SB357: Bill Text

SB357,234,25 948.23 Concealing death of child. Any person who conceals the corpse of any issue of a woman's body with intent to prevent a determination of whether it was born dead or alive is guilty of a Class E I felony.

SB357, s. 759 Section 759. 948.24 (1) (intro.) of the statutes is amended to read:

SB357,235,3 948.24 (1) (intro.) Whoever does any of the following is guilty of a Class D H felony:

SB357, s. 760 Section 760. 948.30 (1) (intro.) of the statutes is amended to read:

SB357,235,6 948.30 (1) (intro.) Any person who, for any unlawful purpose, does any of the following is guilty of a Class C E felony:

SB357, s. 761 Section 761. 948.30 (2) (intro.) of the statutes is amended to read:

SB357,235,9 948.30 (2) (intro.) Any person who, for any unlawful purpose, does any of the following is guilty of a Class B C felony:

SB357, s. 762 Section 762. 948.31 (1) (b) of the statutes is amended to read:

SB357,235,19 948.31 (1) (b) Except as provided under chs. 48 and 938, whoever intentionally causes a child to leave, takes a child away or withholds a child for more than 12 hours beyond the court-approved period of physical placement or visitation period from a legal custodian with intent to deprive the custodian of his or her custody rights without the consent of the custodian is guilty of a Class C F felony. This paragraph is not applicable if the court has entered an order authorizing the person to so take or withhold the child. The fact that joint legal custody has been awarded to both parents by a court does not preclude a court from finding that one parent has committed a violation of this paragraph.

SB357, s. 763 Section 763. 948.31 (2) of the statutes is amended to read:

SB357,236,2 948.31 (2) Whoever causes a child to leave, takes a child away or withholds a child for more than 12 hours from the child's parents or, in the case of a nonmarital child whose parents do not subsequently intermarry under s. 767.60, from the child's mother or, if he has been granted legal custody, the child's father, without the consent of the parents, the mother or the father with legal custody, is guilty of a Class E I felony. This subsection is not applicable if legal custody has been granted by court order to the person taking or withholding the child.

SB357, s. 764 Section 764. 948.31 (3) (intro.) of the statutes is amended to read:

SB357,236,5 948.31 (3) (intro.) Any parent, or any person acting pursuant to directions from the parent, who does any of the following is guilty of a Class C F felony:

SB357, s. 765 Section 765. 948.35 of the statutes is repealed.

SB357, s. 766 Section 766. 948.36 of the statutes is repealed.

SB357, s. 767 Section 767. 948.40 (4) (a) of the statutes is amended to read:

SB357,236,10 948.40 (4) (a) If death is a consequence, the person is guilty of a Class C D felony; or

SB357, s. 768 Section 768. 948.40 (4) (b) of the statutes is amended to read:

SB357,236,14 948.40 (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.

SB357, s. 769 Section 769. 948.51 (3) (b) of the statutes is amended to read:

SB357,236,17 948.51 (3) (b) A Class E H felony if the act results in great bodily harm or death to another.

SB357, s. 770 Section 770. 948.51 (3) (c) of the statutes is created to read:

SB357,236,19 948.51 (3) (c) A Class G felony if the act results in the death of another.

SB357, s. 771 Section 771. 948.60 (2) (b) of the statutes is amended to read:

SB357,236,23 948.60 (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.

SB357, s. 772 Section 772. 948.60 (2) (c) of the statutes is amended to read:

SB357,237,3 948.60 (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.

SB357, s. 773 Section 773. 948.605 (2) (a) of the statutes is amended to read:

SB357,237,7 948.605 (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.

SB357, s. 774 Section 774. 948.605 (3) (a) of the statutes is amended to read:

SB357,237,11 948.605 (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.

SB357, s. 775 Section 775. 948.605 (4) of the statutes is repealed.

SB357, s. 776 Section 776. 948.61 (2) (b) of the statutes is amended to read:

SB357,237,16 948.61 (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.

SB357, s. 777 Section 777. 948.62 (1) (a) of the statutes is amended to read:

SB357,237,19 948.62 (1) (a) A Class E felony A misdemeanor, if the value of the property does not exceed $500.

SB357, s. 778 Section 778. 948.62 (1) (b) of the statutes is amended to read:

SB357,237,22 948.62 (1) (b) A Class D I felony, if the value of the property exceeds $500 but does not exceed $2,500 $2,000.

SB357, s. 779 Section 779. 948.62 (1) (bm) of the statutes is created to read:

SB357,237,25 948.62 (1) (bm) A Class H felony, if the value of the property exceeds $2,000 but does not exceed $5,000.

SB357, s. 780 Section 780. 948.62 (1) (c) of the statutes is amended to read:

SB357,238,3 948.62 (1) (c) A Class C G felony, if the value of the property exceeds $2,500 $5,000.

SB357, s. 781 Section 781. 949.03 (1) (b) of the statutes is amended to read:

SB357,238,10 949.03 (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.

SB357, s. 782 Section 782. 950.04 (1v) (g) of the statutes is amended to read:

SB357,238,14 950.04 (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).

SB357, s. 783 Section 783. 950.04 (1v) (nt) of the statutes is created to read:

SB357,238,18 950.04 (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).

SB357, s. 784 Section 784. 951.18 (1) of the statutes, as affected by 1997 Wisconsin Act 192, is amended to read:

SB357,239,6 951.18 (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.

SB357, s. 785 Section 785. 951.18 (2) of the statutes is amended to read:

SB357,239,11 951.18 (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.

SB357, s. 786 Section 786. 951.18 (2m) of the statutes is amended to read:

SB357,239,23 951.18 (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.

SB357, s. 787 Section 787. 961.41 (1) (intro.) of the statutes is amended to read:

SB357,240,4 961.41 (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:

SB357, s. 788 Section 788. 961.41 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,240,12 961.41 (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.

SB357, s. 789 Section 789. 961.41 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,240,20 961.41 (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.

SB357, s. 790 Section 790. 961.41 (1) (cm) (intro.) of the statutes is amended to read:

SB357,240,25 961.41 (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:

SB357, s. 791 Section 791. 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:

SB357,241,5 961.41 (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.

SB357, s. 792 Section 792. 961.41 (1) (cm) 1g. of the statutes is created to read:

SB357,241,7 961.41 (1) (cm) 1g. One gram or less, the person is guilty of a Class G felony.

SB357, s. 793 Section 793. 961.41 (1) (cm) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,241,12 961.41 (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.

SB357, s. 794 Section 794. 961.41 (1) (cm) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,241,17 961.41 (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.

SB357, s. 795 Section 795. 961.41 (1) (cm) 4. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,241,22 961.41 (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.

SB357, s. 796 Section 796. 961.41 (1) (cm) 5. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

SB357, s. 797 Section 797. 961.41 (1) (d) (intro.) of the statutes is amended to read:

SB357,242,3 961.41 (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:

SB357, s. 798 Section 798. 961.41 (1) (d) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,242,8 961.41 (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.

SB357, s. 799 Section 799. 961.41 (1) (d) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,242,14 961.41 (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.

SB357, s. 800 Section 800. 961.41 (1) (d) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,242,20 961.41 (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.

SB357, s. 801 Section 801. 961.41 (1) (d) 4. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,243,2 961.41 (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.

SB357, s. 802 Section 802. 961.41 (1) (d) 5. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

SB357, s. 803 Section 803. 961.41 (1) (d) 6. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

SB357, s. 804 Section 804. 961.41 (1) (e) (intro.) of the statutes is amended to read:

SB357,243,13 961.41 (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:

SB357, s. 805 Section 805. 961.41 (1) (e) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,243,18 961.41 (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.