AB3: Bill Text

AB3,88,18 801.50 (5c) Venue of an action for certiorari brought by the department of corrections under s. 302.113 (9) (d) or 302.114 (9) (d) to review a decision to not revoke extended supervision shall be in the county in which the person on extended supervision was convicted of the offense for which he or she is on extended supervision.

AB3, s. 247 Section 247. 908.08 (1) of the statutes is amended to read:

AB3,88,24 908.08 (1) In any criminal trial or hearing, juvenile fact-finding hearing under s. 48.31 or 938.31 or revocation hearing under s. 302.113 (9) (am), 302.114 (9) (am), 304.06 (3), or 973.10 (2), the court or hearing examiner may admit into evidence the videotaped oral statement of a child who is available to testify, as provided in this section.

AB3, s. 248 Section 248. 911.01 (4) (c) of the statutes is amended to read:

AB3,89,6 911.01 (4) (c) Miscellaneous proceedings. Proceedings for extradition or rendition; sentencing, or granting or revoking probation, modification of a bifurcated sentence under s. 302.113 (9g), issuance of arrest warrants, criminal summonses and search warrants; proceedings under s. 971.14 (1) (c); proceedings with respect to pretrial release under ch. 969 except where habeas corpus is utilized with respect to release on bail or as otherwise provided in ch. 969.

AB3, s. 249 Section 249. 938.208 (1) (a) of the statutes is amended to read:

AB3,89,12 938.208 (1) (a) Probable cause exists to believe that the juvenile has committed a delinquent act that would be a felony under s. 940.01, 940.02, 940.03, 940.05, 940.19 (2) to (6), 940.21, 940.225 (1), 940.31, 941.20 (3), 943.02 (1), 943.23 (1g), (1m) or (1r), 943.32 (2), 947.013 (1t), (1v) or (1x), 948.02 (1) or (2), 948.025 or 948.03 if committed by an adult.

AB3, s. 250 Section 250. 938.34 (4h) (a) of the statutes is amended to read:

AB3,89,20 938.34 (4h) (a) The juvenile is 14 years of age or over and has been adjudicated delinquent for committing a violation of s. 939.31, 939.32 (1) (a), 940.03, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, (1), or 948.30 (2), 948.35 (1) (b) or 948.36 or the juvenile is 10 years of age or over and has been adjudicated delinquent for attempting or committing a violation of s. 940.01 or for committing a violation of 940.02 or 940.05.

AB3, s. 251 Section 251. 938.34 (4m) (b) 1. of the statutes is amended to read:

AB3,89,25 938.34 (4m) (b) 1. The juvenile has committed a delinquent act that would be a felony under s. 940.01, 940.02, 940.03, 940.05, 940.19 (2) to (6), 940.21, 940.225 (1), 940.31, 941.20 (3), 943.02 (1), 943.23 (1g), (1m) or (1r), 943.32 (2), 947.013 (1t), (1v) or (1x), 948.02 (1) or (2), 948.025 or 948.03 if committed by an adult.

AB3, s. 252 Section 252. 938.355 (2d) (b) 3. of the statutes is amended to read:

AB3,90,9 938.355 (2d) (b) 3. That the parent has committed a violation of s. 940.19 (3), 1999 stats., or 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 juvenile or another child of the parent.

AB3, s. 253 Section 253. 938.355 (4) (b) of the statutes is amended to read:

AB3,90,19 938.355 (4) (b) An order under s. 938.34 (4d), (4h) or (4m) for which a juvenile has been adjudicated delinquent is subject to par. (a), except that the judge may make an order under s. 938.34 (4d) or (4m) apply for up to 2 years or until the juvenile's 18th birthdate, whichever is earlier and the judge shall make an order under s. 938.34 (4h) apply for 5 years, if the juvenile is adjudicated delinquent for committing a violation of s. 943.10 (2) or for committing an act that would be punishable as a Class B or C felony if committed by an adult, or until the juvenile reaches 25 years of age, if the juvenile is adjudicated delinquent for committing an act that would be punishable as a Class A felony if committed by an adult.

AB3, s. 254 Section 254. 938.78 (3) of the statutes is amended to read:

AB3,91,15 938.78 (3) If a juvenile adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need of protection or services under s. 48.13 (12), 1993 stats., or s. 48.13 (14), 1993 stats., or s. 938.13 (12) or (14) on the basis of a violation of s. 943.23 (1m) or (1r), 1999 stats., or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60, 948.605 or 948.61 or any crime specified in ch. 940 has escaped from a secured correctional facility, child caring institution, secured group home, inpatient facility, as defined in s. 51.01 (10), secure detention facility or juvenile portion of a county jail, or from the custody of a peace officer or a guard of such a facility, institution or jail, or has been allowed to leave a secured correctional facility, child caring institution, secured group home, inpatient facility, secure detention facility or juvenile portion of a county jail for a specified time period and is absent from the facility, institution, home or jail for more than 12 hours after the expiration of the specified period, the department or county department having supervision over the juvenile may release the juvenile's name and any information about the juvenile that is necessary for the protection of the public or to secure the juvenile's return to the facility, institution, home or jail. The department of corrections shall promulgate rules establishing guidelines for the release of the juvenile's name or information about the juvenile to the public.

AB3, s. 255 Section 255. 939.22 (21) (d) of the statutes is amended to read:

AB3,91,18 939.22 (21) (d) Battery, substantial battery or aggravated battery, as prohibited in s. 940.19 or 940.195.

AB3, s. 256 Section 256. 939.30 (1) of the statutes is amended to read:

AB3,91,23 939.30 (1) Except as provided in sub. (2) and ss. 948.35 and s. 961.455, whoever, with intent that a felony be committed, advises another to commit that crime under circumstances that indicate unequivocally that he or she has the intent is guilty of a Class D H felony.

AB3, s. 257 Section 257. 939.30 (2) of the statutes is amended to read:

AB3,92,3 939.30 (2) For a solicitation to commit a crime for which the penalty is life imprisonment, the actor is guilty of a Class C F felony. For a solicitation to commit a Class E I felony, the actor is guilty of a Class E I felony.

AB3, s. 258 Section 258. 939.32 (1) (intro.) of the statutes is amended to read:

AB3,92,8 939.32 (1) Generally. (intro.) Whoever attempts to commit a felony or a crime specified in s. 940.19, 940.195 or 943.20 may be fined or imprisoned or both not to exceed one-half the maximum penalty for the completed crime; as provided under sub. (1g), except:

AB3, s. 259 Section 259. 939.32 (1) (b) of the statutes is repealed.

AB3, s. 260 Section 260. 939.32 (1) (bm) of the statutes is created to read:

AB3,92,13 939.32 (1) (bm) Whoever attempts to commit a Class I felony, other than one to which a penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. or b. is being applied, is guilty of a Class A misdemeanor.

AB3, s. 261 Section 261. 939.32 (1g) of the statutes is created to read:

AB3,92,16 939.32 (1g) Maximum penalty. The maximum penalty for an attempt to commit a crime that is punishable under sub. (1) (intro.) is as follows:

AB3,92,17 (a) The maximum fine is one-half of the maximum fine for the completed crime.

AB3,92,21 (b) 1. If neither s. 939.62 (1) nor 961.48 is being applied, the maximum term of imprisonment is one-half of the maximum term of imprisonment, as increased by any penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. and b., for the completed crime.

AB3,92,23 2. If either s. 939.62 (1) or 961.48 is being applied, the maximum term of imprisonment is determined by the following method:

AB3,93,3 a. Multiplying by one-half the maximum term of imprisonment, as increased by any penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. and b., for the completed crime.

AB3,93,4 b. Applying s. 939.62 (1) or 961.48 to the product obtained under subd. 2. a.

AB3, s. 262 Section 262. 939.32 (1m) of the statutes is created to read:

AB3,93,8 939.32 (1m) Bifurcated sentences. If the court imposes a bifurcated sentence under s. 973.01 (1) for an attempt to commit a crime that is punishable under sub. (1) (intro.), the following requirements apply:

AB3,93,15 (a) Maximum term of confinement for attempt to commit classified felony. 1. Subject to the minimum term of extended supervision required under s. 973.01 (2) (d), if the crime is a classified felony and neither s. 939.62 (1) nor 961.48 is being applied, the maximum term of confinement in prison is one-half of the maximum term of confinement in prison specified in s. 973.01 (2) (b), as increased by any penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. and b., for the classified felony.

AB3,93,19 2. Subject to the minimum term of extended supervision required under s. 973.01 (2) (d), if the crime is a classified felony and either s. 939.62 (1) or 961.48 is being applied, the court shall determine the maximum term of confinement in prison by the following method:

AB3,93,22 a. Multiplying by one-half the maximum term of confinement in prison specified in s. 973.01 (2) (b), as increased by any penalty enhancement statutes listed in s. 973.01 (2) (c) 2. a. and b., for the classified felony.

AB3,93,23 b. Applying s. 939.62 (1) or 961.48 to the product obtained under subd. 2. a.

AB3,94,2 (b) Maximum term of extended supervision for attempt to commit classified felony. The maximum term of extended supervision for an attempt to commit a classified felony is one-half of the maximum term of extended supervision for the completed crime under s. 973.01 (2) (d).

AB3,94,7 (c) Maximum term of confinement for attempt to commit unclassified felony or misdemeanor. The court shall determine the maximum term of confinement in prison for an attempt to commit a crime other than a classified felony by applying s. 973.01 (2) (b) 10. to the maximum term of imprisonment calculated under sub. (1g) (b).

AB3, s. 263 Section 263. 939.32 (2) (title) of the statutes is created to read:

AB3,94,9 939.32 (2) (title) Misdemeanor computer crimes.

AB3, s. 264 Section 264. 939.32 (3) (title) of the statutes is created to read:

AB3,94,11 939.32 (3) (title) Requirements.

AB3, s. 265 Section 265. 939.50 (1) (intro.) of the statutes is amended to read:

AB3,94,14 939.50 (1) (intro.) Except as provided in ss. 946.43 (2m) (a), 946.83 and 946.85, felonies Felonies in chs. 939 to 951 the statutes are classified as follows:

AB3, s. 266 Section 266. 939.50 (1) (bc) of the statutes is repealed.

AB3, s. 267 Section 267. 939.50 (1) (f) of the statutes is created to read:

AB3,94,17 939.50 (1) (f) Class F felony.

AB3, s. 268 Section 268. 939.50 (1) (g) of the statutes is created to read:

AB3,94,19 939.50 (1) (g) Class G felony.

AB3, s. 269 Section 269. 939.50 (1) (h) of the statutes is created to read:

AB3,94,21 939.50 (1) (h) Class H felony.

AB3, s. 270 Section 270. 939.50 (1) (i) of the statutes is created to read:

AB3,94,23 939.50 (1) (i) Class I felony.

AB3, s. 271 Section 271. 939.50 (2) of the statutes is amended to read:

AB3,95,2 939.50 (2) A felony is a Class A, B, BC, C, D or, E, F, G, H, or I felony when it is so specified in chs. 939 to 951 the statutes.

AB3, s. 272 Section 272. 939.50 (3) (bc) of the statutes is repealed.

AB3, s. 273 Section 273. 939.50 (3) (c) of the statutes is amended to read:

AB3,95,6 939.50 (3) (c) For a Class C felony, a fine not to exceed $10,000 $100,000 or imprisonment not to exceed 15 40 years, or both.

AB3, s. 274 Section 274. 939.50 (3) (d) of the statutes is amended to read:

AB3,95,9 939.50 (3) (d) For a Class D felony, a fine not to exceed $10,000 $100,000 or imprisonment not to exceed 10 25 years, or both.

AB3, s. 275 Section 275. 939.50 (3) (e) of the statutes is amended to read:

AB3,95,12 939.50 (3) (e) For a Class E felony, a fine not to exceed $10,000 $50,000 or imprisonment not to exceed 5 15 years, or both.

AB3, s. 276 Section 276. 939.50 (3) (f) of the statutes is created to read:

AB3,95,15 939.50 (3) (f) For a Class F felony, a fine not to exceed $25,000 or imprisonment not to exceed 12 years and 6 months, or both.

AB3, s. 277 Section 277. 939.50 (3) (g) of the statutes is created to read:

AB3,95,18 939.50 (3) (g) For a Class G felony, a fine not to exceed $25,000 or imprisonment not to exceed 10 years, or both.

AB3, s. 278 Section 278. 939.50 (3) (h) of the statutes is created to read:

AB3,95,21 939.50 (3) (h) For a Class H felony, a fine not to exceed $10,000 or imprisonment not to exceed 6 years, or both.

AB3, s. 279 Section 279. 939.50 (3) (i) of the statutes is created to read:

AB3,95,24 939.50 (3) (i) For a Class I felony, a fine not to exceed $10,000 or imprisonment not to exceed 3 years and 6 months, or both.

AB3, s. 280 Section 280. 939.615 (7) (b) 2. of the statutes is amended to read:

AB3,96,2 939.615 (7) (b) 2. Whoever violates par. (a) is guilty of a Class E I felony if the same conduct that violates par. (a) also constitutes a crime that is a felony.

AB3, s. 281 Section 281. 939.615 (7) (c) of the statutes is repealed.

AB3, s. 282 Section 282. 939.62 (1) (a) of the statutes is amended to read:

AB3,96,6 939.62 (1) (a) A maximum term of imprisonment of one year or less may be increased to not more than 3 2 years.

AB3, s. 283 Section 283. 939.62 (1) (b) of the statutes is amended to read:

AB3,96,11 939.62 (1) (b) A maximum term of imprisonment of more than one year but not more than 10 years may be increased by not more than 2 years if the prior convictions were for misdemeanors and by not more than 6 4 years if the prior conviction was for a felony.

AB3, s. 284 Section 284. 939.62 (1) (c) of the statutes is amended to read:

AB3,96,15 939.62 (1) (c) A maximum term of imprisonment of more than 10 years may be increased by not more than 2 years if the prior convictions were for misdemeanors and by not more than 10 6 years if the prior conviction was for a felony.

AB3, s. 285 Section 285. 939.62 (2m) (a) 2m. a. of the statutes is amended to read:

AB3,96,20 939.62 (2m) (a) 2m. a. Any felony under s. 961.41 (1), (1m) or (1x) if the felony is that is a Class A, B, or C felony or, if the felony was committed before the effective date of this subd. 2m. a. .... [revisor inserts date], that is or was punishable by a maximum prison term of 30 years or more.

AB3, s. 286 Section 286. 939.62 (2m) (a) 2m. b. of the statutes is amended to read:

AB3,97,2 939.62 (2m) (a) 2m. b. Any felony under s. 940.09 (1), 1999 stats., s. 943.23 (1m) or (1r), 1999 stats., s. 948.35 (1) (b) or (c), 1999 stats., or s. 948.36, 1999 stats., or s. 940.01, 940.02, 940.03, 940.05, 940.09 (1) (1c), 940.16, 940.19 (5), 940.195 (5), 940.21, 940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 946.43 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.08, or 948.30 (2), 948.35 (1) (b) or (c) or 948.36.

AB3, s. 287 Section 287. 939.622 of the statutes is repealed.