AB100: Bill Text

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:

AB100,1057,20 978.04 Assistants in certain prosecutorial units. The district attorney of any prosecutorial unit having a population of less than 100,000 may appoint one or more assistant district attorneys as necessary to carry out the duties of his or her office and as may be requested by the department of administration justice and authorized in accordance with s. 16.505. Any such assistant district attorney must be an attorney admitted to practice law in this state and, except as provided in s. 978.043, may perform any duty required by law to be performed by the district attorney.

AB100, s. 2481 Section 2481. 978.044 of the statutes is repealed.

AB100, s. 2482 Section 2482. 978.045 (1g) of the statutes is amended to read:

AB100,1058,9 978.045 (1g) A court on its own motion may appoint a special prosecutor under sub. (1r) or a district attorney may request a court to appoint a special prosecutor under that subsection. Before a court appoints a special prosecutor on its own motion or at the request of a district attorney for an appointment that exceeds 6 hours per case, the court or district attorney shall request assistance from a district attorney, deputy district attorney or assistant district attorney from other prosecutorial units or an assistant attorney general. A district attorney requesting the appointment of a special prosecutor, or a court if the court is appointing a special prosecutor on its own motion, shall notify the department of administration justice, on a form provided by that department, of the district attorney's or the court's inability to obtain assistance from another prosecutorial unit or from an assistant attorney general.

AB100, s. 2483 Section 2483. 978.045 (2) (b) of the statutes is amended to read:

AB100,1058,12 978.045 (2) (b) The department of administration justice shall pay the compensation ordered by the court from the appropriation under s. 20.475 (1) (d).

AB100, s. 2484 Section 2484. 978.05 (4m) of the statutes is amended to read:

AB100,1058,16 978.05 (4m) Welfare fraud investigations. Cooperate with the department departments of workforce development and health and family services regarding the fraud investigation program programs under s. ss. 49.197 (1m) and 49.845 (1).

AB100, s. 2485 Section 2485. 978.05 (8) (b) of the statutes is amended to read:

AB100,1059,2 978.05 (8) (b) Hire, employ, and supervise his or her staff and, subject to ss. s. 978.043 and 978.044, make appropriate assignments of the staff throughout the prosecutorial unit. The district attorney may request the assistance of district attorneys, deputy district attorneys, or assistant district attorneys from other prosecutorial units or assistant attorneys general who then may appear and assist in the investigation and prosecution of any matter for which a district attorney is responsible under this chapter in like manner as assistants in the prosecutorial unit and with the same authority as the district attorney in the unit in which the action is brought. Nothing in this paragraph limits the authority of counties to regulate the hiring, employment, and supervision of county employees.

AB100, s. 2486 Section 2486. 978.11 of the statutes is amended to read:

AB100,1059,5 978.11 Budget. The department of administration justice shall prepare the budget of the prosecution system and submit it in accordance with s. 16.42.

AB100, s. 2487 Section 2487. 978.12 (5) (c) 1. of the statutes is amended to read:

AB100,1059,13 978.12 (5) (c) 1. The salaries authorized under this section for the district attorney and the state employees of the office of district attorney shall be paid by the secretary of administration to the county treasurer pursuant to a voucher submitted by the district attorney to the department of administration justice. The county treasurer shall pay the amounts directly to the district attorney and state employees of the office of district attorney and the amounts paid shall be subject to the retirement system established under chapter 201, laws of 1937.

AB100, s. 2488 Section 2488. 978.13 (1) (b) of the statutes is amended to read:

AB100,1059,21 978.13 (1) (b) In counties having a population of 500,000 or more, the salary and fringe benefit costs of 2 clerk positions providing clerical services to the prosecutors in the district attorney's office handling cases involving felony violations under ch. 961. The secretary of administration shall pay the amount authorized under this subsection to the county treasurer pursuant to a voucher submitted by the district attorney to the department of administration justice from the appropriation under s. 20.475 (1) (i).

AB100, s. 2489 Section 2489. 978.13 (1) (c) of the statutes is amended to read: