Amendment SSA1-AB75

AB75-SSA1,1710,22 973.015 (title) Misdemeanors, special Special disposition.

AB75-SSA1, s. 3385 Section 3385. 973.015 (1) (a) of the statutes is amended to read:

AB75-SSA1,1711,8 973.015 (1) (a) Subject to par. (b) and except as provided in par. (c), when a person is under the age of 21 25 at the time of the commission of an offense for which the person has been found guilty in a court for violation of a law for which the maximum penalty is period of imprisonment for one year or less in the county jail is 6 years or less, the court may order at the time of sentencing that the record be expunged upon successful completion of the sentence if the court determines the person will benefit and society will not be harmed by this disposition. This subsection does not apply to information maintained by the department of transportation regarding a conviction that is required to be included in a record kept under s. 343.23 (2) (a).

AB75-SSA1, s. 3386 Section 3386. 973.015 (1) (c) of the statutes is created to read:

AB75-SSA1,1711,11 973.015 (1) (c) No court may order that a record of a conviction for any of the following be expunged:

AB75-SSA1,1711,13 1. A Class H felony that is a violent offense, as defined in s. 301.048 (2) (bm), or that is a violation of s. 940.32, 948.03 (2) or (3), or 948.095.

AB75-SSA1,1711,15 2. A Class I felony that is a violent offense, as defined in s. 301.048 (2) (bm), or that is a violation of s. 948.23.

AB75-SSA1, s. 3386m Section 3386m. 973.017 (2) (a) of the statutes is repealed.

AB75-SSA1, s. 3387 Section 3387. 973.017 (6) (a) of the statutes is amended to read:

AB75-SSA1,1711,23 973.017 (6) (a) In this subsection, "person responsible for the welfare of the child" includes the child's parent, stepparent, guardian, foster parent, or treatment foster parent; an employee of a public or private residential home, institution, or agency; any other person legally responsible for the child's welfare in a residential setting; or a person employed by one who is legally responsible for the child's welfare to exercise temporary control or care for the child.

AB75-SSA1, s. 3387m Section 3387m. 973.017 (10) of the statutes is repealed.

AB75-SSA1, s. 3387t Section 3387t. 973.031 of the statutes is created to read:

AB75-SSA1,1712,7 973.031 Risk reduction sentence. Whenever a court imposes a sentence for a felony under s. 973.01, the court may order the person it sentences to serve a risk reduction sentence if the court determines that a risk reduction sentence is appropriate and the person agrees to cooperate in an assessment of his or her criminogenic factors and his or her risk of reoffending, and to participate in programming or treatment the department develops for the person under s. 302.042 (1).

AB75-SSA1, s. 3388 Section 3388. 973.045 (1) (a) of the statutes is amended to read:

AB75-SSA1,1712,9 973.045 (1) (a) For each misdemeanor offense or count, $60 $67.

AB75-SSA1, s. 3389 Section 3389. 973.045 (1) (b) of the statutes is amended to read:

AB75-SSA1,1712,11 973.045 (1) (b) For each felony offense or count, $85 $92.

AB75-SSA1, s. 3390 Section 3390. 973.045 (1r) (a) 2. of the statutes is amended to read:

AB75-SSA1,1712,14 973.045 (1r) (a) 2. Part B equals $20 $27 for each misdemeanor offense or count and $20 $27 for each felony offense or count.

AB75-SSA1, s. 3391 Section 3391. 973.045 (2m) of the statutes is amended to read:

AB75-SSA1,1712,19 973.045 (2m) The secretary of administration shall credit part A and 26 percent of part B of the crime victim and witness surcharge to the appropriation account under s. 20.455 (5) (g) and 74 percent of part B to the appropriation account under s. 20.455 (5) (gc).

AB75-SSA1, s. 3392 Section 3392. 973.05 (2m) (r) of the statutes is amended to read:

AB75-SSA1,1712,22 973.05 (2m) (r) To payment of the enforcement surcharge under s. 49.17 253.06 (4) (c) until paid in full.

AB75-SSA1, s. 3392b Section 3392b. 973.06 (1) (e) of the statutes is amended to read:

AB75-SSA1,1713,2 973.06 (1) (e) Attorney fees payable to the defense attorney by the county or the state. If the court determines at the time of sentencing that the defendant's financial circumstances are changed, the court may adjust the amount in accordance with s. 977.07 (1) (a) and (2) rules promulgated under s. 977.02 (3).

AB75-SSA1, s. 3392d Section 3392d. 973.09 (3) (d) of the statutes is created to read:

AB75-SSA1,1713,10 973.09 (3) (d) The department may petition the sentencing court to modify a person's period of probation and to discharge the person from probation if the person has completed less than 50 percent of his or her period of probation. The court may modify the person's period of probation and order the person discharged from probation if the person has complied with the conditions of his or her probation, has paid restitution ordered under s. 973.20, and has paid all ordered court costs, fines or forfeitures, and supervision fees.

AB75-SSA1, s. 3392s Section 3392s. 973.09 (5) (intro.) of the statutes is amended to read:

AB75-SSA1,1713,15 973.09 (5) (intro.) When the period of probation for a probationer has expired or a court has modified a probationer's period of probation under sub. (3) (d), the probationer shall be discharged from probation and the department shall do all of the following:

AB75-SSA1, s. 3395g Section 3395g. 973.195 (1r) (a) of the statutes is amended to read:

AB75-SSA1,1713,23 973.195 (1r) (a) An inmate who is serving a sentence imposed under s. 973.01 before the effective date of this paragraph .... [LRB inserts date], for a crime other than a Class B felony may petition the sentencing court to adjust the sentence if the inmate has served at least the applicable percentage of the term of confinement in prison portion of the sentence. If an inmate is subject to more than one sentence imposed under this section, the sentences shall be treated individually for purposes of sentence adjustment under this subsection.

AB75-SSA1, s. 3395r Section 3395r. 973.195 (1r) (j) of the statutes is created to read:

AB75-SSA1,1714,3 973.195 (1r) (j) An inmate who submits a petition under this subsection may not apply under s. 304.06 (1) (bg) 3. or 4. for release to extended supervision for any crime committed prior to the effective date of this paragraph .... [LRB inserts date].

AB75-SSA1, s. 3395t Section 3395t. 973.20 (9m) of the statutes is repealed.

AB75-SSA1, s. 3396 Section 3396. 974.07 (4) (b) of the statutes is amended to read:

AB75-SSA1,1714,13 974.07 (4) (b) Notwithstanding the limitation on the disclosure of mailing addresses from completed information cards submitted by victims under ss. 51.37 (10) (dx), 301.046 (4) (d), 301.048 (4m) (d), 301.38 (4), 302.105 (4), 304.06 (1) (f), 304.063 (4), 938.51 (2), 971.17 (6m) (d), and 980.11 (4), the department of corrections, the parole earned release review commission, and the department of health services shall, upon request, assist clerks of court in obtaining information regarding the mailing address of victims for the purpose of sending copies of motions and notices of hearings under par. (a).

AB75-SSA1, s. 3397 Section 3397. 976.03 (23) (c) of the statutes is amended to read:

AB75-SSA1,1715,2 976.03 (23) (c) The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by 2 certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to a judge, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The prosecuting officer, parole earned release review commission, warden or sheriff may also attach such further affidavits and other documents in duplicate as he, she or it deems proper to be submitted with the application. One copy of the application, with the action of the governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information and affidavits, or of the judgment of conviction or of the sentence shall be filed in the office of the governor to remain of record in that office. The other copies of all papers shall be forwarded with the governor's requisition.

AB75-SSA1, s. 3398r Section 3398r. 977.02 (3) of the statutes is renumbered 977.02 (3) (intro.) and amended to read:

AB75-SSA1,1715,11 977.02 (3) (intro.) Promulgate rules regarding the determination of indigency of persons entitled to be represented by counsel, other than persons who are entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, including the time period in which the determination must be made and the criteria to be used to determine indigency and partial indigency. The rules shall specify that, in determining indigency, the representative of the state public defender shall do all of the following:

AB75-SSA1, s. 3398t Section 3398t. 977.02 (3) (a) to (d) of the statutes are created to read:

AB75-SSA1,1715,14 977.02 (3) (a) Consider the anticipated costs of effective representation for the type of case in which the person seeks representation.

AB75-SSA1,1715,19 (b) Subject to par. (d), consider assets in the manner described in s. 49.145 (3) (a) and treat assets as available to the person to pay the costs of legal representation if they exceed the resource limitation under s. 49.145 (3) (a), except that the representative of the state public defender shall exclude only the first $30,000 of the equity value of the home that serves as the person's homestead.

AB75-SSA1,1715,22 (c) Subject to par. (d), treat income as available to pay the costs of legal representation to the person only if it exceeds the income limitations in s. 49.145 (3) (b).

AB75-SSA1,1715,25 (d) Treat assets or income of the person's spouse as the person's assets or income, unless the spouse was the victim of a crime that the person allegedly committed.

AB75-SSA1, s. 3399 Section 3399. 977.02 (9) of the statutes is created to read:

AB75-SSA1,1716,7 977.02 (9) Promulgate rules establishing the maximum fees that the state public defender may pay for copies, in any format, of materials that are subject to discovery in cases in which the state public defender or counsel assigned under s. 977.08 provides legal representation. In promulgating the rules under this subsection, the board shall consider information regarding the actual, necessary, and direct cost of producing copies of materials that are subject to discovery.

AB75-SSA1, s. 3400 Section 3400. 977.05 (4) (jm) of the statutes is amended to read:

AB75-SSA1,1716,14 977.05 (4) (jm) At the request of an inmate determined by the state public defender to be indigent or upon referral of a court the department of corrections under s. 302.113 (9g) (j) 302.1135 (10), represent the inmate in proceedings for modification of a bifurcated sentence under s. 302.113 (9g) before a program review committee and the sentencing court 302.1135 before the earned release review commission, if the state public defender determines the case should be pursued.

AB75-SSA1, s. 3400g Section 3400g. 977.06 (1) (a) of the statutes is amended to read:

AB75-SSA1,1716,20 977.06 (1) (a) Verify the information necessary to determine indigency under s. 977.07 (2) rules promulgated under s. 977.02 (3). The information provided by a person seeking assigned counsel that is subject to verification shall include any social security numbers provided on an application under sub. (1m), income records, value of assets, eligibility for public assistance, and claims of expenses.

AB75-SSA1, s. 3400i Section 3400i. 977.06 (2) (a) of the statutes is amended to read:

AB75-SSA1,1717,5 977.06 (2) (a) A person seeking to have counsel assigned for him or her under s. 977.08, other than a person who is entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, shall sign a statement declaring that he or she has not disposed of any assets for the purpose of qualifying for that assignment of counsel. If the representative or authority making the indigency determination finds that any asset was disposed of for less than its fair market value for the purpose of obtaining that assignment of counsel, the asset shall be counted under s. 977.07 (2) rules promulgated under s. 977.02 (3) at its fair market value at the time it was disposed of, minus the amount of compensation received for the asset.

AB75-SSA1, s. 3400k Section 3400k. 977.07 (2) of the statutes is repealed.

AB75-SSA1, s. 3400n Section 3400n. 977.085 (3) of the statutes is amended to read:

AB75-SSA1,1717,16 977.085 (3) The board shall provide quarterly reports to the joint committee on finance on the status of reimbursement for or recoupment of payments under ss. 48.275, 51.605, 55.107, 757.66, 938.275, 977.06, 977.07 (2), 977.075 and 977.076, including the amount of revenue generated by reimbursement and recoupment. The quarterly reports shall include any alternative means suggested by the board to improve reimbursement and recoupment procedures and to increase the amount of revenue generated. The department of justice, district attorneys, circuit courts and applicable county agencies shall cooperate by providing any necessary information to the state public defender.

AB75-SSA1, s. 3400p Section 3400p. 977.10 of the statutes is created to read:

AB75-SSA1,1717,21 977.10 Assistant state public defender retention pay. (1) Each fiscal year, the state public defender shall report to the attorney general the number of full-time equivalent assistant state public defender positions that are filled as of June 30th of that year.

AB75-SSA1,1717,25 (2) (a) In this subsection "amount per full-time equivalent position" means the amount transferred from by the attorney general under s. 165.03 (2) (c) in a fiscal year divided by the number of full-time equivalent assistant state public defender positions that are filled as of June 30th of that year.

AB75-SSA1,1718,6 (b) From the appropriation under s. 20.550 (1) (kb), the state public defender shall pay each individual who is a full-time equivalent assistant state public defender on June 30th the amount per full-time equivalent position and shall pay each individual who is less than a full-time equivalent assistant state public defender on June 30th a prorated amount of the amount per full-time equivalent position.

AB75-SSA1, s. 3400s Section 3400s. 978.12 (1) (c) of the statutes is amended to read:

AB75-SSA1,1718,16 978.12 (1) (c) Assistant district attorneys. Assistant district attorneys shall be employed outside the classified service. For purposes of salary administration, the director of the office of state employment relations shall establish one or more classifications for assistant district attorneys in accordance with the classification or classifications allocated to assistant attorneys general. Except as provided in sub. (7) (b) and s. 111.93 (3), the salaries of assistant district attorneys shall be established and adjusted in accordance with the state compensation plan for assistant attorneys general whose positions are allocated to the classification or classifications established by the director of the office of state employment relations.

AB75-SSA1, s. 3400v Section 3400v. 978.12 (7) of the statutes is created to read:

AB75-SSA1,1718,21 978.12 (7) Assistant district attorney retention pay. (a) Each fiscal year, the secretary of administration shall report to the attorney general the number of full-time equivalent assistant district attorney positions that are filled as of June 30th of that year.

AB75-SSA1,1718,25 (b) 1. In this paragraph, "amount per full-time equivalent position" means the amount transferred by the attorney general under s. 165.03 (2) (b) in a fiscal year divided by the number of full-time equivalent assistant district attorney positions that are filled as of June 30th of that year.

AB75-SSA1,1719,6 2. Subject to sub. (5) (c), from the appropriation under s. 20.475 (1) (kb), the secretary of administration shall pay each individual who is a full-time equivalent assistant district attorney on June 30th the amount per full-time equivalent position and shall pay each individual who is less than a full-time equivalent assistant district attorney on June 30th a prorated amount of the amount per full-time equivalent position.

AB75-SSA1, s. 3401 Section 3401. 980.036 (10) of the statutes is amended to read:

AB75-SSA1,1719,16 980.036 (10) Payment of copying costs in cases involving indigent respondents. When the state public defender or a private attorney appointed under s. 977.08 requests copies, in any format, of any item that is discoverable under this section, the state public defender shall pay any fee charged for the copies from the appropriation account under s. 20.550 (1) (a). If the person providing copies under this section charges the state public defender a fee for the copies, the fee may not exceed the actual, necessary, and, direct cost of providing the copies applicable maximum fee for copies of discoverable materials that is established by rule under s. 977.02 (9).

AB75-SSA1, s. 3405 Section 3405. 980.11 (1) (b) of the statutes is amended to read:

AB75-SSA1,1719,19 980.11 (1) (b) "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.

AB75-SSA1, s. 3405b Section 3405b. 985.03 (1) (c) of the statutes is amended to read:

AB75-SSA1,1720,8 985.03 (1) (c) A newspaper, under this chapter, is a publication appearing at regular intervals and at least once a week, containing reports of happenings of recent occurrence of a varied character, such as political, social, moral and religious subjects, designed to inform the general reader. The definition includes a daily newspaper published in a county having a population of 500,000 or more, devoted principally to business news and publishing of records, which has been designated by the courts of record of the county for publication of legal notices for a period of 6 months or more. The definition also includes a daily or weekly newspaper that is published at least 50 weeks of each year in a county having a population of 500,000 or more, has been published continuously for the past 10 years, has had a continuous circulation of at least 40,000 copies within the county for the past 10 years, as documented by a nationally recognized auditing company, and has the majority of its distribution within the county for which the legal notice is to be distributed.

AB75-SSA1, s. 3405d Section 3405d. 985.04 of the statutes is repealed.

AB75-SSA1, s. 3405f Section 3405f. 985.12 (1) of the statutes is renumbered 985.12 (1) (a).

AB75-SSA1, s. 3405h Section 3405h. 985.12 (1) (b) of the statutes is created to read:

AB75-SSA1,1720,16 985.12 (1) (b) If a legal notice is published on a state agency, bureau, commission, department, or office Web site, the person that publishes that notice shall prepare an affidavit stating what Web site the notice was published on, when the notice was first published on the Web site, and how long the notice was published on the Web site if the notice has been removed from the Web site.

AB75-SSA1, s. 3405k Section 3405k. 985.12 (2) of the statutes is amended to read:

AB75-SSA1,1720,24 985.12 (2) Time of filing. Such The affidavit of printing may be filed with the proper officer at any time after the last day of the publication of such notice, unless the filing time is otherwise specified. The affidavit of publication of a notice on a Web site shall be filed with the proper authority in the state agency, bureau, commission, department, or office that published the notice within 30 days after the last day of publication or within 30 days of the first day of publication of the notice if the publication is to be on the Web site for an indefinite period of time.

AB75-SSA1, s. 3405m Section 3405m. 985.12 (4) of the statutes is amended to read:

AB75-SSA1,1720,26 985.12 (4) Fee. The fee for an affidavit of publication printing shall be $1.

AB75-SSA1, s. 3405s Section 3405s. 992.14 of the statutes is amended to read:

AB75-SSA1,1721,10 992.14 Revenue limit agreement. Notwithstanding s. 121.91, if a school district held a referendum before February 5, 2001, to exceed its revenue limit under s. 121.91 (2m) (e), and the resolution adopted by the school board and referred to in the question submitted to the electors specified a mill rate to be used to calculate the revenue limit increase, the amount by which the school district's revenue limit is increased as a result of the referendum for each year specified in the referendum is the dollar amount agreed to by the department of public instruction and the school board of that school district.

AB75-SSA1, s. 3406 Section 3406. 2005 Wisconsin Act 25, section 9101 (4) (b) and (c), as last amended by 2007 Wisconsin Act 20, section 3936, is amended to read:

AB75-SSA1,1722,2 [2005 Wisconsin Act 25] Section 9101 (4) (b) The department of administration may offer any parcel of state-owned real property for sale in accordance with section 16.848 of the statutes, as created by this act, if the property is eligible for sale under that section and this subsection. If the department of administration receives an offer to purchase the property, the secretary of administration may submit a report to the secretary of the building commission recommending acceptance of the offer. The report shall contain a description of the property and the reasons for the recommendation. The secretary of administration may recommend the sale of a property with or without approval of the state agency having jurisdiction of the property. If, during the period on or before June 30, 2007, or the period beginning on the effective date of this paragraph October 27, 2007, and ending on June 30, 2009, or the period beginning on the effective date of this paragraph and ending on June 30, 2011, the building commission votes to approve the offer to purchase the property, the department of administration may sell the property.

AB75-SSA1,1722,6 (c) This subsection does not apply during the period beginning after June 30, 2007 and ending the day before the effective date of this paragraph on October 26, 2007, nor during the period beginning after June 30, 2009, and ending before the effective date of this paragraph, nor during the period after June 30, 2011.

AB75-SSA1, s. 3406m Section 3406m. 2005 Wisconsin Act 25, section 9105 (1) (h) 1. is amended to read: - See PDF for table

AB75-SSA1, s. 3406p Section 3406p. 2005 Wisconsin Act 25, section 9105 (9), as last affected by 2007 Wisconsin Act 20, section 3936m, is repealed.

AB75-SSA1, s. 3407 Section 3407. 2005 Wisconsin Act 25, section 9152 (5), as last affected by 2007 Wisconsin Act 20, section 3937, is renumbered 36.335 of the statutes and amended to read:

AB75-SSA1,1724,13 36.335 Sale of real property other land; buildings and structures. If Except as provided in s. 36.33, if the Board of Regents of the University of Wisconsin System sells any real property under its jurisdiction during the period prior to July 1, 2007, and the period beginning on the effective date of this subsection October 27, 2007, and ending on June 30, 2009, and the period beginning on the effective date of this section .... [LRB inserts date], the board shall credit the net proceeds of the sale to the appropriation account under section s. 20.285 (1) (iz) of the statutes, as affected by this act, except that if there is any outstanding public debt used to finance the acquisition, construction, or improvement of any property that is sold, the board shall deposit a sufficient amount of the net proceeds from the sale of the property in the bond security and redemption fund under section s. 18.09 of the statutes to repay the principal and pay the interest on the debt, and any premium due upon refunding any of the debt. If the property was acquired, constructed, or improved with federal financial assistance, the board shall pay to the federal government any of the net proceeds required by federal law. If the property was acquired by gift or grant or acquired with gift or grant funds, the board shall adhere to any restriction governing use of the proceeds.