SB237, s. 220
14Section
220. 938.355 (4) (b) of the statutes is amended to read:
SB237,85,2315
938.355
(4) (b) An order under s. 938.34 (4d), (4h) or (4m) for which a juvenile
16has been adjudicated delinquent is subject to par. (a), except that the judge may make
17an order under s. 938.34 (4d) or (4m) apply for up to 2 years or until the juvenile's 18th
18birthdate, whichever is earlier and the judge shall make an order under s. 938.34 (4h)
19apply for 5 years, if the juvenile is adjudicated delinquent for committing an act that
20would be punishable as a Class B
or C felony if committed by an adult, or until the
21juvenile reaches 25 years of age, if the juvenile is adjudicated delinquent for
22committing an act that would be punishable as a Class A felony if committed by an
23adult.
SB237, s. 221
24Section
221. 938.78 (3) of the statutes is amended to read:
SB237,86,20
1938.78
(3) If a juvenile adjudged delinquent under s. 48.12, 1993 stats., or s.
2938.12 or found to be in need of protection or services under s. 48.13 (12), 1993 stats.,
3or s. 48.13 (14), 1993 stats., or s. 938.13 (12) or (14) on the basis of a violation of s.
4943.23 (1m) or (1r), 1997 stats., or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235,
5941.237, 941.24, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325,
6943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g),
(1m) or (1r), 943.32 (2), 948.02,
7948.025, 948.03, 948.05, 948.055, 948.60, 948.605 or 948.61 or any crime specified in
8ch. 940 has escaped from a secured correctional facility, child caring institution,
9inpatient facility, as defined in s. 51.01 (10), secure detention facility or juvenile
10portion of a county jail, or from the custody of a peace officer or a guard of such a
11facility, institution or jail, or has been allowed to leave a secured correctional facility,
12child caring institution, inpatient facility, secure detention facility or juvenile
13portion of a county jail for a specified time period and is absent from the facility,
14institution or jail for more than 12 hours after the expiration of the specified period,
15the department or county department having supervision over the juvenile may
16release the juvenile's name and any information about the juvenile that is necessary
17for the protection of the public or to secure the juvenile's return to the facility,
18institution or jail. The department of corrections shall promulgate rules establishing
19guidelines for the release of the juvenile's name or information about the juvenile to
20the public.
SB237, s. 222
21Section
222. 939.22 (21) (d) of the statutes is amended to read:
SB237,86,2322
939.22
(21) (d) Battery,
substantial battery or aggravated battery, as
23prohibited in s. 940.19 or 940.195.
SB237, s. 223
24Section
223. 939.30 (1) of the statutes is amended to read:
SB237,87,4
1939.30
(1) Except as provided in sub. (2) and
ss. 948.35 and s. 961.455, whoever,
2with intent that a felony be committed, advises another to commit that crime under
3circumstances that indicate unequivocally that he or she has the intent is guilty of
4a Class
D H felony.
SB237, s. 224
5Section
224. 939.30 (2) of the statutes is amended to read:
SB237,87,86
939.30
(2) For a solicitation to commit a crime for which the penalty is life
7imprisonment, the actor is guilty of a Class
C F felony. For a solicitation to commit
8a Class
E I felony, the actor is guilty of a Class
E I felony.
SB237, s. 225
9Section
225. 939.32 (1) (intro.) of the statutes is amended to read:
SB237,87,1310
939.32
(1) Generally. (intro.) Whoever attempts to commit a felony or a crime
11specified in s. 940.19, 940.195 or 943.20 may be fined or imprisoned or both
not to
12exceed one-half the maximum penalty for the completed crime; as provided under
13sub. (1g), except:
SB237, s. 226
14Section
226. 939.32 (1) (b) of the statutes is repealed.
SB237, s. 227
15Section
227. 939.32 (1) (bm) of the statutes is created to read:
SB237,87,1816
939.32
(1) (bm) Whoever attempts to commit a Class I felony, other than one
17to which a penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. or b. is being
18applied, is guilty of a Class A misdemeanor.
SB237, s. 228
19Section
228. 939.32 (1g) of the statutes is created to read:
SB237,87,2120
939.32
(1g) Maximum penalty. The maximum penalty for an attempt to commit
21a crime that is punishable under sub. (1) (intro.) is as follows:
SB237,87,2222
(a) The maximum fine is one-half of the maximum fine for the completed crime.
SB237,87,2523
(b) 1. If s. 939.62 is not being applied, the maximum term of imprisonment is
24one-half of the maximum term of imprisonment, as increased by any penalty
25enhancement statute listed in s. 973.01 (2) (c) 2. a. and b., for the completed crime.
SB237,88,2
12. If s. 939.62 is being applied, the maximum term of imprisonment is
2determined by the following method:
SB237,88,53
a. Multiplying by one-half the maximum term of imprisonment, as increased
4by any penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. and b., for the
5completed crime.
SB237,88,66
b. Applying s. 939.62 to the product under subd. 2. a.
SB237, s. 229
7Section
229. 939.32 (1m) of the statutes is created to read:
SB237,88,108
939.32
(1m) Bifurcated sentences. If the court imposes a bifurcated sentence
9under s. 973.01 (1) for an attempt to commit a crime that is punishable under sub.
10(1) (intro.), the following requirements apply:
SB237,88,1611
(a)
Maximum term of confinement for attempt to commit classified felony. 1.
12Subject to the minimum term of extended supervision required under s. 973.01 (2)
13(d), if the crime is a classified felony and s. 939.62 is not being applied, the maximum
14term of confinement in prison is one-half of the maximum term of confinement in
15prison specified in s. 973.01 (2) (b), as increased by any penalty enhancement statute
16listed in s. 973.01 (2) (c) 2. a. and b., for the classified felony.
SB237,88,2017
2. Subject to the minimum term of extended supervision required under s.
18973.01 (2) (d), if the crime is a classified felony and s. 939.62 is being applied, the
19court shall determine the maximum term of confinement in prison by the following
20method:
SB237,88,2321
a. Multiplying by one-half the maximum term of confinement in prison
22specified in s. 973.01 (2) (b), as increased by any penalty enhancement statutes listed
23in s. 973.01 (2) (c) 2. a. and b., for the classified felony.
SB237,88,2424
b. Applying s. 939.62 to the product under subd. 2. a.
SB237,89,4
1(b)
Maximum term of extended supervision for attempt to commit classified
2felony. The maximum term of extended supervision for an attempt to commit a
3classified felony is one-half of the maximum term of extended supervision for the
4completed crime under s. 973.01 (2) (d).
SB237,89,95
(c)
Maximum term of confinement for attempt to commit unclassified felony or
6misdemeanor. The court shall determine the maximum term of confinement in
7prison for an attempt to commit a crime other than a classified felony by applying
8s. 973.01 (2) (b) 10. to the maximum term of imprisonment calculated under sub. (1g)
9(b).
SB237, s. 230
10Section
230. 939.32 (2) (title) of the statutes is created to read:
SB237,89,1111
939.32
(2) (title)
Misdemeanors.
SB237, s. 231
12Section
231. 939.32 (3) (title) of the statutes is created to read:
SB237,89,1313
939.32
(3) (title)
Requirements.
SB237, s. 232
14Section
232. 939.50 (1) (intro.) of the statutes is amended to read:
SB237,89,1615
939.50
(1) (intro.)
Except as provided in ss. 946.83 and 946.85, felonies Felonies 16in
chs. 939 to 951 the statutes are classified as follows:
SB237, s. 233
17Section
233. 939.50 (1) (bc) of the statutes is repealed.
SB237, s. 234
18Section
234. 939.50 (1) (f) of the statutes is created to read:
SB237,89,1919
939.50
(1) (f) Class F felony.
SB237, s. 235
20Section
235. 939.50 (1) (g) of the statutes is created to read:
SB237,89,2121
939.50
(1) (g) Class G felony.
SB237, s. 236
22Section
236. 939.50 (1) (h) of the statutes is created to read:
SB237,89,2323
939.50
(1) (h) Class H felony.
SB237, s. 237
24Section
237. 939.50 (1) (i) of the statutes is created to read:
SB237,89,2525
939.50
(1) (i) Class I felony.
SB237, s. 238
1Section
238. 939.50 (2) of the statutes is amended to read:
SB237,90,32
939.50
(2) A felony is a Class A, B,
BC, C, D
or, E
, F, G, H or I felony when it
3is so specified in
chs. 939 to 951 the statutes.
SB237,90,98
939.50
(3) (c) For a Class C felony, a fine not to exceed
$10,000 $100,000 or
9imprisonment not to exceed
15 40 years, or both.
SB237,90,1312
939.50
(3) (d) For a Class D felony, a fine not to exceed
$10,000 $100,000 or
13imprisonment not to exceed
10 25 years, or both.
SB237,90,1716
939.50
(3) (e) For a Class E felony, a fine not to exceed
$10,000 $50,000 or
17imprisonment not to exceed
5 15 years, or both.
SB237, s. 243
18Section
243. 939.50 (3) (f) of the statutes is created to read:
SB237,90,2019
939.50
(3) (f) For a Class F felony, a fine not to exceed $25,000 or imprisonment
20not to exceed 12 years and 6 months, or both.
SB237, s. 244
21Section
244. 939.50 (3) (g) of the statutes is created to read:
SB237,90,2322
939.50
(3) (g) For a Class G felony, a fine not to exceed $25,000 or imprisonment
23not to exceed 10 years, or both.
SB237, s. 245
24Section
245. 939.50 (3) (h) of the statutes is created to read:
SB237,91,2
1939.50
(3) (h) For a Class H felony, a fine not to exceed $10,000 or imprisonment
2not to exceed 6 years, or both.
SB237, s. 246
3Section
246. 939.50 (3) (i) of the statutes is created to read:
SB237,91,54
939.50
(3) (i) For a Class I felony, a fine not to exceed $10,000 or imprisonment
5not to exceed 3 years and 6 months, or both.
SB237, s. 247
6Section
247. 939.615 (7) (b) 2. of the statutes is amended to read:
SB237,91,87
939.615
(7) (b) 2. Whoever violates par. (a) is guilty of a Class
E I felony if the
8same conduct that violates par. (a) also constitutes a crime that is a felony.
SB237, s. 248
9Section
248. 939.615 (7) (c) of the statutes is repealed.
SB237, s. 249
10Section
249. 939.62 (1) (a) of the statutes is amended to read:
SB237,91,1211
939.62
(1) (a) A maximum term
of imprisonment of one year or less may be
12increased to not more than
3 2 years.
SB237, s. 250
13Section
250. 939.62 (1) (b) of the statutes is amended to read:
SB237,91,1714
939.62
(1) (b) A maximum term
of imprisonment of more than one year but not
15more than 10 years may be increased by not more than 2 years if the prior convictions
16were for misdemeanors and by not more than
6 4 years if the prior conviction was for
17a felony.
SB237, s. 251
18Section
251. 939.62 (1) (c) of the statutes is amended to read:
SB237,91,2119
939.62
(1) (c) A maximum term
of imprisonment of more than 10 years may be
20increased by not more than 2 years if the prior convictions were for misdemeanors
21and by not more than
10 6 years if the prior conviction was for a felony.
SB237, s. 252
22Section
252. 939.62 (2m) (a) 2m. a. of the statutes is amended to read:
SB237,91,2523
939.62
(2m) (a) 2m. a. Any felony under s. 961.41 (1), (1m) or (1x)
if the felony 24is that is a Class A, B or C felony or, if the felony was committed before December 31,
251999, that was punishable by a maximum prison term of 30 years or more.
SB237, s. 253
1Section
253. 939.62 (2m) (a) 2m. b. of the statutes is amended to read:
SB237,92,72
939.62
(2m) (a) 2m. b. Any felony under
s. 940.09 (1), 1997 stats., s. 943.23 (1m)
3or (1r), 1997 stats., s. 948.35 (1) (b) or (c), 1997 stats., or s. 948.36, 1997 stats., or s.
4940.01, 940.02, 940.03, 940.05, 940.09
(1) (1c), 940.16, 940.19 (5), 940.195 (5), 940.21,
5940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g),
6(1m) or (1r), 943.32 (2), 946.43, 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05,
7948.06, 948.07, 948.08
, or 948.30 (2)
, 948.35 (1) (b) or (c) or 948.36.
SB237, s. 256
10Section
256. 939.624 of the statutes is repealed.
SB237, s. 257
11Section
257. 939.625 of the statutes is repealed.
SB237, s. 258
12Section
258. 939.63 (1) of the statutes is renumbered 939.63, and 939.63 (1)
13(d), (2) and (3), as renumbered, are amended to read:
SB237,92,1514
939.63
(1) (d) The maximum term of imprisonment for a felony not specified
15in
subd. 2. or 3. par (b) or (c) may be increased by not more than 3 years.
SB237,92,18
16(2) The increased penalty provided in this
subsection section does not apply if
17possessing, using or threatening to use a dangerous weapon is an essential element
18of the crime charged.
SB237,92,20
19(3) This
subsection section applies only to crimes specified under chs. 939 to
20951 and 961.
SB237, s. 259
21Section
259. 939.63 (2) of the statutes is repealed.
SB237, s. 260
22Section
260. 939.632 (1) (e) 1. of the statutes is amended to read:
SB237,93,223
939.632
(1) (e) 1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09
(1) 24(1c), 940.19 (2),
(3), (4) or (5), 940.21, 940.225 (1), (2) or (3), 940.305, 940.31, 941.20,
25941.21, 943.02, 943.06, 943.10 (2), 943.23 (1g),
(1m) or (1r), 943.32 (2), 948.02 (1) or
1(2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.055, 948.07, 948.08
, or 948.30 (2)
, 948.35
2(1) (b) or (c) or 948.36.
SB237, s. 261
3Section
261. 939.632 (2) of the statutes is amended to read:
SB237,93,54
939.632
(2) If a person commits a violent crime in a school zone, the maximum
5period term of imprisonment is increased as follows:
SB237,93,76
(a) If the violent crime is a felony, the maximum
period term of imprisonment
7is increased by 5 years.