2001 Wisconsin Act 109

Click here for the text of the full Act.

(effective date: February 1, 2003)

Act 109's Truth in Sentencing modifications take effect on February 1, 2003. A few minor offenses remain unclassified including:

- OWI with a minor passanger (3rd or 4th offense) under § 346.65(2)(f), and

- Felony enhancement for committing domestic abuse during the 72-hour period following a domestic abuse incident under § 939.621.

Criminal Code Reclassification:

Under Act 109, all felonies are assigned a letter classification of A through I. The maximum term of imprisonment, the maximum term of initial confinement, the maximum term of extended supervision (ES) and maximum fine for each of those classifications are below.

Felony Classification	Max Term - Imprisonment	Max - Initial Confinement	Max - ES	Max Fine
A	Life	Life		---
B	60 years	40 years	20 years	---
C	40 years	25 years	15 years	$100,000
D	25 years	15 years	10 years	$100,000
E	15 years	10 years	5 years	$50,000
F	12.5 years	7.5 years	5 years	$25,000
G	10 years	5 years	5 years	$25,000
H	6 years	3 years	3 years	$10,000
I	3.5 years	1.5 years	2 years	$10,000

Fleeing and Eluding

Section 466. 346.17 (3) (a) of the statutes is amended to read:

346.17 (3) (a) Except as prvided in par. (b), (c) or (d), any person violating s. 346.04 (3) shall be fined not less than $600 nor more than $10,000 and may be imprisoned for not more than 3 years is guilty of a Class I felony.

OWI 5th and Subsequent Offenses

Section 457. 346.65 (2) (e) of the statutes is amended to read:
346.65 (2) (e) Except as provided in pars. (f) and (g), is guilty of a Class H felony and shall be fined not less the $600 no more than $2,000 and imprisoned for not less than 6 months nor more than 5 years if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations and other convictions counder under s. 343.307 (1), equals 5 or more, except that suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one. (Italic text is stricken)