SB328: Bill Text

SB328,25,5 939.22 (7) "Crime punishable by death or life imprisonment" means a crime for which one or more of the possible penalties is death or life imprisonment.

SB328, s. 21 Section 21. 939.22 (18m) of the statutes is created to read:

SB328,25,11 939.22 (18m) "Intent to terrorize" means intent to influence the policy of a governmental unit by intimidation or coercion, to punish a governmental unit for a prior policy decision, to affect the conduct of a governmental unit by homicide or kidnapping, or to intimidate or coerce a civilian population. In this subsection, "governmental unit" has the meaning given in s. 939.648 (1).

SB328, s. 22 Section 22. 939.30 (1) of the statutes is amended to read:

SB328,25,16 939.30 (1) Except as provided in sub. (2) and ss. 947.09, 948.35, and 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 felony.

SB328, s. 23 Section 23. 939.30 (2) of the statutes is amended to read:

SB328,25,20 939.30 (2) For a solicitation to commit a crime for which the penalty is that is punishable by death or life imprisonment, the actor is guilty of a Class C felony. For a solicitation to commit a Class E felony, the actor is guilty of a Class E felony.

SB328, s. 24 Section 24. 939.31 of the statutes is amended to read:

SB328,26,3 939.31 Conspiracy. Except as provided in ss. 940.43 (4), 940.45 (4), and 961.41 (1x), whoever, with intent that a crime be committed, agrees or combines with another for the purpose of committing that crime may, if one or more of the parties to the conspiracy does do an act to effect its object, be fined or imprisoned or both not to exceed the maximum provided for the completed crime; except that for a conspiracy to commit a crime for which the penalty is that is punishable by death or life imprisonment, the actor is guilty of a Class B felony.

SB328, s. 25 Section 25. 939.32 (1) (a) of the statutes is amended to read:

SB328,26,6 939.32 (1) (a) Whoever attempts to commit a crime for which the penalty is that is punishable by death or life imprisonment is guilty of a Class B felony.

SB328, s. 26 Section 26. 939.60 of the statutes is amended to read:

SB328,26,10 939.60 Felony and misdemeanor defined. A crime that is punishable by death or imprisonment in the Wisconsin state prisons is a felony. Every other crime is a misdemeanor.

SB328, s. 27 Section 27. 939.62 (2m) (c) of the statutes is amended to read:

SB328,26,15 939.62 (2m) (c) If the actor is a persistent repeater and the actor is not sentenced to death under s. 973.0145, the term of imprisonment for the felony for which the persistent repeater presently is being sentenced under ch. 973 is life imprisonment without the possibility of parole or extended supervision.

SB328, s. 28 Section 28. 939.624 (2) of the statutes is amended to read:

SB328,26,22 939.624 (2) If a person has one or more prior convictions for a serious violent crime or a crime punishable by death or life imprisonment and subsequently commits a serious violent crime, the court shall sentence the person to not less than 5 years' imprisonment, but otherwise the penalties for the crime apply, subject to any applicable penalty enhancement. The court shall not place the defendant on probation.

SB328, s. 29 Section 29. 939.625 (1) (b) 2. of the statutes is amended to read:

SB328,27,3 939.625 (1) (b) 2. If the maximum term of imprisonment for a felony is more than 5 years or is a life term or the felony is punishable by death, the maximum term of imprisonment for the felony may be increased by not more than 5 years.

SB328, s. 30 Section 30. 939.63 (1) (a) 2. of the statutes is amended to read:

SB328,27,7 939.63 (1) (a) 2. If the maximum term of imprisonment for a felony is more than 5 years or is a life term or the felony is punishable by death, the maximum term of imprisonment for the felony may be increased by not more than 5 years.

SB328, s. 31 Section 31. 939.648 (2) (b) 1. of the statutes is amended to read:

SB328,27,11 939.648 (2) (b) 1. The person causes bodily harm, great bodily harm, or death to another during commission of the felony or while in immediate flight after commission of the felony.

SB328, s. 32 Section 32. 939.648 (2) (c) of the statutes is amended to read:

SB328,27,16 939.648 (2) (c) Commits the felony with the intent to influence the policy of a governmental unit or by intimidation or coercion, to punish a governmental unit for a prior policy decision, to affect the conduct of a governmental unit by homicide or kidnapping, or to intimidate or coerce a civilian population.

SB328, s. 33 Section 33. 939.648 (3) of the statutes is renumbered 939.648 (3) (a) and amended to read:

SB328,27,22 939.648 (3) (a) The Except as provided in par. (b), the maximum fine prescribed by law for the felony may be increased by not more than $50,000 and the maximum period of imprisonment prescribed by law for the felony may be increased by not more than 10 years.

SB328, s. 34 Section 34. 939.648 (3) (b) of the statutes is created to read:

SB328,28,2 939.648 (3) (b) If the underlying felony is first-degree intentional homicide under s. 940.01 and the person is 18 years of age or older when he or she commits the felony, the person may be sentenced to death or life imprisonment as determined under s. 973.0145.

SB328, s. 35 Section 35. 939.648 (3m) of the statutes is created to read:

SB328,28,6 939.648 (3m) The state must declare its intention to seek a sentence of death under sub. (3) (b) before arraignment or acceptance of a plea, or else is barred from seeking a sentence of death.

SB328, s. 36 Section 36. 941.23 of the statutes is renumbered 941.23 (1) and amended to read:

SB328,28,11 941.23 (1) Any person except a peace officer or an individual holding a valid license issued under s. 85.57 who goes armed with a concealed and dangerous weapon is guilty of a Class A misdemeanor.

SB328, s. 37 Section 37. 941.23 (2) of the statutes is created to read:

SB328,28,17 941.23 (2) An individual formerly licensed under s. 85.57 whose license has been revoked under s. 175.50 (14) (a) may not assert his or her refusal to accept or failure to receive a notice of revocation mailed under s. 175.50 (14) (b) as a defense to prosecution under sub. (1), regardless of whether the person has complied with s. 175.50 (12).

SB328, s. 38 Section 38. 941.235 (2) of the statutes is amended to read:

SB328,28,24 941.235 (2) This section does not apply to peace officers or armed forces or military personnel who go armed in the line of duty, to any individual holding a valid license issued under s. 85.57 who is carrying a concealed weapon as permitted under s. 175.50, or to any person duly authorized by the chief of police of any city, village or town, the chief of the capitol police or the sheriff of any county to possess a firearm in any building under sub. (1).

SB328, s. 39 Section 39. 941.237 (3) (cg) of the statutes is created to read:

SB328,29,2 941.237 (3) (cg) Any individual holding a valid license issued under s. 85.57 who is carrying a concealed weapon as permitted under s. 175.50.

SB328, s. 40 Section 40. 941.295 (2) (bm) of the statutes is created to read:

SB328,29,4 941.295 (2) (bm) Any individual holding a valid license issued under s. 85.57.

SB328, s. 41 Section 41. 946.32 (3) of the statutes is created to read:

SB328,29,7 946.32 (3) This section does not apply to offenses that may be prosecuted under s. 175.50 (17) (b).

SB328, s. 42 Section 42. 946.47 (1) (intro.) of the statutes is amended to read:

SB328,29,10 946.47 (1) (intro.) Whoever Except as provided in sub. (1m), whoever does either of the following is guilty of a Class E felony:

SB328, s. 43 Section 43. 946.47 (1m) of the statutes is created to read:

SB328,29,15 946.47 (1m) (a) If the felon under sub. (1), with intent to terrorize, committed a felony that satisfies s. 939.648 (2) (a) and (b) or committed an act outside this state that would be a felony that satisfies s. 939.648 (2) (a) and (b) if committed in this state, the person who violates sub. (1) is guilty of a Class C felony.

SB328,29,20 (b) If the felon under sub. (1), with intent to terrorize, committed a felony that satisfies s. 939.648 (2) (a) and (b) or committed an act outside this state that would be a felony that satisfies s. 939.648 (2) (a) and (b) if committed in this state, and the felony or act resulted in the death of another, the person who violates sub. (1) is guilty of a Class BC felony.

SB328, s. 44 Section 44. 946.82 (4) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

SB328,30,11 946.82 (4) "Racketeering activity" means any activity specified in 18 USC 1961 (1) in effect as of April 27, 1982 or the attempt, conspiracy to commit, or commission of any of the felonies specified in: chs. 945 and 961 and ss. 49.49, 134.05, 139.44 (1), 180.0129, 181.0129, 185.825, 201.09 (2), 215.12, 221.0625, 221.0636, 221.0637, 221.1004, 551.41, 551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (3) to (6), 940.20, 940.201, 940.203, 940.21, 940.30, 940.305, 940.31, 941.20 (2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 943.01 (2), (2d), or (2g), 943.011, 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (c) and (d), 943.201, 943.23 (1g), (1m), (1r), (2) and (3), 943.24 (2), 943.25, 943.27, 943.28, 943.30, 943.32, 943.34 (1) (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (c), 943.60, 943.70, 943.76, 944.205, 944.21 (5) (c) and (e), 944.32, 944.33 (2), 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11, 946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76, 947.015 947.07, 948.05, 948.08, 948.12, and 948.30.

SB328, s. 45 Section 45. 947.015 of the statutes is repealed.

SB328, s. 46 Section 46. 947.07 of the statutes is created to read:

SB328,30,15 947.07 Threatening use of weapon of mass destruction. (1) In this section:

SB328,30,18 (a) "Destructive device" means a bomb, a grenade, a rocket having a propellant charge of more than 4 ounces, a missile having an explosive or incendiary charge of more than one-quarter ounce, a mine, or a similar explosive device.

SB328,30,21 (b) "Harmful substance" means radioactive material that is dangerous to human life, a toxic or poisonous chemical or precursor of a toxic or poisonous chemical, or a disease organism.

SB328,30,25 (2) Whoever intentionally threatens to use a destructive device or a harmful substance to harm another or to destroy property, if the threat induces a reasonable expectation or fear that the destructive device or harmful substance will be used to harm another or to destroy property, is guilty of a Class E felony.

SB328, s. 47 Section 47. 947.08 of the statutes is created to read:

SB328,31,5 947.08 Terrorism threat. Whoever, with intent to terrorize, makes or conveys a threat to commit a felony that satisfies s. 939.648 (2) (a) and (b), if the threat induces a reasonable expectation or fear that the felony will be committed, is guilty of a Class D felony.

SB328, s. 48 Section 48. 947.09 of the statutes is created to read:

SB328,31,12 947.09 Solicitation of a terrorist act. (1) Whoever, with intent to terrorize and with intent that a felony that satisfies s. 939.648 (2) (a) and (b), or an act that would be a felony that satisfies s. 939.648 (2) (a) and (b) if committed in this state, be committed, advises another to commit that felony or act under circumstances that indicate unequivocally that he or she has the intent that the felony or act be committed may be penalized as provided under sub. (2).

SB328,31,14 (2) A person who violates sub. (1) is guilty of a Class D felony unless one of the following applies:

SB328,31,16 (a) If the act solicited under sub. (1) would be punishable by death or life imprisonment if committed in this state, the person is guilty of a Class C felony.

SB328,31,18 (b) If the act solicited under sub. (1) would be a Class E felony if committed in this state, the person is guilty of a Class E felony.

SB328,31,20 (3) A person may not be convicted under both s. 939.30 and this section for the same act.

SB328, s. 49 Section 49. 947.10 of the statutes is created to read:

SB328,32,2 947.10 Providing or requesting support for terrorist act. (1) In this section, "material support or resources" means currency or other financial securities, financial services, lodging, training, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials.

SB328,32,10 (2) Any person who provides, asks another to provide, or collects material support or resources with the intent that the material support or resources be used to plan, commit, conceal, or flee after committing a felony that satisfies s. 939.648 (2) (a) and (b), or an act that would be a felony that satisfies s. 939.648 (2) (a) and (b) if committed in this state, if the person intends that the felony or act terrorize, is guilty of a Class D felony, if the value of the material support or resources provided, requested, or collected does not exceed $1,000, and is guilty of a Class C felony if the value exceeds $1,000.

SB328,32,12 (3) A person may not be convicted under both this section and any of the following for the same act:

SB328,32,13 (a) Under s. 939.30 for solicitation.

SB328,32,14 (b) Under s. 939.31 for conspiracy.

SB328,32,15 (c) Under s. 939.32 for attempt.

SB328,32,16 (d) Under s. 939.05 as a party to a crime.

SB328, s. 50 Section 50. 948.605 (2) (b) 4m. of the statutes is created to read:

SB328,32,19 948.605 (2) (b) 4m. By an individual holding a valid license issued under s. 85.57 who is carrying a concealed weapon as permitted under s. 175.50;

SB328, s. 51 Section 51. 961.335 (1m) of the statutes is created to read:

SB328,32,24 961.335 (1m) Notwithstanding sub. (1), upon the application of the secretary of corrections for a permit to obtain a controlled substance for purposes of an execution under s. 973.017, the controlled substances board shall issue a permit under this section.

SB328, s. 52 Section 52. 967.02 (1m) of the statutes is created to read:

SB328,33,2 967.02 (1m) "Crime punishable by death or life imprisonment" has the meaning given in s. 939.22 (7).

SB328, s. 53 Section 53. 969.08 (10) (b) of the statutes is amended to read:

SB328,33,11 969.08 (10) (b) "Serious crime" means any crime specified in s. 346.62 (4), 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5), 940.195 (5), 940.20, 940.201, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.24, 940.25, 940.29, 940.295 (3) (b) 1g., 1m., 1r., 2. or 3., 940.31, 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.03, 943.04, 943.06, 943.10, 943.23 (1g), (1m) or (1r), 943.30, 943.32, 946.01, 946.02, 946.43, 947.015 947.07, 947.08, 947.09, 947.10, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07 or 948.30.

SB328, s. 54 Section 54. 971.17 (1) of the statutes is amended to read:

SB328,33,23 971.17 (1) Commitment period. When a defendant is found not guilty by reason of mental disease or mental defect, the court shall commit the person to the department of health and family services for a specified period not exceeding two-thirds of the maximum term of imprisonment that could be imposed under s. 973.15 (2) (a) against an offender convicted of the same crime or crimes, including imprisonment authorized by ss. 346.65 (2) (f), (2j) (d), or (3m), 939.62, 939.621, 939.63, 939.635, 939.64, 939.641, 939.645, 940.09 (1b), 940.25 (1b) , and 961.48 and other penalty enhancement statutes, as applicable, subject to the credit provisions of s. 973.155. If the maximum term of imprisonment is crime is punishable by death or life imprisonment, the commitment period specified by the court may be life, subject to termination under sub. (5).

SB328, s. 55 Section 55. 972.03 of the statutes is amended to read:

SB328,34,17 972.03 Peremptory challenges. Each side is entitled to only 4 peremptory challenges except as otherwise provided in this section. When the crime charged is punishable by death or life imprisonment, the state is entitled to 6 peremptory challenges and the defendant is entitled to 6 peremptory challenges. If there is more than one defendant, the court shall divide the challenges as equally as practicable among them; and if their defenses are adverse and the court is satisfied that the protection of their rights so requires, the court may allow the defendants additional challenges. If the crime is punishable by death or life imprisonment, the total peremptory challenges allowed the defense shall not exceed 12 if there are only 2 defendants and 18 if there are more than 2 defendants; in other felony cases 6 challenges if there are only 2 defendants and 9 challenges if there are more than 2. In misdemeanor cases, the state is entitled to 3 peremptory challenges and the defendant is entitled to 3 peremptory challenges, except that if there are 2 defendants, the court shall allow the defense 4 peremptory challenges, and, if there are more than 2 defendants, the court shall allow the defense 6 peremptory challenges. Each side shall be allowed one additional peremptory challenge if additional jurors are to be selected under s. 972.04 (1).

SB328, s. 56 Section 56. 972.13 (6) of the statutes is amended to read:

SB328,34,19 972.13 (6) The following forms may be used for judgments:

SB328,34,20 STATE OF WISCONSIN

SB328,34,21 .... County

SB328,34,22 In.... Court