2019 - 2020 LEGISLATURE
January 17, 2020 - Offered by Senator Testin.
SB427-SA2,1,11 At the locations indicated, amend the bill as follows:
SB427-SA2,1,2 21. Page 7, line 6: after that line insert:
SB427-SA2,1,3 3 Section 20j. 911.01 (4) (c) of the statutes is amended to read:
SB427-SA2,2,24 911.01 (4) (c) Miscellaneous proceedings. Proceedings for extradition or
5rendition; sentencing, granting or revoking probation, modification of a bifurcated
6sentence under s. 302.113 (9g), or adjustment of a bifurcated sentence under s.
7973.195 (1r) or 973.198; hearings for the freezing of assets of a person charged with
8financial exploitation of an elder person under s. 971.109;
issuance of subpoenas or
9warrants under s. 968.375, arrest warrants, criminal summonses, and search
10warrants; hearings under s. 980.09 (2); proceedings under s. 971.14 (1r) (c);
11proceedings with respect to pretrial release under ch. 969 except where habeas
12corpus is utilized with respect to release on bail or as otherwise provided in ch. 969;

1or proceedings under s. 165.76 (6) to compel provision of a biological specimen for
2deoxyribonucleic acid analysis.”.
SB427-SA2,2,3 32. Page 11, line 16: after that line insert:
SB427-SA2,2,4 4 Section 31j. 968.20 (title) of the statutes is amended to read:
SB427-SA2,2,5 5968.20 (title) Return of property frozen or seized.
SB427-SA2,31m 6Section 31m. 968.20 (1) of the statutes is amended to read:
SB427-SA2,2,157 968.20 (1) Any person claiming the right to possession of property frozen or
8seized under s. 971.109 or
seized pursuant to a search warrant or seized without a
9search warrant, except for an animal taken into custody under s. 173.13 (1) or
10withheld from its owner under s. 173.21 (1) (a), may apply for its return to the circuit
11court for the county in which the property was frozen or seized or where the search
12warrant was returned, except that a court may commence a hearing, on its own
13initiative, to return property seized under s. 968.26. If an initial appearance under
14s. 970.01 is scheduled, the application for the return of the property shall be filed
15within 120 days of the initial appearance.
SB427-SA2,31w 16Section 31w. 968.20 (1h) of the statutes is amended to read:
SB427-SA2,2,2417 968.20 (1h) If a court orders property returned under sub. (1g), the court shall
18order the person not to sell, transfer, assign, or otherwise encumber the property
19until the court orders the property either returned under s. 961.55 (3) or 973.075 (5)
, forfeited under s. 961.555 or 973.076, or subject to restitution under s. 973.20. If
21the person is subsequently convicted of or found to have committed the offense, the
22court shall order the person to surrender the returned property for proceedings
23under s. 961.555 or 973.076, whichever is appropriate, or for restitution under s.
13. Page 13, line 3: delete the material beginning with “if necessary" and ending
2with “victim." on line 4 and substitute “. The rules of evidence do not apply in a
3hearing under this paragraph.”.
SB427-SA2,3,8 44. Page 13, line 5: delete “If there is a showing of probable cause in the
5hearing," and substitute “In the hearing under par. (a), if there is a showing of
6probable cause that the defendant used, was using, is about to use, or is intending
7to use any funds, assets, or property in a way that constitutes or would constitute
8financial exploitation,".
SB427-SA2,3,11 95. Page 13, line 11: after “court." insert “The court's order shall be binding upon
10a financial institution, as defined in s. 943.80 (2), and any 3rd party that is in
11possession of the funds, assets, or property.".
SB427-SA2,3,12 126. Page 13, line 12: delete “(a)".
SB427-SA2,3,14 137. Page 13, line 16: after “filed." insert “The procedure under s. 968.20 applies
14to a petition under this subsection.".
SB427-SA2,3,15 158. Page 13, line 17: delete lines 17 to 23.
SB427-SA2,3,16 169. Page 14, line 3: after that line insert:
SB427-SA2,3,20 17(5) Conviction. If the prosecution of a charge of financial exploitation results
18in a conviction, the court may order that the funds, assets, or property that were
19frozen or seized under sub. (2) (b) be released only for the purpose of paying
20restitution ordered under s. 973.20 (2).”.