JR2 AB1: Bill Text

AB1, s. 498 Section 498. 560.20 (3) (f) (intro.) and 4. of the statutes are consolidated, renumbered 560.21 (2) and amended to read:

AB1,251,21 560.21 (2) The department shall do all of the following: 4. Deposit deposit in the appropriation account under s. 20.143 (1) (in) general fund all interest and principal received in repayment of loans under this subsection s. 560.20 (3), 1999 stats., any proceeds from equity investments made by the community development finance company under s. 234.965, 1991 stats., that are received by the department or the community development finance company, and any unencumbered grant funds returned to the department under 1993 Wisconsin Act 437, section 9115 (1t).

AB1, s. 499 Section 499. 560.20 (3) (f) 1. of the statutes is repealed.

AB1, s. 500 Section 500. 560.20 (3) (f) 2. of the statutes is repealed.

AB1, s. 501 Section 501. 560.20 (3) (f) 3. of the statutes is repealed.

AB1, s. 502 Section 502. 560.20 (3) (g) of the statutes is repealed.

AB1, s. 503 Section 503. 560.20 (3) (h) of the statutes is renumbered 560.21 (3).

AB1, s. 504 Section 504. 560.21 of the statutes is created to read:

AB1,252,3 560.21 General fund deposit. (1) In this section:

AB1, s. 505 Section 505. 562.13 (3) of the statutes is amended to read:

AB1,252,6 562.13 (3) Whoever violates s. 562.11 (2) or (3) may be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class I felony.

AB1, s. 506 Section 506. 562.13 (4) of the statutes is amended to read:

AB1,252,10 562.13 (4) Whoever violates s. 562.09, 562.105, 562.11 (4) or 562.12 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. 507 Section 507. 565.50 (2) of the statutes is amended to read:

AB1,252,15 565.50 (2) Any person who alters or forges a lottery ticket or share or intentionally utters or transfers an altered or forged lottery ticket or share shall 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 I felony.

AB1, s. 508 Section 508. 565.50 (3) of the statutes is amended to read:

AB1,252,19 565.50 (3) Any person who possesses an altered or forged lottery ticket or share with intent to defraud shall be fined not more than $10,000 or imprisoned for not more than 3 years 9 months or both.

AB1, s. 509 Section 509. 601.64 (4) of the statutes is amended to read:

AB1,253,3 601.64 (4) Criminal penalty. Whoever intentionally violates or intentionally permits any person over whom he or she has authority to violate or intentionally aids any person in violating any insurance statute or rule of this state, s. 149.13 or 149.144 or any effective order issued under s. 601.41 (4) may is guilty of a Class I felony, unless a specific penalty is provided elsewhere in the statutes, be fined not more than $10,000 if a corporation or if a natural person be fined not more than $5,000 or imprisoned for not more than 4 years and 6 months or both. Intent has the meaning expressed under s. 939.23.

AB1, s. 510 Section 510. 641.19 (4) (a) of the statutes is amended to read:

AB1,253,11 641.19 (4) (a) Any person who wilfully violates or fails to comply with any provision of this chapter or the rules promulgated thereunder or who, knowingly, makes a false statement, a false representation of a material fact, or who fails to disclose a material fact in any registration, examination, statement or report required under this chapter or the rules promulgated thereunder, 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. 511 Section 511. 641.19 (4) (b) of the statutes is amended to read:

AB1,253,18 641.19 (4) (b) Any person who embezzles, steals, or unlawfully and wilfully abstracts or converts to his or her own use or to the use of another, any of the moneys, funds, securities, premiums, credits, property, or other assets of any employee welfare fund, or of any fund connected therewith, shall 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. 512 Section 512. 753.061 (2m) of the statutes is amended to read:

AB1,254,2 753.061 (2m) The chief judge of the 1st judicial administrative district is authorized to designate 4 circuit court branches to primarily handle violent crime cases that involve a violation of s. 939.63, if a felony is committed while armed, and of ss. 940.01 to 940.03, 940.05, 940.06, 940.225, 943.23 (1g), (1m) and (1r) and 943.32 (2). If the circuit court branches are designated under this subsection, 2 shall begin to primarily handle violent crime cases on September 1, 1991, and 2 shall begin to primarily handle violent crime cases on August 1, 1992.

