SB492: Bill Text

SB492,15,22 (a) The person was a victim of trafficking for the purposes of a commercial sex act, as defined in s. 940.302 (1) (a), under s. 940.302 or 948.051 or under 22 USC 7101 to 7112.

SB492,15,24 (b) The person committed the violation of s. 944.30 as a result of being a victim of trafficking for the purposes of a commercial sex act.

SB492,16,5 (c) The person submitted a motion that complies with s. 971.30, that contains a statement of facts and, if applicable, the reason the person did not previously raise an affirmative defense under s. 939.46 or allege that the violation was committed as a result of being a victim of trafficking for the purposes of a commercial sex act, and that may include any of the following:

SB492,16,6 1. Certified records of federal or state court proceedings.

SB492,16,8 2. Certified records of approval notices, law enforcement certifications, or similar documents generated from federal immigration proceedings.

SB492,16,9 3. Official documentation from a federal, state, or local government agency.

SB492,16,11 4. Other relevant and probative evidence of sufficient credibility in support of the motion.

SB492,16,15 (d) The person made the motion with due diligence subject to reasonable concern for the safety of himself or herself, family members, or other victims of trafficking for the purposes of a commercial sex act or subject to other reasons consistent with the safety of persons.

SB492,16,19 (e) A copy of the motion has been served on the office of the district attorney that prosecuted the case that resulted in the conviction, adjudication, or finding except that failure to serve a copy does not deprive the court of jurisdiction and is not grounds for dismissal of the motion.

SB492,16,22 (f) The court in which the motion was made notified the appropriate district attorney's office of the motion and has given the district attorney's office an opportunity to respond to the motion.

SB492,16,24 (g) The court determines that the person will benefit and society will not be harmed by a disposition.

SB492,50 Section 50. 973.015 (3) of the statutes is created to read:

SB492,17,2 973.015 (3) A special disposition under this section is not a basis for a claim under s. 775.05.

SB492,51 Section 51. 973.055 (1) (a) 1. of the statutes is amended to read:

SB492,17,10 973.055 (1) (a) 1. The court convicts the person of a violation of a crime specified in s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.19, 940.20 (1m), 940.201, 940.21, 940.225, 940.23, 940.235, 940.285, 940.30, 940.305, 940.31, 940.32, 940.42, 940.43, 940.44, 940.45, 940.48, 941.20, 941.30, 943.01, 943.011, 943.14, 943.15, 946.49, 947.01 (1), 947.012 or 947.0125 or of a municipal ordinance conforming to s. 940.201, 941.20, 941.30, 943.01, 943.011, 943.14, 943.15, 946.49, 947.01 (1), 947.012 or 947.0125; and

SB492,52 Section 52. 973.075 (1) (a) of the statutes is amended to read:

SB492,17,14 973.075 (1) (a) All property, real or personal, including money, used in the course of, intended for use in the course of, or directly or indirectly derived from or realized through the commission of any crime.

SB492,53 Section 53. 973.075 (1) (b) 1m. c. of the statutes is amended to read:

SB492,17,18 973.075 (1) (b) 1m. c. In the commission of a crime in violation of s. 940.302, 944.30 (1m), 944.31, 944.32, 944.33 or , 944.34, 948.02, 948.025, 948.05, 948.051, 948.055, 948.06, 948.07, 948.08, 948.09, 948.10, 948.12, or 948.14.

SB492,54 Section 54. 973.075 (2) (intro.) of the statutes is amended to read:

SB492,17,25 973.075 (2) (intro.) A law enforcement officer may seize property subject to this section upon process issued by any court of record having jurisdiction over the property. Except for vehicles used in the commission of a crime in violation of s. 940.302, 944.30 (1m), 944.31, 944.32, 944.33 or, 944.34, 948.02, 948.025, 948.05, 948.051, 948.055, 948.06, 948.07, 948.08, 948.09, 948.10, 948.12, or 948.14, seizure without process may be made under any of the following circumstances:

SB492,55 Section 55. 973.075 (5m) (c) (intro.) of the statutes is amended to read:

SB492,18,8 973.075 (5m) (c) (intro.) If, by the forfeiture action deadline, a summons, complaint and affidavit have not been filed under s. 973.076 (2) (a) (1) (b) 1. with respect to property seized under sub. (1) (e), the prosecutor shall notify the victim, if known, by certified mail no later than 7 days after the forfeiture action deadline. The prosecutor shall then return the property to the person from whom it was seized no earlier than 60 days and no later than 90 days after the forfeiture action deadline unless one of the following applies:

SB492,56 Section 56. 973.076 (1) (title) of the statutes is created to read:

SB492,18,10 973.076 (1) (title) Civil forfeitures.

SB492,57 Section 57. 973.076 (1) of the statutes is renumbered 973.076 (1) (a).

SB492,58 Section 58. 973.076 (2) of the statutes is renumbered 973.076 (1) (b), and 973.076 (1) (b) 3., as renumbered, is amended to read:

SB492,18,15 973.076 (1) (b) 3. In counties having a population of 500,000 or more, the district attorney or the corporation counsel may proceed under par. (a). subd. 1.

SB492,59 Section 59. 973.076 (2m) of the statutes is created to read:

SB492,18,20 973.076 (2m) Criminal forfeitures. (a) In addition to any penalties under this chapter, the court shall, with due provision for the rights of innocent persons, order forfeiture of any property specified in s. 973.075 (1) in accordance with pars. (b), (c), and (d).

SB492,19,2 (b) A criminal complaint must allege the extent of property subject to forfeiture under this subsection. At trial, the court or the jury shall return a special verdict determining the extent of property, if any, that is subject to forfeiture under this subsection. When a special verdict contains a finding of property subject to a forfeiture under this subsection, a judgment of criminal forfeiture shall be entered along with the judgment of conviction under s. 972.13.

SB492,19,9 (c) An injured person has a right or claim to forfeited property or the proceeds derived from forfeited property under this subsection that is superior to any right or claim the state has in the property or proceeds. This paragraph does not grant the injured person priority over state claims or rights by reason of a tax lien or other basis not covered by this section or by s. 973.075 or 973.077. All rights, titles, and interest in property specified in s. 973.075 (1) vest in the state upon the commission of the act giving rise to forfeiture under this subsection.

SB492,19,18 (d) An injured or innocent person may petition the court for relief from the judgment of criminal forfeiture entered under par. (b) within 30 days after it is entered. The person filing the petition has the burden of satisfying or convincing to a reasonable certainty by the greater weight of the evidence that the person has a bona fide perfected security interest in the property subject to forfeiture in s. 973.075 (1) or any other property subject to forfeiture in sub. (4). The court may order that a person with a bona fide perfected security interest be paid from the proceeds of the forfeiture or any other equitable relief necessary so as to do substantial justice to the person.

SB492,60 Section 60. Effective dates. This act takes effect on the day after publication, except as follows:

SB492,19,22 (1) The treatment of sections 51.20 (13) (cr), 165.76 (1) (am), 938.34 (15) (a) 1., and 971.17 (1m) (a) 1. of the statutes takes effect on April 1, 2015.

SB492,19,23 (End)