2019 - 2020 LEGISLATURE
SENATE AMENDMENT 2,
TO SENATE BILL 427
January 17, 2020 - Offered by Senator Testin.
911.01 (4) (c) of the statutes is amended to read:
(c) Miscellaneous proceedings.
Proceedings for extradition or 5
rendition; sentencing, granting or revoking probation, modification of a bifurcated 6
sentence under s. 302.113 (9g), or adjustment of a bifurcated sentence under s. 7
973.195 (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 9
warrants under s. 968.375, arrest warrants, criminal summonses, and search 10
warrants; hearings under s. 980.09 (2); proceedings under s. 971.14 (1r) (c); 11
proceedings with respect to pretrial release under ch. 969 except where habeas 12
corpus is utilized with respect to release on bail or as otherwise provided in ch. 969;
or proceedings under s. 165.76 (6) to compel provision of a biological specimen for 2
deoxyribonucleic acid analysis.”.
968.20 (title) of the statutes is amended to read:
(title) Return of property
frozen or seized.
968.20 (1) of the statutes is amended to read:
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 9
search warrant, except for an animal taken into custody under s. 173.13 (1) or 10
withheld from its owner under s. 173.21 (1) (a), may apply for its return to the circuit 11
court for the county in which the property was frozen or
seized or where the search 12
warrant was returned, except that a court may commence a hearing, on its own 13
initiative, to return property seized under s. 968.26. If an initial appearance under 14
s. 970.01 is scheduled, the application for the return of the property shall be filed 15
within 120 days of the initial appearance.
968.20 (1h) of the statutes is amended to read:
If a court orders property returned under sub. (1g), the court shall 18
order the person not to sell, transfer, assign, or otherwise encumber the property 19
until 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 21
the person is subsequently convicted of or found to have committed the offense, the 22
court shall order the person to surrender the returned property for proceedings 23
under 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 2
with “victim." on line 4 and substitute “. The rules of evidence do not apply in a 3
hearing under this paragraph.”.
44. Page 13, line 5
: delete “If there is a showing of probable cause in the 5
hearing," and substitute “In the hearing under par. (a), if there is a showing of 6
probable cause that the defendant used, was using, is about to use, or is intending 7
to use any funds, assets, or property in a way that constitutes or would constitute 8
95. Page 13, line 11
: after “court." insert “The court's order shall be binding upon 10
a financial institution, as defined in s. 943.80 (2), and any 3rd party that is in 11
possession of the funds, assets, or property.".
If the prosecution of a charge of financial exploitation results 18
in a conviction, the court may order that the funds, assets, or property that were 19
frozen or seized under sub. (2) (b) be released only for the purpose of paying 20
restitution ordered under s. 973.20 (2).”.