AB150,2327,3
1(b) If the violent crime is a misdemeanor, the maximum period of imprisonment
2is increased by 6 months and the crime is changed in status from a misdemeanor to
3a felony.
AB150,2327,11 4(3) (a) In addition to any other penalties that may apply to the crime under sub.
5(2), the court may require the person to complete 100 hours of community service
6work for a public agency or a nonprofit charitable organization. The court shall
7ensure that the defendant is provided a written statement of the terms of the
8community service order and that the community service order is monitored. Any
9organization or agency acting in good faith to which a defendant is assigned under
10an order under this paragraph has immunity from any civil liability in excess of
11$25,000 for acts or omissions by or impacting on the defendant.
AB150,2327,1412 (b) The court shall not impose the requirement under par. (a) if the court
13determines that the person would pose a threat to public safety while completing the
14requirement.
AB150,2327,17 15(4) This section provides for the enhancement of the penalties applicable for
16the underlying crime. The court shall direct that the trier of fact find a special verdict
17as to all of the issues specified in sub. (2).
AB150, s. 7227 18Section 7227. 940.207 (title) of the statutes is amended to read:
AB150,2327,20 19940.207 (title) Battery or threat to department of development or
20department of
industry, labor and human relations employe.
AB150, s. 7228 21Section 7228. 940.207 (2) (intro.) of the statutes is amended to read:
AB150,2327,2522 940.207 (2) (intro.)  Whoever intentionally causes bodily harm or threatens to
23cause bodily harm to the person or family member of any department of development
24or department of
industry, labor and human relations official, employe or agent
25under all of the following circumstances is guilty of a Class D felony:
AB150, s. 7229
1Section 7229. 940.207 (2) (a) of the statutes is amended to read:
AB150,2328,42 940.207 (2) (a) At the time of the act or threat, the actor knows or should have
3known that the victim is a department of development or department of industry,
4labor and human relations official, employe or agent or a member of his or her family.
AB150, s. 7230 5Section 7230. 943.62 (2m) of the statutes is amended to read:
AB150,2328,86 943.62 (2m) This section does not apply to a savings and loan association, credit
7union, bank, savings bank, or a mortgage banker, loan originator or loan solicitor
8registered under s. 440.72 224.72.
AB150, s. 7231 9Section 7231. 945.06 of the statutes is amended to read:
AB150,2328,24 10945.06 Public utilities to cease service. When any public utility, common
11carrier, contract carrier, or railroad, subject to the jurisdiction of the public service
12commission, office of the commissioner of railroads or department of transportation
13of this state, is notified in writing by a federal, state or local law enforcement agency,
14acting within its jurisdiction, that any facility furnished by it is being used or will be
15used for the purpose of transmitting or receiving gambling information in violation
16of the laws of this state it shall discontinue or refuse the leasing, furnishing or
17maintaining of such facility, after reasonable notice to the subscriber, but no
18damages, penalty or forfeiture, civil or criminal, shall be found against any such
19public utility, common carrier, contract carrier or railroad, for any act done in
20compliance with any notice received from a law enforcement agency under this
21section. Nothing in this section shall be deemed to prejudice the right of any person
22affected thereby to secure an appropriate determination as otherwise provided by
23law in any court or tribunal or agency, that such facility should not be discontinued
24or removed, or should be restored.
AB150, s. 7232 25Section 7232. 946.13 (10) of the statutes is amended to read:
AB150,2329,4
1946.13 (10) Subsection (1) (a) does not apply to a member of a private industry
2council or a state job training coordinating council appointed under the job training
3partnership act, 29 USC 1512, or to a member of the governor's council on workforce
4excellence appointed under s. 15.227 (24)
.
AB150, s. 7233 5Section 7233. 946.42 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts
6377 and 385, is amended to read:
AB150,2329,227 946.42 (1) (a) "Custody" includes without limitation actual custody of an
8institution, including a secured juvenile correctional facility, a secure detention
9facility, as defined under s. 48.02 (16), or a juvenile portion of a county jail, or of a
10peace officer or institution guard and constructive custody of prisoners and juveniles
11subject to an order under s. 48.34 (4m), 48.357 (4) or (5) (e) or 48.366 temporarily
12outside the institution whether for the purpose of work, school, medical care, a leave
13granted under s. 303.068, a temporary leave or furlough granted to a juvenile or
14otherwise. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the
15county to which the prisoner was transferred after conviction. "Custody" also
16includes the custody by the department of health and social services of a child who
17is placed in the community under corrective sanctions supervision under s. 48.533
18and custody by the department of corrections of a person who is placed in the
19community under youthful serious juvenile offender supervision under s. 48.537. It
20does not include the custody of a probationer or parolee by the department of
21corrections or a probation or parole officer or the custody of a person who has been
22released to aftercare supervision under ch. 48 unless the person is in actual custody.
AB150, s. 7234 23Section 7234. 946.44 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts
24377 and 486, is amended to read:
AB150,2330,4
1946.44 (1) (a) Any officer or employe of an institution where prisoners are
2detained or any officer or employe providing corrective sanctions supervision under
3s. 48.533 or youthful serious juvenile offender supervision under s. 48.537 who
4intentionally permits a prisoner in the officer's or employe's custody to escape; or
AB150, s. 7235 5Section 7235. 946.45 (1) of the statutes, as affected by 1993 Wisconsin Act 377,
6is amended to read:
AB150,2330,117 946.45 (1) Any officer or employe of an institution where prisoners are detained
8or any officer or employe providing corrective sanctions supervision under s. 48.533
9or youthful serious juvenile offender supervision under s. 48.537 who, through his
10or her neglect of duty, allows a prisoner in his or her custody to escape is guilty of a
11Class B misdemeanor.
AB150, s. 7236 12Section 7236. 948.01 (1) of the statutes is amended to read:
AB150,2330,1613 948.01 (1) "Child" means a person who has not attained the age of 18 years,
14except that for purposes of prosecuting a person who is alleged to have violated a
15state or federal criminal law, "child" does not include a person who has attained the
16age of 17 years
.
AB150, s. 7237 17Section 7237. 948.31 (1) (a) 2. of the statutes is amended to read:
AB150,2330,2118 948.31 (1) (a) 2. The department of health and social services or the department
19of corrections
or any person, county department under s. 46.215, 46.22 or 46.23 or
20licensed child welfare agency, if custody of the child has been transferred under ch.
2148 to that department, person or agency.
AB150, s. 7238 22Section 7238. 948.35 (1) (a) of the statutes is amended to read:
AB150,2331,323 948.35 (1) (a) Except as provided in pars. (b) to (d) or s. 161.455, any person who
24has attained the age of 18 17 years and who, with the intent that a felony be
25committed and under circumstances that indicate unequivocally that he or she has

1the intent, knowingly solicits, advises, hires, directs or counsels a child person 17
2years of age or under
to commit that felony may be fined or imprisoned or both, not
3to exceed the maximum penalty for the felony.
AB150, s. 7239 4Section 7239. 948.36 (1) of the statutes is amended to read:
AB150,2331,115 948.36 (1) Any person who has attained the age of 18 17 years and who, with
6the intent that a Class A felony be committed and under circumstances that indicate
7unequivocally that he or she has that intent, knowingly solicits, advises, hires,
8directs, counsels, employs, uses or otherwise procures a child person 17 years of age
9or under
to commit that Class A felony may, if the Class A felony is committed by the
10child, be imprisoned for not more than 5 years in excess of the maximum period of
11imprisonment provided by law for that Class A felony.
AB150, s. 7240 12Section 7240. 948.45 (1) of the statutes is amended to read:
AB150,2331,1613 948.45 (1) Except as provided in sub. (2), any person 18 17 years of age or older
14who, by any act or omission, knowingly encourages or contributes to the truancy, as
15defined under s. 118.16 (1) (c), of a child person 17 years of age or under is guilty of
16a Class C misdemeanor.
AB150, s. 7241 17Section 7241. 948.45 (2) of the statutes is amended to read:
AB150,2331,1918 948.45 (2) Subsection (1) does not apply to a person who has under his or her
19control a child who has been sanctioned under s. 49.50 (7) (h) 49.26 (1) (h).
AB150, s. 7242 20Section 7242. 948.60 (title), (2) and (3) of the statutes are amended to read:
AB150,2331,22 21948.60 (title) Possession of a dangerous weapon by a child person
22under 18
.
AB150,2331,24 23(2) (a) Any child person under 18 years of age who possesses or goes armed with
24a dangerous weapon is guilty of a Class A misdemeanor.
AB150,2332,3
1(b) Except as provided in par. (c), any person who intentionally sells, loans or
2gives a dangerous weapon to a child person under 18 years of age is guilty of a Class
3E felony.
AB150,2332,64 (c) Whoever violates par. (b) is guilty of a Class D felony if the child person
5under 18 years of age
under par. (b) discharges the firearm and the discharge causes
6death to himself, herself or another.
AB150,2332,87 (d) A child person under 17 years of age who has violated this subsection is
8subject to the provisions of ch. 48 unless jurisdiction is waived under s. 48.18
AB150,2332,16 9(3) (a) This section does not apply to a child person under 18 years of age who
10possesses or is armed with a dangerous weapon when the dangerous weapon is being
11used in target practice under the supervision of an adult or in a course of instruction
12in the traditional and proper use of the dangerous weapon under the supervision of
13an adult. This section does not apply to an adult who transfers a dangerous weapon
14to a child person under 18 years of age for use only in target practice under the adult's
15supervision or in a course of instruction in the traditional and proper use of the
16dangerous weapon under the adult's supervision.
AB150,2332,2117 (b) This section does not apply to a child person under 18 years of age who is
18a member of the armed forces or national guard and who possesses or is armed with
19a dangerous weapon in the line of duty. This section does not apply to an adult who
20is a member of the armed forces or national guard and who transfers a dangerous
21weapon to a child person under 18 years of age in the line of duty.
AB150,2333,222 (c) This section does not apply to a child person under 18 years of age who
23possesses or is armed with a firearm having a barrel 12 inches in length or longer and
24who is in compliance with ss. 29.226 and 29.227. This section does not apply to an

1adult who transfers a firearm having a barrel 12 inches in length or longer to a child
2person under 18 years of age who is in compliance with ss. 29.226 and 29.227.
AB150, s. 7243 3Section 7243. 948.61 (4) of the statutes is amended to read:
AB150,2333,54 948.61 (4) A child person under 17 years of age who has violated this section
5is subject to the provisions of ch. 48, unless jurisdiction is waived under s. 48.18.
AB150, s. 7244 6Section 7244. 951.01 (4) of the statutes is amended to read:
AB150,2333,97 951.01 (4) "Law enforcement officer" has the meaning assigned under s. 967.02
8(5) and includes a humane officer under s. 58.07 but does not include a conservation
9warden appointed under s. 23.10 or a state park ranger appointed under s. 27.92.
AB150, s. 7245 10Section 7245. 967.02 (2) of the statutes is amended to read:
AB150,2333,1211 967.02 (2) "Department" means the department of corrections, except as
12provided in s. ss. 973.135 (1) (a) and 975.001.
AB150, s. 7246 13Section 7246. 967.08 (2) (intro.) of the statutes is amended to read:
AB150,2333,1814 967.08 (2) (intro.) The court may permit the following proceedings to be
15conducted under sub. (1) with the consent of the defendant on the request of either
16party
. The defendant's consent and any request and the opposing party's showing
17of good cause for not conducting the proceeding under sub. (1) may be made by
18telephone.
AB150, s. 7247 19Section 7247. 970.01 (1) of the statutes is amended to read:
AB150,2334,520 970.01 (1) Any person who is arrested shall be taken within a reasonable time
21before a judge in the county in which the offense was alleged to have been committed.
22The person may waive physical appearance and request that the initial appearance
23may be conducted on the record by telephone or live audiovisual means under s.
24967.08. If the initial appearance is conducted by telephone or live audiovisual
25means, the person may waive physical appearance.
Waiver of physical appearance

1shall be placed on the record of the initial appearance and does not waive other
2grounds for challenging the court's personal jurisdiction. If the person does not waive
3physical appearance, conducting the initial appearance by telephone or live
4audiovisual means under s. 967.08 does not waive any grounds that the person has
5for challenging the court's personal jurisdiction.
AB150, s. 7248 6Section 7248. 971.11 (1) of the statutes is amended to read:
AB150,2334,157 971.11 (1) Whenever the warden or superintendent receives notice of an
8untried criminal case pending in this state against an inmate of a state prison, the
9warden or superintendent shall, at the request of the inmate, send by certified mail
10a written request to the district attorney for prompt disposition of the case. The
11request shall state the sentence then being served, the date of parole eligibility, if
12applicable,
the approximate discharge or conditional release date, and prior decision
13relating to parole. If there has been no preliminary examination on the pending case,
14the request shall state whether the inmate waives such examination, and, if so, shall
15be accompanied by a written waiver signed by the inmate.
AB150, s. 7249 16Section 7249. 971.23 (10) of the statutes is created to read:
AB150,2334,2317 971.23 (10) Payment of photocopy costs in cases involving indigent
18defendants.
When the state public defender or a private attorney appointed under
19s. 977.08 requests photocopies of any item that is discoverable under this section, the
20state public defender shall pay any fee charged for the photocopies from the
21appropriation under s. 20.550 (1) (a). If the person providing photocopies under this
22section charges the state public defender a fee for the photocopies, the fee may not
23exceed the actual, necessary and direct cost of photocopying.
AB150, s. 7250 24Section 7250. 973.01 of the statutes is repealed.
AB150, s. 7251 25Section 7251. 973.011 of the statutes is repealed.
AB150, s. 7252
1Section 7252. 973.012 of the statutes is repealed.
AB150, s. 7253 2Section 7253. 973.013 (3m) of the statutes is amended to read:
AB150,2335,173 973.013 (3m) If a person who has not attained the age of 16 years is sentenced
4to the Wisconsin state prisons, the department of corrections shall place the person
5at a secured juvenile correctional facility, unless the department of health and social
6services, after consultation with the department of
corrections , determines that
7placement in an institution under s. 302.01 is appropriate based on the person's prior
8record of adjustment in a correctional setting, if any; the person's present and
9potential vocational and educational needs, interests and abilities; the adequacy and
10suitability of available facilities; the services and procedures available for treatment
11of the person within the various institutions; the protection of the public; and any
12other considerations promulgated by the department of health and social services
13corrections by rule. This subsection does not preclude the department of corrections
14from designating an adult correctional institution as a reception center for the
15person and subsequently transferring the person to a secured juvenile correctional
16facility. Section 302.11 and ch. 304 apply to all persons placed in a secured juvenile
17correctional facility under this subsection.
AB150, s. 7254 18Section 7254. 973.014 (1) (c) of the statutes is created to read:
AB150,2335,2119 973.014 (1) (c) The person is not eligible for parole. This paragraph applies only
20if the court sentences a person for a crime committed on or after the effective date
21of this paragraph .... [revisor inserts date].
AB150, s. 7255 22Section 7255. 973.032 (2) (a) of the statutes is amended to read:
AB150,2336,523 973.032 (2) (a) A court may sentence a person under sub. (1) if the department
24provides a presentence investigation report recommending that the person be
25sentenced to the program. If the department does not make the recommendation,

1a court may order the department to assess and evaluate the person. After that
2assessment and evaluation, the court may sentence the person to the program unless
3the department objects on the ground that the presumptively appropriate sentence
4under the sentencing guideline matrices is
it recommends that the person be placed
5on
probation.
AB150, s. 7256 6Section 7256. 973.055 (3) of the statutes is amended to read:
AB150,2336,97 973.055 (3) All moneys collected from domestic abuse assessments shall be
8deposited by the state treasurer in s. 20.435 (7) (1) (hh) and utilized in accordance
9with s. 46.95.
AB150, s. 7257 10Section 7257. 973.06 (1) (e) of the statutes is amended to read:
AB150,2336,1411 973.06 (1) (e) Attorney fees payable to the defense attorney by the county or
12the state. If the court determines at the time of sentencing that the defendant's
13financial circumstances are changed, the court may adjust the amount in accordance
14with s. 977.07 (1) (a) and (2) (a).
AB150, s. 7258 15Section 7258. 973.135 (title) of the statutes is amended to read:
AB150,2336,17 16973.135 (title) Courts to report convictions to the state superintendent
17department of public instruction education.
AB150, s. 7259 18Section 7259. 973.135 (1) (a) of the statutes is renumbered 973.135 (1) (am).
AB150, s. 7260 19Section 7260. 973.135 (1) (a) of the statutes is created to read:
AB150,2336,20 20973.135 (1) (a) "Department" means the department of education.
AB150, s. 7261 21Section 7261. 973.135 (1) (b) of the statutes is repealed.
AB150, s. 7262 22Section 7262. 973.135 (2) of the statutes is amended to read:
AB150,2337,323 973.135 (2) If a court determines that a person convicted of a crime specified
24in ch. 948, including a crime specified in s. 948.015, a felony for which the maximum
25term of imprisonment is at least 5 years, 4th degree sexual assault under s. 940.225

1(3m) or a crime in which the victim was a child, is employed by an educational agency,
2the clerk of the court in which such conviction occurred shall promptly forward to the
3state superintendent department the record of conviction.
AB150, s. 7263 4Section 7263. 973.135 (3) of the statutes is amended to read:
AB150,2337,75 973.135 (3) If a conviction under sub. (2) is reversed, set aside or vacated, the
6clerk of the court shall promptly forward to the state superintendent department a
7certificate stating that the conviction has been reversed, set aside or vacated.
AB150, s. 7264 8Section 7264. 977.05 (4) (i) 7. of the statutes is repealed.
AB150, s. 7265 9Section 7265. 977.05 (4) (j) of the statutes is amended to read:
AB150,2337,1610 977.05 (4) (j) At the request of any person determined by the state public
11defender to be indigent or upon referral of any court, prosecute a writ of error, appeal,
12action or proceeding for habeas corpus or other postconviction or post-commitment
13remedy or attack the conditions of confinement on behalf of the person before any
14court, if the state public defender determines the case should be pursued. The state
15public defender must pursue the case of any indigent person entitled to counsel
16under s. 971.17 (7) (b) 1. or 980.03 (2) (a).
AB150, s. 7266 17Section 7266. 977.05 (6) (title) of the statutes is amended to read:
AB150,2337,1818 977.05 (6) (title) Restriction Restrictions.
AB150, s. 7267 19Section 7267. 977.05 (6) of the statutes is renumbered 977.05 (6) (a) and
20amended to read:
AB150,2337,2421 977.05 (6) (a) The state public defender shall may not provide legal services or
22assign counsel for cases involving a person subject to contempt of court proceedings
23involving the alleged failure of the person to pay a forfeiture to a county or
24municipality.
AB150, s. 7268 25Section 7268. 977.05 (6) (b) of the statutes is created to read:
AB150,2338,3
1977.05 (6) (b) The state public defender may not provide legal services or assign
2counsel for a person subject to contempt of court proceedings under s. 767.30 or
3767.305 for failure to pay child or family support, if any of the following applies:
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