AB465,20,1818
6. Two circuit judges, appointed by the supreme court.
AB465,20,2019
7. One representative of crime victims and one district attorney, each appointed
20by the attorney general.
AB465,20,2221
8. One attorney in private practice engaged primarily in the practice of criminal
22defense, appointed by the criminal law section of the State Bar of Wisconsin.
AB465,20,2523
(b)
Nonvoting members. The secretary of corrections or his or her designee, the
24chairperson of the parole commission or his or her designee and the director of state
25courts or his or her designee shall be nonvoting members of the commission.
AB465,21,2
1(c)
Terms. 1. Except as provided in subd. 2., members appointed under par. (a)
23. and 5. to 8. shall serve 3-year terms and are eligible for reappointment.
AB465,21,53
2. The term of a circuit judge appointed under par. (a) 6. shall end when such
4person ceases to be a circuit judge. The term of a district attorney appointed under
5par. (a) 7. shall end when such person ceases to be a district attorney.
AB465,21,86
(d)
Officers. The governor shall designate annually one of the members of the
7commission as chairperson. The commission may elect officers other than a
8chairperson from among its members as its work requires.
AB465,21,159
(e)
Reimbursement and compensation. Members of the commission shall be
10reimbursed for their actual and necessary expenses incurred in the performance of
11their duties. An officer or employe of the state shall be reimbursed by the agency that
12pays the member's salary. Members who are full-time state officers or employes
13shall receive no compensation for their services. Other members shall be paid $25
14per day, in addition to their actual and necessary expenses, for each day on which
15they are actually and necessarily engaged in the performance of their duties.
AB465,21,1616
(f)
Sunset. This subsection does not apply after December 31, 2004.
AB465, s. 10
17Section
10. 19.42 (10) (o) of the statutes is created to read:
AB465,21,1918
19.42
(10) (o) A member, the executive director or the deputy director of the
19sentencing commission.
AB465, s. 11
20Section
11. 19.42 (13) (n) of the statutes is created to read:
AB465,21,2221
19.42
(13) (n) The position of member, executive director or deputy director of
22the sentencing commission.
AB465, s. 12
23Section
12. 20.005 (3) (schedule) of the statutes: at the appropriate place,
24insert the following amounts for the purposes indicated:
-
See PDF for table AB465, s. 13
1Section
13. 20.505 (4) (dr) of the statutes is created to read:
AB465,22,42
20.505
(4) (dr)
Sentencing commission. The amounts in the schedule for the
3general program operations of the sentencing commission. No money may be
4encumbered from the appropriation under this paragraph after December 31, 2004.
AB465, s. 14
5Section
14. 20.505 (4) (mr) of the statutes is created to read:
AB465,22,96
20.505
(4) (mr)
Sentencing commission; federal aid. All moneys received as
7federal aid as authorized by the governor under s. 16.54 to carry out the purposes for
8which the aid is provided. No money may be encumbered from the appropriation
9under this paragraph after December 31, 2004.
AB465, s. 15
10Section
15. 20.923 (4) (b) 7. of the statutes is created to read:
AB465,22,1111
20.923
(4) (b) 7. Sentencing commission: executive director.
AB465, s. 16
12Section
16. 20.923 (6) (hr) of the statutes is created to read:
AB465,22,1313
20.923
(6) (hr) Sentencing commission: deputy director.
AB465,23,216
23.33
(13) (cg)
Penalties related to causing death or injury; interference with
17signs and standards. A person who violates sub. (8) (f) 1.
shall be fined not more than
18$10,000 or imprisoned for not more than 3 years or both is guilty of a Class H felony
1if the violation causes the death or injury, as defined in s. 30.67 (3) (b), of another
2person.
AB465,23,75
26.14
(8) Any person who intentionally sets fire to the land of another or to a
6marsh
shall be fined not more than $10,000 or imprisoned for not more than 7 years
7and 6 months or both is guilty of a Class H felony.
AB465,23,1310
29.971
(1) (c)
For A person having fish in his or her possession in violation of
11this chapter
and is guilty of a Class I felony if the value of the fish under par. (d)
12exceeds $1,000
, by a fine of not more than $10,000 or imprisonment for not more than
133 years or both.
AB465,23,1816
29.971
(1m) (c)
For A person possessing clams in violation of s. 29.537
,
is guilty
17of a Class I felony if the value of the clams under par. (d) exceeds $1,000
, by a fine
18of not more than $10,000 or imprisonment for not more than 3 years or both.
AB465,24,421
29.971
(11m) (a) For shooting, shooting at, killing, taking, catching or
22possessing a bear without a valid Class A bear license, or for possessing a bear which
23does not have a carcass tag attached or possessing a bear during the closed season,
24by a fine of not less than $1,000 nor more than $2,000 or by imprisonment for not
25more than 6 months or both for the first violation, or by a fine of not more than
$5,000
1$10,000 or imprisonment for not more than
2 years 9 months or both for any
2subsequent violation, and, in addition, the court shall revoke all hunting approvals
3issued to the person under this chapter and shall prohibit the issuance of any new
4hunting approval under this chapter to the person for 3 years.
AB465,24,97
29.971
(11p) (a) For entering the den of a hibernating black bear and harming
8the bear, by a fine of not more than $10,000 or imprisonment for not more than
2
9years 9 months or both.
AB465,24,1412
30.80
(2g) (b) Shall be fined not
less than $300 nor more than
$5,000 $10,000 13or imprisoned for not more than
2 years 9 months or both if the accident involved
14injury to a person but the person did not suffer great bodily harm.
AB465,24,1917
30.80
(2g) (c)
Shall be fined not more than $10,000 or imprisoned for not more
18than 3 years or both Is guilty of a Class I felony if the accident involved injury to a
19person and the person suffered great bodily harm.
AB465,24,2422
30.80
(2g) (d)
Shall be fined not more than $10,000 or imprisoned for not more
23than 7 years and 6 months or both Is guilty of a Class H felony if the accident involved
24death to a person.
AB465,25,53
30.80
(3m) Any person violating s. 30.547 (1), (3) or (4)
shall be fined not more
4than $5,000 or imprisoned not more than 7 years and 6 months or both is guilty of
5a Class H felony.
AB465,25,158
36.25
(6) (d) Any officer, agent, clerk or employe of the survey or department
9of revenue who makes known to any person except the officers of the survey or
10department of revenue, in any manner, any information given to such person in the
11discharge of such person's duties under par. (c), which information was given to such
12person with the request that it not be made known,
upon conviction thereof, shall be
13fined not less than $50 nor more than $500 or imprisoned for not less than one month
14nor more than 3 years is guilty of a Class I felony. This paragraph shall not prevent
15the use for assessment purposes of any information obtained under this subsection.
AB465,25,1918
47.03
(3) (d) Any person who violates this subsection shall be fined not more
19than
$1,000 $10,000 or imprisoned for not more than
2 years 9 months or both.
AB465, s. 29
20Section
29. 48.355 (2d) (b) 3. of the statutes is amended to read:
AB465,26,321
48.355
(2d) (b) 3. That the parent has committed
a violation of s. 940.19 (3),
221997 stats., a violation of s. 940.19 (2),
(3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or
23(2), 948.025 or 948.03 (2) (a) or (3) (a) or a violation of the law of any other state or
24federal law, if that violation would be a violation of s. 940.19 (2),
(3), (4) or (5), 940.225
25(1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) if committed in this state,
1and that the violation resulted in great bodily harm, as defined in s. 939.22 (14), or
2in substantial bodily harm, as defined in s. 939.22 (38), to the child or another child
3of the parent.
AB465, s. 30
4Section
30. 48.415 (9m) (b) 2. of the statutes is amended to read:
AB465,26,105
48.415
(9m) (b) 2. The commission of
a violation of s. 940.19 (3), 1997 stats., 6a violation of s. 940.19 (2),
(3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025,
7948.03 (2) (a) or (3) (a), 948.05, 948.06 or 948.08 or a violation of the law of any other
8state or federal law, if that violation would be a violation of s. 940.19 (2),
(3), (4) or
9(5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (3) (a), 948.05, 948.06
10or 948.08 if committed in this state.
AB465, s. 31
11Section
31. 48.417 (1) (d) of the statutes is amended to read:
AB465,26,1912
48.417
(1) (d) A court of competent jurisdiction has found that the parent has
13committed
a violation of s. 940.19 (3), 1997 stats., a violation of s. 940.19 (2),
(3), (4)
14or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) or a
15violation of the law of any other state or federal law, if that violation would be a
16violation of s. 940.19 (2),
(3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or
17948.03 (2) (a) or (3) (a) if committed in this state, and that the violation resulted in
18great bodily harm, as defined in s. 939.22 (14), or in substantial bodily harm, as
19defined in s. 939.22 (38), to the child or another child of the parent.
AB465, s. 32
20Section
32. 48.57 (3p) (g) 2. of the statutes is amended to read:
AB465,26,2521
48.57
(3p) (g) 2. The person has had imposed on him or her a penalty specified
22in
s. 939.64, 1997 stats., or s. 939.641, 1997 stats., or s. 939.62, 939.621, 939.63
,
23939.64, 939.641 or 939.645 or has been convicted of a violation of the law of any other
24state or federal law under circumstances under which the person would be subject
25to a penalty specified in any of those sections if convicted in this state.
AB465, s. 33
1Section
33. 48.685 (5) (bm) 2. of the statutes is amended to read:
AB465,27,32
48.685
(5) (bm) 2. A violation of
s. 940.19 (3), 1997 stats., or of s. 940.19 (2),
(3), 3(4), (5) or (6) or 940.20 (1) or (1m), if the victim is the spouse of the person.
AB465, s. 34
4Section
34. 48.685 (5) (bm) 3. of the statutes is amended to read:
AB465,27,75
48.685
(5) (bm) 3. A violation of
s. 943.23 (1m) or (1r), 1997 stats., or of s. 940.01,
6940.02, 940.03, 940.05, 940.06, 940.21, 940.225 (1), (2) or (3), 940.23, 940.305, 940.31,
7941.20 (2) or (3), 941.21, 943.10 (2), 943.23 (1g)
, (1m) or (1r) or 943.32 (2).
AB465, s. 35
8Section
35. 48.685 (5) (bm) 4. of the statutes is amended to read:
AB465,27,129
48.685
(5) (bm) 4. A violation of
s. 940.19 (3), 1997 stats., or of s. 940.19 (2),
(3), 10(4), (5) or (6), 940.20, 940.203, 940.205 or 940.207 or an offense under ch. 961 that
11is a felony, if committed not more than 5 years before the date of the investigation
12under sub. (2) (am).
AB465,27,1715
49.127
(8) (a) 2. If the value of the food coupons exceeds $100, but is less than
16$5,000, a person who violates this section
may be fined not more than $10,000 or
17imprisoned for not more than 7 years and 6 months or both is guilty of a Class I felony.
AB465,27,2320
49.127
(8) (b) 2. If the value of the food coupons exceeds $100, but is less than
21$5,000, a person who violates this section
may be fined not more than $10,000 or
22imprisoned for not more than 7 years and 6 months or both is guilty of a Class H
23felony.
AB465,28,3
149.127
(8) (c) For any offense under this section, if the value of the food coupons
2is $5,000 or more, a person who violates this section
may be fined not more than
3$250,000 or imprisoned for not more than 30 years or both is guilty of a Class G felony.
AB465,28,96
49.141
(7) (a) A person who is convicted of violating sub. (6) in connection with
7the furnishing by that person of items or services for which payment is or may be
8made under Wisconsin works
may be fined not more than $25,000 or imprisoned for
9not more than 7 years and 6 months or both is guilty of a Class H felony.
AB465,28,1412
49.141
(7) (b) A person, other than a person under par. (a), who is convicted of
13violating sub. (6) may be fined not more than $10,000 or imprisoned for not more than
142 years 9 months or both.
AB465,28,2517
49.141
(9) (a) Whoever solicits or receives any remuneration in cash or in-kind,
18in return for referring an individual to a person for the furnishing or arranging for
19the furnishing of any item or service for which payment may be made in whole or in
20part under Wisconsin works, or in return for purchasing, leasing, ordering, or
21arranging for or recommending purchasing, leasing, or ordering any good, facility,
22service, or item for which payment may be made in whole or in part under Wisconsin
23works,
is guilty of a Class H felony, except that, notwithstanding the maximum fine
24specified in s. 939.50 (3) (h), the person may be fined not more than $25,000
or
25imprisoned for not more than 7 years and 6 months or both.
AB465,29,113
49.141
(9) (b) Whoever offers or pays any remuneration in cash or in-kind to
4any person to induce the person to refer an individual to a person for the furnishing
5or arranging for the furnishing of any item or service for which payment may be made
6in whole or in part under Wisconsin works, or to purchase, lease, order, or arrange
7for or recommend purchasing, leasing, or ordering any good, facility, service or item
8for which payment may be made in whole or in part under any provision of Wisconsin
9works,
is guilty of a Class H felony, except that, notwithstanding the maximum fine
10specified in s. 939.50 (3) (h), the person may be fined not more than $25,000
or
11imprisoned for not more than 7 years and 6 months or both.
AB465,29,1714
49.141
(10) (b) A person who violates this subsection
is guilty of a Class H
15felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h),
16the person may be fined not more than $25,000
or imprisoned for not more than 7
17years and 6 months or both.
AB465,30,220
49.49
(1) (b) 1. In the case of such a statement, representation, concealment,
21failure, or conversion by any person in connection with the furnishing by that person
22of items or services for which medical assistance is or may be made, a person
23convicted of violating this subsection
is guilty of a Class H felony, except that,
24notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be
1fined not more than $25,000
or imprisoned for not more than 7 years and 6 months
2or both.
AB465,30,155
49.49
(2) (a)
Solicitation or receipt of remuneration. Any person who solicits
6or receives any remuneration, including any kickback, bribe, or rebate, directly or
7indirectly, overtly or covertly, in cash or in kind, in return for referring an individual
8to a person for the furnishing or arranging for the furnishing of any item or service
9for which payment may be made in whole or in part under a medical assistance
10program, or in return for purchasing, leasing, ordering, or arranging for or
11recommending purchasing, leasing, or ordering any good, facility, service, or item for
12which payment may be made in whole or in part under a medical assistance program,
13is guilty of a Class H felony, except that, notwithstanding the maximum fine specified
14in s. 939.50 (3) (h), the person may be fined not more than $25,000
or imprisoned for
15not more than 7 years and 6 months or both.
AB465,31,318
49.49
(2) (b)
Offer or payment of remuneration. Whoever offers or pays any
19remuneration including any kickback, bribe, or rebate directly or indirectly, overtly
20or covertly, in cash or in kind to any person to induce such person to refer an
21individual to a person for the furnishing or arranging for the furnishing of any item
22or service for which payment may be made in whole or in part under a medical
23assistance program, or to purchase, lease, order, or arrange for or recommend
24purchasing, leasing, or ordering any good, facility, service or item for which payment
25may be made in whole or in part under a medical assistance program,
is guilty of a
1Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50
2(3) (h), the person may be fined not more than $25,000
or imprisoned for not more
3than 7 years and 6 months or both.
AB465,31,156
49.49
(3) Fraudulent certification of facilities. No person may knowingly
7and wilfully make or cause to be made, or induce or seek to induce the making of, any
8false statement or representation of a material fact with respect to the conditions or
9operation of any institution or facility in order that such institution or facility may
10qualify either upon initial certification or upon recertification as a hospital, skilled
11nursing facility, intermediate care facility, or home health agency.
Violators of A
12person who violates this subsection
is guilty of a Class H felony, except that,
13notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be
14fined not more than $25,000
or imprisoned for not more than 7 years and 6 months
15or both.
AB465,31,2118
49.49
(3m) (b) A person who violates this subsection
is guilty of a Class H
19felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h),
20the person may be fined not more than $25,000
or imprisoned for not more than 7
21years and 6 months or both.
AB465,32,224
49.49
(4) (b) A person who violates this subsection
is guilty of a Class H felony,
25except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the
1person may be fined not more than $25,000
or imprisoned for not more than 7 years
2and 6 months or both.