Amendment JR2 CA1-ASA1-AB1

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.

AB1-ASA1-CA1, s. 1138n Section 1138n. 973.048 (2m) of the statutes is amended to read:

AB1-ASA1-CA1,399,10 973.048 (2m) If a court imposes a sentence or places a person on probation 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 person was not the victim's parent, the court shall require the person to comply with the reporting requirements under s. 301.45 unless the court determines, after a hearing on a motion made by the person, that the person is not required to comply under s. 301.45 (1m).".

AB1-ASA1-CA1,399,11 466. Page 342, line 6: after that line insert:

AB1-ASA1-CA1,399,12 " Section 1143m. 973.195 of the statutes is created to read:

AB1-ASA1-CA1,399,14 973.195 Sentence adjustment. (1g) In this section, "applicable percentage" means 85 percent for a Class C to E felony and 75 percent for a Class F to I felony.

AB1-ASA1-CA1,399,20 (1r) Confinement in prison. (a) An inmate who is serving a sentence imposed under s. 973.01 for a crime other than a Class B felony may petition the sentencing court to adjust the sentence if the inmate has served at least the applicable percentage of the term of confinement in prison portion of the sentence. If an inmate is subject to more than one sentence imposed under this section, the sentences shall be treated individually for purposes of sentence adjustment under this subsection.

AB1-ASA1-CA1,399,21 (b) Any of the following is a ground for a petition under par. (a):

AB1-ASA1-CA1,399,24 1. The inmate's conduct, efforts at and progress in rehabilitation, or participation and progress in education, treatment, or other correctional programs since he or she was sentenced.

AB1-ASA1-CA1,400,5 3. A change in law or procedure related to sentencing or revocation of extended supervision effective after the inmate was sentenced that would have resulted in a shorter term of confinement in prison or, if the inmate was returned to prison upon revocation of extended supervision, a shorter period of confinement in prison upon revocation, if the change had been applicable when the inmate was sentenced.

AB1-ASA1-CA1,400,7 4. The inmate is subject to a sentence of confinement in another state or the inmate is in the United States illegally and may be deported.

AB1-ASA1-CA1,400,8 5. Sentence adjustment is otherwise in the interests of justice.

AB1-ASA1-CA1,400,14 (c) Upon receipt of a petition filed under par. (a), the sentencing court may deny the petition or hold the petition for further consideration. If the court holds the petition for further consideration, the court shall notify the district attorney of the inmate's petition. If the district attorney objects to adjustment of the inmate's sentence within 45 days of receiving notification under this paragraph, the court shall deny the inmate's petition.

AB1-ASA1-CA1,400,23 (d) If the sentence for which the inmate seek's adjustment is for an offense under s. 940.225 (2) or (3), 948.02 (2), or 948.08 and the district attorney does not object to the petition within 10 days of receiving notice under par. (c), the district attorney shall notify the the victim, as defined under s. 950.02 (4), of the inmate's petition. The notice to the victim shall include information on the sentence adjustment petition process under this subsection, including information on how to object to the inmate's petition. If the victim objects to adjustment of the inmate's sentence within 45 days of the date on which the district attorney received notice under par. (c), the court shall deny the inmate's petition.

AB1-ASA1-CA1,401,2 (e) Notwithstanding the confidentiality of victim address information obtained under s. 302.113 (9g) (g) 3., a district attorney who is required to send notice to a victim under par. (d) may obtain from the clerk of the circuit court victim address information that the victim provided to the clerk under s. 302.113 (9g) (g) 3.

AB1-ASA1-CA1,401,7 (f) If the sentencing court receives no objection to sentence adjustment from the district attorney under par. (c) or the victim under par. (d) and the court determines that sentence adjustment is in the public interest, the court may adjust the inmate's sentence as provided under par. (g). The court shall include in the record written reasons for any sentence adjustment granted under this subsection.

AB1-ASA1-CA1,401,9 (g) Except as provided under par. (h), the only sentence adjustments that a court may make under this subsection are as follows:

AB1-ASA1-CA1,401,13 1. If the inmate is serving the term of confinement in prison portion of the sentence, a reduction in the term of confinement in prison by the amount of time remaining in the term of confinement in prison portion of the sentence, less up to 30 days, and a corresponding increase in the term of extended supervision.

AB1-ASA1-CA1,401,17 2. If the inmate is confined in prison upon revocation of extended supervision, a reduction in the amount of time remaining in the period of confinement in prison imposed upon revocation, less up to 30 days, and a corresponding increase in the term of extended supervision.

AB1-ASA1-CA1,401,25 (h) 1. If the court adjusts a sentence under par. (g) on the basis of a change in law or procedure as provided under par. (b) 3. and the total sentence length of the adjusted sentence is greater than the maximum sentence length that the offender could have received if the change in law or procedure had been applicable when the inmate was originally sentenced, the court may reduce the length of the term of extended supervision so that the total sentence length does not exceed the maximum sentence length that the offender could have received if the change in law or procedure had been applicable when the inmate was originally sentenced.

AB1-ASA1-CA1,402,9 2. If the court adjusts a sentence under par. (g) on the basis of a change in law or procedure as provided under par. (b) 3. and the adjusted term of extended supervision is greater than the maximum term of extended supervision that the offender could have received if the change in law or procedure had been applicable when the inmate was originally sentenced, the court may reduce the length of the term of extended supervision so that the term of extended supervision does not exceed the maximum term of extended supervision that the offender could have received if the change in law or procedure had been applicable when the inmate was originally sentenced.

AB1-ASA1-CA1,402,11 (i) An inmate may submit only one petition under this subsection for each sentence imposed under s. 973.01.".

AB1-ASA1-CA1,402,12 467. Page 345, line 19: after that line insert:

AB1-ASA1-CA1,402,13 " Section 1151r. 979.012 of the statutes is created to read:

AB1-ASA1-CA1,402,21 979.012 Reporting deaths of public health concern. (1) If a coroner or medical examiner is aware of the death of a person who, at the time of his or her death, had an illness or a health condition that satisfies s. 166.02 (7) (a), the coroner or medical examiner shall report the illness or health condition to the department of health and family services and to the local health department, as defined in s. 250.01 (4), in whose jurisdiction the coroner or medical examiner is located in writing or by electronic transmission within 24 hours of learning of the deceased's illness or health condition.

AB1-ASA1-CA1,402,23 (2) In a report under sub. (1), the coroner or medical examiner shall include all of the following information if such information is available: