Amendment ASA1-AB280

AB280-ASA1, s. 13 Section 13. 973.075 (1) (b) 2m. c. of the statutes is repealed.

AB280-ASA1, s. 14 Section 14. 973.075 (1) (bg) of the statutes is amended to read:

AB280-ASA1,7,14 973.075 (1) (bg) Any Subject to sub. (1p), any property used or to be used in the commission of a crime under s. 943.75 (2) or (2m), but if the property is encumbered by a bona fide perfected security interest that was perfected before the date of the commission of the current violation and the holder of the security interest neither had knowledge of nor consented to the commission of that violation, the holder of the security interest shall be paid from the proceeds of the forfeiture.

AB280-ASA1, s. 15 Section 15. 973.075 (1) (bj) of the statutes is amended to read:

AB280-ASA1,7,21 973.075 (1) (bj) Any Subject to sub. (1p), any property used or to be used in the commission of a crime under s. 943.74, but if the property is encumbered by a bona fide perfected security interest that was perfected before the date of the commission of the current violation and the holder of the security interest neither had knowledge of nor consented to the commission of that violation, the holder of the security interest shall be paid from the proceeds of the forfeiture.

AB280-ASA1, s. 16 Section 16. 973.075 (1) (bm) of the statutes is amended to read:

AB280-ASA1,8,4 973.075 (1) (bm) Any Subject to sub. (1p), any property used in the commission of a crime under s. 813.12 (8), 813.122 (11), 813.123 (10), 813.125 (7), 813.128 (2) or 940.32, but if the property is encumbered by a bonafide perfected security interest that was perfected before the date of the commission of the current violation and the holder of the security interest neither had knowledge of nor consented to the commission of that violation, the holder of the security interest shall be paid from the proceeds of the forfeiture.

AB280-ASA1, s. 17 Section 17. 973.075 (1) (d) of the statutes is amended to read:

AB280-ASA1,8,12 973.075 (1) (d) A Subject to sub. (1p), a tank vessel that violates s. 299.62 (2) that is owned by a person who, within 5 years before the commission of the current violation, was previously convicted of violating s. 299.62 (2), but if the tank vessel is encumbered by a bona fide perfected security interest that was perfected before the date of the commission of the current violation and the holder of the security interest neither had knowledge of nor consented to the commission of that violation, the holder of the security interest shall be paid from the proceeds of the forfeiture.

AB280-ASA1, s. 18 Section 18. 973.075 (1) (e) of the statutes is amended to read:

AB280-ASA1,8,24 973.075 (1) (e) Any recording, as defined in s. 943.206 (5), created, advertised, offered for sale or rent, sold, rented, transported or possessed in violation of ss. 943.207 to 943.209 or s. 943.49 and, subject to sub. (1p), any electronic, mechanical or other device for making a recording or for manufacturing, reproducing, packaging or assembling a recording that was used to facilitate a violation of ss. 943.207 to 943.209 or s. 943.49, regardless of the knowledge or intent of the person from whom the recording or device is seized. If a device subject to forfeiture under this paragraph is encumbered by a bona fide perfected security interest that was perfected before the date of the commission of the current violation and the holder of the security interest neither had knowledge of nor consented to the commission of that violation, the holder of the security interest shall be paid from the proceeds of the forfeiture.

AB280-ASA1, s. 19 Section 19. 973.075 (1) (f) of the statutes is created to read:

AB280-ASA1,9,3 973.075 (1) (f) Subject to sub. (1p), any computer, as defined in s. 943.70 (1) (am), used in the commission of a felony under this chapter if the following conditions are met:

AB280-ASA1,9,5 1. If the computer is owned by an individual, the individual had knowledge of and consented to the use of the computer in the commission of the felony.

AB280-ASA1,9,7 2. If the computer is owned by an entity, all owners of the entity had knowledge of and consented to the use of the computer in the commission of the felony.

AB280-ASA1, s. 20 Section 20. 973.075 (1p) of the statutes is created to read:

AB280-ASA1,9,14 973.075 (1p) If any property under sub. (1) (b), (bg), (bj), (bm), (d), or (f) or any device under sub. (1) (e) is encumbered by a bona fide perfected security interest that was perfected before the date of the commission of the current violation and the holder of the security interest neither had knowledge of nor consented to the commission of that violation, the holder of the security interest shall be paid from the proceeds of the forfeiture.

AB280-ASA1, s. 21 Section 21. 973.075 (4) of the statutes is renumbered 973.075 (4) (a) 3. and amended to read:

AB280-ASA1,9,21 973.075 (4) (a) 3. When property, other than property specified in subd. 1. or 2., is forfeited under ss. 973.075 to 973.077, the agency seizing the property may sell the property that is not required by unless the law requires it to be destroyed or transferred to another agency. The agency may retain any vehicle for official use or sell the vehicle. The

AB280-ASA1,9,26 (b) When an agency seizing the sells property under par. (a), it shall satisfy the conditions of sub. (1p). If proceeds remain, it may deduct 50% of the amount received for administrative expenses of seizure, maintenance of custody, advertising and court costs and the costs of investigation and prosecution reasonably incurred. The Then, any remainder shall be deposited in the school fund as the proceeds of the forfeiture. If the property forfeited under ss. 973.075 to 973.077 is money, all the money shall be deposited in the school fund.

AB280-ASA1, s. 22 Section 22. 973.075 (4) (a) 1. and 2. of the statutes are created to read:

AB280-ASA1,10,8 973.075 (4) (a) 1. Subject to sub. (5r), when a computer is forfeited under sub. (1) (f), the agency seizing it shall sell it if sub. (1p) applies but may otherwise retain it for its own use or donate it to a nonprofit organization or a unit of state or local government.

AB280-ASA1,10,10 2. If a vehicle is forfeited under ss. 973.075 to 973.077, the agency may retain it for official use or sell it.

AB280-ASA1, s. 23 Section 23. 973.075 (5) (intro.) of the statutes is amended to read:

AB280-ASA1,10,21 973.075 (5) (intro.) All forfeitures under ss. 973.075 to 973.077 shall be made with due provision for the rights of innocent persons under sub. subs. (1) (b) 2m., (bg), (bm), (d) and (e) (1p). Except as provided in sub. (5m) and subject to sub. (5r) (a), any property seized but not forfeited shall be returned to its rightful owner. Any person claiming the right to possession of property seized may apply for its return to the circuit court for the county in which the property was seized. The court shall order such notice as it deems adequate to be given the district attorney and all persons who have or may have an interest in the property and shall hold a hearing to hear all claims to its true ownership. If the right to possession is proved to the court's satisfaction, it shall order the property returned, subject to sub. (5r) (a), if:

AB280-ASA1, s. 24 Section 24. 973.075 (5r) of the statutes is created to read:

AB280-ASA1,11,3 973.075 (5r) (a) Before selling, donating, or retaining a forfeited computer described in sub. (1) (f) or before returning it to its rightful owner, the law enforcement agency that seized it shall purge all data from the computer that are or represent contraband or that were used in the commission of a crime and all programs that are maintained or designed primarily to facilitate the commission of a crime.

AB280-ASA1,11,8 (b) Before selling, donating, or retaining a forfeited computer described in sub. (1) (f) and after purging all data as required under par. (a), the law enforcement agency that seized it shall provide the owner an opportunity to retrieve from the computer any remaining data or programs and shall purge all other data or programs except the computer's operating system.

AB280-ASA1, s. 25 Section 25. Initial applicability.

AB280-ASA1,11,11 (1) This act first applies to crimes committed on the effective date of this subsection.

AB280-ASA1,11,12 (End)