AB3: Bill Text Engrossed

AB3-engrossed, s. 109 Section 109. 146.70 (10) (a) of the statutes is amended to read:

AB3-engrossed,50,19 146.70 (10) (a) Any person who intentionally dials the telephone number "911" to report an emergency, knowing that the fact situation which he or she reports does not exist, shall be fined not less than $50 nor more than $300 or imprisoned not more than 90 days or both for the first offense and 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 for any other offense committed within 4 years after the first offense.

AB3-engrossed, s. 110 Section 110. 154.15 (2) of the statutes is amended to read:

AB3-engrossed,51,2 154.15 (2) Any person who, with the intent to cause a withholding or withdrawal of life-sustaining procedures or feeding tubes contrary to the wishes of the declarant, illegally falsifies or forges the declaration of another or conceals a declaration revoked under s. 154.05 (1) (a) or (b) or any person who intentionally withholds actual knowledge of a revocation under s. 154.05 shall be fined not more than $10,000 or imprisoned for not more than 15 years or both is guilty of a Class F felony.

AB3-engrossed, s. 111 Section 111. 154.29 (2) of the statutes is amended to read:

AB3-engrossed,51,10 154.29 (2) Any person who, with the intent to cause the withholding or withdrawal of resuscitation contrary to the wishes of any patient, falsifies, forges or transfers a do-not-resuscitate bracelet to that patient or conceals the revocation under s. 154.21 of a do-not-resuscitate order or any responsible person who withholds personal knowledge of a revocation under s. 154.21 shall be fined not more than $10,000 or imprisoned for not more than 15 years or both is guilty of a Class F felony.

AB3-engrossed, s. 112 Section 112. 166.20 (11) (b) of the statutes is amended to read:

AB3-engrossed,51,15 166.20 (11) (b) Any person who knowingly and wilfully fails to report the release of a hazardous substance covered under 42 USC 11004 as required under sub. (5) (a) 2. or any rule promulgated under sub. (5) (a) 2. shall is subject to the following penalties:

AB3-engrossed,51,19 1. For the first offense, the person is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not less than $100 nor more than $25,000 or imprisoned for not more than 3 years or both.

AB3-engrossed,51,23 2. For the 2nd and subsequent offenses, the person is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not less than $200 nor more than $50,000 or imprisoned for not more than 3 years or both.

AB3-engrossed, s. 113 Section 113. 167.10 (9) (g) of the statutes is amended to read:

AB3-engrossed,52,3 167.10 (9) (g) Whoever violates sub. (6m) (a), (b) or (c) or a rule promulgated under sub. (6m) (e) may be fined not more than $10,000 or imprisoned for not more than 15 years or both is guilty of a Class G felony.

AB3-engrossed, s. 114 Section 114. 175.20 (3) of the statutes is amended to read:

AB3-engrossed,52,9 175.20 (3) Any person who violates any of the provisions of this section shall may be fined not less than $25 nor more than $1,000 and $10,000 or may be imprisoned for not less than 30 days nor more than 2 years 9 months or both. In addition, the court may revoke the license or licenses of the person or persons convicted.

AB3-engrossed, s. 115 Section 115. 180.0129 (2) of the statutes is amended to read:

AB3-engrossed,52,12 180.0129 (2) Whoever violates this section may be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class I felony.

AB3-engrossed, s. 116 Section 116. 181.0129 (2) of the statutes is amended to read:

AB3-engrossed,52,16 181.0129 (2) Penalty. Whoever violates this section may be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class I felony.

AB3-engrossed, s. 117 Section 117. 185.825 of the statutes is amended to read:

AB3-engrossed,52,21 185.825 Penalty for false document. Whoever causes a document to be filed, knowing it to be false in any material respect, may be fined not more than $1,000 or imprisoned for not more than 4 years and 6 months or both is guilty of a Class I felony.

AB3-engrossed, s. 118 Section 118. 201.09 (2) of the statutes is amended to read:

AB3-engrossed,53,4 201.09 (2) Every director, president, secretary or other official or agent of any public service corporation, who shall practice fraud or knowingly make any false statement to secure a certificate of authority to issue any security, or issue under a certificate so obtained and with knowledge of such fraud, or false statement, or negotiate, or cause to be negotiated, any security, in violation of this chapter, shall be fined not less than $500 or imprisoned for not less than one year nor more than 15 years or both is guilty of a Class I felony.

AB3-engrossed, s. 119 Section 119. 214.93 of the statutes is amended to read:

AB3-engrossed,53,10 214.93 False statements. A person may not knowingly make, cause, or allow another person to make or cause to be made, a false statement, under oath if required by this chapter or on any report or statement required by the division or by this chapter. In addition to any forfeiture under s. 214.935, a person who violates this section may be imprisoned for not more than 30 years is guilty of a Class F felony.

AB3-engrossed, s. 120 Section 120. 215.02 (6) (b) of the statutes is amended to read:

AB3-engrossed,53,21 215.02 (6) (b) If any person mentioned in par. (a) discloses the name of any debtor of any association or any information about the private account or transactions of such association, discloses any fact obtained in the course of any examination of any association, or discloses examination or other confidential information obtained from any state or federal regulatory authority, including an authority of this state or another state, for financial institutions, mortgage bankers, insurance or securities, except as provided in par. (a), he or she is guilty of a Class I felony and shall forfeit his or her office or position and may be fined not less than $100 nor more than $1,000 or imprisoned for not less than 6 months nor more than 3 years or both.

AB3-engrossed, s. 121 Section 121. 215.12 of the statutes is amended to read:

AB3-engrossed,54,8 215.12 Penalty for dishonest acts; falsification of records. Every officer, director, employee or agent of any association who steals, abstracts, or wilfully misapplies any property of the association, whether owned by it or held in trust, or who, without authority, issues or puts forth any certificate of savings accounts, assigns any note, bond, mortgage, judgment or decree, or, who makes any false entry in any book, record, report or statement of the association with intent to injure or defraud the association or any person or corporation, or to deceive any officer or director of the association, or any other person, or any agent appointed to examine the affairs of such association, or any person who, with like intent, aids or abets any officer, director, employee or agent in the violation of this section, shall be imprisoned in the Wisconsin state prisons for not more than 30 years is guilty of a Class F felony.

AB3-engrossed, s. 122 Section 122. 215.21 (21) of the statutes is amended to read:

AB3-engrossed,54,20 215.21 (21) Penalty for giving or accepting money for loans. Every officer, director, employee or agent of any association, or any appraiser making appraisals for any association, who accepts or receives, or offers or agrees to accept or receive anything of value in consideration of its loaning any money to any person; or any person who offers, gives, presents or agrees to give or present anything of value to any officer, director, employee or agent of any association or to any appraiser making appraisals for any association in consideration of its loaning money to the person, shall be fined not more than $10,000 or imprisoned in the Wisconsin state prisons for not more than 3 years or both is guilty of a Class I felony. Nothing in this subsection prohibits an association from employing an officer, employee or agent to solicit mortgage loans and to pay the officer, employee or agent on a fee basis.

AB3-engrossed, s. 123 Section 123. 218.21 (7) of the statutes is amended to read:

AB3-engrossed,54,25 218.21 (7) Any person who knowingly makes a false statement in an application for a motor vehicle salvage dealer license may be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

AB3-engrossed, s. 124 Section 124. 220.06 (2) of the statutes is amended to read:

AB3-engrossed,55,9 220.06 (2) If any employee in the division or any member of the banking review board or any employee thereof discloses the name of any debtor of any bank or licensee, or anything relative to the private account or transactions of such bank or licensee, or any fact obtained in the course of any examination of any bank or licensee, except as herein provided, that person is guilty of a Class I felony and shall be subject, upon conviction, to forfeiture of office or position and may be fined not less than $100 nor more than $1,000 or imprisoned for not less than 6 months nor more than 3 years or both.

AB3-engrossed, s. 125 Section 125. 221.0625 (2) (intro.) of the statutes is amended to read:

AB3-engrossed,55,13 221.0625 (2) Penalty. (intro.) An officer or director of a bank who, in violation of this section, directly or indirectly does any of the following may be imprisoned for not more than 15 years is guilty of a Class F felony:

AB3-engrossed, s. 126 Section 126. 221.0636 (2) of the statutes is amended to read:

AB3-engrossed,55,16 221.0636 (2) Penalty. Any person who violates sub. (1) may be imprisoned for not more than 30 years is guilty of a Class H felony.

AB3-engrossed, s. 127 Section 127. 221.0637 (2) of the statutes is amended to read:

AB3-engrossed,55,20 221.0637 (2) Penalties. Any person who violates sub. (1) may be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class I felony.

AB3-engrossed, s. 128 Section 128. 221.1004 (2) of the statutes is amended to read:

AB3-engrossed,55,24 221.1004 (2) Penalties. Any person who violates sub. (1) may be fined not less than $1,000 nor more than $5,000 or imprisoned for not less than one year nor more than 15 years or both is guilty of a Class F felony.

AB3-engrossed, s. 129 Section 129. 227.01 (13) (sm) of the statutes is created to read:

AB3-engrossed,56,1 227.01 (13) (sm) Establishes sentencing guidelines under s. 973.30 (1) (c).

AB3-engrossed, s. 130 Section 130. 230.08 (2) (L) 6. of the statutes is created to read:

AB3-engrossed,56,3 230.08 (2) (L) 6. Sentencing commission.

AB3-engrossed, s. 131 Section 131. 230.08 (2) (of) of the statutes is created to read:

AB3-engrossed,56,5 230.08 (2) (of) The executive director of the sentencing commission.

AB3-engrossed, s. 132 Section 132. 253.06 (4) (b) of the statutes is amended to read:

AB3-engrossed,56,11 253.06 (4) (b) A person who violates any provision of this subsection may be fined not more than $10,000 or imprisoned for not more than 3 years, or both, is guilty of a Class I felony for the first offense and 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 for the 2nd or subsequent offense.

AB3-engrossed, s. 133 Section 133. 285.87 (2) (b) of the statutes is amended to read:

AB3-engrossed,56,17 285.87 (2) (b) If the conviction under par. (a) is for a violation committed after another conviction under par. (a), the person shall is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not more than $50,000 per day of violation or imprisoned for not more than 3 years or both.

AB3-engrossed, s. 134 Section 134. 291.97 (2) (b) (intro.) of the statutes is amended to read:

AB3-engrossed,56,22 291.97 (2) (b) (intro.) Any person who wilfully does any of the following shall 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 less than $1,000 nor more than $100,000 or imprisoned for not more than 7 years and 6 months or both:

AB3-engrossed, s. 135 Section 135. 291.97 (2) (c) 1. and 2. of the statutes are amended to read:

AB3-engrossed,57,2 291.97 (2) (c) 1. For a 2nd or subsequent violation under par. (a), a person shall is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not less than $1,000 nor more than $50,000 or imprisoned for not more than 2 years or both.

AB3-engrossed,57,6 2. For a 2nd or subsequent violation under par. (b), a person shall is guilty of a Class F felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (f), the person may be fined not less than $5,000 nor more than $150,000 or imprisoned for not more than 15 years or both.

AB3-engrossed, s. 136 Section 136. 299.53 (4) (c) 2. of the statutes is amended to read:

AB3-engrossed,57,13 299.53 (4) (c) 2. Any person who intentionally makes any false statement or representation in complying with sub. (2) (a) shall be fined not more than $25,000 or imprisoned for not more than one year in the county jail or both. For a 2nd or subsequent violation, the person shall is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not more than $50,000 or imprisoned for not more than 3 years or both.

