AB3-engrossed,183,6
1961.573
(3) No person may use, or possess with the primary intent to use, drug
2paraphernalia to manufacture, compound, convert, produce, process, prepare, test,
3analyze, pack, repack or store methamphetamine or a controlled substance analog
4of methamphetamine in violation of this chapter. Any person who violates this
5subsection
may be fined not more than $10,000 or imprisoned for not more than 5
6years or both is guilty of a Class H felony.
AB3-engrossed,183,148
961.574
(3) No person may deliver, possess with intent to deliver, or
9manufacture with intent to deliver, drug paraphernalia, knowing that it will be
10primarily used to manufacture, compound, convert, produce, process, prepare, test,
11analyze, pack, repack or store methamphetamine or a controlled substance analog
12of methamphetamine in violation of this chapter. Any person who violates this
13subsection
may be fined not more than $10,000 or imprisoned for not more than 5
14years or both is guilty of a Class H felony.
AB3-engrossed,183,1916
961.575
(3) Any person 17 years of age or over who violates s. 961.574 (3) by
17delivering drug paraphernalia to a person 17 years of age or under
may be fined not
18more than $50,000 or imprisoned for not more than 10 years or both
is guilty of a
19Class G felony.
AB3-engrossed,184,221
967.04
(9) In any criminal prosecution or juvenile fact-finding hearing under
22s. 48.31 or 938.31, the court may admit into evidence a videotaped deposition taken
23under subs. (7) and (8) without an additional hearing under s. 908.08. In any
24proceeding under s.
302.113 (9) (am), 302.114 (9) (am), 304.06 (3)
, or 973.10 (2), the
25hearing examiner may order and preside at the taking of a videotaped deposition
1using the procedure provided in subs. (7) and (8) and may admit the videotaped
2deposition into evidence without an additional hearing under s. 908.08.
AB3-engrossed,184,54
968.255
(1) (a) 2. Arrested for any misdemeanor under s. 167.30, 940.19, 941.20
5(1), 941.23, 941.237, 941.24, 948.60,
948.605 (2) (a) or 948.61.
AB3-engrossed,184,107
968.31
(1) (intro.) Except as otherwise specifically provided in ss. 196.63 or
8968.28 to 968.30, whoever commits any of the acts enumerated in this section
may
9be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months
10or both is guilty of a Class H felony:
AB3-engrossed,184,1312
968.34
(3) Whoever knowingly violates sub. (1)
shall may be fined not more
13than $10,000 or imprisoned for not more than
2 years
9 months or both.
AB3-engrossed,184,1715
968.43
(3) Any person who violates an oath or affirmation required by sub. (2)
16may be imprisoned for not more than 7 years and 6 months is guilty of a Class H
17felony.
AB3-engrossed,184,2119
969.08
(10) (a) "Commission of a serious crime" includes a solicitation,
20conspiracy or attempt, under
s. 948.35, 1999 stats., or s. 939.30, 939.31,
or 939.32
or
21948.35, to commit a serious crime.
AB3-engrossed,185,523
969.08
(10) (b) "Serious crime" means any crime specified in
s. 943.23 (1m),
241999 stats., or s. 943.23 (1r), 1999 stats., or s. 346.62 (4), 940.01, 940.02, 940.03,
25940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5), 940.195 (5), 940.20, 940.201,
1940.203, 940.21, 940.225 (1) to (3), 940.23, 940.24, 940.25, 940.29, 940.295 (3) (b) 1g.,
21m., 1r., 2. or 3., 940.31, 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c),
3943.011, 943.013, 943.02, 943.03, 943.04, 943.06, 943.10, 943.23 (1g),
(1m) or (1r), 4943.30, 943.32, 946.01, 946.02, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03,
5948.04, 948.05, 948.06, 948.07 or 948.30.
AB3-engrossed, s. 780
6Section
780. 971.17 (1) of the statutes is renumbered 971.17 (1) (a) and
7amended to read:
AB3-engrossed,185,188
971.17
(1) (a)
Felonies committed before the effective date of this paragraph ....
9[revisor inserts date]. When Except as provided in par. (c), when a defendant is found
10not guilty by reason of mental disease or mental defect
of a felony committed before
11the effective date of this paragraph .... [revisor inserts date], the court shall commit
12the person to the department of health and family services for a specified period not
13exceeding two-thirds of the maximum term of imprisonment that could be imposed
14under s. 973.15 (2) (a) against an offender convicted of the same
crime or crimes 15felony, including imprisonment authorized by
ss. 346.65 (2) (f), (2j) (d) or (3m),
16939.62, 939.621, 939.63, 939.635, 939.64, 939.641, 939.645, 940.09 (1b), 940.25 (1b)
17and 961.48 and other any applicable penalty enhancement statutes,
as applicable, 18subject to the credit provisions of s. 973.155.
AB3-engrossed,185,22
19(c) Felonies punishable by life imprisonment. If
the maximum term of
20imprisonment is a defendant is found not guilty by reason of mental disease or
21mental defect of a felony that is punishable by life
imprisonment, the commitment
22period specified by the court may be life, subject to termination under sub. (5).
AB3-engrossed,186,724
971.17
(1) (b)
Felonies committed on or after the effective date of this paragraph
25.... [revisor inserts date]. Except as provided in par. (c), when a defendant is found
1not guilty by reason of mental disease or mental defect of a felony committed on or
2after the effective date of this paragraph .... [revisor inserts date], the court shall
3commit the person to the department of health and family services for a specified
4period not exceeding the maximum term of confinement in prison that could be
5imposed on an offender convicted of the same felony, plus imprisonment authorized
6by any applicable penalty enhancement statutes, subject to the credit provisions of
7s. 973.155.
AB3-engrossed,186,159
971.17
(1) (d)
Misdemeanors. When a defendant is found not guilty by reason
10of mental disease or mental defect of a misdemeanor, the court shall commit the
11person to the department of health and family services for a specified period not
12exceeding two-thirds of the maximum term of imprisonment that could be imposed
13against an offender convicted of the same misdemeanor, including imprisonment
14authorized by any applicable penalty enhancement statutes, subject to the credit
15provisions of s. 973.155.
AB3-engrossed,186,2017
971.365
(1) (a) In any case under
s. 961.41 (1) (em), 1999 stats., or s. 961.41 (1)
18(cm), (d), (e),
(em), (f), (g) or (h) involving more than one violation, all violations may
19be prosecuted as a single crime if the violations were pursuant to a single intent and
20design.
AB3-engrossed,186,2522
971.365
(1) (b) In any case under
s. 961.41 (1m) (em), 1999 stats., or s. 961.41
23(1m) (cm), (d), (e),
(em), (f), (g) or (h) involving more than one violation, all violations
24may be prosecuted as a single crime if the violations were pursuant to a single intent
25and design.
AB3-engrossed,187,52
971.365
(1) (c) In any case under
s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41
3(3g) (dm), 1999 stats., or s. 961.41 (3g)
(a) 2.
(am), (c), (d),
(dm) or (e) involving more
4than one violation, all violations may be prosecuted as a single crime if the violations
5were pursuant to a single intent and design.
AB3-engrossed,187,127
971.365
(2) An acquittal or conviction under sub. (1) does not bar a subsequent
8prosecution for any acts in violation of
s. 961.41 (1) (em), 1999 stats., s. 961.41 (1m)
9(em), 1999 stats., s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats.,
10or s. 961.41 (1) (cm), (d), (e),
(em), (f), (g)
, or (h), (1m) (cm), (d), (e),
(em), (f), (g)
, or (h)
11or (3g)
(a) 2. (am), (c), (d),
(dm) or (e) on which no evidence was received at the trial
12on the original charge.
AB3-engrossed,187,1814
972.15
(2c) If the defendant is
subject to being sentenced under s. 973.01 and
15he or she satisfies the criteria under s. 302.045 (2) (b) and (c), the person preparing
16the presentence investigation report shall include in the report a recommendation
17as to whether the defendant should be eligible for the challenge incarceration
18program under s. 302.045.
AB3-engrossed,187,2520
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.
AB3-engrossed,188,82
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:
AB3-engrossed,188,1510
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.
AB3-engrossed,188,2117
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:
AB3-engrossed,188,2524
973.01
(2) (b) 3. For a Class C felony, the term of confinement in prison may
25not exceed
10 25 years.
AB3-engrossed,189,32
973.01
(2) (b) 4. For a Class D felony, the term of confinement in prison may
3not exceed
5 15 years.
AB3-engrossed,189,65
973.01
(2) (b) 5. For a Class E felony, the term of confinement in prison may
6not exceed
2 10 years.
AB3-engrossed, s. 796
7Section
796. 973.01 (2) (b) 6. of the statutes is renumbered 973.01 (2) (b) 10.
8(intro.) and amended to read:
AB3-engrossed,189,119
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
.:
AB3-engrossed,189,1413
973.01
(2) (b) 6m. For a Class F felony, the term of confinement in prison may
14not exceed 7 years and 6 months.
AB3-engrossed,189,1716
973.01
(2) (b) 7. For a Class G felony, the term of confinement in prison may
17not exceed 5 years.
AB3-engrossed,189,2019
973.01
(2) (b) 8. For a Class H felony, the term of confinement in prison may
20not exceed 3 years.
AB3-engrossed,189,2322
973.01
(2) (b) 9. For a Class I felony, the term of confinement in prison may not
23exceed one year and 6 months.
AB3-engrossed,189,2525
973.01
(2) (b) 10. a. A felony specified in subds. 1. to 9.
AB3-engrossed,190,2
1b. An attempt to commit a classified felony if the attempt is punishable under
2s. 939.32 (1) (intro.).
AB3-engrossed, s. 802
3Section
802. 973.01 (2) (c) of the statutes is renumbered 973.01 (2) (c) 1. and
4amended to read:
AB3-engrossed,190,105
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.
AB3-engrossed,190,1412
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:
AB3-engrossed,190,1515
a. Sections 939.621, 939.632, 939.645, 961.46, and 961.49.
AB3-engrossed,190,1616
b. Section 939.63.
AB3-engrossed,190,1717
c. Section 939.62 (1) or 961.48.
AB3-engrossed, s. 804
18Section
804. 973.01 (2) (d) of the statutes is renumbered 973.01 (2) (d) (intro.)
19and amended to read:
AB3-engrossed,190,2420
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:
AB3-engrossed,191,2
1973.01
(2) (d) 1. For a Class B felony, the term of extended supervision may not
2exceed 20 years.
AB3-engrossed,191,43
2. For a Class C felony, the term of extended supervision may not exceed 15
4years.
AB3-engrossed,191,65
3. For a Class D felony, the term of extended supervision may not exceed 10
6years.
AB3-engrossed,191,87
4. For a Class E, F, or G felony, the term of extended supervision may not exceed
85 years.
AB3-engrossed,191,109
5. For a Class H felony, the term of extended supervision may not exceed 3
10years.
AB3-engrossed,191,1111
6. For a Class I felony, the term of extended supervision may not exceed 2 years.
AB3-engrossed,191,1713
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).
AB3-engrossed,191,2119
973.01
(5) Other extended supervision conditions. Whenever the court
20imposes a bifurcated sentence under sub. (1), the court may impose conditions upon
21the term of extended supervision
, including drug treatment under s. 973.031.
AB3-engrossed,191,2423
973.01
(6) No parole. A person serving a bifurcated sentence imposed under
24sub. (1) is not eligible for release on parole
under that sentence.
AB3-engrossed,192,6
1973.0135
(1) (b) 2. Any felony under
s. 940.09 (1), 1999 stats., s. 943.23 (1m)
2or (1r), 1999 stats., s. 948.35 (1) (b) or (c), 1999 stats., or s. 948.36, 1999 stats., s.
3940.01, 940.02, 940.03, 940.05, 940.09
(1) (1c), 940.16, 940.19 (5), 940.195 (5), 940.21,
4940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g),
5(1m) or (1r), 943.32 (2), 946.43 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c),
6948.05, 948.06, 948.07, 948.08,
or 948.30 (2)
, 948.35 (1) (b) or (c) or 948.36.