Amendment SA4-SR2

LRBa0011/1

RAC:kjf

2017 - 2018 LEGISLATURE

SENATE AMENDMENT 4, TO SENATE RESOLUTION 2

January 17, 2017 - Offered by Senator L. Taylor.

SR2-SA4,1,1 At the locations indicated, amend the resolution as follows:

SR2-SA4,1,2 1. Page 4, line 18: after that line insert:

SR2-SA4,1,3 “ Section 7m. Senate rule 38 (4) is created to read:

SR2-SA4,1,5 Senate Rule 38 (4) (a) Any bill that creates a crime, modifies an existing crime, or modifies the penalty for an existing crime shall carry a racial impact statement.

SR2-SA4,1,12 (b) The racial impact statement shall be prepared by the director of state courts, with the assistance of the departments of justice and corrections and the Department of Criminal Justice at the University of Wisconsin-Milwaukee. The director of state courts may obtain the assistance of any agency in the executive branch of state government in preparing the racial impact statement. If requested for assistance, an agency shall promptly provide all necessary information to the director of state courts.

SR2-SA4,2,7 (c) The racial impact statement shall include an estimate of the number of criminal cases per year that the bill will affect, the impact of the bill on members of racial minority groups, the effect of the bill on the operations of correctional institutions, and any other matter the director of state courts considers appropriate. In preparing the racial impact statement, the director of state courts shall issue a finding as to whether the bill has a disparate impact on members of racial minority groups.

SR2-SA4,2,18 (d) After a proposed bill has been drafted, the legislative reference bureau shall inform the requester if a racial impact statement is required when it submits the draft to the requester. If authorized by the requester, the bureau shall provide a copy of the proposed bill to the director of state courts for preparation of a racial impact statement. The requester may introduce the bill without the racial impact statement, but when such a bill is introduced the legislative reference bureau shall provide a copy of the bill to the director of state courts for preparation of a racial impact statement. The racial impact statement shall be printed as an appendix to the bill and shall be distributed in the same manner as amendments. A bill that requires a racial impact statement shall have the requirement noted on the jacket when the jacket is prepared.

SR2-SA4,2,21 (e) If the director of state courts finds that a bill will have a disparate impact on members of racial minority groups, the author of the bill shall do either of the following:

SR2-SA4,3,2 1. Offer an amendment to the bill to reduce the disparate impact of the bill on members of racial minority groups. If the author offers such an amendment, the author shall identify in writing how the amendment would reduce the disparate impact of the bill on members of racial minority groups. The written document shall be distributed in the same manner as amendments.

SR2-SA4,3,6 2. Provide in writing his or her reasons for advancing the bill without amendment despite the disparate impact of the bill on members of racial minority groups. The written document shall be printed as an appendix to the bill and shall be distributed in the same manner as amendments.

SR2-SA4,3,10 (f) The senate may not pass a bill that creates a crime, modifies an existing crime, or modifies the penalty for an existing crime without a racial impact statement prepared under par. (b) and, if applicable, without an action of the author of the bill under par. (e).”.

SR2-SA4,3,11 (End)