SB44: Bill Text

SB44, s. 2738 Section 2738. 945.06 of the statutes is amended to read:

SB44,1031,23 945.06 Public utilities to cease service. When any public utility, common carrier, contract carrier, or railroad, subject to the jurisdiction of the public service commission, office of the commissioner of railroads or department of transportation of this state, is notified in writing by a federal, state or local law enforcement agency, acting within its jurisdiction, that any facility furnished by it is being used or will be used for the purpose of transmitting or receiving gambling information in violation of the laws of this state it shall discontinue or refuse the leasing, furnishing or maintaining of such facility, after reasonable notice to the subscriber, but no damages, penalty or forfeiture, civil or criminal, shall be found against any such public utility, common carrier, contract carrier or railroad, for any act done in compliance with any notice received from a law enforcement agency under this section. Nothing in this section shall be deemed to prejudice the right of any person affected thereby to secure an appropriate determination as otherwise provided by law in any court or tribunal or agency, that such facility should not be discontinued or removed, or should be restored.

SB44, s. 2739 Section 2739. 949.02 of the statutes is amended to read:

SB44,1032,5 949.02 Administration. The department shall administer this chapter. The department shall appoint a program director to assist in administering this chapter. The department shall promulgate rules for the implementation and operation of this chapter. The rules shall include procedures to ensure that any limitation of an award under s. 949.06 (5) (e) is calculated in a fair and equitable manner.

SB44, s. 2740 Section 2740. 949.06 (5) of the statutes is repealed.

SB44, s. 2741 Section 2741. 949.08 (2) (em) of the statutes is amended to read:

SB44,1032,14 949.08 (2) (em) Is an adult passenger in the offender's commercial motor vehicle and the crime involved is specified in s. 346.63 (6) or 940.25 and the passenger knew the offender was under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog, or had an alcohol concentration of 0.04 or more but less than 0.1 0.08. This paragraph does not apply if the victim is also a victim of a crime specified in s. 940.30, 940.305, 940.31, or 948.30.

SB44, s. 2742 Section 2742. 949.15 (1) of the statutes is amended to read:

SB44,1033,2 949.15 (1) Whenever the department orders the payment of an award under this chapter as a result of the occurrence of an event that creates a cause of action on the part of a claimant against any person, the department is subrogated to the rights of the claimant and may bring an action against the person for the amount of the damages sustained by the claimant. If an amount greater than that paid under the award order is recovered and collected in any such action, the department shall pay the balance to the claimant. If the person responsible for the injury or death has previously made restitution payments to the general fund under s. 973.20 (9) (b), any judgment obtained by the department under this section shall be reduced by the amount of the restitution payments to the general fund that the person made under s. 973.20 (9) (b).

SB44, s. 2743 Section 2743. 961.01 (20g) of the statutes is amended to read:

SB44,1033,5 961.01 (20g) "Public housing project" means any housing project or development administered by a housing authority, as defined in s. 16.30 560.9801 (2).

SB44, s. 2744 Section 2744. 961.41 (5) (b) of the statutes is amended to read:

SB44,1033,10 961.41 (5) (b) The clerk of the court shall collect and transmit the amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2.

SB44, s. 2745 Section 2745. 961.41 (5) (c) of the statutes is amended to read:

SB44,1033,14 961.41 (5) (c) All moneys collected from drug surcharges shall be deposited by the state treasurer secretary of administration in and utilized in accordance with s. 20.435 (6) (gb).

SB44, s. 2746 Section 2746. 967.03 of the statutes is repealed.

SB44, s. 2747 Section 2747. 971.14 (2) (am) of the statutes is amended to read:

SB44,1034,6 971.14 (2) (am) Notwithstanding par. (a), if the court orders the defendant to be examined by the department or a department facility, the department shall determine where the examination will be conducted, who will conduct the examination and whether the examination will be conducted on an inpatient or outpatient basis. The department's responsibility for conducting examinations is limited to inpatient examinations and those outpatient examinations that are for defendants in custody in jail or in a locked unit of a facility. Any such outpatient examination shall be conducted in a jail or a locked unit of a facility. In any case under this paragraph in which the department determines that an inpatient examination is necessary, the 15-day period under par. (c) begins upon the arrival of the defendant at the inpatient facility. If an outpatient examination is begun by or through the department, and the department later determines that an inpatient examination is necessary, the sheriff shall transport the defendant to the inpatient facility designated by the department, unless the defendant has been released on bail.

SB44, s. 2748 Section 2748. 972.15 (2b) of the statutes is created to read:

SB44,1034,12 972.15 (2b) If the defendant is subject to being sentenced under s. 973.01 and he or she satisfies the criteria under s. 302.05 (3) (a) 1., the person preparing the presentence investigation report shall include in the report a recommendation as to whether the defendant should be eligible to participate in the earned release program under s. 302.05 (3).

SB44, s. 2749 Section 2749. 973.01 (3g) of the statutes is created to read:

SB44,1034,20 973.01 (3g) Earned release program eligibility. When imposing a bifurcated sentence under this section on a person convicted of a crime other than a crime specified in ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.055, 948.06, 948.07, 948.075, 948.08, or 948.095, the court shall, as part of the exercise of its sentencing discretion, decide whether the person being sentenced is eligible or ineligible to participate in the earned release program under s. 302.05 (3) during the term of confinement in prison portion of the bifurcated sentence.

SB44, s. 2750 Section 2750. 973.01 (4) of the statutes is amended to read:

SB44,1035,2 973.01 (4) No good time; extension or reduction of term of imprisonment. A person sentenced to a bifurcated sentence under sub. (1) shall serve the term of confinement in prison portion of the sentence without reduction for good behavior. The term of confinement in prison portion is subject to extension under s. 302.113 (3) and, if applicable, to reduction under s. 302.045 (3m), 302.05 (3) (c) 2. a., 302.113 (9g), or 973.195 (1r).

SB44, s. 2751 Section 2751. 973.01 (8) (ag) of the statutes is created to read:

SB44,1035,6 973.01 (8) (ag) If the court provides under sub. (3g) that the person is eligible to participate in the earned release program under s. 302.05 (3), the court shall also inform the person of the provisions of s. 302.05 (3) (c).

SB44, s. 2752 Section 2752. 973.015 of the statutes is amended to read:

SB44,1035,16 973.015 Misdemeanors, special disposition. (1) When a person is under the age of 21 at the time of the commission of an offense for which the person has been found guilty in a court for violation of a law for which the maximum penalty is imprisonment for one year or less in the county jail, the court may order at the time of sentencing that the record be expunged upon successful completion of the sentence if the court determines the person will benefit and society will not be harmed by this disposition. This subsection does not apply to information maintained by the department of transportation regarding a conviction that is required to be included in a record kept under s. 343.23 (2) (a).

SB44, s. 2753 Section 2753. 973.017 (title) of the statutes, as created by 2001 Wisconsin Act 109, is amended to read:

SB44,1035,20 973.017 (title) Bifurcated sentences; use Use of guidelines; consideration of aggravating and mitigating factors.

SB44, s. 2754 Section 2754. 973.017 (1) of the statutes, as created by 2001 Wisconsin Act 109, is renumbered 973.017 (1) (intro.) and amended to read:

SB44,1035,24 973.017 (1) Definition. (intro.) In this section, "sentencing decision" means the following:

SB44,1036,5 (a) With respect to a crime for which the court may impose a bifurcated sentence under s. 973.01, a decision as to whether to impose a bifurcated sentence under s. 973.01 or place a person on probation and a decision as to the length of a bifurcated sentence, including the length of each component of the bifurcated sentence, the amount of a fine, and the length of a term of probation.

SB44, s. 2755 Section 2755. 973.017 (1) (b) of the statutes is created to read:

SB44,1036,9 973.017 (1) (b) With respect to any other crime, a decision as to whether to impose a jail sentence or place a person on probation and a decision as to the length of a jail sentence, the amount of a fine, and the length of a term of probation.

SB44, s. 2756 Section 2756. 973.017 (2) (a) of the statutes, as created by 2001 Wisconsin Act 109, is renumbered 973.017 (2g) and amended to read:

SB44,1036,19 973.017 (2g) Use of advisory guidelines. If the offense is a felony When a court makes a sentencing decision concerning a person convicted of a felony committed on or after February 1, 2003, the court shall consider the sentencing guidelines adopted by the sentencing commission under s. 973.30 or, if the sentencing commission has not adopted a guideline for the offense, any applicable temporary sentencing guideline adopted by the criminal penalties study committee created under 1997 Wisconsin Act 283. This subsection does not apply if the sentencing commission has adopted mandatory sentencing guidelines for the felony under s. 973.31.

SB44, s. 2757 Section 2757. 973.017 (2r) of the statutes is created to read:

SB44,1037,2 973.017 (2r) Use of mandatory guidelines. If the sentencing commission has adopted mandatory sentencing guidelines for a crime under s. 973.31, the court, when making a sentencing decision concerning a person convicted of that crime, shall impose a sentence of the kind and within the range described in the applicable sentencing guideline unless the court finds that there is an aggravating or mitigating factor that warrants the imposition of a different kind of sentence or a sentence outside of the range described in the guideline.

SB44, s. 2758 Section 2758. 973.017 (10) of the statutes, as created by 2001 Wisconsin Act 109, is amended to read:

SB44,1037,13 973.017 (10) Use of advisory guidelines; no right to or basis for appeal. The requirement under sub. (2) (a) (2g) that a court consider sentencing guidelines adopted by the sentencing commission or the criminal penalties study committee does not require a court to make a sentencing decision that is within any range or consistent with a recommendation specified in the guidelines, and there is no right to appeal a court's sentencing decision based on the court's decision to depart in any way from any guideline. This subsection does not apply to a sentencing decision that is made in connection with a crime for which the sentencing commission has adopted mandatory sentencing guidelines under s. 973.31.

SB44, s. 2759 Section 2759. 973.045 (2) of the statutes is amended to read:

SB44,1037,18 973.045 (2) After the clerk determines the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration under s. 59.25 (3) (f) 2.

SB44, s. 2760 Section 2760. 973.045 (3) (a) (intro.) of the statutes is amended to read:

SB44,1037,24 973.045 (3) (a) (intro.) The clerk shall record the crime victim and witness surcharge in 2 parts. Part A is the portion that the state treasurer secretary of administration shall credit to the appropriation account under s. 20.455 (5) (g) and part B is the portion that the state treasurer secretary of administration shall credit to the appropriation account under s. 20.455 (5) (gc), as follows:

SB44, s. 2761 Section 2761. 973.045 (4) of the statutes is amended to read:

SB44,1038,5 973.045 (4) If an inmate in a state prison or a person sentenced to a state prison has not paid the crime victim and witness assistance surcharge under this section, the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the state treasurer secretary of administration.

SB44, s. 2762 Section 2762. 973.046 (2) of the statutes is amended to read:

SB44,1038,10 973.046 (2) After the clerk of court determines the amount due, the clerk shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration under s. 59.25 (3) (f) 2.

SB44, s. 2763 Section 2763. 973.046 (3) of the statutes is amended to read:

SB44,1038,14 973.046 (3) All moneys collected from deoxyribonucleic acid analysis surcharges shall be deposited by the state treasurer secretary of administration as specified in s. 20.455 (2) (Lm) and utilized under s. 165.77.

SB44, s. 2764 Section 2764. 973.046 (4) of the statutes is amended to read:

SB44,1038,20 973.046 (4) If an inmate in a state prison or a person sentenced to a state prison has not paid the deoxyribonucleic acid analysis surcharge under this section, the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the state treasurer secretary of administration.

SB44, s. 2765 Section 2765. 973.055 (2) (a) of the statutes is amended to read:

SB44,1039,2 973.055 (2) (a) If the assessment is imposed by a court of record, after the court determines the amount due, the clerk of the court shall collect and transmit the amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2.

SB44, s. 2766 Section 2766. 973.055 (2) (b) of the statutes is amended to read:

SB44,1039,8 973.055 (2) (b) If the assessment is imposed by a municipal court, after a determination by the court of the amount due, the court shall collect and transmit the amount to the treasurer of the county, city, town, or village, and that treasurer shall make payment to the state treasurer secretary of administration as provided in s. 66.0114 (1) (bm).

SB44, s. 2767 Section 2767. 973.055 (3) of the statutes is amended to read:

SB44,1039,12 973.055 (3) All moneys collected from domestic abuse assessments shall be deposited by the state treasurer secretary of administration in s. 20.435 (3) (hh) and utilized in accordance with s. 46.95.

SB44, s. 2768 Section 2768. 973.09 (3) (bm) 1. of the statutes is amended to read:

SB44,1039,17 973.09 (3) (bm) 1. At least 90 days before the expiration date of a probationer's period of probation, the department may notify the sentencing court and the district attorney that a probationer owes unpaid fees to the department under s. 304.073 or 304.074.

SB44, s. 2769 Section 2769. 973.09 (3) (bm) 3. of the statutes is amended to read:

SB44,1039,24 973.09 (3) (bm) 3. At a probation review hearing under subd. 2., the department has the burden of proving that the probationer owes unpaid fees under s. 304.073 or 304.074 and the amount of the unpaid fees. If the department proves by a preponderance of the evidence that the probationer owes unpaid fees under s. 304.073 or 304.074, the court may, by order, extend the period of probation for a stated period or modify the terms and conditions of probation.

SB44, s. 2770 Section 2770. 973.09 (3) (c) 1. of the statutes is amended to read:

SB44,1040,2 973.09 (3) (c) 1. The probationer has not made a good faith effort to discharge court-ordered payment obligations or to pay fees owed under s. 304.073 or 304.074.

SB44, s. 2771 Section 2771. 973.11 (1) (intro.) of the statutes is amended to read:

SB44,1040,16 973.11 (1) Placements. (intro.) If a person is convicted of or pleads guilty or no contest to one or more misdemeanors for which mandatory periods of imprisonment are not required, if the chief judge of the judicial administrative district has approved a volunteers in probation program established in the applicable county, and if the court decides that volunteer supervision under the program will likely benefit the person and the community and subject to the limitations under sub. (3), the court may withhold sentence or judgment of conviction and order that the person be placed with that volunteers in probation program. A person's participation in the program may not be used to conceal, withhold, or mask information regarding the judgment of conviction if the conviction is required to be included in a record kept under s. 343.23 (2) (a). Except as provided in sub. (3), the order shall provide any conditions that the court determines are reasonable and appropriate and may include, but need not be limited to, one or more of the following:

SB44, s. 2772 Section 2772. 973.20 (9) (b) of the statutes is amended to read:

SB44,1041,4 973.20 (9) (b) When a court orders a defendant to pay restitution is ordered under this section, the court shall inquire to see if an award has been made under ch. 949 and if the department of justice is subrogated to the cause of action under s. 949.15. If the restitution defendant is ordered to pay restitution in an amount that is less than or equal to the award under ch. 949, the defendant shall pay the restitution shall be paid only to the general fund department of justice and the restitution payments shall be credited to the appropriation account under s. 20.455 (5) (hm). If the restitution defendant is ordered to pay restitution in an amount that is greater than the award under ch. 949, the general fund shall receive defendant shall pay the department of justice an amount equal to the award under ch. 949, which amount shall be credited to the appropriation account under s. 20.455 (5) (hm), and the defendant shall pay the balance shall be paid to the victim.

SB44, s. 2773 Section 2773. 973.30 (1) (c) of the statutes is amended to read:

SB44,1041,10 973.30 (1) (c) Adopt and, as necessary, update advisory sentencing guidelines for felonies committed on or after July 30, 2002, to promote public safety in a cost-effective manner, to reflect changes promote consistency in sentencing practices, and to preserve the integrity of the criminal justice and correctional systems.

SB44, s. 2774 Section 2774. 973.30 (1) (cm) of the statutes is created to read:

SB44,1041,13 973.30 (1) (cm) Develop advisory guidelines regarding the appropriate use of alternatives to incarceration.

SB44, s. 2775 Section 2775. 973.31 of the statutes is created to read:

SB44,1041,16 973.31 Mandatory sentencing guidelines. (1) In this section, "commission" means the sentencing commission.

SB44,1041,23 (2) If the commission determines in the report required under 2003 Wisconsin Act .... (this act), section 9110 (1 ) that temporary sentencing guidelines adopted by the criminal penalties study committee created under 1997 Wisconsin Act 283 are not adequately promoting the objectives listed in s. 973.30 (1) (c), the commission shall adopt mandatory guidelines for sentencing decisions, as defined in s. 973.017 (1), for felonies and misdemeanors for which a court may impose a bifurcated sentence.

SB44,1042,4 (3) When adopting a mandatory sentencing guideline for a crime, the commission, subject to sub. (4), shall assign suggested ranges of punishment to promote the objectives listed in s. 973.30 (1) (c). The ranges of punishment shall be based upon the combination of offense and defendant characteristics in each case. The commission may also include any of the following as part of a mandatory sentencing guideline:

SB44,1042,5 (a) Conditions of extended supervision or probation to be imposed.

SB44,1042,8 (b) The length of a term of imprisonment to be imposed if, after the court withholds a sentence and places a defendant on probation, the court revokes probation.

SB44,1042,10 (c) Whether penalties should be imposed concurrently or consecutively if the defendant is convicted of more than one crime.

SB44,1042,13 (4) The commission may not adopt a mandatory sentencing guideline for a crime that calls for a range of punishment that conflicts with any provision of the statutes relating to penalties for that crime.

SB44,1042,21 (5) In general, in developing mandatory sentencing guidelines, the commission shall begin with crimes that result in the greatest number of bifurcated sentences being imposed. In general, the commission shall develop mandatory sentencing guidelines for Class G to I felonies, unclassified felonies, and misdemeanors for which a court may impose a bifurcated sentence before developing them for Class B to F felonies. Beginning with the crimes that are committed most frequently, the commission shall develop mandatory sentencing guidelines for crimes based on the frequency with which they are committed.

SB44, s. 2776 Section 2776. 977.01 of the statutes is renumbered 977.01 (intro.) and amended to read:

SB44,1042,25 977.01 Definitions. (intro.) In this chapter, unless the context requires otherwise, "board":

SB44,1043,1 (1) "Board" means the public defender board.

SB44, s. 2777 Section 2777. 977.01 (2) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

SB44,1043,8 977.01 (2) "Public assistance" means relief provided by counties under s. 59.53 (21), Wisconsin works under ss. 49.141 to 49.161, medical assistance under subch. IV of ch. 49, low-income energy assistance under s. 16.385 16.27, weatherization assistance under s. 16.39 16.26, and the food stamp program under 7 USC 2011 to 2029.

SB44, s. 2778 Section 2778. 977.06 (1) (a) of the statutes is amended to read: