AB383,98,524
939.615
(2) (a) Except as provided in par. (b), if a person is convicted of a serious
25sex offense or found not guilty of a serious sex offense by reason of mental disease
1or defect, the court may, in addition to sentencing the person, placing the person on
2probation or, if applicable, committing the person under
s. 971.17 subch. III of ch.
3975, place the person on lifetime supervision by the department if notice concerning
4lifetime supervision was given to the person under s. 973.125 and if the court
5determines that lifetime supervision of the person is necessary to protect the public.
AB383,275
6Section
275. 939.615 (3) (d) of the statutes is amended to read:
AB383,98,107
939.615
(3) (d) If the person has been committed to the department of health
8services under
s. 971.17 subch. III of ch. 975 for the serious sex offense, upon the
9termination of his or her commitment under s.
971.17 (5) 975.60 or his or her
10discharge from the commitment under s.
971.17 (6)
975.61, whichever is applicable.
AB383,276
11Section
276. 939.621 (1) (a) of the statutes is amended to read:
AB383,98,1712
939.621
(1) (a) A person who commits, during the 72 hours immediately
13following an arrest for a domestic abuse incident as set forth in s.
968.075 969.27 (5),
14an act of domestic abuse, as defined in s.
968.075
969.27 (1) (a) that constitutes the
15commission of a crime. For the purpose of the definition under this paragraph, the
1672-hour period applies whether or not there has been a waiver by the victim under
17s.
968.075 969.27 (5) (c).
AB383,277
18Section
277. 939.621 (2) of the statutes is amended to read:
AB383,98,2519
939.621
(2) If a person commits an act of domestic abuse, as defined in s.
20968.075 969.27 (1) (a) and the act constitutes the commission of a crime, the
21maximum term of imprisonment for that crime may be increased by not more than
222 years if the person is a domestic abuse repeater. The victim of the domestic abuse
23crime does not have to be the same as the victim of the domestic abuse incident that
24resulted in the prior arrest or conviction. The penalty increase under this section
25changes the status of a misdemeanor to a felony.
AB383,278
1Section
278. 939.74 (1) of the statutes is amended to read:
AB383,99,62
939.74
(1) Except as provided in subs. (2) and (2d) and s. 946.88 (1), prosecution
3for a felony must be commenced within 6 years and prosecution for a misdemeanor
4or for adultery within 3 years after the commission thereof. Within the meaning of
5this section, a prosecution has commenced when
a warrant or summons is issued, an
6indictment is found
, or
an information a complaint is filed.
AB383,279
7Section
279. 939.74 (3) of the statutes is amended to read:
AB383,99,128
939.74
(3) In computing the time limited by this section, the time during which
9the actor was not publicly a resident within this state or during which a prosecution
10against the actor for the same act was pending shall not be included. A prosecution
11is pending when
a warrant or a summons has been issued, an indictment has been
12found
, or
an information a complaint has been filed.
AB383,280
13Section
280. 939.74 (4) of the statutes is amended to read:
AB383,99,1714
939.74
(4) In computing the time limited by this section, the time during which
15an alleged victim under s. 940.22 (2) is unable to seek the
issuance filing of a
16complaint under s.
968.02 970.08 due to the effects of the sexual contact or due to any
17threats, instructions or statements from the therapist shall not be included.
AB383,281
18Section
281. 940.09 (1m) (a) of the statutes is amended to read:
AB383,99,2419
940.09
(1m) (a) A person may be charged with and a prosecutor may proceed
20upon
an information a complaint based upon a violation of any combination of sub.
21(1) (a), (am), or (b); any combination of sub. (1) (a), (am), or (bm); any combination of
22sub. (1) (c), (cm), or (d); any combination of sub. (1) (c), (cm), or (e); any combination
23of sub. (1g) (a), (am), or (b)
or;; or any combination of sub. (1g) (c), (cm), or (d) for acts
24arising out of the same incident or occurrence.
AB383,282
25Section
282. 940.09 (1m) (b) of the statutes is amended to read:
AB383,100,10
1940.09
(1m) (b) If a person is charged in
an information a complaint with any
2of the combinations of crimes referred to in par. (a), the crimes shall be joined under
3s.
971.12 970.13. If the person is found guilty of more than one of the crimes so
4charged for acts arising out of the same incident or occurrence, there shall be a single
5conviction for purposes of sentencing and for purposes of counting convictions under
6s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6) (a) 2. and 3., under s. 343.307 (1) or under
7s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b), (bm), (c), (cm), (d), and (e) each
8require proof of a fact for conviction which the others do not require, and sub. (1g)
9(a), (am), (b), (c), (cm), and (d) each require proof of a fact for conviction which the
10others do not require.
AB383,283
11Section
283. 940.225 (4) (intro.) of the statutes is amended to read:
AB383,100,1712
940.225
(4) Consent. (intro.) "Consent", as used in this section, means words
13or overt actions by a person who is competent to give informed consent indicating a
14freely given agreement to have sexual intercourse or sexual contact. Consent is not
15an issue in alleged violations of sub. (2) (c), (cm), (d), (g), (h), and (i). The following
16persons are presumed incapable of consent but the presumption may be rebutted by
17competent evidence, subject to the provisions of s.
972.11 (2) 904.045:
AB383,284
18Section
284. 940.25 (1m) (a) of the statutes is amended to read:
AB383,100,2319
940.25
(1m) (a) A person may be charged with and a prosecutor may proceed
20upon
an information a complaint based upon a violation of any combination of sub.
21(1) (a), (am), or (b); any combination of sub. (1) (a), (am), or (bm); any combination of
22sub. (1) (c), (cm), or (d); or any combination of sub. (1) (c), (cm), or (e) for acts arising
23out of the same incident or occurrence.
AB383,285
24Section
285. 940.25 (1m) (b) of the statutes is amended to read:
AB383,101,8
1940.25
(1m) (b) If a person is charged in
an information a complaint with any
2of the combinations of crimes referred to in par. (a), the crimes shall be joined under
3s.
971.12 970.13. If the person is found guilty of more than one of the crimes so
4charged for acts arising out of the same incident or occurrence, there shall be a single
5conviction for purposes of sentencing and for purposes of counting convictions under
6s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6) (a) 2. or 3., under ss. 343.30 (1q) and
7343.305 or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b), (bm), (c), (cm),
8(d), and (e) each require proof of a fact for conviction which the others do not require.
AB383,286
9Section
286. 940.32 (2m) (d) of the statutes is amended to read:
AB383,101,1110
940.32
(2m) (d) The person violates s.
968.31 968.345 (1) or
968.34 968.376 (1)
11in order to facilitate the violation.
AB383,287
12Section
287. 940.48 (intro.) of the statutes is amended to read:
AB383,101,15
13940.48 Violation of court orders. (intro.) Whoever violates an order issued
14under s. 940.47
or violates any condition of a bond required under s. 969.33 (4) (d) 15may be punished as follows:
AB383,288
16Section
288. 940.49 of the statutes is repealed.
AB383,289
17Section
289. 941.28 (5) of the statutes is amended to read: