SB357: Bill Text

SB357, s. 300 Section 300. 302.114 (9) (d) of the statutes is created to read:

SB357,143,14 302.114 (9) (d) In any case in which there is a hearing before the division of hearings and appeals in the department of administration concerning whether to revoke a person's extended supervision, the person on extended supervision may seek review of a decision to revoke extended supervision and the department of corrections may seek review of a decision to not revoke extended supervision. Review of a decision under this paragraph may be sought only by an action for certiorari.

SB357, s. 301 Section 301. 302.33 (1) of the statutes is amended to read:

SB357,143,23 302.33 (1) The maintenance of persons who have been sentenced to the state penal institutions; persons in the custody of the department, except as provided in sub. (2) and s. ss. 301.048 (7), 302.113 (8m) and 302.114 (8m); persons accused of crime and committed for trial; persons committed for the nonpayment of fines and expenses; and persons sentenced to imprisonment therein, while in the county jail, shall be paid out of the county treasury. No claim may be allowed to any sheriff for keeping or boarding any person in the county jail unless the person was lawfully detained therein.

SB357, s. 302 Section 302. 302.43 of the statutes is amended to read:

SB357,144,13 302.43 Good time. Every inmate of a county jail is eligible to earn good time in the amount of one-fourth of his or her term for good behavior if sentenced to at least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). An inmate who violates an order under s. 973.031 requiring him or her to participate in a drug treatment program, violates any law or any regulation of the jail, or neglects or refuses to perform any duty lawfully required of him or her, may be deprived by the sheriff of good time under this section, except that the sheriff shall not deprive the inmate of more than 2 days good time for any one offense without the approval of the court. An inmate who files an action or special proceeding, including a petition for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of the number of days of good time specified in the court order prepared under s. 807.15 (3).

SB357, s. 303 Section 303. 303.065 (1) (b) 1. of the statutes is amended to read:

SB357,144,19 303.065 (1) (b) 1. A person serving a life sentence, other than a life sentence specified in subd. 2., may be considered for work release only after he or she has reached parole eligibility under s. 304.06 (1) (b) or 973.014 (1) (a) or (b), whichever is applicable, or he or she has reached his or her extended supervision eligibility date under s. 302.114 (9) (b) (a) or 973.014 (1g) (a) 1. or 2., whichever is applicable.

SB357, s. 304 Section 304. 303.08 (1) (intro.) of the statutes is amended to read:

SB357,144,24 303.08 (1) (intro.) Any person sentenced to a county jail for crime, nonpayment of a fine or forfeiture, or contempt of court, or subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m) may be granted the privilege of leaving the jail during necessary and reasonable hours for any of the following purposes:

SB357, s. 305 Section 305. 303.08 (2) of the statutes is amended to read:

SB357,145,7 303.08 (2) Unless such privilege is expressly granted by the court or, in the case of a person subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m), the department, the prisoner person is sentenced to ordinary confinement. The A prisoner, other than a person subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m), may petition the court for such privilege at the time of sentence or thereafter, and in the discretion of the court may renew the prisoner's petition. The court may withdraw the privilege at any time by order entered with or without notice.

SB357, s. 306 Section 306. 303.08 (5) (intro.) of the statutes is amended to read:

SB357,145,13 303.08 (5) (intro.) By order of the court or, for a person subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m), by order of the department, the wages, salary and unemployment insurance and employment training benefits received by prisoners shall be disbursed by the sheriff for the following purposes, in the order stated:

SB357, s. 307 Section 307. 303.08 (6) of the statutes is amended to read:

SB357,145,20 303.08 (6) The department, for a person subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m), or the sentencing court may, by order, may authorize the sheriff to whom the prisoner is committed to arrange with another sheriff for the employment or employment training of the prisoner in the other's county, and while so employed or trained to be in the other's custody but in other respects to be and continue subject to the commitment.

SB357, s. 308 Section 308. 303.08 (12) of the statutes is amended to read:

SB357,146,2 303.08 (12) In counties having a house of correction, any person violating the privilege granted under sub. (1) may be transferred by the county jailer to the house of correction for the remainder of the term of the person's sentence or, if applicable, the remainder of the person's confinement sanction under s. 302.113 (8m) or 302.114 (8m).

SB357, s. 309 Section 309. 304.06 (1) (b) of the statutes is amended to read:

SB357,146,18 304.06 (1) (b) Except as provided in s. 961.49 (2), 1997 stats., sub. (1m) or s. 302.045 (3), 961.49 (2), 973.01 (6) or 973.0135, the parole commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25% of the sentence imposed for the offense, or 6 months, whichever is greater. Except as provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g) or (2), the parole commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension under s. 302.11 (1q) and (2), if applicable. The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing.

SB357, s. 310 Section 310. 304.071 (2) of the statutes is amended to read:

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: