2019 - 2020 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 127
September 20, 2019 - Offered by Senator Jacque.
1An Act to repeal
978.001 (1p) and 978.11; to renumber and amend
977.08 (3) 2
(b); to amend
13.093 (2) (a), 16.971 (9), 16.971 (10), 230.33 (1), 977.02 (5), 3
977.08 (3) (c), 978.03, 978.045 (1g), 978.045 (1r) (bm) (intro.), 978.045 (2), 978.05 4
(9) and 978.12 (1) (c); and to create
13.0967, 15.77, 20.548, 20.923 (4) (f) 7x., 5
227.118, 227.19 (3) (em), 230.08 (2) (qp), 977.08 (3) (b) 2., 978.001 (1b), (1d) and 6
(1n), 978.003, 978.004 and 978.005 of the statutes; relating to: creation of a
7prosecutor board and a state prosecutors office, Public Defender Board
8regulation, and making an appropriation.
Analysis by the Legislative Reference Bureau
Courts and procedure
Under current law, the Public Defender Board may promulgate rules to assure
that representation of indigent clients by the private bar is at the same level as the
representation provided by the state public defender. Under this bill, the board's
authority to promulgate rules is expanded to include setting standards for and
imposing conditions upon private bar attorney certification, decertification, or
recertification to represent clients. The bill also adds the following list of reasons as
grounds for which the office of the state public defender may exclude a private bar
attorney from a public defender list: 1) the attorney has failed to meet minimum
attorney performance standards adopted by the state public defender; 2) the
attorney has failed to comply with the supreme court rules of professional conduct
for attorneys; 3) the attorney has engaged in conduct that is contrary to the interests
of clients, the interests of justice, or the interests of the state public defender; or 4)
the state public defender learns of any information that raises a concern about the
attorney's character, performance, ability, or behavior.
The bill creates an independent prosecutor board that oversees and sets policies
for a state prosecutors office, also created in the bill. Under the bill, the executive
director of the state prosecutors office manages the office; prepares personnel
policies, fiscal estimates, and an annual report; and represents the board before the
governor, the legislature, bar associations, and courts. The executive director may
also identify methods and practices for district attorneys that promote professional
competence and ethical practices. Under the bill, the state prosecutors office
assumes duties relating to district attorneys that current law assigns to the
Department of Administration, such as preparing a budget for all of the prosecutorial
units, approving appointments of special prosecutors when needed, and making
requests for assistant district attorneys in certain prosecutorial units. The bill
requires any rule that directly affects the state prosecutors office to be reviewed by
the office and for the office to submit a report on the proposed rule that includes
information about the effect of the proposed rule on the state prosecutors office. The
bill requires DOA to provide the state prosecutors office with general access to a case
management system currently used by the Department of Justice to manage
case-related information and to share the information among prosecutors.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
13.093 (2) (a) of the statutes is amended to read:
(a) Any bill making an appropriation, any bill increasing or 3
decreasing existing appropriations or state or general local government fiscal 4
liability or revenues, and any bill that modifies an existing surcharge or creates a 5
new surcharge that is imposed under ch. 814, shall, before any vote is taken thereon 6
by either house of the legislature if the bill is not referred to a standing committee, 7
or before any public hearing is held before any standing committee or, if no public
hearing is held, before any vote is taken by the committee, incorporate a reliable 2
estimate of the anticipated change in appropriation authority or state or general 3
local government fiscal liability or revenues under the bill, including to the extent 4
possible a projection of such changes in future biennia. The estimate shall also 5
indicate whether any increased costs incurred by the state under the bill can be 6
mitigated through the use of contractual service contracts let in accordance with 7
competitive procedures. For purposes of this paragraph, a bill increasing or 8
decreasing the liability or revenues of the unemployment reserve fund is considered 9
to increase or decrease state fiscal liability or revenues. Except as otherwise 10
provided by joint rules of the legislature or this paragraph, such estimates shall be 11
made by the department or agency administering the appropriation or fund or 12
collecting the revenue. The legislative council staff shall prepare the fiscal estimate 13
with respect to the provisions of any bill referred to the joint survey committee on 14
retirement systems which create or modify any system for, or make any provision for, 15
the retirement of or payment of pensions to public officers or employees. The director 16
of state courts shall prepare the fiscal estimate with respect to the provisions of any 17
bill that modifies an existing surcharge or creates a new surcharge that is imposed 18
under ch. 814. The executive director of the state prosecutors office shall prepare the
19fiscal estimate with respect to the provisions of any bill that affects prosecutors or
20the state prosecutors office, including bills modifying or creating crimes or
When a fiscal estimate is prepared after the bill has been 22
introduced, it shall be printed and distributed as are amendments.
13.0967 of the statutes is created to read:
2413.0967 Review of bills affecting state prosecutors office.
Any bill that 25
is introduced in either house of the legislature that directly affects the state
prosecutors office shall have a notation to that effect on its jacket when the jacket is 2
prepared. When a bill that has that notation on the jacket is introduced, the 3
legislative reference bureau shall submit a copy of the bill to the state prosecutors 4
15.77 of the statutes is created to read:
615.77 Prosecutor board.
There is created a prosecutor board consisting of 7
11 members, appointed for staggered 3-year terms, as follows:
From each district under s. 752.11 (1) (b), (c), and (d), 2 district attorneys 9
appointed by a majority of district attorneys from the district.
From the district under s. 752.11 (1) (a), the district attorney and a deputy 11
district attorney appointed by the district attorney.
Two nonelected prosecutors, each from a different county, appointed by a 13
majority of nonelected prosecutors. Under this subsection, “prosecutor” does not 14
include a special prosecutor appointed under s. 978.045 or 978.05 (8) (b).
The attorney general or his or her designee.
16.971 (9) of the statutes is amended to read:
In conjunction with the public defender board, the prosecutor board, 18
the director of state courts, and
the departments of corrections and justice and
, the department may maintain, promote and coordinate 20
automated justice information systems that are compatible among counties and the 21
officers and agencies specified in this subsection, using the moneys appropriated 22
under s. 20.505 (1) (kh) and (kq). The department shall annually report to the 23
legislature under s. 13.172 (2) concerning the department's efforts to improve and 24
increase the efficiency of integration of justice information systems.
16.971 (10) of the statutes is amended to read:
The department shall maintain, and provide the department of 2
justice and the state prosecutors office
with general access to, a case management 3
system that allows the state prosecutors office and
district attorneys to manage all 4
case-related information and share the information among prosecutors.
20.548 of the statutes is created to read:
820.548 Prosecutor board.
There is appropriated to the prosecutor board for 9
the following program:
10(1) Coordination and administration of prosecutor functions.
The amounts in the schedule for program administration costs of 12
the office of state prosecutors.
(g) Gifts, grants, and proceeds.
All moneys received from gifts and grants and 14
all proceeds from services, conferences, and sales of publications and promotional 15
materials for the purposes for which made or received.
20.923 (4) (f) 7x. of the statutes is created to read:
(f) 7x. State prosecutors office: executive director.
227.118 of the statutes is created to read:
1227.118 Review of rules affecting state prosecutors office. (1) Report
2on rules affecting state prosecutors office.
If a proposed rule directly affects the 3
state prosecutors office, the agency proposing the rule shall, prior to submitting the 4
proposed rule to the legislative council staff under s. 227.15, submit the proposed 5
rule to the state prosecutors office. The state prosecutors office shall prepare a report 6
on the proposed rule before it is submitted to the legislative council staff under s. 7
227.15. The state prosecutors office may request any information from other state 8
agencies, local governments, individuals, or organizations that is reasonably 9
necessary for the office to prepare the report. The state prosecutors office shall 10
prepare the report within 30 days after the rule is submitted to the office.
11(2) Findings of the office to be contained in the report.
The report of the 12
state prosecutors office shall contain information about the effect of the proposed 13
rule on the state prosecutors office.
This section does not apply to emergency rules promulgated 15
under s. 227.24.
227.19 (3) (em) of the statutes is created to read:
(em) The report of the state prosecutors office, if the proposed rule 18
directly affects the state prosecutors office.
230.08 (2) (qp) of the statutes is created to read:
(qp) The executive director in the office of state prosecutors.
230.33 (1) of the statutes is amended to read:
A person appointed to an unclassified position by the governor, 23
elected officer, judicial body, or prosecutor board,
or by a legislative body or 24
committee shall be granted a leave of absence without pay for the duration of the 25
appointment and for 3 months thereafter, during which time the person has
restoration rights to the former position or equivalent position in the department in 2
which last employed in a classified position without loss of seniority. The person 3
shall also have reinstatement privileges for 5 years following appointment to the 4
unclassified service or for one year after termination of the unclassified appointment 5
whichever is longer. Restoration rights and reinstatement privileges shall be 6
forfeited if the reason for termination of the unclassified appointment would also be 7
reason for discharge from the former position in the classified service.
977.02 (5) of the statutes is amended to read:
Promulgate rules establishing procedures to assure that 10
representation of indigent clients by the private bar at the initial stages of cases 11
assigned under this chapter is at the same level as the representation provided by 12
the state public defender, including setting standards for and imposing conditions
13upon private bar attorney certification, decertification, or recertification to represent
14clients under this chapter
977.08 (3) (b) of the statutes is renumbered 977.08 (3) (b) 1. and 16
amended to read:
(b) 1. A final set of lists for each county shall be prepared, certified, 18
and annually updated by the state public defender. Persons may
be excluded 19
from any a
list unless only if
the state public defender states in writing the reasons 20
for such action in the context of accordance with subd. 2. and
existing rules adopted 21
by the state public defender board. Any attorney thus excluded
shall then have the
22opportunity to may
appeal the state public defender's decision to the board, which 23
shall issue a final decision in writing.
977.08 (3) (b) 2. of the statutes is created to read: