Amendment AA1-SB406

LRBa2288/1

CMH:kjf

2015 - 2016 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO SENATE BILL 406

February 16, 2016 - Offered by Representatives Loudenbeck and Hebl.

SB406-AA1,1,1 At the locations indicated, amend the bill as follows:

SB406-AA1,1,3 1. Page 1, line 2: after "violations" insert "and procedures for extending or expanding John Doe proceedings".

SB406-AA1,1,4 2. Page 2, line 13: after that line insert:

SB406-AA1,1,6 " Section 3g. 968.26 (5) (a) 2. and (b) of the statutes, as created by 2015 Wisconsin Act 64, are amended to read:

SB406-AA1,2,7 968.26 (5) (a) 2. The period under subd. 1. may be extended only if a majority of judicial administrative district chief judges find the district attorney files a petition to extend the time. The petition shall show good cause for the extension and identification of the vote of each judge is may be supported by affidavit. The clerk shall forward any petition received under this subdivision to the chief judge of the judicial administrative district or, if the chief judge of the judicial administrative district is presiding over the proceeding that is the subject of the petition, to a chief judge of an adjoining judicial administrative district. The decision of the chief judge on whether to grant or deny the extension shall be available to the public. The period under subd. 1. may be extended an unlimited number of times, but each extension may be for no more than 6 months and, for each extension, a majority of judicial administrative district chief judges the chief judge must find good cause and the identification of the vote of each judge his or her decision must be available to the public.

SB406-AA1,2,22 (b) A proceeding may not investigate a crime that was not part of the original request under sub. (1m) or complaint under sub. (2) (a), whichever is appropriate, unless a majority of judicial administrative district chief judges find the district attorney files a petition to investigate a specified crime that was not part of the original request. The petition shall show good cause to add any specified crimes crime and the identification of the vote of each judge is may be supported by affidavit. The clerk shall forward any petition received under this paragraph to the chief judge of the judicial administrative district or, if the chief judge of the judicial administrative district is presiding over the proceeding that is the subject of the petition, to a chief judge of an adjoining judicial administrative district. The decision of the chief judge on whether to grant or deny the expansion shall be available to the public. An unlimited number of specified crimes may be added but, for each addition of a specified crime, a majority of judicial administrative district chief judges the chief judge must find good cause and the identification of the vote of each judge his or her decision must be available to the public.

SB406-AA1,3h Section 3h. 968.26 (5) (c) of the statutes, as created by 2015 Wisconsin Act 64, is repealed.".

SB406-AA1,3,2 3. Page 2, line 15: delete "This act" and substitute "The treatment of sections 345.34 (1), 345.35, and 345.36 (title) and (1) of the statutes".

SB406-AA1,3,3 4. Page 2, line 16: after that line insert:

SB406-AA1,3,6 "(2g) The treatment of section 968.26 (5) (a) 2. and (b) of the statutes first applies to motions under section 968.26 (5) (a) 2. and (b) of the statutes filed on the effective date of this subsection.".

SB406-AA1,3,7 (End)