AB3: Bill Text

AB3,23,9 15.105 (27) Sentencing commission. (a) Creation; membership. There is created a sentencing commission that is attached to the department of administration under s. 15.03 and that shall consist of the following members:

AB3,23,10 1. The attorney general or his or her designee.

AB3,23,11 2. The state public defender or his or her designee.

AB3,23,13 3. Seven members, at least 2 of whom are not employed by any unit of federal, state, or local government, appointed by the governor.

AB3,23,15 4. One majority party member from each house of the legislature, appointed as are the members of standing committees in their respective houses.

AB3,23,18 5. One member appointed by the senate majority leader or, if the senate majority leader and the governor are members of the same political party, by the senate minority leader.

AB3,23,19 6. Two circuit judges, appointed by the supreme court.

AB3,23,21 7. One representative of crime victims and one district attorney, each appointed by the attorney general.

AB3,23,23 8. One attorney in private practice engaged primarily in the practice of criminal defense, appointed by the criminal law section of the State Bar of Wisconsin.

AB3,24,3 (b) Nonvoting members. The secretary of corrections or his or her designee, the chairperson of the parole commission or his or her designee, and the director of state courts or his or her designee shall be nonvoting members of the commission.

AB3,24,5 (c) Terms. 1. Except as provided in subd. 2., members appointed under par. (a) 3. and 5. to 8. shall serve 3-year terms and are eligible for reappointment.

AB3,24,8 2. The term of a circuit judge appointed under par. (a) 6. shall end when such person ceases to be a circuit judge. The term of a district attorney appointed under par. (a) 7. shall end when such person ceases to be a district attorney.

AB3,24,11 (d) Officers. The governor shall designate annually one of the members of the commission as chairperson. The commission may elect officers other than a chairperson from among its members as its work requires.

AB3,24,18 (e) Reimbursement and compensation. Members of the commission shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties. An officer or employee of the state shall be reimbursed by the agency that pays the member's salary. Members who are full-time state officers or employees shall receive no compensation for their services. Other members shall be paid $25 per day, in addition to their actual and necessary expenses, for each day on which they are actually and necessarily engaged in the performance of their duties.

AB3,24,19 (f) Sunset. This subsection does not apply after December 31, 2006.

AB3, s. 11 Section 11. 19.42 (10) (o) of the statutes is created to read:

AB3,24,22 19.42 (10) (o) A member, the executive director, or the deputy director of the sentencing commission.

AB3, s. 12 Section 12. 19.42 (13) (n) of the statutes is created to read:

AB3,24,25 19.42 (13) (n) The position of member, executive director, or deputy director of the sentencing commission.

AB3, s. 13 Section 13. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB3, s. 14 Section 14. 20.505 (4) (dr) of the statutes is created to read:

AB3,25,6 20.505 (4) (dr) Sentencing commission. The amounts in the schedule for the general program operations of the sentencing commission. No money may be encumbered from the appropriation under this paragraph after December 31, 2006.

AB3, s. 15 Section 15. 20.505 (4) (mr) of the statutes is created to read:

AB3,25,11 20.505 (4) (mr) Sentencing commission; federal aid. All moneys received as federal aid as authorized by the governor under s. 16.54 to carry out the purposes for which the aid is provided. No money may be encumbered from the appropriation under this paragraph after December 31, 2006.

AB3, s. 16 Section 16. 20.923 (4) (b) 7. of the statutes is created to read:

AB3,25,13 20.923 (4) (b) 7. Sentencing commission: executive director.

AB3, s. 17 Section 17. 20.923 (6) (hr) of the statutes is created to read:

AB3,25,15 20.923 (6) (hr) Sentencing commission: deputy director.

AB3, s. 18 Section 18. 23.33 (13) (cg) of the statutes is amended to read:

AB3,26,2 23.33 (13) (cg) Penalties related to causing death or injury; interference with signs and standards. A person who violates sub. (8) (f) 1. shall be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class H felony if the violation causes the death or injury, as defined in s. 30.67 (3) (b), of another person.

AB3, s. 19 Section 19. 26.14 (8) of the statutes is amended to read:

AB3,26,6 26.14 (8) Any person who intentionally sets fire to the land of another or to a marsh 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.

AB3, s. 20 Section 20. 29.971 (1) (c) of the statutes is amended to read:

AB3,26,11 29.971 (1) (c) For A person having fish in his or her possession in violation of this chapter and is guilty of a Class I felony if the value of the fish under par. (d) exceeds $1,000, by a fine of not more than $10,000 or imprisonment for not more than 3 years or both.

AB3, s. 21 Section 21. 29.971 (1m) (c) of the statutes is amended to read:

AB3,26,15 29.971 (1m) (c) For A person possessing clams in violation of s. 29.537, is guilty of a Class I felony if the value of the clams under par. (d) exceeds $1,000, by a fine of not more than $10,000 or imprisonment for not more than 3 years or both.

AB3, s. 22 Section 22. 29.971 (11m) (a) of the statutes is amended to read:

AB3,26,25 29.971 (11m) (a) For shooting, shooting at, killing, taking, catching or possessing a bear without a valid Class A bear license, or for possessing a bear which does not have a carcass tag attached or possessing a bear during the closed season, by a fine of not less than $1,000 nor more than $2,000 or by imprisonment for not more than 6 months or both for the first violation, or by a fine of not more than $5,000 $10,000 or imprisonment for not more than 2 years 9 months or both for any subsequent violation, and, in addition, the court shall revoke all hunting approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting approval under this chapter to the person for 3 years.

AB3, s. 23 Section 23. 29.971 (11p) (a) of the statutes is amended to read:

AB3,27,4 29.971 (11p) (a) For entering the den of a hibernating black bear and harming the bear, by a fine of not more than $10,000 or imprisonment for not more than 2 years 9 months or both.

AB3, s. 24 Section 24. 30.80 (2g) (b) of the statutes is amended to read:

AB3,27,8 30.80 (2g) (b) Shall be fined not less than $300 nor more than $5,000 $10,000 or imprisoned for not more than 2 years 9 months or both if the accident involved injury to a person but the person did not suffer great bodily harm.

AB3, s. 25 Section 25. 30.80 (2g) (c) of the statutes is amended to read:

AB3,27,12 30.80 (2g) (c) Shall be fined not more than $10,000 or imprisoned for not more than 3 years or both Is guilty of a Class I felony if the accident involved injury to a person and the person suffered great bodily harm.

AB3, s. 26 Section 26. 30.80 (2g) (d) of the statutes is amended to read:

AB3,27,16 30.80 (2g) (d) 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 if the accident involved death to a person.

AB3, s. 27 Section 27. 30.80 (3m) of the statutes is amended to read:

AB3,27,20 30.80 (3m) Any person violating s. 30.547 (1), (3) or (4) shall be fined not more than $5,000 or imprisoned not more than 7 years and 6 months or both is guilty of a Class H felony.

AB3, s. 28 Section 28. 36.25 (6) (d) of the statutes is amended to read:

AB3,28,4 36.25 (6) (d) Any officer, agent, clerk or employee of the survey or department of revenue who makes known to any person except the officers of the survey or department of revenue, in any manner, any information given to such person in the discharge of such person's duties under par. (c), which information was given to such person with the request that it not be made known, upon conviction thereof, shall be fined not less than $50 nor more than $500 or imprisoned for not less than one month nor more than 3 years is guilty of a Class I felony. This paragraph shall not prevent the use for assessment purposes of any information obtained under this subsection.

AB3, s. 29 Section 29. 47.03 (3) (d) of the statutes is amended to read:

AB3,28,7 47.03 (3) (d) Any person who violates this subsection shall be fined not more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both.

AB3, s. 30 Section 30. 48.355 (2d) (b) 3. of the statutes is amended to read:

AB3,28,16 48.355 (2d) (b) 3. That the parent has committed a violation of s. 940.19 (3), 1999 stats., 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) 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 child or another child of the parent.

AB3, s. 31 Section 31. 48.415 (9m) (b) 2. of the statutes is amended to read:

AB3,28,23 48.415 (9m) (b) 2. The commission of a violation of s. 940.19 (3), 1999 stats., a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (3) (a), 948.05, 948.06 or 948.08 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, 948.03 (2) (a) or (3) (a), 948.05, 948.06 or 948.08 if committed in this state.

AB3, s. 32 Section 32. 48.417 (1) (d) of the statutes is amended to read:

AB3,29,8 48.417 (1) (d) A court of competent jurisdiction has found that the parent has committed a violation of s. 940.19 (3), 1999 stats., 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) 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 child or another child of the parent.

AB3, s. 33 Section 33. 48.57 (3p) (g) 2. of the statutes is amended to read:

AB3,29,14 48.57 (3p) (g) 2. The person has had imposed on him or her a penalty specified in s. 939.64, 1999 stats., or s. 939.641, 1999 stats., or s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a violation of the law of any other state or federal law under circumstances under which the person would be subject to a penalty specified in any of those sections if convicted in this state.

AB3, s. 34 Section 34. 48.685 (1) (c) of the statutes is amended to read:

AB3,29,25 48.685 (1) (c) "Serious crime" means a violation of s. 940.19 (3), 1999 stats., a violation of s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2), (3), (4), (5) or (6), 940.22 (2) or (3), 940.225 (1), (2) or (3), 940.285 (2), 940.29, 940.295, 948.02 (1) or (2), 948.025, 948.03 (2), 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1) or 948.30 or a violation of the law of any other state or United States jurisdiction that would be a violation of s. 940.19 (3), 1999 stats., or a violation of s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2), (3), (4), (5) or (6), 940.22 (2) or (3), 940.225 (1), (2) or (3), 940.285 (2), 940.29, 940.295, 948.02 (1) or (2), 948.025, 948.03 (2), 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1) or 948.30 if committed in this state.

AB3, s. 35 Section 35. 48.685 (5) (bm) 2. of the statutes is amended to read:

AB3,30,3 48.685 (5) (bm) 2. A violation of s. 940.19 (3), 1999 stats., or of s. 940.19 (2), (3), (4), (5) or (6) or 940.20 (1) or (1m), if the victim is the spouse of the person.

AB3, s. 36 Section 36. 48.685 (5) (bm) 3. of the statutes is amended to read:

AB3,30,7 48.685 (5) (bm) 3. A violation of s. 943.23 (1m) or (1r), 1999 stats., or of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.21, 940.225 (1), (2) or (3), 940.23, 940.305, 940.31, 941.20 (2) or (3), 941.21, 943.10 (2), 943.23 (1g), (1m) or (1r) or 943.32 (2).

AB3, s. 37 Section 37. 48.685 (5) (bm) 4. of the statutes is amended to read:

AB3,30,12 48.685 (5) (bm) 4. A violation of s. 940.19 (3), 1999 stats., or of s. 940.19 (2), (3), (4), (5) or (6), 940.20, 940.203, 940.205 or 940.207 or an offense under ch. 961 that is a felony, if committed not more than 5 years before the date of the investigation under sub. (2) (am).

AB3, s. 38 Section 38. 49.127 (8) (a) 2. of the statutes is amended to read:

AB3,30,16 49.127 (8) (a) 2. If the value of the food coupons exceeds $100, but is less than $5,000, a person who violates this section 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 I felony.

AB3, s. 39 Section 39. 49.127 (8) (b) 2. of the statutes is amended to read:

AB3,30,21 49.127 (8) (b) 2. If the value of the food coupons exceeds $100, but is less than $5,000, a person who violates this section 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.

AB3, s. 40 Section 40. 49.127 (8) (c) of the statutes is amended to read:

AB3,30,25 49.127 (8) (c) For any offense under this section, if the value of the food coupons is $5,000 or more, a person who violates this section may be fined not more than $250,000 or imprisoned for not more than 30 years or both is guilty of a Class G felony.

AB3, s. 41 Section 41. 49.141 (7) (a) of the statutes is amended to read:

AB3,31,5 49.141 (7) (a) A person who is convicted of violating sub. (6) in connection with the furnishing by that person of items or services for which payment is or may be made under Wisconsin works may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

AB3, s. 42 Section 42. 49.141 (7) (b) of the statutes is amended to read:

AB3,31,9 49.141 (7) (b) A person, other than a person under par. (a), who is convicted of violating sub. (6) may be fined not more than $10,000 or imprisoned for not more than 2 years 9 months or both.

AB3, s. 43 Section 43. 49.141 (9) (a) of the statutes is amended to read:

AB3,31,19 49.141 (9) (a) Whoever solicits or receives any remuneration in cash or in-kind, in return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under Wisconsin works, or in return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under Wisconsin works, is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

AB3, s. 44 Section 44. 49.141 (9) (b) of the statutes is amended to read:

AB3,32,4 49.141 (9) (b) Whoever offers or pays any remuneration in cash or in-kind to any person to induce the person to refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under Wisconsin works, or to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service or item for which payment may be made in whole or in part under any provision of Wisconsin works, is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

AB3, s. 45 Section 45. 49.141 (10) (b) of the statutes is amended to read:

AB3,32,9 49.141 (10) (b) A person who violates this subsection is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

AB3, s. 46 Section 46. 49.195 (3n) (k) of the statutes is amended to read:

AB3,32,16 49.195 (3n) (k) Any person who removes, deposits or conceals or aids in removing, depositing or concealing any property upon which a levy is authorized under this subsection with intent to evade or defeat the assessment or collection of any debt may be fined not more than $5,000 or imprisoned for not more than 4 years and 6 months or both, is guilty of a Class H felony and shall be liable to the state for assessed the costs of prosecution.

AB3, s. 47 Section 47. 49.195 (3n) (r) of the statutes is amended to read:

AB3,32,23 49.195 (3n) (r) No employer may discharge or otherwise discriminate with respect to the terms and conditions of employment against any employee by reason of the fact that his or her earnings have been subject to levy for any one levy or because of compliance with any provision of this subsection. Any person who violates this paragraph may be fined not more than $1,000 or imprisoned for not more than 2 years or both is guilty of a Class I felony.

AB3, s. 48 Section 48. 49.49 (1) (b) 1. of the statutes is amended to read: