JR2 AB1: Bill Text

AB1, s. 1087 Section 1087. 961.48 (2) of the statutes is repealed.

AB1, s. 1088 Section 1088. 961.48 (2m) (a) of the statutes is amended to read:

AB1,357,22 961.48 (2m) (a) Whenever a person charged with an a felony offense under this chapter may be subject to a conviction for a 2nd or subsequent offense, he or she is not subject to an enhanced penalty under sub. (1) or (2) unless any applicable prior convictions are alleged in the complaint, indictment or information or in an amended complaint, indictment or information that is filed under par. (b) 1. A person is not subject to an enhanced penalty under sub. (1) or (2) for an offense if an allegation of applicable prior convictions is withdrawn by an amended complaint filed under par. (b) 2.

AB1, s. 1089 Section 1089. 961.48 (3) of the statutes is amended to read:

AB1,358,4 961.48 (3) For purposes of this section, an a felony offense under this chapter is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor offense under this chapter or under any statute of the United States or of any state relating to controlled substances or controlled substance analogs, narcotic drugs, marijuana or depressant, stimulant or hallucinogenic drugs.

AB1, s. 1090 Section 1090. 961.48 (4) of the statutes is repealed.

AB1, s. 1091 Section 1091. 961.49 (1) of the statutes is renumbered 961.49, and 961.49 (intro.), as renumbered, is amended to read:

AB1,358,17 961.49 Distribution of or possession with intent to deliver a controlled substance on or near certain places. (intro.) If any person violates s. 961.41 (1) (cm), (d), (e), (em), (f), (g) or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (e), (em), (f), (g) or (h) by possessing with intent to deliver or distribute, cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, methcathinone or any form of tetrahydrocannabinols or a controlled substance analog of any of these substances and the delivery, distribution or possession takes place under any of the following circumstances, the maximum term of imprisonment prescribed by law for that crime may be increased by 5 years:

AB1, s. 1092 Section 1092. 961.49 (2) of the statutes is repealed.

AB1, s. 1093 Section 1093. 961.49 (3) of the statutes is repealed.

AB1, s. 1094 Section 1094. 961.492 of the statutes is repealed.

AB1, s. 1095 Section 1095. 961.55 (1) (d) 3. of the statutes is amended to read:

AB1,358,23 961.55 (1) (d) 3. A vehicle is not subject to forfeiture for a violation of s. 961.41 (3g) (b), (c), (d), (dm), (e) or (f); and

AB1, s. 1096 Section 1096. 961.573 (3) of the statutes is amended to read:

AB1,359,6 961.573 (3) No person may use, or possess with the primary intent to use, drug paraphernalia to manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack or store methamphetamine or a controlled substance analog of methamphetamine in violation of this chapter. Any person who violates this subsection may be fined not more than $10,000 or imprisoned for not more than 5 years or both is guilty of a Class H felony.

AB1, s. 1097 Section 1097. 961.574 (3) of the statutes is amended to read:

AB1,359,14 961.574 (3) No person may deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing that it will be primarily used to manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack or store methamphetamine or a controlled substance analog of methamphetamine in violation of this chapter. Any person who violates this subsection may be fined not more than $10,000 or imprisoned for not more than 5 years or both is guilty of a Class H felony.

AB1, s. 1098 Section 1098. 961.575 (3) of the statutes is amended to read:

AB1,359,19 961.575 (3) Any person 17 years of age or over who violates s. 961.574 (3) by delivering drug paraphernalia to a person 17 years of age or under may be fined not more than $50,000 or imprisoned for not more than 10 years or both is guilty of a Class G felony.

AB1, s. 1099 Section 1099. 967.04 (9) of the statutes is amended to read:

AB1,360,2 967.04 (9) In any criminal prosecution or juvenile fact-finding hearing under s. 48.31 or 938.31, the court may admit into evidence a videotaped deposition taken under subs. (7) and (8) without an additional hearing under s. 908.08. In any proceeding under s. 302.113 (9) (am), 302.114 (9) (am), 304.06 (3), or 973.10 (2), the hearing examiner may order and preside at the taking of a videotaped deposition using the procedure provided in subs. (7) and (8) and may admit the videotaped deposition into evidence without an additional hearing under s. 908.08.

AB1, s. 1100 Section 1100. 968.255 (1) (a) 2. of the statutes is amended to read:

AB1,360,5 968.255 (1) (a) 2. Arrested for any misdemeanor under s. 167.30, 940.19, 941.20 (1), 941.23, 941.237, 941.24, 948.60, 948.605 (2) (a) or 948.61.

AB1, s. 1101 Section 1101. 968.31 (1) (intro.) of the statutes is amended to read:

AB1,360,10 968.31 (1) (intro.) Except as otherwise specifically provided in ss. 196.63 or 968.28 to 968.30, whoever commits any of the acts enumerated in 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:

AB1, s. 1102 Section 1102. 968.34 (3) of the statutes is amended to read:

AB1,360,13 968.34 (3) Whoever knowingly violates sub. (1) shall may be fined not more than $10,000 or imprisoned for not more than 2 years 9 months or both.

AB1, s. 1103 Section 1103. 968.43 (3) of the statutes is amended to read:

AB1,360,17 968.43 (3) Any person who violates an oath or affirmation required by sub. (2) may be imprisoned for not more than 7 years and 6 months is guilty of a Class H felony.

AB1, s. 1104 Section 1104. 969.08 (10) (a) of the statutes is amended to read:

AB1,360,21 969.08 (10) (a) "Commission of a serious crime" includes a solicitation, conspiracy or attempt, under s. 948.35, 1999 stats., or s. 939.30, 939.31, or 939.32 or 948.35, to commit a serious crime.

AB1, s. 1105 Section 1105. 969.08 (10) (b) of the statutes is amended to read:

AB1,361,5 969.08 (10) (b) "Serious crime" means any crime specified in s. 943.23 (1m), 1999 stats., or s. 943.23 (1r), 1999 stats., or s. 346.62 (4), 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5), 940.195 (5), 940.20, 940.201, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.24, 940.25, 940.29, 940.295 (3) (b) 1g., 1m., 1r., 2. or 3., 940.31, 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.03, 943.04, 943.06, 943.10, 943.23 (1g), (1m) or (1r), 943.30, 943.32, 946.01, 946.02, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07 or 948.30.

AB1, s. 1106 Section 1106. 971.17 (1) of the statutes is renumbered 971.17 (1) (a) and amended to read:

AB1,361,18 971.17 (1) (a) Felonies committed before the effective date of this paragraph .... [revisor inserts date]. When Except as provided in par. (c), when a defendant is found not guilty by reason of mental disease or mental defect of a felony committed before the effective date of this paragraph .... [revisor inserts date], the court shall commit the person to the department of health and family services for a specified period not exceeding two-thirds of the maximum term of imprisonment that could be imposed under s. 973.15 (2) (a) against an offender convicted of the same crime or crimes felony, including imprisonment authorized by ss. 346.65 (2) (f), (2j) (d) or (3m), 939.62, 939.621, 939.63, 939.635, 939.64, 939.641, 939.645, 940.09 (1b), 940.25 (1b) and 961.48 and other any applicable penalty enhancement statutes, as applicable, subject to the credit provisions of s. 973.155.

AB1,361,22 (c) Felonies punishable by life imprisonment. If the maximum term of imprisonment is a defendant is found not guilty by reason of mental disease or mental defect of a felony that is punishable by life imprisonment, the commitment period specified by the court may be life, subject to termination under sub. (5).

AB1, s. 1107 Section 1107. 971.17 (1) (b) of the statutes is created to read:

AB1,362,7 971.17 (1) (b) Felonies committed on or after the effective date of this paragraph .... [revisor inserts date]. Except as provided in par. (c), when a defendant is found not guilty by reason of mental disease or mental defect of a felony committed on or after the effective date of this paragraph .... [revisor inserts date], the court shall commit the person to the department of health and family services for a specified period not exceeding the maximum term of confinement in prison that could be imposed on an offender convicted of the same felony, plus imprisonment authorized by any applicable penalty enhancement statutes, subject to the credit provisions of s. 973.155.

AB1, s. 1108 Section 1108. 971.17 (1) (d) of the statutes is created to read:

AB1,362,15 971.17 (1) (d) Misdemeanors. When a defendant is found not guilty by reason of mental disease or mental defect of a misdemeanor, the court shall commit the person to the department of health and family services for a specified period not exceeding two-thirds of the maximum term of imprisonment that could be imposed against an offender convicted of the same misdemeanor, including imprisonment authorized by any applicable penalty enhancement statutes, subject to the credit provisions of s. 973.155.

AB1, s. 1109 Section 1109. 971.365 (1) (a) of the statutes is amended to read:

AB1,362,20 971.365 (1) (a) In any case under s. 961.41 (1) (em), 1999 stats., or s. 961.41 (1) (cm), (d), (e), (em), (f), (g) or (h) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

AB1, s. 1110 Section 1110. 971.365 (1) (b) of the statutes is amended to read:

AB1,362,25 971.365 (1) (b) In any case under s. 961.41 (1m) (em), 1999 stats., or s. 961.41 (1m) (cm), (d), (e), (em), (f), (g) or (h) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

AB1, s. 1111 Section 1111. 971.365 (1) (c) of the statutes is amended to read:

AB1,363,5 971.365 (1) (c) In any case under s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats., or s. 961.41 (3g) (a) 2. (am), (c), (d), (dm) or (e) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

AB1, s. 1112 Section 1112. 971.365 (2) of the statutes is amended to read:

AB1,363,12 971.365 (2) An acquittal or conviction under sub. (1) does not bar a subsequent prosecution for any acts in violation of s. 961.41 (1) (em), 1999 stats., s. 961.41 (1m) (em), 1999 stats., s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats., or s. 961.41 (1) (cm), (d), (e), (em), (f), (g) , or (h), (1m) (cm), (d), (e), (em), (f), (g) , or (h) or (3g) (a) 2. (am), (c), (d), (dm) or (e) on which no evidence was received at the trial on the original charge.

AB1, s. 1113 Section 1113. 972.15 (2c) of the statutes is amended to read:

AB1,363,18 972.15 (2c) If the defendant is subject to being sentenced under s. 973.01 and he or she satisfies the criteria under s. 302.045 (2) (b) and (c), the person preparing the presentence investigation report shall include in the report a recommendation as to whether the defendant should be eligible for the challenge incarceration program under s. 302.045.

AB1, s. 1114 Section 1114. 973.01 (1) of the statutes is amended to read:

AB1,363,25 973.01 (1) Bifurcated sentence required. Except as provided in sub. (3), whenever a court sentences a person to imprisonment in the Wisconsin state prisons for a felony committed on or after December 31, 1999, or a misdemeanor committed on or after the effective date of this subsection .... [revisor inserts date], the court shall impose a bifurcated sentence that consists of a term of confinement in prison followed by a term of extended supervision under s. 302.113 this section.

AB1, s. 1115 Section 1115. 973.01 (2) (intro.) of the statutes is amended to read:

AB1,364,8 973.01 (2) Structure of bifurcated sentences. (intro.) The court shall ensure that a A bifurcated sentence is a sentence that consists of a term of confinement in prison followed by a term of extended supervision under s. 302.113. The total length of a bifurcated sentence equals the length of the term of confinement in prison plus the length of the term of extended supervision. An order imposing a bifurcated sentence imposed under sub. (1) complies this section shall comply with all of the following:

AB1, s. 1116 Section 1116. 973.01 (2) (a) of the statutes is amended to read:

AB1,364,15 973.01 (2) (a) Total length of bifurcated sentence. Except as provided in par. (c), the total length of the bifurcated sentence may not exceed the maximum period of imprisonment for the specified in s. 939.50 (3), if the crime is a classified felony, or the maximum term of imprisonment provided by statute for the crime, if the crime is not a classified felony, plus additional imprisonment authorized by any applicable penalty enhancement statutes.

AB1, s. 1117 Section 1117. 973.01 (2) (b) (intro.) of the statutes is amended to read:

AB1,364,21 973.01 (2) (b) Imprisonment Confinement portion of bifurcated sentence. (intro.) The portion of the bifurcated sentence that imposes a term of confinement in prison may not be less than one year, subject to any minimum sentence prescribed for the felony, and, except as provided in par. (c), may not exceed is subject to whichever of the following limits is applicable:

AB1, s. 1118 Section 1118. 973.01 (2) (b) 2. of the statutes is repealed.

AB1, s. 1119 Section 1119. 973.01 (2) (b) 3. of the statutes is amended to read:

AB1,364,25 973.01 (2) (b) 3. For a Class C felony, the term of confinement in prison may not exceed 10 25 years.

AB1, s. 1120 Section 1120. 973.01 (2) (b) 4. of the statutes is amended to read:

AB1,365,3 973.01 (2) (b) 4. For a Class D felony, the term of confinement in prison may not exceed 5 15 years.

AB1, s. 1121 Section 1121. 973.01 (2) (b) 5. of the statutes is amended to read:

AB1,365,6 973.01 (2) (b) 5. For a Class E felony, the term of confinement in prison may not exceed 2 10 years.

AB1, s. 1122 Section 1122. 973.01 (2) (b) 6. of the statutes is renumbered 973.01 (2) (b) 10. (intro.) and amended to read:

AB1,365,11 973.01 (2) (b) 10. (intro.) For any felony crime other than a felony specified in subds. 1. to 5. one of the following, the term of confinement in prison may not exceed 75% of the total length of the bifurcated sentence.:

AB1, s. 1123 Section 1123. 973.01 (2) (b) 6m. of the statutes is created to read:

AB1,365,14 973.01 (2) (b) 6m. For a Class F felony, the term of confinement in prison may not exceed 7 years and 6 months.

AB1, s. 1124 Section 1124. 973.01 (2) (b) 7. of the statutes is created to read:

AB1,365,17 973.01 (2) (b) 7. For a Class G felony, the term of confinement in prison may not exceed 5 years.

AB1, s. 1125 Section 1125. 973.01 (2) (b) 8. of the statutes is created to read:

AB1,365,20 973.01 (2) (b) 8. For a Class H felony, the term of confinement in prison may not exceed 3 years.

AB1, s. 1126 Section 1126. 973.01 (2) (b) 9. of the statutes is created to read:

AB1,365,23 973.01 (2) (b) 9. For a Class I felony, the term of confinement in prison may not exceed one year and 6 months.

AB1, s. 1127 Section 1127. 973.01 (2) (b) 10. a. and b. of the statutes are created to read:

AB1,365,25 973.01 (2) (b) 10. a. A felony specified in subds. 1. to 9.

AB1,366,2 b. An attempt to commit a classified felony if the attempt is punishable under s. 939.32 (1) (intro.).

AB1, s. 1128 Section 1128. 973.01 (2) (c) of the statutes is renumbered 973.01 (2) (c) 1. and amended to read:

AB1,366,10 973.01 (2) (c) 1. The Subject to the minimum period of extended supervision required under par. (d), the maximum term of confinement in prison specified in par. (b) may be increased by any applicable penalty enhancement statute. If the maximum term of confinement in prison specified in par. (b) is increased under this paragraph, the total length of the bifurcated sentence that may be imposed is increased by the same amount.

AB1, s. 1129 Section 1129. 973.01 (2) (c) 2. of the statutes is created to read:

AB1,366,14 973.01 (2) (c) 2. If more than one of the following penalty enhancement statutes apply to a crime, the court shall apply them in the order listed in calculating the maximum term of imprisonment for that crime:

AB1,366,15 a. Sections 939.621, 939.632, 939.645, 961.46, and 961.49.

AB1,366,16 b. Section 939.63.

AB1,366,17 c. Section 939.62 (1) or 961.48.

AB1, s. 1130 Section 1130. 973.01 (2) (d) of the statutes is renumbered 973.01 (2) (d) (intro.) and amended to read:

AB1,366,24 973.01 (2) (d) Minimum and maximum term of extended supervision. (intro.) The term of extended supervision that follows the term of confinement in prison may not be less than 25% of the length of the term of confinement in prison imposed under par. (b). and, for a classified felony, is subject to whichever of the following limits is applicable:

AB1, s. 1131 Section 1131. 973.01 (2) (d) 1. to 6. of the statutes are created to read:

AB1,367,2 973.01 (2) (d) 1. For a Class B felony, the term of extended supervision may not exceed 20 years.