AB3,20,1513
(e) A reserve judge who resides in the 1st, 2nd, 3rd, 4th, or 5th judicial
14administrative district and a reserve judge who resides in the 6th, 7th, 8th, 9th, or
1510th judicial administrative district, appointed by the supreme court.
AB3,20,1816
(f) Two members of the public appointed by the governor, one of whom shall
17have law enforcement experience in this state and one of whom shall be an elected
18county official.
AB3,20,21
19(2) Officers. The majority party senator and the majority party representative
20to the assembly shall be cochairpersons of the committee. The committee shall elect
21a secretary from among its nonlegislator members.
AB3,20,23
22(3) Judicial and gubernatorial appointees. Members appointed under sub. (1)
23(e) or (f) shall serve at the pleasure of the authority appointing them.
AB3,21,3
1(4) Eligibility. A member shall cease to be a member upon
losing the status
2upon which the appointment is based. Membership on the committee shall not be
3incompatible with any other public office.
AB3,21,11
4(5) Review of legislation relating to crimes. (a) If any bill that is introduced
5in either house of the legislature proposes to create a new crime or revise a penalty
6for an existing crime and the bill is referred to a standing committee of the house in
7which it is introduced, the chairperson may request the joint review committee to
8prepare a report on the bill under par. (b). If the bill is not referred to a standing
9committee, the speaker of the assembly, if the bill is introduced in the assembly, or
10the presiding officer of the senate, if the bill is introduced in the senate, may request
11the joint review committee to prepare a report on the bill under par. (b).
AB3,21,1412
(b) If the joint review committee receives a request under par. (a) for a report
13on a bill that proposes to create a new crime or revise a penalty for an existing crime,
14the committee shall prepare a report concerning all of the following:
AB3,21,1715
1. The costs that are likely to be incurred or saved by the department of
16corrections, the department of justice, the state public defender, the courts, district
17attorneys, and other state and local government agencies if the bill is enacted.
AB3,21,1918
2. The consistency of penalties proposed in the bill with existing criminal
19penalties.
AB3,21,2120
3. Alternative language needed, if any, to conform penalties proposed in the bill
21to penalties in existing criminal statutes.
AB3,21,2322
4. Whether acts prohibited under the bill are prohibited under existing
23criminal statutes.
AB3,22,224
(c) The chief clerk shall print a report prepared by the committee under par.
25(b) as an appendix to the bill and attach it thereto as are amendments. The
1reproduction shall be in lieu of inclusion in the daily journal of the house in which
2the proposal is introduced.
AB3,22,83
(d) If a bill that is introduced in either house of the legislature proposes to create
4a new crime or revise a penalty for an existing crime, a standing committee to which
5the bill is referred may not vote on whether to recommend the bill for passage and
6the bill may not be passed by the house in which it is introduced before the joint
7review committee submits a report under par. (b) or before the 30th day after a report
8is requested under par. (a), whichever is earlier.
AB3,22,12
9(6) Committee powers and procedures. The committee may hold hearings as
10needed to elicit information for making a report. The committee shall meet at the
11call of its cochairpersons. All actions of the committee require the approval of a
12majority of all of its members.
AB3, s. 8
13Section
8. 13.69 (6m) of the statutes is amended to read:
AB3,22,1814
13.69
(6m) Any principal, lobbyist or other individual acting on behalf of a
15principal who files a statement under s. 13.63 (1), 13.64, 13.65, 13.67 or 13.68 which
16he or she does not believe to be true
may be fined not more than $10,000 or
17imprisoned for not more than 7 years and 6 months or both is guilty of a Class H
18felony.
AB3, s. 9
19Section
9. 15.01 (2) of the statutes is amended to read:
AB3,23,520
15.01
(2) "Commission" means a 3-member governing body in charge of a
21department or independent agency or of a division or other subunit within a
22department, except for the Wisconsin waterways commission which shall consist of
235 members, the parole commission which shall consist of 6 members and the Fox
24River management commission which shall consist of 7 members. A Wisconsin group
25created for participation in a continuing interstate body, or the interstate body itself,
1shall be known as a "commission", but is not a commission for purposes of s. 15.06.
2The parole commission created under s. 15.145 (1) shall be known as a "commission",
3but is not a commission for purposes of s. 15.06.
The sentencing commission created
4under s. 15.105 (27) shall be known as a "commission" but is not a commission for
5purposes of s. 15.06 (1) to (4m), (7), and (9).
AB3, s. 10
6Section
10. 15.105 (27) of the statutes is created to read:
AB3,23,97
15.105
(27) Sentencing commission. (a)
Creation; membership. There is
8created a sentencing commission that is attached to the department of
9administration under s. 15.03 and that shall consist of the following members:
AB3,23,1010
1. The attorney general or his or her designee.
AB3,23,1111
2. The state public defender or his or her designee.
AB3,23,1312
3. Seven members, at least 2 of whom are not employed by any unit of federal,
13state, or local government, appointed by the governor.
AB3,23,1514
4. One majority party member from each house of the legislature, appointed
15as are the members of standing committees in their respective houses.
AB3,23,1816
5. One member appointed by the senate majority leader or, if the senate
17majority leader and the governor are members of the same political party, by the
18senate minority leader.
AB3,23,1919
6. Two circuit judges, appointed by the supreme court.
AB3,23,2120
7. One representative of crime victims and one district attorney, each appointed
21by the attorney general.
AB3,23,2322
8. One attorney in private practice engaged primarily in the practice of criminal
23defense, appointed by the criminal law section of the State Bar of Wisconsin.
AB3,24,3
1(b)
Nonvoting members. The secretary of corrections or his or her designee, the
2chairperson of the parole commission or his or her designee, and the director of state
3courts or his or her designee shall be nonvoting members of the commission.
AB3,24,54
(c)
Terms. 1. Except as provided in subd. 2., members appointed under par. (a)
53. and 5. to 8. shall serve 3-year terms and are eligible for reappointment.
AB3,24,86
2. The term of a circuit judge appointed under par. (a) 6. shall end when such
7person ceases to be a circuit judge. The term of a district attorney appointed under
8par. (a) 7. shall end when such person ceases to be a district attorney.
AB3,24,119
(d)
Officers. The governor shall designate annually one of the members of the
10commission as chairperson. The commission may elect officers other than a
11chairperson from among its members as its work requires.
AB3,24,1812
(e)
Reimbursement and compensation. Members of the commission shall be
13reimbursed for their actual and necessary expenses incurred in the performance of
14their duties. An officer or employee of the state shall be reimbursed by the agency
15that pays the member's salary. Members who are full-time state officers or
16employees shall receive no compensation for their services. Other members shall be
17paid $25 per day, in addition to their actual and necessary expenses, for each day on
18which they are actually and necessarily engaged in the performance of their duties.
AB3,24,1919
(f)
Sunset. This subsection does not apply after December 31, 2006.
AB3, s. 11
20Section
11. 19.42 (10) (o) of the statutes is created to read:
AB3,24,2221
19.42
(10) (o) A member, the executive director, or the deputy director of the
22sentencing commission.
AB3, s. 12
23Section
12. 19.42 (13) (n) of the statutes is created to read:
AB3,24,2524
19.42
(13) (n) The position of member, executive director, or deputy director of
25the sentencing commission.
AB3, s. 13
1Section
13. 20.005 (3) (schedule) of the statutes: at the appropriate place,
2insert the following amounts for the purposes indicated:
-
See PDF for table AB3, s. 14
3Section
14. 20.505 (4) (dr) of the statutes is created to read:
AB3,25,64
20.505
(4) (dr)
Sentencing commission. The amounts in the schedule for the
5general program operations of the sentencing commission. No money may be
6encumbered from the appropriation under this paragraph after December 31, 2006.
AB3, s. 15
7Section
15. 20.505 (4) (mr) of the statutes is created to read:
AB3,25,118
20.505
(4) (mr)
Sentencing commission; federal aid. All moneys received as
9federal aid as authorized by the governor under s. 16.54 to carry out the purposes for
10which the aid is provided. No money may be encumbered from the appropriation
11under this paragraph after December 31, 2006.
AB3, s. 16
12Section
16. 20.923 (4) (b) 7. of the statutes is created to read:
AB3,25,1313
20.923
(4) (b) 7. Sentencing commission: executive director.
AB3, s. 17
14Section
17. 20.923 (6) (hr) of the statutes is created to read:
AB3,25,1515
20.923
(6) (hr) Sentencing commission: deputy director.
AB3, s. 18
16Section
18. 23.33 (13) (cg) of the statutes is amended to read:
AB3,26,217
23.33
(13) (cg)
Penalties related to causing death or injury; interference with
18signs and standards. A person who violates sub. (8) (f) 1.
shall be fined not more than
19$10,000 or imprisoned for not more than 3 years or both is guilty of a Class H felony
1if the violation causes the death or injury, as defined in s. 30.67 (3) (b), of another
2person.
AB3, s. 19
3Section
19. 26.14 (8) of the statutes is amended to read:
AB3,26,64
26.14
(8) Any person who intentionally sets fire to the land of another or to a
5marsh
shall be fined not more than $10,000 or imprisoned for not more than 7 years
6and 6 months or both is guilty of a Class H felony.
AB3, s. 20
7Section
20. 29.971 (1) (c) of the statutes is amended to read:
AB3,26,118
29.971
(1) (c)
For A person having fish in his or her possession in violation of
9this chapter
and is guilty of a Class I felony if the value of the fish under par. (d)
10exceeds $1,000
, by a fine of not more than $10,000 or imprisonment for not more than
113 years or both.
AB3, s. 21
12Section
21. 29.971 (1m) (c) of the statutes is amended to read:
AB3,26,1513
29.971
(1m) (c)
For A person possessing clams in violation of s. 29.537
,
is guilty
14of a Class I felony if the value of the clams under par. (d) exceeds $1,000
, by a fine
15of not more than $10,000 or imprisonment for not more than 3 years or both.
AB3, s. 22
16Section
22. 29.971 (11m) (a) of the statutes is amended to read:
AB3,26,2517
29.971
(11m) (a) For shooting, shooting at, killing, taking, catching or
18possessing a bear without a valid Class A bear license, or for possessing a bear which
19does not have a carcass tag attached or possessing a bear during the closed season,
20by a fine of not less than $1,000 nor more than $2,000 or by imprisonment for not
21more than 6 months or both for the first violation, or by a fine of not more than
$5,000 22$10,000 or imprisonment for not more than
2 years 9 months or both for any
23subsequent violation, and, in addition, the court shall revoke all hunting approvals
24issued to the person under this chapter and shall prohibit the issuance of any new
25hunting approval under this chapter to the person for 3 years.
AB3, s. 23
1Section
23. 29.971 (11p) (a) of the statutes is amended to read:
AB3,27,42
29.971
(11p) (a) For entering the den of a hibernating black bear and harming
3the bear, by a fine of not more than $10,000 or imprisonment for not more than
2
4years 9 months or both.
AB3, s. 24
5Section
24. 30.80 (2g) (b) of the statutes is amended to read:
AB3,27,86
30.80
(2g) (b) Shall be fined not
less than $300 nor more than
$5,000 $10,000 7or imprisoned for not more than
2 years 9 months or both if the accident involved
8injury to a person but the person did not suffer great bodily harm.
AB3, s. 25
9Section
25. 30.80 (2g) (c) of the statutes is amended to read:
AB3,27,1210
30.80
(2g) (c)
Shall be fined not more than $10,000 or imprisoned for not more
11than 3 years or both Is guilty of a Class I felony if the accident involved injury to a
12person and the person suffered great bodily harm.
AB3, s. 26
13Section
26. 30.80 (2g) (d) of the statutes is amended to read:
AB3,27,1614
30.80
(2g) (d)
Shall be fined not more than $10,000 or imprisoned for not more
15than 7 years and 6 months or both Is guilty of a Class H felony if the accident involved
16death to a person.
AB3, s. 27
17Section
27. 30.80 (3m) of the statutes is amended to read:
AB3,27,2018
30.80
(3m) Any person violating s. 30.547 (1), (3) or (4)
shall be fined not more
19than $5,000 or imprisoned not more than 7 years and 6 months or both is guilty of
20a Class H felony.
AB3, s. 28
21Section
28. 36.25 (6) (d) of the statutes is amended to read:
AB3,28,422
36.25
(6) (d) Any officer, agent, clerk or employee of the survey or department
23of revenue who makes known to any person except the officers of the survey or
24department of revenue, in any manner, any information given to such person in the
25discharge of such person's duties under par. (c), which information was given to such
1person with the request that it not be made known,
upon conviction thereof, shall be
2fined not less than $50 nor more than $500 or imprisoned for not less than one month
3nor more than 3 years is guilty of a Class I felony. This paragraph shall not prevent
4the use for assessment purposes of any information obtained under this subsection.
AB3, s. 29
5Section
29. 47.03 (3) (d) of the statutes is amended to read:
AB3,28,76
47.03
(3) (d) Any person who violates this subsection shall be fined not more
7than
$1,000 $10,000 or imprisoned for not more than
2 years 9 months or both.
AB3, s. 30
8Section
30. 48.355 (2d) (b) 3. of the statutes is amended to read:
AB3,28,169
48.355
(2d) (b) 3. That the parent has committed
a violation of s. 940.19 (3),
101999 stats., a violation of s. 940.19 (2),
(3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or
11(2), 948.025 or 948.03 (2) (a) or (3) (a) or a violation of the law of any other state or
12federal law, if that violation would be a violation of s. 940.19 (2),
(3), (4) or (5), 940.225
13(1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) if committed in this state,
14and that the violation resulted in great bodily harm, as defined in s. 939.22 (14), or
15in substantial bodily harm, as defined in s. 939.22 (38), to the child or another child
16of the parent.
AB3, s. 31
17Section
31. 48.415 (9m) (b) 2. of the statutes is amended to read:
AB3,28,2318
48.415
(9m) (b) 2. The commission of
a violation of s. 940.19 (3), 1999 stats., 19a violation of s. 940.19 (2),
(3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025,
20948.03 (2) (a) or (3) (a), 948.05, 948.06 or 948.08 or a violation of the law of any other
21state or federal law, if that violation would be a violation of s. 940.19 (2),
(3), (4) or
22(5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (3) (a), 948.05, 948.06
23or 948.08 if committed in this state.
AB3, s. 32
24Section
32. 48.417 (1) (d) of the statutes is amended to read:
AB3,29,8
148.417
(1) (d) A court of competent jurisdiction has found that the parent has
2committed
a violation of s. 940.19 (3), 1999 stats., a violation of s. 940.19 (2),
(3), (4)
3or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) or a
4violation of the law of any other state or federal law, if that violation would be a
5violation of s. 940.19 (2),
(3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or
6948.03 (2) (a) or (3) (a) if committed in this state, and that the violation resulted in
7great bodily harm, as defined in s. 939.22 (14), or in substantial bodily harm, as
8defined in s. 939.22 (38), to the child or another child of the parent.
AB3, s. 33
9Section
33. 48.57 (3p) (g) 2. of the statutes is amended to read:
AB3,29,1410
48.57
(3p) (g) 2. The person has had imposed on him or her a penalty specified
11in
s. 939.64, 1999 stats., or s. 939.641, 1999 stats., or s. 939.62, 939.621, 939.63
,
12939.64, 939.641 or 939.645 or has been convicted of a violation of the law of any other
13state or federal law under circumstances under which the person would be subject
14to a penalty specified in any of those sections if convicted in this state.
AB3, s. 34
15Section
34. 48.685 (1) (c) of the statutes is amended to read:
AB3,29,2516
48.685
(1) (c) "Serious crime" means
a violation of s. 940.19 (3), 1999 stats., a
17violation of s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2),
(3), (4), (5) or (6),
18940.22 (2) or (3), 940.225 (1), (2) or (3), 940.285 (2), 940.29, 940.295, 948.02 (1) or (2),
19948.025, 948.03 (2), 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 (2) (a) or (am),
20948.12, 948.13, 948.21 (1) or 948.30 or a violation of the law of any other state or
21United States jurisdiction that would be
a violation of s. 940.19 (3), 1999 stats., or 22a violation of s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2),
(3), (4), (5) or (6),
23940.22 (2) or (3), 940.225 (1), (2) or (3), 940.285 (2), 940.29, 940.295, 948.02 (1) or (2),
24948.025, 948.03 (2), 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 (2) (a) or (am),
25948.12, 948.13, 948.21 (1) or 948.30 if committed in this state.
AB3, s. 35
1Section
35. 48.685 (5) (bm) 2. of the statutes is amended to read:
AB3,30,32
48.685
(5) (bm) 2. A violation of
s. 940.19 (3), 1999 stats., or of s. 940.19 (2),
(3), 3(4), (5) or (6) or 940.20 (1) or (1m), if the victim is the spouse of the person.
AB3, s. 36
4Section
36. 48.685 (5) (bm) 3. of the statutes is amended to read:
AB3,30,75
48.685
(5) (bm) 3. A violation of
s. 943.23 (1m) or (1r), 1999 stats., or of s. 940.01,
6940.02, 940.03, 940.05, 940.06, 940.21, 940.225 (1), (2) or (3), 940.23, 940.305, 940.31,
7941.20 (2) or (3), 941.21, 943.10 (2), 943.23 (1g)
, (1m) or (1r) or 943.32 (2).
AB3, s. 37
8Section
37. 48.685 (5) (bm) 4. of the statutes is amended to read:
AB3,30,129
48.685
(5) (bm) 4. A violation of
s. 940.19 (3), 1999 stats., or of s. 940.19 (2),
(3), 10(4), (5) or (6), 940.20, 940.203, 940.205 or 940.207 or an offense under ch. 961 that
11is a felony, if committed not more than 5 years before the date of the investigation
12under sub. (2) (am).
AB3, s. 38
13Section
38. 49.127 (8) (a) 2. of the statutes is amended to read:
AB3,30,1614
49.127
(8) (a) 2. If the value of the food coupons exceeds $100, but is less than
15$5,000, a person who violates this section
may be fined not more than $10,000 or
16imprisoned for not more than 7 years and 6 months or both is guilty of a Class I felony.