AB853: Bill Text

AB853,13 Section 13. 938.34 (14m) (b) of the statutes is created to read:

AB853,6,13 938.34 (14m) (b) In addition to any other dispositions imposed under this section, if the juvenile is found to have violated s. 943.23, the court shall place the juvenile in secured custody under sub. (3) (f) or (4m) for a minimum period of 30 days.

AB853,14 Section 14. 939.6197 of the statutes is created to read:

AB853,6,20 939.6197 Mandatory minimum sentence for operating a vehicle without owner's consent. If a person is convicted of a violation of s. 943.23, the court shall impose a bifurcated sentence under s. 973.01. The term of confinement in prison portion of a bifurcated sentence imposed under this section may not be less than 30 days, but otherwise the penalties for the crime apply, subject to any applicable penalty enhancement.

AB853,15 Section 15. 943.23 (1g) of the statutes is amended to read:

AB853,6,24 943.23 (1g) Whoever, while possessing a dangerous weapon and by the use of, or the threat of the use of, force or the weapon against another, intentionally takes any vehicle without the consent of the owner is guilty of a Class C B felony.

AB853,16 Section 16. 943.23 (1r) of the statutes is amended to read:

AB853,7,3 943.23 (1r) Whoever, by the use of force against another or by the threat of the use of force against another, intentionally takes any vehicle without the consent of the owner is guilty of a Class E D felony.

AB853,17 Section 17. 943.23 (2) (a) of the statutes is amended to read:

AB853,7,5 943.23 (2) (a) Except as provided in par. (b), a Class H G felony.

AB853,18 Section 18. 943.23 (2) (b) of the statutes is amended to read:

AB853,7,7 943.23 (2) (b) For a 2nd or subsequent offense, a Class F E felony.

AB853,19 Section 19. 943.23 (2g) of the statutes is amended to read:

AB853,7,11 943.23 (2g) Except as provided in sub. (3m), whoever intentionally takes and drives any commercial motor vehicle without the consent of the owner is guilty of a Class G F felony.

AB853,20 Section 20. 943.23 (3) (a) of the statutes is amended to read:

AB853,7,13 943.23 (3) (a) Except as provided in par. (b), a Class I H felony.

AB853,21 Section 21. 943.23 (3) (b) of the statutes is amended to read:

AB853,7,15 943.23 (3) (b) For a 2nd or subsequent offense, a Class G F felony.

AB853,22 Section 22. 943.23 (3g) of the statutes is amended to read:

AB853,7,19 943.23 (3g) Except as provided in sub. (3m), whoever intentionally drives or operates any commercial motor vehicle without the consent of the owner is guilty of a Class H G felony.

AB853,23 Section 23. 967.055 (2) (c) of the statutes is created to read:

AB853,8,2 967.055 (2) (c) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss or amend a charge under s. 346.62 (2) to (4) or a local ordinance in conformity therewith, the prosecutor shall apply to the court. The application shall state the reasons for the proposed amendment or dismissal. The court may approve the application only if the court finds that the proposed amendment or dismissal is consistent with the public's interest in deterring the negligent operation of motor vehicles.

AB853,24 Section 24 . 967.055 (2) (d) of the statutes is created to read:

AB853,8,9 967.055 (2) (d) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss or amend a charge under s. 346.04 (3), the prosecutor shall apply to the court. The application shall state the reasons for the proposed amendment or dismissal. The court may approve the application only if the court finds that the proposed amendment or dismissal is consistent with the public's interest in deterring fleeing from an officer.

AB853,25 Section 25. 967.056 of the statutes is created to read:

AB853,8,20 967.056 Prosecution of offenses; theft of a vehicle. Notwithstanding s. 971.29, if the prosecutor seeks to dismiss or amend a charge under s. 943.23 or a local ordinance in conformity therewith, the prosecutor shall apply to the court. The application shall state the reasons for the proposed amendment or dismissal. The court may approve the application only if the court finds that the proposed amendment or dismissal is consistent with the public's interest in deterring the theft of motor vehicles. The court may not approve an application to amend the vehicle classification from a commercial motor vehicle to a noncommercial motor vehicle unless there is evidence in the record that the motor vehicle being operated by the defendant at the time of his or her arrest was not a commercial motor vehicle.

AB853,26 Section 26. 973.0337 of the statutes is created to read:

AB853,9,3 973.0337 Sentencing; victim impact panels. If a person pleads guilty to or is found guilty of a criminal violation of s. 346.62 (2), (3), or (4) or 943.23, the court may order the person to attend a program, such as a victim impact panel, that demonstrates the adverse effects of the person's acts on a victim or a victim's family in addition to any forfeiture or penalty imposed. The court may order the defendant to pay a reasonable fee, based on the person's ability to pay, to offset the costs of assembling and holding the program ordered under this section.

AB853,27 Section 27. Initial applicability.

AB853,9,10 (1) The treatment of ss. 938.266, 939.6197, 943.23 (1g), (1r), (2) (a) and (b), (2g), (3) (a) and (b), and (3g), and 967.056, the renumbering and amendment of s. 938.34 (14m), and the creation of s. 938.34 (14m) (b) first apply to an offense committed on the effective date of this subsection but does not preclude the counting of an offense committed before the effective date of this subsection as a prior offense for the purposes of sentencing.

AB853,9,12 (2) The treatment of ss. 973.0337 and 938.34 (8m) first applies to a sentence or a dispositional order entered on the effective date of this subsection.

AB853,9,13 (End)