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SB769,14 14Section 14. 939.6197 of the statutes is created to read:
SB769,6,20 15939.6197 Mandatory minimum sentence for operating a vehicle
16without owner's consent.
If a person is convicted of a violation of s. 943.23, the
17court shall impose a bifurcated sentence under s. 973.01. The term of confinement
18in prison portion of a bifurcated sentence imposed under this section may not be less
19than 30 days, but otherwise the penalties for the crime apply, subject to any
20applicable penalty enhancement.
SB769,15 21Section 15. 943.23 (1g) of the statutes is amended to read:
SB769,6,2422 943.23 (1g) Whoever, while possessing a dangerous weapon and by the use of,
23or the threat of the use of, force or the weapon against another, intentionally takes
24any vehicle without the consent of the owner is guilty of a Class C B felony.
SB769,16 25Section 16. 943.23 (1r) of the statutes is amended to read:
SB769,7,3
1943.23 (1r) Whoever, by the use of force against another or by the threat of the
2use of force against another, intentionally takes any vehicle without the consent of
3the owner is guilty of a Class E D felony.
SB769,17 4Section 17. 943.23 (2) (a) of the statutes is amended to read:
SB769,7,55 943.23 (2) (a) Except as provided in par. (b), a Class H G felony.
SB769,18 6Section 18. 943.23 (2) (b) of the statutes is amended to read:
SB769,7,77 943.23 (2) (b) For a 2nd or subsequent offense, a Class F E felony.
SB769,19 8Section 19. 943.23 (2g) of the statutes is amended to read:
SB769,7,119 943.23 (2g) Except as provided in sub. (3m), whoever intentionally takes and
10drives any commercial motor vehicle without the consent of the owner is guilty of a
11Class G F felony.
SB769,20 12Section 20. 943.23 (3) (a) of the statutes is amended to read:
SB769,7,1313 943.23 (3) (a) Except as provided in par. (b), a Class I H felony.
SB769,21 14Section 21. 943.23 (3) (b) of the statutes is amended to read:
SB769,7,1515 943.23 (3) (b) For a 2nd or subsequent offense, a Class G F felony.
SB769,22 16Section 22. 943.23 (3g) of the statutes is amended to read:
SB769,7,1917 943.23 (3g) Except as provided in sub. (3m), whoever intentionally drives or
18operates any commercial motor vehicle without the consent of the owner is guilty of
19a Class H G felony.
SB769,23 20Section 23. 967.055 (2) (c) of the statutes is created to read:
SB769,8,221 967.055 (2) (c) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss or
22amend a charge under s. 346.62 (2) to (4) or a local ordinance in conformity therewith,
23the prosecutor shall apply to the court. The application shall state the reasons for
24the proposed amendment or dismissal. The court may approve the application only

1if the court finds that the proposed amendment or dismissal is consistent with the
2public's interest in deterring the negligent operation of motor vehicles.
SB769,24 3Section 24 . 967.055 (2) (d) of the statutes is created to read:
SB769,8,94 967.055 (2) (d) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss
5or amend a charge under s. 346.04 (3), the prosecutor shall apply to the court. The
6application shall state the reasons for the proposed amendment or dismissal. The
7court may approve the application only if the court finds that the proposed
8amendment or dismissal is consistent with the public's interest in deterring fleeing
9from an officer.
SB769,25 10Section 25. 967.056 of the statutes is created to read:
SB769,8,20 11967.056 Prosecution of offenses; theft of a vehicle. Notwithstanding s.
12971.29, if the prosecutor seeks to dismiss or amend a charge under s. 943.23 or a local
13ordinance in conformity therewith, the prosecutor shall apply to the court. The
14application shall state the reasons for the proposed amendment or dismissal. The
15court may approve the application only if the court finds that the proposed
16amendment or dismissal is consistent with the public's interest in deterring the theft
17of motor vehicles. The court may not approve an application to amend the vehicle
18classification from a commercial motor vehicle to a noncommercial motor vehicle
19unless there is evidence in the record that the motor vehicle being operated by the
20defendant at the time of his or her arrest was not a commercial motor vehicle.
SB769,26 21Section 26. 973.0337 of the statutes is created to read:
SB769,9,3 22973.0337 Sentencing; victim impact panels. If a person pleads guilty to or
23is found guilty of a criminal violation of s. 346.62 (2), (3), or (4) or 943.23, the court
24may order the person to attend a program, such as a victim impact panel, that
25demonstrates the adverse effects of the person's acts on a victim or a victim's family

1in addition to any forfeiture or penalty imposed. The court may order the defendant
2to pay a reasonable fee, based on the person's ability to pay, to offset the costs of
3assembling and holding the program ordered under this section.
SB769,27 4Section 27. Initial applicability.
SB769,9,105 (1) The treatment of ss. 938.266, 939.6197, 943.23 (1g), (1r), (2) (a) and (b), (2g),
6(3) (a) and (b), and (3g), and 967.056, the renumbering and amendment of s. 938.34
7(14m), and the creation of s. 938.34 (14m) (b) first apply to an offense committed on
8the effective date of this subsection but does not preclude the counting of an offense
9committed before the effective date of this subsection as a prior offense for the
10purposes of sentencing.
SB769,9,1211 (2) The treatment of ss. 973.0337 and 938.34 (8m) first applies to a sentence
12or a dispositional order entered on the effective date of this subsection.
SB769,9,1313 (End)
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