SB357, s. 897 14Section 897. 961.48 (2m) (a) of the statutes is amended to read:
SB357,263,2215 961.48 (2m) (a) Whenever a person charged with an a felony offense under this
16chapter may be subject to a conviction for a 2nd or subsequent offense, he or she is
17not subject to an enhanced penalty under sub. (1) or (2) unless any applicable prior
18convictions are alleged in the complaint, indictment or information or in an amended
19complaint, indictment or information that is filed under par. (b) 1. A person is not
20subject to an enhanced penalty under sub. (1) or (2) for an offense if an allegation of
21applicable prior convictions is withdrawn by an amended complaint filed under par.
22(b) 2.
SB357, s. 898 23Section 898. 961.48 (3) of the statutes is amended to read:
SB357,264,424 961.48 (3) For purposes of this section, an a felony offense under this chapter
25is considered a 2nd or subsequent offense if, prior to the offender's conviction of the

1offense, the offender has at any time been convicted of any felony or misdemeanor
2offense
under this chapter or under any statute of the United States or of any state
3relating to controlled substances or controlled substance analogs, narcotic drugs,
4marijuana or depressant, stimulant or hallucinogenic drugs.
SB357, s. 899 5Section 899. 961.48 (4) of the statutes is repealed.
SB357, s. 900 6Section 900. 961.49 (1) of the statutes is renumbered 961.49.
SB357, s. 901 7Section 901. 961.49 (2) of the statutes is repealed.
SB357, s. 902 8Section 902. 961.49 (3) of the statutes is repealed.
SB357, s. 903 9Section 903. 961.492 of the statutes is repealed.
SB357, s. 904 10Section 904. 968.255 (1) (a) 2. of the statutes is amended to read:
SB357,264,1211 968.255 (1) (a) 2. Arrested for any misdemeanor under s. 167.30, 940.19, 941.20
12(1), 941.23, 941.237, 941.24, 948.60, 948.605 (2) (a) or 948.61.
SB357, s. 905 13Section 905. 968.31 (1) (intro.) of the statutes, as affected by 1997 Wisconsin
14Act 283
, is amended to read:
SB357,264,1815 968.31 (1) (intro.) Except as otherwise specifically provided in ss. 196.63 or
16968.28 to 968.30, whoever commits any of the acts enumerated in this section may
17be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months
18or both
is guilty of a Class H felony:
SB357, s. 906 19Section 906. 968.34 (3) of the statutes, as affected by 1997 Wisconsin Act 283,
20is amended to read:
SB357,264,2221 968.34 (3) Whoever knowingly violates sub. (1) shall may be fined not more
22than $10,000 or imprisoned for not more than 2 years 9 months or both.
SB357, s. 907 23Section 907. 968.43 (3) of the statutes, as affected by 1997 Wisconsin Act 283,
24is amended to read:
SB357,265,3
1968.43 (3) Any person who violates an oath or affirmation required by sub. (2)
2may be imprisoned for not more than 7 years and 6 months is guilty of a Class H
3felony
.
SB357, s. 908 4Section 908. 969.08 (10) (a) of the statutes is amended to read:
SB357,265,75 969.08 (10) (a) "Commission of a serious crime" includes a solicitation,
6conspiracy or attempt, under s. 939.30, 939.31, or 939.32 or 948.35, to commit a
7serious crime.
SB357, s. 909 8Section 909. 969.08 (10) (b) of the statutes is amended to read:
SB357,265,159 969.08 (10) (b) "Serious crime" means any crime specified in s. 346.62 (4),
10940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5), 940.195
11(5), 940.20, 940.201, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.24, 940.25,
12940.29, 940.295 (3) (b) 1g., 1m., 1r., 2. or 3., 940.31, 941.20 (2) or (3), 941.26, 941.30,
13941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.03, 943.04, 943.06, 943.10,
14943.23 (1g), (1m) or (1r), 943.30, 943.32, 946.01, 946.02, 946.43, 947.015, 948.02 (1)
15or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07 or 948.30.
SB357, s. 910 16Section 910. 971.17 (1) of the statutes is renumbered 971.17 (1) (a) and
17amended to read:
SB357,266,318 971.17 (1) (a) Felonies committed before the effective date of this paragraph ....
19[revisor inserts date].
When Except as provided in par. (c), when a defendant is found
20not guilty by reason of mental disease or mental defect of a felony committed before
21the effective date of this paragraph .... [revisor inserts date]
, the court shall commit
22the person to the department of health and family services for a specified period not
23exceeding two-thirds of the maximum term of imprisonment that could be imposed
24under s. 973.15 (2) (a) against an offender convicted of the same crime or crimes
25felony or felonies, including imprisonment authorized by ss. 346.65 (2) (f), (2j) (d) or

1(3m), 939.62, 939.621, 939.63, 939.635, 939.64, 939.641, 939.645, 940.09 (1b), 940.25
2(1b) and 961.48 and other
any applicable penalty enhancement statutes, as
3applicable,
subject to the credit provisions of s. 973.155.
SB357,266,7 4(c) Felonies punishable by life imprisonment. If the maximum term of
5imprisonment is
a defendant is found not guilty by reason of mental disease or
6mental defect of a felony that is punishable by
life imprisonment, the commitment
7period specified by the court may be life, subject to termination under sub. (5).
SB357, s. 911 8Section 911. 971.17 (1) (b) of the statutes is created to read:
SB357,266,179 971.17 (1) (b) Felonies committed on or after the effective date of this paragraph
10.... [revisor inserts date].
Except as provided in par. (c), when a defendant is found
11not guilty by reason of mental disease or mental defect of a felony committed on or
12after the effective date of this paragraph .... [revisor inserts date], the court shall
13commit the person to the department of health and family services for a specified
14period not exceeding the maximum term of confinement in prison that could be
15imposed on an offender convicted of the same felony or felonies under ss. 973.01 (2)
16(b) and 973.15 (2) (a), plus imprisonment authorized by any applicable penalty
17enhancement statutes, subject to the credit provisions of s. 973.155.
SB357, s. 912 18Section 912. 971.17 (1) (d) of the statutes is created to read:
SB357,266,2519 971.17 (1) (d) Misdemeanors. When a defendant is found not guilty by reason
20of mental disease or mental defect of a misdemeanor, the court shall commit the
21person to the department of health and family services for a specified period not
22exceeding two-thirds of the maximum term of imprisonment that could be imposed
23under s. 973.15 (2) (a) against an offender convicted of the same misdemeanor or
24misdemeanors, including imprisonment authorized by any applicable penalty
25enhancement statutes, subject to the credit provisions of s. 973.155.
SB357, s. 913
1Section 913. 971.365 (1) (c) of the statutes is amended to read:
SB357,267,42 971.365 (1) (c) In any case under s. 961.41 (3g) (a) 2. (am), (c), (d) or (e) involving
3more than one violation, all violations may be prosecuted as a single crime if the
4violations were pursuant to a single intent and design.
SB357, s. 914 5Section 914. 971.365 (2) of the statutes is amended to read:
SB357,267,96 971.365 (2) An acquittal or conviction under sub. (1) does not bar a subsequent
7prosecution for any acts in violation of s. 961.41 (1) (cm), (d), (e), (f), (g) or (h), (1m)
8(cm), (d), (e), (f), (g) or (h) or (3g) (a) 2. (am), (c), (d) or (e) on which no evidence was
9received at the trial on the original charge.
SB357, s. 915 10Section 915. 973.01 (1) of the statutes is amended to read:
SB357,267,1711 973.01 (1) Bifurcated sentence required. Except as provided in sub. (3),
12whenever a court sentences a person to imprisonment in the Wisconsin state prisons
13for a felony committed on or after December 31, 1999, but before the effective date
14of this subsection .... [revisor inserts date], or for a crime committed on or after the
15effective date of this subsection .... [revisor inserts date],
the court shall impose a
16bifurcated sentence that consists of a term of confinement in prison followed by a
17term of extended supervision
under s. 302.113 this section.
SB357, s. 916 18Section 916. 973.01 (2) (intro.) of the statutes is amended to read:
SB357,267,2419 973.01 (2) Structure of bifurcated sentences. (intro.) The court shall ensure
20that a
A bifurcated sentence is a sentence that consists of a term of confinement in
21prison followed by a term of extended supervision under s. 302.113. The total length
22of a bifurcated sentence equals the length of the term of confinement in prison plus
23the length of the term of extended supervision. A
bifurcated sentence imposed under
24sub. (1) complies this section shall comply with all of the following:
SB357, s. 917 25Section 917. 973.01 (2) (a) of the statutes is amended to read:
SB357,268,6
1973.01 (2) (a) Total length of bifurcated sentence. Except as provided in par. (c),
2the total length of the bifurcated sentence may not exceed the maximum period of
3imprisonment for the specified in s. 939.50 (3), if the crime is a classified felony, or
4the maximum term of imprisonment provided by statute for the crime, if the crime
5is not a classified felony, plus additional imprisonment authorized by any applicable
6penalty enhancement statutes
.
SB357, s. 918 7Section 918. 973.01 (2) (b) (intro.) of the statutes is amended to read:
SB357,268,118 973.01 (2) (b) Imprisonment portion of bifurcated sentence. (intro.) The portion
9of the bifurcated sentence that imposes a term of confinement in prison may not be
10less than one year, subject to any minimum sentence prescribed for the felony, and,
11except as provided in par. (c), may not exceed whichever of the following is applicable:
SB357, s. 919 12Section 919. 973.01 (2) (b) 2. of the statutes is repealed.
SB357, s. 920 13Section 920. 973.01 (2) (b) 3. of the statutes is amended to read:
SB357,268,1514 973.01 (2) (b) 3. For a Class C felony, the term of confinement in prison may
15not exceed 10 25 years.
SB357, s. 921 16Section 921. 973.01 (2) (b) 4. of the statutes is amended to read:
SB357,268,1817 973.01 (2) (b) 4. For a Class D felony, the term of confinement in prison may
18not exceed 5 15 years.
SB357, s. 922 19Section 922. 973.01 (2) (b) 5. of the statutes is amended to read:
SB357,268,2120 973.01 (2) (b) 5. For a Class E felony, the term of confinement in prison may
21not exceed 2 10 years.
SB357, s. 923 22Section 923. 973.01 (2) (b) 6. of the statutes is renumbered 973.01 (2) (b) 10.
23and amended to read:
SB357,269,3
1973.01 (2) (b) 10. For any felony crime other than a felony specified in subds.
21. to 5. 9., the term of confinement in prison may not exceed 75% of the total length
3of the bifurcated sentence.
SB357, s. 924 4Section 924. 973.01 (2) (b) 6m. of the statutes is created to read:
SB357,269,65 973.01 (2) (b) 6m. For a Class F felony, the term of confinement in prison may
6not exceed 7 years and 6 months.
SB357, s. 925 7Section 925. 973.01 (2) (b) 7. of the statutes is created to read:
SB357,269,98 973.01 (2) (b) 7. For a Class G felony, the term of confinement in prison may
9not exceed 5 years.
SB357, s. 926 10Section 926. 973.01 (2) (b) 8. of the statutes is created to read:
SB357,269,1211 973.01 (2) (b) 8. For a Class H felony, the term of confinement in prison may
12not exceed 3 years.
SB357, s. 927 13Section 927. 973.01 (2) (b) 9. of the statutes is created to read:
SB357,269,1514 973.01 (2) (b) 9. For a Class I felony, the term of confinement in prison may not
15exceed one year and 6 months.
SB357, s. 928 16Section 928. 973.01 (2) (c) of the statutes is renumbered 973.01 (2) (c) 1. and
17amended to read:
SB357,269,2318 973.01 (2) (c) 1. The Subject to the minimum period of extended supervision
19required under par. (d), the
maximum term of confinement in prison specified in par.
20(b) may be increased by any applicable penalty enhancement statute. If the
21maximum term of confinement in prison specified in par. (b) is increased under this
22paragraph, the total length of the bifurcated sentence that may be imposed is
23increased by the same amount.
SB357, s. 929 24Section 929. 973.01 (2) (c) 2. of the statutes is created to read:
SB357,270,3
1973.01 (2) (c) 2. If more than one of the following penalty enhancement statutes
2apply to a crime, the court shall apply them in the order listed in calculating the
3maximum term of imprisonment for that crime:
SB357,270,44 a. Sections 939.621, 939.632, 939.645, 961.46 and 961.49.
SB357,270,55 b. Section 939.63.
SB357,270,66 c. Section 939.62 or 961.48.
SB357, s. 930 7Section 930. 973.01 (2) (d) of the statutes is renumbered 973.01 (2) (d) (intro.)
8and amended to read:
SB357,270,139 973.01 (2) (d) Minimum and maximum term of extended supervision. (intro.)
10The term of extended supervision that follows the term of confinement in prison may
11not be less than 25% of the length of the term of confinement in prison imposed under
12par. (b). and, for a classified felony, may not exceed whichever of the following is
13applicable:
SB357, s. 931 14Section 931. 973.01 (2) (d) 1. to 6. of the statutes are created to read:
SB357,270,1615 973.01 (2) (d) 1. For a Class B felony, the term of extended supervision may not
16exceed 20 years.
SB357,270,1817 2. For a Class C felony, the term of extended supervision may not exceed 15
18years.
SB357,270,2019 3. For a Class D felony, the term of extended supervision may not exceed 10
20years.
SB357,270,2221 4. For a Class E, F or G felony, the term of extended supervision may not exceed
225 years.
SB357,270,2423 5. For a Class H felony, the term of extended supervision may not exceed 3
24years.
SB357,270,2525 6. For a Class I felony, the term of extended supervision may not exceed 2 years.
SB357, s. 932
1Section 932. 973.01 (4) of the statutes is amended to read:
SB357,271,62 973.01 (4) No good time; extension or reduction of term of imprisonment. A
3person sentenced to a bifurcated sentence under sub. (1) shall serve the term of
4confinement in prison portion of the sentence without reduction for good behavior.
5The term of confinement in prison portion is subject to extension under s. 302.113 (3)
6and, if applicable, to reduction under s. 302.045 (3m) or 302.113 (9g).
SB357, s. 933 7Section 933. 973.01 (5) of the statutes is amended to read:
SB357,271,108 973.01 (5) Other extended supervision conditions. Whenever the court
9imposes a bifurcated sentence under sub. (1), the court may impose conditions upon
10the term of extended supervision, including drug treatment under s. 973.031.
SB357, s. 934 11Section 934. 973.01 (7m) of the statutes is created to read:
SB357,271,1812 973.01 (7m) Modification of bifurcated sentence. A court may at any time
13modify a bifurcated sentence that the court previously imposed by reducing the term
14of confinement in prison portion of the sentence and lengthening the term of
15extended supervision imposed so that the total length of the bifurcated sentence
16originally imposed does not change. A proceeding to modify a bifurcated sentence
17under this subsection shall be conducted using the procedure established and the
18factors specified by the director of state courts under s. 758.19 (8).
SB357, s. 935 19Section 935. 973.0135 (1) (b) 2. of the statutes is amended to read:
SB357,271,2520 973.0135 (1) (b) 2. Any felony under s. 940.09 (1), 1997 stats., s. 943.23 (1m)
21or (1r), 1997 stats., s. 948.35 (1) (b) or (c), 1997 stats., or s. 948.36, 1997 stats.,
s.
22940.01, 940.02, 940.03, 940.05, 940.09 (1) (1c), 940.16, 940.19 (5), 940.195 (5), 940.21,
23940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g),
24(1m) or (1r), 943.32 (2), 946.43, 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05,
25948.06, 948.07, 948.08, or 948.30 (2), 948.35 (1) (b) or (c) or 948.36.
SB357, s. 936
1Section 936. 973.017 of the statutes is created to read:
SB357,272,7 2973.017 Bifurcated sentences; use of guidelines; consideration of
3aggravating and mitigating factors.
(1) Definition. In this section, "sentencing
4decision" means a decision as to whether to impose a bifurcated sentence under s.
5973.01 or to place a person on probation and a decision as to the length of a bifurcated
6sentence, including the length of each component of the bifurcated sentence, the
7amount of a fine and the length of a term of probation.
SB357,272,11 8(2) General requirement. When a court makes a sentencing decision
9concerning a person convicted of a criminal offense committed on or after the
10effective date of this subsection .... [revisor inserts date], the court shall consider all
11of the following:
SB357,272,1612 (a) If the offense is a felony, the sentencing guidelines adopted by the
13sentencing commission under s. 973.30 or, if the sentencing commission has not
14adopted a guideline for the offense, any applicable temporary sentencing guideline
15adopted by the criminal penalties study committee created under 1997 Wisconsin
16Act 283
.
SB357,272,1817 (b) Any applicable mitigating factors and any applicable aggravating factors,
18including the aggravating factors specified in subs. (3) to (8).
SB357,272,20 19(3) Aggravating factors; generally. When making a sentencing decision for
20any crime, the court shall consider all of the following as aggravating factors:
SB357,272,2321 (a) The fact that the person committed the crime while his or her usual
22appearance was concealed, disguised or altered, with the intent to make it less likely
23that he or she would be identified with the crime.
SB357,272,2524 (b) The fact that the person committed the crime using information that was
25disclosed to him or her under s. 301.46.
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