AB1, s. 1114
19Section
1114. 973.01 (1) of the statutes is amended to read:
AB1,363,2520
973.01
(1) Bifurcated sentence required. Except as provided in sub. (3),
21whenever a court sentences a person to imprisonment in the Wisconsin state prisons
22for a felony committed on or after December 31, 1999,
or a misdemeanor committed
23on or after the effective date of this subsection .... [revisor inserts date], the court
24shall impose a bifurcated sentence
that consists of a term of confinement in prison
25followed by a term of extended supervision under
s. 302.113 this section.
AB1, s. 1115
1Section
1115. 973.01 (2) (intro.) of the statutes is amended to read:
AB1,364,82
973.01
(2) Structure of bifurcated sentences. (intro.)
The court shall ensure
3that a A bifurcated sentence is a sentence that consists of a term of confinement in
4prison followed by a term of extended supervision under s. 302.113. The total length
5of a bifurcated sentence equals the length of the term of confinement in prison plus
6the length of the term of extended supervision. An order imposing a bifurcated
7sentence
imposed under
sub. (1) complies this section shall comply with all of the
8following:
AB1, s. 1116
9Section
1116. 973.01 (2) (a) of the statutes is amended to read:
AB1,364,1510
973.01
(2) (a)
Total length of bifurcated sentence. Except as provided in par. (c),
11the total length of the bifurcated sentence may not exceed the maximum period of
12imprisonment
for the specified in s. 939.50 (3), if the crime is a classified felony
, or
13the maximum term of imprisonment provided by statute for the crime, if the crime
14is not a classified felony, plus additional imprisonment authorized by any applicable
15penalty enhancement statutes.
AB1, s. 1117
16Section
1117. 973.01 (2) (b) (intro.) of the statutes is amended to read:
AB1,364,2117
973.01
(2) (b)
Imprisonment
Confinement portion of bifurcated sentence. 18(intro.) The portion of the bifurcated sentence that imposes a term of confinement
19in prison may not be less than one year
, subject to any minimum sentence prescribed
20for the felony, and, except as provided in par. (c),
may not exceed is subject to 21whichever of the following
limits is applicable:
AB1, s. 1118
22Section
1118. 973.01 (2) (b) 2. of the statutes is repealed.
AB1, s. 1119
23Section
1119. 973.01 (2) (b) 3. of the statutes is amended to read:
AB1,364,2524
973.01
(2) (b) 3. For a Class C felony, the term of confinement in prison may
25not exceed
10 25 years.
AB1, s. 1120
1Section
1120. 973.01 (2) (b) 4. of the statutes is amended to read:
AB1,365,32
973.01
(2) (b) 4. For a Class D felony, the term of confinement in prison may
3not exceed
5 15 years.
AB1, s. 1121
4Section
1121. 973.01 (2) (b) 5. of the statutes is amended to read:
AB1,365,65
973.01
(2) (b) 5. For a Class E felony, the term of confinement in prison may
6not exceed
2 10 years.
AB1, s. 1122
7Section
1122. 973.01 (2) (b) 6. of the statutes is renumbered 973.01 (2) (b) 10.
8(intro.) and amended to read:
AB1,365,119
973.01
(2) (b) 10. (intro.) For any
felony crime other than
a felony specified in
10subds. 1. to 5. one of the following, the term of confinement in prison may not exceed
1175% of the total length of the bifurcated sentence
.:
AB1, s. 1123
12Section
1123. 973.01 (2) (b) 6m. of the statutes is created to read:
AB1,365,1413
973.01
(2) (b) 6m. For a Class F felony, the term of confinement in prison may
14not exceed 7 years and 6 months.
AB1, s. 1124
15Section
1124. 973.01 (2) (b) 7. of the statutes is created to read:
AB1,365,1716
973.01
(2) (b) 7. For a Class G felony, the term of confinement in prison may
17not exceed 5 years.
AB1, s. 1125
18Section
1125. 973.01 (2) (b) 8. of the statutes is created to read:
AB1,365,2019
973.01
(2) (b) 8. For a Class H felony, the term of confinement in prison may
20not exceed 3 years.
AB1, s. 1126
21Section
1126. 973.01 (2) (b) 9. of the statutes is created to read:
AB1,365,2322
973.01
(2) (b) 9. For a Class I felony, the term of confinement in prison may not
23exceed one year and 6 months.
AB1, s. 1127
24Section
1127. 973.01 (2) (b) 10. a. and b. of the statutes are created to read:
AB1,365,2525
973.01
(2) (b) 10. a. A felony specified in subds. 1. to 9.
AB1,366,2
1b. An attempt to commit a classified felony if the attempt is punishable under
2s. 939.32 (1) (intro.).
AB1, s. 1128
3Section
1128. 973.01 (2) (c) of the statutes is renumbered 973.01 (2) (c) 1. and
4amended to read:
AB1,366,105
973.01
(2) (c) 1.
The Subject to the minimum period of extended supervision
6required under par. (d), the maximum term of confinement in prison specified in par.
7(b) may be increased by any applicable penalty enhancement
statute. If the
8maximum term of confinement in prison specified in par. (b) is increased under this
9paragraph, the total length of the bifurcated sentence that may be imposed is
10increased by the same amount.
AB1, s. 1129
11Section
1129. 973.01 (2) (c) 2. of the statutes is created to read:
AB1,366,1412
973.01
(2) (c) 2. If more than one of the following penalty enhancement statutes
13apply to a crime, the court shall apply them in the order listed in calculating the
14maximum term of imprisonment for that crime:
AB1,366,1515
a. Sections 939.621, 939.632, 939.645, 961.46, and 961.49.
AB1,366,1616
b. Section 939.63.
AB1,366,1717
c. Section 939.62 (1) or 961.48.
AB1, s. 1130
18Section
1130. 973.01 (2) (d) of the statutes is renumbered 973.01 (2) (d) (intro.)
19and amended to read:
AB1,366,2420
973.01
(2) (d)
Minimum and maximum term of extended supervision. (intro.)
21The term of extended supervision
that follows the term of confinement in prison may
22not be less than 25% of the length of the term of confinement in prison imposed under
23par. (b)
. and, for a classified felony, is subject to whichever of the following limits is
24applicable:
AB1, s. 1131
25Section
1131. 973.01 (2) (d) 1. to 6. of the statutes are created to read:
AB1,367,2
1973.01
(2) (d) 1. For a Class B felony, the term of extended supervision may not
2exceed 20 years.
AB1,367,43
2. For a Class C felony, the term of extended supervision may not exceed 15
4years.
AB1,367,65
3. For a Class D felony, the term of extended supervision may not exceed 10
6years.
AB1,367,87
4. For a Class E, F, or G felony, the term of extended supervision may not exceed
85 years.
AB1,367,109
5. For a Class H felony, the term of extended supervision may not exceed 3
10years.
AB1,367,1111
6. For a Class I felony, the term of extended supervision may not exceed 2 years.
AB1, s. 1132
12Section
1132. 973.01 (4) of the statutes is amended to read:
AB1,367,1713
973.01
(4) No good time; extension or reduction of term of imprisonment. A
14person sentenced to a bifurcated sentence under sub. (1) shall serve the term of
15confinement in prison portion of the sentence without reduction for good behavior.
16The term of confinement in prison portion is subject to extension under s. 302.113 (3)
17and, if applicable, to reduction under s. 302.045 (3m)
, or 302.113 (9g).
AB1, s. 1133
18Section
1133. 973.01 (6) of the statutes is amended to read:
AB1,367,2019
973.01
(6) No parole. A person serving a bifurcated sentence imposed under
20sub. (1) is not eligible for release on parole
under that sentence.
AB1, s. 1134
21Section
1134. 973.0135 (1) (b) 2. of the statutes is amended to read:
AB1,368,222
973.0135
(1) (b) 2. Any felony under
s. 940.09 (1), 1999 stats., s. 943.23 (1m)
23or (1r), 1999 stats., s. 948.35 (1) (b) or (c), 1999 stats., or s. 948.36, 1999 stats., s.
24940.01, 940.02, 940.03, 940.05, 940.09
(1) (1c), 940.16, 940.19 (5), 940.195 (5), 940.21,
25940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g),
1(1m) or (1r), 943.32 (2), 946.43 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c),
2948.05, 948.06, 948.07, 948.08,
or 948.30 (2)
, 948.35 (1) (b) or (c) or 948.36.
AB1, s. 1135
3Section
1135. 973.017 of the statutes is created to read:
AB1,368,9
4973.017 Bifurcated sentences; use of guidelines; consideration of
5aggravating and mitigating factors. (1) Definition. In this section, "sentencing
6decision" means a decision as to whether to impose a bifurcated sentence under s.
7973.01 or place a person on probation and a decision as to the length of a bifurcated
8sentence, including the length of each component of the bifurcated sentence, the
9amount of a fine, and the length of a term of probation.
AB1,368,13
10(2) General requirement. When a court makes a sentencing decision
11concerning a person convicted of a criminal offense committed on or after the
12effective date of this subsection .... [revisor inserts date], the court shall consider all
13of the following:
AB1,368,1814
(a) If the offense is a felony, the sentencing guidelines adopted by the
15sentencing commission under s. 973.30 or, if the sentencing commission has not
16adopted a guideline for the offense, any applicable temporary sentencing guideline
17adopted by the criminal penalties study committee created under
1997 Wisconsin
18Act 283.
AB1,368,1919
(ad) The protection of the public.
AB1,368,2020
(ag) The gravity of the offense.
AB1,368,2121
(ak) The rehabilitative needs of the defendant.
AB1,368,2322
(b) Any applicable mitigating factors and any applicable aggravating factors,
23including the aggravating factors specified in subs. (3) to (8).
AB1,368,25
24(3) Aggravating factors; generally. When making a sentencing decision for
25any crime, the court shall consider all of the following as aggravating factors:
AB1,369,3
1(a) The fact that the person committed the crime while his or her usual
2appearance was concealed, disguised, or altered, with the intent to make it less likely
3that he or she would be identified with the crime.
AB1,369,54
(b) The fact that the person committed the crime using information that was
5disclosed to him or her under s. 301.46.
AB1,369,96
(c) The fact that the person committed the crime for the benefit of, at the
7direction of, or in association with any criminal gang, as defined in s. 939.22 (9), with
8the specific intent to promote, further, or assist in any criminal conduct by criminal
9gang members, as defined in s. 939.22 (9g).
AB1,369,1210
(d) The fact that the person committed the felony while wearing a vest or other
11garment designed, redesigned, or adapted to prevent bullets from penetrating the
12garment.
AB1,369,1613
(e) 1. Subject to subd. 2., the fact that the person committed the felony with the
14intent to influence the policy of a governmental unit or to punish a governmental unit
15for a prior policy decision, if any of the following circumstances also applies to the
16felony committed by the person:
AB1,369,1717
a. The person caused bodily harm, great bodily harm, or death to another.
AB1,369,2118
b. The person caused damage to the property of another and the total property
19damaged is reduced in value by $25,000 or more. For the purposes of this subd. 1.
20b., property is reduced in value by the amount that it would cost either to repair or
21to replace it, whichever is less.
AB1,369,2222
c. The person used force or violence or the threat of force or violence.
AB1,370,223
2. a. In this subdivision, "labor dispute" includes any controversy concerning
24terms, tenure, or conditions of employment or concerning the association or
25representation of persons in negotiating, fixing, maintaining, changing, or seeking
1to arrange terms or conditions of employment, regardless of whether the disputants
2stand in the proximate relation of employer and employee.
AB1,370,43
b. Subdivision 1. does not apply to conduct arising out of or in connection with
4a labor dispute.
AB1,370,6
5(4) Aggravating factors; serious sex crimes committed while infected with
6certain diseases. (a) In this subsection:
AB1,370,87
1. "HIV" means any strain of human immunodeficiency virus, which causes
8acquired immunodeficiency syndrome.
AB1,370,109
2. "Serious sex crime" means a violation of s. 940.225 (1) or (2), 948.02 (1) or (2),
10or 948.025.
AB1,370,1211
3. "Sexually transmitted disease" means syphilis, gonorrhea, hepatitis B,
12hepatitis C, or chlamydia.
AB1,370,1513
4. "Significantly exposed" means sustaining a contact which carries a potential
14for transmission of a sexually transmitted disease or HIV by one or more of the
15following:
AB1,370,1816
a. Transmission, into a body orifice or onto mucous membrane, of blood; semen;
17vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial, or
18amniotic fluid; or other body fluid that is visibly contaminated with blood.
AB1,370,2219
b. Exchange, during the accidental or intentional infliction of a penetrating
20wound, including a needle puncture, of blood; semen; vaginal secretions;
21cerebrospinal, synovial, pleural, peritoneal, pericardial, or amniotic fluid; or other
22body fluid that is visibly contaminated with blood.
AB1,371,223
c. Exchange, into an eye, an open wound, an oozing lesion, or other place where
24a significant breakdown in the epidermal barrier has occurred, of blood; semen;
1vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial, or
2amniotic fluid; or other body fluid that is visibly contaminated with blood.
AB1,371,53
(b) When making a sentencing decision concerning a person convicted of a
4serious sex crime, the court shall consider as an aggravating factor the fact that the
5serious sex crime was committed under all of the following circumstances:
AB1,371,96
1. At the time that he or she committed the serious sex crime, the person
7convicted of committing the serious sex crime had a sexually transmitted disease or
8acquired immunodeficiency syndrome or had had a positive test for the presence of
9HIV, antigen, or nonantigenic products of HIV or an antibody to HIV.
AB1,371,1410
2. At the time that he or she committed the serious sex crime, the person
11convicted of committing the serious sex crime knew that he or she had a sexually
12transmitted disease or acquired immunodeficiency syndrome or that he or she had
13had a positive test for the presence of HIV, antigen, or nonantigenic products of HIV
14or an antibody to HIV.
AB1,371,1715
3. The victim of the serious sex crime was significantly exposed to HIV or to the
16sexually transmitted disease, whichever is applicable, by the acts constituting the
17serious sex crime.
AB1,371,19
18(5) Aggravating factors; violent felony committed against elder person. (a)
19In this subsection:
AB1,371,2020
1. "Elder person" means any individual who is 62 years of age or older.
AB1,371,2221
2. "Violent felony" means any felony under s. 940.19 (2), (4), (5), or (6), 940.225
22(1), (2), or (3), 940.23, or 943.32.
AB1,372,223
(b) When making a sentencing decision concerning a person convicted of a
24violent felony, the court shall consider as an aggravating factor the fact that the
1victim of the violent felony was an elder person. This paragraph applies even if the
2person mistakenly believed that the victim had not attained the age of 62 years.
AB1,372,9
3(6) Aggravating factors; child sexual assault or child abuse by certain
4persons. (a) In this subsection, "person responsible for the welfare the child"
5includes the child's parent, stepparent, guardian, foster parent, or treatment foster
6parent; an employee of a public or private residential home, institution, or agency;
7any other person legally responsible for the child's welfare in a residential setting;
8or a person employed by one who is legally responsible for the child's welfare to
9exercise temporary control or care for the child.
AB1,372,1310
(b) When making a sentencing decision concerning a person convicted of a
11violation of s. 948.02 (1) or (2), 948.025 (1), or 948.03 (2) or (3), the court shall consider
12as an aggravating factor the fact that the person was a person responsible for the
13welfare of the child who was the victim of the violation.
AB1,372,18
14(7) Aggravating factors; homicide or injury by intoxicated use of a vehicle. 15When making a sentencing decision concerning a person convicted of a violation of
16s. 940.09 (1) or 940.25 (1), the court shall consider as an aggravating factor the fact
17that, at the time of the violation, there was a minor passenger under 16 years of age
18or an unborn child in the person's motor vehicle.
AB1,372,21
19(8) Aggravating factors; controlled substances offenses. (a)
Distribution
20or delivery to prisoners. 1. In this paragraph, "precinct" means a place where any
21activity is conducted by a prison, jail, or house of correction.