Amendment JR2 CA1-ASA1-AB1

AB1-ASA1-CA1,390,19 940.32 (2m) (intro.) Whoever violates sub. (2) is guilty of a Class D H felony if any of the following applies:

AB1-ASA1-CA1, s. 659c Section 659c. 940.32 (2m) (a) of the statutes is created to read:

AB1-ASA1-CA1,390,23 940.32 (2m) (a) The actor has a previous conviction for a violent crime, as defined in s. 939.632 (1) (e) 1., or a previous conviction under this section or s. 947.013 (1r), (1t), (1v), or (1x).

AB1-ASA1-CA1, s. 659d Section 659d. 940.32 (2m) (b) of the statutes is created to read:

AB1-ASA1-CA1,391,3 940.32 (2m) (b) The actor has a previous conviction for a crime, the victim of that crime is the victim of the present violation of sub. (2), and the present violation occurs within 7 years after the prior conviction.

AB1-ASA1-CA1, s. 659e Section 659e. 940.32 (2m) (d) of the statutes is created to read:

AB1-ASA1-CA1,391,6 940.32 (2m) (d) The person violates s. 968.31 (1) or 968.34 (1) in order to facilitate the violation.

AB1-ASA1-CA1, s. 659f Section 659f. 940.32 (2m) (e) of the statutes is created to read:

AB1-ASA1-CA1,391,9 940.32 (2m) (e) The victim is under the age of 18 years at the time of the violation.

AB1-ASA1-CA1, s. 659g Section 659g. 940.32 (3) (intro.) of the statutes is amended to read:

AB1-ASA1-CA1,391,12 940.32 (3) (intro.) Whoever violates sub. (2) under any of the following circumstances is guilty of a Class E C felony if any of the following applies:".

AB1-ASA1-CA1,391,13 447. Page 249, line 3: delete lines 3 to 5 and substitute:

AB1-ASA1-CA1,391,15 " Section 660b. 940.32 (3) (intro.) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

AB1-ASA1-CA1,391,17 940.32 (3) (intro.) Whoever violates sub. (2) is guilty of a Class C F felony if any of the following applies:

AB1-ASA1-CA1, s. 660c Section 660c. 940.32 (3) (a) of the statutes is amended to read:

AB1-ASA1-CA1,391,20 940.32 (3) (a) The act results in bodily harm to the victim or a member of the victim's family or household.

AB1-ASA1-CA1, s. 660d Section 660d. 940.32 (3) (b) of the statutes is amended to read:

AB1-ASA1-CA1,392,2 940.32 (3) (b) The actor has a previous conviction for a violent crime, as defined in s. 939.632 (1) (e) 1., or a previous conviction under this section or s. 947.013 (1r), (1t), (1v) or (1x) for a violation against, the same victim of that crime is the victim of the present violation of sub. (2), and the present violation occurs within 7 years after the prior conviction.

AB1-ASA1-CA1, s. 660e Section 660e. 940.32 (3) (c) of the statutes is created to read:

AB1-ASA1-CA1,392,5 940.32 (3) (c) The actor uses a dangerous weapon in carrying out any of the acts listed in sub. (1) (a) 1. to 9.".

AB1-ASA1-CA1,392,6 448. Page 249, line 6: delete lines 6 to 8 and substitute:

AB1-ASA1-CA1,392,7 " Section 661b. 940.32 (3m) of the statutes is repealed.".

AB1-ASA1-CA1,392,8 449. Page 271, line 8: after that line insert:

AB1-ASA1-CA1,392,10 " Section 810g. 943.76 (1) of the statutes, as created by 2001 Wisconsin Act 16, is renumbered 943.76 (1) (intro.) and amended to read:

AB1-ASA1-CA1,392,11 943.76 (1) (intro.) In this section, "livestock":

AB1-ASA1-CA1,392,14 (a) "Livestock" means cattle, horses, swine, sheep, goats, farm-raised deer, as defined in s. 95.001 (1) (a), poultry, and other animals used or to be used in the production of food, fiber, or other commercial products.

AB1-ASA1-CA1, s. 810k Section 810k. 943.76 (1) (b) of the statutes is created to read:

AB1-ASA1-CA1,392,16 943.76 (1) (b) "Paratuberculosis" has the meaning given in s. 95.001 (1) (c).

AB1-ASA1-CA1, s. 810n Section 810n. 943.76 (1) (c) of the statutes is created to read:

AB1-ASA1-CA1,392,20 943.76 (1) (c) "Reckless conduct" means conduct which creates a substantial risk of an animal's death or a substantial risk of bodily harm to an animal if the actor is aware of that risk.".

AB1-ASA1-CA1,392,21 450. Page 271, line 18: after that line insert:

AB1-ASA1-CA1,392,22 " Section 812m. 943.76 (3) of the statutes is created to read:

AB1-ASA1-CA1,393,3 943.76 (3) (a) Whoever, through reckless conduct, introduces a contagious or infectious disease other than paratuberculosis into livestock without the consent of the owner of the livestock is guilty of a Class A misdemeanor.

AB1-ASA1-CA1,393,6 (b) Whoever, through reckless conduct, introduces a contagious or infectious disease other than paratuberculosis into wild deer without the consent of the department of natural resources is guilty of a Class A misdemeanor.

AB1-ASA1-CA1,393,11 (c) This subsection does not apply if the actor's conduct is undertaken pursuant to a directive issued by the department of agriculture, trade and consumer protection or an agreement between the actor and the department of agriculture, trade and consumer protection, if the purpose of the directive or the agreement is to prevent or control the spread of the disease.".

AB1-ASA1-CA1,393,12 451. Page 271, line 18: after that line insert:

AB1-ASA1-CA1,393,13 " Section 812t. 943.76 (4) of the statutes is created to read:

AB1-ASA1-CA1,393,16 943.76 (4) (a) Whoever intentionally threatens to introduce a contagious or infectious disease into livestock located in this state without the consent of the owner of the livestock is guilty of a Class D felony if one of the following applies:

AB1-ASA1-CA1,393,18 1. The owner of the livestock is aware of the threat and reasonably believes that the actor will attempt to carry out the threat.

AB1-ASA1-CA1,393,21 2. The owner of the livestock is unaware of the threat, but if the owner were apprised of the threat, it would be reasonable for the owner to believe that the actor would attempt to carry out the threat.

AB1-ASA1-CA1,393,24 (b) Whoever intentionally threatens to introduce a contagious or infectious disease into wild deer located in this state without the consent of the department of natural resources is guilty of a Class D felony if one of the following applies:

AB1-ASA1-CA1,394,2 1. The department of natural resources is aware of the threat and reasonably believes that the actor will attempt to carry out the threat.

AB1-ASA1-CA1,394,5 2. The department of natural resources is unaware of the threat, but if the department were apprised of the threat, it would be reasonable for the department to believe that the actor would attempt to carry out the threat.

AB1-ASA1-CA1, s. 812u Section 812u. 943.76 (4) (a) (intro.) of the statutes, as created by 2001 Wisconsin Act .... (this act), is amended to read:

AB1-ASA1-CA1,394,11 943.76 (4) (a) (intro.) Whoever intentionally threatens to introduce a contagious or infectious disease into livestock located in this state without the consent of the owner of the livestock is guilty of a Class D H felony if one of the following applies:

AB1-ASA1-CA1, s. 812v Section 812v. 943.76 (4) (b) (intro.) of the statutes, as created by 2001 Wisconsin Act .... (this act), is amended to read:

AB1-ASA1-CA1,394,17 943.76 (4) (b) (intro.) Whoever intentionally threatens to introduce a contagious or infectious disease into wild deer located in this state without the consent of the department of natural resources is guilty of a Class D H felony if one of the following applies:".

AB1-ASA1-CA1,394,18 452. Page 282, line 8: after that line insert:

AB1-ASA1-CA1,394,19 " Section 874x. 947.013 (1t) of the statutes is amended to read:

AB1-ASA1-CA1,394,23 947.013 (1t) Whoever violates sub. (1r) is guilty of a Class E felony if the person has a prior conviction under this subsection or sub. (1r), (1v), or (1x) or s. 940.32 (2), (2e), (2m), or (3) or (3m) involving the same victim and the present violation occurs within 7 years of the prior conviction.".

AB1-ASA1-CA1,394,24 453. Page 282, line 9: delete lines 9 to 13 and substitute:

AB1-ASA1-CA1,395,2 " Section 875b. 947.013 (1t) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

AB1-ASA1-CA1,395,6 947.013 (1t) Whoever violates sub. (1r) is guilty of a Class E I felony if the person has a prior conviction under this subsection or sub. (1r), (1v), or (1x) or s. 940.32 (2), (2e), (2m), or (3) involving the same victim and the present violation occurs within 7 years of the prior conviction.".

AB1-ASA1-CA1,395,7 454. Page 282, line 21: after that line insert:

AB1-ASA1-CA1,395,8 " Section 877g. 947.013 (1x) (a) of the statutes is amended to read:

AB1-ASA1-CA1,395,10 947.013 (1x) (a) The person has a prior conviction under sub. (1r), (1t) or (1v) or this subsection or s. 940.32 (2), (2e), (2m), or (3) or (3m).".

AB1-ASA1-CA1,395,11 455. Page 284, line 14: after that line insert:

AB1-ASA1-CA1,395,12 " Section 886f. 948.025 (3) of the statutes is amended to read:

AB1-ASA1-CA1,395,19 948.025 (3) The state may not charge in the same action a defendant with a violation of this section and with a felony violation involving the same child under ch. 944 or a violation involving the same child under s. 948.02, 948.05, 948.06, 948.07, 948.075, 948.08, 948.10, 948.11, or 948.12, unless the other violation occurred outside of the time period applicable under sub. (1). This subsection does not prohibit a conviction for an included crime under s. 939.66 when the defendant is charged with a violation of this section.".

AB1-ASA1-CA1,395,20 456. Page 287, line 17: after that line insert:

AB1-ASA1-CA1,395,21 " Section 904m. 948.075 of the statutes is created to read:

AB1-ASA1-CA1,396,2 948.075 Use of a computer to facilitate a child sex crime. (1) Whoever uses a computerized communication system to communicate with an individual who the actor believes or has reason to believe has not attained the age of 16 years with intent have sexual contact or sexual intercourse with the individual in violation of s. 948.02 (1) or (2) is guilty of a Class BC felony.

AB1-ASA1-CA1,396,5 (2) This section does not apply if, at the time of the communication, the actor reasonably believed that the age of the person to whom the communication was sent was no more than 24 months less than the age of the actor.

AB1-ASA1-CA1,396,8 (3) Proof that the actor did an act, other than use a computerized communication system to communicate with the individual, to effect the actor's intent under sub. (1) shall be necessary to prove that intent.

AB1-ASA1-CA1, s. 904n Section 904n. 948.075 (1) of the statutes, as created by 2001 Wisconsin Act .... (this act), is amended to read:

AB1-ASA1-CA1,396,15 948.075 (1) Whoever uses a computerized communication system to communicate with an individual who the actor believes or has reason to believe has not attained the age of 16 years with intent have sexual contact or sexual intercourse with the individual in violation of s. 948.02 (1) or (2) is guilty of a Class BC Class D felony.".

AB1-ASA1-CA1,396,16 457. Page 288, line 23: after that line insert:

AB1-ASA1-CA1,396,17 " Section 910v. 948.13 (1) (a) of the statutes is amended to read:

AB1-ASA1-CA1,396,20 948.13 (1) (a) A crime under s. 940.22 (2) or 940.225 (2) (c) or (cm), if the victim is under 18 years of age at the time of the offense, or a crime under s. 948.02 (1), 948.025 (1), 948.05 (1) or (1m), 948.06 or, 948.07 (1), (2), (3), or (4), or 948.075.".

AB1-ASA1-CA1,396,21 458. Page 293, line 14: after that line insert:

AB1-ASA1-CA1,396,22 " Section 939m. 950.04 (1v) (gm) of the statutes is created to read:

AB1-ASA1-CA1,396,24 950.04 (1v) (gm) To have reasonable attempts made to notify the victim of petitions for sentence adjustment as provided under s. 973.195 (1r) (d).".

AB1-ASA1-CA1,397,1 459. Page 327, line 10: after that line insert:

AB1-ASA1-CA1,397,2 " Section 1108d. 971.17 (1m) (b) 2m. of the statutes is amended to read:

AB1-ASA1-CA1,397,11 971.17 (1m) (b) 2m. If the defendant under sub. (1) is found not guilty by reason of mental disease or defect for a violation, or for the solicitation, conspiracy, or attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2), or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.075, 948.08, 948.095, 948.11 (2) (a) or (am), 948.12, 948.13, or 948.30, or of s. 940.30 or 940.31 if the victim was a minor and the defendant was not the victim's parent, the court shall require the defendant to comply with the reporting requirements under s. 301.45 unless the court determines, after a hearing on a motion made by the defendant, that the defendant is not required to comply under s. 301.45 (1m).".

AB1-ASA1-CA1,397,12 460. Page 332, line 7: after that line insert:

AB1-ASA1-CA1,397,13 " Section 1131m. 973.01 (3m) of the statutes is amended to read:

AB1-ASA1-CA1,397,20 973.01 (3m) Challenge incarceration program eligibility. When imposing a bifurcated sentence under this section on a person convicted of a crime other than a crime specified in ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.055, 948.06, 948.07, 948.075, 948.08, or 948.095, the court shall, as part of the exercise of its sentencing discretion, decide whether the person being sentenced is eligible or ineligible for the challenge incarceration program under s. 302.045 during the term of confinement in prison portion of the bifurcated sentence.".

AB1-ASA1-CA1,397,22 461. Page 332, line 13: substitute "302.113 (9g), or 973.195 (1r)" for "or 302.113 (9g)".

AB1-ASA1-CA1,397,23 462. Page 332, line 17: delete lines 17 to 23 and substitute:

AB1-ASA1-CA1,397,24 " Section 1134f. 973.0135 (1) (b) 2. of the statutes is amended to read:

AB1-ASA1-CA1,398,5 973.0135 (1) (b) 2. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09 (1), 940.16, 940.19 (5), 940.195 (5), 940.21, 940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m), or (1r), 943.32 (2), 946.43 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.075, 948.08, 948.30 (2), 948.35 (1) (b) or (c), or 948.36.

AB1-ASA1-CA1, s. 1134g Section 1134g. 973.0135 (1) (b) 2. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

AB1-ASA1-CA1,398,13 973.0135 (1) (b) 2. Any felony under s. 940.09 (1), 1999 stats., s. 943.23 (1m) or (1r), 1999 stats., s. 948.35 (1) (b) or (c), 1999 stats., or s. 948.36, 1999 stats., s. 940.01, 940.02, 940.03, 940.05, 940.09 (1) (1c), 940.16, 940.19 (5), 940.195 (5), 940.21, 940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m), or (1r), 943.32 (2), 946.43 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.075, 948.08, or 948.30 (2), 948.35 (1) (b) or (c), or 948.36.".

AB1-ASA1-CA1,398,14 463. Page 338, line 20: delete "only".

AB1-ASA1-CA1,398,16 464. Page 338, line 21: after "decision" insert "or there is not substantial evidence in the record to support the sentencing decision".

AB1-ASA1-CA1,398,17 465. Page 339, line 13: after that line insert:

AB1-ASA1-CA1,398,18 " Section 1138k. 973.034 of the statutes is amended to read:

AB1-ASA1-CA1,398,24 973.034 Sentencing; restriction on child sex offender working with children. Whenever a court imposes a sentence or places a defendant on probation regarding a conviction under s. 940.22 (2) or 940.225 (2) (c) or (cm), if the victim is under 18 years of age at the time of the offense, or a conviction under s. 948.02 (1), 948.025 (1), 948.05 (1) or (1m), 948.06 or, 948.07 (1), (2), (3), or (4), or 948.075, the court shall inform the defendant of the requirements and penalties under s. 948.13.