Amendment AA2-AB78

CMH&RPN:kjf&cjs:ph

2009 - 2010 LEGISLATURE

ASSEMBLY AMENDMENT 2, TO 2009 ASSEMBLY BILL 78

April 17, 2009 - Offered by Representative Gundrum.

AB78-AA2,1,1 At the locations indicated, amend the bill as follows:

AB78-AA2,1,3 1. Page 2, line 2: delete the material beginning with that line and ending with page 3, line 2, and substitute:

AB78-AA2,1,7 "895.46 (9) (a) The state shall reimburse a state officer or state employee for reasonable attorney fees and costs incurred by the officer or employee in connection with a John Doe proceeding under s. 968.26 (2) arising from the officer's or employee's conduct in the performance of official duties if all the following apply:

AB78-AA2,1,8 1. The officer or employee was acting within the scope of his or her employment.

AB78-AA2,1,10 2. The officer or employee is not convicted of a crime arising from the conduct that is the subject of any criminal complaint issued under s. 968.26 (2) (d).

AB78-AA2,2,2 (b) The state shall reimburse a state officer or state employee for reasonable attorney fees and costs incurred by the officer or employee in defending a criminal complaint issued under s. 968.26 (2) (d) arising from the officer's or employee's conduct in the performance of official duties if all of the following apply:

AB78-AA2,2,3 1. The officer or employee was acting within the scope of his or her employment.

AB78-AA2,2,5 2. The officer or employee is not convicted of a crime arising from the conduct that is the subject of the criminal complaint issued under s. 968.26 (2) (d).".

AB78-AA2,2,6 2. Page 3, line 6: on lines 6 and 8, delete "(a)" and substitute "(am)".

AB78-AA2,2,8 3. Page 3, line 10: after " district attorney" insert "or, if the complaint may relate to the conduct of the district attorney, to another prosecutor under s. 978.045".

AB78-AA2,2,9 4. Page 4, line 13: after "(2)" insert "(a),".

AB78-AA2,2,10 5. Page 4, line 13: after that line insert:

AB78-AA2,2,12 "968.26 (2) (a) Except in par. (am), in this subsection, "district attorney" includes a prosecutor to whom the judge has referred the complaint under par. (am).".

AB78-AA2,2,13 6. Page 4, line 14: delete "968.26 (2)".

AB78-AA2,2,14 7. Page 4, line 14: delete "par. (a)" and substitute "par. (am)".

AB78-AA2,2,16 8. Page 4, line 15: after "the referral," insert "unless the judge extends that period for cause shown,".

AB78-AA2,2,18 9. Page 4, line 18: after "the matter" insert "that are in the custody of the district attorney".

AB78-AA2,2,21 10. Page 4, line 20: after "charges." insert "The judge may require a law enforcement agency to provide to him or her any investigative reports that the law enforcement agency has on the matter.".

AB78-AA2,2,22 11. Page 6, line 2: after that line insert:

AB78-AA2,2,23 " Section 7e. 978.045 (1r) (i) of the statutes is created to read:

AB78-AA2,3,3 978.045 (1r) (i) A judge determines that a complaint received under s. 968.26 (2) (am) relates to the conduct of the district attorney to whom the judge otherwise would refer the complaint.".

AB78-AA2,3,4 (End)