AB100, s. 2462 4Section 2462. 938.78 (2) (h) of the statutes is created to read:
AB100,1051,225 938.78 (2) (h) Paragraph (a) does not prohibit an agency from entering the
6content of any record kept or information received about an individual in its care or
7legal custody into the statewide automated child welfare information system
8established under s. 46.03 (7) (g). Paragraph (a) also does not prohibit a county
9department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, the department of health
10and family services, the department of corrections, or any other organization that
11has entered into an information sharing and access agreement with one of those
12county departments or departments and that has been approved for access to the
13statewide automated child welfare information system by the department of health
14and family services from having access to information concerning a client of that
15county department, department, or organization under this chapter or ch. 48 or 51
16that is maintained in the statewide automated child welfare information system, if
17necessary to enable the county department, department, or organization to perform
18its duties under this chapter or ch. 48 or 51 or to coordinate the delivery of services
19under this chapter or ch. 48 or 51 to the client. Before entering any information about
20an individual into the statewide automated child welfare information system, the
21agency entering the information shall notify the individual that the information
22entered may be disclosed as provided in this paragraph.
AB100, s. 2463 23Section 2463. 939.621 of the statutes is renumbered 939.621 (2) and amended
24to read:
AB100,1052,9
1939.621 (2) If a person commits an act of domestic abuse, as defined in s.
2968.075 (1) (a)
and the act constitutes the commission of a crime, the maximum term
3of imprisonment for that crime may be increased by not more than 2 years if the crime
4is committed during the 72 hours immediately following an arrest for a domestic
5abuse incident, as set forth in s. 968.075 (5). The 72-hour period applies whether or
6not there has been a waiver by the victim under s. 968.075 (5) (c). The victim of the
7domestic abuse crime does not have to be the same as the victim of the domestic abuse
8incident that resulted in the arrest. The penalty increase under this section changes
9the status of a misdemeanor to a felony.
AB100, s. 2464 10Section 2464. 939.621 (1) of the statutes is created to read:
AB100,1052,1211 939.621 (1) In this section, "domestic abuse" has the meaning given in s.
12968.075 (1) (a).
AB100, s. 2465 13Section 2465. 939.621 (3) of the statutes is created to read:
AB100,1052,1614 939.621 (3) If a court places a person on probation for a misdemeanor and any
15of the following apply, the maximum original term of probation under s. 973.09 (2)
16is two years:
AB100,1052,1717 (a) The person committed the misdemeanor while possessing a firearm.
AB100,1052,1818 (b) The misdemeanor is an act of domestic abuse.
AB100,1052,1919 (c) The misdemeanor is a violation of s. 940.225 (3m) or ch. 948.
AB100, s. 2466 20Section 2466. 944.21 (8) (b) 3. a. of the statutes is amended to read:
AB100,1052,2321 944.21 (8) (b) 3. a. Is a technical college, is a school approved by the educational
22approval board under s. 45.54 38.50 or is a school described in s. 45.54 38.50 (1) (e)
236., 7. or 8.; and
AB100, s. 2467 24Section 2467. 948.11 (4) (b) 3. a. of the statutes is amended to read:
AB100,1053,3
1948.11 (4) (b) 3. a. Is a technical college, is a school approved by the educational
2approval board under s. 45.54 38.50 or is a school described in s. 45.54 38.50 (1) (e)
36., 7. or 8.; and
AB100, s. 2468 4Section 2468. 973.044 of the statutes is created to read:
AB100,1053,8 5973.044 Child abuse prevention and child mental health surcharge. (1)
6If a court imposes a sentence or places a person on probation, the court shall impose
7a child abuse prevention and child mental health surcharge of $20 for each
8misdemeanor offense or count and for each felony offense or count.
AB100,1053,12 9(2) After the clerk determines the amount due, the clerk of court shall collect
10and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county
11treasurer shall then make payment to the secretary of administration under s. 59.25
12(3) (f) 2.
AB100,1053,17 13(3) The clerk shall record the child abuse prevention and child mental health
14surcharge. For each misdemeanor offense or count and for each felony offense or
15count, the secretary of administration shall credit $6 to the appropriation account
16under s. 20.433 (1) (h) and shall credit $14 to the appropriation account under s.
1720.435 (3) (gb).
AB100,1053,22 18(4) If an inmate in a state prison or a person sentenced to a state prison has
19not paid the child abuse prevention and child mental health surcharge under this
20section, the department shall assess and collect the amount owed from the inmate's
21wages or other moneys. Any amount collected shall be transmitted to the secretary
22of administration.
AB100, s. 2469 23Section 2469. 973.045 (1) (a) of the statutes is amended to read:
AB100,1053,2424 973.045 (1) (a) For each misdemeanor offense or count, $50 $60.
AB100, s. 2470 25Section 2470. 973.045 (1) (b) of the statutes is amended to read:
AB100,1054,1
1973.045 (1) (b) For each felony offense or count, $70 $85.
AB100, s. 2471 2Section 2471. 973.045 (3) (a) 1. of the statutes is amended to read:
AB100,1054,43 973.045 (3) (a) 1. Part A equals $30 $40 for each misdemeanor offense or count
4and $50 $65 for each felony offense or count.
AB100, s. 2472 5Section 2472. 973.05 (2m) of the statutes is amended to read:
AB100,1055,46 973.05 (2m) Payments under this section shall be applied first to payment of
7the penalty surcharge until paid in full, shall then be applied to the payment of the
8jail surcharge until paid in full, shall then be applied to the payment of part A of the
9crime victim and witness assistance surcharge until paid in full, shall then be
10applied to part B of the crime victim and witness assistance surcharge until paid in
11full, shall then be applied to the child abuse prevention and child mental health
12surcharge until paid in full,
shall then be applied to the crime laboratories and drug
13law enforcement surcharge until paid in full, shall then be applied to the
14deoxyribonucleic acid analysis surcharge until paid in full, shall then be applied to
15the drug abuse program improvement surcharge until paid in full, shall then be
16applied to payment of the driver improvement surcharge until paid in full, shall then
17be applied to the truck driver education surcharge if applicable until paid in full,
18shall then be applied to payment of the domestic abuse surcharge until paid in full,
19shall then be applied to payment of the consumer protection surcharge until paid in
20full, shall then be applied to payment of the natural resources surcharge if applicable
21until paid in full, shall then be applied to payment of the natural resources
22restitution surcharge until paid in full, shall then be applied to the payment of the
23environmental surcharge if applicable until paid in full, shall then be applied to the
24payment of the wild animal protection surcharge if applicable until paid in full, shall
25then be applied to payment of the weapons surcharge until paid in full, shall then

1be applied to payment of the uninsured employer surcharge until paid in full, shall
2then be applied to payment of the enforcement surcharge under s. 253.06 (4) (c), if
3applicable, until paid in full, and shall then be applied to payment of the fine and the
4costs and fees imposed under ch. 814.
AB100, s. 2473 5Section 2473. 973.09 (1) (a) of the statutes is amended to read:
AB100,1055,156 973.09 (1) (a) Except as provided in par. (c) or if probation is prohibited for a
7particular offense by statute, if a person is convicted of a crime, the court, by order,
8may withhold sentence or impose sentence under s. 973.15 and stay its execution,
9and in either case place the person on probation to the department for a stated period,
10stating in the order the reasons therefor. The court may impose any conditions which
11appear to be reasonable and appropriate. The period of probation may be made
12consecutive to a sentence on a different charge, whether imposed at the same time
13or previously. If the court imposes an increased term of probation, as authorized
14under sub. (2) (a) 2. or (b) 2. or s. 939.621 (3), it shall place its reasons for doing so
15on the record.
AB100, s. 2474 16Section 2474. 973.09 (2) (a) 1. of the statutes is amended to read:
AB100,1055,1817 973.09 (2) (a) 1. Except as provided in subd. 2. and s. 939.621 (3), for Class A
18misdemeanors, not less than 6 months nor more than 2 years one year.
AB100, s. 2475 19Section 2475. 973.09 (2) (a) 1m. of the statutes is created to read:
AB100,1055,2120 973.09 (2) (a) 1m. Except as provided in subd. 2. and s. 939.621 (3), for
21misdemeanors not covered by subd. 1., not more than 6 months.
AB100, s. 2476 22Section 2476. 978.03 (1) of the statutes is amended to read:
AB100,1056,723 978.03 (1) The district attorney of any prosecutorial unit having a population
24of 500,000 or more may appoint 5 deputy district attorneys and such assistant
25district attorneys as may be requested by the department of administration justice

1and authorized in accordance with s. 16.505. The district attorney shall rank the
2deputy district attorneys for purposes of carrying out duties under this section. The
3deputies, according to rank, may perform any duty of the district attorney, under the
4district attorney's direction. In the absence or disability of the district attorney, the
5deputies, according to rank, may perform any act required by law to be performed
6by the district attorney. Any such deputy must have practiced law in this state for
7at least 2 years prior to appointment under this section.
AB100, s. 2477 8Section 2477. 978.03 (1m) of the statutes is amended to read:
AB100,1056,199 978.03 (1m) The district attorney of any prosecutorial unit having a population
10of 200,000 or more but not more than 499,999 may appoint 3 deputy district
11attorneys and such assistant district attorneys as may be requested by the
12department of administration justice and authorized in accordance with s. 16.505.
13The district attorney shall rank the deputy district attorneys for purposes of carrying
14out duties under this section. The deputies, according to rank, may perform any duty
15of the district attorney, under the district attorney's direction. In the absence or
16disability of the district attorney, the deputies, according to rank, may perform any
17act required by law to be performed by the district attorney. Any such deputy must
18have practiced law in this state for at least 2 years prior to appointment under this
19section.
AB100, s. 2478 20Section 2478. 978.03 (2) of the statutes is amended to read:
AB100,1057,421 978.03 (2) The district attorney of any prosecutorial unit having a population
22of 100,000 or more but not more than 199,999 may appoint one deputy district
23attorney and such assistant district attorneys as may be requested by the
24department of administration justice and authorized in accordance with s. 16.505.
25The deputy may perform any duty of the district attorney, under the district

1attorney's direction. In the absence or disability of the district attorney, the deputy
2may perform any act required by law to be performed by the district attorney. The
3deputy must have practiced law in this state for at least 2 years prior to appointment
4under this section.
AB100, s. 2479 5Section 2479. 978.03 (3) of the statutes is amended to read:
AB100,1057,116 978.03 (3) Any assistant district attorney under sub. (1), (1m), or (2) must be
7an attorney admitted to practice law in this state and, except as provided in ss. s.
8978.043 and 978.044, may perform any duty required by law to be performed by the
9district attorney. The district attorney of the prosecutorial unit under sub. (1), (1m),
10or (2) may appoint such temporary counsel as may be authorized by the department
11of administration justice.
AB100, s. 2480 12Section 2480. 978.04 of the statutes is amended to read:
AB100,1057,20 13978.04 Assistants in certain prosecutorial units. The district attorney of
14any prosecutorial unit having a population of less than 100,000 may appoint one or
15more assistant district attorneys as necessary to carry out the duties of his or her
16office and as may be requested by the department of administration justice and
17authorized in accordance with s. 16.505. Any such assistant district attorney must
18be an attorney admitted to practice law in this state and, except as provided in s.
19978.043, may perform any duty required by law to be performed by the district
20attorney.
AB100, s. 2481 21Section 2481. 978.044 of the statutes is repealed.
AB100, s. 2482 22Section 2482. 978.045 (1g) of the statutes is amended to read:
AB100,1058,923 978.045 (1g) A court on its own motion may appoint a special prosecutor under
24sub. (1r) or a district attorney may request a court to appoint a special prosecutor
25under that subsection. Before a court appoints a special prosecutor on its own motion

1or at the request of a district attorney for an appointment that exceeds 6 hours per
2case, the court or district attorney shall request assistance from a district attorney,
3deputy district attorney or assistant district attorney from other prosecutorial units
4or an assistant attorney general. A district attorney requesting the appointment of
5a special prosecutor, or a court if the court is appointing a special prosecutor on its
6own motion, shall notify the department of administration justice, on a form
7provided by that department, of the district attorney's or the court's inability to
8obtain assistance from another prosecutorial unit or from an assistant attorney
9general.
AB100, s. 2483 10Section 2483. 978.045 (2) (b) of the statutes is amended to read:
AB100,1058,1211 978.045 (2) (b) The department of administration justice shall pay the
12compensation ordered by the court from the appropriation under s. 20.475 (1) (d).
AB100, s. 2484 13Section 2484. 978.05 (4m) of the statutes is amended to read:
AB100,1058,1614 978.05 (4m) Welfare fraud investigations. Cooperate with the department
15departments of workforce development and health and family services regarding the
16fraud investigation program programs under s. ss. 49.197 (1m) and 49.845 (1).
AB100, s. 2485 17Section 2485. 978.05 (8) (b) of the statutes is amended to read:
AB100,1059,218 978.05 (8) (b) Hire, employ, and supervise his or her staff and, subject to ss. s.
19978.043 and 978.044, make appropriate assignments of the staff throughout the
20prosecutorial unit. The district attorney may request the assistance of district
21attorneys, deputy district attorneys, or assistant district attorneys from other
22prosecutorial units or assistant attorneys general who then may appear and assist
23in the investigation and prosecution of any matter for which a district attorney is
24responsible under this chapter in like manner as assistants in the prosecutorial unit
25and with the same authority as the district attorney in the unit in which the action

1is brought. Nothing in this paragraph limits the authority of counties to regulate the
2hiring, employment, and supervision of county employees.
AB100, s. 2486 3Section 2486. 978.11 of the statutes is amended to read:
AB100,1059,5 4978.11 Budget. The department of administration justice shall prepare the
5budget of the prosecution system and submit it in accordance with s. 16.42.
AB100, s. 2487 6Section 2487. 978.12 (5) (c) 1. of the statutes is amended to read:
AB100,1059,137 978.12 (5) (c) 1. The salaries authorized under this section for the district
8attorney and the state employees of the office of district attorney shall be paid by the
9secretary of administration to the county treasurer pursuant to a voucher submitted
10by the district attorney to the department of administration justice. The county
11treasurer shall pay the amounts directly to the district attorney and state employees
12of the office of district attorney and the amounts paid shall be subject to the
13retirement system established under chapter 201, laws of 1937.
AB100, s. 2488 14Section 2488. 978.13 (1) (b) of the statutes is amended to read:
AB100,1059,2115 978.13 (1) (b) In counties having a population of 500,000 or more, the salary
16and fringe benefit costs of 2 clerk positions providing clerical services to the
17prosecutors in the district attorney's office handling cases involving felony violations
18under ch. 961. The secretary of administration shall pay the amount authorized
19under this subsection to the county treasurer pursuant to a voucher submitted by the
20district attorney to the department of administration justice from the appropriation
21under s. 20.475 (1) (i).
AB100, s. 2489 22Section 2489. 978.13 (1) (c) of the statutes is amended to read:
AB100,1060,523 978.13 (1) (c) In counties having a population of 500,000 or more, the salary and
24fringe benefit costs of clerk positions in the district attorney's office necessary for the
25prosecution of violent crime cases primarily involving felony violations under s.

1939.63, if a felony is committed while armed, and under ss. 940.01 to 940.03, 940.05,
2940.06, 940.225, 943.23 (1g), and 943.32 (2). The secretary of administration shall
3pay the amount authorized under this subsection to the county treasurer pursuant
4to a voucher submitted by the district attorney to the secretary department of
5administration justice from the appropriation under s. 20.475 (1) (i).
AB100, s. 2490 6Section 2490. 978.13 (1) (d) of the statutes is amended to read:
AB100,1060,137 978.13 (1) (d) In counties having a population of 500,000 or more, the salary
8and fringe benefit costs of 2 clerk positions providing clerical services to the
9prosecutors in the district attorney's office handling cases involving the unlawful
10possession or use of firearms. The secretary of administration shall pay the amount
11authorized under this subsection to the county treasurer from the appropriation
12under s. 20.475 (1) (f) or (i) pursuant to a voucher submitted by the district attorney
13to the department of administration justice.
AB100, s. 2491 14Section 2491. 978.13 (1m) of the statutes is amended to read:
AB100,1060,1615 978.13 (1m) The amount paid under sub. (1) (b), (c), and (d) combined may not
16exceed the amount appropriated under s. 20.475 (1) (f) and (i) combined.
AB100, s. 2492 17Section 2492. 985.04 of the statutes is amended to read:
AB100,1061,5 18985.04 Official state newspaper. The joint committee on legislative
19organization shall recommend to the legislature to
secretary of administration shall
20designate some newspaper published in Wisconsin to be the official state newspaper,
21which shall publish all legal notices required to be published therein. Any such
22publication from any of the state agencies shall be deemed official. The joint
23committee
secretary of administration may invite bids from all newspapers which
24meet the requirements of s. 985.03, but if it the secretary does so, it he or she is not
25required to recommend designate the lowest bidder as the official state newspaper.

1The joint committee shall introduce its recommendation in the legislature in the
2form of a joint resolution. No designation takes effect until the joint resolution is
3adopted.
A newspaper which is designated the official state newspaper under this
4section
shall continue as such until the legislature secretary of administration
5designates another newspaper to be the official state newspaper.
AB100, s. 2493 6Section 2493. 1997 Wisconsin Act 27, section 9456 (3m) (a), as last affected
7by 2003 Wisconsin Act 48, is repealed.
AB100, s. 2494 8Section 2494. 1999 Wisconsin Act 9, section 9401 (2zt), as last affected by 2003
9Wisconsin Act 33
, is repealed.
AB100, s. 2495 10Section 2495. 1999 Wisconsin Act 9, section 9401 (2zu), as last affected by
112003 Wisconsin Act 33, is repealed.
AB100, s. 2496 12Section 2496. 2001 Wisconsin Act 74, section 23 (5) is repealed.
AB100, s. 2497 13Section 2497. 2003 Wisconsin Act 33, section 9159 (4f) is repealed.
AB100, s. 2498 14Section 2498. 2003 Wisconsin Act 318, section 3 is repealed.
AB100, s. 2499 15Section 2499. 2003 Wisconsin Act 318, section 4 is repealed.
AB100, s. 2500 16Section 2500. 2003 Wisconsin Act 318, section 6 is repealed.
AB100, s. 2501 17Section 2501. 2003 Wisconsin Act 318, section 11 is repealed.
AB100, s. 2502 18Section 2502. 2003 Wisconsin Act 318, section 13 is repealed.
AB100, s. 2503 19Section 2503. 2003 Wisconsin Act 318, section 14 is repealed.
AB100, s. 2504 20Section 2504. 2003 Wisconsin Act 318, section 15 is repealed.
AB100, s. 2505 21Section 2505. 2003 Wisconsin Act 318, section 17 is repealed.
AB100, s. 2506 22Section 2506. 2003 Wisconsin Act 318, section 18 is repealed.
AB100, s. 2507 23Section 2507. 2003 Wisconsin Act 318, section 20 is repealed.
AB100, s. 2508 24Section 2508. 2003 Wisconsin Act 318, section 22 is repealed.
AB100, s. 2509
1Section 2509. 2003 Wisconsin Act 318, section 25 (3) is renumbered 49.45
2(6tw) of the statutes and amended to read:
AB100,1062,103 49.45 (6tw) Payments to city health departments. From the appropriation
4account under section s. 20.435 (7) (b) of the statutes, as affected by this act, in state
5fiscal year 2004-05
, the department of health and family services may make
6payments to local health departments, as defined under s. 250.02 (4) (a) 3. of the
7statutes
. Payment under this subsection to such a local health department may not
8exceed on an annualized basis payment made by the department of health and family
9services
to the local health department under section s. 49.45 (6t) of the statutes,
102003 stats.,
for services provided by the local health department in 2002.
AB100, s. 2510 11Section 2510. 2003 Wisconsin Act 318, section 27 is repealed.
AB100, s. 9101 12Section 9101. Nonstatutory provisions; administration.
AB100,1062,19 13(1) Prosecution of drug crimes; Milwaukee County. From federal and
14program revenue moneys appropriated to the department of administration for the
15office of justice assistance under section 20.505 (6) (kp) and (p) of the statutes, the
16department of administration shall expend $154,000 in fiscal year 2005-06 and
17$154,000 in fiscal year 2006-07 to provide the multijurisdictional enforcement group
18serving Milwaukee County with funding for 1.5 assistant district attorney positions
19to prosecute criminal violations of chapter 961 of the statutes.
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