AB150: Bill Text

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:

AB150,2337,18 977.05 (6) (title) Restriction Restrictions.

AB150, s. 7267 Section 7267. 977.05 (6) of the statutes is renumbered 977.05 (6) (a) and amended to read:

AB150,2337,24 977.05 (6) (a) The state public defender shall may not provide legal services or assign counsel for cases involving a person subject to contempt of court proceedings involving the alleged failure of the person to pay a forfeiture to a county or municipality.

AB150, s. 7268 Section 7268. 977.05 (6) (b) of the statutes is created to read:

AB150,2338,3 977.05 (6) (b) The state public defender may not provide legal services or assign counsel for a person subject to contempt of court proceedings under s. 767.30 or 767.305 for failure to pay child or family support, if any of the following applies:

AB150,2338,5 1. The action is not brought by the state, its delegate under s. 59.458 (1) or an attorney appointed under s. 767.045 (1) (c).

AB150,2338,8 2. The judge or family court commissioner before whom the proceedings shall be held certifies to the state public defender that the person will not be incarcerated if he or she is found in contempt of court.

AB150, s. 7269 Section 7269. 977.06 of the statutes is created to read:

AB150,2338,12 977.06 Indigency determinations; redeterminations; verification; collection. (1) Duties. The public defender shall determine whether persons are indigent and shall establish a system to do all of the following:

AB150,2338,14 (a) Verify the information regarding assets, income and expenses and income specified under s. 977.07 (2).

AB150,2338,16 (b) Redetermine indigency during the course of representation of persons receiving representation.

AB150,2338,18 (c) Record the amount of time spent on each case by the attorney appointed under s. 977.08.

AB150,2338,21 (d) Collect for the cost of representation from persons who are indigent in part or who have been otherwise determined to be able to reimburse the state public defender for the cost of providing counsel.

AB150, s. 7270 Section 7270. 977.06 (2) (title) of the statutes is created to read:

AB150,2338,23 977.06 (2) (title) Verifications.

AB150, s. 7271 Section 7271. 977.06 (3) (title) of the statutes is created to read:

AB150,2338,25 977.06 (3) (title) Redeterminations.

AB150, s. 7272 Section 7272. 977.06 (4) (title) of the statutes is created to read:

AB150,2339,2 977.06 (4) (title) Oversight.

AB150, s. 7273 Section 7273. 977.07 (2) (a) of the statutes is renumbered 977.07 (2) and amended to read:

AB150,2340,18 977.07 (2) The representative of the state public defender or the authority for indigency determinations specified under sub. (1) making a determination of indigency shall ascertain the assets of the person which exceed the amount needed for the payment of reasonable and necessary expenses incurred, or which must be incurred to support the person and the person's immediate family. The assets shall include disposable income, cash in hand, stocks and bonds, bank accounts and other property which can be converted to cash within a reasonable period of time and is not needed to hold a job, or to shelter, clothe and care for the person and the person's immediate family. Assets which cannot be converted to cash within a reasonable period of time, such as a person's home, car, household furnishings, clothing and other property which has been declared exempt from attachment or execution by law, shall be calculated to be assets equivalent in dollars to the amount of the loan which could be, in fact, raised by using these assets as collateral. Assets also include any money expended by the person to post bond to obtain release regarding the current alleged offense. If the person's assets, less reasonable and necessary living expenses, are not sufficient to cover the anticipated cost of effective representation when the length and complexity of the anticipated proceedings are taken fully into account, the person shall be determined to be indigent in full or in part. The determination of the ability of the person to contribute to the cost of legal services shall be based upon specific written standards relating to income, assets and the anticipated cost of representation. If found to be indigent in full or in part, the person shall be promptly informed of the state's right to payment or recoupment under s. 48.275 (2), 757.66 or 973.06 (1) (e), and the possibility that the payment of attorney fees may be made a condition of probation, should the person be placed on probation. Furthermore, if found to be indigent in part, the person shall be promptly informed of the extent to which he or she will be expected to pay for counsel, and whether the payment shall be in the form of a lump sum payment or periodic payments. The person shall be informed that the payment amount may be adjusted if his or her financial circumstances change by the time of sentencing. The payment and payment schedule shall be set forth in writing. Payments for services of the state public defender or other counsel provided under this chapter made pursuant to this subsection shall be paid to the state public defender for deposit in the state treasury and credited to the appropriation under s. 20.550 (1) (ja) (L). Under this subsection, reasonable and necessary living expenses equal the applicable payment amount under s. 49.19 (11) (a) 1. plus other specified, emergency or essential costs. The representative or authority making the determination of indigency shall consider any assets of the spouse of the person claiming to be indigent as if they were assets of the person, unless the spouse was the victim of a crime allegedly committed by the person.

AB150, s. 7274 Section 7274. 977.07 (2) (b) of the statutes is renumbered 977.06 (3) and amended to read: