Amendment SSA1-SB55

SB55-SSA1, s. 3931 Section 3931. 939.32 (1m) of the statutes is created to read:

SB55-SSA1,1232,17 939.32 (1m) Bifurcated sentences. (a) Subject to s. 973.01 (2) (d), if the court imposes a bifurcated sentence under s. 973.01 (1) for an attempt to commit a crime that is punishable under sub. (1) (intro.), the following requirements apply:

SB55-SSA1,1232,20 1. If the completed crime is a classified felony, the maximum term of confinement in prison is one-half of the maximum term of confinement in prison for the classified felony.

SB55-SSA1,1232,23 2. If the completed crime is not a classified felony, the maximum term of confinement is 75% of the maximum term of imprisonment under sub. (1) (intro.) for an attempt to commit the crime.

SB55-SSA1,1233,3 (b) Subject to s. 973.01 (2) (d), the maximum term of confinement in prison specified under par. (a) may be increased under s. 939.62 (1) or 961.48. If the maximum term of confinement in prison specified in par. (a) is increased under this paragraph, the maximum term of imprisonment under sub. (1) is increased by the same amount.

SB55-SSA1, s. 3932 Section 3932. 939.32 (2) (title) of the statutes is created to read:

SB55-SSA1,1233,5 939.32 (2) (title) Misdemeanor computer crimes.

SB55-SSA1, s. 3933 Section 3933. 939.32 (3) (title) of the statutes is created to read:

SB55-SSA1,1233,7 939.32 (3) (title) Requirements.

SB55-SSA1, s. 3934 Section 3934. 939.74 (1) of the statutes is amended to read:

SB55-SSA1,1233,13 939.74 (1) Except as provided in sub. subs. (2), and (2d) and s. 946.88 (1), prosecution for a felony must be commenced within 6 years and prosecution for a misdemeanor or for adultery within 3 years after the commission thereof. Within the meaning of this section, a prosecution has commenced when a warrant or summons is issued, an indictment is found, or an information is filed.

SB55-SSA1, s. 3935 Section 3935. 939.74 (2) (c) of the statutes is amended to read:

SB55-SSA1,1233,18 939.74 (2) (c) A prosecution for violation of s. 948.02, 948.025, 948.03 (2) (a), 948.05, 948.06, 948.07 (1), (2), (3), or (4), 948.08 , or 948.095 shall be commenced before the victim reaches the age of 31 years or be barred, except as provided in sub. (2d) (c).

SB55-SSA1, s. 3936 Section 3936. 939.74 (2d) of the statutes is created to read:

SB55-SSA1,1233,22 939.74 (2d) (a) In this subsection, "deoxyribonucleic acid profile" means any analysis of deoxyribonucleic acid that results in the identification of an individual's patterned chemical structure of genetic information.

SB55-SSA1,1234,5 (b) If the state has evidence of a deoxyribonucleic acid profile of a person who committed a violation of s. 940.225 (1) or (2), the evidence was collected before the time limitation under sub. (1) expired, and comparisons of the evidence to deoxyribonucleic acid profiles of known persons made before the time limitation expired did not result in a probable identification of the person, the state may commence prosecution of the person within 12 months after comparison of the deoxyribonucleic evidence relating to the violation results in a probable identification of the person.

SB55-SSA1,1234,13 (c) If the state has evidence of a deoxyribonucleic acid profile of a person who committed a violation of s. 948.02 (1) or (2) or 948.025, the evidence was collected before the time limitation under sub. (2) (c) expired, and comparisons of the evidence to deoxyribonucleic acid profiles of known persons made before the time limits expired did not result in a probable identification of the person, the state may commence prosecution of the person within 12 months after comparison of the deoxyribonucleic evidence relating to the violation results in a probable identification of the person.

SB55-SSA1, s. 3937j Section 3937j. 940.09 (1d) of the statutes is renumbered 940.09 (1d) (b) and amended to read:

SB55-SSA1,1234,22 940.09 (1d) (b) If the person who committed an offense under sub. (1) (a), (b), (c), or (d) has 2 or more prior convictions, suspensions, or revocations, as counting convictions under sub. (1) and s. 940.25 in the person's lifetime, plus other convictions, suspensions, or revocations counted under s. 343.307 (1), the procedure under s. 346.65 (6) may be followed regarding the immobilization or the seizure and forfeiture of a motor vehicle owned by the person who committed the offense or the equipping of a motor vehicle owned by the person with an ignition interlock device.

SB55-SSA1, s. 3937k Section 3937k. 940.09 (1d) (a) of the statutes is created to read:

SB55-SSA1,1235,4 940.09 (1d) (a) Notwithstanding par. (b), if the person who committed an offense under sub. (1) (a), (b), (c), or (d) has 2 or more convictions, suspensions, or revocations counted under s. 343.307 (1) within any 5-year period, the procedure under s. 343.301 shall be followed if the court enters an order regarding operating privilege restriction and the installation of an ignition interlock device or enters an order regarding immobilization.

SB55-SSA1, s. 3937m Section 3937m. 940.09 (1d) (a) of the statutes, as created by 2001 Wisconsin Act .... (this act), is renumbered 940.09 (1d) (a) 2.

SB55-SSA1, s. 3937n Section 3937n. 940.09 (1d) (a) 1. of the statutes is created to read:

SB55-SSA1,1235,14 940.09 (1d) (a) 1. Except as provided in subd. 2., if the person who committed an offense under sub. (1) (a), (b), (c), or (d) has 2 or more prior convictions, suspensions, or revocations, counting convictions under sub. (1) and s. 940.25 in the person's lifetime, plus other convictions, suspensions, or revocations counted under s. 343.307 (1), the procedure under s. 343.301 shall be followed if the court enters an order regarding operating privilege restriction or enters an order regarding immobilization.

SB55-SSA1, s. 3937p Section 3937p. 940.09 (1d) (b) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-SSA1,1235,24 940.09 (1d) (b) If the person who committed an offense under sub. (1) (a), (b), (c), or (d) has 2 or more prior convictions, suspensions, or revocations, counting convictions under sub. (1) and s. 940.25 in the person's lifetime, plus other convictions, suspensions, or revocations counted under s. 343.307 (1), the procedure under s. 346.65 (6) may shall be followed regarding the immobilization or if the court orders the seizure and forfeiture of a the motor vehicle owned by the person who committed the offense or the equipping of a motor vehicle owned by the person with an ignition interlock device and used in the violation.

SB55-SSA1, s. 3938j Section 3938j. 940.25 (1d) of the statutes is renumbered 940.25 (1d) (b) and amended to read:

SB55-SSA1,1236,9 940.25 (1d) (b) If the person who committed an offense under sub. (1) (a), (b), (c), or (d) has 2 or more prior convictions, suspensions, or revocations, as counting convictions under sub. (1) and s. 940.09 (1) in the person's lifetime, plus other convictions, suspensions, or revocations counted under s. 343.307 (1), the procedure under s. 346.65 (6) may be followed regarding the immobilization or the seizure and forfeiture of a motor vehicle owned by the person who committed the offense or the equipping of a motor vehicle owned by the person with an ignition interlock device.

SB55-SSA1, s. 3938k Section 3938k. 940.25 (1d) (a) of the statutes is created to read:

SB55-SSA1,1236,16 940.25 (1d) (a) Notwithstanding par. (b), if the person who committed an offense under sub. (1) (a), (b), (c), or (d) has 2 or more convictions, suspensions, or revocations counted under s. 343.307 (1) within any 5-year period, the procedure under s. 343.301 shall be followed if the court enters an order regarding operating privilege restriction and the installation of an ignition interlock device or enters an order regarding immobilization.

SB55-SSA1, s. 3938m Section 3938m. 940.25 (1d) (a) of the statutes, as created by 2001 Wisconsin Act .... (this act), is renumbered 940.25 (1d) (a) 2.

SB55-SSA1, s. 3938n Section 3938n. 940.25 (1d) (a) 1. of the statutes is created to read:

SB55-SSA1,1237,2 940.25 (1d) (a) 1. Except as provided in subd. 2., if the person who committed an offense under sub. (1) (a), (b), (c), or (d) has 2 or more prior convictions, suspensions, or revocations, counting convictions under sub. (1) and s. 940.09 (1) in the person's lifetime, plus other convictions, suspensions, or revocations counted under s. 343.307 (1), the procedure under s. 343.301 shall be followed if the court enters an order regarding operating privilege restriction or enters an order regarding immobilization.

SB55-SSA1, s. 3938p Section 3938p. 940.25 (1d) (b) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-SSA1,1237,12 940.25 (1d) (b) If the person who committed an offense under sub. (1) (a), (b), (c), or (d) has 2 or more prior convictions, suspensions, or revocations, counting convictions under sub. (1) and s. 940.09 (1) in the person's lifetime, plus other convictions, suspensions, or revocations counted under s. 343.307 (1), the procedure under s. 346.65 (6) may shall be followed regarding the immobilization or if the court orders the seizure and forfeiture of a the motor vehicle owned by the person who committed the offense or the equipping of a motor vehicle owned by the person with an ignition interlock device and used in the violation.

SB55-SSA1, s. 3938u Section 3938u. 943.01 (2) (d) of the statutes is amended to read:

SB55-SSA1,1237,17 943.01 (2) (d) If the total property damaged in violation of sub. (1) is reduced in value by more than $1,000 $2,500. For the purposes of this paragraph, property is reduced in value by the amount which it would cost either to repair or replace it, whichever is less.

SB55-SSA1, s. 3938v Section 3938v. 943.01 (2g) (c) of the statutes is amended to read:

SB55-SSA1,1237,23 943.01 (2g) (c) The total property damaged in violation of sub. (1) is reduced in value by more than $500 but not more than $1,000 $2,500. For purposes of this paragraph, property is reduced in value by the amount that it would cost to repair or replace it, whichever is less, plus other monetary losses associated with the damage.

SB55-SSA1, s. 3938w Section 3938w. 943.017 (2) (d) of the statutes is amended to read:

SB55-SSA1,1238,4 943.017 (2) (d) If the total property affected in violation of sub. (1) is reduced in value by more than $1,000 $2,500. For the purposes of this paragraph, property is reduced in value by the amount which it would cost to repair or replace it or to remove the marking, drawing, writing or etching, whichever is less.

SB55-SSA1, s. 3939 Section 3939. 943.20 (1) (e) of the statutes is amended to read:

SB55-SSA1,1238,12 943.20 (1) (e) Intentionally fails to return any personal property which is in his or her possession or under his or her control by virtue of a written lease or written rental agreement, within 10 days after the lease or rental agreement has expired. This paragraph does not apply to a person who returns personal property, except a motor vehicle, which is in his or her possession or under his or her control by virtue of a written lease or written rental agreement, within 10 days after the lease or rental agreement expires.

SB55-SSA1, s. 3939b Section 3939b. 943.20 (3) (a) of the statutes is amended to read:

SB55-SSA1,1238,15 943.20 (3) (a) If the value of the property does not exceed $1,000 $2,500, is guilty of a Class A misdemeanor.

SB55-SSA1, s. 3939c Section 3939c. 943.20 (3) (b) of the statutes is repealed.

SB55-SSA1, s. 3939d Section 3939d. 943.21 (3) (a) of the statutes is amended to read:

SB55-SSA1,1238,20 943.21 (3) (a) Is guilty of a Class A misdemeanor when the value of any beverage, food, lodging, accommodation, transportation or other service is $1,000 $2,500 or less.

SB55-SSA1, s. 3939e Section 3939e. 943.21 (3) (b) of the statutes is amended to read:

SB55-SSA1,1238,23 943.21 (3) (b) Is guilty of a Class E felony when the value of any beverage, food, lodging, accommodation, transportation or other service exceeds $1,000 $2,500.

SB55-SSA1, s. 3939f Section 3939f. 943.24 (1) of the statutes is amended to read:

SB55-SSA1,1239,3 943.24 (1) Whoever issues any check or other order for the payment of not more than $1,000 $2,500 which, at the time of issuance, he or she intends shall not be paid is guilty of a Class A misdemeanor.

SB55-SSA1, s. 3939g Section 3939g. 943.24 (2) of the statutes is amended to read:

SB55-SSA1,1239,9 943.24 (2) Whoever issues any single check or other order for the payment of more than $1,000 $2,500 or whoever within a 15-day period issues more than one check or other order amounting in the aggregate to more than $1,000 $2,500 which, at the time of issuance, the person intends shall not be paid is guilty of a Class E felony.

SB55-SSA1, s. 3939h Section 3939h. 943.34 (1) (a) of the statutes is amended to read:

SB55-SSA1,1239,12 943.34 (1) (a) A Class A misdemeanor, if the value of the property does not exceed $1,000 $2,500.

SB55-SSA1, s. 3939i Section 3939i. 943.34 (1) (b) of the statutes is repealed.

SB55-SSA1, s. 3939j Section 3939j. 943.395 (2) (a) of the statutes is amended to read:

SB55-SSA1,1239,16 943.395 (2) (a) Is guilty of a Class A misdemeanor if the value of the claim or benefit does not exceed $1,000 $2,500.

SB55-SSA1, s. 3939k Section 3939k. 943.395 (2) (b) of the statutes is amended to read:

SB55-SSA1,1239,19 943.395 (2) (b) Is guilty of a Class E felony if the value of the claim or benefit exceeds $1,000 $2,500.

SB55-SSA1, s. 3939L Section 3939L. 943.41 (8) (c) of the statutes is amended to read:

SB55-SSA1,1240,2 943.41 (8) (c) Any person violating any provision of sub. (5) or (6) (a), (b) or (d), if the value of the money, goods, services or property illegally obtained does not exceed $1,000 $2,500 is guilty of a Class A misdemeanor; if the value of the money, goods, services or property exceeds $1,000 but does not exceed $2,500, in a single transaction or in separate transactions within a period not exceeding 6 months, the person is guilty of a Class E felony; or if. If the value of the money, goods, services or property exceeds $2,500, the person is guilty of a Class C felony.

SB55-SSA1, s. 3939m Section 3939m. 943.50 (4) (a) of the statutes is amended to read:

SB55-SSA1,1240,5 943.50 (4) (a) A Class A misdemeanor, if the value of the merchandise does not exceed $1,000 $2,500.

SB55-SSA1, s. 3939n Section 3939n. 943.50 (4) (b) of the statutes is repealed.

SB55-SSA1, s. 3939p Section 3939p. 943.61 (5) (a) of the statutes is amended to read:

SB55-SSA1,1240,9 943.61 (5) (a) A Class A misdemeanor, if the value of the library materials does not exceed $1,000 $2,500.

SB55-SSA1, s. 3939q Section 3939q. 943.61 (5) (b) of the statutes is repealed.

SB55-SSA1, s. 3939r Section 3939r. 943.62 (4) (a) of the statutes is amended to read:

SB55-SSA1,1240,13 943.62 (4) (a) A Class A misdemeanor, if the value of the advance payment or required refund, as applicable, does not exceed $500 $2,500.

SB55-SSA1, s. 3939s Section 3939s. 943.62 (4) (b) of the statutes is repealed.

SB55-SSA1, s. 3940 Section 3940. 943.70 (1) (a) of the statutes is renumbered 943.70 (1) (am).

SB55-SSA1, s. 3941 Section 3941. 943.70 (1) (ag) of the statutes is created to read:

SB55-SSA1,1240,18 943.70 (1) (ag) "Access" means to instruct, communicate with, interact with, intercept, store data in, retrieve data from, or otherwise use the resources of.

SB55-SSA1, s. 3942 Section 3942. 943.70 (1) (gm) of the statutes is created to read:

SB55-SSA1,1240,22 943.70 (1) (gm) "Interruption in service" means inability to access a computer, computer program, computer system, or computer network, or an inability to complete a transaction involving a computer.

SB55-SSA1, s. 3943 Section 3943. 943.70 (2) (a) (intro.) of the statutes is amended to read:

SB55-SSA1,1241,3 943.70 (2) (a) (intro.) Whoever wilfully willfully, knowingly and without authorization does any of the following may be penalized as provided in par. pars. (b) and (c):

SB55-SSA1, s. 3944 Section 3944. 943.70 (2) (a) 3. of the statutes is amended to read:

SB55-SSA1,1241,6 943.70 (2) (a) 3. Accesses data, computer programs or supporting documentation.

SB55-SSA1, s. 3945 Section 3945. 943.70 (2) (am) of the statutes is created to read:

SB55-SSA1,1241,12 943.70 (2) (am) Whoever intentionally causes an interruption in service by submitting a message, or multiple messages, to a computer, computer program, computer system, or computer network that exceeds the processing capacity of the computer, computer program, computer system, or computer network may be penalized as provided in pars. (b) and (c).

SB55-SSA1, s. 3946 Section 3946. 943.70 (2) (b) (intro.) of the statutes is amended to read:

SB55-SSA1,1241,15 943.70 (2) (b) (intro.) Whoever violates this subsection par. (a) or (am) is guilty of:

SB55-SSA1, s. 3947 Section 3947. 943.70 (2) (b) 1. of the statutes is amended to read:

SB55-SSA1,1241,18 943.70 (2) (b) 1. A Class A misdemeanor unless subd. any of subds. 2., 3. or to 4. applies.

SB55-SSA1, s. 3948 Section 3948. 943.70 (2) (b) 3. of the statutes is amended to read:

SB55-SSA1,1241,23 943.70 (2) (b) 3. A Class D E felony if the offense results in damage is greater valued at more than $1,000 but not more than $2,500 or if it causes an interruption or impairment of governmental operations or public communication, of transportation or of a supply of water, gas or other public service.