SB357: Bill Text

SB357,170,13 a. For 1999: $.0094241 per unit sold after the effective date of this subdivision paragraph .... [revisor inserts date].

SB357,170,14 b. For 2000: $.0104712 per unit sold.

SB357,170,15 c. For each of 2001 and 2002: $.0136125 per unit sold.

SB357,170,16 d. For each of 2003 to 2006: $.0167539 per unit sold.

SB357,170,17 e. For each year after 2006: $.0188482 per unit sold.

SB357,170,21 2. A tobacco product manufacturer that places money into escrow under subd. 1. shall receive the interest or other appreciation on that money as earned. The money placed into escrow shall be released from escrow only under the following circumstances:

SB357,171,2 a. To pay a judgment or settlement on any released claim brought against that tobacco product manufacturer by this state or any releasing party located or residing in this state. Moneys shall be released from escrow under this paragraph in the order in which they were placed into escrow and only to the extent and at the time necessary to make payments required under the judgment or settlement.

SB357,171,11 b. To the extent that a tobacco product manufacturer establishes that the amount it was required to place into escrow in a particular year was greater than the state's allocable share of the total payments that the manufacturer would have been required to make in that year under the master settlement agreement had it been a participating manufacturer, as those payments are determined under section IX (i) (2) of the master settlement agreement and before any of the adjustments or offsets described in section IX (i) (3) of that agreement other than the inflation adjustment, the excess shall be released from escrow and revert to that tobacco product manufacturer.

SB357,171,14 c. To the extent not released from escrow under subd. 2. a. or b., money shall be released from escrow and revert to the tobacco product manufacturer twenty-five years after the date on which the money was placed into escrow.

SB357,171,21 3. Each tobacco product manufacturer that elects to place money into escrow under subd. 1. shall annually certify to the attorney general by each April 15 that the tobacco product manufacturer is in compliance with subds. 1. and 2. The attorney general may bring a civil action on behalf of the state against any tobacco product manufacturer that fails to place into escrow the moneys required under this subsection. Any tobacco product manufacturer that fails in any year to place into escrow the money required under subd. 1. shall:

SB357,172,2 a. Be required within 15 days to place money into escrow as shall bring the tobacco product manufacturer into compliance with this subsection. The court, upon a finding of violation of this paragraph, may impose a civil penalty in an amount not to exceed 5% of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 100% of the original amount improperly withheld from escrow.

SB357,172,8 b. In the case of a knowing violation, be required within 15 days to place such funds into escrow as shall bring it into compliance with this subsection. The court, upon a finding of a knowing violation of this paragraph, may impose a civil penalty in an amount not to exceed 15% of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 300% of the original amount improperly withheld from escrow.

SB357,172,11 c. In the case of a second or subsequent knowing violation, be prohibited from selling cigarettes to consumers within this state directly or through a distributor, retailer or similar intermediary for a period not to exceed 2 years.

SB357,172,13 4. Each failure to make an annual deposit required under this subsection shall constitute a separate violation.

SB357,172,16 (3) Awards of costs and attorney fees. If the attorney general is the prevailing party in an action under this section, the court shall award the attorney general costs and, notwithstanding s. 814.04 (1), reasonable attorney fees.

SB357,172,19 (4) Promulgation of rules. The department of revenue shall promulgate the rules necessary to ascertain the amount of Wisconsin excise tax paid on the cigarettes of each tobacco product manufacturer for each year.

SB357, s. 392 Section 392. 911.01 (4) (c) of the statutes is amended to read:

SB357,173,2 911.01 (4) (c) Miscellaneous proceedings. Proceedings for extradition or rendition; sentencing, or granting or revoking probation, modification of a bifurcated sentence under s. 302.113 (9g), issuance of arrest warrants, criminal summonses and search warrants; proceedings under s. 971.14 (1) (c); proceedings with respect to pretrial release under ch. 969 except where habeas corpus is utilized with respect to release on bail or as otherwise provided in ch. 969.

SB357, s. 393 Section 393. 938.208 (1) (a) of the statutes is amended to read:

SB357,173,8 938.208 (1) (a) Probable cause exists to believe that the juvenile has committed a delinquent act that would be a felony under s. 940.01, 940.02, 940.03, 940.05, 940.19 (2) to (6), 940.21, 940.225 (1), 940.31, 941.20 (3), 943.02 (1), 943.23 (1g), (1m) or (1r), 943.32 (2), 947.013 (1t), (1v) or (1x), 948.02 (1) or (2), 948.025 or 948.03 if committed by an adult.

SB357, s. 394 Section 394. 938.34 (4h) (a) of the statutes is amended to read:

SB357,173,16 938.34 (4h) (a) The juvenile is 14 years of age or over and has been adjudicated delinquent for committing a violation of s. 939.31, 939.32 (1) (a), 940.03, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, (1) or 948.30 (2), 948.35 (1) (b) or 948.36 or the juvenile is 10 years of age or over and has been adjudicated delinquent for attempting or committing a violation of s. 940.01 or for committing a violation of 940.02 or 940.05.

SB357, s. 395 Section 395. 938.34 (4m) (b) 1. of the statutes is amended to read:

SB357,173,21 938.34 (4m) (b) 1. The juvenile has committed a delinquent act that would be a felony under s. 940.01, 940.02, 940.03, 940.05, 940.19 (2) to (6), 940.21, 940.225 (1), 940.31, 941.20 (3), 943.02 (1), 943.23 (1g), (1m) or (1r), 943.32 (2), 947.013 (1t), (1v) or (1x), 948.02 (1) or (2), 948.025 or 948.03 if committed by an adult.

SB357, s. 396 Section 396. 938.355 (2d) (b) 3. of the statutes is amended to read:

SB357,174,5 938.355 (2d) (b) 3. That the parent has committed a violation of s. 940.19 (3), 1997 stats., or s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) if committed in this state, and that the violation resulted in great bodily harm, as defined in s. 938.22 939.22 (14), or in substantial bodily harm, as defined in s. 938.22 939.22 (38), to the juvenile or another child of the parent.

SB357, s. 397 Section 397. 938.355 (4) (b) of the statutes is amended to read:

SB357,174,15 938.355 (4) (b) An order under s. 938.34 (4d), (4h) or (4m) for which a juvenile has been adjudicated delinquent is subject to par. (a), except that the judge may make an order under s. 938.34 (4d) or (4m) apply for up to 2 years or until the juvenile's 18th birthdate, whichever is earlier and the judge shall make an order under s. 938.34 (4h) apply for 5 years, if the juvenile is adjudicated delinquent for committing a violation of s. 943.10 (2) or for committing an act that would be punishable as a Class B or C felony if committed by an adult, or until the juvenile reaches 25 years of age, if the juvenile is adjudicated delinquent for committing an act that would be punishable as a Class A felony if committed by an adult.

SB357, s. 398 Section 398. 938.78 (3) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB357,175,12 938.78 (3) If a juvenile adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need of protection or services under s. 48.13 (12), 1993 stats., or s. 48.13 (14), 1993 stats., or s. 938.13 (12) or (14) on the basis of a violation of s. 943.23 (1m) or (1r), 1997 stats., or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60, 948.605 or 948.61 or any crime specified in ch. 940 has escaped from a secured correctional facility, child caring institution, secured group home, inpatient facility, as defined in s. 51.01 (10), secure detention facility or juvenile portion of a county jail, or from the custody of a peace officer or a guard of such a facility, institution or jail, or has been allowed to leave a secured correctional facility, child caring institution, secured group home, inpatient facility, secure detention facility or juvenile portion of a county jail for a specified time period and is absent from the facility, institution, home or jail for more than 12 hours after the expiration of the specified period, the department or county department having supervision over the juvenile may release the juvenile's name and any information about the juvenile that is necessary for the protection of the public or to secure the juvenile's return to the facility, institution, home or jail. The department of corrections shall promulgate rules establishing guidelines for the release of the juvenile's name or information about the juvenile to the public.

SB357, s. 399 Section 399. 939.22 (21) (d) of the statutes is amended to read:

SB357,175,15 939.22 (21) (d) Battery, substantial battery or aggravated battery, as prohibited in s. 940.19 or 940.195.

SB357, s. 400 Section 400. 939.30 (1) of the statutes is amended to read:

SB357,175,20 939.30 (1) Except as provided in sub. (2) and ss. 948.35 and s. 961.455, whoever, with intent that a felony be committed, advises another to commit that crime under circumstances that indicate unequivocally that he or she has the intent is guilty of a Class D H felony.

SB357, s. 401 Section 401. 939.30 (2) of the statutes is amended to read:

SB357,175,24 939.30 (2) For a solicitation to commit a crime for which the penalty is life imprisonment, the actor is guilty of a Class C F felony. For a solicitation to commit a Class E I felony, the actor is guilty of a Class E I felony.

SB357, s. 402 Section 402. 939.32 (1) (intro.) of the statutes is amended to read:

SB357,176,4 939.32 (1) Generally. (intro.) Whoever attempts to commit a felony or a crime specified in s. 940.19, 940.195 or 943.20 may be fined or imprisoned or both not to exceed one-half the maximum penalty for the completed crime; as provided under sub. (1g), except:

SB357, s. 403 Section 403. 939.32 (1) (b) of the statutes is repealed.

SB357, s. 404 Section 404. 939.32 (1) (bm) of the statutes is created to read:

SB357,176,9 939.32 (1) (bm) Whoever attempts to commit a Class I felony, other than one to which a penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. or b. is being applied, is guilty of a Class A misdemeanor.

SB357, s. 405 Section 405. 939.32 (1g) of the statutes is created to read:

SB357,176,12 939.32 (1g) Maximum penalty. The maximum penalty for an attempt to commit a crime that is punishable under sub. (1) (intro.) is as follows:

SB357,176,13 (a) The maximum fine is one-half of the maximum fine for the completed crime.

SB357,176,16 (b) 1. If s. 939.62 is not being applied, the maximum term of imprisonment is one-half of the maximum term of imprisonment, as increased by any penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. and b., for the completed crime.

SB357,176,18 2. If s. 939.62 is being applied, the maximum term of imprisonment is determined by the following method:

SB357,176,21 a. Multiplying by one-half the maximum term of imprisonment, as increased by any penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. and b., for the completed crime.

SB357,176,22 b. Applying s. 939.62 to the product under subd. 2. a.

SB357, s. 406 Section 406. 939.32 (1m) of the statutes is created to read:

SB357,177,3 939.32 (1m) Bifurcated sentences. If the court imposes a bifurcated sentence under s. 973.01 (1) for an attempt to commit a crime that is punishable under sub. (1) (intro.), the following requirements apply:

SB357,177,9 (a) Maximum term of confinement for attempt to commit classified felony. 1. Subject to the minimum term of extended supervision required under s. 973.01 (2) (d), if the crime is a classified felony and s. 939.62 is not being applied, the maximum term of confinement in prison is one-half of the maximum term of confinement in prison specified in s. 973.01 (2) (b), as increased by any penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. and b., for the classified felony.

SB357,177,13 2. Subject to the minimum term of extended supervision required under s. 973.01 (2) (d), if the crime is a classified felony and s. 939.62 is being applied, the court shall determine the maximum term of confinement in prison by the following method:

SB357,177,16 a. Multiplying by one-half the maximum term of confinement in prison specified in s. 973.01 (2) (b), as increased by any penalty enhancement statutes listed in s. 973.01 (2) (c) 2. a. and b., for the classified felony.

SB357,177,17 b. Applying s. 939.62 to the product under subd. 2. a.

SB357,177,21 (b) Maximum term of extended supervision for attempt to commit classified felony. The maximum term of extended supervision for an attempt to commit a classified felony is one-half of the maximum term of extended supervision for the completed crime under s. 973.01 (2) (d).

SB357,178,2 (c) Maximum term of confinement for attempt to commit unclassified felony or misdemeanor. The court shall determine the maximum term of confinement in prison for an attempt to commit a crime other than a classified felony by applying s. 973.01 (2) (b) 10. to the maximum term of imprisonment calculated under sub. (1g) (b).

SB357, s. 407 Section 407. 939.32 (2) (title) of the statutes is created to read:

SB357,178,4 939.32 (2) (title) Misdemeanors.

SB357, s. 408 Section 408. 939.32 (3) (title) of the statutes is created to read:

SB357,178,6 939.32 (3) (title) Requirements.

SB357, s. 409 Section 409. 939.50 (1) (intro.) of the statutes is amended to read:

SB357,178,9 939.50 (1) (intro.) Except as provided in ss. 946.83 and 946.85, felonies Felonies in chs. 939 to 951 the statutes are classified as follows:

SB357, s. 410 Section 410. 939.50 (1) (bc) of the statutes is repealed.

SB357, s. 411 Section 411. 939.50 (1) (f) of the statutes is created to read:

SB357,178,12 939.50 (1) (f) Class F felony.

SB357, s. 412 Section 412. 939.50 (1) (g) of the statutes is created to read:

SB357,178,14 939.50 (1) (g) Class G felony.

SB357, s. 413 Section 413. 939.50 (1) (h) of the statutes is created to read:

SB357,178,16 939.50 (1) (h) Class H felony.

SB357, s. 414 Section 414. 939.50 (1) (i) of the statutes is created to read:

SB357,178,18 939.50 (1) (i) Class I felony.

SB357, s. 415 Section 415. 939.50 (2) of the statutes is amended to read:

SB357,178,21 939.50 (2) A felony is a Class A, B, BC, C, D or, E, F, G, H or I felony when it is so specified in chs. 939 to 951 the statutes.

SB357, s. 416 Section 416. 939.50 (3) (bc) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

SB357, s. 417 Section 417. 939.50 (3) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,179,2 939.50 (3) (c) For a Class C felony, a fine not to exceed $10,000 $100,000 or imprisonment not to exceed 15 40 years, or both.

SB357, s. 418 Section 418. 939.50 (3) (d) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,179,6 939.50 (3) (d) For a Class D felony, a fine not to exceed $10,000 $100,000 or imprisonment not to exceed 10 25 years, or both.

SB357, s. 419 Section 419. 939.50 (3) (e) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,179,10 939.50 (3) (e) For a Class E felony, a fine not to exceed $10,000 $50,000 or imprisonment not to exceed 5 15 years, or both.

SB357, s. 420 Section 420. 939.50 (3) (f) of the statutes is created to read:

SB357,179,13 939.50 (3) (f) For a Class F felony, a fine not to exceed $25,000 or imprisonment not to exceed 12 years and 6 months, or both.

SB357, s. 421 Section 421. 939.50 (3) (g) of the statutes is created to read:

SB357,179,16 939.50 (3) (g) For a Class G felony, a fine not to exceed $25,000 or imprisonment not to exceed 10 years, or both.

SB357, s. 422 Section 422. 939.50 (3) (h) of the statutes is created to read:

SB357,179,19 939.50 (3) (h) For a Class H felony, a fine not to exceed $10,000 or imprisonment not to exceed 6 years, or both.

SB357, s. 423 Section 423. 939.50 (3) (i) of the statutes is created to read:

SB357,179,22 939.50 (3) (i) For a Class I felony, a fine not to exceed $10,000 or imprisonment not to exceed 3 years and 6 months, or both.

SB357, s. 424 Section 424. 939.615 (7) (b) 2. of the statutes is amended to read: