LRB-3978/1
CMH:klm
2015 - 2016 LEGISLATURE
February 23, 2016 - Introduced by Representatives Ohnstad, Sargent, Johnson,
Zepnick, C. Taylor, Kahl, Considine, Goyke, Berceau, Pope, Spreitzer,
Brostoff and Kessler, cosponsored by Senator C. Larson. Referred to
Committee on Judiciary.
AB944,1,2
1An Act to create 973.015 (1m) (a) 2m. of the statutes;
relating to: expungement
2of nonfelony possession of marijuana offenses.
Analysis by the Legislative Reference Bureau
This bill requires a court to order expunged a record for a nonfelony possession
of marijuana offense under any of the following circumstances:
1) At least five years have elapsed since the conviction, the person was under
the age of 21 when he or she committed the offense, and the court did not already
order the record expunged.
2) At least ten years have elapsed since the conviction, the person was at least
21 but under 25 when he or she committed the offense, and the court did not already
order the record expunged.
3) At least ten years have elapsed since the conviction if the person was at least
25 when he or she committed the offense.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB944,1
3Section
1. 973.015 (1m) (a) 2m. of the statutes is created to read:
AB944,2,3
1973.015
(1m) (a) 2m. The court shall order at the time of sentencing or at any
2time after the time of sentencing that the record be expunged if the offense was a
3nonfelony violation of s. 961.41 (3g) (e) and any of the following applies:
AB944,2,64
a. At least 5 years have elapsed since the conviction, the person was under the
5age of 21 when he or she committed the offense, the person successfully completed
6the sentence, and the court did not order the record expunged under subd. 1.
AB944,2,107
b. At least 10 years have elapsed since the conviction, the person was at least
821 years old and under the age of 25 when he or she committed the offense, the person
9successfully completed the sentence, and the court did not order the record expunged
10under subd. 1.
AB944,2,1311
c. At least 10 years have elapsed since the conviction, the person was at least
1225 years old when he or she committed the offense, and the person successfully
13completed the sentence.
AB944,2
14Section
2.
Initial applicability.
AB944,2,1615
(1)
This act first applies to nonfelony convictions that have not been expunged
16on the effective date of this subsection.
