SB55-ASA1-AA1,1365,2422
(b) Whoever intentionally introduces a contagious or infectious disease into
23wild deer without the consent of the department of natural resources is guilty of a
24Class C felony.".
SB55-ASA1-AA1,1366,103
943.75
(3) Subsections (2) and (2m) do not apply to any humane officer, local
4health officer, peace officer, employee of the department of
natural resources fish,
5wildlife, parks, and forestry while on any land licensed under s. 29.865, 29.867,
629.869 or 29.871 or designated as a wildlife refuge under s. 29.621 (1) or employee
7of the department of agriculture, trade and consumer protection if the officer's or
8employee's acts are in good faith and in an apparently authorized and reasonable
9fulfillment of his or her duties. This subsection does not limit any other person from
10claiming the defense of privilege under s. 939.45 (3).".
SB55-ASA1-AA1,1366,1513
946.42
(3) (h) Detained under s. 980.04 or committed to the department of
14health and family services under s. 980.06 and placed in institutional care under s.
15980.065.".
SB55-ASA1-AA1,1366,2321
948.13
(1) (a) A crime under s. 940.22 (2) or 940.225 (2) (c) or (cm), if the victim
22is under 18 years of age at the time of the offense, or a crime under s. 948.02 (1)
or
23(2), 948.025 (1), 948.05 (1) or (1m), 948.06
, or 948.07 (1), (2), (3)
, or (4).
SB55-ASA1-AA1,1367,7
1948.13
(2m) (a) (intro.) A person who has been convicted of a crime under s.
2948.02 (2) or 948.025 (1) may petition the court in which he or she was convicted to
3order that the person be exempt from sub. (2) and permitted to engage in an
4occupation or participate in a volunteer position that requires the person to work or
5interact primarily and directly with children under 16 years of age. The court may
6grant a petition filed under this paragraph if the court finds that all of the following
7apply:
SB55-ASA1-AA1,1367,129
948.13
(2m) (a) 1. At the time of the commission of the crime under s.
948.02
10(2) or 948.025 (1) the person had not attained the age of 19 years and was not more
11than 4 years older or not more than 4 years younger than the child with whom the
12person had sexual contact or sexual intercourse.".
SB55-ASA1-AA1,1367,1615
971.06
(1) (am) Guilty but mentally ill, if the defendant is charged with a crime
16under s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.09, or 940.10.".
SB55-ASA1-AA1,1368,1919
968.20
(3) (a) First class cities shall dispose of dangerous weapons or
20ammunition seized 12 months after taking possession of them if the owner,
21authorized under sub. (1m), has not requested their return and if the dangerous
22weapon or ammunition is not required for evidence or use in further investigation
23and has not been disposed of pursuant to a court order at the completion of a criminal
24action or proceeding. Disposition procedures shall be established by ordinance or
1resolution and may include provisions authorizing an attempt to return to the
2rightful owner any dangerous weapons or ammunition which appear to be stolen or
3are reported stolen. If enacted, any such provision shall include a presumption that
4if the dangerous weapons or ammunition appear to be or are reported stolen an
5attempt will be made to return the dangerous weapons or ammunition to the
6authorized rightful owner. If the return of a seized dangerous weapon other than a
7firearm is not requested by its rightful owner under sub. (1) and is not returned by
8the officer under sub. (2), the city shall safely dispose of the dangerous weapon or,
9if the dangerous weapon is a motor vehicle, as defined in s. 340.01 (35), sell the motor
10vehicle following the procedure under s. 973.075 (4) or authorize a law enforcement
11agency to retain and use the motor vehicle. If the return of a seized firearm or
12ammunition is not requested by its authorized rightful owner under sub. (1) and is
13not returned by the officer under sub. (2), the seized firearm or ammunition shall be
14shipped to and become property of the state crime laboratories. A person designated
15by the department of justice may destroy any material for which the laboratory has
16no use or arrange for the exchange of material with other public agencies. In lieu of
17destruction, shoulder weapons for which the laboratories have no use shall be turned
18over to the department of
natural resources fish, wildlife, parks, and forestry for sale
19and distribution of proceeds under s. 29.934.
SB55-ASA1-AA1,1369,1921
968.20
(3) (b) Except as provided in par. (a) or sub. (1m) or (4), a city, village,
22town or county or other custodian of a seized dangerous weapon or ammunition, if
23the dangerous weapon or ammunition is not required for evidence or use in further
24investigation and has not been disposed of pursuant to a court order at the
25completion of a criminal action or proceeding, shall make reasonable efforts to notify
1all persons who have or may have an authorized rightful interest in the dangerous
2weapon or ammunition of the application requirements under sub. (1). If, within 30
3days after the notice, an application under sub. (1) is not made and the seized
4dangerous weapon or ammunition is not returned by the officer under sub. (2), the
5city, village, town or county or other custodian may retain the dangerous weapon or
6ammunition and authorize its use by a law enforcement agency, except that a
7dangerous weapon used in the commission of a homicide or a handgun, as defined
8in s. 175.35 (1) (b), may not be retained. If a dangerous weapon other than a firearm
9is not so retained, the city, village, town or county or other custodian shall safely
10dispose of the dangerous weapon or, if the dangerous weapon is a motor vehicle, as
11defined in s. 340.01 (35), sell the motor vehicle following the procedure under s.
12973.075 (4). If a firearm or ammunition is not so retained, the city, village, town or
13county or other custodian shall ship it to the state crime laboratories and it is then
14the property of the laboratories. A person designated by the department of justice
15may destroy any material for which the laboratories have no use or arrange for the
16exchange of material with other public agencies. In lieu of destruction, shoulder
17weapons for which the laboratory has no use shall be turned over to the department
18of
natural resources fish, wildlife, parks, and forestry for sale and distribution of
19proceeds under s. 29.934.".
SB55-ASA1-AA1,1370,3
1971.15
(1g) (b) In this section and ss. 971.16 to 971.165, "mental illness" means
2a substantial disorder of thought, mood or behavior that afflicted a person at the time
3that he or she engaged in criminal conduct and that impaired the person's judgment.
SB55-ASA1-AA1,1370,126
971.15
(2m) A person charged with a crime under s. 940.01, 940.02, 940.03,
7940.05, 940.06, 940.07, 940.08, 940.09 or 940.10 may be found guilty but mentally
8ill if, at the time the person engaged in criminal conduct, he or she was suffering from
9a mental illness but did not lack substantial capacity either to appreciate the
10wrongfulness of his or her conduct or to conform his or her conduct to the
11requirements of law as a result of mental disease or defect. A person who is found
12guilty but mentally ill is not relieved of criminal responsibility.
SB55-ASA1-AA1,1371,514
971.16
(3) (intro.) Not less than 10 days before trial, or at any other time that
15the court directs, any physician or psychologist appointed under sub. (2) shall file a
16report of his or her examination of the defendant with the judge, who shall cause
17copies to be transmitted to the district attorney and to counsel for the defendant.
The 18Except as provided in ss. 971.163 (2) (a) and (3) and 973.017 (4), the contents of the
19report shall be confidential until the physician or psychologist has testified or at the
20completion of the trial. The report shall contain an opinion regarding the ability of
21the defendant to appreciate the wrongfulness of the defendant's conduct or to
22conform the defendant's conduct with the requirements of law at the time of the
23commission of the criminal offense charged and, if sufficient information is available
24to the physician or psychologist to reach an opinion, his or her opinion on whether
25the defendant needs medication or treatment and whether the defendant is not
1competent to refuse medication or treatment. The defendant is not competent to
2refuse medication or treatment if, because of mental illness, developmental
3disability, alcoholism or drug dependence, and after the advantages and
4disadvantages of and alternatives to accepting the particular medication or
5treatment have been explained to the defendant, one of the following is true:
SB55-ASA1-AA1,1371,13
7971.163 Entry of plea of guilty but mentally ill. (1) If a defendant charged
8with a crime under s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.09,
9or 940.10 has entered a plea of not guilty by reason of mental disease or defect and
10has been examined under s. 971.16, the defendant may waive his or her right to a
11trial under s. 971.165 and, with the approval of the district attorney, withdraw the
12plea of not guilty by reason of mental disease or defect and, instead of a plea of guilty
13or no contest, enter a plea of guilty but mentally ill.
SB55-ASA1-AA1,1371,15
14(2) The court may accept a plea of guilty but mentally ill under sub. (1) only
15if all of the following apply:
SB55-ASA1-AA1,1371,1716
(a) The court, with the defendant's consent, has reviewed the reports of all the
17examinations conducted under s. 971.16.
SB55-ASA1-AA1,1371,1918
(b) The court holds a hearing on the issue of the defendant's mental illness and
19allows the parties to present evidence at the hearing.
SB55-ASA1-AA1,1371,2220
(c) Based on the review of reports under par. (a) and any evidence or arguments
21presented at the hearing held under par. (b), the court is satisfied that the defendant
22was mentally ill at the time that he or she committed the criminal offense charged.
SB55-ASA1-AA1,1371,2523
(d) The defendant states that he or she is willing to participate in appropriate
24mental health treatment that is recommended by a physician, psychologist or mental
25health worker who is responsible for his or her mental health care and treatment.
SB55-ASA1-AA1,1372,2
1(3) If the court reviews a report under sub. (2) (a), the court shall make the
2report a part of the record of the case.
SB55-ASA1-AA1,1372,84
971.165
(2g) If a defendant charged with a crime under s. 940.01, 940.02,
5940.03, 940.05, 940.06, 940.07, 940.08, 940.09, or 940.10 has entered a plea of not
6guilty by reason of mental disease or defect and the defendant's plea is tried to a jury,
7the court shall, in addition to providing to the jury the information required under
8sub. (2), inform the jury of all of the following:
SB55-ASA1-AA1,1372,109
(a) That the jury may find the defendant guilty but mentally ill if all of the
10following apply:
SB55-ASA1-AA1,1372,1411
1. The jury finds beyond a reasonable doubt that the defendant did not lack
12substantial capacity either to appreciate the wrongfulness of his or her conduct or
13to conform his or her conduct to the requirements of law as a result of mental disease
14or defect.
SB55-ASA1-AA1,1372,1715
2. The jury finds to a reasonable certainty by the greater weight of the credible
16evidence that the defendant was mentally ill at the time that he or she committed
17the offense.
SB55-ASA1-AA1,1372,2018
(b) That, if the jury finds the defendant guilty but mentally ill, the defendant
19will receive a criminal sentence or probation and may be required to receive
20treatment for his or her mental illness.
SB55-ASA1-AA1,1372,2522
971.165
(3) (am) If a defendant charged with a crime under s. 940.01, 940.02,
23940.03, 940.05, 940.06, 940.07, 940.08, 940.09, or 940.10 is found guilty but mentally
24ill, the court shall enter a judgment of conviction and shall either impose or withhold
25sentence under s. 973.017.".
SB55-ASA1-AA1,1373,105
971.19
(10) In an action under s. 30.547 for intentionally falsifying an
6application for a certificate of number, a registration or a certificate of title, the
7defendant may be tried in the defendant's county of residence at the time that the
8complaint is filed, in the county where the defendant purchased the boat if purchased
9from a dealer or the county where the department of
natural resources fish, wildlife,
10parks, and forestry received the application.".
SB55-ASA1-AA1,1373,19
13973.017 Sentence of person found guilty but mentally ill. (1) If a
14defendant is found guilty but mentally ill under s. 971.163 or 971.165, the court, by
15order, may impose sentence under this chapter, withhold sentence, or impose
16sentence under s. 973.15 and stay its execution. Except as provided in s. 973.09 (1)
17(c) or if probation is prohibited for a particular offense by statute, the court may place
18the person on probation under s. 973.09 if the court withholds sentence or imposes
19sentence and stays its execution for an offense.
SB55-ASA1-AA1,1373,22
20(2) If the court places a defendant who is found guilty but mentally ill on
21probation or sentences a defendant who is found guilty but mentally ill to the
22Wisconsin state prisons, the court shall do all of the following:
SB55-ASA1-AA1,1373,2423
(a) Order the department, or a person designated by the department, to
24evaluate the defendant to determine the defendant's treatment needs.
SB55-ASA1-AA1,1374,2
1(b) Order the department to provide or arrange for the provision of necessary
2and appropriate treatment for the defendant's mental illness.
SB55-ASA1-AA1,1374,8
3(3) If a defendant who is found guilty but mentally ill is serving a sentence of
4imprisonment or is confined as a condition of probation, he or she may be transferred
5or committed for treatment to the department of health and family services under
6s. 51.20 (1) (a), (ar) or (av) or 51.37 (5). Any time spent by the defendant in a state
7treatment facility due to a transfer or commitment under s. 51.20 (1) (a), (ar) or (av)
8or 51.37 (5) shall be included as part of the individual's sentence.
SB55-ASA1-AA1,1374,12
9(4) If a defendant who is found guilty but mentally ill is sentenced to the
10Wisconsin state prisons, the clerk of court shall attach all of the following to the
11judgment of conviction that is delivered with the defendant under s. 302.06 to the
12reception center designated by the department:
SB55-ASA1-AA1,1374,1313
(a) A copy of any report of an examination conducted under s. 971.16.
SB55-ASA1-AA1,1374,1514
(b) A copy of any report other than a report specified in par. (a) that was
15admitted into evidence at a hearing under s. 971.163 (2) (b).
SB55-ASA1-AA1,1374,1716
(c) A copy of any report other than a report specified in par. (a) that was
17admitted into evidence at a trial under s. 971.165.".
SB55-ASA1-AA1,1375,2
20973.034 Sentencing; restriction on child sex offender working with
21children. Whenever a court imposes a sentence or places a defendant on probation
22regarding a conviction under s. 940.22 (2) or 940.225 (2) (c) or (cm), if the victim is
23under 18 years of age at the time of the offense, or a conviction under s. 948.02 (1)
1or (2), 948.025 (1), 948.05 (1) or (1m), 948.06
, or 948.07 (1), (2), (3)
, or (4), the court
2shall inform the defendant of the requirements and penalties under s. 948.13.".
SB55-ASA1-AA1,1375,95
973.08
(1) When any defendant is sentenced to the state prisons, a copy of the
6judgment of conviction
and, a copy of any order for restitution under s. 973.20
and,
7if applicable, a copy of any report specified in s. 973.017 (4) shall be delivered by the
8officer executing the judgment to the warden or superintendent of the institution
9when the prisoner is delivered.".
SB55-ASA1-AA1,1375,1513
973.09
(2) (b) 1. Except as provided in
subd. subds. 1m. and 2., for felonies, not
14less than one year nor more than either the statutory maximum term of
15imprisonment for the crime or 3 years, whichever is greater.
SB55-ASA1-AA1, s. 4025n
16Section 4025n. 973.09 (2) (b) 1. of the statutes, as affected by 2001 Wisconsin
17Act .... (this act), is amended to read:
SB55-ASA1-AA1,1375,2118
973.09
(2) (b) 1. Except as provided in
subds. subd. 1m. and
subject to subd. 2.,
19the original term of probation for felonies
, and bifurcated sentence misdemeanors
20shall be not less than one year nor more than either the
statutory maximum term
21of
imprisonment confinement in prison for the crime or 3 years, whichever is greater.
SB55-ASA1-AA1,1375,2423
973.09
(2) (b) 1m. If the probationer was found guilty but mentally ill under
24s. 971.163 or 971.165, not less than 5 years.".
SB55-ASA1-AA1,1376,43
973.09
(6) (a) If a defendant who is found guilty but mentally ill under s.
4971.163 or 971.165 is placed on probation, the court shall do all of the following:
SB55-ASA1-AA1,1376,65
1. Order the department, or a person designated by the department, to evaluate
6the defendant to determine the defendant's treatment needs.
SB55-ASA1-AA1,1376,97
2. Order that the department provide or arrange for the provision of necessary
8and appropriate treatment that is recommended as a result of the evaluation under
9subd. 1.
SB55-ASA1-AA1,1376,1210
3. Order as a condition of probation that the defendant undergo the evaluation
11required under subd. 1. and that he or she receive the necessary and appropriate
12mental health treatment that is recommended as a result of that evaluation.
SB55-ASA1-AA1,1376,1513
(b) Treatment required under par. (a) as a condition of probation may be
14provided by any state or local agency or, if approved by the department, by a private
15physician, psychologist, mental health worker or mental health agency.
SB55-ASA1-AA1,1376,1816
(c) If a defendant is required to receive treatment under par. (a), the person
17treating the defendant shall, once every 90 days, file with the court and the
18department a written report concerning the defendant's condition and treatment.
SB55-ASA1-AA1,1376,2119
(d) A defendant placed on probation after being found guilty but mentally ill
20under s. 971.163 or 971.165 may be committed for treatment to the department of
21health and family services under s. 51.20 (1) (a).".