AB3-engrossed, s. 137 Section 137. 301.035 (2) of the statutes is amended to read:

AB3-engrossed,57,17 301.035 (2) Assign hearing examiners from the division to preside over hearings under ss. 302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10 and 975.10 (2) and ch. 304.

AB3-engrossed, s. 138 Section 138. 301.035 (4) of the statutes is amended to read:

AB3-engrossed,57,22 301.035 (4) Supervise employees in the conduct of the activities of the division and be the administrative reviewing authority for decisions of the division under ss. 302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10, 973.155 (2) and 975.10 (2) and ch. 304.

AB3-engrossed, s. 139 Section 139. 301.048 (2) (bm) 1. a. of the statutes is amended to read:

AB3-engrossed,58,7 301.048 (2) (bm) 1. a. A crime specified in s. 940.19 (3), 1999 stats., s. 940.195 (3), 1999 stats., s. 943.23 (1m), 1999 stats., or s. 943.23 (1r), 1999 stats., or s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (3), (4) or (5), 940.195 (3), (4) or (5), 940.20, 940.201, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.285 (2) (a) 1. or 2., 940.29, 940.295 (3) (b) 1g., 1m., 1r., 2., or 3., 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.30, 943.32, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07, 948.08, or 948.30.

AB3-engrossed, s. 140 Section 140. 301.26 (4) (cm) 1. of the statutes is amended to read:

AB3-engrossed,58,22 301.26 (4) (cm) 1. Notwithstanding pars. (a), (b) and (bm), the department shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing secured correctional facilities, secured child caring institutions, alternate care providers, aftercare supervision providers and corrective sanctions supervision providers for costs incurred beginning on July 1, 1996, for the care of any juvenile 14 years of age or over who has been placed in a secured correctional facility based on a delinquent act that is a violation of s. 943.23 (1m) or (1r), 1999 stats., s. 948.35, 1999 stats., or s. 948.36, 1999 stats., or 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 and for the care of any juvenile 10 years of age or over who has been placed in a secured correctional facility or secured child caring institution for attempting or committing a violation of s. 940.01 or for committing a violation of s. 940.02 or 940.05.

AB3-engrossed, s. 141 Section 141. 301.45 (6) (a) 2. of the statutes is amended to read:

AB3-engrossed,59,4 301.45 (6) (a) 2. For a 2nd or subsequent offense, the person may be fined not more than $10,000 or imprisoned for not more than 5 years or both is guilty of a Class H felony. For purposes of this subdivision, an offense is a 2nd or subsequent offense if, prior to committing the offense, the person has at any time been convicted of knowingly failing to comply with any requirement to provide information under subs. (2) to (4).

AB3-engrossed, s. 142 Section 142. 302.045 (3) of the statutes is amended to read:

AB3-engrossed,59,13 302.045 (3) Parole eligibility. Except as provided in sub. (4), if the department determines that an inmate serving a sentence other than one imposed under s. 973.01 has successfully completed the challenge incarceration program, the parole commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served, unless the person is serving a sentence imposed under s. 973.01. When the parole commission grants parole under this subsection, it must require the parolee to participate in an intensive supervision program for drug abusers as a condition of parole.

AB3-engrossed, s. 143 Section 143. 302.095 (2) of the statutes is amended to read:

AB3-engrossed,59,25 302.095 (2) Any officer or other person who delivers or procures to be delivered or has in his or her possession with intent to deliver to any inmate confined in a jail or state prison, or who deposits or conceals in or about a jail or prison, or the precincts of a jail or prison, or in any vehicle going into the premises belonging to a jail or prison, any article or thing whatever, with intent that any inmate confined in the jail or prison shall obtain or receive the same, or who receives from any inmate any article or thing whatever with intent to convey the same out of a jail or prison, contrary to the rules or regulations and without the knowledge or permission of the sheriff or other keeper of the jail, in the case of a jail, or of the warden or superintendent of the prison, in the case of a prison, shall be imprisoned for not more than 3 years or fined not more than $500 is guilty of a Class I felony.

AB3-engrossed, s. 144 Section 144. 302.11 (1g) (a) 2. of the statutes is amended to read:

AB3-engrossed,60,7 302.11 (1g) (a) 2. Any felony under s. 940.09 (1), 1999 stats., s. 943.23 (1m), 1999 stats., s. 948.35 (1) (b) or (c), 1999 stats., or s. 948.36, 1999 stats., or s. 940.02, 940.03, 940.05, 940.09 (1) (1c), 940.19 (5), 940.195 (5), 940.21, 940.225 (1) or (2), 940.305 (2), 940.31 (1) or (2) (b), 943.02, 943.10 (2), 943.23 (1g) or (1m), 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-engrossed, s. 145 Section 145. 302.11 (1p) of the statutes is amended to read:

AB3-engrossed,60,12 302.11 (1p) An inmate serving a term subject to s. 961.49 (2), 1999 stats., for a crime committed before December 31, 1999, is entitled to mandatory release, except the inmate may not be released before he or she has complied with s. 961.49 (2), 1999 stats.

AB3-engrossed, s. 146 Section 146. 302.11 (1z) of the statutes is amended to read:

AB3-engrossed,60,17 302.11 (1z) An inmate who is sentenced to a term of confinement in prison under s. 973.01 for a felony that is committed on or after December 31, 1999, is not entitled under this section to mandatory release on parole under this section that sentence.

AB3-engrossed, s. 147 Section 147. 302.11 (3) of the statutes is amended to read:

AB3-engrossed,60,20 302.11 (3) All consecutive sentences imposed for crimes committed before December 31, 1999, shall be computed as one continuous sentence.

AB3-engrossed, s. 148 Section 148. 302.11 (7) (a) of the statutes is renumbered 302.11 (7) (am) and amended to read:

AB3-engrossed,61,5 302.11 (7) (am) The division of hearings and appeals in the department of administration, upon proper notice and hearing, or the department of corrections, if the parolee waives a hearing, reviewing authority may return a parolee released under sub. (1) or (1g) (b) or s. 304.02 or 304.06 (1) to prison for a period up to the remainder of the sentence for a violation of the conditions of parole. The remainder of the sentence is the entire sentence, less time served in custody prior to parole. The revocation order shall provide the parolee with credit in accordance with ss. 304.072 and 973.155.

AB3-engrossed, s. 149 Section 149. 302.11 (7) (ag) of the statutes is created to read:

AB3-engrossed,61,9 302.11 (7) (ag) In this subsection "reviewing authority" means the division of hearings and appeals in the department of administration, upon proper notice and hearing, or the department of corrections, if the parolee waives a hearing.

AB3-engrossed, s. 150 Section 150. 302.11 (7) (b) of the statutes is amended to read:

AB3-engrossed,61,18 302.11 (7) (b) A parolee returned to prison for violation of the conditions of parole shall be incarcerated for the entire period of time determined by the department of corrections in the case of a waiver or the division of hearings and appeals in the department of administration in the case of a hearing under par. (a), reviewing authority unless paroled earlier under par. (c). The parolee is not subject to mandatory release under sub. (1) or presumptive mandatory release under sub. (1g). The period of time determined under par. (a) (am) may be extended in accordance with subs. (1q) and (2).

AB3-engrossed, s. 151 Section 151. 302.11 (7) (d) of the statutes is amended to read:

AB3-engrossed,61,25 302.11 (7) (d) A parolee who is subsequently released either after service of the period of time determined by the department of corrections in the case of a waiver or the division of hearings and appeals in the department of administration in the case of a hearing under par. (a) reviewing authority or by a grant of parole under par. (c) is subject to all conditions and rules of parole until expiration of sentence or discharge by the department.