AB465: Bill Text

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:

AB465,89,16 939.50 (1) (intro.) Except as provided in ss. 946.83 and 946.85, felonies Felonies in chs. 939 to 951 the statutes are classified as follows:

AB465, s. 233 Section 233. 939.50 (1) (bc) of the statutes is repealed.

AB465, s. 234 Section 234. 939.50 (1) (f) of the statutes is created to read:

AB465,89,19 939.50 (1) (f) Class F felony.

AB465, s. 235 Section 235. 939.50 (1) (g) of the statutes is created to read:

AB465,89,21 939.50 (1) (g) Class G felony.

AB465, s. 236 Section 236. 939.50 (1) (h) of the statutes is created to read:

AB465,89,23 939.50 (1) (h) Class H felony.

AB465, s. 237 Section 237. 939.50 (1) (i) of the statutes is created to read:

AB465,89,25 939.50 (1) (i) Class I felony.

AB465, s. 238 Section 238. 939.50 (2) of the statutes is amended to read:

AB465,90,3 939.50 (2) A felony is a Class A, B, BC, C, D or, E, F, G, H or I felony when it is so specified in chs. 939 to 951 the statutes.

AB465, s. 239 Section 239. 939.50 (3) (bc) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

AB465, s. 240 Section 240. 939.50 (3) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,90,9 939.50 (3) (c) For a Class C felony, a fine not to exceed $10,000 $100,000 or imprisonment not to exceed 15 40 years, or both.

AB465, s. 241 Section 241. 939.50 (3) (d) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,90,13 939.50 (3) (d) For a Class D felony, a fine not to exceed $10,000 $100,000 or imprisonment not to exceed 10 25 years, or both.

AB465, s. 242 Section 242. 939.50 (3) (e) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,90,17 939.50 (3) (e) For a Class E felony, a fine not to exceed $10,000 $50,000 or imprisonment not to exceed 5 15 years, or both.

AB465, s. 243 Section 243. 939.50 (3) (f) of the statutes is created to read:

AB465,90,20 939.50 (3) (f) For a Class F felony, a fine not to exceed $25,000 or imprisonment not to exceed 12 years and 6 months, or both.

AB465, s. 244 Section 244. 939.50 (3) (g) of the statutes is created to read:

AB465,90,23 939.50 (3) (g) For a Class G felony, a fine not to exceed $25,000 or imprisonment not to exceed 10 years, or both.

AB465, s. 245 Section 245. 939.50 (3) (h) of the statutes is created to read:

AB465,91,2 939.50 (3) (h) For a Class H felony, a fine not to exceed $10,000 or imprisonment not to exceed 6 years, or both.

AB465, s. 246 Section 246. 939.50 (3) (i) of the statutes is created to read:

AB465,91,5 939.50 (3) (i) For a Class I felony, a fine not to exceed $10,000 or imprisonment not to exceed 3 years and 6 months, or both.

AB465, s. 247 Section 247. 939.615 (7) (b) 2. of the statutes is amended to read:

AB465,91,8 939.615 (7) (b) 2. Whoever violates par. (a) is guilty of a Class E I felony if the same conduct that violates par. (a) also constitutes a crime that is a felony.

AB465, s. 248 Section 248. 939.615 (7) (c) of the statutes is repealed.

AB465, s. 249 Section 249. 939.62 (1) (a) of the statutes is amended to read:

AB465,91,12 939.62 (1) (a) A maximum term of imprisonment of one year or less may be increased to not more than 3 2 years.

AB465, s. 250 Section 250. 939.62 (1) (b) of the statutes is amended to read:

AB465,91,17 939.62 (1) (b) A maximum term of imprisonment of more than one year but not more than 10 years may be increased by not more than 2 years if the prior convictions were for misdemeanors and by not more than 6 4 years if the prior conviction was for a felony.

AB465, s. 251 Section 251. 939.62 (1) (c) of the statutes is amended to read:

AB465,91,21 939.62 (1) (c) A maximum term of imprisonment of more than 10 years may be increased by not more than 2 years if the prior convictions were for misdemeanors and by not more than 10 6 years if the prior conviction was for a felony.

AB465, s. 252 Section 252. 939.62 (2m) (a) 2m. a. of the statutes is amended to read:

AB465,91,25 939.62 (2m) (a) 2m. a. Any felony under s. 961.41 (1), (1m) or (1x) if the felony is that is a Class A, B or C felony or, if the felony was committed before December 31, 1999, that was punishable by a maximum prison term of 30 years or more.

AB465, s. 253 Section 253. 939.62 (2m) (a) 2m. b. of the statutes is amended to read:

AB465,92,7 939.62 (2m) (a) 2m. b. Any felony under s. 940.09 (1), 1997 stats., s. 943.23 (1m) or (1r), 1997 stats., s. 948.35 (1) (b) or (c), 1997 stats., or s. 948.36, 1997 stats., or s. 940.01, 940.02, 940.03, 940.05, 940.09 (1) (1c), 940.16, 940.19 (5), 940.195 (5), 940.21, 940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 946.43, 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.08, or 948.30 (2), 948.35 (1) (b) or (c) or 948.36.

AB465, s. 254 Section 254. 939.622 of the statutes is repealed.

AB465, s. 255 Section 255. 939.623 of the statutes is repealed.