AB150: Bill Text

AB150,2326,17 3. On a school bus.

AB150,2326,18 4. Within 1,000 feet of a school bus.

AB150,2326,21 (e) "Violent crime" means any crime specified in ch. 940 or in s. 941.20, 941.21, 943.02, 943.03, 943.04, 943.06, 943.10, 943.23 (1g), (1m) or (1r), 943.32, 946.43, 948.02, 948.025, 948.03, 948.055, 948.06 or 948.07.

AB150,2326,23 (2) If a person commits a violent crime in a school zone, the maximum period of imprisonment is increased as follows:

AB150,2326,25 (a) If the violent crime is a felony, the maximum period of imprisonment is increased by 5 years.

AB150,2327,3 (b) If the violent crime is a misdemeanor, the maximum period of imprisonment is increased by 6 months and the crime is changed in status from a misdemeanor to a felony.

AB150,2327,11 (3) (a) In addition to any other penalties that may apply to the crime under sub. (2), the court may require the person to complete 100 hours of community service work for a public agency or a nonprofit charitable organization. The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored. Any organization or agency acting in good faith to which a defendant is assigned under an order under this paragraph has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the defendant.

AB150,2327,14 (b) The court shall not impose the requirement under par. (a) if the court determines that the person would pose a threat to public safety while completing the requirement.

AB150,2327,17 (4) This section provides for the enhancement of the penalties applicable for the underlying crime. The court shall direct that the trier of fact find a special verdict as to all of the issues specified in sub. (2).

AB150, s. 7227 Section 7227. 940.207 (title) of the statutes is amended to read:

AB150,2327,20 940.207 (title) Battery or threat to department of development or department of industry, labor and human relations employe.

AB150, s. 7228 Section 7228. 940.207 (2) (intro.) of the statutes is amended to read:

AB150,2327,25 940.207 (2) (intro.)  Whoever intentionally causes bodily harm or threatens to cause bodily harm to the person or family member of any department of development or department of industry, labor and human relations official, employe or agent under all of the following circumstances is guilty of a Class D felony:

AB150, s. 7229 Section 7229. 940.207 (2) (a) of the statutes is amended to read:

AB150,2328,4 940.207 (2) (a) At the time of the act or threat, the actor knows or should have known that the victim is a department of development or department of industry, labor and human relations official, employe or agent or a member of his or her family.

AB150, s. 7230 Section 7230. 943.62 (2m) of the statutes is amended to read:

AB150,2328,8 943.62 (2m) This section does not apply to a savings and loan association, credit union, bank, savings bank, or a mortgage banker, loan originator or loan solicitor registered under s. 440.72 224.72.

AB150, s. 7231 Section 7231. 945.06 of the statutes is amended to read:

AB150,2328,24 945.06 Public utilities to cease service. When any public utility, common carrier, contract carrier, or railroad, subject to the jurisdiction of the public service commission, office of the commissioner of railroads or department of transportation of this state, is notified in writing by a federal, state or local law enforcement agency, acting within its jurisdiction, that any facility furnished by it is being used or will be used for the purpose of transmitting or receiving gambling information in violation of the laws of this state it shall discontinue or refuse the leasing, furnishing or maintaining of such facility, after reasonable notice to the subscriber, but no damages, penalty or forfeiture, civil or criminal, shall be found against any such public utility, common carrier, contract carrier or railroad, for any act done in compliance with any notice received from a law enforcement agency under this section. Nothing in this section shall be deemed to prejudice the right of any person affected thereby to secure an appropriate determination as otherwise provided by law in any court or tribunal or agency, that such facility should not be discontinued or removed, or should be restored.

AB150, s. 7232 Section 7232. 946.13 (10) of the statutes is amended to read:

AB150,2329,4 946.13 (10) Subsection (1) (a) does not apply to a member of a private industry council or a state job training coordinating council appointed under the job training partnership act, 29 USC 1512, or to a member of the governor's council on workforce excellence appointed under s. 15.227 (24).

AB150, s. 7233 Section 7233. 946.42 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385, is amended to read:

AB150,2329,22 946.42 (1) (a) "Custody" includes without limitation actual custody of an institution, including a secured juvenile correctional facility, a secure detention facility, as defined under s. 48.02 (16), or a juvenile portion of a county jail, or of a peace officer or institution guard and constructive custody of prisoners and juveniles subject to an order under s. 48.34 (4m), 48.357 (4) or (5) (e) or 48.366 temporarily outside the institution whether for the purpose of work, school, medical care, a leave granted under s. 303.068, a temporary leave or furlough granted to a juvenile or otherwise. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the county to which the prisoner was transferred after conviction. "Custody" also includes the custody by the department of health and social services of a child who is placed in the community under corrective sanctions supervision under s. 48.533 and custody by the department of corrections of a person who is placed in the community under youthful serious juvenile offender supervision under s. 48.537. It does not include the custody of a probationer or parolee by the department of corrections or a probation or parole officer or the custody of a person who has been released to aftercare supervision under ch. 48 unless the person is in actual custody.

AB150, s. 7234 Section 7234. 946.44 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377 and 486, is amended to read:

AB150,2330,4 946.44 (1) (a) Any officer or employe of an institution where prisoners are detained or any officer or employe providing corrective sanctions supervision under s. 48.533 or youthful serious juvenile offender supervision under s. 48.537 who intentionally permits a prisoner in the officer's or employe's custody to escape; or

AB150, s. 7235 Section 7235. 946.45 (1) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB150,2330,11 946.45 (1) Any officer or employe of an institution where prisoners are detained or any officer or employe providing corrective sanctions supervision under s. 48.533 or youthful serious juvenile offender supervision under s. 48.537 who, through his or her neglect of duty, allows a prisoner in his or her custody to escape is guilty of a Class B misdemeanor.

AB150, s. 7236 Section 7236. 948.01 (1) of the statutes is amended to read:

AB150,2330,16 948.01 (1) "Child" means a person who has not attained the age of 18 years, except that for purposes of prosecuting a person who is alleged to have violated a state or federal criminal law, "child" does not include a person who has attained the age of 17 years.

AB150, s. 7237 Section 7237. 948.31 (1) (a) 2. of the statutes is amended to read:

AB150,2330,21 948.31 (1) (a) 2. The department of health and social services or the department of corrections or any person, county department under s. 46.215, 46.22 or 46.23 or licensed child welfare agency, if custody of the child has been transferred under ch. 48 to that department, person or agency.

AB150, s. 7238 Section 7238. 948.35 (1) (a) of the statutes is amended to read:

AB150,2331,3 948.35 (1) (a) Except as provided in pars. (b) to (d) or s. 161.455, any person who has attained the age of 18 17 years and who, with the intent that a felony be committed and under circumstances that indicate unequivocally that he or she has the intent, knowingly solicits, advises, hires, directs or counsels a child person 17 years of age or under to commit that felony may be fined or imprisoned or both, not to exceed the maximum penalty for the felony.

AB150, s. 7239 Section 7239. 948.36 (1) of the statutes is amended to read:

AB150,2331,11 948.36 (1) Any person who has attained the age of 18 17 years and who, with the intent that a Class A felony be committed and under circumstances that indicate unequivocally that he or she has that intent, knowingly solicits, advises, hires, directs, counsels, employs, uses or otherwise procures a child person 17 years of age or under to commit that Class A felony may, if the Class A felony is committed by the child, be imprisoned for not more than 5 years in excess of the maximum period of imprisonment provided by law for that Class A felony.

AB150, s. 7240 Section 7240. 948.45 (1) of the statutes is amended to read:

AB150,2331,16 948.45 (1) Except as provided in sub. (2), any person 18 17 years of age or older who, by any act or omission, knowingly encourages or contributes to the truancy, as defined under s. 118.16 (1) (c), of a child person 17 years of age or under is guilty of a Class C misdemeanor.

AB150, s. 7241 Section 7241. 948.45 (2) of the statutes is amended to read:

AB150,2331,19 948.45 (2) Subsection (1) does not apply to a person who has under his or her control a child who has been sanctioned under s. 49.50 (7) (h) 49.26 (1) (h).

AB150, s. 7242 Section 7242. 948.60 (title), (2) and (3) of the statutes are amended to read:

AB150,2331,22 948.60 (title) Possession of a dangerous weapon by a child person under 18.

AB150,2331,24 (2) (a) Any child person under 18 years of age who possesses or goes armed with a dangerous weapon is guilty of a Class A misdemeanor.

AB150,2332,3 (b) Except as provided in par. (c), any person who intentionally sells, loans or gives a dangerous weapon to a child person under 18 years of age is guilty of a Class E felony.

AB150,2332,6 (c) Whoever violates par. (b) is guilty of a Class D felony if the child person under 18 years of age under par. (b) discharges the firearm and the discharge causes death to himself, herself or another.

AB150,2332,8 (d) A child person under 17 years of age who has violated this subsection is subject to the provisions of ch. 48 unless jurisdiction is waived under s. 48.18

AB150,2332,16 (3) (a) This section does not apply to a child person under 18 years of age who possesses or is armed with a dangerous weapon when the dangerous weapon is being used in target practice under the supervision of an adult or in a course of instruction in the traditional and proper use of the dangerous weapon under the supervision of an adult. This section does not apply to an adult who transfers a dangerous weapon to a child person under 18 years of age for use only in target practice under the adult's supervision or in a course of instruction in the traditional and proper use of the dangerous weapon under the adult's supervision.

AB150,2332,21 (b) This section does not apply to a child person under 18 years of age who is a member of the armed forces or national guard and who possesses or is armed with a dangerous weapon in the line of duty. This section does not apply to an adult who is a member of the armed forces or national guard and who transfers a dangerous weapon to a child person under 18 years of age in the line of duty.

AB150,2333,2 (c) This section does not apply to a child person under 18 years of age who possesses or is armed with a firearm having a barrel 12 inches in length or longer and who is in compliance with ss. 29.226 and 29.227. This section does not apply to an adult who transfers a firearm having a barrel 12 inches in length or longer to a child person under 18 years of age who is in compliance with ss. 29.226 and 29.227.

AB150, s. 7243 Section 7243. 948.61 (4) of the statutes is amended to read:

AB150,2333,5 948.61 (4) A child person under 17 years of age who has violated this section is subject to the provisions of ch. 48, unless jurisdiction is waived under s. 48.18.

AB150, s. 7244 Section 7244. 951.01 (4) of the statutes is amended to read:

AB150,2333,9 951.01 (4) "Law enforcement officer" has the meaning assigned under s. 967.02 (5) and includes a humane officer under s. 58.07 but does not include a conservation warden appointed under s. 23.10 or a state park ranger appointed under s. 27.92.

AB150, s. 7245 Section 7245. 967.02 (2) of the statutes is amended to read:

AB150,2333,12 967.02 (2) "Department" means the department of corrections, except as provided in s. ss. 973.135 (1) (a) and 975.001.

AB150, s. 7246 Section 7246. 967.08 (2) (intro.) of the statutes is amended to read:

AB150,2333,18 967.08 (2) (intro.) The court may permit the following proceedings to be conducted under sub. (1) with the consent of the defendant on the request of either party. The defendant's consent and any request and the opposing party's showing of good cause for not conducting the proceeding under sub. (1) may be made by telephone.

AB150, s. 7247 Section 7247. 970.01 (1) of the statutes is amended to read:

AB150,2334,5 970.01 (1) Any person who is arrested shall be taken within a reasonable time before a judge in the county in which the offense was alleged to have been committed. The person may waive physical appearance and request that the initial appearance may be conducted on the record by telephone or live audiovisual means under s. 967.08. If the initial appearance is conducted by telephone or live audiovisual means, the person may waive physical appearance. Waiver of physical appearance shall be placed on the record of the initial appearance and does not waive other grounds for challenging the court's personal jurisdiction. If the person does not waive physical appearance, conducting the initial appearance by telephone or live audiovisual means under s. 967.08 does not waive any grounds that the person has for challenging the court's personal jurisdiction.

AB150, s. 7248 Section 7248. 971.11 (1) of the statutes is amended to read:

AB150,2334,15 971.11 (1) Whenever the warden or superintendent receives notice of an untried criminal case pending in this state against an inmate of a state prison, the warden or superintendent shall, at the request of the inmate, send by certified mail a written request to the district attorney for prompt disposition of the case. The request shall state the sentence then being served, the date of parole eligibility, if applicable, the approximate discharge or conditional release date, and prior decision relating to parole. If there has been no preliminary examination on the pending case, the request shall state whether the inmate waives such examination, and, if so, shall be accompanied by a written waiver signed by the inmate.

AB150, s. 7249 Section 7249. 971.23 (10) of the statutes is created to read:

AB150,2334,23 971.23 (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). 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.

AB150, s. 7250 Section 7250. 973.01 of the statutes is repealed.

AB150, s. 7251 Section 7251. 973.011 of the statutes is repealed.

AB150, s. 7252 Section 7252. 973.012 of the statutes is repealed.

AB150, s. 7253 Section 7253. 973.013 (3m) of the statutes is amended to read:

AB150,2335,17 973.013 (3m) If a person who has not attained the age of 16 years is sentenced to the Wisconsin state prisons, the department of corrections shall place the person at a secured juvenile correctional facility, unless the department of health and social services, after consultation with 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 health and social services 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. Section 302.11 and ch. 304 apply to all persons placed in a secured juvenile correctional facility under this subsection.

AB150, s. 7254 Section 7254. 973.014 (1) (c) of the statutes is created to read:

AB150,2335,21 973.014 (1) (c) The person is not eligible for parole. This paragraph applies only if the court sentences a person for a crime committed on or after the effective date of this paragraph .... [revisor inserts date].

AB150, s. 7255 Section 7255. 973.032 (2) (a) of the statutes is amended to read:

AB150,2336,5 973.032 (2) (a) A court may sentence a person under sub. (1) if the department provides a presentence investigation report recommending that the person be sentenced to the program. If the department does not make the recommendation, a court may order the department to assess and evaluate the person. After that assessment and evaluation, the court may sentence the person to the program unless the department objects on the ground that the presumptively appropriate sentence under the sentencing guideline matrices is it recommends that the person be placed on probation.

AB150, s. 7256 Section 7256. 973.055 (3) of the statutes is amended to read:

AB150,2336,9 973.055 (3) All moneys collected from domestic abuse assessments shall be deposited by the state treasurer in s. 20.435 (7) (1) (hh) and utilized in accordance with s. 46.95.

AB150, s. 7257 Section 7257. 973.06 (1) (e) of the statutes is amended to read:

AB150,2336,14 973.06 (1) (e) Attorney fees payable to the defense attorney by the county or the state. If the court determines at the time of sentencing that the defendant's financial circumstances are changed, the court may adjust the amount in accordance with s. 977.07 (1) (a) and (2) (a).

AB150, s. 7258 Section 7258. 973.135 (title) of the statutes is amended to read:

AB150,2336,17 973.135 (title) Courts to report convictions to the state superintendent department of public instruction education.

AB150, s. 7259 Section 7259. 973.135 (1) (a) of the statutes is renumbered 973.135 (1) (am).

AB150, s. 7260 Section 7260. 973.135 (1) (a) of the statutes is created to read:

AB150,2336,20 973.135 (1) (a) "Department" means the department of education.

AB150, s. 7261 Section 7261. 973.135 (1) (b) of the statutes is repealed.

AB150, s. 7262 Section 7262. 973.135 (2) of the statutes is amended to read:

AB150,2337,3 973.135 (2) If a court determines that a person convicted of a crime specified in ch. 948, including a crime specified in s. 948.015, a felony for which the maximum term of imprisonment is at least 5 years, 4th degree sexual assault under s. 940.225 (3m) or a crime in which the victim was a child, is employed by an educational agency, the clerk of the court in which such conviction occurred shall promptly forward to the state superintendent department the record of conviction.

AB150, s. 7263 Section 7263. 973.135 (3) of the statutes is amended to read:

AB150,2337,7 973.135 (3) If a conviction under sub. (2) is reversed, set aside or vacated, the clerk of the court shall promptly forward to the state superintendent department a certificate stating that the conviction has been reversed, set aside or vacated.

AB150, s. 7264 Section 7264. 977.05 (4) (i) 7. of the statutes is repealed.

AB150, s. 7265 Section 7265. 977.05 (4) (j) of the statutes is amended to read:

AB150,2337,16 977.05 (4) (j) At the request of any person determined by the state public defender to be indigent or upon referral of any court, prosecute a writ of error, appeal, action or proceeding for habeas corpus or other postconviction or post-commitment remedy or attack the conditions of confinement on behalf of the person before any court, if the state public defender determines the case should be pursued. The state public defender must pursue the case of any indigent person entitled to counsel under s. 971.17 (7) (b) 1. or 980.03 (2) (a).

AB150, s. 7266 Section 7266. 977.05 (6) (title) of the statutes is amended to read: