SB357: Bill Text

SB357,146,22 304.071 (2) If a prisoner is not eligible for parole under s. 961.49 (2), 1997 stats., or s. 939.62 (2m) (c), 961.49 (2), 973.01 (6), 973.014 (1) (c) or (1g) or 973.032 (5), he or she is not eligible for parole under this section.

SB357, s. 311 Section 311. 341.605 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,147,3 341.605 (3) Whoever violates sub. (1) or (2) may be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months, or both, for each violation is guilty of a Class H felony.

SB357, s. 312 Section 312. 342.06 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,147,8 342.06 (2) Any person who knowingly makes a false statement in an application for a certificate of title may be fined not more than $5,000 or imprisoned not more than 7 years and 6 months or both is guilty of a Class H felony.

SB357, s. 313 Section 313. 342.065 (4) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,147,13 342.065 (4) (b) Any person who violates sub. (1) with intent to defraud 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.

SB357, s. 314 Section 314. 342.155 (4) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,147,18 342.155 (4) (b) Any person who violates this section with intent to defraud may be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months or both is guilty of Class H felony.

SB357, s. 315 Section 315. 342.156 (6) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,147,23 342.156 (6) (b) Any person who violates this section with intent to defraud 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.

SB357, s. 316 Section 316. 342.30 (3) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,148,3 342.30 (3) (a) Any person who violates sub. (1g) 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.

SB357, s. 317 Section 317. 342.32 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,148,8 342.32 (3) Whoever violates sub. (1) or (2) may be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months, or both, for each violation is guilty of a Class H felony.

SB357, s. 318 Section 318. 343.31 (1) (i) of the statutes is amended to read:

SB357,148,11 343.31 (1) (i) Knowingly fleeing or attempting to elude a traffic officer under s. 346.04 (3).

SB357, s. 319 Section 319. 343.31 (3) (d) (intro.) of the statutes is amended to read:

SB357,148,15 343.31 (3) (d) (intro.) Any person convicted of knowingly fleeing or attempting to elude a traffic officer under s. 346.04 (3) shall have his or her operating privilege revoked as follows:

SB357, s. 320 Section 320. 343.44 (2) (b) (intro.) of the statutes is amended to read:

SB357,148,21 343.44 (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:

SB357, s. 321 Section 321. 344.48 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,148,25 344.48 (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.

SB357, s. 322 Section 322. 344.576 (3) (a) 5. of the statutes is amended to read:

SB357,149,3 344.576 (3) (a) 5. The address and telephone number of the office of consumer protection in the department of agriculture, trade and consumer protection justice.

SB357, s. 323 Section 323. 344.576 (3) (c) of the statutes is amended to read:

SB357,149,9 344.576 (3) (c) The department of agriculture, trade and consumer protection justice shall promulgate rules specifying the form of the notice required under par. (a), including the size of the paper and the type size and any highlighting of the information described in par. (a). The rule may specify additional information that must be included in the notice and the precise language that must be used.

SB357, s. 324 Section 324. 344.579 (2) (intro.) of the statutes is amended to read:

SB357,149,14 344.579 (2) Enforcement. (intro.) The department of agriculture, trade and consumer protection justice shall investigate violations of ss. 344.574, 344.576 (1), (2) and (3) (a) and (b), 344.577 and 344.578. The department of agriculture, trade and consumer protection justice may on behalf of the state:

SB357, s. 325 Section 325. 346.04 (2t) of the statutes is created to read:

SB357,149,19 346.04 (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.

SB357, s. 326 Section 326. 346.04 (4) of the statutes is created to read:

SB357,149,23 346.04 (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.

SB357, s. 327 Section 327. 346.17 (2t) of the statutes is created to read:

SB357,150,2 346.17 (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.

SB357, s. 328 Section 328. 346.17 (3) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,150,7 346.17 (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.

SB357, s. 329 Section 329. 346.17 (3) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,150,13 346.17 (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.

SB357, s. 330 Section 330. 346.17 (3) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,150,18 346.17 (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.

SB357, s. 331 Section 331. 346.17 (3) (d) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,150,23 346.17 (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.

SB357, s. 332 Section 332. 346.175 (1) (a) of the statutes is amended to read:

SB357,151,3 346.175 (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.

SB357, s. 333 Section 333. 346.175 (1) (b) of the statutes is amended to read:

SB357,151,9 346.175 (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).

SB357, s. 334 Section 334. 346.175 (4) (b) of the statutes is amended to read:

SB357,151,17 346.175 (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).

SB357, s. 335 Section 335. 346.175 (4) (c) of the statutes is amended to read:

SB357,151,23 346.175 (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).

SB357, s. 336 Section 336. 346.175 (4) (d) of the statutes is amended to read:

SB357,152,7 346.175 (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).

SB357, s. 337 Section 337. 346.175 (5) (intro.) of the statutes is amended to read:

SB357,152,10 346.175 (5) (intro.) Notwithstanding the penalty otherwise specified under s. 346.17 (2t) or (3) for a violation of s. 346.04 (2t) or (3):

SB357, s. 338 Section 338. 346.175 (5) (a) of the statutes is amended to read:

SB357,152,14 346.175 (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.

SB357, s. 339 Section 339. 346.65 (2) (e) of the statutes is amended to read:

SB357,152,21 346.65 (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.

SB357, s. 340 Section 340. 346.65 (5) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,153,3 346.65 (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.

SB357, s. 341 Section 341. 346.74 (5) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,153,9 346.74 (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.

SB357, s. 342 Section 342. 346.74 (5) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,153,14 346.74 (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.

SB357, s. 343 Section 343. 346.74 (5) (d) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,153,19 346.74 (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.

SB357, s. 344 Section 344. 350.11 (2m) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,153,25 350.11 (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.

SB357, s. 345 Section 345. 351.07 (2) (a) of the statutes is renumbered 351.07 (2).

SB357, s. 346 Section 346. 351.07 (2) (b) of the statutes is repealed.

SB357, s. 347 Section 347. 446.07 of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,154,7 446.07 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.

SB357, s. 348 Section 348. 447.09 of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,154,14 447.09 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.

SB357, s. 349 Section 349. 450.11 (9) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,154,20 450.11 (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.

SB357, s. 350 Section 350. 450.14 (5) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,154,25 450.14 (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.

SB357, s. 351 Section 351. 450.15 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,155,5 450.15 (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.

SB357, s. 352 Section 352. 551.58 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,155,15 551.58 (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.

SB357, s. 353 Section 353. 552.19 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,155,24 552.19 (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.

SB357, s. 354 Section 354. 553.52 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,156,11 553.52 (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.

SB357, s. 355 Section 355. 553.52 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,156,19 553.52 (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.