AB351: Bill Text

AB351,67,23 939.50 (3) (e) For a Class E felony, a fine not to exceed $10,000 or imprisonment not to exceed 2 5 years, or both.

AB351, s. 185 Section 185. 939.62 (2m) (b) of the statutes is amended to read:

AB351,68,11 939.62 (2m) (b) The actor is a persistent repeater if he or she has been convicted of a serious felony on 2 or more separate occasions at any time preceding the serious felony for which he or she presently is being sentenced under ch. 973, which convictions remain of record and unreversed and, that of the 2 or more previous convictions, at least one conviction must have occurred before the date of violation of at least one of the other felonies for which the actor was previously convicted. It is immaterial that the sentence for a previous conviction was stayed, withheld or suspended, or that he or she was pardoned, unless the pardon was granted on the ground of innocence. The term of imprisonment for the felony for which the persistent repeater presently is being sentenced under ch. 973 is life imprisonment without the possibility of parole or community supervision.

AB351, s. 186 Section 186. 940.20 (2m) (title) of the statutes is amended to read:

AB351,68,14 940.20 (2m) (title) Battery to probation , community supervision and parole agents and aftercare agents.

AB351, s. 187 Section 187. 940.20 (2m) (a) 2. of the statutes is amended to read:

AB351,68,18 940.20 (2m) (a) 2. "Probation, community supervision and parole agent" means any person authorized by the department of corrections to exercise control over a probationer or, parolee or person on community supervision.

AB351, s. 188 Section 188. 940.20 (2m) (b) of the statutes is amended to read:

AB351,68,24 940.20 (2m) (b) Whoever intentionally causes bodily harm to a probation, community supervision and parole agent or an aftercare agent, acting in an official capacity and the person knows or has reason to know that the victim is a probation, community supervision and parole agent or an aftercare agent, by an act done without the consent of the person so injured, is guilty of a Class D felony.

AB351, s. 189 Section 189. 942.06 (2m) (a) of the statutes is amended to read:

AB351,69,3 942.06 (2m) (a) An employe or agent of the department of corrections who conducts a lie detector test of a probationer or, parolee or person on community supervision under the rules promulgated under s. 301.132.

AB351, s. 190 Section 190. 942.06 (2q) (a) (intro.) of the statutes is amended to read:

AB351,69,8 942.06 (2q) (a) (intro.) An employe or agent of the department of corrections who discloses, to any of the following, the fact that a probationer or, parolee or person on community supervision has had a lie detector test under the rules promulgated under s. 301.132 or the results of such a lie detector test:

AB351, s. 191 Section 191. 946.42 (1) (a) of the statutes is amended to read:

AB351,69,25 946.42 (1) (a) "Custody" includes without limitation actual custody of an institution, including a secured correctional facility, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), a secure detention facility, as defined in s. 938.02 (16), a Type 2 child caring institution, as defined in s. 938.02 (19r), 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. 48.366, 938.183, 938.34 (4d), (4h) or (4m) or 938.357 (4) or (5) (e) 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. It does not include the custody of a probationer or, parolee or person on community supervision by the department of corrections or a probation, community supervision or parole officer or the custody of a person who has been released to aftercare supervision under ch. 938 unless the person is in actual custody or is subject to a confinement order under s. 973.09 (4).

AB351, s. 192 Section 192. 946.46 of the statutes is amended to read:

AB351,70,8 946.46 (title) Encouraging violation of probation, community supervision or parole. Whoever intentionally aids or encourages a parolee or, probationer or person on community supervision or any person committed to the custody or supervision of the department of corrections or a county department under s. 46.215, 46.22 or 46.23 by reason of crime or delinquency to abscond or violate a term or condition of parole, community supervision or probation is guilty of a Class A misdemeanor.

AB351, s. 193 Section 193. 950.045 of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

AB351,71,5 950.045 Victims; application for parole or pardon; releases; escapes; corrections programs. Victims of crimes have the right to provide written statements concerning parole applications under s. 304.06 (1) (e), to have direct input in the parole decision-making process under s. 304.06 (1) (em) and to provide written statements concerning pardon applications under s. 304.10 (2). Victims of crimes have the right to be notified by district attorneys under s. 971.17 (4m) regarding conditional releases under s. 971.17. Victims of crimes have the right to be notified by the department of health and family services under s. 971.17 (6m) regarding terminations or discharges under s. 971.17. Victims of crimes have the right to be notified by the department of corrections under s. 301.046 (4) regarding community residential confinements, under s. 301.048 (4m) regarding participation in the intensive sanctions program, under s. 301.38 regarding escapes from a Type 1 prison, under s. 302.115 regarding the expiration of sentences and under s. 304.063 regarding community supervision and parole releases. Victims of acts of sexual violence have the right to be notified by the department of health and family services under s. 980.11 regarding supervised releases under s. 980.06 and discharges under s. 980.09 or 980.10. Victims have the right to be notified of the registration of a person and the update of information regarding that person under s. 301.46. Victims of crimes have the right to be sent a copy of an inmate's petition for community supervision and to be notified of the hearing on that petition under s. 302.114 (6).

AB351, s. 194 Section 194. 961.41 (1) (a) of the statutes is amended to read:

AB351,71,11 961.41 (1) (a) Except as provided in par. (d), a controlled substance included in schedule I or II which is a narcotic drug, or a controlled substance analog of a controlled substance included in schedule I or II which is a narcotic drug, may be fined not more than $25,000 or imprisoned for not more than 15 22 years and 6 months or both.

AB351, s. 195 Section 195. 961.41 (1) (b) of the statutes is amended to read:

AB351,71,16 961.41 (1) (b) Except as provided in pars. (cm) and (e) to (h), any other controlled substance included in schedule I, II or III, or a controlled substance analog of any other controlled substance included in schedule I or II, may be fined not more than $15,000 or imprisoned for not more than 5 7 years and 6 months or both.

AB351, s. 196 Section 196. 961.41 (1) (cm) 1. of the statutes is amended to read:

AB351,71,19 961.41 (1) (cm) 1. Five grams or less, the person shall be fined not more than $500,000 and may be imprisoned for not more than 10 15 years.

AB351, s. 197 Section 197. 961.41 (1) (cm) 2. of the statutes is amended to read:

AB351,71,23 961.41 (1) (cm) 2. More than 5 grams but not more than 15 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than one year nor more than 15 22 years and 6 months.

AB351, s. 198 Section 198. 961.41 (1) (cm) 3. of the statutes is amended to read:

AB351,72,3 961.41 (1) (cm) 3. More than 15 grams but not more than 40 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 3 years nor more than 20 30 years.

AB351, s. 199 Section 199. 961.41 (1) (cm) 4. of the statutes is amended to read:

AB351,72,7 961.41 (1) (cm) 4. More than 40 grams but not more than 100 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 5 years nor more than 30 45 years.

AB351, s. 200 Section 200. 961.41 (1) (cm) 5. of the statutes is amended to read:

AB351,72,11 961.41 (1) (cm) 5. More than 100 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 10 years nor more than 30 45 years.

AB351, s. 201 Section 201. 961.41 (1) (d) 1. of the statutes is amended to read:

AB351,72,15 961.41 (1) (d) 1. Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 15 22 years and 6 months.

AB351, s. 202 Section 202. 961.41 (1) (d) 2. of the statutes is amended to read:

AB351,72,19 961.41 (1) (d) 2. More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 15 22 years and 6 months.

AB351, s. 203 Section 203. 961.41 (1) (d) 3. of the statutes is amended to read:

AB351,72,23 961.41 (1) (d) 3. More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 22 years and 6 months.

AB351, s. 204 Section 204. 961.41 (1) (d) 4. of the statutes is amended to read:

AB351,73,3 961.41 (1) (d) 4. More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 15 22 years and 6 months.

AB351, s. 205 Section 205. 961.41 (1) (d) 5. of the statutes is amended to read:

AB351,73,7 961.41 (1) (d) 5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 15 22 years and 6 months.

AB351, s. 206 Section 206. 961.41 (1) (d) 6. of the statutes is amended to read:

AB351,73,11 961.41 (1) (d) 6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years nor more than 30 45 years.

AB351, s. 207 Section 207. 961.41 (1) (e) 1. of the statutes is amended to read:

AB351,73,15 961.41 (1) (e) 1. Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 5 7 years and 6 months.

AB351, s. 208 Section 208. 961.41 (1) (e) 2. of the statutes is amended to read:

AB351,73,19 961.41 (1) (e) 2. More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 5 7 years and 6 months.

AB351, s. 209 Section 209. 961.41 (1) (e) 3. of the statutes is amended to read:

AB351,73,23 961.41 (1) (e) 3. More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 22 years and 6 months.

AB351, s. 210 Section 210. 961.41 (1) (e) 4. of the statutes is amended to read:

AB351,74,3 961.41 (1) (e) 4. More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 15 22 years and 6 months.

AB351, s. 211 Section 211. 961.41 (1) (e) 5. of the statutes is amended to read:

AB351,74,7 961.41 (1) (e) 5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 15 22 years and 6 months.

AB351, s. 212 Section 212. 961.41 (1) (e) 6. of the statutes is amended to read:

AB351,74,11 961.41 (1) (e) 6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years nor more than 30 45 years.

AB351, s. 213 Section 213. 961.41 (1) (f) 1. of the statutes is amended to read:

AB351,74,15 961.41 (1) (f) 1. One gram or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 5 7 years and 6 months.

AB351, s. 214 Section 214. 961.41 (1) (f) 2. of the statutes is amended to read:

AB351,74,19 961.41 (1) (f) 2. More than one gram but not more than 5 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 5 7 years and 6 months.

AB351, s. 215 Section 215. 961.41 (1) (f) 3. of the statutes is amended to read:

AB351,74,23 961.41 (1) (f) 3. More than 5 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 22 years and 6 months.

AB351, s. 216 Section 216. 961.41 (1) (g) 1. of the statutes is amended to read:

AB351,75,3 961.41 (1) (g) 1. One hundred grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 5 7 years and 6 months.

AB351, s. 217 Section 217. 961.41 (1) (g) 2. of the statutes is amended to read:

AB351,75,7 961.41 (1) (g) 2. More than 100 grams but not more than 500 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 5 7 years and 6 months.

AB351, s. 218 Section 218. 961.41 (1) (g) 3. of the statutes is amended to read:

AB351,75,11 961.41 (1) (g) 3. More than 500 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 22 years and 6 months.

AB351, s. 219 Section 219. 961.41 (1) (h) 1. of the statutes is amended to read:

AB351,75,15 961.41 (1) (h) 1. Five hundred grams or less, or 10 or fewer plants containing tetrahydrocannabinols, the person shall be fined not less than $500 nor more than $25,000 and may be imprisoned for not more than 3 4 years and 6 months.

AB351, s. 220 Section 220. 961.41 (1) (h) 2. of the statutes is amended to read:

AB351,75,21 961.41 (1) (h) 2. More than 500 grams but not more than 2,500 grams, or more than 10 plants containing tetrahydrocannabinols but not more than 50 plants containing tetrahydrocannabinols, the person shall be fined not less than $1,000 nor more than $50,000 and shall be imprisoned for not less than 3 months nor more than 5 7 years and 6 months.

AB351, s. 221 Section 221. 961.41 (1) (h) 3. of the statutes is amended to read:

AB351,76,2 961.41 (1) (h) 3. More than 2,500 grams, or more than 50 plants containing tetrahydrocannabinols, the person shall be fined not less than $1,000 nor more than $100,000 and shall be imprisoned for not less than one year nor more than 10 15 years.

AB351, s. 222 Section 222. 961.41 (1) (i) of the statutes is amended to read:

AB351,76,5 961.41 (1) (i) A substance included in schedule IV, may be fined not more than $10,000 or imprisoned for not more than 3 4 years and 6 months or both.

AB351, s. 223 Section 223. 961.41 (1) (j) of the statutes is amended to read:

AB351,76,8 961.41 (1) (j) A substance included in schedule V, may be fined not more than $5,000 or imprisoned for not more than one year 2 years or both.

AB351, s. 224 Section 224. 961.41 (1m) (a) of the statutes is amended to read:

AB351,76,14 961.41 (1m) (a) Except as provided in par. (d), a controlled substance included in schedule I or II which is a narcotic drug or a controlled substance analog of a controlled substance included in schedule I or II which is a narcotic drug, may be fined not more than $25,000 or imprisoned for not more than 15 22 years and 6 months or both.

AB351, s. 225 Section 225. 961.41 (1m) (b) of the statutes is amended to read:

AB351,76,19 961.41 (1m) (b) Except as provided in pars. (cm) and (e) to (h), any other controlled substance included in schedule I, II or III, or a controlled substance analog of any other controlled substance included in schedule I or II, may be fined not more than $15,000 or imprisoned for not more than 5 7 years and 6 months or both.

AB351, s. 226 Section 226. 961.41 (1m) (cm) 1. of the statutes is amended to read:

AB351,76,22 961.41 (1m) (cm) 1. Five grams or less, the person shall be fined not more than $500,000 and may be imprisoned for not more than 10 15 years.

AB351, s. 227 Section 227. 961.41 (1m) (cm) 2. of the statutes is amended to read:

AB351,77,3 961.41 (1m) (cm) 2. More than 5 grams but not more than 15 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than one year nor more than 15 22 years and 6 months.

AB351, s. 228 Section 228. 961.41 (1m) (cm) 3. of the statutes is amended to read:

AB351,77,7 961.41 (1m) (cm) 3. More than 15 grams but not more than 40 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 3 years nor more than 20 30 years.