Amendment ASA1-AB548

AB548-ASA1,17 Section 17. 775.05 (4m) and (4r) of the statutes are created to read:

AB548-ASA1,13,16 775.05 (4m) (a) On April 1 of each year, the claims board shall adjust the amount of yearly compensation specified in sub. (4) to reflect any changes in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, for the 12-month period ending on the preceding December 31. The board shall publish the adjusted amount so determined in the Wisconsin Administrative Register.

AB548-ASA1,13,19 (b) On January 1, 2022, and once every 5 years thereafter, the claims board shall make a recommendation to the legislature as to whether the dollar amount of the maximum award under sub. (4) should be changed.

AB548-ASA1,13,21 (4r) At any hearing conducted under this section, the petitioner may be represented by counsel of his or her own choosing.

AB548-ASA1,18 Section 18. 775.05 (5) of the statutes is amended to read:

AB548-ASA1,14,2 775.05 (5) The claims board shall keep a complete record of its the proceedings in each case petition under this section and of all the evidence related to the petition. The findings and decision of the division of hearings and appeals and the award of the claims board shall be subject to review as provided in ch. 227.

AB548-ASA1,19 Section 19 . 808.085 of the statutes is created to read:

AB548-ASA1,14,6 808.085 Wrongful imprisonment; relief. (1) If a court acts under s. 808.08 to release a person from confinement in a prison, the person may petition the court for any or all of the following:

AB548-ASA1,14,8 (a) A court order directing the department of corrections to create a transition to release plan.

AB548-ASA1,14,11 (b) A financial assistance award not to exceed 133 percent of the federal poverty level for up to 14 months, or while proceedings under s. 775.05 are pending, whichever is shorter.

AB548-ASA1,14,19 (c) Sealing of all records relating to the case. Records sealed under this section shall be available to the person. Records on the consolidated court automation program case management system shall be sealed and inaccessible by the public. Other records sealed under this section may not be made available for public inspection unless the person seeking access to the records files a petition with the court for access to the records and the court determines that the benefit to the public interest is greater than the harm to the public interest that may result from access to those records.

AB548-ASA1,14,23 (2) The court shall, within 10 days after it receives the petition under sub. (1), grant the relief sought if the person's criminal conviction was reversed, set aside, or vacated for reasons not inconsistent with the person's innocence of the crime for which he or she was convicted.

AB548-ASA1,15,2 (3) If a person who is granted relief under this section is subsequently convicted of the same charges for which he or she was granted relief, or if his or her conviction is reinstated, the person shall repay any financial assistance award granted under this section and all records related to the case shall be unsealed.

AB548-ASA1,15,8 (4) To the extent it is not contrary to or inconsistent with federal law, financial assistance a person receives pursuant to this section may not be included as income for the purpose of determining whether the person is indigent under rules promulgated under ch. 977 or for the purpose of determining the person's eligibility for any program for which the department of health services or the department of children and families provides services, benefits, or other assistance under ch. 49.

AB548-ASA1,20 Section 20 . 893.57 of the statutes is renumbered 893.57 (1).

AB548-ASA1,21 Section 21 . 893.57 (2) of the statutes is created to read:

AB548-ASA1,15,14 893.57 (2) Notwithstanding sub. (1), an action to recover damages for libel, slander, assault, battery, invasion of privacy, false imprisonment, or other intentional tort brought against a person who has received compensation for a wrongful conviction under s. 775.05 shall proceed as follows:

AB548-ASA1,15,19 (a) An action to recover damages for an intentional tort that resulted in a final judgement of conviction for a criminal offense that occurred prior to the offense for which the individual has been awarded compensation under s. 775.05 shall be brought within 3 years after the cause of action accrues or within one year after compensation is awarded under s. 775.05, whichever is later, or be barred.

AB548-ASA1,16,2 (b) If the action to recover damages for an intentional tort is brought later than 3 years after the cause of action accrues but within one year after compensation is awarded under s. 775.05, any damages awarded may not exceed 50 percent of the compensation awarded under s. 775.05, and any amounts the exonerated person receives as an annuity under s. 775.05 (4d) shall not be counted as part of the total compensation award but shall be exempt from a damage award for an intentional tort.

AB548-ASA1,22 Section 22 . 977.05 (4) (jr) of the statutes is created to read:

AB548-ASA1,16,6 977.05 (4) (jr) At the request of a person determined by the state public defender to be indigent or upon referral of any court, represent the person in proceedings under s. 775.05.

AB548-ASA1,23 Section 23 . 977.05 (4) (jw) of the statutes is created to read:

AB548-ASA1,16,10 977.05 (4) (jw) At the request of an inmate determined by the state public defender to be indigent or upon referral of any court, represent the person in proceedings under s. 808.085.

AB548-ASA1,24 Section 24 . Nonstatutory provisions.

AB548-ASA1,16,23 (1) Medical Assistance for wrongfully imprisoned persons. Notwithstanding the eligibility criteria under section 49.471 (4) (a) of the statutes, any individual who receives compensation under section 775.05 of the statutes after the effective date of this subsection is eligible for the Medical Assistance program under section 49.471 of the statutes during the period before January 1, 2019. The department of health services shall request any approval from the federal department of health and human services that is necessary to provide Medical Assistance benefits to those individuals. If federal approval is not necessary or if federal approval is received, the department of health services shall provide benefits under section 49.471 of the statutes to those individuals. If federal approval is not received, the department of health services is not required to provide Medical Assistance benefits to those individuals.

AB548-ASA1,25 Section 25. Initial applicability.

AB548-ASA1,17,15 (1) Except as provided in subsections (2) and (3), this act first applies with respect to petitions filed by persons who are released on or after March 13, 1980, from imprisonment for crimes of which they claim to be innocent. A person may petition for additional compensation if he or she was released from imprisonment on or after March 13, 1980, and accepted compensation from this state for wrongful imprisonment prior to the effective date of this subsection. A person may not petition for additional compensation if he or she was released from imprisonment on or after March 13, 1980, has a valid conviction on his or her criminal record for a first degree sexual assault that occurred prior to release and is required to comply with lifetime reporting requirements under section 301.45 of the statutes for the conviction, and accepted compensation from this state for wrongful imprisonment prior to the effective date of this subsection. The claims board may, at its discretion, consider the petition and may award compensation to the extent payable under section 775.05 of the statutes notwithstanding any release signed by the claimant as a condition precedent to receiving an initial compensation award.

AB548-ASA1,17,20 (2) The treatment of section 71.05 (6) (b) 54. of the statutes first applies to taxable years beginning on January 1 of the year in which this subsection takes effect, except that if this subsection takes effect after July 31, section 71.05 (6) (b) 54. of the statutes first applies to taxable years beginning on January 1 of the year following the year in which this subsection takes effect.

AB548-ASA1,17,22 (3) The treatment of section 775.05 (4g) (a) of the statutes first applies to petitions filed on or after the effective date of this subsection.

AB548-ASA1,17,23 (End)