AP8 AB1: Bill Text

LRB-5202/1

JEO:kmg&kaf:jf

April 1998 Special Session

1997 - 1998 LEGISLATURE

Assembly BILL 1

April 30, 1998 - Introduced by Committee on Rules, by request of Governor Tommy G. Thompson. Referred to Committee on Rules.

AB1,5,2 An Act to renumber and amend 301.048 (6) and 303.065 (1); to amend 11.61 (1) (a), 11.61 (1) (b), 12.60 (1) (a), 13.05, 13.06, 13.69 (6m), 19.85 (1) (d), 20.410 (1) (b), 20.410 (1) (bn), 20.410 (1) (d), 20.410 (1) (g), 20.410 (1) (gb), 20.410 (1) (gc), 20.410 (1) (ge), 20.410 (1) (gf), 23.33 (13) (cg), 26.14 (8), 29.99 (1) (c), 29.99 (1m) (c), 29.99 (11m) (a), 29.99 (11p) (a), 30.80 (2g) (b), 30.80 (2g) (c), 30.80 (2g) (d), 30.80 (3m), 36.25 (6) (d), 46.21 (1) (d), 46.23 (2) (a), 46.48 (8) (d) 1., 47.03 (3) (d), 48.78 (2) (d) 5., 49.124 (6), 49.127 (8) (a) 2., 49.127 (8) (b) 2., 49.127 (8) (c), 49.141 (7) (a), 49.141 (7) (b), 49.141 (9) (a), 49.141 (9) (b), 49.141 (10) (b), 49.145 (2) (rm), 49.32 (10) (a) 2. a., 49.49 (1) (b) 1., 49.49 (2) (a), 49.49 (2) (b), 49.49 (3), 49.49 (3m) (b), 49.49 (4) (b), 49.95 (1), 51.15 (1) (b) 2., 51.15 (12), 51.20 (1) (ar) (intro.), 51.20 (13) (g) 2m., 51.30 (4) (b) 10. (intro.), 51.30 (4) (b) 10. a., 51.30 (4) (b) 10. b., 51.30 (4) (b) 10. d., 51.37 (8) (a), 51.37 (8) (b), 51.37 (11), 55.06 (11) (am), 66.4025 (1) (b), 66.4025 (1) (c), 69.24 (1) (intro.), 70.47 (18) (a), 71.83 (2) (b), 86.192 (4), 97.43 (4), 97.45 (2), 100.171 (7) (b), 100.26 (2), 100.26 (5), 100.26 (7), 101.143 (10) (b), 101.94 (8) (b), 102.835 (11), 102.835 (18), 102.85 (3), 106.215 (8g) (b), 108.225 (11), 108.225 (18), 111.32 (3), 114.20 (18) (c), 125.075 (2), 125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12) (b), 125.68 (12) (c), 132.13 (1) (a), 132.20 (2), 133.03 (1), 133.03 (2), 134.05 (4), 134.16, 134.20 (1) (intro.), 134.205 (4), 134.58, 139.44 (1), 139.44 (1m), 139.44 (2), 139.44 (8) (c), 139.95 (2), 139.95 (3), 146.345 (3), 146.35 (5), 146.60 (9) (am), 146.70 (10) (a), 154.15 (2), 154.29 (2), 165.76 (1) (a), 165.76 (1) (e), 165.76 (2) (b) 1., 165.76 (2) (b) 2., 165.76 (2) (b) 3m., 165.76 (2) (b) 5., 165.76 (2) (b) 6., 165.84 (5), 166.20 (11) (b) 1., 166.20 (11) (b) 2., 167.10 (9) (g), 175.20 (3), 180.0129 (2), 181.0129 (2), 185.825, 200.09 (2), 214.93, 215.02 (6) (b), 215.12, 215.21 (21), 218.21 (7), 220.06 (2), 221.0625 (2) (intro.), 221.0636 (2), 221.0637 (2), 221.1004 (2), 227.03 (4), 230.36 (1), 230.36 (3) (c) (intro.), 230.36 (3) (c) 2., 230.36 (3) (c) 3., 253.06 (4) (b), 285.87 (2) (b), 291.97 (2) (b) (intro.), 291.97 (2) (c), 299.53 (4) (c) 2., 301.03 (2r), 301.03 (3), 301.03 (3g), 301.03 (13), 301.046 (3) (intro.), 301.048 (1) (a), 301.048 (2) (b), 301.048 (2) (d), 301.048 (4) (a), 301.048 (4) (am), 301.048 (4m) (b) (intro.), 301.048 (4m) (b) 1., 301.048 (4m) (b) 2., 301.049 (2) (a) 2., 301.049 (3) (e), 301.08 (1) (c) 2., 3., 3m. and 5., 301.08 (3) (b) (intro.), 301.132 (2), 301.132 (3), 301.21 (1m) (a) 8., 301.21 (2m) (a) 6., 301.32 (3) (a), 301.32 (3) (b), 301.38 (1) (am), 301.45 (1) (b), 301.45 (1) (bm), 301.45 (1) (dh), 301.45 (2) (a) 4. b., 301.45 (2) (e) 1., 301.45 (2) (e) 2., 301.45 (3) (a) 1m., 301.45 (3) (a) 2., 301.45 (3) (b) 2., 301.45 (3) (b) 4., 301.45 (5) (a) 1m., 301.46 (2) (b) 4. b., 302.045 (1), 302.045 (3), 302.045 (4), 302.095 (2), 302.11 (1), 302.11 (1g) (am), 302.11 (1i), 302.11 (1p), 302.11 (6), 302.11 (9), 302.14, 302.17 (2), 302.25 (4) (c), 302.33 (2) (a) (intro.), 302.33 (2) (b), 302.335 (title), 302.335 (2) (intro.), 302.335 (2) (a) (intro.), 302.335 (2) (a) 1., 302.335 (2) (a) 2., 302.335 (2) (a) 3., 302.335 (2) (b), 302.335 (3), 302.335 (4), 303.21 (1) (a), 303.215, 304.02 (3) (c), 304.02 (4), 304.02 (5), 304.06 (1) (b), 304.06 (1y), 304.062 (title), 304.062 (1), 304.062 (2), 304.063 (title), 304.063 (2) (intro.), 304.063 (3), 304.071 (2), 304.072 (title), 304.072 (1), 304.072 (2), 304.072 (3), 304.072 (4), 304.073 (2), 304.073 (2m) (a), 304.073 (4), 304.074 (title), 304.074 (2), 304.074 (3) (intro.), 304.074 (3) (d), 304.074 (4), 304.074 (4m) (a), 304.075, 304.13 (1) (intro.), 304.13 (2), 304.13 (3), 304.13 (7), 304.13 (8) (b), 304.135, 304.137, 304.14, 341.605 (3), 342.06 (2), 342.065 (4) (b), 342.155 (4) (b), 342.156 (6) (b), 342.30 (3) (a), 342.32 (3), 343.06 (1) (i), 343.30 (2d), 344.48 (2), 346.17 (3) (a), 346.17 (3) (b), 346.17 (3) (c), 346.17 (3) (d), 346.65 (5), 346.74 (5) (b), 346.74 (5) (c), 346.74 (5) (d), 350.11 (2m), 446.07, 447.09, 450.11 (9) (b), 450.14 (5), 450.15 (2), 551.58 (1), 552.19 (1), 553.52 (1), 553.52 (2), 562.13 (3), 562.13 (4), 563.14 (2), 563.27 (1), 563.51 (29) (b), 565.50 (2), 565.50 (3), 601.64 (4), 641.19 (4) (a), 641.19 (4) (b), 765.30 (1) (intro.), 765.30 (2) (intro.), 768.07, 783.07, 801.50 (5), 938.183 (3), 938.78 (2) (d) 5., 938.991 (1), 938.991 (3) (c), 938.991 (5) (a), 938.991 (5) (am), 938.991 (6), 938.991 (7) (title), 938.991 (7) (a), 938.991 (7) (b), 938.991 (7) (c), 938.991 (14), 938.993 (2), 939.50 (3) (b), 939.50 (3) (bc), 939.50 (3) (c), 939.50 (3) (d), 939.50 (3) (e), 939.62 (2m) (b), 940.20 (2m) (title), 940.20 (2m) (a) 2., 940.20 (2m) (b), 942.06 (2m) (a), 942.06 (2q) (a) (intro.), 946.42 (1) (a), 946.46, 946.85 (1), 950.04 (1v) (v), 961.41 (1) (a), 961.41 (1) (b), 961.41 (1) (cm) 1., 961.41 (1) (cm) 2., 961.41 (1) (cm) 3., 961.41 (1) (cm) 4., 961.41 (1) (cm) 5., 961.41 (1) (d) 1., 961.41 (1) (d) 2., 961.41 (1) (d) 3., 961.41 (1) (d) 4., 961.41 (1) (d) 5., 961.41 (1) (d) 6., 961.41 (1) (e) 1., 961.41 (1) (e) 2., 961.41 (1) (e) 3., 961.41 (1) (e) 4., 961.41 (1) (e) 5., 961.41 (1) (e) 6., 961.41 (1) (f) 1., 961.41 (1) (f) 2., 961.41 (1) (f) 3., 961.41 (1) (g) 1., 961.41 (1) (g) 2., 961.41 (1) (g) 3., 961.41 (1) (h) 1., 961.41 (1) (h) 2., 961.41 (1) (h) 3., 961.41 (1) (i), 961.41 (1) (j), 961.41 (1m) (a), 961.41 (1m) (b), 961.41 (1m) (cm) 1., 961.41 (1m) (cm) 2., 961.41 (1m) (cm) 3., 961.41 (1m) (cm) 4., 961.41 (1m) (cm) 5., 961.41 (1m) (d) 1., 961.41 (1m) (d) 2., 961.41 (1m) (d) 3., 961.41 (1m) (d) 4., 961.41 (1m) (d) 5., 961.41 (1m) (d) 6., 961.41 (1m) (e) 1., 961.41 (1m) (e) 2., 961.41 (1m) (e) 3., 961.41 (1m) (e) 4., 961.41 (1m) (e) 5., 961.41 (1m) (e) 6., 961.41 (1m) (f) 1., 961.41 (1m) (f) 2., 961.41 (1m) (f) 3., 961.41 (1m) (g) 1., 961.41 (1m) (g) 2., 961.41 (1m) (g) 3., 961.41 (1m) (h) 1., 961.41 (1m) (h) 2., 961.41 (1m) (h) 3., 961.41 (1m) (i), 961.41 (1m) (j), 961.41 (1n) (c), 961.41 (2) (a), 961.41 (2) (b), 961.41 (2) (c), 961.41 (2) (d), 961.41 (3g) (a) 1., 961.41 (3g) (a) 2., 961.41 (4) (am) 3., 961.42 (2), 961.43 (2), 961.455 (1), 961.49 (2) (a), 961.49 (2) (b), 968.31 (1) (intro.), 968.34 (3), 969.01 (4), 971.11 (1), 972.13 (6), 972.15 (5) (intro.), 973.013 (1) (b), 973.013 (2), 973.0135 (2) (intro.), 973.014 (title), 973.014 (1) (intro.), 973.014 (1) (c), 973.014 (2), 973.032 (1), 973.10 (1), 973.15 (2) (b), 973.15 (6), 973.155 (1) (b), 973.155 (2), 973.155 (5), 973.20 (1r), 973.20 (10), 975.10 (1), 976.03 (3), 976.03 (13), 976.03 (22), 976.03 (23) (b), 976.03 (27) (a), 976.05 (3) (a), 976.05 (4) (b), 977.05 (6) (h) (intro.), 977.05 (6) (h) 1., 977.05 (6) (h) 2., 977.06 (2) (b), 978.07 (1) (c) 1., 980.015 (2) (a), 980.02 (1) (b) 2., 980.02 (2) (ag) and 980.02 (4) (am); to repeal and recreate 968.43 (3); and to create 20.505 (3) (c), 46.03 (7) (f), 301.03 (14), 301.046 (3t), 301.048 (2) (cm), 301.048 (2m), 301.048 (6) (b), 301.35 (2) (bm), 302.045 (2) (cm), 302.045 (3m), 302.11 (1z), 302.113, 302.114, 304.02 (6), 950.04 (1v) (vm), 972.15 (2c), 973.01 and 973.014 (1g) of the statutes; relating to: sentences for felony offenses, parole, extended supervision, creating a criminal code study committee, granting rule-making authority, making an appropriation and providing penalties.

Analysis by the Legislative Reference Bureau

This bill makes changes relating to the length and structure of sentences in felony cases and establishes a criminal code study committee. Specifically, the bill does all of the following:

Felony penalties

Current law provides penalties for felonies, which are crimes punishable by imprisonment of one year or more in state prison. A felony created in the criminal code is put into one of 6 classes (Class A, B, BC, C, D or E) and each class has a specific maximum term of imprisonment and a maximum fine. The maximum terms of imprisonment under current law for the classes of felonies (other than Class A felonies, which are punishable by life imprisonment) are as follows: - See PDF for table

This bill increases the length of sentences for the classes of felonies created in the criminal code, other than those punishable by life imprisonment, that are committed on or after July 1, 1999. The maximum terms of imprisonment for the classes of felonies under the bill are as follows: - See PDF for table

The bill also increases penalties for all felony offenses that are created in statutes outside of the criminal code. The bill increases the maximum term of imprisonment for these felonies by 50% or one year, whichever is greater. Thus, under the bill, a maximum penalty under current law of one year of imprisonment is increased to 2 years of imprisonment, while a maximum penalty under current law of 5 years of imprisonment is increased to 7 years and 6 months.

Sentences for felony offenses

Currently, person serving a sentence of imprisonment to a state prison usually has 3 possible ways of being released on parole: discretionary parole granted by the parole commission (for which a person is usually eligible after serving 25% of the sentence or 6 months, whichever is greater); mandatory release on parole (usually granted automatically after the person serves two-thirds of the sentence); or special action parole release by the secretary of corrections (a program designed to relieve prison crowding).

However, current law also provides different parole eligibility provisions for certain serious felony offenders. If a serious felony offender has one or more prior convictions for a serious felony, a judge may set a discretionary parole eligibility date for the offender that is later than 25% of the sentence or 6 months but not later than the mandatory release date of two-thirds of the sentence. In addition, certain serious felony offenders need not be automatically released when they reach their mandatory release dates. Instead, the parole commission may deny mandatory release to such an offender in order to protect the public or because the offender refused to participate in counseling or treatment. The serious felony offenders covered by these parole provisions include persons convicted of serious violations such as homicide, battery, sexual assault, mayhem, kidnapping, taking hostages, arson, armed burglary, armed robbery, carjacking, assault by a prisoner, crimes against children and controlled substances.

Under this bill, if a court chooses to sentence a felony offender to a term of imprisonment in state prison for a felony committed on or after July 1, 1999, the court must do so by providing a bifurcated sentence that includes a term of confinement in prison followed by a term of extended supervision. The offender is not eligible for parole. A bifurcated sentence imposed under the bill must be structured as follows:

1. The total length of the bifurcated sentence may not exceed the maximum term of imprisonment allowable for the felony.

2. The court must set the term of confinement in prison portion of the sentence to be at least one year but not more than 40 years for a Class B felony, 20 years for a Class BC felony, 10 years for a Class C felony, 5 years for a Class D felony or 2 years for a Class E felony. If the person is being sentenced for a felony that is not in one of these classes, the term of confinement in prison portion of the sentence must be at least one year but not more than 75% of the total length of the bifurcated sentence.

3. The term of extended supervision must equal at least 25% of the length of the term of confinement in prison.

Thus, for example, if a person is convicted of a Class B felony and a judge sentenced the person to the maximum allowable 40-year term of confinement in prison, the term of extended supervision would have to be at least 10 years but could not be more than 20 years.

After the person completes the term of confinement in prison portion of the sentence, he or she serves the term of extended supervision during which he or she is subject to conditions set by both the court and the department of corrections (DOC) and is subject to supervision by DOC. If a person violates a condition of extended supervision, extended supervision may be revoked and the person may be returned to serve a period of time in prison.

Under current law, a person serving a life sentence usually must serve 20 years minus time calculated under the mandatory release formula before he or she is eligible for release on parole. If the person does not receive extensions due to violations of prison rules, he or she reaches parole eligibility after serving 13 years and 4 months. However, a judge may set a parole eligibility date for a person serving a life sentence that is later than the usual parole eligibility date or may provide that the person is not eligible for parole. Also, if a person has 2 convictions for any of certain serious felonies and is then convicted a 3rd time for another serious felony, he or she must be sentenced to life without parole (the so-called "3 strikes, you're out" law). No person serving a life sentence is entitled to mandatory release.

This bill provides that a person sentenced to life imprisonment for a crime committed on or after July 1, 1999, is not eligible for parole. Instead, the bill requires a judge who is sentencing a person to life imprisonment to do one of the following: 1) provide that the person is eligible for extended supervision after serving 20 years; 2) set a date on which the person becomes eligible for extended supervision, as long as that date requires the person to serve at least 20 years; or 3) provide that the person is not eligible for extended supervision. If the court provides that the person is eligible for extended supervision, the person may petition the sentencing court for release to extended supervision on or after the extended supervision eligibility date. A person sentenced to life imprisonment who is released to extended supervision is on extended supervision for the remainder of his or her life and, like a person on extended supervision under a bifurcated sentence (see above), may have his or her extended supervision revoked and be returned to prison if he or she violates a condition of extended supervision. The bill does not affect persons sentenced to life imprisonment without the possibility of release under the "3 strikes, you're out" law.

Criminal code study committee

This bill creates a committee called the criminal code study committee that consists of all of the following members: 2 judges appointed by the supreme court; the majority leader in each house, or his or her designee; the minority leader in each house, or his or her designee; one faculty member from the law school of the University of Wisconsin-Madison appointed by the governor; one faculty member from the law school of Marquette University appointed by the governor; the attorney general or his or her designee; one current district attorney appointed by the attorney general; the state public defender or his or her designee; one representative of crime victims appointed by the attorney general; one attorney in private practice engaged primarily in the practice of criminal defense, appointed by the governor; one representative of law enforcement agencies appointed by the governor; 3 public members appointed by the governor; and the secretary of corrections or his or her designee.

Under the bill, the committee is required to study the classification of criminal offenses in the criminal code, the penalties for all felonies and issues relating to the implementation of the changes made in this bill relating to the structure of sentences for felony offenses. The committee must also make recommendations concerning all of the following: 1) creating a sentencing commission to promulgate sentencing guidelines for use by judges when imposing sentence under the new felony sentencing structure created in this bill; 2) changing the administrative rules of the department of corrections to ensure that a person is returned to prison promptly and for an appropriate period of time if he or she violates a condition of extended supervision; and 3) creating a uniform classification system for all felonies, including felonies outside of the criminal code, classifying every felony in a manner that places crimes of similar severity into the same classification and consolidating all felonies into a single criminal code.

Finally, the bill requires the committee to submit a report of its findings and recommendations to the legislature and to the governor no later than March 1, 1999. The committee's report must include any proposed legislation that is necessary to implement the recommendations made by the committee in its report.

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:

AB1, s. 1 Section 1. 11.61 (1) (a) of the statutes is amended to read:

AB1,8,4 11.61 (1) (a) Whoever intentionally violates s. 11.05 (1), (2), (2g) or (2r), 11.07 (1) or (5), 11.10 (1), 11.12 (5), 11.23 (6) or 11.24 (1) may be fined not more than $10,000 or imprisoned for not more than 3 4 years and 6 months or both.

AB1, s. 2 Section 2. 11.61 (1) (b) of the statutes is amended to read:

AB1,8,10 11.61 (1) (b) Whoever intentionally violates s. 11.25, 11.26, 11.27 (1), 11.30 (1) or 11.38 where the intentional violation does not involve a specific figure, or where the intentional violation concerns a figure which exceeds $100 in amount or value may be fined not more than $10,000 or imprisoned for not more than 3 4 years and 6 months or both.

AB1, s. 3 Section 3. 12.60 (1) (a) of the statutes is amended to read:

AB1,8,14 12.60 (1) (a) Whoever violates s. 12.09, 12.11 or 12.13 (1), (2) or (3) (a), (e), (f), (j), (k), (L), (m), (y) or (z) may be fined not more than $10,000 or imprisoned for not more than 3 4 years in the Wisconsin state prisons and 6 months or both.

AB1, s. 4 Section 4. 13.05 of the statutes is amended to read:

AB1,9,9 13.05 Logrolling prohibited. Any member of the legislature who gives, offers or promises to give his or her vote or influence in favor of or against any measure or proposition pending or proposed to be introduced, in the legislature in consideration or upon condition that any other person elected to the same legislature will give or will promise or agree to give his or her vote or influence in favor of or against any other measure or proposition pending or proposed to be introduced in such legislature, or who gives, offers or promises to give his or her vote or influence for or against any measure on condition that any other member will give his or her vote or influence in favor of any change in any other bill pending or proposed to be introduced in the legislature may be fined not less than $500 nor more than $1,000 or imprisoned for not less than one year nor more than 3 4 years and 6 months or both.

AB1, s. 5 Section 5. 13.06 of the statutes, as affected by 1997 Wisconsin Act 35, is amended to read:

AB1,9,22 13.06 Executive favor. Any member of the legislature who gives, offers or promises to give his or her vote or influence in favor of or against any measure or proposition pending or proposed to be introduced in the legislature, or that has already been passed by either house of the legislature, in consideration of or on condition that the governor approve, disapprove, veto or sign, or agree to approve, disapprove, veto or sign, any other measure or proposition pending or proposed to be introduced in the legislature or that has already been passed by the legislature, or either house thereof, or in consideration or upon condition that the governor nominate for appointment or appoint or remove any person to or from any office or position under the laws of this state, may be fined not less than $500 nor more than $1,000 or imprisoned for not less than one year nor more than 2 3 years or both.

AB1, s. 6 Section 6. 13.69 (6m) of the statutes, as affected by 1997 Wisconsin Act .... (Assembly Bill 57), is amended to read:

AB1,10,4 13.69 (6m) Any principal, lobbyist or other individual acting on behalf of a principal who files a statement under s. 13.63 (1), 13.64, 13.65, 13.67 or 13.68 which he or she does not believe to be true may be fined not more than $10,000 or imprisoned for not more than 5 7 years and 6 months or both.

AB1, s. 7 Section 7. 19.85 (1) (d) of the statutes is amended to read:

AB1,10,8 19.85 (1) (d) Except as provided by rule promulgated under s. 304.06 (1) (em), considering specific applications of probation, extended supervision or parole, or considering strategy for crime detection or prevention.

AB1, s. 8 Section 8. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB1, s. 9 Section 9. 20.410 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB1,10,19 20.410 (1) (b) Services for community corrections. The amounts in the schedule to provide services related to probation, extended supervision and parole, the intensive sanctions program under s. 301.048, the community residential confinement program under s. 301.046, programs of intensive supervision of adult offenders and minimum security correctional institutions established under s. 301.13. No payments may be made under this paragraph for payments in accordance with other states party to the interstate corrections compact under s. 302.25.

AB1, s. 10 Section 10. 20.410 (1) (bn) of the statutes is amended to read:

AB1,11,5 20.410 (1) (bn) (title) Reimbursing counties for probation, extended supervision and parole holds. The amounts in the schedule for payments to counties under s. 302.33 (2) (a) for costs relating to maintaining persons in custody pending the disposition of their parole, extended supervision or probation revocation proceedings.

AB1, s. 11 Section 11. 20.410 (1) (d) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read: