Amendment ASA1-AB3

AB3-ASA1,147,22 948.31 (1) (b) Except as provided under chs. 48 and 938, whoever intentionally causes a child to leave, takes a child away or withholds a child for more than 12 hours beyond the court-approved period of physical placement or visitation period from a legal custodian with intent to deprive the custodian of his or her custody rights without the consent of the custodian is guilty of a Class C F felony. This paragraph is not applicable if the court has entered an order authorizing the person to so take or withhold the child. The fact that joint legal custody has been awarded to both parents by a court does not preclude a court from finding that one parent has committed a violation of this paragraph.

AB3-ASA1, s. 633 Section 633. 948.31 (2) of the statutes is amended to read:

AB3-ASA1,148,5 948.31 (2) Whoever causes a child to leave, takes a child away or withholds a child for more than 12 hours from the child's parents or, in the case of a nonmarital child whose parents do not subsequently intermarry under s. 767.60, from the child's mother or, if he has been granted legal custody, the child's father, without the consent of the parents, the mother or the father with legal custody, is guilty of a Class E I felony. This subsection is not applicable if legal custody has been granted by court order to the person taking or withholding the child.

AB3-ASA1, s. 634 Section 634. 948.31 (3) (intro.) of the statutes is amended to read:

AB3-ASA1,148,8 948.31 (3) (intro.) Any parent, or any person acting pursuant to directions from the parent, who does any of the following is guilty of a Class C F felony:

AB3-ASA1, s. 635 Section 635. 948.35 of the statutes is repealed.

AB3-ASA1, s. 636 Section 636. 948.36 of the statutes is repealed.

AB3-ASA1, s. 637 Section 637. 948.40 (4) (a) of the statutes is amended to read:

AB3-ASA1,148,13 948.40 (4) (a) If death is a consequence, the person is guilty of a Class C D felony; or

AB3-ASA1, s. 638 Section 638. 948.40 (4) (b) of the statutes is amended to read:

AB3-ASA1,148,17 948.40 (4) (b) If the child's act which is encouraged or contributed to is a violation of a state or federal criminal law which is punishable as a felony, the person is guilty of a Class D H felony.

AB3-ASA1, s. 639 Section 639. 948.51 (3) (b) of the statutes is amended to read:

AB3-ASA1,148,20 948.51 (3) (b) A Class E H felony if the act results in great bodily harm or death to another.

AB3-ASA1, s. 640 Section 640. 948.51 (3) (c) of the statutes is created to read:

AB3-ASA1,148,22 948.51 (3) (c) A Class G felony if the act results in the death of another.

AB3-ASA1, s. 641 Section 641. 948.60 (2) (b) of the statutes is amended to read:

AB3-ASA1,149,3 948.60 (2) (b) Except as provided in par. (c), any person who intentionally sells, loans or gives a dangerous weapon to a person under 18 years of age is guilty of a Class E I felony.

AB3-ASA1, s. 642 Section 642. 948.60 (2) (c) of the statutes is amended to read:

AB3-ASA1,149,7 948.60 (2) (c) Whoever violates par. (b) is guilty of a Class D H felony if the person under 18 years of age under par. (b) discharges the firearm and the discharge causes death to himself, herself or another.

AB3-ASA1, s. 643 Section 643. 948.605 (2) (a) of the statutes is amended to read:

AB3-ASA1,149,11 948.605 (2) (a) Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone is guilty of a Class A misdemeanor I felony.

AB3-ASA1, s. 644 Section 644. 948.605 (3) (a) of the statutes is amended to read:

AB3-ASA1,149,15 948.605 (3) (a) Any individual who knowingly, or with reckless disregard for the safety of another, discharges or attempts to discharge a firearm at a place the individual knows is a school zone is guilty of a Class D G felony.

AB3-ASA1, s. 645 Section 645. 948.605 (4) of the statutes is repealed.

AB3-ASA1, s. 646 Section 646. 948.61 (2) (b) of the statutes is amended to read:

AB3-ASA1,149,20 948.61 (2) (b) A Class E I felony, if the violation is the person's 2nd or subsequent violation of this section within a 5-year period, as measured from the dates the violations occurred.

AB3-ASA1, s. 647 Section 647. 948.62 (1) (a) of the statutes is amended to read:

AB3-ASA1,149,23 948.62 (1) (a) A Class E felony A misdemeanor, if the value of the property does not exceed $500.

AB3-ASA1, s. 648 Section 648. 948.62 (1) (b) of the statutes is amended to read:

AB3-ASA1,150,2 948.62 (1) (b) A Class D I felony, if the value of the property exceeds $500 but does not exceed $2,500 $2,000.

AB3-ASA1, s. 649 Section 649. 948.62 (1) (bm) of the statutes is created to read:

AB3-ASA1,150,5 948.62 (1) (bm) A Class H felony, if the value of the property exceeds $2,000 but does not exceed $5,000.

AB3-ASA1, s. 650 Section 650. 948.62 (1) (c) of the statutes is amended to read:

AB3-ASA1,150,8 948.62 (1) (c) A Class C G felony, if the value of the property exceeds $2,500 $5,000.

AB3-ASA1, s. 651 Section 651. 949.03 (1) (b) of the statutes is amended to read:

AB3-ASA1,150,15 949.03 (1) (b) The commission or the attempt to commit any crime specified in s. 346.62 (4), 346.63 (2) or (6), 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.09, 940.10, 940.19, 940.20, 940.201, 940.21, 940.22 (2), 940.225, 940.23, 940.24, 940.25, 940.285, 940.29, 940.30, 940.305, 940.31, 940.32, 941.327, 943.02, 943.03, 943.04, 943.10, 943.20, 943.23 (1g), (1m) or (1r), 943.32, 948.02, 948.025, 948.03, 948.04, 948.07, 948.095, 948.20, 948.30 or 948.51.

AB3-ASA1, s. 652 Section 652. 950.04 (1v) (g) of the statutes is amended to read:

AB3-ASA1,150,19 950.04 (1v) (g) To have reasonable attempts made to notify the victim of hearings or court proceedings, as provided under ss. 302.113 (9g) (g) 2., 302.114 (6), 938.27 (4m) and (6), 938.273 (2), 971.095 (3) and 972.14 (3) (b).

AB3-ASA1, s. 653 Section 653. 950.04 (1v) (nt) of the statutes is created to read:

AB3-ASA1,150,23 950.04 (1v) (nt) To attend a hearing on a petition for modification of a bifurcated sentence and provide a statement concerning modification of the bifurcated sentence, as provided under s. 302.113 (9g) (d).

AB3-ASA1, s. 654 Section 654. 951.18 (1) of the statutes is amended to read:

AB3-ASA1,151,11 951.18 (1) Any person violating s. 951.02, 951.025, 951.03, 951.04, 951.05, 951.06, 951.07, 951.09, 951.10, 951.11, 951.13, 951.14 or 951.15 is subject to a Class C forfeiture. Any person who violates any of these provisions within 3 years after a humane officer issues an abatement order under s. 173.11 prohibiting the violation of that provision is subject to a Class A forfeiture. Any person who intentionally or negligently violates any of those sections is guilty of a Class A misdemeanor. Any person who intentionally violates s. 951.02, resulting in the mutilation, disfigurement or death of an animal, is guilty of a Class E I felony. Any person who intentionally violates s. 951.02 or 951.06, knowing that the animal that is the victim is used by a law enforcement agency to perform agency functions or duties and causing injury to the animal, is guilty of a Class E I felony.

AB3-ASA1, s. 655 Section 655. 951.18 (2) of the statutes is amended to read:

AB3-ASA1,151,16 951.18 (2) Any person who violates s. 951.08 (2m) or (3) is guilty of a Class A misdemeanor. Any person who violates s. 951.08 (1) or (2) is guilty of a Class E I felony for the first violation and is guilty of a Class D H felony for the 2nd or subsequent violation.

AB3-ASA1, s. 656 Section 656. 951.18 (2m) of the statutes is amended to read:

AB3-ASA1,152,3 951.18 (2m) Any person who violates s. 951.095 is subject to a Class B forfeiture. Any person who intentionally or negligently violates s. 951.095, knowing that the animal that is the victim is used by a law enforcement agency or fire department to perform agency or department functions or duties, is guilty of a Class A misdemeanor. Any person who intentionally violates s. 951.095, knowing that the animal that is the victim is used by a law enforcement agency or fire department to perform agency or department functions or duties and causing injury to the animal, is guilty of a Class E I felony. Any person who intentionally violates s. 951.095, knowing that the animal that is the victim is used by a law enforcement agency or fire department to perform agency or department functions or duties and causing death to the animal, is guilty of a Class D H felony.

AB3-ASA1, s. 657 Section 657. 961.41 (1) (intro.) of the statutes is amended to read:

AB3-ASA1,152,8 961.41 (1) Manufacture, distribution or delivery. (intro.) Except as authorized by this chapter, it is unlawful for any person to manufacture, distribute or deliver a controlled substance or controlled substance analog. Any person who violates this subsection with respect to is subject to the following penalties:

AB3-ASA1, s. 658 Section 658. 961.41 (1) (a) of the statutes is amended to read:

AB3-ASA1,152,15 961.41 (1) (a) Schedule I and II narcotic drugs generally. Except as provided in par. (d), if a person violates this subsection with respect to a controlled substance included in schedule I or II which is a narcotic drug, or a controlled substance analog of a controlled substance included in schedule I or II which is a narcotic drug, may be fined not more than $25,000 or imprisoned for not more than 22 years and 6 months or both the person is guilty of a Class E felony.

AB3-ASA1, s. 659 Section 659. 961.41 (1) (b) of the statutes is amended to read:

AB3-ASA1,152,22 961.41 (1) (b) Schedule I, II, and III nonnarcotic drugs generally. Except as provided in pars. (cm) and (e) to (h), if a person violates this subsection with respect to any other controlled substance included in schedule I, II, or III, or a controlled substance analog of any other controlled substance included in schedule I or II, may be fined not more than $15,000 or imprisoned for not more than 7 years and 6 months or both the person is guilty of a Class H felony.

AB3-ASA1, s. 660 Section 660. 961.41 (1) (cm) (intro.) of the statutes is amended to read:

AB3-ASA1,153,2 961.41 (1) (cm) Cocaine and cocaine base. (intro.) Cocaine If the person violates this subsection with respect to cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, is subject to the following penalties if and the amount manufactured, distributed, or delivered is:

AB3-ASA1, s. 661 Section 661. 961.41 (1) (cm) 1. of the statutes is renumbered 961.41 (1) (cm) 1r. and amended to read:

AB3-ASA1,153,7 961.41 (1) (cm) 1r. Five grams or less More than one gram but not more than 5 grams, the person shall be fined not more than $500,000 and may be imprisoned for not more than 15 years is guilty of a Class F felony.

AB3-ASA1, s. 662 Section 662. 961.41 (1) (cm) 1g. of the statutes is created to read:

AB3-ASA1,153,9 961.41 (1) (cm) 1g. One gram or less, the person is guilty of a Class G felony.

AB3-ASA1, s. 663 Section 663. 961.41 (1) (cm) 2. of the statutes is amended to read:

AB3-ASA1,153,13 961.41 (1) (cm) 2. More than 5 grams but not more than 15 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than one year nor more than 22 years and 6 months is guilty of a Class E felony.

AB3-ASA1, s. 664 Section 664. 961.41 (1) (cm) 3. of the statutes is amended to read:

AB3-ASA1,153,17 961.41 (1) (cm) 3. More than 15 grams but not more than 40 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 3 years nor more than 30 years is guilty of a Class D felony.

AB3-ASA1, s. 665 Section 665. 961.41 (1) (cm) 4. of the statutes is amended to read:

AB3-ASA1,153,21 961.41 (1) (cm) 4. More than 40 grams but not more than 100 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 5 years nor more than 45 years is guilty of a Class C felony.

AB3-ASA1, s. 666 Section 666. 961.41 (1) (cm) 5. of the statutes is repealed.

AB3-ASA1, s. 667 Section 667. 961.41 (1) (d) (intro.) of the statutes is amended to read:

AB3-ASA1,154,3 961.41 (1) (d) Heroin. (intro.) Heroin If the person violates this subsection with respect to heroin or a controlled substance analog of heroin is subject to the following penalties if and the amount manufactured, distributed or delivered is:

AB3-ASA1, s. 668 Section 668. 961.41 (1) (d) 1. of the statutes is amended to read:

AB3-ASA1,154,7 961.41 (1) (d) 1. Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 22 years and 6 months is guilty of a Class F felony.

AB3-ASA1, s. 669 Section 669. 961.41 (1) (d) 2. of the statutes is amended to read:

AB3-ASA1,154,12 961.41 (1) (d) 2. More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 22 years and 6 months is guilty of a Class E felony.

AB3-ASA1, s. 670 Section 670. 961.41 (1) (d) 3. of the statutes is amended to read:

AB3-ASA1,154,17 961.41 (1) (d) 3. More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 22 years and 6 months is guilty of a Class D felony.

AB3-ASA1, s. 671 Section 671. 961.41 (1) (d) 4. of the statutes is amended to read:

AB3-ASA1,154,22 961.41 (1) (d) 4. More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 22 years and 6 months is guilty of a Class C felony.

AB3-ASA1, s. 672 Section 672. 961.41 (1) (d) 5. of the statutes is repealed.

AB3-ASA1, s. 673 Section 673. 961.41 (1) (d) 6. of the statutes is repealed.

AB3-ASA1, s. 674 Section 674. 961.41 (1) (e) (intro.) of the statutes is amended to read:

AB3-ASA1,155,6 961.41 (1) (e) Phencyclidine, amphetamine, methamphetamine, and methcathinone. (intro.) Phencyclidine If the person violates this subsection with respect to phencyclidine, amphetamine, methamphetamine, or methcathinone, or a controlled substance analog of phencyclidine, amphetamine, methamphetamine, or methcathinone, is subject to the following penalties if and the amount manufactured, distributed, or delivered is:

AB3-ASA1, s. 675 Section 675. 961.41 (1) (e) 1. of the statutes is amended to read:

AB3-ASA1,155,10 961.41 (1) (e) 1. Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 7 years and 6 months is guilty of a Class F felony.

AB3-ASA1, s. 676 Section 676. 961.41 (1) (e) 2. of the statutes is amended to read:

AB3-ASA1,155,15 961.41 (1) (e) 2. More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 7 years and 6 months is guilty of a Class E felony.

AB3-ASA1, s. 677 Section 677. 961.41 (1) (e) 3. of the statutes is amended to read:

AB3-ASA1,155,20 961.41 (1) (e) 3. More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 22 years and 6 months is guilty of a Class D felony.

AB3-ASA1, s. 678 Section 678. 961.41 (1) (e) 4. of the statutes is amended to read:

AB3-ASA1,155,25 961.41 (1) (e) 4. More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 22 years and 6 months is guilty of a Class C felony.

AB3-ASA1, s. 679 Section 679. 961.41 (1) (e) 5. of the statutes is repealed.

AB3-ASA1, s. 680 Section 680. 961.41 (1) (e) 6. of the statutes is repealed.