SB237: Bill Text

SB237,88,20 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:

SB237,88,23 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.

SB237,88,24 b. Applying s. 939.62 to the product under subd. 2. a.

SB237,89,4 (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).

SB237,89,9 (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).

SB237, s. 230 Section 230. 939.32 (2) (title) of the statutes is created to read:

SB237,89,11 939.32 (2) (title) Misdemeanors.

SB237, s. 231 Section 231. 939.32 (3) (title) of the statutes is created to read:

SB237,89,13 939.32 (3) (title) Requirements.

SB237, s. 232 Section 232. 939.50 (1) (intro.) of the statutes is amended to read:

SB237,89,16 939.50 (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:

SB237, s. 233 Section 233. 939.50 (1) (bc) of the statutes is repealed.

SB237, s. 234 Section 234. 939.50 (1) (f) of the statutes is created to read:

SB237,89,19 939.50 (1) (f) Class F felony.

SB237, s. 235 Section 235. 939.50 (1) (g) of the statutes is created to read:

SB237,89,21 939.50 (1) (g) Class G felony.

SB237, s. 236 Section 236. 939.50 (1) (h) of the statutes is created to read:

SB237,89,23 939.50 (1) (h) Class H felony.

SB237, s. 237 Section 237. 939.50 (1) (i) of the statutes is created to read:

SB237,89,25 939.50 (1) (i) Class I felony.

SB237, s. 238 Section 238. 939.50 (2) of the statutes is amended to read:

SB237,90,3 939.50 (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.

SB237, s. 239 Section 239. 939.50 (3) (bc) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

SB237, s. 240 Section 240. 939.50 (3) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,90,9 939.50 (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.

SB237, s. 241 Section 241. 939.50 (3) (d) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,90,13 939.50 (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.

SB237, s. 242 Section 242. 939.50 (3) (e) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,90,17 939.50 (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.

SB237, s. 243 Section 243. 939.50 (3) (f) of the statutes is created to read:

SB237,90,20 939.50 (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.

SB237, s. 244 Section 244. 939.50 (3) (g) of the statutes is created to read:

SB237,90,23 939.50 (3) (g) For a Class G felony, a fine not to exceed $25,000 or imprisonment not to exceed 10 years, or both.

SB237, s. 245 Section 245. 939.50 (3) (h) of the statutes is created to read:

SB237,91,2 939.50 (3) (h) For a Class H felony, a fine not to exceed $10,000 or imprisonment not to exceed 6 years, or both.

SB237, s. 246 Section 246. 939.50 (3) (i) of the statutes is created to read:

SB237,91,5 939.50 (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.

SB237, s. 247 Section 247. 939.615 (7) (b) 2. of the statutes is amended to read:

SB237,91,8 939.615 (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.

SB237, s. 248 Section 248. 939.615 (7) (c) of the statutes is repealed.

SB237, s. 249 Section 249. 939.62 (1) (a) of the statutes is amended to read:

SB237,91,12 939.62 (1) (a) A maximum term of imprisonment of one year or less may be increased to not more than 3 2 years.

SB237, s. 250 Section 250. 939.62 (1) (b) of the statutes is amended to read:

SB237,91,17 939.62 (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.

SB237, s. 251 Section 251. 939.62 (1) (c) of the statutes is amended to read:

SB237,91,21 939.62 (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.

SB237, s. 252 Section 252. 939.62 (2m) (a) 2m. a. of the statutes is amended to read:

SB237,91,25 939.62 (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.

SB237, s. 253 Section 253. 939.62 (2m) (a) 2m. b. of the statutes is amended to read:

SB237,92,7 939.62 (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.

SB237, s. 254 Section 254. 939.622 of the statutes is repealed.

SB237, s. 255 Section 255. 939.623 of the statutes is repealed.

SB237, s. 256 Section 256. 939.624 of the statutes is repealed.

SB237, s. 257 Section 257. 939.625 of the statutes is repealed.

SB237, s. 258 Section 258. 939.63 (1) of the statutes is renumbered 939.63, and 939.63 (1) (d), (2) and (3), as renumbered, are amended to read:

SB237,92,15 939.63 (1) (d) The maximum term of imprisonment for a felony not specified in subd. 2. or 3. par (b) or (c) may be increased by not more than 3 years.

SB237,92,18 (2) The increased penalty provided in this subsection section does not apply if possessing, using or threatening to use a dangerous weapon is an essential element of the crime charged.

SB237,92,20 (3) This subsection section applies only to crimes specified under chs. 939 to 951 and 961.

SB237, s. 259 Section 259. 939.63 (2) of the statutes is repealed.

SB237, s. 260 Section 260. 939.632 (1) (e) 1. of the statutes is amended to read:

SB237,93,2 939.632 (1) (e) 1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09 (1) (1c), 940.19 (2), (3), (4) or (5), 940.21, 940.225 (1), (2) or (3), 940.305, 940.31, 941.20, 941.21, 943.02, 943.06, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.055, 948.07, 948.08, or 948.30 (2), 948.35 (1) (b) or (c) or 948.36.

SB237, s. 261 Section 261. 939.632 (2) of the statutes is amended to read:

SB237,93,5 939.632 (2) If a person commits a violent crime in a school zone, the maximum period term of imprisonment is increased as follows:

SB237,93,7 (a) If the violent crime is a felony, the maximum period term of imprisonment is increased by 5 years.

SB237,93,10 (b) If the violent crime is a misdemeanor, the maximum period term of imprisonment is increased by 3 months and the place of imprisonment is the county jail.

SB237, s. 262 Section 262. 939.635 of the statutes is repealed.

SB237, s. 263 Section 263. 939.64 of the statutes is repealed.

SB237, s. 264 Section 264. 939.641 of the statutes is repealed.

SB237, s. 265 Section 265. 939.645 (2) of the statutes is amended to read:

SB237,93,18 939.645 (2) (a) If the crime committed under sub. (1) is ordinarily a misdemeanor other than a Class A misdemeanor, the revised maximum fine is $10,000 and the revised maximum period term of imprisonment is one year in the county jail.

SB237,93,22 (b) If the crime committed under sub. (1) is ordinarily a Class A misdemeanor, the penalty increase under this section changes the status of the crime to a felony and the revised maximum fine is $10,000 and the revised maximum period term of imprisonment is 2 years.

SB237,94,2 (c) If the crime committed under sub. (1) is a felony, the maximum fine prescribed by law for the crime may be increased by not more than $5,000 and the maximum period term of imprisonment prescribed by law for the crime may be increased by not more than 5 years.

SB237, s. 266 Section 266. 939.646 of the statutes is repealed.

SB237, s. 267 Section 267. 939.647 of the statutes is repealed.

SB237, s. 268 Section 268. 939.648 of the statutes is repealed.

SB237, s. 269 Section 269. 939.72 (1) of the statutes is amended to read:

SB237,94,8 939.72 (1) Section 939.30, 948.35 or 948.36 for solicitation and s. 939.05 as a party to a crime which is the objective of the solicitation; or

SB237, s. 270 Section 270. 939.75 (1) of the statutes is amended to read:

SB237,94,14 939.75 (1) In this section and ss. 939.24 (1), 939.25 (1), 940.01 (1) (b), 940.02 (1m), 940.05 (2g) and (2h), 940.06 (2), 940.08 (2), 940.09 (1) (c) to (e), (1b) and (1g) (c) and (d), 940.10 (2), 940.195, 940.23 (1) (b) and (2) (b), 940.24 (2) and 940.25 (1) (c) to (e) and (1b), "unborn child" means any individual of the human species from fertilization until birth that is gestating inside a woman.

SB237, s. 271 Section 271. 940.02 (2) (intro.) of the statutes is amended to read:

SB237,94,17 940.02 (2) (intro.) Whoever causes the death of another human being under any of the following circumstances is guilty of a Class B C felony:

SB237, s. 272 Section 272. 940.03 of the statutes is amended to read:

SB237,94,23 940.03 Felony murder. Whoever causes the death of another human being while committing or attempting to commit a crime specified in s. 940.225 (1) or (2) (a), 943.02, 943.10 (2), 943.23 (1g) or 943.32 (2) may be imprisoned for not more than 20 15 years in excess of the maximum period term of imprisonment provided by law for that crime or attempt.

SB237, s. 273 Section 273. 940.04 (1) of the statutes is amended to read:

SB237,95,3 940.04 (1) Any person, other than the mother, who intentionally destroys the life of an unborn child may be fined not more than $5,000 or imprisoned not more than 3 years or both is guilty of a Class H felony.

SB237, s. 274 Section 274. 940.04 (2) (intro.) of the statutes is amended to read:

SB237,95,6 940.04 (2) (intro.) Any person, other than the mother, who does either of the following may be imprisoned not more than 15 years is guilty of a Class E felony:

SB237, s. 275 Section 275. 940.04 (4) of the statutes is amended to read:

SB237,95,10 940.04 (4) Any pregnant woman who intentionally destroys the life of her unborn quick child or who consents to such destruction by another may be imprisoned not more than 2 years is guilty of a Class I felony.