SB110: Bill Text

SB110, s. 16 Section 16. 939.62 (2m) (a) 2m. b. of the statutes is amended to read:

SB110,9,24 939.62 (2m) (a) 2m. b. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09 (1), 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 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.08, 948.30 (2), 948.35 (1) (b) or (c) or 948.36.

SB110, s. 17 Section 17. 939.635 (1) of the statutes is amended to read:

SB110,10,10 939.635 (1) Except as provided in sub. (2), if a person who has been adjudicated delinquent is convicted of violating s. 940.20 (1) while placed in a secured correctional facility, as defined in s. 938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), or a secured child caring institution, as defined in s. 938.02 (15g), or is convicted of violating s. 940.20 (2m), the court shall sentence the person to not less than 3 years of imprisonment. Except as provided in sub. (2), if a person is convicted of violating s. 946.43 (1m) while placed in a secured correctional facility, as defined in s. 938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), or a secured child caring institution, as defined in s. 938.02 (15g), the court shall sentence the person to not less than 5 years of imprisonment.

SB110, s. 18 Section 18. 939.635 (2) (b) of the statutes is amended to read:

SB110,10,17 939.635 (2) (b) That imposing the applicable presumptive minimum sentence specified in sub. (1) is not necessary to deter the person or other persons from committing violations of s. 940.20 (1) or 946.43 (1m) or other similar offenses while placed in a secured correctional facility, as defined in s. 938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), or a secured child caring institution, as defined in s. 938.02 (15g), or from committing violations of s. 940.20 (2m).

SB110, s. 19 Section 19. 946.43 of the statutes is renumbered 946.43 (1m).

SB110, s. 20 Section 20. 946.43 (2m) of the statutes is created to read:

SB110,10,24 946.43 (2m) (a) Any prisoner confined to a state prison or other state, county or municipal detention facility who throws or expels blood, semen, urine or feces at or toward an officer, employe or visitor of the prison or facility or another prisoner of the prison or facility under all of the following circumstances is guilty of a Class E felony:

SB110,11,2 1. The prisoner throws or expels the blood, semen, urine or feces with the intent that it come into contact with the officer, employe, visitor or other prisoner.

SB110,11,6 2. The prisoner throws or expels the blood, semen, urine or feces with the intent either to cause bodily harm to the officer, employe, visitor or other prisoner or to abuse, harass, offend, intimidate or frighten the officer, employe, visitor or other prisoner.

SB110,11,8 3. The officer, employe, visitor or other prisoner does not consent to the blood, semen, urine or feces being thrown or expelled at or toward him or her.

SB110,11,11 (b) A court shall impose a sentence for a violation of par. (a) consecutive to any sentence previously imposed or which may be imposed for any crime or offense for which the person was in custody when he or she committed the violation of par. (a).

SB110, s. 21 Section 21. 950.04 (1v) (d) of the statutes is amended to read:

SB110,11,17 950.04 (1v) (d) To request an order for, and to be given the results of, testing to determine the presence of a sexually transmitted disease or of any strain of human immunodeficiency virus, of antigen or nonantigen products of any strain of human immunodeficiency virus, or of an antibody of any strain of human immunodeficiency virus communicable disease, as provided under ss. 938.296 or 968.38.

SB110, s. 22 Section 22. 968.38 (2m) of the statutes is created to read:

SB110,11,23 968.38 (2m) In a criminal action under s. 946.43 (2m), the district attorney shall apply to the circuit court for his or her county for an order requiring the defendant to submit to a test or a series of tests administered by a health care professional to detect the presence of communicable diseases and to disclose the results of the test or tests as specified in sub. (5) (a) to (c), if all of the following apply:

SB110,12,2 (a) The district attorney has probable cause to believe that the act or alleged act of the defendant that constitutes a violation of s. 946.43 (2m) carried a potential for transmitting a communicable disease to the victim or alleged victim and involved the defendant's blood, semen, urine or feces.

SB110,12,5 (b) The alleged victim or victim who is not a minor or the parent or guardian of the alleged victim or victim who is a minor requests the district attorney to apply for an order.

SB110, s. 23 Section 23. 968.38 (3) (intro.) of the statutes is amended to read:

SB110,12,9 968.38 (3) (intro.) The district attorney may apply under sub. (2) or (2m) for an order at any of the following times, and, within those times, shall do so as soon as possible so as to enable the court to provide timely notice:

SB110, s. 24 Section 24. 968.38 (5) of the statutes is created to read:

SB110,13,5 968.38 (5) The court shall set a time for a hearing on the matter under sub. (2m) during the preliminary examination, if sub. (3) (a) applies; after the defendant is bound over for trial and before a verdict is rendered, if sub. (3) (b) applies; after conviction or a finding of not guilty by reason of mental disease or defect, if sub. (3) (c) applies; or, subject to s. 971.13 (4), after the determination that the defendant is not competent, if sub. (3) (d) applies. The court shall give the district attorney and the defendant notice of the hearing at least 72 hours prior to the hearing. The defendant may have counsel at the hearing, and counsel may examine and cross-examine witnesses. If the court finds probable cause to believe that the act or alleged act of the defendant that constitutes a violation of s. 946.43 (2m) carried a potential for transmitting a communicable disease to the victim or alleged victim and involved the defendant's blood, semen, urine or feces, the court shall order the defendant to submit to a test or a series of tests administered by a health care professional to detect the presence of any communicable disease that was potentially transmitted by the act or alleged act of the defendant. The court shall require the health care professional who performs the test to disclose the test results to the defendant. The court shall require the health care professional who performs the test to refrain, notwithstanding s. 252.15 (4) (c), if applicable, from making the test results part of the defendant's permanent medical record and to disclose the results of the test to any of the following:

SB110,13,6 (a) The alleged victim or victim, if the alleged victim or victim is not a minor.

SB110,13,8 (b) The parent or guardian of the alleged victim or victim, if the alleged victim or victim is a minor.

SB110,13,11 (c) The health care professional who provides care to the alleged victim or victim, upon request by the alleged victim or victim or, if the alleged victim or victim is a minor, by the parent or guardian of the alleged victim or victim.

SB110, s. 25 Section 25. 971.13 (4) of the statutes is amended to read:

SB110,13,16 971.13 (4) The fact that a defendant is not competent to proceed does not preclude a hearing under s. 968.38 (4) or (5) unless the probable cause finding required under s. 968.38 (4) to be made at the hearing cannot be fairly made without the personal participation of the defendant.

SB110, s. 26 Section 26. 973.0135 (1) (b) 2. of the statutes is amended to read:

SB110,13,22 973.0135 (1) (b) 2. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09 (1), 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 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.08, 948.30 (2), 948.35 (1) (b) or (c) or 948.36.

SB110, s. 27 Section 27. Initial applicability.

SB110,14,2 (1) This act first applies to offenses committed on the effective date of this subsection.

SB110,14,3 (End)