Amendment ASA1-SB55

SB55-ASA1,1250,24 (a) The person knows that he or she has exhibited or played the recording.

SB55-ASA1,1251,2 (b) Before the person exhibited or played the recording, he or she knew the character and content of the sexually explicit conduct.

SB55-ASA1,1251,5 (c) Before the person exhibited or played the recording, he or she knew or reasonably should have known that the child engaged in sexually explicit conduct had not attained the age of 18 years.

SB55-ASA1, s. 3984m Section 3984m. 950.04 (1v) (v) of the statutes is amended to read:

SB55-ASA1,1251,14 950.04 (1v) (v) To have the department of corrections make a reasonable attempt to notify the victim under s. 301.046 (4) regarding community residential confinements, under s. 301.048 (4m) regarding participation in the intensive sanctions program, under s. 301.38 regarding escapes from a Type 1 prison, under s. 301.46 (3) regarding persons registered under s. 301.45, under s. 302.115 302.105 regarding release upon expiration of certain sentences, under s. 304.063 regarding extended supervision and parole releases, and under s. 938.51 regarding release or escape of a juvenile from correctional custody.

SB55-ASA1, s. 2126 Section 2126. 961.14 (7) (p) of the statutes is created to read:

SB55-ASA1,1251,16 961.14 (7) (p) 4-methylthioamphetamine, commonly known as "4-MTA."

SB55-ASA1, s. 2127 Section 2127. 961.41 (1) (b) of the statutes is amended to read:

SB55-ASA1,1251,21 961.41 (1) (b) Except as provided in pars. (cm) and (e) to (h) (hm), 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.

SB55-ASA1, s. 2128 Section 2128. 961.41 (1) (hm) of the statutes is created to read:

SB55-ASA1,1252,5 961.41 (1) (hm) Gamma-hydroxybutyric acid, gamma-butyrolactone, 3,4-methylenedioxymethamphetamine, 4-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine, ketamine, or a controlled substance analog of gamma-hydroxybutyric acid, gamma-butyrolactone, 3,4-methylenedioxymethamphetamine, 4-bromo-2,5-dimethoxy-beta-phenylethylamine, or 4-methylthioamphetamine is subject to the following penalties if the amount manufactured, distributed, or delivered is:

SB55-ASA1,1252,7 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.

SB55-ASA1,1252,10 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.

SB55-ASA1,1252,13 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.

SB55-ASA1,1252,16 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.

SB55-ASA1,1252,19 5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 22 years and 6 months.

SB55-ASA1,1252,22 6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 10 years nor more than 45 years.

SB55-ASA1, s. 2129 Section 2129. 961.41 (1) (im) of the statutes is renumbered 961.41 (1) (im) (intro.) and amended to read:

SB55-ASA1,1253,3 961.41 (1) (im) (intro.) Flunitrazepam, may be fined not more than $15,000 or imprisoned for not more than 7 years and 6 months or both. is subject to the following penalties if the amount manufactured, distributed, or delivered is:

SB55-ASA1, s. 2130 Section 2130. 961.41 (1) (im) 1. to 6. of the statutes are created to read:

SB55-ASA1,1253,7 961.41 (1) (im) 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.

SB55-ASA1,1253,10 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.

SB55-ASA1,1253,13 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.

SB55-ASA1,1253,16 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.

SB55-ASA1,1253,19 5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 22 years and 6 months.

SB55-ASA1,1253,22 6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 10 years nor more than 45 years.

SB55-ASA1, s. 2131 Section 2131. 961.41 (1m) (b) of the statutes is amended to read:

SB55-ASA1,1254,2 961.41 (1m) (b) Except as provided in pars. (cm) and (e) to (h) (hm), 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.

SB55-ASA1, s. 2132 Section 2132. 961.41 (1m) (hm) of the statutes is created to read:

SB55-ASA1,1254,11 961.41 (1m) (hm) Gamma-hydroxybutyric acid, gamma-butyrolactone, 3,4-methylenedioxymethamphetamine 4-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine, ketamine, or a controlled substance analog of gamma-hydroxybutyric acid, gamma-butyrolactone, 3,4-methylenedioxymethamphetamine 4-bromo-2,5-dimethoxy-beta-phenylethylamine, or 4-methylthioamphetamine is subject to the following penalties if the amount possessed, with intent to manufacture, distribute, or deliver is :

SB55-ASA1,1254,13 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.

SB55-ASA1,1254,16 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.

SB55-ASA1,1254,19 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.

SB55-ASA1,1254,22 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.

SB55-ASA1,1254,25 5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 22 years and 6 months.

SB55-ASA1,1255,3 6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 10 years nor more than 45 years.

SB55-ASA1, s. 2133 Section 2133. 961.41 (1m) (im) of the statutes is renumbered 961.41 (1m) (im) (intro.) and amended to read:

SB55-ASA1,1255,9 961.41 (1m) (im) (intro.) Flunitrazepam, may be fined not more than $15,000 or imprisoned for not more than 7 years and 6 months or both. is subject to the following penalties if the amount possessed, with intent to manufacture, distribute, or deliver, is:

SB55-ASA1, s. 2134 Section 2134. 961.41 (1m) (im) 1. to 6. of the statutes are created to read:

SB55-ASA1,1255,13 961.41 (1m) (im) 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.

SB55-ASA1,1255,16 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.

SB55-ASA1,1255,19 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.

SB55-ASA1,1255,22 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.

SB55-ASA1,1255,25 5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 22 years and 6 months.

SB55-ASA1,1256,3 6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 10 years nor more than 45 years.

SB55-ASA1, s. 2135 Section 2135. 961.41 (2) (b) of the statutes is amended to read:

SB55-ASA1,1256,7 961.41 (2) (b) Any other Except as provided in pars. (a) and (bm), any counterfeit substance included in schedule I, II or III, may be fined not more than $15,000 or imprisoned for not more than 7 years and 6 months or both.

SB55-ASA1, s. 2136 Section 2136. 961.41 (2) (bm) of the statutes is created to read:

SB55-ASA1,1256,15 961.41 (2) (bm) A counterfeit substance that is a counterfeit of phencyclidine, methamphetamine, lysergic acid diethylamide, gamma-hydroxybutyric acid, gamma-butyrolactone, 3,4-methylenedioxymethamphetamine 4-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine, or ketamine is punishable by the applicable fine and imprisonment for manufacture, distribution, delivery, or possession with intent to manufacture, distribute, or deliver, of the genuine controlled substance under sub. (1) or (1m).

SB55-ASA1, s. 2137 Section 2137. 961.41 (2) (cm) of the statutes is amended to read:

SB55-ASA1,1256,21 961.41 (2) (cm) A counterfeit substance which is flunitrazepam, may be fined not more than $15,000 or imprisoned for not more than 7 years and 6 months or both is punishable by the applicable fine and imprisonment for manufacture, distribution, delivery, or possession with intent to manufacture, distribute, or deliver, of the genuine controlled substance under sub. (1) or (1m).

SB55-ASA1, s. 2138 Section 2138. 967.04 (9) of the statutes is amended to read:

SB55-ASA1,1257,4 967.04 (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.

SB55-ASA1, s. 2139 Section 2139. 971.14 (2) (d) of the statutes is amended to read:

SB55-ASA1,1257,13 971.14 (2) (d) If the court orders that the examination be conducted on an inpatient basis, it shall arrange for the transportation of the sheriff of the county in which the court is located shall transport any defendant not free on bail to the examining facility within a reasonable time after the examination is ordered and for shall transport the defendant to be returned to the jail within a reasonable time after receiving the sheriff and county department of community programs of the county in which the court is located receive notice from the examining facility that the examination has been completed.

SB55-ASA1, s. 2140 Section 2140. 971.17 (1) of the statutes is renumbered 971.17 (1) (a) and amended to read:

SB55-ASA1,1258,2 971.17 (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.

SB55-ASA1,1258,6 (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).

SB55-ASA1, s. 2141 Section 2141. 971.17 (1) (b) of the statutes is created to read:

SB55-ASA1,1258,17 971.17 (1) (b) Crimes committed on or after the effective date of this paragraph .... [revisor inserts date], for which a bifurcated sentence may be imposed. When a defendant is found not guilty by reason of mental disease or mental defect of a crime committed on or after the effective date of this paragraph .... [revisor inserts date], and the crime is one for which a court may impose a bifurcated sentence under s. 973.01, 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 crime, including imprisonment authorized by any applicable penalty enhancement statutes, subject to the credit provisions of s. 973.155.

SB55-ASA1, s. 2142 Section 2142. 971.17 (1) (d) of the statutes is created to read:

SB55-ASA1,1259,2 971.17 (1) (d) Misdemeanors for which a bifurcated sentence may not be imposed. When a defendant is found not guilty by reason of mental disease or mental defect of one of the following misdemeanors, 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:

SB55-ASA1,1259,4 1. A misdemeanor committed before the effective date of this subdivision .... [revisor inserts date].

SB55-ASA1,1259,7 2. A misdemeanor committed on or after the effective date of this subdivision .... [revisor inserts date], for which a court may not impose a bifurcated sentence under s. 973.01.

SB55-ASA1, s. 2143 Section 2143. 971.23 (10) of the statutes is amended to read:

SB55-ASA1,1259,15 971.23 (10) Payment of photocopy costs in cases involving indigent defendants. When the state public defender or a private attorney appointed under s. 977.08 requests photocopies of any item that is discoverable under this section, the state public defender shall pay any fee charged for the photocopies from the appropriation under s. 20.550 (1) (a) (f). If the person providing photocopies under this section charges the state public defender a fee for the photocopies, the fee may not exceed the actual, necessary and direct cost of photocopying.

SB55-ASA1, s. 2144 Section 2144. 972.15 (2c) of the statutes is amended to read:

SB55-ASA1,1259,21 972.15 (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.

SB55-ASA1, s. 2145 Section 2145. 973.01 (1) of the statutes is amended to read:

SB55-ASA1,1260,3 973.01 (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.

SB55-ASA1, s. 2146 Section 2146. 973.01 (2) (intro.) of the statutes is amended to read:

SB55-ASA1,1260,7 973.01 (2) Structure of bifurcated sentences. (intro.) The court shall ensure that An order imposing a bifurcated sentence imposed under sub. (1) complies shall comply with all of the following:

SB55-ASA1, s. 2147 Section 2147. 973.01 (2) (a) of the statutes is amended to read:

SB55-ASA1,1260,11 973.01 (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 felony crime.

SB55-ASA1, s. 2148 Section 2148. 973.01 (2) (b) (intro.) of the statutes is amended to read:

SB55-ASA1,1260,17 973.01 (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 crime, and, except as provided in par. (c), may not exceed is subject to whichever of the following limits is applicable:

SB55-ASA1, s. 2149 Section 2149. 973.01 (2) (b) 6. of the statutes is renumbered 973.01 (2) (b) 6. (intro.) and amended to read:

SB55-ASA1,1260,22 973.01 (2) (b) 6. (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.:

SB55-ASA1, s. 2150 Section 2150. 973.01 (2) (b) 6. a. and b. of the statutes are created to read:

SB55-ASA1,1260,24 973.01 (2) (b) 6. a. A felony specified in subds. 1. to 5.

SB55-ASA1,1261,2 b. An attempt to commit a classified felony if the attempt is punishable under s. 939.32 (1) (intro.).

SB55-ASA1, s. 2151 Section 2151. 973.01 (2) (d) of the statutes is amended to read:

SB55-ASA1,1261,6 973.01 (2) (d) Minimum term of extended supervision. 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).

SB55-ASA1, s. 2152 Section 2152. 973.01 (6) of the statutes is amended to read:

SB55-ASA1,1261,9 973.01 (6) No parole. A person serving a bifurcated sentence imposed under sub. (1) is not eligible for release on parole under that sentence.

SB55-ASA1, s. 2153 Section 2153. 973.013 (3m) of the statutes is amended to read:

SB55-ASA1,1262,2 973.013 (3m) If a person who has not attained the age of 16 15 years is sentenced to the Wisconsin state prisons, the department of corrections shall place the person at a secured juvenile correctional facility or a secured child caring institution, unless the department of corrections determines that placement in an institution under s. 302.01 is appropriate based on the person's prior record of adjustment in a correctional setting, if any; the person's present and potential vocational and educational needs, interests, and abilities; the adequacy and suitability of available facilities; the services and procedures available for treatment of the person within the various institutions; the protection of the public; and any other considerations promulgated by the department of corrections by rule. This subsection does not preclude the department of corrections from designating an adult correctional institution as a reception center for the person and subsequently transferring the person to a secured juvenile correctional facility or a secured child caring institution. Section 302.11 and ch. 304 apply to all persons placed in a secured juvenile correctional facility or a secured child caring institution under this subsection.

SB55-ASA1, s. 2154 Section 2154. 973.05 (1) of the statutes is amended to read:

SB55-ASA1,1263,7 973.05 (1) When a defendant is sentenced to pay a fine, the court may grant permission for the payment of the fine, of the penalty assessment imposed by s. 757.05, the jail assessment imposed by s. 302.46 (1), the crime victim and witness assistance surcharge under s. 973.045, the crime laboratories and drug law enforcement assessment imposed by s. 165.755, any applicable deoxyribonucleic acid analysis surcharge under s. 973.046, any applicable drug abuse program improvement surcharge imposed by s. 961.41 (5), any applicable consumer information protection assessment imposed by s. 100.261, any applicable domestic abuse assessment imposed by s. 971.37 (1m) (c) 1. or 973.055, any applicable driver improvement surcharge imposed by s. 346.655, any applicable truck driver education assessment imposed by s. 349.04, any applicable enforcement assessment imposed by s. 253.06 (4) (c), any applicable weapons assessment imposed by s. 167.31, any applicable uninsured employer assessment imposed by s. 102.85 (4), any applicable environmental assessment imposed by s. 299.93, any applicable wild animal protection assessment imposed by s. 29.983, any applicable natural resources assessment imposed by s. 29.987, and any applicable natural resources restitution payment imposed by s. 29.989 to be made within a period not to exceed 60 days. If no such permission is embodied in the sentence, the fine, the penalty assessment, the jail assessment, the crime victim and witness assistance surcharge, the crime laboratories and drug law enforcement assessment, any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse program improvement surcharge, any applicable consumer information protection assessment, any applicable domestic abuse assessment, any applicable driver improvement surcharge, any applicable truck driver education assessment, any applicable enforcement assessment, any applicable weapons assessment, any applicable uninsured employer assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, and any applicable natural resources restitution payment shall be payable immediately.