SB44,1031,75
940.25
(1) (e) Causes great bodily harm to an unborn child by the operation of
6a commercial motor vehicle while the person has an alcohol concentration of 0.04 or
7more but less than
0.1 0.08.
SB44, s. 2738
8Section
2738. 945.06 of the statutes is amended to read:
SB44,1031,23
9945.06 Public utilities to cease service. When any public utility, common
10carrier, contract carrier, or railroad, subject to the jurisdiction of the public service
11commission
, office of the commissioner of railroads or department of transportation
12of this state, is notified in writing by a federal, state or local law enforcement agency,
13acting within its jurisdiction, that any facility furnished by it is being used or will be
14used for the purpose of transmitting or receiving gambling information in violation
15of the laws of this state it shall discontinue or refuse the leasing, furnishing or
16maintaining of such facility, after reasonable notice to the subscriber, but no
17damages, penalty or forfeiture, civil or criminal, shall be found against any such
18public utility, common carrier, contract carrier or railroad, for any act done in
19compliance with any notice received from a law enforcement agency under this
20section. Nothing in this section shall be deemed to prejudice the right of any person
21affected thereby to secure an appropriate determination as otherwise provided by
22law in any court or tribunal or agency, that such facility should not be discontinued
23or removed, or should be restored.
SB44, s. 2739
24Section
2739. 949.02 of the statutes is amended to read:
SB44,1032,5
1949.02 Administration. The department shall administer this chapter. The
2department shall appoint a program director to assist in administering this chapter.
3The department shall promulgate rules for the implementation and operation of this
4chapter. The rules shall include procedures to ensure that any limitation of an award
5under s. 949.06 (5) (e) is calculated in a fair and equitable manner.
SB44, s. 2740
6Section
2740. 949.06 (5) of the statutes is repealed.
SB44, s. 2741
7Section
2741. 949.08 (2) (em) of the statutes is amended to read:
SB44,1032,148
949.08
(2) (em) Is an adult passenger in the offender's commercial motor
9vehicle and the crime involved is specified in s. 346.63 (6) or 940.25 and the passenger
10knew the offender was under the influence of an intoxicant, a controlled substance,
11a controlled substance analog or any combination of an intoxicant, controlled
12substance and controlled substance analog, or had an alcohol concentration of 0.04
13or more but less than
0.1 0.08. This paragraph does not apply if the victim is also a
14victim of a crime specified in s. 940.30, 940.305, 940.31
, or 948.30.
SB44, s. 2742
15Section
2742. 949.15 (1) of the statutes is amended to read:
SB44,1033,216
949.15
(1) Whenever the department orders the payment of an award under
17this chapter as a result of the occurrence of an event that creates a cause of action
18on the part of a claimant against any person, the department is subrogated to the
19rights of the claimant and may bring an action against the person for the amount of
20the damages sustained by the claimant. If an amount greater than that paid under
21the award order is recovered and collected in any such action, the department shall
22pay the balance to the claimant. If the person responsible for the injury or death has
23previously made restitution payments
to the general fund under s. 973.20
(9) (b), any
24judgment obtained by the department under this section shall be reduced by the
1amount of the restitution payments
to the general fund that the person made under
2s. 973.20 (9) (b).
SB44, s. 2743
3Section
2743. 961.01 (20g) of the statutes is amended to read:
SB44,1033,54
961.01
(20g) "Public housing project" means any housing project or
5development administered by a housing authority, as defined in s.
16.30 560.9801 (2).
SB44, s. 2744
6Section
2744. 961.41 (5) (b) of the statutes is amended to read:
SB44,1033,107
961.41
(5) (b) The clerk of the court shall collect and transmit the amount to
8the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then
9make payment to the
state treasurer secretary of administration as provided in s.
1059.25 (3) (f) 2.
SB44, s. 2745
11Section
2745. 961.41 (5) (c) of the statutes is amended to read:
SB44,1033,1412
961.41
(5) (c) All moneys collected from drug surcharges shall be deposited by
13the
state treasurer secretary of administration in and utilized in accordance with s.
1420.435 (6) (gb).
SB44, s. 2746
15Section
2746. 967.03 of the statutes is repealed.
SB44, s. 2747
16Section
2747. 971.14 (2) (am) of the statutes is amended to read:
SB44,1034,617
971.14
(2) (am) Notwithstanding par. (a), if the court orders the defendant to
18be examined by the department or a department facility, the department shall
19determine where the examination will be conducted, who will conduct the
20examination and whether the examination will be conducted on an inpatient or
21outpatient basis.
The department's responsibility for conducting examinations is
22limited to inpatient examinations and those outpatient examinations that are for
23defendants in custody in jail or in a locked unit of a facility. Any such outpatient
24examination shall be conducted in a jail or a locked unit of a facility. In any case
25under this paragraph in which the department determines that an inpatient
1examination is necessary, the 15-day period under par. (c) begins upon the arrival
2of the defendant at the inpatient facility. If an outpatient examination is begun by
3or through the department, and the department later determines that an inpatient
4examination is necessary, the sheriff shall transport the defendant to the inpatient
5facility designated by the department, unless the defendant has been released on
6bail.
SB44, s. 2748
7Section
2748. 972.15 (2b) of the statutes is created to read:
SB44,1034,128
972.15
(2b) If the defendant is subject to being sentenced under s. 973.01 and
9he or she satisfies the criteria under s. 302.05 (3) (a) 1., the person preparing the
10presentence investigation report shall include in the report a recommendation as to
11whether the defendant should be eligible to participate in the earned release
12program under s. 302.05 (3).
SB44, s. 2749
13Section
2749. 973.01 (3g) of the statutes is created to read:
SB44,1034,2014
973.01
(3g) Earned release program eligibility. When imposing a bifurcated
15sentence under this section on a person convicted of a crime other than a crime
16specified in ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.055, 948.06, 948.07,
17948.075, 948.08, or 948.095, the court shall, as part of the exercise of its sentencing
18discretion, decide whether the person being sentenced is eligible or ineligible to
19participate in the earned release program under s. 302.05 (3) during the term of
20confinement in prison portion of the bifurcated sentence.
SB44, s. 2750
21Section
2750. 973.01 (4) of the statutes is amended to read:
SB44,1035,222
973.01
(4) No good time; extension or reduction of term of imprisonment. A
23person sentenced to a bifurcated sentence under sub. (1) shall serve the term of
24confinement in prison portion of the sentence without reduction for good behavior.
25The term of confinement in prison portion is subject to extension under s. 302.113 (3)
1and, if applicable, to reduction under s. 302.045 (3m),
302.05 (3) (c) 2. a., 302.113 (9g),
2or 973.195 (1r).
SB44, s. 2751
3Section
2751. 973.01 (8) (ag) of the statutes is created to read:
SB44,1035,64
973.01
(8) (ag) If the court provides under sub. (3g) that the person is eligible
5to participate in the earned release program under s. 302.05 (3), the court shall also
6inform the person of the provisions of s. 302.05 (3) (c).
SB44, s. 2752
7Section
2752. 973.015 of the statutes is amended to read:
SB44,1035,16
8973.015 Misdemeanors, special disposition. (1) When a person is under
9the age of 21 at the time of the commission of an offense for which the person has been
10found guilty in a court for violation of a law for which the maximum penalty is
11imprisonment for one year or less in the county jail, the court may order at the time
12of sentencing that the record be expunged upon successful completion of the sentence
13if the court determines the person will benefit and society will not be harmed by this
14disposition.
This subsection does not apply to information maintained by the
15department of transportation regarding a conviction that is required to be included
16in a record kept under s. 343.23 (2) (a).
SB44,1035,20
19973.017 (title)
Bifurcated sentences; use Use of guidelines;
20consideration of aggravating and mitigating factors.
SB44,1035,2423
973.017
(1) Definition. (intro.) In this section, "sentencing decision" means
24the following:
SB44,1036,5
1(a) With respect to a crime for which the court may impose a bifurcated sentence
2under s. 973.01, a decision as to whether to impose a bifurcated sentence under s.
3973.01 or place a person on probation and a decision as to the length of a bifurcated
4sentence, including the length of each component of the bifurcated sentence, the
5amount of a fine, and the length of a term of probation.
SB44, s. 2755
6Section
2755. 973.017 (1) (b) of the statutes is created to read:
SB44,1036,97
973.017
(1) (b) With respect to any other crime, a decision as to whether to
8impose a jail sentence or place a person on probation and a decision as to the length
9of a jail sentence, the amount of a fine, and the length of a term of probation.
SB44,1036,1912
973.017
(2g) Use of advisory guidelines. If the offense is a felony When a court
13makes a sentencing decision concerning a person convicted of a felony committed on
14or after February 1, 2003, the court shall consider the sentencing guidelines adopted
15by the sentencing commission under s. 973.30 or, if the sentencing commission has
16not adopted a guideline for the offense, any applicable temporary sentencing
17guideline adopted by the criminal penalties study committee created under
1997
18Wisconsin Act 283.
This subsection does not apply if the sentencing commission has
19adopted mandatory sentencing guidelines for the felony under s. 973.31.
SB44, s. 2757
20Section
2757. 973.017 (2r) of the statutes is created to read:
SB44,1037,221
973.017
(2r) Use of mandatory guidelines. If the sentencing commission has
22adopted mandatory sentencing guidelines for a crime under s. 973.31, the court,
23when making a sentencing decision concerning a person convicted of that crime,
24shall impose a sentence of the kind and within the range described in the applicable
25sentencing guideline unless the court finds that there is an aggravating or mitigating
1factor that warrants the imposition of a different kind of sentence or a sentence
2outside of the range described in the guideline.
SB44,1037,135
973.017
(10) Use of advisory guidelines; no right to or basis for appeal. The
6requirement under sub.
(2) (a) (2g) that a court consider sentencing guidelines
7adopted by the sentencing commission or the criminal penalties study committee
8does not require a court to make a sentencing decision that is within any range or
9consistent with a recommendation specified in the guidelines, and there is no right
10to appeal a court's sentencing decision based on the court's decision to depart in any
11way from any guideline.
This subsection does not apply to a sentencing decision that
12is made in connection with a crime for which the sentencing commission has adopted
13mandatory sentencing guidelines under s. 973.31.
SB44, s. 2759
14Section
2759. 973.045 (2) of the statutes is amended to read:
SB44,1037,1815
973.045
(2) After the clerk determines the amount due, the clerk of court shall
16collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The
17county treasurer shall then make payment to the
state treasurer secretary of
18administration under s. 59.25 (3) (f) 2.
SB44, s. 2760
19Section
2760. 973.045 (3) (a) (intro.) of the statutes is amended to read:
SB44,1037,2420
973.045
(3) (a) (intro.) The clerk shall record the crime victim and witness
21surcharge in 2 parts. Part A is the portion that the
state treasurer secretary of
22administration shall credit to the appropriation account under s. 20.455 (5) (g) and
23part B is the portion that the
state treasurer secretary of administration shall credit
24to the appropriation account under s. 20.455 (5) (gc), as follows:
SB44, s. 2761
25Section
2761. 973.045 (4) of the statutes is amended to read:
SB44,1038,5
1973.045
(4) If an inmate in a state prison or a person sentenced to a state prison
2has not paid the crime victim and witness assistance surcharge under this section,
3the department shall assess and collect the amount owed from the inmate's wages
4or other moneys. Any amount collected shall be transmitted to the
state treasurer 5secretary of administration.
SB44, s. 2762
6Section
2762. 973.046 (2) of the statutes is amended to read:
SB44,1038,107
973.046
(2) After the clerk of court determines the amount due, the clerk shall
8collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The
9county treasurer shall then make payment to the
state treasurer secretary of
10administration under s. 59.25 (3) (f) 2.
SB44, s. 2763
11Section
2763. 973.046 (3) of the statutes is amended to read:
SB44,1038,1412
973.046
(3) All moneys collected from deoxyribonucleic acid analysis
13surcharges shall be deposited by the
state treasurer
secretary of administration as
14specified in s. 20.455 (2) (Lm) and utilized under s. 165.77.
SB44, s. 2764
15Section
2764. 973.046 (4) of the statutes is amended to read:
SB44,1038,2016
973.046
(4) If an inmate in a state prison or a person sentenced to a state prison
17has not paid the deoxyribonucleic acid analysis surcharge under this section, the
18department shall assess and collect the amount owed from the inmate's wages or
19other moneys. Any amount collected shall be transmitted to the
state treasurer 20secretary of administration.
SB44, s. 2765
21Section
2765. 973.055 (2) (a) of the statutes is amended to read:
SB44,1039,222
973.055
(2) (a) If the assessment is imposed by a court of record, after the court
23determines the amount due, the clerk of the court shall collect and transmit the
24amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer
1shall then make payment to the
state treasurer secretary of administration as
2provided in s. 59.25 (3) (f) 2.
SB44, s. 2766
3Section
2766. 973.055 (2) (b) of the statutes is amended to read:
SB44,1039,84
973.055
(2) (b) If the assessment is imposed by a municipal court, after a
5determination by the court of the amount due, the court shall collect and transmit
6the amount to the treasurer of the county, city, town, or village, and that treasurer
7shall make payment to the
state treasurer secretary of administration as provided
8in s. 66.0114 (1) (bm).
SB44, s. 2767
9Section
2767. 973.055 (3) of the statutes is amended to read:
SB44,1039,1210
973.055
(3) All moneys collected from domestic abuse assessments shall be
11deposited by the
state treasurer secretary of administration in s. 20.435 (3) (hh) and
12utilized in accordance with s. 46.95.
SB44, s. 2768
13Section
2768. 973.09 (3) (bm) 1. of the statutes is amended to read:
SB44,1039,1714
973.09
(3) (bm) 1. At least 90 days before the expiration date of a probationer's
15period of probation, the department may notify the sentencing court and the district
16attorney that a probationer owes unpaid fees to the department under s.
304.073 or 17304.074.
SB44, s. 2769
18Section
2769. 973.09 (3) (bm) 3. of the statutes is amended to read:
SB44,1039,2419
973.09
(3) (bm) 3. At a probation review hearing under subd. 2., the department
20has the burden of proving that the probationer owes unpaid fees under s.
304.073 or 21304.074 and the amount of the unpaid fees. If the department proves by a
22preponderance of the evidence that the probationer owes unpaid fees under s.
23304.073 or 304.074, the court may, by order, extend the period of probation for a
24stated period or modify the terms and conditions of probation.
SB44, s. 2770
25Section
2770. 973.09 (3) (c) 1. of the statutes is amended to read:
SB44,1040,2
1973.09
(3) (c) 1. The probationer has not made a good faith effort to discharge
2court-ordered payment obligations or to pay fees owed under s.
304.073 or 304.074.
SB44, s. 2771
3Section
2771. 973.11 (1) (intro.) of the statutes is amended to read:
SB44,1040,164
973.11
(1) Placements. (intro.) If a person is convicted of or pleads guilty or
5no contest to one or more misdemeanors for which mandatory periods of
6imprisonment are not required, if the chief judge of the judicial administrative
7district has approved a volunteers in probation program established in the
8applicable county, and if the court decides that volunteer supervision under the
9program will likely benefit the person and the community and subject to the
10limitations under sub. (3), the court may withhold sentence or judgment of conviction
11and order that the person be placed with that volunteers in probation program.
A
12person's participation in the program may not be used to conceal, withhold, or mask
13information regarding the judgment of conviction if the conviction is required to be
14included in a record kept under s. 343.23 (2) (a). Except as provided in sub. (3), the
15order shall provide any conditions that the court determines are reasonable and
16appropriate and may include, but need not be limited to, one or more of the following:
SB44, s. 2772
17Section
2772. 973.20 (9) (b) of the statutes is amended to read:
SB44,1041,418
973.20
(9) (b) When
a court orders a defendant to pay restitution
is ordered 19under this section, the court shall inquire to see if an award has been made under
20ch. 949 and if the department of justice is subrogated to the cause of action under s.
21949.15. If the
restitution defendant is ordered
to pay restitution in an amount that 22is less than or equal to the award under ch. 949, the
defendant shall pay the 23restitution
shall be paid only to the
general fund department of justice and the
24restitution payments shall be credited to the appropriation account under s. 20.455
25(5) (hm). If the
restitution defendant is ordered
to pay restitution in an amount that
1is greater than the award under ch. 949, the
general fund shall receive defendant
2shall pay the department of justice an amount equal to the award under ch. 949
,
3which amount shall be credited to the appropriation account under s. 20.455 (5) (hm), 4and the
defendant shall pay the balance
shall be paid to the victim.
SB44, s. 2773
5Section
2773. 973.30 (1) (c) of the statutes is amended to read:
SB44,1041,106
973.30
(1) (c) Adopt
and, as necessary, update advisory sentencing guidelines
7for felonies committed on or after July 30, 2002, to promote public safety
in a
8cost-effective manner, to
reflect changes promote consistency in sentencing
9practices
, and to preserve the integrity of the criminal justice and correctional
10systems.
SB44, s. 2774
11Section
2774. 973.30 (1) (cm) of the statutes is created to read:
SB44,1041,1312
973.30
(1) (cm) Develop advisory guidelines regarding the appropriate use of
13alternatives to incarceration.
SB44, s. 2775
14Section
2775. 973.31 of the statutes is created to read:
SB44,1041,16
15973.31 Mandatory sentencing guidelines.
(1) In this section,
16"commission" means the sentencing commission.
SB44,1041,23
17(2) If the commission determines in the report required under 2003 Wisconsin
18Act .... (this act), section 9110 (1
) that temporary sentencing guidelines adopted by
19the criminal penalties study committee created under
1997 Wisconsin Act 283 are
20not adequately promoting the objectives listed in s. 973.30 (1) (c), the commission
21shall adopt mandatory guidelines for sentencing decisions, as defined in s. 973.017
22(1), for felonies and misdemeanors for which a court may impose a bifurcated
23sentence.
SB44,1042,4
24(3) When adopting a mandatory sentencing guideline for a crime, the
25commission, subject to sub. (4), shall assign suggested ranges of punishment to
1promote the objectives listed in s. 973.30 (1) (c). The ranges of punishment shall be
2based upon the combination of offense and defendant characteristics in each case.
3The commission may also include any of the following as part of a mandatory
4sentencing guideline:
SB44,1042,55
(a) Conditions of extended supervision or probation to be imposed.
SB44,1042,86
(b) The length of a term of imprisonment to be imposed if, after the court
7withholds a sentence and places a defendant on probation, the court revokes
8probation.
SB44,1042,109
(c) Whether penalties should be imposed concurrently or consecutively if the
10defendant is convicted of more than one crime.
SB44,1042,13
11(4) The commission may not adopt a mandatory sentencing guideline for a
12crime that calls for a range of punishment that conflicts with any provision of the
13statutes relating to penalties for that crime.
SB44,1042,21
14(5) In general, in developing mandatory sentencing guidelines, the commission
15shall begin with crimes that result in the greatest number of bifurcated sentences
16being imposed. In general, the commission shall develop mandatory sentencing
17guidelines for Class G to I felonies, unclassified felonies, and misdemeanors for
18which a court may impose a bifurcated sentence before developing them for Class B
19to F felonies. Beginning with the crimes that are committed most frequently, the
20commission shall develop mandatory sentencing guidelines for crimes based on the
21frequency with which they are committed.
SB44, s. 2776
22Section
2776. 977.01 of the statutes is renumbered 977.01 (intro.) and
23amended to read:
SB44,1042,25
24977.01 Definitions. (intro.) In this chapter, unless the context requires
25otherwise
, "board":
SB44,1043,1
1(1) "Board" means the public defender board.
SB44, s. 2777
2Section
2777. 977.01 (2) of the statutes, as affected by 2003 Wisconsin Act ....
3(this act), is amended to read:
SB44,1043,84
977.01
(2) "Public assistance" means relief provided by counties under s. 59.53
5(21), Wisconsin works under ss. 49.141 to 49.161, medical assistance under subch.
6IV of ch. 49, low-income energy assistance under s.
16.385 16.27, weatherization
7assistance under s.
16.39 16.26, and the food stamp program under
7 USC 2011 to
82029.