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LRBs0053/1
CMH:emw&amn
2017 - 2018 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 91
April 19, 2017 - Offered by Representative Sanfelippo.
AB91-ASA1,1,1 1An Act to create 971.368 of the statutes; relating to: undesignated felonies.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB91-ASA1,1 2Section 1 . 971.368 of the statutes is created to read:
AB91-ASA1,2,3 3971.368 Undesignated felony. (1) If a defendant is convicted of a crime
4punishable as a Class I felony, the court may enter the judgment of conviction as an
5undesignated felony if the court determines that the felony was not a violent crime
6and did not involve a weapon; the defendant has not been previously convicted of a
7felony before the current conviction and has not had a judgment amended to a Class
8A misdemeanor under sub. (3); the best interests of the community will be served and
9the public will not be harmed by the disposition; and the sentence for a felony would
10be unduly harsh given the nature and the circumstances of the crime and the history
11and character of the defendant. If the court enters the judgment as an undesignated

1felony, the felony shall be recorded as a U felony and the court shall impose a sentence
2with the maximum penalties being the same as the maximum penalties for a Class
3I felony.
AB91-ASA1,2,8 4(2) One year after the defendant completes the sentence under sub. (1),
5including any parole or extended supervision, or, if placed on probation, one year
6after the defendant completes the period of probation, the defendant may file a
7petition with the court to amend of the judgment of conviction to designate the U
8felony as a Class I felony or a Class A misdemeanor.
AB91-ASA1,2,18 9(3) If the defendant was convicted of a crime since the judgment was entered
10under sub. (1), had his or her parole or extended supervision revoked while serving
11a sentence imposed under sub. (1), or, if placed on probation under sub. (1), had his
12or her probation revoked, the court shall, upon receiving the petition under sub. (2),
13amend the judgment to a Class I felony without a hearing. Otherwise, the court shall
14schedule a hearing to amend the judgment to a Class I felony or a Class A
15misdemeanor within 90 days of receiving the petition. If the court schedules a
16hearing to amend the judgment and the court amends the judgment to a Class A
17misdemeanor, the defendant shall be treated as if the original conviction was for a
18misdemeanor.
AB91-ASA1,2,21 19(4) After the entry of judgment under sub. (1) and before the court amends the
20judgment under sub. (3), or if the defendant does not file a petition under sub. (2),
21the defendant shall be treated as if the conviction were for a felony.
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