AB296: Bill Text

AB296, s. 115 Section 115. 165.76 (2) (b) 2. of the statutes is amended to read:

AB296,40,8 165.76 (2) (b) 2. If the person has been sentenced to prison or placed in a secured correctional facility or a secured child caring institution, he or she shall provide the specimen under par. (a) at the office of a county sheriff as soon as practicable after release on parole, extended supervision or aftercare supervision, as directed by his or her probation, extended supervision and parole agent or aftercare agent, except that the department of corrections may require the person to provide the specimen while he or she is in prison or in a secured correctional facility or a secured child caring institution.

AB296, s. 116 Section 116. 165.76 (2) (b) 3m. of the statutes is amended to read:

AB296,40,14 165.76 (2) (b) 3m. If the person is on parole, extended supervision or probation in this state from another state under s. 304.13 or 304.135, he or she shall provide the specimen under par. (a) at the office of a county sheriff as soon as practicable after entering this state, as directed by his or her probation, extended supervision and parole agent.

AB296, s. 117 Section 117. 165.76 (2) (b) 5. of the statutes is amended to read:

AB296,40,21 165.76 (2) (b) 5. Notwithstanding subds. 1. to 3., for persons who are subject to sub. (1) and who are in prison, a secured correctional facility or a secured child caring institution or on probation, extended supervision, parole, supervision or aftercare supervision on August 12, 1993, the departments of justice, corrections and health and family services shall cooperate to have these persons provide specimens under par. (a) before July 1, 1998.

AB296, s. 118 Section 118. 165.76 (2) (b) 6. of the statutes is amended to read:

AB296,41,2 165.76 (2) (b) 6. Notwithstanding subd. 3m., for a person who is subject to sub. (1) (e) and who is on parole, extended supervision or probation in this state from another state on July 9, 1996, the department of justice and the department of corrections shall cooperate to have these persons provide specimens under par. (a) before July 1, 2000.

AB296, s. 119 Section 119. 165.84 (5) of the statutes is amended to read:

AB296,41,10 165.84 (5) All persons in charge of law enforcement and tribal law enforcement agencies, all clerks of court, all municipal judges where they have no clerks, all persons in charge of state and county penal and correctional institutions, and all persons in charge of state and county probation, extended supervision and parole offices, shall supply the department with the information described in s. 165.83 (2) (f) on the basis of the forms and instructions to be supplied by the department under s. 165.83 (2) (g).

AB296, s. 120 Section 120. 166.20 (11) (b) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,41,14 166.20 (11) (b) 1. For the first offense, be fined not less than $100 nor more than $25,000 or imprisoned for not more than 2 years or both.

AB296, s. 121 Section 121. 166.20 (11) (b) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,41,18 166.20 (11) (b) 2. For the 2nd and subsequent offenses, be fined not less than $200 nor more than $50,000 or imprisoned for not more than 2 years or both.

AB296, s. 122 Section 122. 167.10 (9) (g) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,41,23 167.10 (9) (g) Whoever violates sub. (6m) (a), (b) or (c) or a rule promulgated under sub. (6m) (e) may be fined not more than $10,000 or imprisoned for not more than 10 years or both.

AB296, s. 123 Section 123. 175.20 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,42,4 175.20 (3) Any person who violates any of the provisions of this section shall be fined not less than $25 nor more than $1,000 and may be imprisoned for not less than 30 days nor more than one year or both. In addition, the court may revoke the license or licenses of the person or persons convicted.

AB296, s. 124 Section 124. 180.0129 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,42,8 180.0129 (2) Whoever violates this section may be fined not more than $10,000 or imprisoned for not more than 2 years or both.

AB296, s. 125 Section 125. 181.0129 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,42,12 181.0129 (2) Penalty. Whoever violates this section may be fined not more than $10,000 or imprisoned for not more than 2 years or both.

AB296, s. 126 Section 126. 185.825 of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,42,17 185.825 Penalty for false document. Whoever causes a document to be filed, knowing it to be false in any material respect, may be fined not more than $1,000 or imprisoned for not more than 3 years or both.

AB296, s. 127 Section 127. 200.09 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,43,2 200.09 (2) Every director, president, secretary or other official or agent of any public service corporation, who shall practice fraud or knowingly make any false statement to secure a certificate of authority to issue any security, or issue under a certificate so obtained and with knowledge of such fraud, or false statement, or negotiate, or cause to be negotiated, any security, in violation of this chapter, shall be fined not less than $500 or imprisoned in the state prison for not less than one nor more than 10 years or both.

AB296, s. 128 Section 128. 214.93 of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,43,9 214.93 False statements. A person may not knowingly make, cause, or allow another person to make or cause to be made, a false statement, under oath if required by this chapter or on any report or statement required by the division or by this chapter. In addition to any forfeiture under s. 214.935, a person who violates this section may be imprisoned for not more than 20 years.

AB296, s. 129 Section 129. 215.02 (6) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,43,20 215.02 (6) (b) If any person mentioned in par. (a) discloses the name of any debtor of any association or any information about the private account or transactions of such association, discloses any fact obtained in the course of any examination of any association, or discloses examination or other confidential information obtained from any state or federal regulatory authority, including an authority of this state or another state, for financial institutions, mortgage bankers, insurance or securities, except as provided in par. (a), he or she shall forfeit his or her office or position and may be fined not less than $100 nor more than $1,000 or imprisoned for not less than 6 months nor more than 2 years or both.

AB296, s. 130 Section 130. 215.12 of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,44,8 215.12 Penalty for dishonest acts; falsification of records. Every officer, director, employe or agent of any association who steals, abstracts, or wilfully misapplies any property of the association, whether owned by it or held in trust, or who, without authority, issues or puts forth any certificate of savings accounts, assigns any note, bond, mortgage, judgment or decree, or, who makes any false entry in any book, record, report or statement of the association with intent to injure or defraud the association or any person or corporation, or to deceive any officer or director of the association, or any other person, or any agent appointed to examine the affairs of such association, or any person who, with like intent, aids or abets any officer, director, employe or agent in the violation of this section, shall be imprisoned in the Wisconsin state prisons for not more than 20 years.

AB296, s. 131 Section 131. 215.21 (21) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,44,21 215.21 (21) Penalty for giving or accepting money for loans. Every officer, director, employe or agent of any association, or any appraiser making appraisals for any association, who accepts or receives, or offers or agrees to accept or receive anything of value in consideration of its loaning any money to any person; or any person who offers, gives, presents or agrees to give or present anything of value to any officer, director, employe or agent of any association or to any appraiser making appraisals for any association in consideration of its loaning money to the person, shall be fined not more than $10,000 or imprisoned for not more than 2 years or both. Nothing in this subsection prohibits an association from employing an officer, employe or agent to solicit mortgage loans and to pay the officer, employe or agent on a fee basis.

AB296, s. 132 Section 132. 218.21 (7) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,45,3 218.21 (7) Any person who knowingly makes a false statement in an application for a motor vehicle salvage dealer license may be fined not more than $5,000 or imprisoned for not more than 5 years or both.

AB296, s. 133 Section 133. 220.06 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,45,12 220.06 (2) If any employe in the division or any member of the banking review board or any employe thereof discloses the name of any debtor of any bank or licensee, or anything relative to the private account or transactions of such bank or licensee, or any fact obtained in the course of any examination of any bank or licensee, except as herein provided, that person shall be subject, upon conviction, to forfeiture of office or position and may be fined not less than $100 nor more than $1,000 or imprisoned for not less than 6 months nor more than 2 years or both.

AB296, s. 134 Section 134. 221.0625 (2) (intro.) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,45,17 221.0625 (2) Penalty. (intro.) An officer or director of a bank who, in violation of this section, directly or indirectly does any of the following may be imprisoned for not more than 10 years:

AB296, s. 135 Section 135. 221.0636 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,45,21 221.0636 (2) Penalty. Any person who violates sub. (1) may be imprisoned for not more than 20 years.

AB296, s. 136 Section 136. 221.0637 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,45,25 221.0637 (2) Penalties. Any person who violates sub. (1) may be fined not more than $10,000 or imprisoned for not more than 2 years or both.

AB296, s. 137 Section 137. 221.1004 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,46,5 221.1004 (2) Penalties. Any person who violates sub. (1) may be fined not less than $1,000 nor more than $5,000 or imprisoned for not less than one year nor more than 10 years or both.

AB296, s. 138 Section 138. 227.03 (4) of the statutes is amended to read:

AB296,46,12 227.03 (4) The provisions of this chapter relating to contested cases do not apply to proceedings involving the revocation of aftercare supervision under s. 48.366 (5) or 938.357 (5), the revocation of parole, extended supervision or probation, the grant of probation, prison discipline, mandatory release under s. 302.11 or any other proceeding involving the care and treatment of a resident or an inmate of a correctional institution.

AB296, s. 139 Section 139. 230.36 (1) of the statutes is amended to read:

AB296,47,21 230.36 (1) If a conservation warden, conservation patrol boat captain, conservation patrol boat engineer, state forest ranger, conservation field employe of the department of natural resources who is subject to call for fire control duty, member of the state patrol, state motor vehicle inspector, lifeguard, excise tax investigator employed by the department of revenue, special criminal investigation agent employed by the department of justice, special tax agent, state drivers' license examiner, state fair park police officer, University of Wisconsin System police officer and other state facilities police officer and patrol officer, security officer, watcher, engineer, engineering aide, building construction superintendent, fire fighter employed at the Wisconsin Veterans Home, or guard or institutional aide or a state probation, extended supervision and parole officer or any other employe whose duties include supervision and discipline of inmates or wards of the state at a state penal institution, including a secured correctional facility, as defined in s. 938.02 (15m), or while on parole supervision or extended supervision outside of the confines of the institutions, or supervision of persons placed on probation by a court of record, or supervision and care of patients at a state mental institution, and the University of Wisconsin Hospitals and Clinics suffers injury while in the performance of his or her duties, as defined in subs. (2) and (3); or any other state employe who is not listed in this subsection and who is ordered by his or her appointing authority to accompany any employe listed in this subsection while the listed employe is engaged in the duties defined in sub. (3), or any other state employe who is not listed in this subsection and who is ordered by his or her appointing authority to perform the duties, when permitted, in lieu of the listed employe and while so engaged in the duties defined in sub. (3), suffers injury as defined in sub. (2) the employe shall continue to be fully paid by the employing agency upon the same basis as paid prior to the injury, with no reduction in sick leave credits, compensatory time for overtime accumulations or vacation and no reduction in the rate of earning sick leave credit or vacation. The full pay shall continue while the employe is unable to return to work as the result of the injury or until the termination of his or her employment upon recommendation of the appointing authority. At any time during the employe's period of disability the appointing authority may order physical or medical examinations to determine the degree of disability at the expense of the employing agency.

AB296, s. 140 Section 140. 230.36 (3) (c) (intro.) of the statutes is amended to read:

AB296,48,2 230.36 (3) (c) (intro.) A guard, institution aide, or other employe at the University of Wisconsin Hospitals and Clinics or at a state penal or mental institution, including a secured correctional facility, as defined in s. 938.02 (15m), and a state probation, extended supervision and parole officer, at all times while:

AB296, s. 141 Section 141. 230.36 (3) (c) 2. of the statutes is amended to read:

AB296,48,6 230.36 (3) (c) 2. In the process of restraining patients, inmates, probationers, or parolees or persons on extended supervision and apprehending runaways or escapees, including probationers, and parolees and persons on extended supervision;

AB296, s. 142 Section 142. 230.36 (3) (c) 3. of the statutes is amended to read:

AB296,48,9 230.36 (3) (c) 3. When injury is occasioned as the result of an act by a patient, inmate, probationer, or parolee or person on extended supervision;

AB296, s. 143 Section 143. 253.06 (4) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,48,15 253.06 (4) (b) A person who violates any provision of this subsection may be fined not more than $10,000 or imprisoned for not more than 2 years, or both, for the first offense and may be fined not more than $10,000 or imprisoned for not more than 5 years, or both, for the 2nd or subsequent offense.

AB296, s. 144 Section 144. 285.87 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,48,20 285.87 (2) (b) If the conviction under par. (a) is for a violation committed after another conviction under par. (a), the person shall be fined not more than $50,000 per day of violation or imprisoned for not more than 2 years or both.

AB296, s. 145 Section 145. 291.97 (2) (b) (intro.) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,48,25 291.97 (2) (b) (intro.) Any person who wilfully does any of the following shall be fined not less than $1,000 nor more than $100,000 or imprisoned for not more than 5 years or both:

AB296, s. 146 Section 146. 291.97 (2) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,49,5 291.97 (2) (c) 1. For a 2nd or subsequent violation under par. (a), a person shall be fined not less than $1,000 nor more than $50,000 or imprisoned for not more than one year or both.

AB296,49,8 2. For a 2nd or subsequent violation under par. (b), a person shall be fined not less than $5,000 nor more than $150,000 or imprisoned for not more than 10 years or both.

AB296, s. 147 Section 147. 299.53 (4) (c) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,49,15 299.53 (4) (c) 2. Any person who intentionally makes any false statement or representation in complying with sub. (2) (a) shall be fined not more than $25,000 or imprisoned for not more than one year in the county jail or both. For a 2nd or subsequent violation, the person shall be fined not more than $50,000 or imprisoned for not more than 2 years or both.

AB296, s. 148 Section 148. 301.03 (2r) of the statutes is amended to read:

AB296,49,18 301.03 (2r) Conduct drug testing of prospective parolees or persons to be placed on extended supervision who have undergone treatment while in state prison.

AB296, s. 149 Section 149. 301.03 (3) of the statutes is amended to read:

AB296,50,4 301.03 (3) Administer parole, extended supervision and probation matters, except that the decision to grant or deny parole to inmates shall be made by the parole commission and the decision to revoke probation, extended supervision or parole in cases in which there is no waiver of the right to a hearing shall be made by the division of hearings and appeals in the department of administration. The secretary may grant special action parole releases under s. 304.02. The department shall promulgate rules establishing a drug testing program for probationers, and parolees and persons placed on extended supervision. The rules shall provide for assessment of fees upon probationers, and parolees and persons placed on extended supervision to partially offset the costs of the program.

AB296, s. 150 Section 150. 301.03 (3g) of the statutes is amended to read:

AB296,50,7 301.03 (3g) Provide treatment for alcoholics and intoxicated persons on parole or extended supervision.

AB296, s. 151 Section 151. 301.03 (13) of the statutes is amended to read:

AB296,50,11 301.03 (13) Annually notify each person who has been discharged from probation, extended supervision or parole and who owed any supervision fees at the time of discharge of any supervision fees owed by the person to the department.

AB296, s. 152 Section 152. 301.046 (3) (intro.) of the statutes is amended to read:

AB296,50,16 301.046 (3) Eligibility. (intro.) The department shall determine those prisoners who are confined under sub. (1). Except as provided in subs. sub. (3m) and (3t), a prisoner is eligible for this confinement only under all of the following conditions:

AB296, s. 153 Section 153. 301.046 (3t) of the statutes is repealed.

AB296, s. 154 Section 154. 301.048 (1) (a) of the statutes is amended to read:

AB296,50,21 301.048 (1) (a) Punishment that is less costly than ordinary imprisonment and more restrictive than ordinary probation or parole supervision or extended supervision.

AB296, s. 155 Section 155. 301.048 (2) (b) of the statutes is amended to read:

AB296,51,2 301.048 (2) (b) He or she is a prisoner serving a felony sentence not punishable by life imprisonment and the department directs him or her to participate in the program. This paragraph does not apply to a prisoner serving a bifurcated sentence imposed under s. 973.01.

AB296, s. 156 Section 156. 301.048 (2) (cm) of the statutes is repealed.

AB296, s. 157 Section 157. 301.048 (2) (d) of the statutes is amended to read:

AB296,51,7 301.048 (2) (d) The department and the person agree to his or her participation in the program as an alternative to revocation of probation, extended supervision or parole.

AB296, s. 158 Section 158. 301.048 (2m) of the statutes is repealed.

AB296, s. 159 Section 159. 301.048 (4) (a) of the statutes is amended to read:

AB296,51,18 301.048 (4) (a) A participant is in the custody and under the control of the department, subject to its rules and discipline. A participant entering the program under sub. (2) (a) or (b) is a prisoner. A participant entering the program under sub. (2) (c) is a prisoner, except that he or she is a parolee for purposes of revocation. A participant entering the program under sub. (2) (cm) is a prisoner, except that he or she remains a person on extended supervision for purposes of revocation. A participant entering the program under sub. (2) (d) is a prisoner, except that he or she remains a probationer, or parolee or person on extended supervision, whichever is applicable, for purposes of revocation.

AB296, s. 160 Section 160. 301.048 (4) (am) of the statutes is amended to read: