AB3,180,15
6961.49 Distribution of or possession with intent to deliver a controlled
7substance on or near certain places. (intro.) If any person violates s. 961.41 (1)
8(cm), (d), (e),
(em), (f), (g) or (h) by delivering or distributing, or violates s. 961.41 (1m)
9(cm), (d), (e),
(em), (f), (g) or (h) by possessing with intent to deliver or distribute,
10cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin,
11psilocybin, amphetamine, methamphetamine, methcathinone or any form of
12tetrahydrocannabinols or a controlled substance analog of any of these substances
13and the delivery, distribution or possession takes place under any of the following
14circumstances, the maximum term of imprisonment prescribed by law for that crime
15may be increased by 5 years:
AB3, s. 766
16Section
766. 961.49 (2) of the statutes is repealed.
AB3, s. 767
17Section
767. 961.49 (3) of the statutes is repealed.
AB3, s. 768
18Section
768. 961.492 of the statutes is repealed.
AB3, s. 769
19Section
769. 961.55 (1) (d) 3. of the statutes is amended to read:
AB3,180,2120
961.55
(1) (d) 3. A vehicle is not subject to forfeiture for a violation of s. 961.41
21(3g) (b), (c), (d),
(dm), (e) or (f); and
AB3, s. 770
22Section
770. 961.573 (3) of the statutes is amended to read:
AB3,181,323
961.573
(3) No person may use, or possess with the primary intent to use, drug
24paraphernalia to manufacture, compound, convert, produce, process, prepare, test,
25analyze, pack, repack or store methamphetamine or a controlled substance analog
1of methamphetamine in violation of this chapter. Any person who violates this
2subsection
may be fined not more than $10,000 or imprisoned for not more than 5
3years or both is guilty of a Class H felony.
AB3, s. 771
4Section
771. 961.574 (3) of the statutes is amended to read:
AB3,181,115
961.574
(3) No person may deliver, possess with intent to deliver, or
6manufacture with intent to deliver, drug paraphernalia, knowing that it will be
7primarily used to manufacture, compound, convert, produce, process, prepare, test,
8analyze, pack, repack or store methamphetamine or a controlled substance analog
9of methamphetamine in violation of this chapter. Any person who violates this
10subsection
may be fined not more than $10,000 or imprisoned for not more than 5
11years or both is guilty of a Class H felony.
AB3, s. 772
12Section
772. 961.575 (3) of the statutes is amended to read:
AB3,181,1613
961.575
(3) Any person 17 years of age or over who violates s. 961.574 (3) by
14delivering drug paraphernalia to a person 17 years of age or under
may be fined not
15more than $50,000 or imprisoned for not more than 10 years or both
is guilty of a
16Class G felony.
AB3, s. 773
17Section
773. 967.04 (9) of the statutes is amended to read:
AB3,181,2418
967.04
(9) In any criminal prosecution or juvenile fact-finding hearing under
19s. 48.31 or 938.31, the court may admit into evidence a videotaped deposition taken
20under subs. (7) and (8) without an additional hearing under s. 908.08. In any
21proceeding under s.
302.113 (9) (am), 302.114 (9) (am), 304.06 (3)
, or 973.10 (2), the
22hearing examiner may order and preside at the taking of a videotaped deposition
23using the procedure provided in subs. (7) and (8) and may admit the videotaped
24deposition into evidence without an additional hearing under s. 908.08.
AB3, s. 774
25Section
774. 968.255 (1) (a) 2. of the statutes is amended to read:
AB3,182,2
1968.255
(1) (a) 2. Arrested for any misdemeanor under s. 167.30, 940.19, 941.20
2(1), 941.23, 941.237, 941.24, 948.60,
948.605 (2) (a) or 948.61.
AB3, s. 775
3Section
775. 968.31 (1) (intro.) of the statutes is amended to read:
AB3,182,74
968.31
(1) (intro.) Except as otherwise specifically provided in ss. 196.63 or
5968.28 to 968.30, whoever commits any of the acts enumerated in this section
may
6be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months
7or both is guilty of a Class H felony:
AB3, s. 776
8Section
776. 968.34 (3) of the statutes is amended to read:
AB3,182,109
968.34
(3) Whoever knowingly violates sub. (1)
shall may be fined not more
10than $10,000 or imprisoned for not more than
2 years
9 months or both.
AB3, s. 777
11Section
777. 968.43 (3) of the statutes is amended to read:
AB3,182,1412
968.43
(3) Any person who violates an oath or affirmation required by sub. (2)
13may be imprisoned for not more than 7 years and 6 months is guilty of a Class H
14felony.
AB3, s. 778
15Section
778. 969.08 (10) (a) of the statutes is amended to read:
AB3,182,1816
969.08
(10) (a) "Commission of a serious crime" includes a solicitation,
17conspiracy or attempt, under
s. 948.35, 1999 stats., or s. 939.30, 939.31,
or 939.32
or
18948.35, to commit a serious crime.
AB3, s. 779
19Section
779. 969.08 (10) (b) of the statutes is amended to read:
AB3,183,220
969.08
(10) (b) "Serious crime" means any crime specified in
s. 943.23 (1m),
211999 stats., or s. 943.23 (1r), 1999 stats., or s. 346.62 (4), 940.01, 940.02, 940.03,
22940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5), 940.195 (5), 940.20, 940.201,
23940.203, 940.21, 940.225 (1) to (3), 940.23, 940.24, 940.25, 940.29, 940.295 (3) (b) 1g.,
241m., 1r., 2. or 3., 940.31, 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c),
25943.011, 943.013, 943.02, 943.03, 943.04, 943.06, 943.10, 943.23 (1g),
(1m) or (1r),
1943.30, 943.32, 946.01, 946.02, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03,
2948.04, 948.05, 948.06, 948.07 or 948.30.
AB3, s. 780
3Section
780. 971.17 (1) of the statutes is renumbered 971.17 (1) (a) and
4amended to read:
AB3,183,155
971.17
(1) (a)
Felonies committed before the effective date of this paragraph ....
6[revisor inserts date]. When Except as provided in par. (c), when a defendant is found
7not guilty by reason of mental disease or mental defect
of a felony committed before
8the effective date of this paragraph .... [revisor inserts date], the court shall commit
9the person to the department of health and family services for a specified period not
10exceeding two-thirds of the maximum term of imprisonment that could be imposed
11under s. 973.15 (2) (a) against an offender convicted of the same
crime or crimes 12felony, including imprisonment authorized by
ss. 346.65 (2) (f), (2j) (d) or (3m),
13939.62, 939.621, 939.63, 939.635, 939.64, 939.641, 939.645, 940.09 (1b), 940.25 (1b)
14and 961.48 and other any applicable penalty enhancement statutes,
as applicable, 15subject to the credit provisions of s. 973.155.
AB3,183,19
16(c) Felonies punishable by life imprisonment. If
the maximum term of
17imprisonment is a defendant is found not guilty by reason of mental disease or
18mental defect of a felony that is punishable by life
imprisonment, the commitment
19period specified by the court may be life, subject to termination under sub. (5).
AB3, s. 781
20Section
781. 971.17 (1) (b) of the statutes is created to read:
AB3,184,421
971.17
(1) (b)
Felonies committed on or after the effective date of this paragraph
22.... [revisor inserts date]. Except as provided in par. (c), when a defendant is found
23not guilty by reason of mental disease or mental defect of a felony committed on or
24after the effective date of this paragraph .... [revisor inserts date], the court shall
25commit the person to the department of health and family services for a specified
1period not exceeding the maximum term of confinement in prison that could be
2imposed on an offender convicted of the same felony, plus imprisonment authorized
3by any applicable penalty enhancement statutes, subject to the credit provisions of
4s. 973.155.
AB3, s. 782
5Section
782. 971.17 (1) (d) of the statutes is created to read:
AB3,184,126
971.17
(1) (d)
Misdemeanors. When a defendant is found not guilty by reason
7of mental disease or mental defect of a misdemeanor, the court shall commit the
8person to the department of health and family services for a specified period not
9exceeding two-thirds of the maximum term of imprisonment that could be imposed
10against an offender convicted of the same misdemeanor, including imprisonment
11authorized by any applicable penalty enhancement statutes, subject to the credit
12provisions of s. 973.155.
AB3, s. 783
13Section
783. 971.365 (1) (a) of the statutes is amended to read:
AB3,184,1714
971.365
(1) (a) In any case under
s. 961.41 (1) (em), 1999 stats., or s. 961.41 (1)
15(cm), (d), (e),
(em), (f), (g) or (h) involving more than one violation, all violations may
16be prosecuted as a single crime if the violations were pursuant to a single intent and
17design.
AB3, s. 784
18Section
784. 971.365 (1) (b) of the statutes is amended to read:
AB3,184,2219
971.365
(1) (b) In any case under
s. 961.41 (1m) (em), 1999 stats., or s. 961.41
20(1m) (cm), (d), (e),
(em), (f), (g) or (h) involving more than one violation, all violations
21may be prosecuted as a single crime if the violations were pursuant to a single intent
22and design.
AB3, s. 785
23Section
785. 971.365 (1) (c) of the statutes is amended to read:
AB3,185,224
971.365
(1) (c) In any case under
s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41
25(3g) (dm), 1999 stats., or s. 961.41 (3g)
(a) 2.
(am), (c), (d),
(dm) or (e) involving more
1than one violation, all violations may be prosecuted as a single crime if the violations
2were pursuant to a single intent and design.
AB3, s. 786
3Section
786. 971.365 (2) of the statutes is amended to read:
AB3,185,94
971.365
(2) An acquittal or conviction under sub. (1) does not bar a subsequent
5prosecution for any acts in violation of
s. 961.41 (1) (em), 1999 stats., s. 961 .41 (1m)
6(em), 1999 stats., s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats.,
7or s. 961.41 (1) (cm), (d), (e),
(em), (f), (g)
, or (h), (1m) (cm), (d), (e),
(em), (f), (g)
, or (h)
8or (3g)
(a) 2. (am), (c), (d),
(dm) or (e) on which no evidence was received at the trial
9on the original charge.
AB3, s. 787
10Section
787. 972.15 (2c) of the statutes is amended to read:
AB3,185,1511
972.15
(2c) If the defendant is
subject to being sentenced under s. 973.01 and
12he or she satisfies the criteria under s. 302.045 (2) (b) and (c), the person preparing
13the presentence investigation report shall include in the report a recommendation
14as to whether the defendant should be eligible for the challenge incarceration
15program under s. 302.045.
AB3, s. 788
16Section
788. 973.01 (1) of the statutes is amended to read:
AB3,185,2217
973.01
(1) Bifurcated sentence required. Except as provided in sub. (3),
18whenever a court sentences a person to imprisonment in the Wisconsin state prisons
19for a felony committed on or after December 31, 1999,
or a misdemeanor committed
20on or after the effective date of this subsection .... [revisor inserts date], the court
21shall impose a bifurcated sentence
that consists of a term of confinement in prison
22followed by a term of extended supervision under
s. 302.113 this section.
AB3, s. 789
23Section
789. 973.01 (2) (intro.) of the statutes is amended to read:
AB3,186,524
973.01
(2) Structure of bifurcated sentences. (intro.)
The court shall ensure
25that a A bifurcated sentence is a sentence that consists of a term of confinement in
1prison followed by a term of extended supervision under s. 302.113. The total length
2of a bifurcated sentence equals the length of the term of confinement in prison plus
3the length of the term of extended supervision. An order imposing a bifurcated
4sentence
imposed under
sub. (1) complies this section shall comply with all of the
5following:
AB3, s. 790
6Section
790. 973.01 (2) (a) of the statutes is amended to read:
AB3,186,127
973.01
(2) (a)
Total length of bifurcated sentence. Except as provided in par. (c),
8the total length of the bifurcated sentence may not exceed the maximum period of
9imprisonment
for the specified in s. 939.50 (3), if the crime is a classified felony
, or
10the maximum term of imprisonment provided by statute for the crime, if the crime
11is not a classified felony, plus additional imprisonment authorized by any applicable
12penalty enhancement statutes.
AB3, s. 791
13Section
791. 973.01 (2) (b) (intro.) of the statutes is amended to read:
AB3,186,1814
973.01
(2) (b)
Imprisonment
Confinement portion of bifurcated sentence. 15(intro.) The portion of the bifurcated sentence that imposes a term of confinement
16in prison may not be less than one year
, subject to any minimum sentence prescribed
17for the felony, and, except as provided in par. (c),
may not exceed is subject to 18whichever of the following
limits is applicable:
AB3, s. 792
19Section
792. 973.01 (2) (b) 2. of the statutes is repealed.
AB3, s. 793
20Section
793. 973.01 (2) (b) 3. of the statutes is amended to read:
AB3,186,2221
973.01
(2) (b) 3. For a Class C felony, the term of confinement in prison may
22not exceed
10 25 years.
AB3, s. 794
23Section
794. 973.01 (2) (b) 4. of the statutes is amended to read:
AB3,186,2524
973.01
(2) (b) 4. For a Class D felony, the term of confinement in prison may
25not exceed
5 15 years.
AB3, s. 795
1Section
795. 973.01 (2) (b) 5. of the statutes is amended to read:
AB3,187,32
973.01
(2) (b) 5. For a Class E felony, the term of confinement in prison may
3not exceed
2 10 years.
AB3, s. 796
4Section
796. 973.01 (2) (b) 6. of the statutes is renumbered 973.01 (2) (b) 10.
5(intro.) and amended to read:
AB3,187,86
973.01
(2) (b) 10. (intro.) For any
felony crime other than
a felony specified in
7subds. 1. to 5. one of the following, the term of confinement in prison may not exceed
875% of the total length of the bifurcated sentence
.:
AB3, s. 797
9Section
797. 973.01 (2) (b) 6m. of the statutes is created to read:
AB3,187,1110
973.01
(2) (b) 6m. For a Class F felony, the term of confinement in prison may
11not exceed 7 years and 6 months.
AB3, s. 798
12Section
798. 973.01 (2) (b) 7. of the statutes is created to read:
AB3,187,1413
973.01
(2) (b) 7. For a Class G felony, the term of confinement in prison may
14not exceed 5 years.
AB3, s. 799
15Section
799. 973.01 (2) (b) 8. of the statutes is created to read:
AB3,187,1716
973.01
(2) (b) 8. For a Class H felony, the term of confinement in prison may
17not exceed 3 years.
AB3, s. 800
18Section
800. 973.01 (2) (b) 9. of the statutes is created to read:
AB3,187,2019
973.01
(2) (b) 9. For a Class I felony, the term of confinement in prison may not
20exceed one year and 6 months.
AB3, s. 801
21Section
801. 973.01 (2) (b) 10. a. and b. of the statutes are created to read:
AB3,187,2222
973.01
(2) (b) 10. a. A felony specified in subds. 1. to 9.
AB3,187,2423
b. An attempt to commit a classified felony if the attempt is punishable under
24s. 939.32 (1) (intro.).
AB3, s. 802
1Section
802. 973.01 (2) (c) of the statutes is renumbered 973.01 (2) (c) 1. and
2amended to read:
AB3,188,83
973.01
(2) (c) 1.
The Subject to the minimum period of extended supervision
4required under par. (d), the maximum term of confinement in prison specified in par.
5(b) may be increased by any applicable penalty enhancement
statute. If the
6maximum term of confinement in prison specified in par. (b) is increased under this
7paragraph, the total length of the bifurcated sentence that may be imposed is
8increased by the same amount.
AB3, s. 803
9Section
803. 973.01 (2) (c) 2. of the statutes is created to read:
AB3,188,1210
973.01
(2) (c) 2. If more than one of the following penalty enhancement statutes
11apply to a crime, the court shall apply them in the order listed in calculating the
12maximum term of imprisonment for that crime:
AB3,188,1313
a. Sections 939.621, 939.632, 939.645, 961.46, and 961.49.
AB3,188,1414
b. Section 939.63.
AB3,188,1515
c. Section 939.62 (1) or 961.48.
AB3, s. 804
16Section
804. 973.01 (2) (d) of the statutes is renumbered 973.01 (2) (d) (intro.)
17and amended to read:
AB3,188,2218
973.01
(2) (d)
Minimum and maximum term of extended supervision. (intro.)
19The term of extended supervision
that follows the term of confinement in prison may
20not be less than 25% of the length of the term of confinement in prison imposed under
21par. (b)
. and, for a classified felony, is subject to whichever of the following limits is
22applicable:
AB3, s. 805
23Section
805. 973.01 (2) (d) 1. to 6. of the statutes are created to read:
AB3,188,2524
973.01
(2) (d) 1. For a Class B felony, the term of extended supervision may not
25exceed 20 years.
AB3,189,2
12. For a Class C felony, the term of extended supervision may not exceed 15
2years.
AB3,189,43
3. For a Class D felony, the term of extended supervision may not exceed 10
4years.
AB3,189,65
4. For a Class E, F, or G felony, the term of extended supervision may not exceed
65 years.
AB3,189,87
5. For a Class H felony, the term of extended supervision may not exceed 3
8years.
AB3,189,99
6. For a Class I felony, the term of extended supervision may not exceed 2 years.
AB3, s. 806
10Section
806. 973.01 (4) of the statutes is amended to read:
AB3,189,1511
973.01
(4) No good time; extension or reduction of term of imprisonment. A
12person sentenced to a bifurcated sentence under sub. (1) shall serve the term of
13confinement in prison portion of the sentence without reduction for good behavior.
14The term of confinement in prison portion is subject to extension under s. 302.113 (3)
15and, if applicable, to reduction under s. 302.045 (3m)
, or 302.113 (9g).