA1,17,15 48.415 (9m) (b) 2. The commission of a violation of s. 940.19 (3), 1997 stats., a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (3) (a), 948.05, 948.06 or 948.08 or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (3) (a), 948.05, 948.06 or 948.08 if committed in this state.

SB237-SSA1, s. 23 Section 23. 48.417 (1) (d) of the statutes is amended to read:

SB237-SSA1,17,24 48.417 (1) (d) A court of competent jurisdiction has found that the parent has committed a violation of s. 940.19 (3), 1997 stats., a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) if committed in this state, and that the violation resulted in great bodily harm, as defined in s. 939.22 (14), or in substantial bodily harm, as defined in s. 939.22 (38), to the child or another child of the parent.

SB237-SSA1, s. 24 Section 24. 48.57 (3p) (g) 2. of the statutes is amended to read:

SB237-SSA1,18,5 48.57 (3p) (g) 2. The person has had imposed on him or her a penalty specified in s. 939.64, 1997 stats., or s. 939.641, 1997 stats., or s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a violation of the law of any other state or federal law under circumstances under which the person would be subject to a penalty specified in any of those sections if convicted in this state.

SB237-SSA1, s. 25 Section 25. 48.685 (5) (bm) 2. of the statutes is amended to read:

SB237-SSA1,18,8 48.685 (5) (bm) 2. A violation of s. 940.19 (3), 1997 stats., or of s. 940.19 (2), (3), (4), (5) or (6) or 940.20 (1) or (1m), if the victim is the spouse of the person.

SB237-SSA1, s. 26 Section 26. 48.685 (5) (bm) 3. of the statutes is amended to read:

SB237-SSA1,18,12 48.685 (5) (bm) 3. A violation of s. 943.23 (1m) or (1r), 1997 stats., or of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.21, 940.225 (1), (2) or (3), 940.23, 940.305, 940.31, 941.20 (2) or (3), 941.21, 943.10 (2), 943.23 (1g), (1m) or (1r) or 943.32 (2).

SB237-SSA1, s. 27 Section 27. 48.685 (5) (bm) 4. of the statutes is amended to read:

SB237-SSA1,18,17 48.685 (5) (bm) 4. A violation of s. 940.19 (3), 1997 stats., or of s. 940.19 (2), (3), (4), (5) or (6), 940.20, 940.203, 940.205 or 940.207 or an offense under ch. 961 that is a felony, if committed not more than 5 years before the date of the investigation under sub. (2) (am).

SB237-SSA1, s. 28 Section 28. 49.127 (8) (a) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,18,22 49.127 (8) (a) 2. If the value of the food coupons exceeds $100, but is less than $5,000, a person who violates this section may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class I felony.

SB237-SSA1, s. 29 Section 29. 49.127 (8) (b) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,19,4 49.127 (8) (b) 2. If the value of the food coupons exceeds $100, but is less than $5,000, a person who violates this section may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

SB237-SSA1, s. 30 Section 30. 49.127 (8) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,19,9 49.127 (8) (c) For any offense under this section, if the value of the food coupons is $5,000 or more, a person who violates this section may be fined not more than $250,000 or imprisoned for not more than 30 years or both is guilty of a Class G felony.

SB237-SSA1, s. 31 Section 31. 49.141 (7) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,19,15 49.141 (7) (a) A person who is convicted of violating sub. (6) in connection with the furnishing by that person of items or services for which payment is or may be made under Wisconsin works may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

SB237-SSA1, s. 32 Section 32. 49.141 (7) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,19,20 49.141 (7) (b) A person, other than a person under par. (a), who is convicted of violating sub. (6) may be fined not more than $10,000 or imprisoned for not more than 2 years 9 months or both.

SB237-SSA1, s. 33 Section 33. 49.141 (9) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,20,6 49.141 (9) (a) Whoever solicits or receives any remuneration in cash or in-kind, in return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under Wisconsin works, or in return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under Wisconsin works, is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

SB237-SSA1, s. 34 Section 34. 49.141 (9) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,20,17 49.141 (9) (b) Whoever offers or pays any remuneration in cash or in-kind to any person to induce the person to refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under Wisconsin works, or to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service or item for which payment may be made in whole or in part under any provision of Wisconsin works, is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

SB237-SSA1, s. 35 Section 35. 49.141 (10) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,20,23 49.141 (10) (b) A person who violates this subsection is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

SB237-SSA1, s. 36 Section 36. 49.49 (1) (b) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,21,7 49.49 (1) (b) 1. In the case of such a statement, representation, concealment, failure, or conversion by any person in connection with the furnishing by that person of items or services for which medical assistance is or may be made, a person convicted of violating this subsection is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

SB237-SSA1, s. 37 Section 37. 49.49 (2) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,21,20 49.49 (2) (a) Solicitation or receipt of remuneration. Any person who solicits or receives any remuneration, including any kickback, bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind, in return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under a medical assistance program, or in return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under a medical assistance program, is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

SB237-SSA1, s. 38 Section 38. 49.49 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,22,8 49.49 (2) (b) Offer or payment of remuneration. Whoever offers or pays any remuneration including any kickback, bribe, or rebate directly or indirectly, overtly or covertly, in cash or in kind to any person to induce such person to refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under a medical assistance program, or to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service or item for which payment may be made in whole or in part under a medical assistance program, is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

SB237-SSA1, s. 39 Section 39. 49.49 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,22,20 49.49 (3) Fraudulent certification of facilities. No person may knowingly and wilfully make or cause to be made, or induce or seek to induce the making of, any false statement or representation of a material fact with respect to the conditions or operation of any institution or facility in order that such institution or facility may qualify either upon initial certification or upon recertification as a hospital, skilled nursing facility, intermediate care facility, or home health agency. Violators of A person who violates this subsection is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

SB237-SSA1, s. 40 Section 40. 49.49 (3m) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,23,2 49.49 (3m) (b) A person who violates this subsection is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

SB237-SSA1, s. 41 Section 41. 49.49 (4) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,23,8 49.49 (4) (b) A person who violates this subsection is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

SB237-SSA1, s. 42 Section 42. 49.95 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is renumbered 49.95 (1) (intro.) and amended to read:

SB237-SSA1,23,13 49.95 (1) (intro.) Any person who, with intent to secure public assistance under this chapter, whether for himself or herself or for some other person, wilfully makes any false representations may, if is subject to the following penalties:

SB237-SSA1,23,15 (a) If the value of the assistance so secured does not exceed $300, the person may be required to forfeit not more than $1,000; if.

SB237-SSA1,23,18 (b) If the value of the assistance exceeds $300 but does not exceed $1,000, the person may be fined not more than $250 or imprisoned for not more than 6 months or both; if.

SB237-SSA1,23,21 (c) If the value of the assistance exceeds $1,000 but does not exceed $2,500, $2,000, the person may be fined not more than $500 $10,000 or imprisoned for not more than 7 years and 6 9 months or both; and if.

SB237-SSA1,23,24 (d) If the value of the assistance exceeds $2,500, be punished as prescribed under s. 943.20 (3) (c) $2,000 but does not exceed $5,000, the person is guilty of a Class I felony.

SB237-SSA1, s. 43 Section 43. 49.95 (1) (e) and (f) of the statutes are created to read: