Amendment ASA1-AB3

AB3-ASA1,176,12 967.04 (9) In any criminal prosecution or juvenile fact-finding hearing under s. 48.31 or 938.31, the court may admit into evidence a videotaped deposition taken under subs. (7) and (8) without an additional hearing under s. 908.08. In any proceeding under s. 302.113 (9) (am), 302.114 (9) (am), 304.06 (3), or 973.10 (2), the hearing examiner may order and preside at the taking of a videotaped deposition using the procedure provided in subs. (7) and (8) and may admit the videotaped deposition into evidence without an additional hearing under s. 908.08.

AB3-ASA1, s. 787 Section 787. 968.255 (1) (a) 2. of the statutes is amended to read:

AB3-ASA1,176,15 968.255 (1) (a) 2. Arrested for any misdemeanor under s. 167.30, 940.19, 941.20 (1), 941.23, 941.237, 941.24, 948.60, 948.605 (2) (a) or 948.61.

AB3-ASA1, s. 788 Section 788. 968.31 (1) (intro.) of the statutes is amended to read:

AB3-ASA1,176,20 968.31 (1) (intro.) Except as otherwise specifically provided in ss. 196.63 or 968.28 to 968.30, whoever commits any of the acts enumerated in 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:

AB3-ASA1, s. 789 Section 789. 968.34 (3) of the statutes is amended to read:

AB3-ASA1,176,23 968.34 (3) Whoever knowingly violates sub. (1) shall may be fined not more than $10,000 or imprisoned for not more than 2 years 9 months or both.

AB3-ASA1, s. 790 Section 790. 968.43 (3) of the statutes is amended to read:

AB3-ASA1,177,3 968.43 (3) Any person who violates an oath or affirmation required by sub. (2) may be imprisoned for not more than 7 years and 6 months is guilty of a Class H felony.

AB3-ASA1, s. 791 Section 791. 969.08 (10) (a) of the statutes is amended to read:

AB3-ASA1,177,7 969.08 (10) (a) "Commission of a serious crime" includes a solicitation, conspiracy or attempt, under s. 948.35, 1999 stats., or s. 939.30, 939.31, or 939.32 or 948.35, to commit a serious crime.

AB3-ASA1, s. 792 Section 792. 969.08 (10) (b) of the statutes is amended to read:

AB3-ASA1,177,16 969.08 (10) (b) "Serious crime" means any crime specified in s. 943.23 (1m), 1999 stats., or s. 943.23 (1r), 1999 stats., or s. 346.62 (4), 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5), 940.195 (5), 940.20, 940.201, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.24, 940.25, 940.29, 940.295 (3) (b) 1g., 1m., 1r., 2. or 3., 940.31, 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.03, 943.04, 943.06, 943.10, 943.23 (1g), (1m) or (1r), 943.30, 943.32, 946.01, 946.02, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07 or 948.30.

AB3-ASA1, s. 793 Section 793. 971.17 (1) of the statutes is renumbered 971.17 (1) (a) and amended to read:

AB3-ASA1,178,4 971.17 (1) (a) Felonies committed before the effective date of this paragraph .... [revisor inserts date]. When Except as provided in par. (c), when a defendant is found not guilty by reason of mental disease or mental defect of a felony committed before the effective date of this paragraph .... [revisor inserts date], the court shall commit the person to the department of health and family services for a specified period not exceeding two-thirds of the maximum term of imprisonment that could be imposed under s. 973.15 (2) (a) against an offender convicted of the same crime or crimes felony, including imprisonment authorized by ss. 346.65 (2) (f), (2j) (d) or (3m), 939.62, 939.621, 939.63, 939.635, 939.64, 939.641, 939.645, 940.09 (1b), 940.25 (1b) and 961.48 and other any applicable penalty enhancement statutes, as applicable, subject to the credit provisions of s. 973.155.

AB3-ASA1,178,8 (c) Felonies punishable by life imprisonment. If the maximum term of imprisonment is a defendant is found not guilty by reason of mental disease or mental defect of a felony that is punishable by life imprisonment, the commitment period specified by the court may be life, subject to termination under sub. (5).

AB3-ASA1, s. 794 Section 794. 971.17 (1) (b) of the statutes is created to read:

AB3-ASA1,178,18 971.17 (1) (b) Felonies committed on or after the effective date of this paragraph .... [revisor inserts date]. Except as provided in par. (c), when a defendant is found not guilty by reason of mental disease or mental defect of a felony committed on or after the effective date of this paragraph .... [revisor inserts date], the court shall commit the person to the department of health and family services for a specified period not exceeding the maximum term of confinement in prison that could be imposed on an offender convicted of the same felony, plus imprisonment authorized by any applicable penalty enhancement statutes, subject to the credit provisions of s. 973.155.

AB3-ASA1, s. 795 Section 795. 971.17 (1) (d) of the statutes is created to read:

AB3-ASA1,179,2 971.17 (1) (d) Misdemeanors. When a defendant is found not guilty by reason of mental disease or mental defect of a misdemeanor, the court shall commit the person to the department of health and family services for a specified period not exceeding two-thirds of the maximum term of imprisonment that could be imposed against an offender convicted of the same misdemeanor, including imprisonment authorized by any applicable penalty enhancement statutes, subject to the credit provisions of s. 973.155.

AB3-ASA1, s. 796 Section 796. 971.365 (1) (a) of the statutes is amended to read:

AB3-ASA1,179,7 971.365 (1) (a) In any case under s. 961.41 (1) (em), 1999 stats., or s. 961.41 (1) (cm), (d), (e), (em), (f), (g) or (h) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

AB3-ASA1, s. 797 Section 797. 971.365 (1) (b) of the statutes is amended to read:

AB3-ASA1,179,12 971.365 (1) (b) In any case under s. 961.41 (1m) (em), 1999 stats., or s. 961.41 (1m) (cm), (d), (e), (em), (f), (g) or (h) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

AB3-ASA1, s. 798 Section 798. 971.365 (1) (c) of the statutes is amended to read:

AB3-ASA1,179,17 971.365 (1) (c) In any case under s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats., or s. 961.41 (3g) (a) 2. (am), (c), (d), (dm) or (e) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

AB3-ASA1, s. 799 Section 799. 971.365 (2) of the statutes is amended to read:

AB3-ASA1,179,24 971.365 (2) An acquittal or conviction under sub. (1) does not bar a subsequent prosecution for any acts in violation of s. 961.41 (1) (em), 1999 stats., s. 961 .41 (1m) (em), 1999 stats., s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats., or s. 961.41 (1) (cm), (d), (e), (em), (f), (g) , or (h), (1m) (cm), (d), (e), (em), (f), (g) , or (h) or (3g) (a) 2. (am), (c), (d), (dm) or (e) on which no evidence was received at the trial on the original charge.

AB3-ASA1, s. 800 Section 800. 972.15 (2c) of the statutes is amended to read:

AB3-ASA1,180,5 972.15 (2c) If the defendant is subject to being sentenced under s. 973.01 and he or she satisfies the criteria under s. 302.045 (2) (b) and (c), the person preparing the presentence investigation report shall include in the report a recommendation as to whether the defendant should be eligible for the challenge incarceration program under s. 302.045.

AB3-ASA1, s. 801 Section 801. 973.01 (1) of the statutes is amended to read:

AB3-ASA1,180,12 973.01 (1) Bifurcated sentence required. Except as provided in sub. (3), whenever a court sentences a person to imprisonment in the Wisconsin state prisons for a felony committed on or after December 31, 1999, or a misdemeanor committed on or after the effective date of this subsection .... [revisor inserts date], the court shall impose a bifurcated sentence that consists of a term of confinement in prison followed by a term of extended supervision under s. 302.113 this section.

AB3-ASA1, s. 802 Section 802. 973.01 (2) (intro.) of the statutes is amended to read:

AB3-ASA1,180,20 973.01 (2) Structure of bifurcated sentences. (intro.) The court shall ensure that a A bifurcated sentence is a sentence that consists of a term of confinement in prison followed by a term of extended supervision under s. 302.113. The total length of a bifurcated sentence equals the length of the term of confinement in prison plus the length of the term of extended supervision. An order imposing a bifurcated sentence imposed under sub. (1) complies this section shall comply with all of the following:

AB3-ASA1, s. 803 Section 803. 973.01 (2) (a) of the statutes is amended to read:

AB3-ASA1,181,2 973.01 (2) (a) Total length of bifurcated sentence. Except as provided in par. (c), the total length of the bifurcated sentence may not exceed the maximum period of imprisonment for the specified in s. 939.50 (3), if the crime is a classified felony, or the maximum term of imprisonment provided by statute for the crime, if the crime is not a classified felony, plus additional imprisonment authorized by any applicable penalty enhancement statutes.

AB3-ASA1, s. 804 Section 804. 973.01 (2) (b) (intro.) of the statutes is amended to read:

AB3-ASA1,181,8 973.01 (2) (b) Imprisonment Confinement portion of bifurcated sentence. (intro.) The portion of the bifurcated sentence that imposes a term of confinement in prison may not be less than one year, subject to any minimum sentence prescribed for the felony, and, except as provided in par. (c), may not exceed is subject to whichever of the following limits is applicable:

AB3-ASA1, s. 805 Section 805. 973.01 (2) (b) 2. of the statutes is repealed.

AB3-ASA1, s. 806 Section 806. 973.01 (2) (b) 3. of the statutes is amended to read:

AB3-ASA1,181,12 973.01 (2) (b) 3. For a Class C felony, the term of confinement in prison may not exceed 10 25 years.

AB3-ASA1, s. 807 Section 807. 973.01 (2) (b) 4. of the statutes is amended to read:

AB3-ASA1,181,15 973.01 (2) (b) 4. For a Class D felony, the term of confinement in prison may not exceed 5 15 years.

AB3-ASA1, s. 808 Section 808. 973.01 (2) (b) 5. of the statutes is amended to read:

AB3-ASA1,181,18 973.01 (2) (b) 5. For a Class E felony, the term of confinement in prison may not exceed 2 10 years.

AB3-ASA1, s. 809 Section 809. 973.01 (2) (b) 6. of the statutes is renumbered 973.01 (2) (b) 10. (intro.) and amended to read:

AB3-ASA1,181,23 973.01 (2) (b) 10. (intro.) For any felony crime other than a felony specified in subds. 1. to 5. one of the following, the term of confinement in prison may not exceed 75% of the total length of the bifurcated sentence.:

AB3-ASA1, s. 810 Section 810. 973.01 (2) (b) 6m. of the statutes is created to read:

AB3-ASA1,182,2 973.01 (2) (b) 6m. For a Class F felony, the term of confinement in prison may not exceed 7 years and 6 months.

AB3-ASA1, s. 811 Section 811. 973.01 (2) (b) 7. of the statutes is created to read:

AB3-ASA1,182,5 973.01 (2) (b) 7. For a Class G felony, the term of confinement in prison may not exceed 5 years.

AB3-ASA1, s. 812 Section 812. 973.01 (2) (b) 8. of the statutes is created to read:

AB3-ASA1,182,8 973.01 (2) (b) 8. For a Class H felony, the term of confinement in prison may not exceed 3 years.

AB3-ASA1, s. 813 Section 813. 973.01 (2) (b) 9. of the statutes is created to read:

AB3-ASA1,182,11 973.01 (2) (b) 9. For a Class I felony, the term of confinement in prison may not exceed one year and 6 months.

AB3-ASA1, s. 814 Section 814. 973.01 (2) (b) 10. a. and b. of the statutes are created to read:

AB3-ASA1,182,13 973.01 (2) (b) 10. a. A felony specified in subds. 1. to 9.

AB3-ASA1,182,15 b. An attempt to commit a classified felony if the attempt is punishable under s. 939.32 (1) (intro.).

AB3-ASA1, s. 815 Section 815. 973.01 (2) (c) of the statutes is renumbered 973.01 (2) (c) 1. and amended to read:

AB3-ASA1,182,23 973.01 (2) (c) 1. The Subject to the minimum period of extended supervision required under par. (d), the maximum term of confinement in prison specified in par. (b) may be increased by any applicable penalty enhancement statute. If the maximum term of confinement in prison specified in par. (b) is increased under this paragraph, the total length of the bifurcated sentence that may be imposed is increased by the same amount.

AB3-ASA1, s. 816 Section 816. 973.01 (2) (c) 2. of the statutes is created to read:

AB3-ASA1,183,3 973.01 (2) (c) 2. If more than one of the following penalty enhancement statutes apply to a crime, the court shall apply them in the order listed in calculating the maximum term of imprisonment for that crime:

AB3-ASA1,183,4 a. Sections 939.621, 939.632, 939.645, 961.46, and 961.49.

AB3-ASA1,183,5 b. Section 939.63.

AB3-ASA1,183,6 c. Section 939.62 (1) or 961.48.

AB3-ASA1, s. 817 Section 817. 973.01 (2) (d) of the statutes is renumbered 973.01 (2) (d) (intro.) and amended to read:

AB3-ASA1,183,13 973.01 (2) (d) Minimum and maximum term of extended supervision. (intro.) The term of extended supervision that follows the term of confinement in prison may not be less than 25% of the length of the term of confinement in prison imposed under par. (b). and, for a classified felony, is subject to whichever of the following limits is applicable:

AB3-ASA1, s. 818 Section 818. 973.01 (2) (d) 1. to 6. of the statutes are created to read:

AB3-ASA1,183,16 973.01 (2) (d) 1. For a Class B felony, the term of extended supervision may not exceed 20 years.

AB3-ASA1,183,18 2. For a Class C felony, the term of extended supervision may not exceed 15 years.

AB3-ASA1,183,20 3. For a Class D felony, the term of extended supervision may not exceed 10 years.

AB3-ASA1,183,22 4. For a Class E, F, or G felony, the term of extended supervision may not exceed 5 years.

AB3-ASA1,183,24 5. For a Class H felony, the term of extended supervision may not exceed 3 years.

AB3-ASA1,183,25 6. For a Class I felony, the term of extended supervision may not exceed 2 years.

AB3-ASA1, s. 819 Section 819. 973.01 (4) of the statutes is amended to read:

AB3-ASA1,184,6 973.01 (4) No good time; extension or reduction of term of imprisonment. A person sentenced to a bifurcated sentence under sub. (1) shall serve the term of confinement in prison portion of the sentence without reduction for good behavior. The term of confinement in prison portion is subject to extension under s. 302.113 (3) and, if applicable, to reduction under s. 302.045 (3m), or 302.113 (9g).

AB3-ASA1, s. 820 Section 820. 973.01 (5) of the statutes is amended to read:

AB3-ASA1,184,10 973.01 (5) Other extended supervision conditions. Whenever the court imposes a bifurcated sentence under sub. (1), the court may impose conditions upon the term of extended supervision, including drug treatment under s. 973.031.

AB3-ASA1, s. 821 Section 821. 973.01 (6) of the statutes is amended to read:

AB3-ASA1,184,13 973.01 (6) No parole. A person serving a bifurcated sentence imposed under sub. (1) is not eligible for release on parole under that sentence.

AB3-ASA1, s. 822 Section 822. 973.01 (7m) of the statutes is created to read:

AB3-ASA1,184,21 973.01 (7m) Modification of bifurcated sentence. A court may at any time modify a bifurcated sentence that the court previously imposed by reducing the term of confinement in prison portion of the sentence and lengthening the term of extended supervision imposed so that the total length of the bifurcated sentence originally imposed does not change. A proceeding to modify a bifurcated sentence under this subsection shall be conducted using the procedure established and the factors specified by the director of state courts under s. 758.19 (8).

AB3-ASA1, s. 823 Section 823. 973.0135 (1) (b) 2. of the statutes is amended to read:

AB3-ASA1,185,3 973.0135 (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, 948.08, or 948.30 (2), 948.35 (1) (b) or (c) or 948.36.

AB3-ASA1, s. 824 Section 824. 973.017 of the statutes is created to read:

AB3-ASA1,185,10 973.017 Bifurcated sentences; use of guidelines; consideration of aggravating and mitigating factors. (1) Definition. In this section, "sentencing decision" means a decision as to whether to impose a bifurcated sentence under s. 973.01 or to place a person on probation and a decision as to the length of a bifurcated sentence, including the length of each component of the bifurcated sentence, the amount of a fine, and the length of a term of probation.

AB3-ASA1,185,14 (2) General requirement. When a court makes a sentencing decision concerning a person convicted of a criminal offense committed on or after the effective date of this subsection .... [revisor inserts date], the court shall consider all of the following:

AB3-ASA1,185,19 (a) If the offense is a felony, the sentencing guidelines adopted by the sentencing commission under s. 973.30 or, if the sentencing commission has not adopted a guideline for the offense, any applicable temporary sentencing guideline adopted by the criminal penalties study committee created under 1997 Wisconsin Act 283.

AB3-ASA1,185,21 (b) Any applicable mitigating factors and any applicable aggravating factors, including the aggravating factors specified in subs. (3) to (8).