JR2 AB1: Bill Text

AB1, s. 429 Section 429. 304.06 (1) (b) of the statutes is amended to read:

AB1,240,10 304.06 (1) (b) Except as provided in s. 961.49 (2), 1999 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.

AB1, s. 430 Section 430. 304.06 (1q) of the statutes is repealed.

AB1, s. 431 Section 431. 304.071 (2) of the statutes is amended to read:

AB1,240,15 304.071 (2) If a prisoner is not eligible for parole under s. 961.49 (2), 1999 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.

AB1, s. 432 Section 432. 304.11 (3) of the statutes is amended to read:

AB1,241,2 304.11 (3) If upon inquiry it further appears to the governor that the convicted person has violated or failed to comply with any of those conditions, the governor may issue his or her warrant remanding the person to the institution from which discharged, and the person shall be confined and treated as though no pardon had been granted, except that the person loses any applicable good time which he or she had earned. If the person is returned to prison, the person is subject to the same limitations as a revoked parolee under s. 302.11 (7). The department shall determine the period of incarceration under s. 302.11 (7) (a) (am). If the governor determines the person has not violated or failed to comply with the conditions, the person shall be discharged subject to the conditional pardon.

AB1, s. 433 Section 433. 341.605 (3) of the statutes is amended to read:

AB1,241,6 341.605 (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.

AB1, s. 434 Section 434. 342.06 (2) of the statutes is amended to read:

AB1,241,10 342.06 (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.

AB1, s. 435 Section 435. 342.065 (4) (b) of the statutes is amended to read:

AB1,241,14 342.065 (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.

AB1, s. 436 Section 436. 342.155 (4) (b) of the statutes is amended to read:

AB1,241,18 342.155 (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.

AB1, s. 437 Section 437. 342.156 (6) (b) of the statutes is amended to read:

AB1,241,22 342.156 (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.

AB1, s. 438 Section 438. 342.30 (3) (a) of the statutes is amended to read:

AB1,242,3 342.30 (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.

AB1, s. 439 Section 439. 342.32 (3) of the statutes is amended to read:

AB1,242,7 342.32 (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.

AB1, s. 440 Section 440. 343.31 (1) (i) of the statutes is amended to read:

AB1,242,10 343.31 (1) (i) Knowingly fleeing or attempting to elude a traffic officer under s. 346.04 (3).

AB1, s. 441 Section 441. 343.31 (3) (d) (intro.) of the statutes is amended to read:

AB1,242,14 343.31 (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:

AB1, s. 442 Section 442. 344.48 (2) of the statutes is amended to read:

AB1,242,17 344.48 (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.

AB1, s. 443 Section 443. 346.04 (2t) of the statutes is created to read:

AB1,242,22 346.04 (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.

AB1, s. 444 Section 444. 346.04 (4) of the statutes is created to read:

AB1,243,3 346.04 (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.

AB1, s. 445 Section 445. 346.17 (2t) of the statutes is created to read:

AB1,243,6 346.17 (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.

AB1, s. 446 Section 446. 346.17 (3) (a) of the statutes is amended to read:

AB1,243,10 346.17 (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.

AB1, s. 447 Section 447. 346.17 (3) (b) of the statutes is amended to read:

AB1,243,15 346.17 (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.

AB1, s. 448 Section 448. 346.17 (3) (c) of the statutes is amended to read:

AB1,243,19 346.17 (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.

AB1, s. 449 Section 449. 346.17 (3) (d) of the statutes is amended to read:

AB1,243,23 346.17 (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.

AB1, s. 450 Section 450. 346.175 (1) (a) of the statutes is amended to read:

AB1,244,3 346.175 (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.

AB1, s. 451 Section 451. 346.175 (1) (b) of the statutes is amended to read:

AB1,244,9 346.175 (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).

AB1, s. 452 Section 452. 346.175 (4) (b) of the statutes is amended to read:

AB1,244,17 346.175 (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).

AB1, s. 453 Section 453. 346.175 (4) (c) of the statutes is amended to read:

AB1,244,23 346.175 (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).

AB1, s. 454 Section 454. 346.175 (4) (d) of the statutes is amended to read:

AB1,245,7 346.175 (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).

AB1, s. 455 Section 455. 346.175 (5) (intro.) of the statutes is amended to read:

AB1,245,10 346.175 (5) (intro.) Notwithstanding the penalty otherwise specified under s. 346.17 (2t) or (3) for a violation of s. 346.04 (2t) or (3):

AB1, s. 456 Section 456. 346.175 (5) (a) of the statutes is amended to read:

AB1,245,14 346.175 (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.

AB1, s. 457 Section 457. 346.65 (2) (e) of the statutes is amended to read:

AB1,245,22 346.65 (2) (e) Except as provided in pars. (f) and (g), 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 number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations and other 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.

AB1, s. 458 Section 458. 346.65 (5) of the statutes is amended to read:

AB1,246,3 346.65 (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.

AB1, s. 459 Section 459. 346.74 (5) (b) of the statutes is amended to read:

AB1,246,8 346.74 (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.

AB1, s. 460 Section 460. 346.74 (5) (c) of the statutes is amended to read:

AB1,246,12 346.74 (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.

AB1, s. 461 Section 461. 346.74 (5) (d) of the statutes is amended to read:

AB1,246,16 346.74 (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.

AB1, s. 462 Section 462. 350.11 (2m) of the statutes is amended to read:

AB1,246,21 350.11 (2m) Any person who violates s. 350.135 (1) shall be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class H felony if the violation causes the death or injury, as defined in s. 30.67 (3) (b), of another person.

AB1, s. 463 Section 463. 351.07 (2) (a) of the statutes is renumbered 351.07 (2).

AB1, s. 464 Section 464. 351.07 (2) (b) of the statutes is repealed.

AB1, s. 465 Section 465. 446.07 of the statutes is amended to read:

AB1,247,3 446.07 Penalty. Anyone violating this chapter may be fined not less than $100 nor more than $500 $10,000 or imprisoned for not more than 2 years 9 months or both.

AB1, s. 466 Section 466. 447.09 of the statutes is amended to read:

AB1,247,9 447.09 Penalties. Any person who violates this chapter may be fined not more than $1,000 or imprisoned for not more than one year in the county jail or both for the first offense and may be fined not more than $2,500 or imprisoned for not more than 3 years or both is guilty of a Class I felony for the 2nd or subsequent conviction within 5 years.

AB1, s. 467 Section 467. 450.11 (9) (b) of the statutes is amended to read:

AB1,247,14 450.11 (9) (b) Any person who delivers, or who possesses with intent to manufacture or deliver, a prescription drug in violation of 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. 468 Section 468. 450.14 (5) of the statutes is amended to read:

AB1,247,18 450.14 (5) Any person who violates this section may be fined not less than $100 nor more than $1,000 or imprisoned for not less than one year nor more than 7 years and 6 months or both is guilty of a Class H felony.

AB1, s. 469 Section 469. 450.15 (2) of the statutes is amended to read:

AB1,247,22 450.15 (2) Any person who violates this section may be fined not less than $100 nor more than $1,000 or imprisoned for not less than one year nor more than 7 years and 6 months or both is guilty of a Class H felony.

AB1, s. 470 Section 470. 551.58 (1) of the statutes is amended to read:

AB1,248,6 551.58 (1) Any person who wilfully violates any provision of this chapter except s. 551.54, or any rule under this chapter, or any order of which the person has notice, or who violates s. 551.54 knowing or having reasonable cause to believe that the statement made was false or misleading in any material respect, 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. Each of the acts specified shall constitute a separate offense and a prosecution or conviction for any one of such offenses shall not bar prosecution or conviction for any other offense.

AB1, s. 471 Section 471. 552.19 (1) of the statutes is amended to read:

AB1,248,14 552.19 (1) Any person, including a controlling person of an offeror or target company, who wilfully violates this chapter or any rule under this chapter, or any order of which the person has notice, 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. Each of the acts specified constitutes a separate offense and a prosecution or conviction for any one of the offenses does not bar prosecution or conviction for any other offense.

AB1, s. 472 Section 472. 553.52 (1) of the statutes is amended to read:

AB1,248,24 553.52 (1) Any person who wilfully violates s. 553.41 (2) to (5) or any order of which the person has notice, or who violates s. 553.41 (1) knowing or having reasonable cause to believe either that the statement made was false or misleading in any material respect or that the failure to report a material event under s. 553.31 (1) was false or misleading in any material respect, 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 G felony. Each of the acts specified is a separate offense, and a prosecution or conviction for any one of those offenses does not bar prosecution or conviction for any other offense.

AB1, s. 473 Section 473. 553.52 (2) of the statutes is amended to read:

AB1,249,6 553.52 (2) Any person who employs, directly or indirectly, any device, scheme or artifice to defraud in connection with the offer or sale of any franchise or engages, directly or indirectly, in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person in connection with the offer or sale of any franchise shall 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 G felony.

AB1, s. 474 Section 474. 560.01 (4) of the statutes is created to read:

AB1,249,9 560.01 (4) Grants management office. (a) The department shall establish and operate a grants management office for all of the following purposes: