LRB-0029/1
PJH:kjf
2015 - 2016 LEGISLATURE
February 1, 2016 - Introduced by Senators L. Taylor, Harris Dodd and Miller,
cosponsored by Representatives
Goyke, Ohnstad, Kessler, Pope, Sinicki,
Zepnick, Johnson and Barnes. Referred to Committee on Judiciary and
Public Safety.
SB677,1,3
1An Act to create 976.045 of the statutes;
relating to: creating a Uniform
2Collateral Consequences of Conviction Act and granting rule-making
3authority.
Analysis by the Legislative Reference Bureau
This bill addresses the issue of collateral consequences to a conviction or finding
of delinquency. The bill defines a collateral consequence as a disqualification or a
penalty, disability, or disadvantage imposed by operation of law that a person suffers
as a result of being convicted of, or found delinquent for, an offense. A collateral
consequence does not include imprisonment, probation, imposition of fine,
assessment, or forfeiture, or costs of prosecution.
The bill requires the Legislative Reference Bureau and the Legislative Council
staff, under the direction of the Joint Review Committee on Criminal Penalties, to
identify and create a list of collateral consequences that accrue under state law and
administrative rules. Under the bill, a person who is charged with or indicted for an
offense must receive information about collateral consequences when he or she is
charged or indicted.
If a person is convicted or adjudicated delinquent, the bill requires the
sentencing court to inform the person that collateral consequences may apply as a
result of the conviction or adjudication and that there may be ways to obtain relief
from the collateral consequences. The bill also requires the court to let the person
know when he or she may vote and where he or she may find assistance for relief from
collateral consequences from a government or nonprofit agency. Under the bill, if a
court fails to provide this information to a person, or if the person does not receive
information about collateral consequences when he or she is charged or indicted, that
is not grounds to invalidate a plea or a conviction or adjudication of delinquency or
grounds for money damages or a claim for relief from any collateral consequence.
Under the bill, a conviction or adjudication of delinquency in another state has
the same effect as a conviction or adjudication of delinquency in this state for an
offense that has the same elements. A pardon or vacation of a conviction or
adjudication of delinquency that occurs in another state has the same effect as a
pardon or vacation of a conviction or adjudication of delinquency in this state.
Under the bill, a person who has been convicted of, or adjudicated delinquent
for, an offense may petition the sentencing court, at the time of sentencing, or the
court for the county in which he or she lives, after sentencing, for an order of limited
relief from one or more collateral consequences that relate to the person's
employment, education, housing, public benefits, or occupational licensing. If the
court hearing the petition determines that granting the petition of relief would
materially assist the person in obtaining employment, education, housing, public
benefits, or occupational licensing and not put the public at unreasonable risk, the
court may order that certain collateral consequences not apply to the person. The
court may not relieve a person of his or her duty to register as a sex offender or, if the
person is eligible to apply for an occupational driver's license, reinstate driving
privileges.
Under the bill, any person may petition the court for the county in which he or
she lives for a certificate of restoration of rights relieving collateral consequences
after three years have passed since the person's most recent conviction or
adjudication of delinquency or three years have passed since the person was released
from confinement, whichever occurs later. The bill requires the court to consider
several factors, including the person's criminal record and public safety, and allows
the court to grant a complete or partial restoration of rights relieving collateral
consequences. In addition, the bill requires a court to issue a certificate of restoration
of full rights if a person has been pardoned by a governor.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB677,1
1Section
1. 976.045 of the statutes is created to read:
SB677,2,4
2976.045 Uniform Collateral Consequences of Conviction Act. (1) 3Citation. This section may be cited as the "Uniform Collateral Consequences of
4Conviction Act."
SB677,2,5
5(2) Definitions. In this section:
SB677,3,1
1(a) "Collateral consequence" means a collateral sanction or a disqualification.
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(b) "Collateral sanction" means a penalty, disability, or disadvantage, however
3denominated, imposed on an individual as a result of the individual's conviction or
4adjudication of delinquency for an offense that applies by operation of law whether
5or not it is included in the judgment or sentence. The term does not include
6imprisonment, probation, parole, extended supervision, forfeiture, restitution, fine,
7assessment, or costs of prosecution.
SB677,3,128
(c) "Decision maker" means the state acting directly or through its
9departments, agencies, officers, or instrumentalities, including political
10subdivisions, educational institutions, boards, or commissions, or their employees,
11and government contractors, including subcontractors, made subject to this section
12by contract, by law other than this section, or by ordinance.
SB677,3,1713
(d) "Disqualification" means a penalty, disability, or disadvantage, however
14denominated, that an administrative agency, governmental official, or a court in a
15civil proceeding is authorized, but not required, to impose on an individual on
16grounds relating to the individual's conviction or adjudication of delinquency for an
17offense.
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(e) "Offense" means a felony or a misdemeanor under the law of this state,
19another state, or the United States.
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(f) "State" means a state of the United States, the District of Columbia, Puerto
21Rico, the United States Virgin Islands, or any territory or insular possession subject
22to the jurisdiction of the United States.
SB677,3,24
23(3) Limitation on scope. (a) This section does not provide a basis for any of the
24following:
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1. Invalidating a plea, conviction, adjudication of delinquency, or sentence.
SB677,4,1
12. A cause of action for money damages.
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3. A claim for relief from, or defense to, the application of a collateral
3consequence based on a failure to comply with sub. (4), (5), or (6).
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(b) This section does not affect any of the following:
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1. The duty an individual's attorney owes to the individual.
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2. A claim or right of a victim of an offense.
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3. A right or remedy under law other than this section available to an individual
8convicted of or adjudicated delinquent for an offense.
SB677,4,12
9(4) Identification, collection, and publication of laws regarding collateral
10consequences. (a) The legislative reference bureau and legislative council staff,
11under the direction of the joint review committee on criminal penalties, shall do all
12of the following:
SB677,4,1613
1. Identify or cause to be identified any provision in this state's constitution,
14statutes, and administrative rules that imposes a collateral sanction or authorizes
15the imposition of a disqualification, and any provision of law that may afford relief
16from a collateral consequence.
SB677,4,1917
2. Within 120 days after the effective date of this subdivision .... [LRB inserts
18date], collect or cause to be collected citations to, and the text or short descriptions
19of, the provisions identified under subd. 1.
SB677,4,2120
3. Update or cause to be updated the collection of citations by December 1 of
21each even-numbered year.
SB677,5,222
(b) In complying with par. (a) 1. and 2., the legislative reference bureau and
23legislative council staff may rely on the study of this state's collateral sanctions,
24disqualifications, and relief provisions prepared by the National Institute of Justice
1described in Section 510 of the Court Security Improvement Act of 2007, P.L.
2110-177.
SB677,5,53
(c) The legislative reference bureau and legislative council staff shall include
4or cause to be included the following statements in a prominent manner at the
5beginning of the collection described in par. (a):
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1. This collection has not been enacted into law and does not have the force of
7law.
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2. An error or omission in this collection is not a reason for invalidating a plea,
9conviction, adjudication of delinquency, or sentence or for not imposing a collateral
10sanction or disqualification.
SB677,5,1311
3. The laws of the United States, other jurisdictions, and units of local
12governments that impose additional collateral sanctions and disqualifications are
13not listed in this collection.
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4. This collection does not include any law or other provision regarding the
15imposition of or relief from a collateral sanction or a disqualification enacted or
16adopted after the collection was prepared or last updated.
SB677,5,2017
(d) The joint review committee on criminal penalties shall publish or cause to
18be published the collection created and updated as required under par. (a). The
19collection must be available to the public on the Internet without charge within 7
20days after it is created or updated.
SB677,5,24
21(5) Notice of collateral consequences in pretrial proceeding. At the time
22an individual is charged with or indicted for an offense, the prosecutor shall attach
23to the complaint, or the court shall attach to the indictment, information
24substantially similar to the following:
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NOTICE OF ADDITIONAL LEGAL CONSEQUENCES
SB677,6,3
1If you plead guilty or are convicted of, or adjudicated delinquent for, an offense
2you may suffer additional legal consequences beyond jail or prison, probation,
3periods of extended supervision, and fines. These consequences may include:
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Being unable to get or keep some licenses, permits, or jobs.
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Being unable to get or keep benefits such as public housing or education.
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Receiving a harsher sentence if you are convicted of, or adjudicated delinquent
7for, another offense in the future.
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Having the government take your property.
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Being unable to vote or possess a firearm.
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If you are not a United States citizen, a guilty plea or conviction may also result
11in your deportation, removal, exclusion from admission to the United States, or
12denial of citizenship.
SB677,6,1313
The law may provide ways to obtain some relief from these consequences.
SB677,6,1614
Further information about the consequences of conviction or an adjudication of
15delinquency is available on the Internet at [insert Internet site address of the
16collection of laws published under sub. (4) (d)].
SB677,6,19
17(6) Notice of collateral consequences at sentencing and upon release. (a)
18The sentencing court shall provide the following information to an individual who
19is convicted of, or adjudicated delinquent for, an offense when he or she is sentenced:
SB677,6,2120
1. That collateral consequences may apply because of the conviction or
21adjudication.
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2. That there may be ways to obtain relief from collateral consequences.
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3. The Internet site address of the collection of laws published under sub. (4)
24(d).
SB677,7,3
14. Contact information for government or nonprofit agencies, groups, or
2organizations, if any, offering assistance to individuals seeking relief from collateral
3consequences.
SB677,7,44
5. When the individual may vote under this state's law.