Amendment ASA1-AB40

AB40-ASA1,2342r Section 2342r. 969.12 (2) of the statutes is amended to read:

AB40-ASA1,1233,4 969.12 (2) A surety under this chapter shall be a natural person, except who is a resident of this state or a surety under s. 345.61 or, subject to s. 969.02 (2) or 969.03 (1) (d), a bail bond agent or bail bond agency that is licensed under s. 440.282 (1) or (2). No surety under this chapter may be compensated for acting as such a surety, except that a bail bond agent or bail bond agency that is licensed under s. 440.282 (1) or (2) shall be compensated at a rate of 10 percent of the amount of the bond set.

AB40-ASA1,2342w Section 2342w. 969.15 of the statutes is created to read:

AB40-ASA1,1233,10 969.15 Pretrial release; reports. (1) The director of state courts shall create and make available to the clerks of court in Dane, Kenosha, Milwaukee, Racine, and Waukesha counties forms for reporting under this section and shall prescribe a schedule for the clerks of court to return the completed forms. The director of state courts shall require, at a minimum, annual reports from the clerks of the counties.

AB40-ASA1,1233,14 (2) The clerks of court in Dane, Kenosha, Milwaukee, Racine, and Waukesha counties shall, using the forms provided by the director of state courts and according to the schedule prescribed by the director of state courts, provide the following information to the director of state courts:

AB40-ASA1,1233,16 (a) The number of persons charged in the county released pursuant to s. 969.02 (1).

AB40-ASA1,1233,21 (b) The number of persons charged in the county released pursuant to s. 969.02 (2) and the amount of the appearance bond required. For each person released pursuant to s. 969.02 (2) who used a surety, whether the surety is a natural person, a surety under s. 345.61, or a bail bond agent or bail bond agency that is licensed under s. 440.282 (1) or (2).

AB40-ASA1,1233,23 (c) The number of persons charged in the county released pursuant to s. 969.03 (1) without bail or upon the execution of an unsecured appearance bond.

AB40-ASA1,1234,4 (d) The number of persons charged in the county released pursuant to s. 969.03 (1) upon the execution of an appearance bond under s. 969.03 (1) (d), and the amount of the appearance bond required. For each person released pursuant to s. 969.03 (1) upon the execution of an appearance bond under s. 969.03 (1) (d) who used a surety, whether the surety is a natural person, a surety under s. 345.61, or a bail bond agent or bail bond agency that is licensed under s. 440.282 (1) or (2).

AB40-ASA1,1234,9 (e) The number of court orders entered under s. 969.13 (1) because a person failed to make a required court appearance and, for each order counted under this paragraph, whether the person who forfeited bail had used a surety who is a natural person, a surety under s. 345.61, or a bail bond agent or bail agency that is licensed under s. 440.282 (1) or (2).

AB40-ASA1,1234,12 (f) The amounts of bail forfeited and subsequently collected and a description of how the collected amounts were allocated by the clerk of courts and the county treasurer.

AB40-ASA1,1234,13 (g) The amounts of bail forfeited and not collected.

AB40-ASA1,1234,16 (h) The disposition of the case against every person subject to an order counted under par. (e), including a statement as to whether, when, and by whom the person was located after he or she failed to make a required court appearance.

AB40-ASA1,1234,18 (i) A statement as to the time and cost expended by the county to locate a person subject to an order counted under par. (e).

AB40-ASA1,1234,22 (3) The director of state courts shall, no later than 4 years and 4 months after the effective date of this subsection .... [LRB inserts date], submit to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), a report summarizing the reports prepared by the clerks of court pursuant to sub. (2).

AB40-ASA1,2343 Section 2343. 970.02 (8) of the statutes is created to read:

AB40-ASA1,1235,7 970.02 (8) If the offense charged is a felony, the judge shall determine if a biological specimen has been obtained from the defendant under s. 165.84 (7), and, if not, the judge shall direct that a law enforcement agency or tribal law enforcement agency obtain a biological specimen from the defendant and submit it to the state crime laboratories as specified in rules promulgated by the department of justice under s. 165.76 (4). If the judge requires the defendant to provide a specimen under this subsection or if a biological specimen has already been obtained from the defendant, the judge shall inform the defendant that he or she may request expungement under s. 165.77 (4).

AB40-ASA1,2344 Section 2344. 971.17 (1m) (a) of the statutes is renumbered 971.17 (1m) (a) 1. and amended to read:

AB40-ASA1,1235,15 971.17 (1m) (a) 1. If the defendant under sub. (1) is found not guilty by reason of mental disease or defect for a felony or a violation of s. 165.765 (1), 2011 stats., or of s. 940.225 (3m), 941.20 (1), 944.20, 944.30, 944.31, 944.33 (1), 946.52, or 948.10 (1) (b), the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. The judge shall inform the person that he or she may request expungement under s. 165.77 (4).

AB40-ASA1,2344c Section 2344c. 971.17 (1m) (a) 2. of the statutes is created to read:

AB40-ASA1,1235,19 971.17 (1m) (a) 2. Biological specimens required under subd. 1. shall be obtained and submitted as specified in rules promulgated by the department of justice under s. 165.76 (4).

AB40-ASA1,2345 Section 2345. 973.042 (3) of the statutes is repealed.

AB40-ASA1,2346 Section 2346. 973.042 (5) of the statutes is amended to read:

AB40-ASA1,1236,2 973.042 (5) The secretary of administration shall credit part A of the surcharge to the appropriation account under s. 20.410 (1) (gj). The secretary of administration shall credit part B of the surcharge to the appropriation account under s. 20.455 (2) (5) (gj). The secretary of administration shall credit part C of the surcharge to the appropriation account under s. 20.505 (6) (gj).

AB40-ASA1,2347 Section 2347. 973.043 (3) of the statutes is amended to read:

AB40-ASA1,1236,6 973.043 (3) All moneys collected from drug offender diversion surcharges shall be credited to the appropriation account under s. 20.505 (6) (ku) 20.455 (2) (kv) and used for the purpose of making grants to counties under s. 16.964 (12) 165.95.

AB40-ASA1,2348 Section 2348. 973.045 (1) of the statutes is amended to read:

AB40-ASA1,1236,12 973.045 (1) If a court imposes a sentence or places a person on probation, the court shall impose a crime victim and witness assistance surcharge . A surcharge imposed under this subsection may not be waived, reduced, or forgiven for any reason. The surcharge is the total amount calculated by adding up the amount for every misdemeanor count and every felony count as follows:

AB40-ASA1,1236,13 (a) For each misdemeanor offense or count on which a conviction occurred, $67.

AB40-ASA1,1236,14 (b) For each felony offense or count on which a conviction occurred, $92.

AB40-ASA1,2349 Section 2349. 973.045 (1r) of the statutes is repealed.

AB40-ASA1,2350 Section 2350. 973.045 (2) of the statutes is amended to read:

AB40-ASA1,1236,22 973.045 (2) After the clerk determines the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under s. 59.25 (3) (f) 2. The secretary of administration shall credit to the appropriation account under s. 20.455 (5) (g) the amount paid to the secretary by the county treasurer under this subsection and any amount collected under sub. (4).

AB40-ASA1,2351 Section 2351. 973.045 (2m) of the statutes is repealed.

AB40-ASA1,2352 Section 2352. 973.045 (3) of the statutes is repealed.

AB40-ASA1,2352m Section 2352m. 973.0455 of the statutes is created to read:

AB40-ASA1,1237,5 973.0455 Crime prevention funding board surcharge. (1) If a court imposes a sentence or places a person on probation, the court shall impose a crime prevention funding board surcharge. The surcharge is the total amount calculated by adding up, for each misdemeanor or felony count on which a conviction occurred, $20.

AB40-ASA1,1237,8 (2) After the clerk determines the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (n). The county treasurer shall then distribute the moneys under s. 59.25 (3) (gm).

AB40-ASA1,2353 Section 2353. 973.046 (1g) of the statutes is repealed.

AB40-ASA1,2354 Section 2354. 973.046 (1r) of the statutes is renumbered 973.046 (1r) (intro.) and amended to read:

AB40-ASA1,1237,15 973.046 (1r) (intro.) If a court imposes a sentence or places a person on probation for a violation of s. 940.225, 948.02 (1) or (2), 948.025, 948.085, the court shall impose a deoxyribonucleic acid analysis surcharge of $250., calculated as follows:

AB40-ASA1,2355 Section 2355. 973.046 (1r) (a) and (b) of the statutes are created to read:

AB40-ASA1,1237,17 973.046 (1r) (a) For each conviction for a felony, $250.

AB40-ASA1,1237,18 (b) For each conviction for a misdemeanor, $200.

AB40-ASA1,2356 Section 2356. 973.047 (1f) of the statutes is amended to read:

AB40-ASA1,1237,25 973.047 (1f) If a court imposes a sentence or places a person on probation for a felony conviction or for a conviction for a violation of s. 165.765 (1), 940.225 (3m), 944.20, or 948.10 (1) (b), the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. The court shall inform the person that he or she may request expungement under s. 165.77 (4).

AB40-ASA1,2357 Section 2357. 973.047 (1m) of the statutes is amended to read:

AB40-ASA1,1238,5 973.047 (1m) The results from deoxyribonucleic acid analysis of a specimen provided under this section may be used only as authorized under s. 165.77 (3). The state crime laboratories shall destroy any such specimen in accordance with s. 165.77 (3).

AB40-ASA1,2358 Section 2358. 973.047 (2) of the statutes is amended to read:

AB40-ASA1,1238,12 973.047 (2) The department of justice shall promulgate rules providing for procedures for defendants to provide specimens when Biological samples required to do so under this section and for the transportation of those specimens to the state crime laboratories for analysis under s. 165.77 sub. (1f) shall be obtained and submitted as specified in rules promulgated by the department of justice under s. 165.76 (4).

AB40-ASA1,2358m Section 2358m. 973.05 (2m) (jr) of the statutes is created to read:

AB40-ASA1,1238,15 973.05 (2m) (jr) To payment of the crime prevention funding board surcharge until paid in full.

AB40-ASA1,2359 Section 2359. 973.09 (3) (bg) of the statutes is created to read:

AB40-ASA1,1239,2 973.09 (3) (bg) 1. At least 90 days before the expiration date of a probationer's period of probation, the department shall notify the sentencing court and district attorney that a probationer owes an unpaid surcharge imposed under s. 973.045. Upon receiving notice from the department, the court shall schedule a probation review hearing to be held before the expiration date of the period of probation unless the probationer either pays the unpaid surcharge before the scheduled hearing date or voluntarily waives the hearing. A waiver of a probation review hearing under this paragraph must include an acknowledgment by the probationer that waiver may result in an extension of the probation period, a modification of the terms and conditions of probation, or a revocation of probation.

AB40-ASA1,1239,6 2. If the court does not extend probation, the court shall issue a judgment for the unpaid surcharge and direct the clerk of circuit court to file and enter the judgment in the judgment and lien docket. The judgment has the same force and effect as judgments entered under s. 806.10.

AB40-ASA1,1239,12 3. At a probation review hearing scheduled under subd. 1., the department has the burden of proving that the probationer owes an unpaid surcharge imposed under s. 973.045 and the amount of the unpaid surcharge. If the department proves by a preponderance of the evidence that the probationer owes an unpaid surcharge under s. 973.045, the court may, by order, extend the period of probation for a stated period or modify the terms and conditions of probation.

AB40-ASA1,1239,19 4. If the court does not extend or modify the terms of probation under subd. 3., the court shall issue a judgment for the unpaid surcharge and direct the clerk of circuit court to file and enter the judgment in the judgment and lien docket without fee. If the court issues a judgment for the unpaid surcharge, the court shall send to the department a written notification that a civil judgment has been issued for the unpaid fees. The judgment has the same force and effect as judgments entered under s. 806.10.

AB40-ASA1,2360 Section 2360. 973.155 (1m) of the statutes is amended to read:

AB40-ASA1,1240,2 973.155 (1m) A convicted offender shall be given credit toward the service of his or her sentence for all days spent in custody as part of a substance abuse treatment program that meets the requirements of s. 16.964 (12) (c) 165.95 (3), as determined by the office of justice assistance department of justice under s. 16.964 (12) (i) 165.95 (9) and (10), for any offense arising out of the course of conduct that led to the person's placement in that program.

AB40-ASA1,2360m Section 2360m. 978.12 (1) (b) of the statutes is amended to read:

AB40-ASA1,1240,7 978.12 (1) (b) Deputy district attorneys. Deputy district attorneys shall be employed outside the classified service. The state shall establish and adjust the salaries of deputy district attorneys in accordance with s. 230.12 (10) and the state compensation plan.

AB40-ASA1,2360w Section 2360w. 980.063 (1) (a) of the statutes is amended to read:

AB40-ASA1,1240,12 980.063 (1) (a) If a person is found to be a sexually violent person under this chapter, the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. The court shall inform the person that he or she may request expungement under s. 165.77 (4).

AB40-ASA1,2361 Section 2361. 980.063 (1) (b) of the statutes is amended to read:

AB40-ASA1,1240,16 980.063 (1) (b) The results from deoxyribonucleic acid analysis of a specimen under par. (a) may be used only as authorized under s. 165.77 (3). The state crime laboratories shall destroy any such specimen in accordance with s. 165.77 (3).

AB40-ASA1,2362 Section 2362. 980.063 (2) of the statutes is amended to read:

AB40-ASA1,1240,22 980.063 (2) The department of justice shall promulgate rules providing for procedures for defendants to provide specimens Biological samples required under sub. (1) and for the transportation of those specimens to the state crime laboratories for analysis under s. 165.77 (a) shall be obtained and submitted as specified in rules promulgated by the department of justice under s. 165.76 (4).

AB40-ASA1,2363 Section 2363. 995.10 (1) (i) 1. d. of the statutes is created to read:

AB40-ASA1,1241,2 995.10 (1) (i) 1. d. Owns an automated roll-your-own machine that is used to make cigarettes, not including an individual who owns a roll-your-own machine and uses the machine in his or her home solely to make cigarettes for his or her personal use or for the use of other individuals who live in his or her home.

AB40-ASA1,2363m Section 2363m. 2007 Wisconsin Act 20, section 9105 (1) (a) 2., as last amended by 2009 Wisconsin Act 28, section 3409n, is amended to read:

AB40-ASA1,1241,6 [2007 Wisconsin Act 20] Section 9105 (1) (a) - See PDF for table

AB40-ASA1,2363p Section 2363p. 2011 Wisconsin Act 32, section 9106 (1) (i) 3. is amended to read:

AB40-ASA1,1241,10 [2011 Wisconsin Act 32] Section 9106 (1) - See PDF for table

AB40-ASA1,2364 Section 2364. 2011 Wisconsin Act 32, section 9219 (1u) is amended to read:

AB40-ASA1,1243,4 [2011 Wisconsin Act 32] Section 9219 (1u) Appropriation lapses and reestimates. The governor shall take actions during the 2011-13 and 2013-15 fiscal biennia fiscal biennium to ensure that from general purpose revenue appropriations to the office of the governor under section 20.525 of the statutes an amount equal to $582,200 is lapsed from sum certain appropriation accounts or is subtracted from the expenditure estimates for any other types of appropriations, or both, in each that fiscal biennium.

AB40-ASA1,2364m Section 2364m. 2011 Wisconsin Act 32, section 9245 (2f) is amended to read:

AB40-ASA1,1243,17 [2011 Wisconsin Act 32] Section 9245 (2f) Appropriation lapses and reestimates. The chief justice of the supreme court, acting as administrative head of the judicial system, shall take actions during the 2011-13 and 2013-15 fiscal biennia to ensure that from general purpose revenue and program revenue appropriations to the circuit courts under section 20.625 of the statutes, to the court of appeals under section 20.660 of the statutes, and to the supreme court under 20.680 of the statutes an amount equal to $16,960,400 is lapsed from sum certain appropriation accounts or is subtracted from the expenditure estimates for any other types of appropriations, or both, in each the 2011-13 fiscal biennium, and an amount equal to $11,807,400 is lapsed from sum certain appropriation accounts or is subtracted from the expenditure estimates for any other types of appropriations, or both, in the 2013-15 fiscal biennium.

AB40-ASA1,2365 Section 2365. 2011 Wisconsin Act 32, section 9255 (1) (b) is amended to read:

AB40-ASA1,1244,8 [2011 Wisconsin Act 32] Section 9255 (1) (b) Notwithstanding section 20.001 (3) (a) to (c) of the statutes, but subject to paragraph (e), the secretary of administration shall lapse to the general fund from the unencumbered balances of general purpose revenue and program revenue appropriations to executive branch state agencies, other than sum sufficient appropriations and appropriations of federal revenues, an amount equal to $174,300,000 in the 2011-13 fiscal biennium and $174,300,000 in the 2013-15 fiscal biennium. Before lapsing any moneys under this paragraph, the secretary shall develop a plan for lapsing the moneys and shall submit the plan to the joint committee on finance. If the cochairpersons of the joint committee on finance do not notify the secretary within 14 working days after the date of the submittal of the plan that the committee has scheduled a meeting to review the plan, the plan may be implemented by the secretary. If, within 14 days after the date of the submittal of the plan, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting to review the plan, moneys may be lapsed only after the plan has been approved by the committee.

AB40-ASA1,2365m Section 2365m. 2011 Wisconsin Act 32, section 9452 (1d) is amended to read:

AB40-ASA1,1245,2 [2011 Wisconsin Act 32] Section 9452 (1d) University of Wisconsin. The treatment of sections 16.705 (1r) (d) and (e), (2), (3) (intro.), 16.71 (1m) (by Section 241f) and (4), 16.72 (8), 16.73 (5), 16.78 (1), 16.993 (7), and 20.916 (10) of the statutes, the renumbering and amendment of section 16.417 (2) (f) of the statutes, and the creation of section 16.417 (2) (f) 2. of the statutes take effect on July 1, 2013, and the treatment of sections 19.42 (13) (b), (c), and (cm), 19.45 (11) (a) and (b), 20.865 (1) (c), (ci), (i), (ic), (s), and (si), 20.916 (10), 20.923 (4g), (5), (6) (Lm) and (m), (14) (b), (15) (b), and (16), 36.09 (1) (e), (i), (j), and (k), 36.15 (2), 36.30, 36.52, 40.02 (30), 111.335 (1) (cv), 111.81 (7) (ar) and (at), 111.815 (1) and (2), 111.825 (1r), (1t), (2) (a), (b), (c), (f), (g), (h), and (i), (3), (4), (6), and (7), 111.83 (5) (a), (b), and (c), 111.84 (2) (c), 111.91 (4), 111.93 (2) and (3), 111.935 (2), 230.01 (1), 230.03 (3), (6), (6m), (10h), and (13), 230.08 (2) (cm), (d), (dm), and (k), 230.10 (2), 230.12 (1) (a) 1. b. and (3) (e) (title) and 1., and 230.34 (1) (ar) of the statutes, the repeal of sections 36.58 (5) and 230.143 (1) and (2) of the statutes, the renumbering of sections 111.83 (7) and 111.85 (5) of the statutes, the renumbering and amendment of sections 16.417 (2) (f), 111.92 (1) (a), and 230.143 (intro.) of the statutes, and the creation of sections 16.417 (2) (f) 2., 111.83 (7) (b), 111.85 (5) (b), and 111.92 (1) (a) 2. and 3. of the statutes, and Sections 9152 (1c) of this act take effect on July 1, 2013 2015.

AB40-ASA1,2365r Section 2365r. 2011 Wisconsin Act 166, section 28 (1) is amended to read:

AB40-ASA1,1245,6 [2011 Wisconsin Act 166] Section 28 (1) Teaching license. The treatment of section 118.19 (14) (a) of the statutes first applies to an application for a teaching license received by the department of public instruction on January 1 31, 2014.

AB40-ASA1,2366 Section 2366. 2011 Wisconsin Act 212, section 13 (1) of the statutes is repealed.

AB40-ASA1,9101 Section 9101. Nonstatutory provisions; Administration.

AB40-ASA1,1245,10 (1) Transfer of office of justice assistance.

AB40-ASA1,1245,23 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the office of justice assistance, except those that are primarily related to administering federal homeland security moneys, or to reintegrating American Indians who have been incarcerated, as determined by the department of administration become the assets and liabilities of the department of justice. On the effective date of this paragraph, the assets and liabilities of the office of justice assistance that are primarily related to administering federal homeland security moneys, and not related to interoperable communications, as determined by the department of administration, become the assets and liabilities of the department of military affairs. On the effective date of this paragraph, the assets and liabilities of the office of justice assistance that are primarily related to the reintegration of American Indians who have been incarcerated, as determined by the department of administration, become the assets and liabilities of the department of corrections.

AB40-ASA1,1246,12 (b) Employee transfers. On the effective date of this paragraph, the incumbents holding those positions in the department of administration performing duties that are primarily related to the office of justice assistance, except those positions performing duties that are primarily related to administering federal homeland security moneys, or to reintegrating American Indians who have been incarcerated, as determined by the department of administration, are transferred to the department of justice. On the effective date of this paragraph, the incumbents holding those positions that are primarily related to administering federal homeland security moneys, and not related to interoperable communications, as determined by the department of administration, are transferred to the department of military affairs. On the effective date of this paragraph, the incumbents holding those positions that are primarily related to reintegrating American Indians who have been incarcerated, as determined by the department of administration, are transferred to the department of corrections.

AB40-ASA1,1246,19 (c) Employee status. Employees transferred under paragraph (b ) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of justice, the department of military affairs, or the department of corrections, whichever is applicable, that they enjoyed in the office of justice assistance immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.