JR2 AB1: Bill Text

AB1,323,13 948.11 (2) (a) (intro.) Whoever, with knowledge of the character and content of the material, sells, rents, exhibits, plays, distributes, or loans to a child any harmful material, with or without monetary consideration, is guilty of a Class E I felony if any of the following applies:

AB1, s. 908 Section 908. 948.11 (2) (am) (intro.) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1,323,20 948.11 (2) (am) (intro.) Any person who has attained the age of 17 and who, with knowledge of the character and content of the description or narrative account, verbally communicates, by any means, a harmful description or narrative account to a child, with or without monetary consideration, is guilty of a Class E I felony if any of the following applies:

AB1, s. 909 Section 909. 948.12 (1m) (intro.) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1,324,2 948.12 (1m) (intro.) Whoever possesses any undeveloped film, photographic negative, photograph, motion picture, videotape, or other recording of a child engaged in sexually explicit conduct under all of the following circumstances is guilty of a Class E I felony:

AB1, s. 910 Section 910. 948.12 (2m) (intro.) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1,324,6 948.12 (2m) (intro.) Whoever exhibits or plays a recording of a child engaged in sexually explicit conduct, if all of the following apply, is guilty of a Class E I felony:

AB1, s. 911 Section 911. 948.13 (2) of the statutes is amended to read:

AB1,324,12 948.13 (2) Whoever has been convicted of a serious child sex offense and subsequently engages in an occupation or participates in a volunteer position that requires him or her to work or interact primarily and directly with children under 16 years of age is guilty of a Class C F felony. This subsection does not apply to a person who is exempt under a court order issued under sub. (2m).

AB1, s. 912 Section 912. 948.20 of the statutes is amended to read:

AB1,324,16 948.20 Abandonment of a child. Whoever, with intent to abandon the child, leaves any child in a place where the child may suffer because of neglect is guilty of a Class D G felony.

AB1, s. 913 Section 913. 948.21 (1) of the statutes is amended to read:

AB1,324,21 948.21 (1) Any person who is responsible for a child's welfare who, through his or her actions or failure to take action, intentionally contributes to the neglect of the child is guilty of a Class A misdemeanor or, if death is a consequence, a Class C D felony.

AB1, s. 914 Section 914. 948.22 (2) of the statutes is amended to read:

AB1,325,3 948.22 (2) Any person who intentionally fails for 120 or more consecutive days to provide spousal, grandchild or child support which the person knows or reasonably should know the person is legally obligated to provide is guilty of a Class E I felony. A prosecutor may charge a person with multiple counts for a violation under this subsection if each count covers a period of at least 120 consecutive days and there is no overlap between periods.

AB1, s. 915 Section 915. 948.23 of the statutes is amended to read:

AB1,325,7 948.23 Concealing death of child. Any person who conceals the corpse of any issue of a woman's body with intent to prevent a determination of whether it was born dead or alive is guilty of a Class E I felony.

AB1, s. 916 Section 916. 948.24 (1) (intro.) of the statutes is amended to read:

AB1,325,10 948.24 (1) (intro.) Whoever does any of the following is guilty of a Class D H felony:

AB1, s. 917 Section 917. 948.30 (1) (intro.) of the statutes is amended to read:

AB1,325,13 948.30 (1) (intro.) Any person who, for any unlawful purpose, does any of the following is guilty of a Class C E felony:

AB1, s. 918 Section 918. 948.30 (2) (intro.) of the statutes is amended to read:

AB1,325,16 948.30 (2) (intro.) Any person who, for any unlawful purpose, does any of the following is guilty of a Class B C felony:

AB1, s. 919 Section 919. 948.31 (1) (b) of the statutes is amended to read:

AB1,326,2 948.31 (1) (b) Except as provided under chs. 48 and 938, whoever intentionally causes a child to leave, takes a child away or withholds a child for more than 12 hours beyond the court-approved period of physical placement or visitation period from a legal custodian with intent to deprive the custodian of his or her custody rights without the consent of the custodian is guilty of a Class C F felony. This paragraph is not applicable if the court has entered an order authorizing the person to so take or withhold the child. The fact that joint legal custody has been awarded to both parents by a court does not preclude a court from finding that one parent has committed a violation of this paragraph.

AB1, s. 920 Section 920. 948.31 (2) of the statutes is amended to read:

AB1,326,10 948.31 (2) Whoever causes a child to leave, takes a child away or withholds a child for more than 12 hours from the child's parents or, in the case of a nonmarital child whose parents do not subsequently intermarry under s. 767.60, from the child's mother or, if he has been granted legal custody, the child's father, without the consent of the parents, the mother or the father with legal custody, is guilty of a Class E I felony. This subsection is not applicable if legal custody has been granted by court order to the person taking or withholding the child.

AB1, s. 921 Section 921. 948.31 (3) (intro.) of the statutes is amended to read:

AB1,326,13 948.31 (3) (intro.) Any parent, or any person acting pursuant to directions from the parent, who does any of the following is guilty of a Class C F felony:

AB1, s. 922 Section 922. 948.35 of the statutes is repealed.

AB1, s. 923 Section 923. 948.36 of the statutes is repealed.

AB1, s. 924 Section 924. 948.40 (4) (a) of the statutes is amended to read:

AB1,326,18 948.40 (4) (a) If death is a consequence, the person is guilty of a Class C D felony; or

AB1, s. 925 Section 925. 948.40 (4) (b) of the statutes is amended to read:

AB1,326,22 948.40 (4) (b) If the child's act which is encouraged or contributed to is a violation of a state or federal criminal law which is punishable as a felony, the person is guilty of a Class D H felony.

AB1, s. 926 Section 926. 948.51 (3) (b) of the statutes is amended to read:

AB1,326,25 948.51 (3) (b) A Class E H felony if the act results in great bodily harm or death to another.

AB1, s. 927 Section 927. 948.51 (3) (c) of the statutes is created to read:

AB1,327,2 948.51 (3) (c) A Class G felony if the act results in the death of another.

AB1, s. 928 Section 928. 948.60 (2) (b) of the statutes is amended to read:

AB1,327,6 948.60 (2) (b) Except as provided in par. (c), any person who intentionally sells, loans or gives a dangerous weapon to a person under 18 years of age is guilty of a Class E I felony.

AB1, s. 929 Section 929. 948.60 (2) (c) of the statutes is amended to read:

AB1,327,10 948.60 (2) (c) Whoever violates par. (b) is guilty of a Class D H felony if the person under 18 years of age under par. (b) discharges the firearm and the discharge causes death to himself, herself or another.

AB1, s. 930 Section 930. 948.605 (2) (a) of the statutes is amended to read:

AB1,327,14 948.605 (2) (a) Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone is guilty of a Class A misdemeanor I felony.

AB1, s. 931 Section 931. 948.605 (3) (a) of the statutes is amended to read:

AB1,327,18 948.605 (3) (a) Any individual who knowingly, or with reckless disregard for the safety of another, discharges or attempts to discharge a firearm at a place the individual knows is a school zone is guilty of a Class D G felony.

AB1, s. 932 Section 932. 948.605 (4) of the statutes is repealed.

AB1, s. 933 Section 933. 948.61 (2) (b) of the statutes is amended to read:

AB1,327,23 948.61 (2) (b) A Class E I felony, if the violation is the person's 2nd or subsequent violation of this section within a 5-year period, as measured from the dates the violations occurred.

AB1, s. 934 Section 934. 948.62 (1) (a) of the statutes is amended to read:

AB1,328,2 948.62 (1) (a) A Class E felony A misdemeanor, if the value of the property does not exceed $500.

AB1, s. 935 Section 935. 948.62 (1) (b) of the statutes is amended to read:

AB1,328,5 948.62 (1) (b) A Class D I felony, if the value of the property exceeds $500 but does not exceed $2,500.

AB1, s. 936 Section 936. 948.62 (1) (bm) of the statutes is created to read:

AB1,328,8 948.62 (1) (bm) A Class H felony, if the value of the property exceeds $2,500 but does not exceed $5,000.

AB1, s. 937 Section 937. 948.62 (1) (c) of the statutes is amended to read:

AB1,328,11 948.62 (1) (c) A Class C G felony, if the value of the property exceeds $2,500 $5,000.

AB1, s. 938 Section 938. 949.03 (1) (b) of the statutes is amended to read:

AB1,328,18 949.03 (1) (b) The commission or the attempt to commit any crime specified in s. 346.62 (4), 346.63 (2) or (6), 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.09, 940.10, 940.19, 940.20, 940.201, 940.21, 940.22 (2), 940.225, 940.23, 940.24, 940.25, 940.285, 940.29, 940.30, 940.305, 940.31, 940.32, 941.327, 943.02, 943.03, 943.04, 943.10, 943.20, 943.23 (1g), (1m) or (1r), 943.32, 948.02, 948.025, 948.03, 948.04, 948.07, 948.095, 948.20, 948.30 or 948.51.

AB1, s. 939 Section 939. 950.04 (1v) (g) of the statutes is amended to read:

AB1,328,22 950.04 (1v) (g) To have reasonable attempts made to notify the victim of hearings or court proceedings, as provided under ss. 302.113 (9g) (g) 2., 302.114 (6), 938.27 (4m) and (6), 938.273 (2), 971.095 (3) and 972.14 (3) (b).

AB1, s. 940 Section 940. 950.04 (1v) (nt) of the statutes is created to read:

AB1,329,3 950.04 (1v) (nt) To attend a hearing on a petition for modification of a bifurcated sentence and provide a statement concerning modification of the bifurcated sentence, as provided under s. 302.113 (9g) (d).

AB1, s. 941 Section 941. 951.18 (1) of the statutes is amended to read:

AB1,329,15 951.18 (1) Any person violating s. 951.02, 951.025, 951.03, 951.04, 951.05, 951.06, 951.07, 951.09, 951.10, 951.11, 951.13, 951.14 or 951.15 is subject to a Class C forfeiture. Any person who violates any of these provisions within 3 years after a humane officer issues an abatement order under s. 173.11 prohibiting the violation of that provision is subject to a Class A forfeiture. Any person who intentionally or negligently violates any of those sections is guilty of a Class A misdemeanor. Any person who intentionally violates s. 951.02, resulting in the mutilation, disfigurement or death of an animal, is guilty of a Class E I felony. Any person who intentionally violates s. 951.02 or 951.06, knowing that the animal that is the victim is used by a law enforcement agency to perform agency functions or duties and causing injury to the animal, is guilty of a Class E I felony.

AB1, s. 942 Section 942. 951.18 (2) of the statutes is amended to read:

AB1,329,20 951.18 (2) Any person who violates s. 951.08 (2m) or (3) is guilty of a Class A misdemeanor. Any person who violates s. 951.08 (1) or (2) is guilty of a Class E I felony for the first violation and is guilty of a Class D H felony for the 2nd or subsequent violation.

AB1, s. 943 Section 943. 951.18 (2m) of the statutes is amended to read:

AB1,330,7 951.18 (2m) Any person who violates s. 951.095 is subject to a Class B forfeiture. Any person who intentionally or negligently violates s. 951.095, knowing that the animal that is the victim is used by a law enforcement agency or fire department to perform agency or department functions or duties, is guilty of a Class A misdemeanor. Any person who intentionally violates s. 951.095, knowing that the animal that is the victim is used by a law enforcement agency or fire department to perform agency or department functions or duties and causing injury to the animal, is guilty of a Class E I felony. Any person who intentionally violates s. 951.095, knowing that the animal that is the victim is used by a law enforcement agency or fire department to perform agency or department functions or duties and causing death to the animal, is guilty of a Class D H felony.

AB1, s. 944 Section 944. 961.41 (1) (intro.) of the statutes is amended to read:

AB1,330,12 961.41 (1) Manufacture, distribution or delivery. (intro.) Except as authorized by this chapter, it is unlawful for any person to manufacture, distribute or deliver a controlled substance or controlled substance analog. Any person who violates this subsection with respect to is subject to the following penalties:

AB1, s. 945 Section 945. 961.41 (1) (a) of the statutes is amended to read:

AB1,330,19 961.41 (1) (a) Schedule I and II narcotic drugs generally. Except as provided in par. (d), if a person violates this subsection with respect to a controlled substance included in schedule I or II which is a narcotic drug, or a controlled substance analog of a controlled substance included in schedule I or II which is a narcotic drug, may be fined not more than $25,000 or imprisoned for not more than 22 years and 6 months or both the person is guilty of a Class E felony.

AB1, s. 946 Section 946. 961.41 (1) (b) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1,331,2 961.41 (1) (b) Schedule I, II, and III nonnarcotic drugs generally. Except as provided in pars. (cm) and (e) to (hm), if a person violates this subsection with respect to any other controlled substance included in schedule I, II, or III, or a controlled substance analog of any other controlled substance included in schedule I or II, may be fined not more than $15,000 or imprisoned for not more than 7 years and 6 months or both the person is guilty of a Class H felony.

AB1, s. 947 Section 947. 961.41 (1) (cm) (intro.) of the statutes is amended to read:

AB1,331,7 961.41 (1) (cm) Cocaine and cocaine base. (intro.) Cocaine If the person violates this subsection with respect to cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, is subject to the following penalties if and the amount manufactured, distributed, or delivered is:

AB1, s. 948 Section 948. 961.41 (1) (cm) 1. of the statutes is renumbered 961.41 (1) (cm) 1r. and amended to read:

AB1,331,12 961.41 (1) (cm) 1r. Five grams or less More than one gram but not more than 5 grams, the person shall be fined not more than $500,000 and may be imprisoned for not more than 15 years is guilty of a Class F felony.

AB1, s. 949 Section 949. 961.41 (1) (cm) 1g. of the statutes is created to read:

AB1,331,14 961.41 (1) (cm) 1g. One gram or less, the person is guilty of a Class G felony.

AB1, s. 950 Section 950. 961.41 (1) (cm) 2. of the statutes is amended to read:

AB1,331,18 961.41 (1) (cm) 2. More than 5 grams but not more than 15 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than one year nor more than 22 years and 6 months is guilty of a Class E felony.

AB1, s. 951 Section 951. 961.41 (1) (cm) 3. of the statutes is amended to read:

AB1,331,22 961.41 (1) (cm) 3. More than 15 grams but not more than 40 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 3 years nor more than 30 years is guilty of a Class D felony.

AB1, s. 952 Section 952. 961.41 (1) (cm) 4. of the statutes is amended to read:

AB1,332,3 961.41 (1) (cm) 4. More than 40 grams but not more than 100 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 5 years nor more than 45 years is guilty of a Class C felony.

AB1, s. 953 Section 953. 961.41 (1) (cm) 5. of the statutes is repealed.