LRB-3268/2
BF:kmg:km
1995 - 1996 LEGISLATURE
January 22, 1996 - Introduced by Representatives Travis, Grothman, Olsen, R.
Young, Baldwin and
L. Young, cosponsored by Senator Grobschmidt.
Referred to Committee on Criminal Justice and Corrections.
AB804,1,2
1An Act to amend 973.09 (1) (a) and 973.15 (2) (a) of the statutes;
relating to:
2consecutive sentences.
Analysis by the Legislative Reference Bureau
Under current law, a court generally has the option of imposing a sentence for
a criminal conviction to be either consecutive to or concurrent with any other sen
tence imposed at the same time or previously. This bill requires any court imposing
a consecutive sentence to state the reasons for that choice on the record at the time
of sentencing. Similarly, the bill requires a court ordering probation to be consecutive
to a sentence to state the reasons for that choice on the record at the time of sentenc
ing.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB804, s. 1
3Section
1. 973.09 (1) (a) of the statutes is amended to read:
AB804,2,64
973.09
(1) (a) Except as provided in par. (c) or if probation is prohibited for a
5particular offense by statute, if a person is convicted of a crime, the court, by order,
6may withhold sentence or impose sentence under s. 973.15 and stay its execution,
7and in either case place the person on probation to the department for a stated period,
8stating in the order the reasons therefor. The court may impose any conditions which
1appear to be reasonable and appropriate. The period of probation may be made con
2secutive to a sentence on a different charge, whether imposed at the same time or
3previously.
If the court orders the period of probation to be consecutive to a sentence,
4the court shall place its reasons for doing so on the record at the time of sentencing. 5If the court imposes an increased term of probation, as authorized under sub. (2) (a)
62. or (b) 2., it shall place its reasons for doing so on the record.
AB804, s. 2
7Section
2. 973.15 (2) (a) of the statutes is amended to read:
AB804,2,128
973.15
(2) (a) Except as provided in par. (b), the court may impose as many sen
9tences as there are convictions and may provide that any such sentence be concur
10rent with or consecutive to any other sentence imposed at the same time or previous
11ly.
If a court orders a sentence to be consecutive to any other sentence, the court shall
12place its reasons for doing so on the record at the time of sentencing.
AB804,2,15
14(1) This act first applies to sentences imposed or probation ordered on the ef
15fective date of this subsection.
