SB237: Bill Text

SB237,73,2 343.44 (2) (b) (intro.) Except as provided in par. (am), any person who violates sub. (1) (b), (c) or (d) shall be fined not more than $2,500 or imprisoned for not more than one year in the county jail or both. In imposing a sentence under this paragraph, or a local ordinance in conformity with this paragraph, the court shall review the record and consider the following:

SB237, s. 169 Section 169. 344.48 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,73,6 344.48 (2) Any person violating this section may be fined not more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both.

SB237, s. 170 Section 170. 346.04 (2t) of the statutes is created to read:

SB237,73,11 346.04 (2t) No operator of a vehicle, after having received a visible or audible signal to stop his or her vehicle from a traffic officer or marked police vehicle, shall knowingly resist the traffic officer by failing to stop his or her vehicle as promptly as safety reasonably permits.

SB237, s. 171 Section 171. 346.04 (4) of the statutes is created to read:

SB237,73,15 346.04 (4) Subsection (2t) is not an included offense of sub. (3), but a person may not be convicted of violating both subs. (2t) and (3) for acts arising out of the same incident or occurrence.

SB237, s. 172 Section 172. 346.17 (2t) of the statutes is created to read:

SB237,73,18 346.17 (2t) Any person violating s. 346.04 (2t) may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB237, s. 173 Section 173. 346.17 (3) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,73,23 346.17 (3) (a) Except as provided in par. (b), (c) or (d), any person violating s. 346.04 (3) shall be fined not less than $600 nor more than $10,000 and may be imprisoned for not more than 3 years is guilty of a Class I felony.

SB237, s. 174 Section 174. 346.17 (3) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,74,4 346.17 (3) (b) If the violation results in bodily harm, as defined in s. 939.22 (4), to another, or causes damage to the property of another, as defined in s. 939.22 (28), the person shall be fined not less than $1,000 nor more than $10,000 and may be imprisoned for not more than 3 years is guilty of a Class H felony.

SB237, s. 175 Section 175. 346.17 (3) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,74,9 346.17 (3) (c) If the violation results in great bodily harm, as defined in s. 939.22 (14), to another, the person shall be fined not less than $1,100 nor more than $10,000 and may be imprisoned for not more than 3 years is guilty of a Class F felony.

SB237, s. 176 Section 176. 346.17 (3) (d) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,74,14 346.17 (3) (d) If the violation results in the death of another, the person shall be fined not less than $1,100 nor more than $10,000 and may be imprisoned for not more than 7 years and 6 months is guilty of a Class E felony.

SB237, s. 177 Section 177. 346.175 (1) (a) of the statutes is amended to read:

SB237,74,18 346.175 (1) (a) Subject to s. 346.01 (2), the owner of a vehicle involved in a violation of s. 346.04 (2t) or (3) for fleeing a traffic officer shall be presumed liable for the violation as provided in this section.

SB237, s. 178 Section 178. 346.175 (1) (b) of the statutes is amended to read:

SB237,74,24 346.175 (1) (b) Notwithstanding par. (a), no owner of a vehicle involved in a violation of s. 346.04 (2t) or (3) for fleeing a traffic officer may be convicted under this section if the person operating the vehicle or having the vehicle under his or her control at the time of the violation has been convicted for the violation under this section or under s. 346.04 (2t) or (3).

SB237, s. 179 Section 179. 346.175 (4) (b) of the statutes is amended to read:

SB237,75,7 346.175 (4) (b) If the owner of the vehicle provides a traffic officer employed by the authority issuing the citation with the name and address of the person operating the vehicle or having the vehicle under his or her control at the time of the violation and sufficient information for the officer to determine that probable cause does not exist to believe that the owner of the vehicle was operating the vehicle at the time of the violation, then the owner of the vehicle shall not be liable under this section or under s. 346.04 (2t) or (3).

SB237, s. 180 Section 180. 346.175 (4) (c) of the statutes is amended to read:

SB237,75,13 346.175 (4) (c) If the vehicle is owned by a lessor of vehicles and at the time of the violation the vehicle was in the possession of a lessee, and the lessor provides a traffic officer employed by the authority issuing the citation with the information required under s. 343.46 (3), then the lessee and not the lessor shall be liable under this section or under s. 346.04 (2t) or (3).

SB237, s. 181 Section 181. 346.175 (4) (d) of the statutes is amended to read:

SB237,75,21 346.175 (4) (d) If the vehicle is owned by a dealer, as defined in s. 340.01 (11) (intro.) but including the persons specified in s. 340.01 (11) (a) to (d), and at the time of the violation the vehicle was being operated by or was under the control of any person on a trial run, and if the dealer provides a traffic officer employed by the authority issuing the citation with the name, address and operator's license number of the person operating the vehicle, then that person, and not the dealer, shall be liable under this section or under s. 346.04 (2t) or (3).

SB237, s. 182 Section 182. 346.175 (5) (intro.) of the statutes is amended to read:

SB237,75,24 346.175 (5) (intro.) Notwithstanding the penalty otherwise specified under s. 346.17 (2t) or (3) for a violation of s. 346.04 (2t) or (3):

SB237, s. 183 Section 183. 346.175 (5) (a) of the statutes is amended to read:

SB237,76,3 346.175 (5) (a) A vehicle owner or other person found liable under this section for a violation of s. 346.04 (2t) or (3) shall be required to forfeit not less than $300 nor more than $1,000.

SB237, s. 184 Section 184. 346.65 (2) (e) of the statutes is amended to read:

SB237,76,10 346.65 (2) (e) Except as provided in par. (f), is guilty of a Class H felony and shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 6 months nor more than 5 years if the total number of suspensions, revocations and convictions counted under s. 343.307 (1) equals 5 or more, except that suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.

SB237, s. 185 Section 185. 346.65 (5) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,76,15 346.65 (5) Except as provided in sub. (5m), any person violating s. 346.62 (4) shall be fined not less than $600 nor more than $2,000 and may be imprisoned for not less than 90 days nor more than 2 years and 3 months is guilty of a Class I felony.

SB237, s. 186 Section 186. 346.74 (5) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,76,21 346.74 (5) (b) Shall May be fined not less than $300 nor more than $5,000 $10,000 or imprisoned for not less than 10 days nor more than 2 years 9 months or both if the accident involved injury to a person but the person did not suffer great bodily harm.

SB237, s. 187 Section 187. 346.74 (5) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,77,3 346.74 (5) (c) May be fined not more than $10,000 or imprisoned not more than 3 years or both Is guilty of a Class I felony if the accident involved injury to a person and the person suffered great bodily harm.

SB237, s. 188 Section 188. 346.74 (5) (d) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,77,8 346.74 (5) (d) May be fined not more than $10,000 or imprisoned not more than 7 years and 6 months or both Is guilty of a Class H felony if the accident involved death to a person.

SB237, s. 189 Section 189. 350.11 (2m) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,77,14 350.11 (2m) Any person who violates s. 350.135 (1) shall be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class H felony if the violation causes the death or injury, as defined in s. 30.67 (3) (b), of another person.

SB237, s. 190 Section 190. 351.07 (2) (a) of the statutes is renumbered 351.07 (2).

SB237, s. 191 Section 191. 351.07 (2) (b) of the statutes is repealed.

SB237, s. 192 Section 192. 446.07 of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,77,21 446.07 Penalty. Anyone violating this chapter may be fined not less than $100 nor more than $500 $10,000 or imprisoned for not more than 2 years 9 months or both.

SB237, s. 193 Section 193. 447.09 of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,78,3 447.09 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.

SB237, s. 194 Section 194. 450.11 (9) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,78,9 450.11 (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.

SB237, s. 195 Section 195. 450.14 (5) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,78,14 450.14 (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.

SB237, s. 196 Section 196. 450.15 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,78,19 450.15 (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.

SB237, s. 197 Section 197. 551.58 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,79,4 551.58 (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.

SB237, s. 198 Section 198. 552.19 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,79,13 552.19 (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.

SB237, s. 199 Section 199. 553.52 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,79,24 553.52 (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.

SB237, s. 200 Section 200. 553.52 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,80,8 553.52 (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.

SB237, s. 201 Section 201. 562.13 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,80,12 562.13 (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.

SB237, s. 202 Section 202. 562.13 (4) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,80,17 562.13 (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.

SB237, s. 203 Section 203. 565.50 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,80,23 565.50 (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.

SB237, s. 204 Section 204. 565.50 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,81,3 565.50 (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.

SB237, s. 205 Section 205. 601.64 (4) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,81,13 601.64 (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.

SB237, s. 206 Section 206. 641.19 (4) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,81,22 641.19 (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.

SB237, s. 207 Section 207. 641.19 (4) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,82,6 641.19 (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.

SB237, s. 208 Section 208. 753.061 (2m) of the statutes is amended to read:

SB237,82,14 753.061 (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.

SB237, s. 209 Section 209. 765.30 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,82,18 765.30 (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:

SB237, s. 210 Section 210. 765.30 (2) (intro.) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,82,22 765.30 (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:

SB237, s. 211 Section 211. 768.07 of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,83,3 768.07 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.

SB237, s. 212 Section 212. 783.07 of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,83,13 783.07 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.

SB237, s. 213 Section 213. 801.50 (5) of the statutes is amended to read:

SB237,83,20 801.50 (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.