AB296: Bill Text

AB296, s. 281 Section 281. 450.15 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,81,25 450.15 (2) Any person who violates this section may be fined not less than $100 nor more than $1,000 or imprisoned for not less than one year nor more than 5 years or both.

AB296, s. 282 Section 282. 551.58 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,82,9 551.58 (1) Any person who wilfully violates any provision of this chapter except s. 551.54, or any rule under this chapter, or any order of which the person has notice, or who violates s. 551.54 knowing or having reasonable cause to believe that the statement made was false or misleading in any material respect, may be fined not more than $5,000 or imprisoned for not more than 5 years or both. Each of the acts specified shall constitute a separate offense and a prosecution or conviction for any one of such offenses shall not bar prosecution or conviction for any other offense.

AB296, s. 283 Section 283. 552.19 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,82,17 552.19 (1) Any person, including a controlling person of an offer or target company, who wilfully violates this chapter or any rule under this chapter, or any order of which the person has notice, may be fined not more than $5,000 or imprisoned for not more than 5 years or both. Each of the acts specified constitutes a separate offense and a prosecution or conviction for any one of the offenses does not bar prosecution or conviction for any other offense.

AB296, s. 284 Section 284. 553.52 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,83,2 553.52 (1) Any person who wilfully violates s. 553.41 (2) to (5) or any order of which the person has notice, or who violates s. 553.41 (1) knowing or having reasonable cause to believe either that the statement made was false or misleading in any material respect or that the failure to report a material event under s. 553.31 (1) was false or misleading in any material respect, may be fined not more than $5,000 or imprisoned for not more than 5 years or both. Each of the acts specified is a separate offense, and a prosecution or conviction for any one of those offenses does not bar prosecution or conviction for any other offense.

AB296, s. 285 Section 285. 553.52 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,83,10 553.52 (2) Any person who employs, directly or indirectly, any device, scheme or artifice to defraud in connection with the offer or sale of any franchise or engages, directly or indirectly, in any act, practice, or course of business that operates or would operate as a fraud or deceit upon any person in connection with the offer or sale of any franchise shall be fined not more than $5,000 or imprisoned for not more than 5 years or both.

AB296, s. 286 Section 286. 562.13 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,83,14 562.13 (3) Whoever violates s. 562.11 (2) or (3) may be fined not more than $10,000 or imprisoned for not more than 2 years or both.

AB296, s. 287 Section 287. 562.13 (4) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,83,18 562.13 (4) Whoever violates s. 562.09, 562.105, 562.11 (4) or 562.12 may be fined not more than $10,000 or imprisoned for not more than 5 years or both.

AB296, s. 288 Section 288. 563.14 (2) of the statutes is amended to read:

AB296,83,24 563.14 (2) The supervising member and member responsible for the proper utilization of gross receipts are active members of the applicant organization who, subject to ss. 111.321, 111.322 and 111.335, have never been convicted of a felony or, if convicted, have received a pardon or have been released from parole , extended supervision or probation for at least 5 years.

AB296, s. 289 Section 289. 563.27 (1) of the statutes is amended to read:

AB296,84,3 563.27 (1) Subject to ss. 111.321, 111.322 and 111.335, a person convicted of a felony who has not received a pardon or has not been released from parole, extended supervision or probation for at least 5 years.

AB296, s. 290 Section 290. 563.51 (29) (b) of the statutes is amended to read:

AB296,84,7 563.51 (29) (b) Subject to ss. 111.321, 111.322 and 111.335, has never been convicted of a felony or, if convicted, has been pardoned or released from probation, extended supervision or parole for at least 5 years.

AB296, s. 291 Section 291. 565.50 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,84,12 565.50 (2) Any person who alters or forges a lottery ticket or share or intentionally utters or transfers an altered or forged lottery ticket or share shall be fined not more than $10,000 or imprisoned for not more than 5 years or both.

AB296, s. 292 Section 292. 565.50 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,84,17 565.50 (3) Any person who possesses an altered or forged lottery ticket or share with intent to defraud shall be fined not more than $10,000 or imprisoned for not more than 2 years or both.

AB296, s. 293 Section 293. 601.64 (4) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,85,2 601.64 (4) Criminal penalty. Whoever intentionally violates or intentionally permits any person over whom he or she has authority to violate or intentionally aids any person in violating any insurance statute or rule of this state, s. 149.13 or 149.144 or any effective order issued under s. 601.41 (4) may, unless a specific penalty is provided elsewhere in the statutes, be fined not more than $10,000 if a corporation or if a natural person be fined not more than $5,000 or imprisoned for not more than 3 years or both. Intent has the meaning expressed under s. 939.23.

AB296, s. 294 Section 294. 641.19 (4) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,85,10 641.19 (4) (a) Any person who wilfully violates or fails to comply with any provision of this chapter or the rules promulgated thereunder or who, knowingly, makes a false statement, a false representation of a material fact, or who fails to disclose a material fact in any registration, examination, statement or report required under this chapter or the rules promulgated thereunder, may be fined not more than $5,000 or imprisoned for not more than 5 years or both.

AB296, s. 295 Section 295. 641.19 (4) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,85,17 641.19 (4) (b) Any person who embezzles, steals, or unlawfully and wilfully abstracts or converts to his or her own use or to the use of another, any of the moneys, funds, securities, premiums, credits, property, or other assets of any employe welfare fund, or of any fund connected therewith, shall be fined not more than $10,000 or imprisoned for not more than 5 years or both.

AB296, s. 296 Section 296. 765.30 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,85,21 765.30 (1) (intro.)  The following shall be fined not less than $200 nor more than $1,000 or imprisoned for not more than one year or both:

AB296, s. 297 Section 297. 765.30 (2) (intro.) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,85,25 765.30 (2) (intro.)  The following shall be fined not less than $100 nor more than $1,000 or imprisoned for not more than one year or both:

AB296, s. 298 Section 298. 768.07 of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,86,5 768.07 Penalty. Any person who violates any provision of this chapter may be fined not less than $100 nor more than $1,000 or imprisoned for not more than one year or both.

AB296, s. 299 Section 299. 783.07 of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,86,14 783.07 Fine or imprisonment. Whenever a peremptory mandamus shall be directed to any public officer, body, board or person, commanding the performance of any duty specially enjoined by law, if it shall appear to the court that such officer or person or any member of such body or board has, without just excuse, refused or neglected to perform the duty so enjoined, the court may impose a fine, not exceeding $5,000, upon every such officer, person or member of such body or board, or sentence the officer, person or member to imprisonment for not more than 5 years.

AB296, s. 300 Section 300. 801.50 (5) of the statutes is amended to read:

AB296,86,19 801.50 (5) Venue of an action to review a probation , extended supervision or parole revocation or a refusal of parole by certiorari shall be the county in which the relator was last convicted of an offense for which the relator was on probation, extended supervision or parole or for which the relator is currently incarcerated.

AB296, s. 301 Section 301. 807.15 (2) (intro.) of the statutes is amended to read:

AB296,87,2 807.15 (2) (intro.) In any action or special proceeding, including a petition for a common law writ of certiorari, brought by a prisoner, the court may, on its own motion or on the motion of any party, order the department of corrections to extend the prisoner's mandatory release date calculated under s. 302.11 (1) or the prisoner's eligibility for release to extended supervision under s. 302.113 (3) (bm) or 302.114 (3) (c) or order the sheriff to deprive the prisoner of good time under s. 302.43 if the court finds that any of the following applies:

AB296, s. 302 Section 302. 807.15 (3) (a) of the statutes is amended to read:

AB296,87,9 807.15 (3) (a) Subject to pars. par. (b) and (c), if a court orders the department of corrections to extend a prisoner's mandatory release date or eligibility for release to extended supervision or orders the sheriff to deprive the prisoner of good time under sub. (2), the order shall specify the number of days by which the mandatory release date or eligibility for release to extended supervision is to be extended or the good time deprived.

AB296, s. 303 Section 303. 807.15 (3) (c) of the statutes is repealed.

AB296, s. 304 Section 304. 938.183 (3) of the statutes is amended to read:

AB296,87,19 938.183 (3) When a juvenile who is subject to a criminal penalty under sub. (1m) or (2) attains the age of 17 years, the department may place the juvenile in a state prison named in s. 302.01. If a juvenile who is subject to a criminal penalty under sub. (1m) or (2) is 15 years of age or over, the department may transfer the juvenile to the Racine youthful offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d). A juvenile who is subject to a criminal penalty under sub. (1m) or (2) for an act committed before December 31, 1999, is eligible for parole under s. 304.06.

AB296, s. 305 Section 305. 938.78 (2) (d) 5. of the statutes is amended to read:

AB296,87,22 938.78 (2) (d) 5. On parole under s. 302.11 or ch. 304 or on extended supervision under s. 302.113 or 302.114.

AB296, s. 306 Section 306. 938.991 (1) of the statutes is amended to read:

AB296,88,16 938.991 (1) Article I - Findings and Purposes. That juveniles who are not under proper supervision and control, or who have absconded, escaped or run away, are likely to endanger their own health, morals and welfare, and the health, morals and welfare of others. The cooperation of the states party to this compact is therefore necessary to provide for the welfare and protection of juveniles and of the public with respect to (1) cooperative supervision of delinquent juveniles on probation, extended supervision or parole; (2) the return, from one state to another, of delinquent juveniles who have escaped or absconded; (3) the return, from one state to another, of nondelinquent juveniles who have run away from home; and (4) additional measures for the protection of juveniles and of the public, which any 2 or more of the party states may find desirable to undertake cooperatively. In carrying out the provisions of this compact the party states shall be guided by the noncriminal, reformative and protective policies which guide their laws concerning delinquent, neglected or dependent juveniles generally. It shall be the policy of the states party to this compact to cooperate and observe their respective responsibilities for the prompt return and acceptance of juveniles and delinquent juveniles who become subject to the provisions of this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the foregoing purposes.

AB296, s. 307 Section 307. 938.991 (3) (c) of the statutes is amended to read:

AB296,88,19 938.991 (3) (c) "Probation, extended supervision or parole" means any kind of conditional release of juveniles authorized under the laws of the states party hereto.

AB296, s. 308 Section 308. 938.991 (5) (a) of the statutes is amended to read:

AB296,90,5 938.991 (5) (a) That the appropriate person or authority from whose probation, extended supervision or parole supervision a delinquent juvenile has absconded or from whose institutional custody the delinquent juvenile has escaped shall present to the appropriate court or to the executive authority of the state where the delinquent juvenile is alleged to be located a written requisition for the return of the delinquent juvenile. The requisition shall state the name and age of the delinquent juvenile, the particulars of that person's adjudication as a delinquent juvenile, the circumstances of the breach of the terms of the delinquent juvenile's probation, extended supervision or parole or of the delinquent juvenile's escape from an institution or agency vested with legal custody or supervision of the delinquent juvenile, and the location of the delinquent juvenile, if known, at the time the requisition is made. The requisition shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied by 2 certified copies of the judgment, formal adjudication, or order of commitment which subjects the delinquent juvenile to probation, extended supervision or parole or to the legal custody of the institution or agency concerned. Further affidavits and other documents as may be deemed proper may be submitted with the requisition. One copy of the requisition shall be filed with the compact administrator of the demanding state, there to remain on file subject to the provisions of law governing records of the appropriate court. Upon the receipt of a requisition demanding the return of a delinquent juvenile who has absconded or escaped, the court or the executive authority to whom the requisition is addressed shall issue an order to any peace officer or other appropriate person directing that person to take into custody and detain the delinquent juvenile. The detention order must substantially recite the facts necessary to the validity of its issuance hereunder. No delinquent juvenile detained upon a detention order shall be delivered over to the officer whom the appropriate person or authority demanding the delinquent juvenile shall have appointed to receive the delinquent juvenile, unless the delinquent juvenile shall first be taken forthwith before a judge of an appropriate court in the state, who shall inform the delinquent juvenile of the demand made for the return of the delinquent juvenile and who may appoint counsel or guardian ad litem for the delinquent juvenile. If the judge shall find that the requisition is in order, the judge shall deliver the delinquent juvenile over to the officer whom the appropriate person or authority demanding shall have appointed to receive the delinquent juvenile. The judge, however, may fix a reasonable time to be allowed for the purpose of testing the legality of the proceeding.

AB296, s. 309 Section 309. 938.991 (5) (am) of the statutes is amended to read:

AB296,91,8 938.991 (5) (am) Upon reasonable information that a person is a delinquent juvenile who has absconded while on probation, extended supervision or parole, or escaped from an institution or agency vested with legal custody or supervision of the person in any state party to this compact, the person may be taken into custody in any other state party to this compact without a requisition. In that event, the person must be taken forthwith before a judge of the appropriate court, who may appoint counsel or guardian ad litem for the person and who shall determine, after a hearing, whether sufficient cause exists to hold the person subject to the order of the court for a time, not exceeding 90 days, as will enable the person's detention under a detention order issued on a requisition pursuant to this subsection. If, at the time when a state seeks the return of a delinquent juvenile who has either absconded while on probation, extended supervision or parole or escaped from an institution or agency vested with legal custody or supervision of the delinquent juvenile, there is pending in the state wherein the delinquent juvenile is detained any criminal charge or any proceeding to have the delinquent juvenile adjudicated a delinquent juvenile for an act committed in that state, or if the delinquent juvenile is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, the delinquent juvenile shall not be returned without the consent of that state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredited officers of any state party to this compact, upon the establishment of the officers' authority and the identity of the delinquent juvenile being returned, shall be permitted to transport the delinquent juvenile through any and all states party to this compact, without interference. Upon the return of the delinquent juvenile to the state from which the delinquent juvenile escaped or absconded, the delinquent juvenile shall be subject to such further proceedings as may be appropriate under the laws of that state.

AB296, s. 310 Section 310. 938.991 (6) of the statutes is amended to read:

AB296,92,10 938.991 (6) Article VI - Voluntary Return Procedure. That any delinquent juvenile who has absconded while on probation, extended supervision or parole, or escaped from an institution or agency vested with legal custody or supervision of the delinquent juvenile in any state party to this compact, and any juvenile who has run away from any state party to this compact, who is taken into custody without a requisition in another state party to this compact under sub. (4) (a) or (5) (a), may consent to his or her immediate return to the state from which the juvenile or delinquent juvenile absconded, escaped or ran away. Consent shall be given by the juvenile or delinquent juvenile and his or her counsel or guardian ad litem, if any, by executing or subscribing a writing, in the presence of a judge of the appropriate court, which states that the juvenile or delinquent juvenile and his or her counsel or guardian ad litem, if any, consent to the return of the juvenile or delinquent juvenile to the demanding state. Before the consent shall be executed or subscribed, however, the judge, in the presence of counsel or guardian ad litem, if any, shall inform the juvenile or delinquent juvenile of his or her rights under this compact. When the consent has been duly executed, it shall be forwarded to and filed with the compact administrator of the state in which the court is located and the judge shall direct the officer having the juvenile or delinquent juvenile in custody to deliver the juvenile or delinquent juvenile to the duly accredited officer or officers of the state demanding the return of the juvenile or delinquent juvenile, and shall cause to be delivered to the officer or officers a copy of the consent. The court may, however, upon the request of the state to which the juvenile or delinquent juvenile is being returned, order the juvenile or delinquent juvenile to return unaccompanied to that state and shall provide the juvenile or delinquent juvenile with a copy of the court order; in that event a copy of the consent shall be forwarded to the compact administrator of the state to which the juvenile or delinquent juvenile is ordered to return.

AB296, s. 311 Section 311. 938.991 (7) (title) of the statutes is amended to read:

AB296,92,13 938.991 (7) (title) Article VII - Cooperative Supervision of Probationers, Persons on extended supervision and Parolees.

AB296, s. 312 Section 312. 938.991 (7) (a) of the statutes is amended to read:

AB296,93,7 938.991 (7) (a) That the duly constituted judicial and administrative authorities of a state party to this compact (herein called "sending state") may permit any delinquent juvenile within such state, placed on probation, extended supervision or parole, to reside in any other state party to this compact (herein called "receiving state") while on probation, extended supervision or parole, and the receiving state shall accept such delinquent juvenile, if the parent, guardian or person entitled to the legal custody of such delinquent juvenile is residing or undertakes to reside within the receiving state. Before granting such permission, opportunity shall be given to the receiving state to make such investigations as it deems necessary. The authorities of the sending state shall send to the authorities of the receiving state copies of pertinent court orders, social case studies and all other available information which may be of value to and assist the receiving state in supervising a probationer, or parolee or person under extended supervision under this compact. A receiving state, in its discretion, may agree to accept supervision of a probationer, or parolee or person under extended supervision in cases where the parent, guardian or person entitled to legal custody of the delinquent juvenile is not a resident of the receiving state, and if so accepted the sending state may transfer supervision accordingly.

AB296, s. 313 Section 313. 938.991 (7) (b) of the statutes is amended to read:

AB296,93,13 938.991 (7) (b) That each receiving state will assume the duties of visitation and of supervision over any such delinquent juvenile and in the exercise of those duties will be governed by the same standards of visitation and supervision that prevail for its own delinquent juveniles released on probation, extended supervision or parole.

AB296, s. 314 Section 314. 938.991 (7) (c) of the statutes is amended to read:

AB296,94,9 938.991 (7) (c) That, after consultation between the appropriate authorities of the sending state and of the receiving state as to the desirability and necessity of returning such a delinquent juvenile, the duly accredited officers of a sending state may enter a receiving state and there apprehend and retake any such delinquent juvenile on probation, extended supervision or parole. For that purpose, no formalities will be required, other than establishing the authority of the officer and the identity of the delinquent juvenile to be retaken and returned. The decision of the sending state to retake a delinquent juvenile on probation, extended supervision or parole shall be conclusive upon and not reviewable within the receiving state, but if, at the time the sending state seeks to retake a delinquent juvenile on probation, extended supervision or parole, there is pending against the delinquent juvenile within the receiving state any criminal charge or any proceeding to have the delinquent juvenile adjudicated a delinquent juvenile for any act committed in that state, or if the delinquent juvenile is suspected of having committed within that state a criminal offense or an act of juvenile delinquency, the delinquent juvenile shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredited officers of the sending state shall be permitted to transport delinquent juveniles being so returned through any and all states party to this compact, without interference.

AB296, s. 315 Section 315. 938.991 (14) of the statutes is amended to read:

AB296,94,20 938.991 (14) Article XIV - Renunciation. That this compact shall continue in force and remain binding upon each executing state until renounced by it. Renunciation of this compact shall be by the same authority which executed it, by sending 6 months notice in writing of its intention to withdraw from the compact to the other states party hereto. The duties and obligations of a renouncing state under sub. (7) shall continue as to parolees, or probationers and persons on extended supervision residing therein at the time of withdrawal until retaken or finally discharged. Supplementary agreements entered into under sub. (10) shall be subject to renunciation as provided by such supplementary agreements, and shall not be subject to the 6 months' renunciation notice of the present Article.

AB296, s. 316 Section 316. 938.993 (2) of the statutes is amended to read:

AB296,95,5 938.993 (2) The compact administrator shall determine for this state whether to receive juvenile probationers, and parolees and persons on extended supervision of other states under s. 938.991 (7) and shall arrange for the supervision of each such probationer, or parolee or person on extended supervision received, either by the department or by a person appointed to perform supervision service for the court assigned to exercise jurisdiction under this chapter and ch. 48 for the county where the juvenile is to reside, whichever is more convenient. Those persons shall in all such cases make periodic reports to the compact administrator regarding the conduct and progress of the juveniles.

AB296, s. 317 Section 317. 939.50 (3) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,95,8 939.50 (3) (b) For a Class B felony, imprisonment not to exceed 40 years.

AB296, s. 318 Section 318. 939.50 (3) (bc) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,95,12 939.50 (3) (bc) For a Class BC felony, a fine not to exceed $10,000 or imprisonment not to exceed 20 years, or both.

AB296, s. 319 Section 319. 939.50 (3) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,95,16 939.50 (3) (c) For a Class C felony, a fine not to exceed $10,000 or imprisonment not to exceed 10 years, or both.

AB296, s. 320 Section 320. 939.50 (3) (d) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,95,20 939.50 (3) (d) For a Class D felony, a fine not to exceed $10,000 or imprisonment not to exceed 5 years, or both.

AB296, s. 321 Section 321. 939.50 (3) (e) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,95,24 939.50 (3) (e) For a Class E felony, a fine not to exceed $10,000 or imprisonment not to exceed 2 years, or both.

AB296, s. 322 Section 322. 939.615 (3) (b) of the statutes, as affected by 1997 Wisconsin Act 275, is repealed and recreated to read:

AB296,96,4 939.615 (3) (b) If the person is sentenced to prison for the serious sex offense, upon his or her discharge from parole.

AB296, s. 323 Section 323. 939.62 (2m) (c) of the statutes is amended to read:

AB296,96,8 939.62 (2m) (c) If the actor is a persistent repeater, 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 extended supervision.

AB296, s. 324 Section 324. 940.20 (2m) (title) of the statutes is amended to read:

AB296,96,11 940.20 (2m) (title) Battery to probation , extended supervision and parole agents and aftercare agents.

AB296, s. 325 Section 325. 940.20 (2m) (a) 2. of the statutes is amended to read:

AB296,96,15 940.20 (2m) (a) 2. "Probation, extended supervision and parole agent" means any person authorized by the department of corrections to exercise control over a probationer, or parolee or person on extended supervision.