SB137: Bill Text

SB137, s. 318 Section 318. 939.50 (3) (bc) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,95,12 939.50 (3) (bc) For a Class BC felony, a fine not to exceed $10,000 or imprisonment not to exceed 20 years, or both.

SB137, s. 319 Section 319. 939.50 (3) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,95,16 939.50 (3) (c) For a Class C felony, a fine not to exceed $10,000 or imprisonment not to exceed 10 years, or both.

SB137, s. 320 Section 320. 939.50 (3) (d) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,95,20 939.50 (3) (d) For a Class D felony, a fine not to exceed $10,000 or imprisonment not to exceed 5 years, or both.

SB137, s. 321 Section 321. 939.50 (3) (e) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,95,24 939.50 (3) (e) For a Class E felony, a fine not to exceed $10,000 or imprisonment not to exceed 2 years, or both.

SB137, s. 322 Section 322. 939.615 (3) (b) of the statutes, as affected by 1997 Wisconsin Act 275, is repealed and recreated to read:

SB137,96,4 939.615 (3) (b) If the person is sentenced to prison for the serious sex offense, upon his or her discharge from parole.

SB137, s. 323 Section 323. 939.62 (2m) (c) of the statutes is amended to read:

SB137,96,8 939.62 (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.

SB137, s. 324 Section 324. 940.20 (2m) (title) of the statutes is amended to read:

SB137,96,11 940.20 (2m) (title) Battery to probation , extended supervision and parole agents and aftercare agents.

SB137, s. 325 Section 325. 940.20 (2m) (a) 2. of the statutes is amended to read:

SB137,96,15 940.20 (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.

SB137, s. 326 Section 326. 940.20 (2m) (b) of the statutes is amended to read:

SB137,96,21 940.20 (2m) (b) Whoever intentionally causes bodily harm to a probation, extended supervision and parole agent or an aftercare agent, acting in an official capacity and the person knows or has reason to know that the victim is a probation, extended supervision and parole agent or an aftercare agent, by an act done without the consent of the person so injured, is guilty of a Class D felony.

SB137, s. 327 Section 327. 942.06 (2m) (a) of the statutes is amended to read:

SB137,96,25 942.06 (2m) (a) An employe or agent of the department of corrections who conducts a lie detector test of a probationer, or parolee or person on extended supervision under the rules promulgated under s. 301.132.

SB137, s. 328 Section 328. 942.06 (2q) (a) (intro.) of the statutes is amended to read:

SB137,97,5 942.06 (2q) (a) (intro.) An employe or agent of the department of corrections who discloses, to any of the following, the fact that a probationer , or parolee or person on extended supervision has had a lie detector test under the rules promulgated under s. 301.132 or the results of such a lie detector test:

SB137, s. 329 Section 329. 946.42 (1) (a) of the statutes is amended to read:

SB137,97,22 946.42 (1) (a) "Custody" includes without limitation actual custody of an institution, including a secured correctional facility, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), a secure detention facility, as defined in s. 938.02 (16), a Type 2 child caring institution, as defined in s. 938.02 (19r), or a juvenile portion of a county jail, or of a peace officer or institution guard and constructive custody of prisoners and juveniles subject to an order under s. 48.366, 938.183, 938.34 (4d), (4h) or (4m) or 938.357 (4) or (5) (e) temporarily outside the institution whether for the purpose of work, school, medical care, a leave granted under s. 303.068, a temporary leave or furlough granted to a juvenile or otherwise. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the county to which the prisoner was transferred after conviction. It does not include the custody of a probationer, or parolee or person on extended supervision by the department of corrections or a probation, extended supervision or parole officer or the custody of a person who has been released to aftercare supervision under ch. 938 unless the person is in actual custody or is subject to a confinement order under s. 973.09 (4).

SB137, s. 330 Section 330. 946.46 of the statutes is amended to read:

SB137,98,5 946.46 (title) Encouraging violation of probation, extended supervision or parole. Whoever intentionally aids or encourages a parolee, or probationer or person on extended supervision or any person committed to the custody or supervision of the department of corrections or a county department under s. 46.215, 46.22 or 46.23 by reason of crime or delinquency to abscond or violate a term or condition of parole, extended supervision or probation is guilty of a Class A misdemeanor.

SB137, s. 331 Section 331. 946.85 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,98,12 946.85 (1) Any person who engages in a continuing criminal enterprise shall be imprisoned for not less than 10 years nor more than 20 years, and fined not more than $10,000 or as provided in s. 946.84 (2). If the court imposes a sentence less than the presumptive minimum sentence, it shall place its reasons for doing so on the record.

SB137, s. 332 Section 332. 950.04 (1v) (v) of the statutes is amended to read:

SB137,98,21 950.04 (1v) (v) To have the department of corrections make a reasonable attempt to notify the victim under s. 301.046 (4) regarding community residential confinements, under s. 301.048 (4m) regarding participation in the intensive sanctions program, under s. 301.38 regarding escapes from a Type 1 prison, under s. 301.46 (3) regarding persons registered under s. 301.45, under s. 302.115 regarding release upon expiration of certain sentences, under s. 304.063 regarding extended supervision and parole releases, and under s. 938.51 regarding release or escape of a juvenile from correctional custody.

SB137, s. 333 Section 333. 950.04 (1v) (vm) of the statutes is repealed.

SB137, s. 334 Section 334. 961.41 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,99,4 961.41 (1) (a) Except as provided in par. (d), a controlled substance included in schedule I or II that is a narcotic drug, or a controlled substance analog of a controlled substance included in schedule I or II that is a narcotic drug, may be fined not more than $25,000 or imprisoned for not more than 15 years or both.

SB137, s. 335 Section 335. 961.41 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,99,10 961.41 (1) (b) Except as provided in pars. (cm) and (e) to (h), any other controlled substance included in schedule I, II or III, or a controlled substance analog of any other controlled substance included in schedule I or II, may be fined not more than $15,000 or imprisoned for not more than 5 years or both.

SB137, s. 336 Section 336. 961.41 (1) (cm) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,99,14 961.41 (1) (cm) 1. Five grams or less, the person shall be fined not more than $500,000 and may be imprisoned for not more than 10 years.

SB137, s. 337 Section 337. 961.41 (1) (cm) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,99,19 961.41 (1) (cm) 2. More than 5 grams but not more than 15 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than one year nor more than 15 years.

SB137, s. 338 Section 338. 961.41 (1) (cm) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,99,24 961.41 (1) (cm) 3. More than 15 grams but not more than 40 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 3 years nor more than 20 years.

SB137, s. 339 Section 339. 961.41 (1) (cm) 4. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,100,5 961.41 (1) (cm) 4. More than 40 grams but not more than 100 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 5 years nor more than 30 years.

SB137, s. 340 Section 340. 961.41 (1) (cm) 5. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,100,9 961.41 (1) (cm) 5. More than 100 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 10 years nor more than 30 years.

SB137, s. 341 Section 341. 961.41 (1) (d) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,100,13 961.41 (1) (d) 1. Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 15 years.

SB137, s. 342 Section 342. 961.41 (1) (d) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,100,18 961.41 (1) (d) 2. More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 15 years.

SB137, s. 343 Section 343. 961.41 (1) (d) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,100,23 961.41 (1) (d) 3. More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 years.

SB137, s. 344 Section 344. 961.41 (1) (d) 4. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,101,3 961.41 (1) (d) 4. More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 15 years.

SB137, s. 345 Section 345. 961.41 (1) (d) 5. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,101,8 961.41 (1) (d) 5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 15 years.

SB137, s. 346 Section 346. 961.41 (1) (d) 6. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,101,13 961.41 (1) (d) 6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years nor more than 30 years.

SB137, s. 347 Section 347. 961.41 (1) (e) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,101,17 961.41 (1) (e) 1. Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 5 years.

SB137, s. 348 Section 348. 961.41 (1) (e) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,101,22 961.41 (1) (e) 2. More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 5 years.

SB137, s. 349 Section 349. 961.41 (1) (e) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,102,3 961.41 (1) (e) 3. More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 years.

SB137, s. 350 Section 350. 961.41 (1) (e) 4. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,102,8 961.41 (1) (e) 4. More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 15 years.

SB137, s. 351 Section 351. 961.41 (1) (e) 5. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,102,13 961.41 (1) (e) 5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 15 years.

SB137, s. 352 Section 352. 961.41 (1) (e) 6. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,102,18 961.41 (1) (e) 6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years nor more than 30 years.

SB137, s. 353 Section 353. 961.41 (1) (f) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,102,22 961.41 (1) (f) 1. One gram or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 5 years.

SB137, s. 354 Section 354. 961.41 (1) (f) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,103,3 961.41 (1) (f) 2. More than one gram but not more than 5 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 5 years.

SB137, s. 355 Section 355. 961.41 (1) (f) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,103,8 961.41 (1) (f) 3. More than 5 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 years.

SB137, s. 356 Section 356. 961.41 (1) (g) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,103,13 961.41 (1) (g) 1. One hundred grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 5 years.

SB137, s. 357 Section 357. 961.41 (1) (g) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,103,18 961.41 (1) (g) 2. More than 100 grams but not more than 500 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 5 years.

SB137, s. 358 Section 358. 961.41 (1) (g) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,103,23 961.41 (1) (g) 3. More than 500 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 years.

SB137, s. 359 Section 359. 961.41 (1) (h) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,104,3 961.41 (1) (h) 1. Five hundred grams or less, or 10 or fewer plants containing tetrahydrocannabinols, the person shall be fined not less than $500 nor more than $25,000 and may be imprisoned for not more than 3 years.

SB137, s. 360 Section 360. 961.41 (1) (h) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,104,10 961.41 (1) (h) 2. More than 500 grams but not more than 2,500 grams, or more than 10 plants containing tetrahydrocannabinols but not more than 50 plants containing tetrahydrocannabinols, the person shall be fined not less than $1,000 nor more than $50,000 and shall be imprisoned for not less than 3 months nor more than 5 years.

SB137, s. 361 Section 361. 961.41 (1) (h) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,104,15 961.41 (1) (h) 3. More than 2,500 grams, or more than 50 plants containing tetrahydrocannabinols, the person shall be fined not less than $1,000 nor more than $100,000 and shall be imprisoned for not less than one year nor more than 10 years.

SB137, s. 362 Section 362. 961.41 (1) (i) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,104,19 961.41 (1) (i) A substance included in schedule IV, may be fined not more than $10,000 or imprisoned for not more than 3 years or both.