SB237: Bill Text

SB237, s. 588 Section 588. 948.35 of the statutes is repealed.

SB237, s. 589 Section 589. 948.36 of the statutes is repealed.

SB237, s. 590 Section 590. 948.40 (4) (a) of the statutes is amended to read:

SB237,147,25 948.40 (4) (a) If death is a consequence, the person is guilty of a Class C D felony; or

SB237, s. 591 Section 591. 948.40 (4) (b) of the statutes is amended to read:

SB237,148,4 948.40 (4) (b) If the child's act which is encouraged or contributed to is a violation of a state or federal criminal law which is punishable as a felony, the person is guilty of a Class D H felony.

SB237, s. 592 Section 592. 948.51 (3) (b) of the statutes is amended to read:

SB237,148,7 948.51 (3) (b) A Class E H felony if the act results in great bodily harm or death to another.

SB237, s. 593 Section 593. 948.51 (3) (c) of the statutes is created to read:

SB237,148,9 948.51 (3) (c) A Class G felony if the act results in the death of another.

SB237, s. 594 Section 594. 948.60 (2) (b) of the statutes is amended to read:

SB237,148,13 948.60 (2) (b) Except as provided in par. (c), any person who intentionally sells, loans or gives a dangerous weapon to a person under 18 years of age is guilty of a Class E I felony.

SB237, s. 595 Section 595. 948.60 (2) (c) of the statutes is amended to read:

SB237,148,17 948.60 (2) (c) Whoever violates par. (b) is guilty of a Class D H felony if the person under 18 years of age under par. (b) discharges the firearm and the discharge causes death to himself, herself or another.

SB237, s. 596 Section 596. 948.605 (2) (a) of the statutes is amended to read:

SB237,148,21 948.605 (2) (a) Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone is guilty of a Class A misdemeanor I felony.

SB237, s. 597 Section 597. 948.605 (3) (a) of the statutes is amended to read:

SB237,148,25 948.605 (3) (a) Any individual who knowingly, or with reckless disregard for the safety of another, discharges or attempts to discharge a firearm at a place the individual knows is a school zone is guilty of a Class D G felony.

SB237, s. 598 Section 598. 948.605 (4) of the statutes is repealed.

SB237, s. 599 Section 599. 948.61 (2) (b) of the statutes is amended to read:

SB237,149,5 948.61 (2) (b) A Class E I felony, if the violation is the person's 2nd or subsequent violation of this section within a 5-year period, as measured from the dates the violations occurred.

SB237, s. 600 Section 600. 948.62 (1) (a) of the statutes is amended to read:

SB237,149,8 948.62 (1) (a) A Class E felony A misdemeanor, if the value of the property does not exceed $500.

SB237, s. 601 Section 601. 948.62 (1) (b) of the statutes is amended to read:

SB237,149,11 948.62 (1) (b) A Class D I felony, if the value of the property exceeds $500 but does not exceed $2,500 $2,000.

SB237, s. 602 Section 602. 948.62 (1) (bm) of the statutes is created to read:

SB237,149,14 948.62 (1) (bm) A Class H felony, if the value of the property exceeds $2,000 but does not exceed $5,000.

SB237, s. 603 Section 603. 948.62 (1) (c) of the statutes is amended to read:

SB237,149,17 948.62 (1) (c) A Class C G felony, if the value of the property exceeds $2,500 $5,000.

SB237, s. 604 Section 604. 949.03 (1) (b) of the statutes is amended to read:

SB237,149,24 949.03 (1) (b) The commission or the attempt to commit any crime specified in s. 346.62 (4), 346.63 (2) or (6), 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.09, 940.10, 940.19, 940.20, 940.201, 940.21, 940.22 (2), 940.225, 940.23, 940.24, 940.25, 940.285, 940.29, 940.30, 940.305, 940.31, 940.32, 941.327, 943.02, 943.03, 943.04, 943.10, 943.20, 943.23 (1g), (1m) or (1r), 943.32, 948.02, 948.025, 948.03, 948.04, 948.07, 948.095, 948.20, 948.30 or 948.51.

SB237, s. 605 Section 605. 950.04 (1v) (g) of the statutes is amended to read:

SB237,150,3 950.04 (1v) (g) To have reasonable attempts made to notify the victim of hearings or court proceedings, as provided under ss. 302.113 (9g) (g) 2., 302.114 (6), 938.27 (4m) and (6), 938.273 (2), 971.095 (3) and 972.14 (3) (b).

SB237, s. 606 Section 606. 950.04 (1v) (nt) of the statutes is created to read:

SB237,150,7 950.04 (1v) (nt) To attend a hearing on a petition for modification of a bifurcated sentence and provide a statement concerning modification of the bifurcated sentence, as provided under s. 302.113 (9g) (d).

SB237, s. 607 Section 607. 951.18 (1) of the statutes, as affected by 1997 Wisconsin Act 192, is amended to read:

SB237,150,20 951.18 (1) Any person violating s. 951.02, 951.025, 951.03, 951.04, 951.05, 951.06, 951.07, 951.09, 951.10, 951.11, 951.13, 951.14 or 951.15 is subject to a Class C forfeiture. Any person who violates any of these provisions within 3 years after a humane officer issues an abatement order under s. 173.11 prohibiting the violation of that provision is subject to a Class A forfeiture. Any person who intentionally or negligently violates any of those sections is guilty of a Class A misdemeanor. Any person who intentionally violates s. 951.02, resulting in the mutilation, disfigurement or death of an animal, is guilty of a Class E I felony. Any person who intentionally violates s. 951.02 or 951.06, knowing that the animal that is the victim is used by a law enforcement agency to perform agency functions or duties and causing injury to the animal, is guilty of a Class E I felony.

SB237, s. 608 Section 608. 951.18 (2) of the statutes is amended to read:

SB237,150,25 951.18 (2) Any person who violates s. 951.08 (2m) or (3) is guilty of a Class A misdemeanor. Any person who violates s. 951.08 (1) or (2) is guilty of a Class E I felony for the first violation and is guilty of a Class D H felony for the 2nd or subsequent violation.

SB237, s. 609 Section 609. 951.18 (2m) of the statutes is amended to read:

SB237,151,12 951.18 (2m) Any person who violates s. 951.095 is subject to a Class B forfeiture. Any person who intentionally or negligently violates s. 951.095, knowing that the animal that is the victim is used by a law enforcement agency or fire department to perform agency or department functions or duties, is guilty of a Class A misdemeanor. Any person who intentionally violates s. 951.095, knowing that the animal that is the victim is used by a law enforcement agency or fire department to perform agency or department functions or duties and causing injury to the animal, is guilty of a Class E I felony. Any person who intentionally violates s. 951.095, knowing that the animal that is the victim is used by a law enforcement agency or fire department to perform agency or department functions or duties and causing death to the animal, is guilty of a Class D H felony.

SB237, s. 610 Section 610. 961.41 (1) (intro.) of the statutes is amended to read:

SB237,151,17 961.41 (1) Manufacture, distribution or delivery. (intro.) Except as authorized by this chapter, it is unlawful for any person to manufacture, distribute or deliver a controlled substance or controlled substance analog. Any person who violates this subsection with respect to is subject to the following penalties:

SB237, s. 611 Section 611. 961.41 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,151,25 961.41 (1) (a) Schedule I and II narcotic drugs generally. Except as provided in par. (d), if a person violates this subsection with respect to a controlled substance included in schedule I or II which is a narcotic drug, or a controlled substance analog of a controlled substance included in schedule I or II which is a narcotic drug, may be fined not more than $25,000 or imprisoned for not more than 22 years and 6 months or both the person is guilty of a Class E felony.

SB237, s. 612 Section 612. 961.41 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,152,8 961.41 (1) (b) Schedule I, II and III nonnarcotic drugs generally. Except as provided in pars. (cm) and (e) to (h), if a person violates this subsection with respect to 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 7 years and 6 months or both the person is guilty of a Class H felony.

SB237, s. 613 Section 613. 961.41 (1) (cm) (intro.) of the statutes is amended to read:

SB237,152,13 961.41 (1) (cm) Cocaine and cocaine base. (intro.) Cocaine If the person violates this subsection with respect to cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, is subject to the following penalties if and the amount manufactured, distributed or delivered is:

SB237, s. 614 Section 614. 961.41 (1) (cm) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is renumbered 961.41 (1) (cm) 1r. and amended to read:

SB237,152,18 961.41 (1) (cm) 1r. Five grams or less More than one gram but not more than 5 grams, the person shall be fined not more than $500,000 and may be imprisoned for not more than 15 years is guilty of a Class F felony.

SB237, s. 615 Section 615. 961.41 (1) (cm) 1g. of the statutes is created to read:

SB237,152,20 961.41 (1) (cm) 1g. One gram or less, the person is guilty of a Class G felony.

SB237, s. 616 Section 616. 961.41 (1) (cm) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,152,25 961.41 (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 22 years and 6 months is guilty of a Class E felony.

SB237, s. 617 Section 617. 961.41 (1) (cm) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,153,5 961.41 (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 30 years is guilty of a Class D felony.

SB237, s. 618 Section 618. 961.41 (1) (cm) 4. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,153,10 961.41 (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 45 years is guilty of a Class C felony.

SB237, s. 619 Section 619. 961.41 (1) (cm) 5. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

SB237, s. 620 Section 620. 961.41 (1) (d) (intro.) of the statutes is amended to read:

SB237,153,16 961.41 (1) (d) Heroin. (intro.) Heroin If the person violates this subsection with respect to heroin or a controlled substance analog of heroin is subject to the following penalties if and the amount manufactured, distributed or delivered is:

SB237, s. 621 Section 621. 961.41 (1) (d) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,153,21 961.41 (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 22 years and 6 months is guilty of a Class F felony.

SB237, s. 622 Section 622. 961.41 (1) (d) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,154,2 961.41 (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 22 years and 6 months is guilty of a Class E felony.

SB237, s. 623 Section 623. 961.41 (1) (d) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,154,8 961.41 (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 22 years and 6 months is guilty of a Class D felony.

SB237, s. 624 Section 624. 961.41 (1) (d) 4. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,154,14 961.41 (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 22 years and 6 months is guilty of a Class C felony.

SB237, s. 625 Section 625. 961.41 (1) (d) 5. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

SB237, s. 626 Section 626. 961.41 (1) (d) 6. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

SB237, s. 627 Section 627. 961.41 (1) (e) (intro.) of the statutes is amended to read:

SB237,154,25 961.41 (1) (e) Phencyclidine, amphetamine, methamphetamine and methcathinone. (intro.) Phencyclidine If the person violates this subsection with respect to phencyclidine, amphetamine, methamphetamine or methcathinone, or a controlled substance analog of phencyclidine, amphetamine, methamphetamine or methcathinone, is subject to the following penalties if and the amount manufactured, distributed or delivered is:

SB237, s. 628 Section 628. 961.41 (1) (e) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,155,5 961.41 (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 7 years and 6 months is guilty of a Class F felony.

SB237, s. 629 Section 629. 961.41 (1) (e) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,155,11 961.41 (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 7 years and 6 months is guilty of a Class E felony.

SB237, s. 630 Section 630. 961.41 (1) (e) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,155,17 961.41 (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 22 years and 6 months is guilty of a Class D felony.

SB237, s. 631 Section 631. 961.41 (1) (e) 4. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,155,23 961.41 (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 22 years and 6 months is guilty of a Class C felony.

SB237, s. 632 Section 632. 961.41 (1) (e) 5. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

SB237, s. 633 Section 633. 961.41 (1) (e) 6. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

SB237, s. 634 Section 634. 961.41 (1) (f) (intro.) of the statutes is amended to read:

SB237,156,7 961.41 (1) (f) Lysergic acid diethylamide. (intro.) Lysergic If the person violates this subsection with respect to lysergic acid diethylamide or a controlled substance analog of lysergic acid diethylamide is subject to the following penalties if and the amount manufactured, distributed or delivered is:

SB237, s. 635 Section 635. 961.41 (1) (f) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,156,12 961.41 (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 7 years and 6 months is guilty of a Class G felony.

SB237, s. 636 Section 636. 961.41 (1) (f) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read: