This bill increases the maximum term of imprisonment and the maximum term
of confinement for first-degree sexual assault of a child by five years. The bill does
so by placing first-degree sexual assault of a child in a new class of felonies — Class
AB — for which the maximum terms of imprisonment and confinement are 65 and
45 years, respectively.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB30, s. 1
1Section
1. 51.30 (4) (b) 10m. of the statutes is repealed.
AB30, s. 2
2Section
2. 115.31 (2g) of the statutes is amended to read:
AB30,3,83
115.31
(2g) Notwithstanding subch. II of ch. 111, the state superintendent shall
4revoke a license granted by the state superintendent, without a hearing, if the
5licensee is convicted of any Class A,
AB, B, C, or D felony under ch. 940 or 948, except
6ss. 940.08 and 940.205, for a violation that occurs on or after September 12, 1991, or
7any Class E, F, G, or H felony under ch. 940 or 948, except ss. 940.08 and 940.205,
8for a violation that occurs on or after February 1, 2003.
AB30, s. 3
9Section
3. 118.19 (4) (a) of the statutes is amended to read:
AB30,3,1810
118.19
(4) (a) Notwithstanding subch. II of ch. 111, the state superintendent
11may not grant a license, for 6 years following the date of the conviction, to any person
12who has been convicted of any Class A,
AB, B, C, or D felony under ch. 940 or 948,
13except ss. 940.08 and 940.205, or of an equivalent crime in another state or country,
14for a violation that occurs on or after September 12, 1991, or any Class E, F, G, or H
15felony under ch. 940 or 948, except ss. 940.08 and 940.205, for a violation that occurs
16on or after February 1, 2003. The state superintendent may grant the license only
17if the person establishes by clear and convincing evidence that he or she is entitled
18to the license.
AB30, s. 4
19Section
4. 302.113 (9g) (b) (intro.) of the statutes is amended to read:
AB30,4,4
1302.113
(9g) (b) (intro.) An inmate who is serving a bifurcated sentence for a
2crime other than a Class
AB or B felony may seek modification of the bifurcated
3sentence in the manner specified in par. (f) if he or she meets one of the following
4criteria:
AB30, s. 5
5Section
5. 938.355 (4) (b) of the statutes is amended to read:
AB30,4,226
938.355
(4) (b) Except as provided in s. 938.368, an order under s. 938.34 (4d)
7or (4m) made before the juvenile reaches 18 years of age may apply for up to 2 years
8after its entry or until the juvenile's 18th birthday, whichever is earlier, unless the
9court specifies a shorter period of time or the court terminates the order sooner.
10Except as provided in s. 938.368, an order under s. 938.34 (4h) made before the
11juvenile reaches 18 years of age shall apply for 5 years after its entry, if the juvenile
12is adjudicated delinquent for committing a violation of s. 943.10 (2) or for committing
13an act that would be punishable as a Class
AB, B
, or C felony if committed by an
14adult, or until the juvenile reaches 25 years of age, if the juvenile is adjudicated
15delinquent for committing an act that would be punishable as a Class A felony if
16committed by an adult. Except as provided in s. 938.368, an extension of an order
17under s. 938.34 (4d), (4h), (4m), or (4n) made before the juvenile reaches 17 years of
18age shall terminate at the end of one year after its entry unless the court specifies
19a shorter period of time or the court terminates the order sooner. No extension under
20s. 938.365 of an original dispositional order under s. 938.34 (4d), (4h), (4m), or (4n)
21may be granted for a juvenile who is 17 years of age or older when the original
22dispositional order terminates.
AB30, s. 6
23Section
6. 938.396 (2) (e) of the statutes is repealed.
AB30, s. 7
24Section
7. 939.50 (1) (am) of the statutes is created to read:
AB30,4,2525
939.50
(1) (am) Class AB felony.
AB30, s. 8
1Section
8. 939.50 (2) of the statutes is amended to read:
AB30,5,32
939.50
(2) A felony is a Class A,
AB, B, C, D, E, F, G, H, or I felony when it is
3so specified in the statutes.
AB30, s. 9
4Section
9. 939.50 (3) (am) of the statutes is created to read:
AB30,5,55
939.50
(3) (am) For a Class AB felony, imprisonment not to exceed 65 years.
AB30, s. 10
6Section
10. 948.02 (1) of the statutes is amended to read:
AB30,5,97
948.02
(1) First degree sexual assault. Whoever has sexual contact or sexual
8intercourse with a person who has not attained the age of 13 years is guilty of a Class
9B AB felony.
AB30, s. 11
10Section
11. 948.025 (1) (a) of the statutes is amended to read:
AB30,5,1211
948.025
(1) (a) A Class
B AB felony if at least 3 of the violations were violations
12of s. 948.02 (1).
AB30, s. 12
13Section
12. 973.01 (2) (b) 1. of the statutes is renumbered 973.01 (2) (b) 2.
AB30, s. 13
14Section
13. 973.01 (2) (b) 1m. of the statutes is created to read:
AB30,5,1615
973.01
(2) (b) 1m. For a Class AB felony, the term of confinement in prison may
16not exceed 45 years.
AB30, s. 14
17Section
14. 973.01 (2) (b) 10. a. of the statutes is amended to read:
AB30,5,1818
973.01
(2) (b) 10. a. A felony specified in subds.
1. 1m. to 9.
AB30, s. 15
19Section
15. 973.01 (2) (d) 1. of the statutes is amended to read:
AB30,5,2120
973.01
(2) (d) 1. For a Class
AB or B felony, the term of extended supervision
21may not exceed 20 years.
AB30, s. 16
22Section
16. 973.03 (3) (e) 1. of the statutes is amended to read:
AB30,5,2323
973.03
(3) (e) 1. A crime which is a Class A,
AB, B, or C felony.
AB30, s. 17
24Section
17. 973.195 (1r) (a) of the statutes is amended to read:
AB30,6,6
1973.195
(1r) (a) An inmate who is serving a sentence imposed under s. 973.01
2for a crime other than a Class
AB or B felony may petition the sentencing court to
3adjust the sentence if the inmate has served at least the applicable percentage of the
4term of confinement in prison portion of the sentence. If an inmate is subject to more
5than one sentence imposed under this section, the sentences shall be treated
6individually for purposes of sentence adjustment under this subsection.
AB30, s. 18
7Section
18. 980.015 of the statutes is repealed.
AB30, s. 19
8Section
19. 980.02 (1) (a) of the statutes is amended to read:
AB30,6,139
980.02
(1) (a) The department of justice at the request of the agency with
10jurisdiction, as defined in s. 980.015 (1), over
the authority or duty to release or
11discharge the person. If the department of justice decides to file a petition under this
12paragraph, it shall file the petition before the date of the release or discharge of the
13person.
AB30, s. 20
14Section
20. 980.02 (6) of the statutes is created to read:
AB30,6,1615
980.02
(6) No petition may be filed under this section on or after the effective
16date of this subsection .... [revisor inserts date].
AB30,6,1818
(1)
This act takes effect on the day after publication.