AB465: Bill Text

AB465, s. 193 Section 193. 447.09 of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,78,3 447.09 Penalties. Any person who violates this chapter may be fined not more than $1,000 or imprisoned for not more than one year in the county jail or both for the first offense and may be fined not more than $2,500 or imprisoned for not more than 3 years or both is guilty of a Class I felony for the 2nd or subsequent conviction within 5 years.

AB465, s. 194 Section 194. 450.11 (9) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,78,9 450.11 (9) (b) Any person who delivers, or who possesses with intent to manufacture or deliver, a prescription drug in violation of this section may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

AB465, s. 195 Section 195. 450.14 (5) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,78,14 450.14 (5) 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 7 years and 6 months or both is guilty of a Class H felony.

AB465, s. 196 Section 196. 450.15 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,78,19 450.15 (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 7 years and 6 months or both is guilty of a Class H felony.

AB465, s. 197 Section 197. 551.58 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,79,4 551.58 (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 7 years and 6 months or both is guilty of a Class H felony. 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.

AB465, s. 198 Section 198. 552.19 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,79,13 552.19 (1) Any person, including a controlling person of an offeror 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 7 years and 6 months or both is guilty of a Class H felony. 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.

AB465, s. 199 Section 199. 553.52 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,79,24 553.52 (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 7 years and 6 months or both is guilty of a Class G felony. 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.

AB465, s. 200 Section 200. 553.52 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,80,8 553.52 (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 which 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 7 years and 6 months or both is guilty of a Class G felony.

AB465, s. 201 Section 201. 562.13 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,80,12 562.13 (3) Whoever violates s. 562.11 (2) or (3) may be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class I felony.

AB465, s. 202 Section 202. 562.13 (4) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,80,17 562.13 (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 7 years and 6 months or both is guilty of a Class H felony.

AB465, s. 203 Section 203. 565.50 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,80,23 565.50 (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 7 years and 6 months or both is guilty of a Class I felony.

AB465, s. 204 Section 204. 565.50 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,81,3 565.50 (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 3 years 9 months or both.

AB465, s. 205 Section 205. 601.64 (4) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,81,13 601.64 (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 is guilty of a Class I felony, 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 4 years and 6 months or both. Intent has the meaning expressed under s. 939.23.

AB465, s. 206 Section 206. 641.19 (4) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,81,22 641.19 (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 7 years and 6 months or both is guilty of a Class H felony.

AB465, s. 207 Section 207. 641.19 (4) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,82,6 641.19 (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 7 years and 6 months or both is guilty of a Class H felony.

AB465, s. 208 Section 208. 753.061 (2m) of the statutes is amended to read:

AB465,82,14 753.061 (2m) The chief judge of the 1st judicial administrative district is authorized to designate 4 circuit court branches to primarily handle violent crime cases that involve a violation of s. 939.63, if a felony is committed while armed, and of ss. 940.01 to 940.03, 940.05, 940.06, 940.225, 943.23 (1g), (1m) and (1r) and 943.32 (2). If the circuit court branches are designated under this subsection, 2 shall begin to primarily handle violent crime cases on September 1, 1991, and 2 shall begin to primarily handle violent crime cases on August 1, 1992.

AB465, s. 209 Section 209. 765.30 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,82,18 765.30 (1) (intro.) The following shall may be fined not less than $200 nor more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both:

AB465, s. 210 Section 210. 765.30 (2) (intro.) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,82,22 765.30 (2) (intro.) The following shall may be fined not less than $100 nor more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both:

AB465, s. 211 Section 211. 768.07 of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,83,3 768.07 Penalty. Any person who violates any provision of this chapter may be fined not less than $100 nor more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both.

AB465, s. 212 Section 212. 783.07 of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,83,13 783.07 Fine or imprisonment. Whenever a peremptory mandamus shall be is 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 and the officer or person or any member of such the 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, the officer, person or member of such the body or board, or sentence the officer, person or member to imprisonment for not more than 7 years and 6 months is guilty of a Class H felony.

AB465, s. 213 Section 213. 801.50 (5) of the statutes is amended to read:

AB465,83,20 801.50 (5) Venue of an action for certiorari to review a probation, extended supervision or parole revocation, a denial by a program review committee under s. 302.113 (9g) of a petition for modification of a bifurcated sentence 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.

AB465, s. 214 Section 214. 801.50 (5c) of the statutes is created to read:

AB465,84,2 801.50 (5c) Venue of an action for certiorari brought by the department of corrections under s. 302.113 (9) (d) or 302.114 (9) (d) to review a decision to not revoke extended supervision shall be in the county in which the person on extended supervision was convicted of the offense for which he or she is on extended supervision.

AB465, s. 215 Section 215. 911.01 (4) (c) of the statutes is amended to read:

AB465,84,9 911.01 (4) (c) Miscellaneous proceedings. Proceedings for extradition or rendition; sentencing, or granting or revoking probation, modification of a bifurcated sentence under s. 302.113 (9g), issuance of arrest warrants, criminal summonses and search warrants; proceedings under s. 971.14 (1) (c); proceedings with respect to pretrial release under ch. 969 except where habeas corpus is utilized with respect to release on bail or as otherwise provided in ch. 969.

AB465, s. 216 Section 216. 938.208 (1) (a) of the statutes is amended to read:

AB465,84,15 938.208 (1) (a) Probable cause exists to believe that the juvenile has committed a delinquent act that would be a felony under s. 940.01, 940.02, 940.03, 940.05, 940.19 (2) to (6), 940.21, 940.225 (1), 940.31, 941.20 (3), 943.02 (1), 943.23 (1g), (1m) or (1r), 943.32 (2), 947.013 (1t), (1v) or (1x), 948.02 (1) or (2), 948.025 or 948.03 if committed by an adult.

AB465, s. 217 Section 217. 938.34 (4h) (a) of the statutes is amended to read:

AB465,84,23 938.34 (4h) (a) The juvenile is 14 years of age or over and has been adjudicated delinquent for committing a violation of s. 939.31, 939.32 (1) (a), 940.03, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, (1) or 948.30 (2), 948.35 (1) (b) or 948.36 or the juvenile is 10 years of age or over and has been adjudicated delinquent for attempting or committing a violation of s. 940.01 or for committing a violation of 940.02 or 940.05.

AB465, s. 218 Section 218. 938.34 (4m) (b) 1. of the statutes is amended to read:

AB465,85,4 938.34 (4m) (b) 1. The juvenile has committed a delinquent act that would be a felony under s. 940.01, 940.02, 940.03, 940.05, 940.19 (2) to (6), 940.21, 940.225 (1), 940.31, 941.20 (3), 943.02 (1), 943.23 (1g), (1m) or (1r), 943.32 (2), 947.013 (1t), (1v) or (1x), 948.02 (1) or (2), 948.025 or 948.03 if committed by an adult.

AB465, s. 219 Section 219. 938.355 (2d) (b) 3. of the statutes is amended to read:

AB465,85,13 938.355 (2d) (b) 3. That the parent has committed a violation of s. 940.19 (3), 1997 stats., or s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) if committed in this state, and that the violation resulted in great bodily harm, as defined in s. 938.22 939.22 (14), or in substantial bodily harm, as defined in s. 938.22 939.22 (38), to the juvenile or another child of the parent.

AB465, s. 220 Section 220. 938.355 (4) (b) of the statutes is amended to read:

AB465,85,23 938.355 (4) (b) An order under s. 938.34 (4d), (4h) or (4m) for which a juvenile has been adjudicated delinquent is subject to par. (a), except that the judge may make an order under s. 938.34 (4d) or (4m) apply for up to 2 years or until the juvenile's 18th birthdate, whichever is earlier and the judge shall make an order under s. 938.34 (4h) apply for 5 years, if the juvenile is adjudicated delinquent for committing an act that would be punishable as a Class B or C felony if committed by an adult, or until the juvenile reaches 25 years of age, if the juvenile is adjudicated delinquent for committing an act that would be punishable as a Class A felony if committed by an adult.

AB465, s. 221 Section 221. 938.78 (3) of the statutes is amended to read:

AB465,86,20 938.78 (3) If a juvenile adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need of protection or services under s. 48.13 (12), 1993 stats., or s. 48.13 (14), 1993 stats., or s. 938.13 (12) or (14) on the basis of a violation of s. 943.23 (1m) or (1r), 1997 stats., or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60, 948.605 or 948.61 or any crime specified in ch. 940 has escaped from a secured correctional facility, child caring institution, inpatient facility, as defined in s. 51.01 (10), secure detention facility or juvenile portion of a county jail, or from the custody of a peace officer or a guard of such a facility, institution or jail, or has been allowed to leave a secured correctional facility, child caring institution, inpatient facility, secure detention facility or juvenile portion of a county jail for a specified time period and is absent from the facility, institution or jail for more than 12 hours after the expiration of the specified period, the department or county department having supervision over the juvenile may release the juvenile's name and any information about the juvenile that is necessary for the protection of the public or to secure the juvenile's return to the facility, institution or jail. The department of corrections shall promulgate rules establishing guidelines for the release of the juvenile's name or information about the juvenile to the public.

AB465, s. 222 Section 222. 939.22 (21) (d) of the statutes is amended to read:

AB465,86,23 939.22 (21) (d) Battery, substantial battery or aggravated battery, as prohibited in s. 940.19 or 940.195.

AB465, s. 223 Section 223. 939.30 (1) of the statutes is amended to read:

AB465,87,4 939.30 (1) Except as provided in sub. (2) and ss. 948.35 and s. 961.455, whoever, with intent that a felony be committed, advises another to commit that crime under circumstances that indicate unequivocally that he or she has the intent is guilty of a Class D H felony.

AB465, s. 224 Section 224. 939.30 (2) of the statutes is amended to read:

AB465,87,8 939.30 (2) For a solicitation to commit a crime for which the penalty is life imprisonment, the actor is guilty of a Class C F felony. For a solicitation to commit a Class E I felony, the actor is guilty of a Class E I felony.

AB465, s. 225 Section 225. 939.32 (1) (intro.) of the statutes is amended to read:

AB465,87,13 939.32 (1) Generally. (intro.) Whoever attempts to commit a felony or a crime specified in s. 940.19, 940.195 or 943.20 may be fined or imprisoned or both not to exceed one-half the maximum penalty for the completed crime; as provided under sub. (1g), except:

AB465, s. 226 Section 226. 939.32 (1) (b) of the statutes is repealed.

AB465, s. 227 Section 227. 939.32 (1) (bm) of the statutes is created to read:

AB465,87,18 939.32 (1) (bm) Whoever attempts to commit a Class I felony, other than one to which a penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. or b. is being applied, is guilty of a Class A misdemeanor.

AB465, s. 228 Section 228. 939.32 (1g) of the statutes is created to read:

AB465,87,21 939.32 (1g) Maximum penalty. The maximum penalty for an attempt to commit a crime that is punishable under sub. (1) (intro.) is as follows:

AB465,87,22 (a) The maximum fine is one-half of the maximum fine for the completed crime.

AB465,87,25 (b) 1. If s. 939.62 is not being applied, the maximum term of imprisonment is one-half of the maximum term of imprisonment, as increased by any penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. and b., for the completed crime.

AB465,88,2 2. If s. 939.62 is being applied, the maximum term of imprisonment is determined by the following method:

AB465,88,5 a. Multiplying by one-half the maximum term of imprisonment, as increased by any penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. and b., for the completed crime.

AB465,88,6 b. Applying s. 939.62 to the product under subd. 2. a.

AB465, s. 229 Section 229. 939.32 (1m) of the statutes is created to read:

AB465,88,10 939.32 (1m) Bifurcated sentences. If the court imposes a bifurcated sentence under s. 973.01 (1) for an attempt to commit a crime that is punishable under sub. (1) (intro.), the following requirements apply:

AB465,88,16 (a) Maximum term of confinement for attempt to commit classified felony. 1. Subject to the minimum term of extended supervision required under s. 973.01 (2) (d), if the crime is a classified felony and s. 939.62 is not being applied, the maximum term of confinement in prison is one-half of the maximum term of confinement in prison specified in s. 973.01 (2) (b), as increased by any penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. and b., for the classified felony.

AB465,88,20 2. Subject to the minimum term of extended supervision required under s. 973.01 (2) (d), if the crime is a classified felony and s. 939.62 is being applied, the court shall determine the maximum term of confinement in prison by the following method:

AB465,88,23 a. Multiplying by one-half the maximum term of confinement in prison specified in s. 973.01 (2) (b), as increased by any penalty enhancement statutes listed in s. 973.01 (2) (c) 2. a. and b., for the classified felony.

AB465,88,24 b. Applying s. 939.62 to the product under subd. 2. a.

AB465,89,4 (b) Maximum term of extended supervision for attempt to commit classified felony. The maximum term of extended supervision for an attempt to commit a classified felony is one-half of the maximum term of extended supervision for the completed crime under s. 973.01 (2) (d).

AB465,89,9 (c) Maximum term of confinement for attempt to commit unclassified felony or misdemeanor. The court shall determine the maximum term of confinement in prison for an attempt to commit a crime other than a classified felony by applying s. 973.01 (2) (b) 10. to the maximum term of imprisonment calculated under sub. (1g) (b).

AB465, s. 230 Section 230. 939.32 (2) (title) of the statutes is created to read:

AB465,89,11 939.32 (2) (title) Misdemeanors.

AB465, s. 231 Section 231. 939.32 (3) (title) of the statutes is created to read:

AB465,89,13 939.32 (3) (title) Requirements.

AB465, s. 232 Section 232. 939.50 (1) (intro.) of the statutes is amended to read: