AB100: Bill Text

AB100,1044,24 757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), or for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations or safety belt use violations under s. 347.48 (2m), there shall be imposed in addition a penalty surcharge under ch. 814 in an amount of 24% 25% of the fine or forfeiture imposed. If multiple offenses are involved, the penalty surcharge shall be based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or in part, the penalty surcharge shall be reduced in proportion to the suspension.

AB100, s. 2440 Section 2440. 757.05 (2) (a) of the statutes is amended to read:

AB100,1045,6 757.05 (2) (a) Law enforcement training fund. Forty-eight Forty-nine and one-half percent of all moneys collected from penalty surcharges under sub. (1) shall be credited to the appropriation account under s. 20.455 (2) (i) and utilized in accordance with ss. 20.455 (2) and 165.85 (5). The moneys credited to the appropriation account under s. 20.455 (2) (i), except for the moneys transferred to s. 20.455 (2) (jb), constitute the law enforcement training fund.

AB100, s. 2441 Section 2441. 767.078 (1) (a) 2. of the statutes is amended to read:

AB100,1045,9 767.078 (1) (a) 2. The child's right to support is assigned to the state under s. 46.261 (3), 48.57 (3m) (b) 2. or (3n) (b) 2., or 49.19 (4) (h) 1. b.

AB100, s. 2442 Section 2442. 767.29 (1m) (c) of the statutes is amended to read:

AB100,1045,15 767.29 (1m) (c) The party entitled to the support or maintenance money or a minor child of the party has applied for or is receiving aid to families with dependent children aid under s. 46.261 or public assistance under ch. 49 and there is an assignment to the state under s. 46.261 (3) or 49.19 (4) (h) 1. b. of the party's right to the support or maintenance money.

AB100, s. 2443 Section 2443. 767.29 (2) of the statutes is amended to read:

AB100,1046,12 767.29 (2) If any party entitled to maintenance payments or support money, or both, is receiving public assistance under ch. 49, the party may assign the party's right thereto to the county department under s. 46.215, 46.22, or 46.23 granting such assistance. Such assignment shall be approved by order of the court granting the maintenance payments or support money, and may be terminated in like manner; except that it shall not be terminated in cases where there is any delinquency in the amount of maintenance payments and support money previously ordered or adjudged to be paid to the assignee without the written consent of the assignee or upon notice to the assignee and hearing. When an assignment of maintenance payments or support money, or both, has been approved by the order, the assignee shall be deemed a real party in interest within s. 803.01 but solely for the purpose of securing payment of unpaid maintenance payments or support money adjudged or ordered to be paid, by participating in proceedings to secure the payment thereof. Notwithstanding assignment under this subsection, and without further order of the court, the department or its designee, upon receiving notice that a party or a minor child of the parties is receiving aid under s. 46.261 or public assistance under ch. 49 or that a kinship care relative or long-term kinship care relative of the minor child is receiving kinship care payments or long-term kinship care payments for the minor child, shall forward all support assigned under s. 46.261 (3), 48.57 (3m) (b) 2. or (3n) (b) 2., 49.19 (4) (h) 1., or 49.45 (19) to the assignee under s. 46.261 (3), 48.57 (3m) (b) 2. or (3n) (b) 2., 49.19 (4) (h) 1., or 49.45 (19).

AB100, s. 2444 Section 2444. 767.29 (4) of the statutes is amended to read:

AB100,1046,21 767.29 (4) If an order or judgment providing for the support of one or more children not receiving aid under s. 46.261, 48.57 (3m) or (3n), or 49.19 includes support for a minor who is the beneficiary of aid under s. 46.261, 48.57 (3m) or (3n), or 49.19, any support payment made under the order or judgment is assigned to the state under s. 46.261 (3), 48.57 (3m) (b) 2. or (3n) (b) 2., or 49.19 (4) (h) 1. b. in the amount that is the proportionate share of the minor receiving aid under s. 46.261, 48.57 (3m) or (3n), or 49.19, except as otherwise ordered by the court on the motion of a party.

AB100, s. 2445 Section 2445. 779.41 (1m) of the statutes is amended to read:

AB100,1047,2 779.41 (1m) Annually, on January 1, the department of agriculture, trade and consumer protection justice shall adjust the dollar amounts identified under sub. (1) (intro.), (a), (b), and (c) 1. to 4. by the annual change in the consumer price index, as determined under s. 16.004 (8) (e) 1., and publish the adjusted figures.

AB100, s. 2446 Section 2446. 779.93 (title) of the statutes is amended to read:

AB100,1047,5 779.93 (title) Duties of the department of agriculture, trade and consumer protection justice.

AB100, s. 2447 Section 2447. 779.93 (1) of the statutes is amended to read:

AB100,1047,11 779.93 (1) The department of agriculture, trade and consumer protection justice shall investigate violations of this subchapter and attempts to circumvent this subchapter. The department of agriculture, trade and consumer protection justice may subpoena persons and records to facilitate its investigations, and may enforce compliance with such subpoenas as provided in s. 885.12.

AB100, s. 2448 Section 2448. 779.93 (2) (intro.) of the statutes is amended to read:

AB100,1047,15 779.93 (2) (intro.) The department of agriculture, trade and consumer protection justice may in, on behalf of the state or in on behalf of any person who holds a prepaid maintenance lien:

AB100, s. 2449 Section 2449. 814.75 (5m) of the statutes is created to read:

AB100,1047,18 814.75 (5m) The child abuse prevention and child mental health surcharge under s. 973.044.

AB100, s. 2450 Section 2450. 814.76 (4m) of the statutes is created to read:

AB100,1047,21 814.76 (4m) The child abuse prevention and child mental health surcharge under s. 973.044.

AB100, s. 2451 Section 2451. 814.86 (1) of the statutes is amended to read:

AB100,1048,6 814.86 (1) Except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $9 $12 justice information system surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62 (1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in addition to the surcharge listed in sub. (1m).

AB100, s. 2452 Section 2452. 885.38 (3) (a) (intro.) of the statutes is amended to read:

AB100,1048,13 885.38 (3) (a) (intro.) In criminal proceedings and in proceedings under ch. 48, 51, 55, or 938, if If the court determines that the person has limited English proficiency and that an interpreter is necessary, the court shall advise the person that he or she has the right to a qualified interpreter and that, if the person cannot afford one, an interpreter will be provided at the public's expense if the person is one of the following:

AB100, s. 2453 Section 2453. 885.38 (8) (a) (intro.) of the statutes is amended to read:

AB100,1048,17 885.38 (8) (a) (intro.) Except as provided in par. (b), the necessary expenses of providing qualified interpreters to indigent persons with limited English proficiency under this section shall be paid as follows:

AB100, s. 2454 Section 2454. 891.455 (4) of the statutes is amended to read:

AB100,1048,22 891.455 (4) The presumption under sub. (2) for cancers caused by smoking or tobacco product use shall not apply to any municipal fire fighter who smokes cigarettes, as defined in s. 139.30 (1) (1m), or who uses a tobacco product, as defined in s. 139.75 (12), after January 1, 2001.

AB100, s. 2455 Section 2455. 909.02 (4) of the statutes is amended to read:

AB100,1049,6 909.02 (4) Certified copies of public records. A copy of an official record or report or entry therein, or of a document authorized by law to be recorded or filed and actually recorded or filed in a public office, including data compilations in any form, certified as correct by the custodian or other person authorized to make the certification, by certificate complying with sub. (1), (2) or (3) or complying with any statute or rule adopted by the supreme court, or, with respect to records maintained under s. 343.23, certified electronically in any manner determined by the department of transportation to conform with the requirements of s. 909.01.

AB100, s. 2456 Section 2456. 938.09 (2) of the statutes is amended to read:

AB100,1049,14 938.09 (2) By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter concerning a civil law violation arising under s. 938.125. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration justice of that change by January 1 of that odd-numbered year.

AB100, s. 2457 Section 2457. 938.09 (5) of the statutes is amended to read:

AB100,1049,21 938.09 (5) By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter arising under s. 938.13. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration justice of that change by January 1 of that odd-numbered year.

AB100, s. 2458 Section 2458. 938.33 (4) (intro.) of the statutes is amended to read:

AB100,1050,4 938.33 (4) Other out-of-home placements. (intro.) A report recommending placement in a foster home, treatment foster home, group home, or nonsecured residential care center for children and youth or, in the home of a relative other than a parent, or in the home of a guardian under s. 48.977 (2) shall be in writing, except that the report may be presented orally at the dispositional hearing if all parties consent. A report that is presented orally shall be transcribed and made a part of the court record. The report shall include all of the following:

AB100, s. 2459 Section 2459. 938.345 (4) of the statutes is created to read:

AB100,1050,9 938.345 (4) If the court finds that a juvenile is in need of protection or services under s. 938.13 (4), the court, instead of or in addition to any other disposition imposed under sub. (1), may place the juvenile in the home of a guardian under s. 48.977 (2).

AB100, s. 2460 Section 2460. 938.57 (1) (c) of the statutes is amended to read:

AB100,1050,24 938.57 (1) (c) Provide appropriate protection and services for juveniles in its care, including providing services for juveniles and their families in their own homes, placing the juveniles in licensed foster homes, licensed treatment foster homes, or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody, placing the juveniles in the homes of guardians under s. 48.977 (2), or contracting for services for them by licensed child welfare agencies or replacing them in secured correctional facilities, secured child caring institutions, or secured group homes in accordance with rules promulgated under ch. 227, except that the county department may not purchase the educational component of private day treatment programs unless the county department, the school board , as defined in s. 115.001 (7), and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the state superintendent of public instruction.

AB100, s. 2461 Section 2461. 938.57 (3) (a) 4. of the statutes is amended to read:

AB100,1051,3 938.57 (3) (a) 4. Is living in a foster home, treatment foster home, group home, or, residential care center for children and youth, or subsidized guardianship home under s. 48.62 (5).

AB100, s. 2462 Section 2462. 938.78 (2) (h) of the statutes is created to read:

AB100,1051,22 938.78 (2) (h) Paragraph (a) does not prohibit an agency from entering the content of any record kept or information received about an individual in its care or legal custody into the statewide automated child welfare information system established under s. 46.03 (7) (g). Paragraph (a) also does not prohibit a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, the department of health and family services, the department of corrections, or any other organization that has entered into an information sharing and access agreement with one of those county departments or departments and that has been approved for access to the statewide automated child welfare information system by the department of health and family services from having access to information concerning a client of that county department, department, or organization under this chapter or ch. 48 or 51 that is maintained in the statewide automated child welfare information system, if necessary to enable the county department, department, or organization to perform its duties under this chapter or ch. 48 or 51 or to coordinate the delivery of services under this chapter or ch. 48 or 51 to the client. Before entering any information about an individual into the statewide automated child welfare information system, the agency entering the information shall notify the individual that the information entered may be disclosed as provided in this paragraph.

AB100, s. 2463 Section 2463. 939.621 of the statutes is renumbered 939.621 (2) and amended to read:

AB100,1052,9 939.621 (2) If a person commits an act of domestic abuse, as defined in s. 968.075 (1) (a) and the act constitutes the commission of a crime, the maximum term of imprisonment for that crime may be increased by not more than 2 years if the crime is committed during the 72 hours immediately following an arrest for a domestic abuse incident, as set forth in s. 968.075 (5). The 72-hour period applies whether or not there has been a waiver by the victim under s. 968.075 (5) (c). The victim of the domestic abuse crime does not have to be the same as the victim of the domestic abuse incident that resulted in the arrest. The penalty increase under this section changes the status of a misdemeanor to a felony.

AB100, s. 2464 Section 2464. 939.621 (1) of the statutes is created to read:

AB100,1052,12 939.621 (1) In this section, "domestic abuse" has the meaning given in s. 968.075 (1) (a).

AB100, s. 2465 Section 2465. 939.621 (3) of the statutes is created to read:

AB100,1052,16 939.621 (3) If a court places a person on probation for a misdemeanor and any of the following apply, the maximum original term of probation under s. 973.09 (2) is two years:

AB100,1052,17 (a) The person committed the misdemeanor while possessing a firearm.

AB100,1052,18 (b) The misdemeanor is an act of domestic abuse.

AB100,1052,19 (c) The misdemeanor is a violation of s. 940.225 (3m) or ch. 948.

AB100, s. 2466 Section 2466. 944.21 (8) (b) 3. a. of the statutes is amended to read:

AB100,1052,23 944.21 (8) (b) 3. a. Is a technical college, is a school approved by the educational approval board under s. 45.54 38.50 or is a school described in s. 45.54 38.50 (1) (e) 6., 7. or 8.; and

AB100, s. 2467 Section 2467. 948.11 (4) (b) 3. a. of the statutes is amended to read:

AB100,1053,3 948.11 (4) (b) 3. a. Is a technical college, is a school approved by the educational approval board under s. 45.54 38.50 or is a school described in s. 45.54 38.50 (1) (e) 6., 7. or 8.; and

AB100, s. 2468 Section 2468. 973.044 of the statutes is created to read:

AB100,1053,8 973.044 Child abuse prevention and child mental health surcharge. (1) If a court imposes a sentence or places a person on probation, the court shall impose a child abuse prevention and child mental health surcharge of $20 for each misdemeanor offense or count and for each felony offense or count.

AB100,1053,12 (2) After the clerk determines the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under s. 59.25 (3) (f) 2.

AB100,1053,17 (3) The clerk shall record the child abuse prevention and child mental health surcharge. For each misdemeanor offense or count and for each felony offense or count, the secretary of administration shall credit $6 to the appropriation account under s. 20.433 (1) (h) and shall credit $14 to the appropriation account under s. 20.435 (3) (gb).

AB100,1053,22 (4) If an inmate in a state prison or a person sentenced to a state prison has not paid the child abuse prevention and child mental health surcharge under this section, the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the secretary of administration.

AB100, s. 2469 Section 2469. 973.045 (1) (a) of the statutes is amended to read:

AB100,1053,24 973.045 (1) (a) For each misdemeanor offense or count, $50 $60.

AB100, s. 2470 Section 2470. 973.045 (1) (b) of the statutes is amended to read:

AB100,1054,1 973.045 (1) (b) For each felony offense or count, $70 $85.

AB100, s. 2471 Section 2471. 973.045 (3) (a) 1. of the statutes is amended to read:

AB100,1054,4 973.045 (3) (a) 1. Part A equals $30 $40 for each misdemeanor offense or count and $50 $65 for each felony offense or count.

AB100, s. 2472 Section 2472. 973.05 (2m) of the statutes is amended to read:

AB100,1055,4 973.05 (2m) Payments under this section shall be applied first to payment of the penalty surcharge until paid in full, shall then be applied to the payment of the jail surcharge until paid in full, shall then be applied to the payment of part A of the crime victim and witness assistance surcharge until paid in full, shall then be applied to part B of the crime victim and witness assistance surcharge until paid in full, shall then be applied to the child abuse prevention and child mental health surcharge until paid in full, shall then be applied to the crime laboratories and drug law enforcement surcharge until paid in full, shall then be applied to the deoxyribonucleic acid analysis surcharge until paid in full, shall then be applied to the drug abuse program improvement surcharge until paid in full, shall then be applied to payment of the driver improvement surcharge until paid in full, shall then be applied to the truck driver education surcharge if applicable until paid in full, shall then be applied to payment of the domestic abuse surcharge until paid in full, shall then be applied to payment of the consumer protection surcharge until paid in full, shall then be applied to payment of the natural resources surcharge if applicable until paid in full, shall then be applied to payment of the natural resources restitution surcharge until paid in full, shall then be applied to the payment of the environmental surcharge if applicable until paid in full, shall then be applied to the payment of the wild animal protection surcharge if applicable until paid in full, shall then be applied to payment of the weapons surcharge until paid in full, shall then be applied to payment of the uninsured employer surcharge until paid in full, shall then be applied to payment of the enforcement surcharge under s. 253.06 (4) (c), if applicable, until paid in full, and shall then be applied to payment of the fine and the costs and fees imposed under ch. 814.

AB100, s. 2473 Section 2473. 973.09 (1) (a) of the statutes is amended to read:

AB100,1055,15 973.09 (1) (a) Except as provided in par. (c) or if probation is prohibited for a particular offense by statute, if a person is convicted of a crime, the court, by order, may withhold sentence or impose sentence under s. 973.15 and stay its execution, and in either case place the person on probation to the department for a stated period, stating in the order the reasons therefor. The court may impose any conditions which appear to be reasonable and appropriate. The period of probation may be made consecutive to a sentence on a different charge, whether imposed at the same time or previously. If the court imposes an increased term of probation, as authorized under sub. (2) (a) 2. or (b) 2. or s. 939.621 (3), it shall place its reasons for doing so on the record.

AB100, s. 2474 Section 2474. 973.09 (2) (a) 1. of the statutes is amended to read:

AB100,1055,18 973.09 (2) (a) 1. Except as provided in subd. 2. and s. 939.621 (3), for Class A misdemeanors, not less than 6 months nor more than 2 years one year.

AB100, s. 2475 Section 2475. 973.09 (2) (a) 1m. of the statutes is created to read:

AB100,1055,21 973.09 (2) (a) 1m. Except as provided in subd. 2. and s. 939.621 (3), for misdemeanors not covered by subd. 1., not more than 6 months.

AB100, s. 2476 Section 2476. 978.03 (1) of the statutes is amended to read:

AB100,1056,7 978.03 (1) The district attorney of any prosecutorial unit having a population of 500,000 or more may appoint 5 deputy district attorneys and such assistant district attorneys as may be requested by the department of administration justice and authorized in accordance with s. 16.505. The district attorney shall rank the deputy district attorneys for purposes of carrying out duties under this section. The deputies, according to rank, may perform any duty of the district attorney, under the district attorney's direction. In the absence or disability of the district attorney, the deputies, according to rank, may perform any act required by law to be performed by the district attorney. Any such deputy must have practiced law in this state for at least 2 years prior to appointment under this section.

AB100, s. 2477 Section 2477. 978.03 (1m) of the statutes is amended to read:

AB100,1056,19 978.03 (1m) The district attorney of any prosecutorial unit having a population of 200,000 or more but not more than 499,999 may appoint 3 deputy district attorneys and such assistant district attorneys as may be requested by the department of administration justice and authorized in accordance with s. 16.505. The district attorney shall rank the deputy district attorneys for purposes of carrying out duties under this section. The deputies, according to rank, may perform any duty of the district attorney, under the district attorney's direction. In the absence or disability of the district attorney, the deputies, according to rank, may perform any act required by law to be performed by the district attorney. Any such deputy must have practiced law in this state for at least 2 years prior to appointment under this section.

AB100, s. 2478 Section 2478. 978.03 (2) of the statutes is amended to read:

AB100,1057,4 978.03 (2) The district attorney of any prosecutorial unit having a population of 100,000 or more but not more than 199,999 may appoint one deputy district attorney and such assistant district attorneys as may be requested by the department of administration justice and authorized in accordance with s. 16.505. The deputy may perform any duty of the district attorney, under the district attorney's direction. In the absence or disability of the district attorney, the deputy may perform any act required by law to be performed by the district attorney. The deputy must have practiced law in this state for at least 2 years prior to appointment under this section.

AB100, s. 2479 Section 2479. 978.03 (3) of the statutes is amended to read:

AB100,1057,11 978.03 (3) Any assistant district attorney under sub. (1), (1m), or (2) must be an attorney admitted to practice law in this state and, except as provided in ss. s. 978.043 and 978.044, may perform any duty required by law to be performed by the district attorney. The district attorney of the prosecutorial unit under sub. (1), (1m), or (2) may appoint such temporary counsel as may be authorized by the department of administration justice.

AB100, s. 2480 Section 2480. 978.04 of the statutes is amended to read: