AB128: Bill Text

This bill expands the number of forfeiture violations for which a law enforcement officer may issue a citation by applying the citation procedure that currently may only be used for certain limited violations to any civil forfeiture for which a different procedure is not specifically prescribed. This bill also provides that the criminal procedure rules of discovery apply to civil forfeiture actions initiated by this citation procedure.

AB128,1 Section 1. 16.009 (5) (b) of the statutes is amended to read:

AB128,7,4 16.009 (5) (b) Any person who violates par. (a) may be fined not more than $1,000 or imprisoned for not more than 6 months or both is guilty of a Class B misdemeanor.

AB128,2 Section 2. 16.845 (1) of the statutes is amended to read:

AB128,8,9 16.845 (1) Rule; penalty. Except as elsewhere expressly prohibited, the managing authority of any facility owned by the state or by the University of Wisconsin Hospitals and Clinics Authority or leased from the state by the Fox River Navigational System Authority may permit its use for free discussion of public questions, or for civic, social, recreational or athletic activities. No such use shall be permitted if it would unduly burden the managing authority or interfere with the prime use of such facility. The applicant for use shall be liable to the state, to the Fox River Navigational System Authority, or to the University of Wisconsin Hospitals and Clinics Authority for any injury done to its property, for any expense arising out of any such use and for such sum as the managing authority may charge for such use. All such sums payable to the state shall be paid into the general fund and credited to the appropriation account for the operation of the facility used. The managing authority may permit such use notwithstanding the fact that a reasonable admission fee may be charged to the public. Whoever does or attempts to do an act for which a permit is required under this section without first obtaining the permit may be fined not more than $100 or imprisoned not more than 30 days or both is guilty of a Class C misdemeanor. This subsection applies only to those facilities for which a procedure for obtaining a permit has been established by the managing authority.

AB128,3 Section 3. 16.846 (1) (a) of the statutes is amended to read:

AB128,8,16 16.846 (1) (a) The department shall promulgate under ch. 227, and shall enforce or have enforced, rules of conduct for property leased or managed by the department. Unless the rule specifies a penalty as provided under par. (b), a person found guilty of violating a rule promulgated under this subsection shall be fined not more than $100 or imprisoned for not more than 30 days or both who violates a rule promulgated under this subsection is guilty of a Class C misdemeanor.

AB128,4 Section 4. 19.24 of the statutes is amended to read:

AB128,8,25 19.24 Refusal to deliver money, etc., to successor. Any public officer whatever, in this state, who shall, at the expiration of the officer's term of office, refuse or willfully neglect to deliver, on demand, to the officer's successor in office, after such successor shall have been duly qualified and be entitled to said office according to law, all moneys, records, books, papers or other property belonging to the office and in the officer's hands or under the officer's control by virtue thereof, shall be imprisoned not more than 6 months or fined not more than $100 is guilty of a Class B misdemeanor.

AB128,5 Section 5. 23.095 (3) (d) 2. of the statutes is amended to read:

AB128,9,6 23.095 (3) (d) 2. Except as provided in subd. 3., if a person violates sub. (1m) or (2m) and the violation involves intentionally damaging or intentionally attempting to damage an archaeological feature, the person shall be fined not more than $10,000 or imprisoned for not more than 9 months or both is guilty of a Class A misdemeanor.

AB128,6 Section 6. 23.22 (8) (b) of the statutes is amended to read:

AB128,9,11 23.22 (8) (b) Any person who intentionally violates any rule promulgated under sub. (2) (b) 6. or any permit issued under those rules shall be fined not less than $1,000 nor more than $5,000, or shall be imprisoned for not less than 6 months nor more than 9 months or both is guilty of a Class A misdemeanor.

AB128,7 Section 7. 23.22 (8) (c) of the statutes is amended to read:

AB128,9,18 23.22 (8) (c) A person who violates a rule promulgated under sub. (2) (b) 6. or any permit issued under those rules and who, within 5 years before the arrest of the current conviction, was previously convicted of a violation of a rule promulgated under sub. (2) (b) 6. or any permit issued under those rules shall be fined not less than $700 nor more than $2,000 or shall be imprisoned for not less than 6 months nor more than 9 months or both is guilty of a Class A misdemeanor.

AB128,8 Section 8. 23.24 (6) (b) of the statutes is amended to read:

AB128,9,24 23.24 (6) (b) A person who violates sub. (3) and who, within 5 years before the arrest of the current conviction, was previously convicted of a violation of sub. (3) shall be fined not less than $700 nor more than $2,000 or shall be imprisoned for not less than 6 months nor more than 9 months or both is guilty of a Class A misdemeanor.

AB128,9 Section 9. 26.14 (5) of the statutes is amended to read:

AB128,10,5 26.14 (5) Any person who sets a fire or assists in the setting of a fire, including a back fire, on any lands in this state and fails to totally extinguish such fire before leaving it shall forfeit not more than $100 for the first offense and shall be fined not more than $500 or imprisoned for not more than 30 days or both for each subsequent offense is guilty of a Class C misdemeanor for a 2nd or subsequent offense.

AB128,10 Section 10. 26.14 (6) of the statutes is amended to read:

AB128,10,10 26.14 (6) Any person who sets a fire or assists in setting a fire, including a back fire, on any lands in this state and allows the fire to escape and become a forest fire shall be fined not more than $1,000 or imprisoned not more than 90 days or both is guilty of a Class B misdemeanor.

AB128,11 Section 11. 26.14 (7) of the statutes is amended to read:

AB128,10,16 26.14 (7) Any person who sets or assists in setting a fire upon marsh or other land in the state for the purpose of driving out game birds or animals shall be fined not more than $1,000 or imprisoned not more than 90 days or both is guilty of a Class B misdemeanor. The possession of firearms upon any marsh while it is on fire shall be prima facie evidence of such violation.

AB128,12 Section 12. 26.19 (1) of the statutes is amended to read:

AB128,10,20 26.19 (1) Any person who destroys, defaces, removes or molests any forest protection equipment or property shall be fined not more than $10,000 or imprisoned not more than 9 months or both is guilty of a Class A misdemeanor.

AB128,13 Section 13. 26.20 (9) (b) of the statutes is amended to read:

AB128,10,23 26.20 (9) (b) Any corporation, by its officers, agents or employees, willfully violating this section shall be fined forfeit not more than $1,000 $10,000.

AB128,14 Section 14. 26.985 (2) of the statutes is amended to read:

AB128,11,6 26.985 (2) Except as provided in subs. (3) and (4), if a person is convicted of a violation and has one or more convictions, within the 5 years prior to the current conviction, for one or more violations, the person shall be fined not more than $100 or imprisoned for not more than 6 months or both is guilty of a Class B misdemeanor. The prosecution shall allege and prove the prior convictions in the manner specified in s. 29.974.

AB128,15 Section 15. 26.985 (3) of the statutes is amended to read:

AB128,11,13 26.985 (3) Except as provided in sub. (4), if a person is convicted of a violation and has 3 or more convictions, within the 3 years prior to the current conviction, for one or more violations, the person shall be fined not more than $2,000 or imprisoned for not more than 9 months or both is guilty of a Class A misdemeanor. The prosecution shall allege and prove the prior convictions in the manner specified in s. 29.974.

AB128,16 Section 16. 29.088 (2) of the statutes is amended to read:

AB128,11,21 29.088 (2) Except as provided in sub. (3), no person may take, capture or kill or attempt to take, capture or kill any wild animal with the aid of any explosive or poison gas, or set any explosive near or on any beaver or muskrat houses. Possession or control of an explosive or a poison gas in places described in sub. (1) is prima facie evidence of intent to violate this subsection. Any person who violates this subsection shall be fined not more than $300 or imprisoned for not more than 30 days or both is guilty of a Class C misdemeanor.

AB128,17 Section 17. 29.331 (5) (b) of the statutes is amended to read:

AB128,12,2 29.331 (5) (b) A person who violates this subsection shall be fined not less than $300 nor more than $1,000 or imprisoned not more than 90 days or both is guilty of a Class B misdemeanor. In addition, if a person violates this subsection, the court shall revoke all licenses issued to the person under this chapter for 5 years.

AB128,18 Section 18. 29.341 (2) of the statutes is amended to read:

AB128,12,8 29.341 (2) Any person intentionally failing to comply with sub. (1) shall be fined not more than $5,000, or imprisoned in the county jail not more than one year, or both. Any person who neglects to comply with sub. (1) shall be fined not more than $5,000 or imprisoned not more than 9 months or both who fails to comply with sub. (1) is guilty of a Class A misdemeanor.

AB128,19 Section 19. 29.501 (10) of the statutes is amended to read:

AB128,12,12 29.501 (10) Any person who violates this section shall be fined not more than $1,000, or imprisoned not more than 9 months, or both is guilty of a Class A misdemeanor. Any person violating sub. (6m) shall forfeit not more than $100.

AB128,20 Section 20. 29.601 (1) (b) of the statutes is amended to read:

AB128,12,16 29.601 (1) (b) Whoever violates this subsection shall be fined not more than $500 or imprisoned for not more than 90 days or both is guilty of a Class B misdemeanor.

AB128,21 Section 21. 29.601 (3) (c) 2. of the statutes is amended to read:

AB128,12,20 29.601 (3) (c) 2. Any person who intentionally violates this subsection shall be fined not more than $200 or imprisoned not more than 90 days or both is guilty of a Class B misdemeanor.

AB128,22 Section 22. 29.604 (5) (a) 1. of the statutes is amended to read:

AB128,13,5 29.604 (5) (a) 1. Whoever violates sub. (4) (a) shall forfeit not less than $500 nor more than $2,000. In addition, the court shall order the revocation of all hunting approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting approvals under this chapter for one year. Whoever intentionally violates sub. (4) (a) shall be fined not less than $2,000 nor more than $5,000 or imprisoned for not more than 9 months or both is guilty of a Class A misdemeanor. In addition, the court shall order the revocation of all hunting approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting approvals under this chapter for 3 years.

AB128,23 Section 23. 29.604 (5) (a) 2. of the statutes is amended to read:

AB128,13,10 29.604 (5) (a) 2. Whoever violates sub. (4) (b) or (c) shall forfeit not more than $1,000. Whoever intentionally violates sub. (4) (b) or (c) shall be fined not more than $1,000 or imprisoned for not more than 9 months or both is guilty of a Class A misdemeanor.

AB128,24 Section 24. 29.957 of the statutes is amended to read:

AB128,13,18 29.957 Breaking seals of department. Any person who breaks, removes or interferes with any seal or tag attached to any animal, carcass or object by the department, or who interferes with any animal, carcass or object with a seal or tag attached, or who counterfeits a seal or tag, attached or unattached, shall be fined not more than $500 or imprisoned for not more than 90 days or both is guilty of a Class B misdemeanor. This section applies to seals and tags required by the department under this chapter or ch. 169.

AB128,25 Section 25. 29.964 (1) of the statutes is amended to read:

AB128,13,21 29.964 (1) Shall be fined not more than $200 or imprisoned not more than 90 days or both Is guilty of a Class B misdemeanor; and

AB128,26 Section 26. 29.967 (1) (b) of the statutes is amended to read:

AB128,13,24 29.967 (1) (b) If the number of convictions in a 5-year period equals 2 or more, the person shall be fined forfeit not less than $500 nor more than $1,000.

AB128,27 Section 27. 29.967 (3) of the statutes is amended to read:

AB128,14,4 29.967 (3) Any person who obtains any approval under this chapter during the period of time when that approval is revoked by any court shall be fined not more than $200 or imprisoned not more than 90 days or both is guilty of a Class B misdemeanor.

AB128,28 Section 28. 29.971 (1) (b) of the statutes is amended to read:

AB128,14,11 29.971 (1) (b) For taking, transporting, acquiring, selling, purchasing, or possessing, or attempting to take, acquire, transport, sell, purchase, or possess, any fish, or failing to comply with any record-keeping requirement for fish, in violation of this chapter that has a value under par. (d) exceeding $300 but not exceeding $1,000, by a fine of not less than $1,000 nor more than $5,000 or imprisonment for not more than 30 days or both as a Class A misdemeanant.

AB128,29 Section 29. 29.971 (1m) (b) of the statutes is amended to read:

AB128,14,16 29.971 (1m) (b) For possessing clams in violation of s. 29.537, if the value of the clams under par. (d) exceeds $300 but does not exceed $1,000, by a fine of not more than $5,000 or imprisonment for not more than 30 days or both as a Class A misdemeanant.

AB128,30 Section 30. 29.971 (5) of the statutes is amended to read:

AB128,14,23 29.971 (5) For violation of s. 29.539, except s. 29.539 (3m), by a fine of not less than $1,000 nor more than $2,000 or imprisonment for not more than 6 months or both as a Class B misdemeanant. In addition, the court shall order the revocation of all hunting and sport fishing approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting or sport fishing approvals under this chapter to the person for 5 years.

AB128,31 Section 31. 29.971 (5g) of the statutes is amended to read:

AB128,15,6 29.971 (5g) For violation of s. 29.541, by a fine of not more than $500 or imprisonment for not more than 90 days or both as a Class C misdemeanant. In addition, the court shall order the revocation of all hunting and sport fishing approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting or sport fishing approvals under this chapter to the person for 3 years.

AB128,32 Section 32. 29.971 (5m) of the statutes is amended to read:

AB128,15,12 29.971 (5m) For the violation of this chapter relating to the taking or possession of lake sturgeon, by a fine of $1,500 or imprisonment for not more than 90 days or both as a Class A misdemeanant for each lake sturgeon illegally taken or possessed, and a mandatory 3-year revocation of all hunting, fishing and trapping approvals issued to the person under this chapter.

AB128,33 Section 33. 29.971 (7) of the statutes is amended to read:

AB128,15,18 29.971 (7) For the violation of s. 29.307 (1), by a fine of not more than $1,000 for the first violation and not more than $2,000 as a Class B misdemeanant for subsequent violations or imprisonment for not more than 90 days, or both, and by a mandatory 3-year revocation of all hunting, fishing, and trapping approvals. An aircraft used in the violation is a public nuisance.

AB128,34 Section 34. 29.971 (11) of the statutes is amended to read:

AB128,16,2 29.971 (11) For hunting deer without the required approval, during the closed season, with the aid of artificial light or with the aid of an aircraft, for the snaring of or setting snares for deer, or for the possession or control of a deer carcass in violation of s. 29.055 or 29.347, by a fine of not less than $1,000 nor more than $2,000 or by imprisonment for not more than 6 months or both as a Class A misdemeanant. In addition, the court shall order the revocation of all approvals issued to the person under this chapter and shall prohibit the issuance of any new approval under this chapter to the person for 3 years.

AB128,35 Section 35. 29.971 (11g) (a) of the statutes is amended to read:

AB128,16,12 29.971 (11g) (a) For hunting elk without a valid elk hunting license, for possessing an elk that does not have an elk carcass tag attached, for possessing an elk during the closed season, by a fine of not less than $1,000 nor more than $15,000 or by imprisonment for not more than 6 months or both for the first violation, or by a fine of not more than $20,000 or imprisonment for not more than one year or both for any subsequent violation as a Class A misdemeanant. In addition, the court shall revoke all hunting and trapping approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting and trapping approvals under this chapter to the person for 5 years.

AB128,36 Section 36. 29.971 (11m) (a) of the statutes is amended to read:

AB128,16,24 29.971 (11m) (a) For shooting, shooting at, killing, taking, catching or possessing a bear without a valid Class A bear license, or for possessing a bear which does not have a carcass tag attached or possessing a bear during the closed season, by a fine of not less than $1,000 nor more than $2,000 or by imprisonment for not more than 6 months or both for the first violation, or by a fine of not more than $10,000 or imprisonment for not more than 9 months or both for any subsequent violation, as a Class A misdemeanant and, in addition, the court shall revoke all hunting approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting approval under this chapter to the person for 3 years. This paragraph does not apply to a person who shoots at or kills a bear as authorized under s. 29.184 (3) (br) 4.

AB128,37 Section 37. 29.971 (11p) (a) of the statutes is amended to read:

AB128,17,3 29.971 (11p) (a) For entering the den of a hibernating black bear and harming the bear, by a fine of not more than $10,000 or imprisonment for not more than 9 months or both as a Class A misdemeanant.

AB128,38 Section 38. 29.974 (1) of the statutes is amended to read:

AB128,17,14 29.974 (1) If a person is convicted of any violation of this chapter, of s. 167.31 (2) or (3) or of a rule promulgated under s. 167.31 (4m), and it is alleged in the indictment, information or complaint, and proved or admitted on trial or ascertained by the court after conviction that the person was previously convicted within a period of 5 years for a violation of this chapter, of s. 167.31 (2) or (3) or of a rule promulgated under s. 167.31 (4m) by any court of this state, the person shall be fined not more than $100, or imprisoned not more than 6 months or both is guilty of a Class B misdemeanor. In addition, all hunting, fishing and trapping approvals issued to the person shall be revoked and no hunting, fishing or trapping approval may be issued to the person for a period of one year after the 2nd conviction.

AB128,39 Section 39. 29.974 (2) (b) of the statutes is amended to read:

AB128,17,25 29.974 (2) (b) When any person is convicted and it is alleged in the indictment, information or complaint and proved or admitted on trial or ascertained by the court after conviction that the person had been before convicted 3 times within a period of 3 years for violations of this chapter or department order punishable under s. 29.501 (10), 29.601 (1) or 29.971 (5), or for violation of s. 29.539, or for violation of any statute or department order regulating the taking or possession of any wild animal or carcass during the closed season or any combination of those violations by any court of this state, and that the convictions remain of record and unreversed, the person shall be fined not more than $2,000 or imprisoned for not more than 9 months or both is guilty of a Class B misdemeanor.

AB128,40 Section 40. 30.12 (5) of the statutes is amended to read:

AB128,18,4 30.12 (5) Penalty. Any person violating this section or any term or condition of a permit issued pursuant thereto shall be fined not more than $1,000 or imprisoned not more than 6 months or both is guilty of a Class B misdemeanor.

AB128,41 Section 41. 30.80 (2) of the statutes is amended to read:

AB128,18,7 30.80 (2) Any person violating s. 30.68 (2) shall be fined not more than $200 or imprisoned for not more than 6 months or both is guilty of a Class B misdemeanor.

AB128,42 Section 42. 30.80 (2g) (a) of the statutes is amended to read:

AB128,18,11 30.80 (2g) (a) Shall be fined not less than $300 nor more than $1,000 or imprisoned not more than 6 months or both Is guilty of a Class B misdemeanor if the accident did not involve death or injury to a person.

AB128,43 Section 43. 30.80 (2g) (b) of the statutes is amended to read:

AB128,18,15 30.80 (2g) (b) Shall be fined not more than $10,000 or imprisoned for not more than 9 months or both Is guilty of a Class A misdemeanor if the accident involved injury to a person but the person did not suffer great bodily harm.

AB128,44 Section 44. 31.34 of the statutes is amended to read:

AB128,18,24 31.34 Flow of water regulated. Each person, firm or corporation maintaining a dam on any navigable stream shall pass at all times at least 25% of the natural low flow of water of such stream, except as otherwise provided by law. This section, however, shall not apply to a plant or dam where the water is discharged directly into a lake, mill pond, storage pond or cranberry marsh, nor shall it apply to cases where in the opinion of the department such minimum discharge is not necessary for the protection of fish life. Any person, firm or corporation violating this section shall be fined forfeit not less than $50 nor more than $1,000.