March 15, 2016 - Introduced by Representatives Goyke, Bowen, Barnes, Brostoff,
Zamarripa, Zepnick and Considine. Referred to Committee on Criminal
Justice and Public Safety.
AB994,1,5
1An Act to repeal 943.24 (2); and
to amend 103.34 (1) (b) 3., 943.24 (1), 943.39
2(intro.), 943.50 (4) (a), 943.50 (4) (bf), 943.50 (4m) (a), 946.49 (1) (a), 946.49 (1)
3(b), 946.49 (2), 946.82 (4) and 961.41 (3g) (e) of the statutes;
relating to:
4reclassifying certain felonies to misdemeanors and providing a criminal
5penalty.
Analysis by the Legislative Reference Bureau
This bill reclassifies certain felonies to misdemeanors. The bill reclassifies the
crime of issuing a worthless check to a Class A misdemeanor, regardless of the
amount for which the check was written. Under current law, issuing a worthless
check is a Class I felony if the check was written for more than $2,500. The bill also
reclassifies the crime of fraudulent writing from a Class H felony to a Class A
misdemeanor.
In addition, the bill changes how the crime of bail jumping is classified. Under
current law, a person is guilty of a Class A misdemeanor if he or she intentionally
violates the conditions of his or release pending trial if the trial relates to a
misdemeanor charge, but is guilty of a Class H felony if the trial relates to a felony
charge. Under the bill, a person who intentionally violates the conditions of his or
her release is guilty of a Class A misdemeanor unless he or she is charged with
committing a new crime while he or she is released pending trial, in which case he
or she is guilty of a Class H felony.
The bill also reclassifies second offense possession of marijuana from a Class
I felony to a Class A misdemeanor. Under current law, first offense possession of
marijuana is a Class A misdemeanor, while a second or subsequent offense for
possessing marijuana is a Class I felony. Under the bill, a first or second offense is
a Class A misdemeanor, and a third or subsequent offense is a Class I felony.
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:
AB994,1
1Section
1. 103.34 (1) (b) 3. of the statutes is amended to read:
AB994,2,52
103.34
(1) (b) 3. A violation of
s. 943.24 (2), 2013 stats., or s. 943.20, 943.201,
3943.203, 943.21, 943.23, 943.24
(2), 943.34, 943.50, 943.61, 943.62, or 943.70 or of a
4substantially similar federal law or law of another state, if the value of the property
5misappropriated is $2,500 or more.
AB994,2
6Section
2. 943.24 (1) of the statutes is amended to read:
AB994,2,97
943.24
(1) Whoever issues any check or other order for the payment
of not more
8than $2,500 which, at the time of issuance, he or she intends shall not be paid is guilty
9of a Class A misdemeanor.
AB994,3
10Section
3. 943.24 (2) of the statutes is repealed.
AB994,4
11Section
4. 943.39 (intro.) of the statutes is amended to read:
AB994,2,13
12943.39 Fraudulent writings. (intro.) Whoever, with intent to injure or
13defraud, does any of the following is guilty of a Class
H felony A misdemeanor:
AB994,5
14Section
5. 943.50 (4) (a) of the statutes is amended to read:
AB994,2,1615
943.50
(4) (a) Except as provided in sub. (4m), a Class A misdemeanor, if the
16value of the merchandise does not exceed
$500 $2,500.
AB994,6
17Section
6. 943.50 (4) (bf) of the statutes is amended to read:
AB994,2,1918
943.50
(4) (bf) A Class I felony, if the value of the merchandise exceeds
$500 19$2,500 but does not exceed $5,000.
AB994,7
1Section
7. 943.50 (4m) (a) of the statutes is amended to read:
AB994,3,22
943.50
(4m) (a) The value of the merchandise does not exceed
$500 $2,500.
AB994,8
3Section
8. 946.49 (1) (a) of the statutes is amended to read:
AB994,3,54
946.49
(1) (a)
If the offense with which the person is charged is a misdemeanor,
5guilty Guilty of a Class A misdemeanor
, except as provided in par. (b).
AB994,9
6Section
9. 946.49 (1) (b) of the statutes is amended to read:
AB994,3,107
946.49
(1) (b)
If the offense with which Guilty of a Class H felony if the person
8is charged is a felony, guilty of a Class H felony
failed to comply with a term of bond
9by committing a criminal offense after he or she was released from custody under ch.
10969.
AB994,10
11Section
10. 946.49 (2) of the statutes is amended to read:
AB994,3,1312
946.49
(2) A witness for whom bail has been required under s. 969.01 (3) is
13guilty of a Class
I felony A misdemeanor for failure to appear as provided.
AB994,11
14Section
11. 946.82 (4) of the statutes is amended to read:
AB994,4,415
946.82
(4) "Racketeering activity" means any activity specified in
18 USC 1961 16(1) in effect as of April 27, 1982, or the attempt, conspiracy to commit, or commission
17of any of the felonies specified in: chs. 945 and 961, subch. V of ch. 551, and ss. 49.49,
18134.05, 139.44 (1), 180.0129, 181.0129, 185.825, 201.09 (2), 215.12, 221.0625,
19221.0636, 221.0637, 221.1004, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (4) to (6),
20940.20, 940.201, 940.203, 940.21, 940.30, 940.302 (2), 940.305, 940.31, 941.20 (2) and
21(3), 941.26, 941.28, 941.298, 941.31, 941.32, 942.09, 943.01 (2), (2d), or (2g), 943.011,
22943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (bf) to (e),
23943.201, 943.203, 943.23 (1g), (2) and (3),
943.24 (2), 943.27, 943.28, 943.30, 943.32,
24943.34 (1) (bf), (bm), and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4)
25(bf), (bm), and (c) and (4m), 943.60, 943.70, 943.76, 943.81, 943.82, 943.83, 943.84,
1943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 944.21 (5) (c) and (e), 944.32, 944.34,
2945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11, 946.12, 946.13, 946.31,
3946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76, 946.79, 947.015,
4948.05, 948.051, 948.08, 948.12, and 948.30.
AB994,12
5Section
12. 961.41 (3g) (e) of the statutes is amended to read:
AB994,4,166
961.41
(3g) (e)
Tetrahydrocannabinols. If a person possesses or attempts to
7possess tetrahydrocannabinols included under s. 961.14 (4) (t), or a controlled
8substance analog of tetrahydrocannabinols, the person may be fined not more than
9$1,000 or imprisoned for not more than 6 months or both upon a first
or 2nd 10conviction and is guilty of a Class I felony for a
2nd
3rd or subsequent offense. For
11purposes of this paragraph, an offense is considered a
2nd 3rd or subsequent offense
12if, prior to the offender's conviction of the offense, the offender has
at any time been
13convicted
on 2 separate occasions of any felony or misdemeanor under this chapter
14or under any statute of the United States or of any state relating to controlled
15substances, controlled substance analogs, narcotic drugs, marijuana, or depressant,
16stimulant, or hallucinogenic drugs.