AB1-SSA1,328,2015 973.01 (1) Bifurcated sentence required. Except as provided in sub. (3),
16whenever a court sentences a person to imprisonment in the Wisconsin state prisons
17for a felony committed on or after December 31, 1999, or a misdemeanor committed
18on or after the effective date of this subsection .... [revisor inserts date],
the court
19shall impose a bifurcated sentence that consists of a term of confinement in prison
20followed by a term of extended supervision
under s. 302.113 this section.
AB1-SSA1, s. 1115 21Section 1115. 973.01 (2) (intro.) of the statutes is amended to read:
AB1-SSA1,329,322 973.01 (2) Structure of bifurcated sentences. (intro.) The court shall ensure
23that a
A bifurcated sentence is a sentence that consists of a term of confinement in
24prison followed by a term of extended supervision under s. 302.113. The total length
25of a bifurcated sentence equals the length of the term of confinement in prison plus

1the length of the term of extended supervision. An order imposing a
bifurcated
2sentence imposed under sub. (1) complies this section shall comply with all of the
3following:
AB1-SSA1, s. 1116 4Section 1116. 973.01 (2) (a) of the statutes is amended to read:
AB1-SSA1,329,105 973.01 (2) (a) Total length of bifurcated sentence. Except as provided in par. (c),
6the total length of the bifurcated sentence may not exceed the maximum period of
7imprisonment for the specified in s. 939.50 (3), if the crime is a classified felony, or
8the maximum term of imprisonment provided by statute for the crime, if the crime
9is not a classified felony, plus additional imprisonment authorized by any applicable
10penalty enhancement statutes
.
AB1-SSA1, s. 1117 11Section 1117. 973.01 (2) (b) (intro.) of the statutes is amended to read:
AB1-SSA1,329,1612 973.01 (2) (b) Imprisonment Confinement portion of bifurcated sentence.
13(intro.) The portion of the bifurcated sentence that imposes a term of confinement
14in prison may not be less than one year, subject to any minimum sentence prescribed
15for the felony,
and, except as provided in par. (c), may not exceed is subject to
16whichever of the following limits is applicable:
AB1-SSA1, s. 1118 17Section 1118. 973.01 (2) (b) 2. of the statutes is repealed.
AB1-SSA1, s. 1119 18Section 1119. 973.01 (2) (b) 3. of the statutes is amended to read:
AB1-SSA1,329,2019 973.01 (2) (b) 3. For a Class C felony, the term of confinement in prison may
20not exceed 10 25 years.
AB1-SSA1, s. 1120 21Section 1120. 973.01 (2) (b) 4. of the statutes is amended to read:
AB1-SSA1,329,2322 973.01 (2) (b) 4. For a Class D felony, the term of confinement in prison may
23not exceed 5 15 years.
AB1-SSA1, s. 1121 24Section 1121. 973.01 (2) (b) 5. of the statutes is amended to read:
AB1-SSA1,330,2
1973.01 (2) (b) 5. For a Class E felony, the term of confinement in prison may
2not exceed 2 10 years.
AB1-SSA1, s. 1122 3Section 1122. 973.01 (2) (b) 6. of the statutes is renumbered 973.01 (2) (b) 10.
4(intro.) and amended to read:
AB1-SSA1,330,75 973.01 (2) (b) 10. (intro.) For any felony crime other than a felony specified in
6subds. 1. to 5.
one of the following, the term of confinement in prison may not exceed
775% of the total length of the bifurcated sentence.:
AB1-SSA1, s. 1123 8Section 1123. 973.01 (2) (b) 6m. of the statutes is created to read:
AB1-SSA1,330,109 973.01 (2) (b) 6m. For a Class F felony, the term of confinement in prison may
10not exceed 7 years and 6 months.
AB1-SSA1, s. 1124 11Section 1124. 973.01 (2) (b) 7. of the statutes is created to read:
AB1-SSA1,330,1312 973.01 (2) (b) 7. For a Class G felony, the term of confinement in prison may
13not exceed 5 years.
AB1-SSA1, s. 1125 14Section 1125. 973.01 (2) (b) 8. of the statutes is created to read:
AB1-SSA1,330,1615 973.01 (2) (b) 8. For a Class H felony, the term of confinement in prison may
16not exceed 3 years.
AB1-SSA1, s. 1126 17Section 1126. 973.01 (2) (b) 9. of the statutes is created to read:
AB1-SSA1,330,1918 973.01 (2) (b) 9. For a Class I felony, the term of confinement in prison may not
19exceed one year and 6 months.
AB1-SSA1, s. 1127 20Section 1127. 973.01 (2) (b) 10. a. and b. of the statutes are created to read:
AB1-SSA1,330,2121 973.01 (2) (b) 10. a. A felony specified in subds. 1. to 9.
AB1-SSA1,330,2322 b. An attempt to commit a classified felony if the attempt is punishable under
23s. 939.32 (1) (intro.).
AB1-SSA1, s. 1128 24Section 1128. 973.01 (2) (c) of the statutes is renumbered 973.01 (2) (c) 1. and
25amended to read:
AB1-SSA1,331,6
1973.01 (2) (c) 1. The Subject to the minimum period of extended supervision
2required under par. (d), the
maximum term of confinement in prison specified in par.
3(b) may be increased by any applicable penalty enhancement statute. If the
4maximum term of confinement in prison specified in par. (b) is increased under this
5paragraph, the total length of the bifurcated sentence that may be imposed is
6increased by the same amount.
AB1-SSA1, s. 1129 7Section 1129. 973.01 (2) (c) 2. of the statutes is created to read:
AB1-SSA1,331,108 973.01 (2) (c) 2. If more than one of the following penalty enhancement statutes
9apply to a crime, the court shall apply them in the order listed in calculating the
10maximum term of imprisonment for that crime:
AB1-SSA1,331,1111 a. Sections 939.621, 939.632, 939.645, 961.46, and 961.49.
AB1-SSA1,331,1212 b. Section 939.63.
AB1-SSA1,331,1313 c. Section 939.62 (1) or 961.48.
AB1-SSA1, s. 1130 14Section 1130. 973.01 (2) (d) of the statutes is renumbered 973.01 (2) (d) (intro.)
15and amended to read:
AB1-SSA1,331,2016 973.01 (2) (d) Minimum and maximum term of extended supervision. (intro.)
17The term of extended supervision that follows the term of confinement in prison may
18not be less than 25% of the length of the term of confinement in prison imposed under
19par. (b). and, for a classified felony, is subject to whichever of the following limits is
20applicable:
AB1-SSA1, s. 1131 21Section 1131. 973.01 (2) (d) 1. to 6. of the statutes are created to read:
AB1-SSA1,331,2322 973.01 (2) (d) 1. For a Class B felony, the term of extended supervision may not
23exceed 20 years.
AB1-SSA1,331,2524 2. For a Class C felony, the term of extended supervision may not exceed 15
25years.
AB1-SSA1,332,2
13. For a Class D felony, the term of extended supervision may not exceed 10
2years.
AB1-SSA1,332,43 4. For a Class E, F, or G felony, the term of extended supervision may not exceed
45 years.
AB1-SSA1,332,65 5. For a Class H felony, the term of extended supervision may not exceed 3
6years.
AB1-SSA1,332,77 6. For a Class I felony, the term of extended supervision may not exceed 2 years.
AB1-SSA1, s. 1132 8Section 1132. 973.01 (4) of the statutes is amended to read:
AB1-SSA1,332,139 973.01 (4) No good time; extension or reduction of term of imprisonment. A
10person sentenced to a bifurcated sentence under sub. (1) shall serve the term of
11confinement in prison portion of the sentence without reduction for good behavior.
12The term of confinement in prison portion is subject to extension under s. 302.113 (3)
13and, if applicable, to reduction under s. 302.045 (3m), or 302.113 (9g).
AB1-SSA1, s. 1133 14Section 1133. 973.01 (6) of the statutes is amended to read:
AB1-SSA1,332,1615 973.01 (6) No parole. A person serving a bifurcated sentence imposed under
16sub. (1) is not eligible for release on parole under that sentence.
AB1-SSA1, s. 1134 17Section 1134. 973.0135 (1) (b) 2. of the statutes is amended to read:
AB1-SSA1,332,2318 973.0135 (1) (b) 2. Any felony under s. 940.09 (1), 1999 stats., s. 943.23 (1m)
19or (1r), 1999 stats., s. 948.35 (1) (b) or (c), 1999 stats., or s. 948.36, 1999 stats.,
s.
20940.01, 940.02, 940.03, 940.05, 940.09 (1) (1c), 940.16, 940.19 (5), 940.195 (5), 940.21,
21940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g),
22(1m) or (1r), 943.32 (2), 946.43 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c),
23948.05, 948.06, 948.07, 948.08, or 948.30 (2), 948.35 (1) (b) or (c) or 948.36.
AB1-SSA1, s. 1135 24Section 1135. 973.017 of the statutes is created to read:
AB1-SSA1,333,6
1973.017 Bifurcated sentences; use of guidelines; consideration of
2aggravating and mitigating factors.
(1) Definition. In this section, "sentencing
3decision" means a decision as to whether to impose a bifurcated sentence under s.
4973.01 or place a person on probation and a decision as to the length of a bifurcated
5sentence, including the length of each component of the bifurcated sentence, the
6amount of a fine, and the length of a term of probation.
AB1-SSA1,333,10 7(2) General requirement. When a court makes a sentencing decision
8concerning a person convicted of a criminal offense committed on or after the
9effective date of this subsection .... [revisor inserts date], the court shall consider all
10of the following:
AB1-SSA1,333,1511 (a) If the offense is a felony, the sentencing guidelines adopted by the
12sentencing commission under s. 973.30 or, if the sentencing commission has not
13adopted a guideline for the offense, any applicable temporary sentencing guideline
14adopted by the criminal penalties study committee created under 1997 Wisconsin
15Act 283
.
AB1-SSA1,333,1616 (ad) The protection of the public.
AB1-SSA1,333,1717 (ag) The gravity of the offense.
AB1-SSA1,333,1818 (ak) The rehabilitative needs of the defendant.
AB1-SSA1,333,2019 (b) Any applicable mitigating factors and any applicable aggravating factors,
20including the aggravating factors specified in subs. (3) to (8).
AB1-SSA1,333,22 21(3) Aggravating factors; generally. When making a sentencing decision for
22any crime, the court shall consider all of the following as aggravating factors:
AB1-SSA1,333,2523 (a) The fact that the person committed the crime while his or her usual
24appearance was concealed, disguised, or altered, with the intent to make it less likely
25that he or she would be identified with the crime.
AB1-SSA1,334,2
1(b) The fact that the person committed the crime using information that was
2disclosed to him or her under s. 301.46.
AB1-SSA1,334,63 (c) The fact that the person committed the crime for the benefit of, at the
4direction of, or in association with any criminal gang, as defined in s. 939.22 (9), with
5the specific intent to promote, further, or assist in any criminal conduct by criminal
6gang members, as defined in s. 939.22 (9g).
AB1-SSA1,334,97 (d) The fact that the person committed the felony while wearing a vest or other
8garment designed, redesigned, or adapted to prevent bullets from penetrating the
9garment.
AB1-SSA1,334,1310 (e) 1. Subject to subd. 2., the fact that the person committed the felony with the
11intent to influence the policy of a governmental unit or to punish a governmental unit
12for a prior policy decision, if any of the following circumstances also applies to the
13felony committed by the person:
AB1-SSA1,334,1414 a. The person caused bodily harm, great bodily harm, or death to another.
AB1-SSA1,334,1815 b. The person caused damage to the property of another and the total property
16damaged is reduced in value by $25,000 or more. For the purposes of this subd. 1.
17b., property is reduced in value by the amount that it would cost either to repair or
18to replace it, whichever is less.
AB1-SSA1,334,1919 c. The person used force or violence or the threat of force or violence.
AB1-SSA1,334,2420 2. a. In this subdivision, "labor dispute" includes any controversy concerning
21terms, tenure, or conditions of employment or concerning the association or
22representation of persons in negotiating, fixing, maintaining, changing, or seeking
23to arrange terms or conditions of employment, regardless of whether the disputants
24stand in the proximate relation of employer and employee.
AB1-SSA1,335,2
1b. Subdivision 1. does not apply to conduct arising out of or in connection with
2a labor dispute.
AB1-SSA1,335,4 3(4) Aggravating factors; serious sex crimes committed while infected with
4certain diseases.
(a) In this subsection:
AB1-SSA1,335,65 1. "HIV" means any strain of human immunodeficiency virus, which causes
6acquired immunodeficiency syndrome.
AB1-SSA1,335,87 2. "Serious sex crime" means a violation of s. 940.225 (1) or (2), 948.02 (1) or (2),
8or 948.025.
AB1-SSA1,335,109 3. "Sexually transmitted disease" means syphilis, gonorrhea, hepatitis B,
10hepatitis C, or chlamydia.
AB1-SSA1,335,1311 4. "Significantly exposed" means sustaining a contact which carries a potential
12for transmission of a sexually transmitted disease or HIV by one or more of the
13following:
AB1-SSA1,335,1614 a. Transmission, into a body orifice or onto mucous membrane, of blood; semen;
15vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial, or
16amniotic fluid; or other body fluid that is visibly contaminated with blood.
AB1-SSA1,335,2017 b. Exchange, during the accidental or intentional infliction of a penetrating
18wound, including a needle puncture, of blood; semen; vaginal secretions;
19cerebrospinal, synovial, pleural, peritoneal, pericardial, or amniotic fluid; or other
20body fluid that is visibly contaminated with blood.
AB1-SSA1,335,2421 c. Exchange, into an eye, an open wound, an oozing lesion, or other place where
22a significant breakdown in the epidermal barrier has occurred, of blood; semen;
23vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial, or
24amniotic fluid; or other body fluid that is visibly contaminated with blood.
AB1-SSA1,336,3
1(b) When making a sentencing decision concerning a person convicted of a
2serious sex crime, the court shall consider as an aggravating factor the fact that the
3serious sex crime was committed under all of the following circumstances:
AB1-SSA1,336,74 1. At the time that he or she committed the serious sex crime, the person
5convicted of committing the serious sex crime had a sexually transmitted disease or
6acquired immunodeficiency syndrome or had had a positive test for the presence of
7HIV, antigen, or nonantigenic products of HIV or an antibody to HIV.
AB1-SSA1,336,128 2. At the time that he or she committed the serious sex crime, the person
9convicted of committing the serious sex crime knew that he or she had a sexually
10transmitted disease or acquired immunodeficiency syndrome or that he or she had
11had a positive test for the presence of HIV, antigen, or nonantigenic products of HIV
12or an antibody to HIV.
AB1-SSA1,336,1513 3. The victim of the serious sex crime was significantly exposed to HIV or to the
14sexually transmitted disease, whichever is applicable, by the acts constituting the
15serious sex crime.
AB1-SSA1,336,17 16(5) Aggravating factors; violent felony committed against elder person. (a)
17In this subsection:
AB1-SSA1,336,1818 1. "Elder person" means any individual who is 62 years of age or older.
AB1-SSA1,336,2019 2. "Violent felony" means any felony under s. 940.19 (2), (4), (5), or (6), 940.225
20(1), (2), or (3), 940.23, or 943.32.
AB1-SSA1,336,2421 (b) When making a sentencing decision concerning a person convicted of a
22violent felony, the court shall consider as an aggravating factor the fact that the
23victim of the violent felony was an elder person. This paragraph applies even if the
24person mistakenly believed that the victim had not attained the age of 62 years.
AB1-SSA1,337,7
1(6) Aggravating factors; child sexual assault or child abuse by certain
2persons.
(a) In this subsection, "person responsible for the welfare the child"
3includes the child's parent, stepparent, guardian, foster parent, or treatment foster
4parent; an employee of a public or private residential home, institution, or agency;
5any other person legally responsible for the child's welfare in a residential setting;
6or a person employed by one who is legally responsible for the child's welfare to
7exercise temporary control or care for the child.
AB1-SSA1,337,118 (b) When making a sentencing decision concerning a person convicted of a
9violation of s. 948.02 (1) or (2), 948.025 (1), or 948.03 (2) or (3), the court shall consider
10as an aggravating factor the fact that the person was a person responsible for the
11welfare of the child who was the victim of the violation.
AB1-SSA1,337,16 12(7) Aggravating factors; homicide or injury by intoxicated use of a vehicle.
13When making a sentencing decision concerning a person convicted of a violation of
14s. 940.09 (1) or 940.25 (1), the court shall consider as an aggravating factor the fact
15that, at the time of the violation, there was a minor passenger under 16 years of age
16or an unborn child in the person's motor vehicle.
AB1-SSA1,337,19 17(8) Aggravating factors; controlled substances offenses. (a) Distribution
18or delivery to prisoners.
1. In this paragraph, "precinct" means a place where any
19activity is conducted by a prison, jail, or house of correction.
AB1-SSA1,337,2420 2. When making a sentencing decision concerning a person convicted of
21violating s. 961.41 (1) or (1m), the court shall consider as an aggravating factor the
22fact that the violation involved delivering, distributing, or possessing with intent to
23deliver or distribute a controlled substance or controlled substance analog to a
24prisoner within the precincts of any prison, jail, or house of correction.
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