AB1, s. 513 Section 513. 765.30 (1) (intro.) of the statutes is amended to read:

AB1,254,5 765.30 (1) (intro.) The following shall may be fined not less than $200 nor more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both:

AB1, s. 514 Section 514. 765.30 (2) (intro.) of the statutes is amended to read:

AB1,254,8 765.30 (2) (intro.) The following shall may be fined not less than $100 nor more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both:

AB1, s. 515 Section 515. 767.242 (8) of the statutes is amended to read:

AB1,254,12 767.242 (8) Penalty. Whoever intentionally violates an injunction issued under sub. (5) (b) 2. c. may be fined not more than $10,000 or imprisoned for not more than 2 years or both is guilty of a Class I felony.

AB1, s. 516 Section 516. 768.07 of the statutes is amended to read:

AB1,254,16 768.07 Penalty. Any person who violates any provision of this chapter may be fined not less than $100 nor more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both.

AB1, s. 517 Section 517. 783.07 of the statutes is amended to read:

AB1,254,25 783.07 Fine or imprisonment. Whenever a peremptory mandamus shall be is directed to any public officer, body, board or person, commanding the performance of any duty specially enjoined by law, if it shall appear to the court that such and the officer or person or any member of such the body or board has, without just excuse, refused or neglected to perform the duty so enjoined the court may impose a fine, not exceeding $5,000, upon every such, the officer, person or member of such the body or board, or sentence the officer, person or member to imprisonment for not more than 7 years and 6 months is guilty of a Class H felony.

AB1, s. 518 Section 518. 801.50 (5) of the statutes is amended to read:

AB1,255,7 801.50 (5) Venue of an action for certiorari to review a probation, extended supervision or parole revocation, a denial by a program review committee under s. 302.113 (9g) of a petition for modification of a bifurcated sentence, or a refusal of parole by certiorari shall be the county in which the relator was last convicted of an offense for which the relator was on probation, extended supervision or parole or for which the relator is currently incarcerated.

AB1, s. 519 Section 519. 801.50 (5c) of the statutes is created to read:

AB1,255,13 801.50 (5c) Venue of an action for certiorari brought by the department of corrections under s. 302.113 (9) (d) or 302.114 (9) (d) to review a decision to not revoke extended supervision shall be in the county in which the person on extended supervision was convicted of the offense for which he or she is on extended supervision.

AB1, s. 520 Section 520. 814.634 (1) (a) of the statutes is amended to read:

AB1,255,18 814.634 (1) (a) Except for an action for a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $40 $52 court support services fee from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or 814.63 (1).

AB1, s. 521 Section 521. 814.634 (1) (b) of the statutes is amended to read:

AB1,255,24 814.634 (1) (b) Notwithstanding par. (a), the clerk of circuit court shall charge and collect a $100 $130 court support services fee from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a) or (3) or 814.62 (1) or (2), if the party paying the fee seeks the recovery of money and the amount claimed exceeds the amount under s. 799.01 (1) (d).

AB1, s. 522 Section 522. 814.634 (1) (c) of the statutes is amended to read:

AB1,256,6 814.634 (1) (c) Notwithstanding par. (a), the clerk of circuit court shall charge and collect a $30 $39 court support services fee from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.62 (3) (a) or (b), or paying a fee under s. 814.61 (1) (a) or (3) or 814.62 (1) or (2) if the party paying the fee seeks the recovery of money and the amount claimed is equal to or less than the amount under s. 799.01 (1) (d).

AB1, s. 523 Section 523. 889.29 (1) of the statutes is amended to read:

AB1,256,25 889.29 (1) If any business, institution or member of a profession or calling in the regular course of business or activity has kept or recorded any memorandum, writing, entry, print, representation or combination thereof, of any act, transaction, occurrence or event, and in the regular course of business has caused any or all of the same to be recorded, copied or reproduced by any photographic, photostatic, microfilm, microcard, miniature photographic, or other process which accurately reproduces or forms a durable medium for so reproducing the original, or to be recorded on an optical disk or in electronic format, the original may be destroyed in the regular course of business, unless its preservation is required by law. Such reproduction or optical disk record, when reduced to comprehensible format and when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not and an enlargement or facsimile of such reproduction of a record or an enlarged copy of a record generated from an original record stored in optical disk or electronic format is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of court. The introduction of a reproduced record, enlargement or facsimile, does not preclude admission of the original. This subsection does not apply to records governed by s. 137.20.

AB1, s. 524 Section 524. 908.08 (1) of the statutes is amended to read:

AB1,257,6 908.08 (1) In any criminal trial or hearing, juvenile fact-finding hearing under s. 48.31 or 938.31 or revocation hearing under s. 302.113 (9) (am), 302.114 (9) (am), 304.06 (3), or 973.10 (2), the court or hearing examiner may admit into evidence the videotaped oral statement of a child who is available to testify, as provided in this section.

AB1, s. 525 Section 525. 910.01 (1) of the statutes is amended to read:

AB1,257,11 910.01 (1) Writings and recordings. "Writings" and "recordings" consist of letters, words or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other form of data compilation or recording.

AB1, s. 526 Section 526. 910.02 of the statutes is amended to read:

AB1,257,15 910.02 Requirement of original. To prove the content of a writing, recording or photograph, the original writing, recording or photograph is required, except as otherwise provided in chs. 901 to 911, s. 137.21, or by other statute.

AB1, s. 527 Section 527. 910.03 of the statutes is amended to read:

AB1,257,21 910.03 Admissibility of duplicates. A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the authenticity of the original or (2) in the circumstances it would be unfair to admit the duplicate in lieu of the original. This section does not apply to records of transactions governed by s. 137.21.

AB1, s. 528 Section 528. 911.01 (4) (c) of the statutes is amended to read:

AB1,258,3 911.01 (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.

AB1, s. 529 Section 529. 938.208 (1) (a) of the statutes is amended to read:

AB1,258,9 938.208 (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.

AB1, s. 530 Section 530. 938.34 (4h) (a) of the statutes is amended to read:

AB1,258,17 938.34 (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.

AB1, s. 531 Section 531. 938.34 (4m) (b) 1. of the statutes is amended to read:

AB1,258,22 938.34 (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.

AB1, s. 532 Section 532. 938.355 (2d) (b) 3. of the statutes is amended to read:

AB1,259,6 938.355 (2d) (b) 3. That the parent has committed a violation of s. 940.19 (3), 1999 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. 939.22 (14), or in substantial bodily harm, as defined in s. 939.22 (38), to the juvenile or another child of the parent.

AB1, s. 533 Section 533. 938.355 (4) (b) of the statutes is amended to read:

AB1,259,16 938.355 (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.

AB1, s. 534 Section 534. 938.78 (3) of the statutes is amended to read:

AB1,260,12 938.78 (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), 1999 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.

AB1, s. 535 Section 535. 939.22 (21) (d) of the statutes is amended to read:

AB1,260,15 939.22 (21) (d) Battery, substantial battery or aggravated battery, as prohibited in s. 940.19 or 940.195.

AB1, s. 536 Section 536. 939.30 (1) of the statutes is amended to read:

AB1,260,20 939.30 (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.

AB1, s. 537 Section 537. 939.30 (2) of the statutes is amended to read:

AB1,260,24 939.30 (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.

AB1, s. 538 Section 538. 939.32 (1) (intro.) of the statutes is amended to read:

AB1,261,4 939.32 (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:

AB1, s. 539 Section 539. 939.32 (1) (b) of the statutes is repealed.

AB1, s. 540 Section 540. 939.32 (1) (bm) of the statutes is created to read:

AB1,261,9 939.32 (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.

AB1, s. 541 Section 541. 939.32 (1g) of the statutes is created to read:

AB1,261,12 939.32 (1g) Maximum penalty. The maximum penalty for an attempt to commit a crime that is punishable under sub. (1) (intro.) is as follows:

AB1,261,13 (a) The maximum fine is one-half of the maximum fine for the completed crime.

AB1,261,17 (b) 1. If neither s. 939.62 (1) nor 961.48 is 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.

AB1,261,19 2. If either s. 939.62 (1) or 961.48 is being applied, the maximum term of imprisonment is determined by the following method:

AB1,261,22 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.

AB1,261,23 b. Applying s. 939.62 (1) or 961.48 to the product obtained under subd. 2. a.

AB1, s. 542 Section 542. 939.32 (1m) of the statutes is created to read:

AB1,262,3 939.32 (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: