AB68: Bill Text

AB68,1256,3 (s) The number of minors in the state who use methamphetamines, the extent to which those minors use methamphetamines, and the forms of methamphetamines used.

AB68,1256,7 (t) The number of minors who enter the child protective services system due to opioid use by a parent or guardian, length of time those minors are in out-of-home care, and the type of reporter who notified child protective services of the needs of the minor.

AB68,1256,15 (u) The number of persons who are incarcerated and who are receiving naltrexone for extended-release in injectable suspension, the number of persons who are on extended supervision or probation or on parole and who are receiving extended-release naltrexone, the total number of doses of extended-release naltrexone administered to persons who are incarcerated, on extended supervision or probation, or on parole in this state, and the length of time that persons who are incarcerated, on extended supervision or probation, or on parole are receiving extended-release naltrexone.

AB68,1256,17 (v) The number of arrests and convictions related to methadone and the number related to a drug that is a combination of buprenorphine and naloxone.

AB68,1256,18 (w) The number of arrests and convictions related to methamphetamines.

AB68,1256,22 (2) The opioid and methamphetamine data system under sub. (1) shall identify, to the extent possible, for sub. (1) (a), (b), (c), (d), (e), (f), (g), (h), (i), (L), (m), (p), (q), (r), (s), and (u) the number of individuals who have each of the following forms of health care coverage:

AB68,1256,23 (a) Public health care coverage under the Medical Assistance program.

AB68,1257,3 (b) Public health care coverage under Medicare, a veteran or military health plan, or another public form of coverage other than Medical Assistance, including any self-insured governmental health plan.

AB68,1257,4 (c) Private insurance or a private heath plan.

AB68,1257,5 (d) Self-coverage or uninsured.

AB68,1257,9 (3) The department of administration shall collaborate with and collect data from the departments of health services, corrections, justice, safety and professional services, and children and families and any other applicable agencies for the opioid and methamphetamine data system under sub. (1).

AB68,1257,15 (4) (a) The department of administration shall administer the contract with the vendor to operate the opioid and methamphetamine data system and shall have access to the data contained in the opioid and methamphetamine data system. The department of administration shall work with the vendor to disseminate information and advanced analytics from the opioid and methamphetamine data system in as close to real time as possible.

AB68,1257,19 (b) The opioid and methamphetamine data system shall allow the state agencies that submit data to the opioid and methamphetamine data system access to the data in the opioid and methamphetamine data system as appropriate for the agency to fulfill its functions and as allowed by state and federal confidentiality laws.

AB68,1257,25 153.89 Reports; opioid and methamphetamine data system. By January 1, 2023, and annually thereafter, the department of administration shall submit a report to the governor and, under s. 13.172 (3) to appropriate standing committees of the legislature., as determined by the speaker or president, summarizing the information from the opioid and methamphetamine data system under s. 153.87 (1) and analyzing trends in that information across years of data collection.

AB68,2289 Section 2289. 155.01 (7) of the statutes is amended to read:

AB68,1258,13 155.01 (7) “Health care provider" means a nurse licensed or permitted under ch. 441, a chiropractor licensed under ch. 446, a dentist or dental therapist licensed under ch. 447, a physician, physician assistant, perfusionist, podiatrist, physical therapist, physical therapist assistant, occupational therapist, or occupational therapy assistant licensed under ch. 448, a person practicing Christian Science treatment, an optometrist licensed under ch. 449, a psychologist licensed under ch. 455, a physical therapist or physical therapist assistant who holds a compact privilege under subch. IX of ch. 448, a partnership thereof, a corporation or limited liability company thereof that provides health care services, a cooperative health care association organized under s. 185.981 that directly provides services through salaried employees in its own facility, or a home health agency, as defined in s. 50.49 (1) (a).

AB68,2290 Section 2290 . 157.05 of the statutes is amended to read:

AB68,1258,21 157.05 Autopsy. Consent for a licensed physician to conduct an autopsy on the body of a deceased person shall be deemed sufficient when given by whichever one of the following assumes custody of the body for purposes of burial: Father, mother, husband, wife parent, spouse, child, guardian, next of kin, domestic partner under ch. 770, or in the absence of any of the foregoing, a friend, or a person charged by law with the responsibility for burial. If 2 or more such persons assume custody of the body, the consent of one of them shall be deemed sufficient.

AB68,2291 Section 2291 . 157.06 (11) (hm) of the statutes is created to read:

AB68,1259,2 157.06 (11) (hm) Unless otherwise required by federal law, a hospital, physician, procurement organization, or other person may not determine the ultimate recipient of an anatomical gift based solely upon a positive test for the use of marijuana by a potential recipient.

AB68,2292 Section 2292 . 157.06 (11) (i) of the statutes is amended to read:

AB68,1259,5 157.06 (11) (i) Except as provided under par. pars. (a) 2. and (hm), nothing in this section affects the allocation of organs for transplantation or therapy.

AB68,2293 Section 2293. 157.065 (2) (a) 4. c. of the statutes is amended to read:

AB68,1259,8 157.065 (2) (a) 4. c. A Type 1 juvenile correctional facility, as defined in s. 938.02 (19) (10p);

AB68,2294 Section 2294 . 160.07 (4) (f) of the statutes is created to read:

AB68,1259,13 160.07 (4) (f) In recommending an enforcement standard for a perfluoroalkyl or polyfluoroalkyl substance, the department of health services may recommend individual standards for each substance, a standard for these substances as a class, or standards for groups of these substances.

AB68,2295 Section 2295. 160.07 (7) of the statutes is created to read:

AB68,1259,21 160.07 (7) If the department of health services recommends an enforcement standard for a perfluoroalkyl or polyfluoroalkyl substance or a group or class of such substances under this section, the department shall apply the standard as an interim enforcement standard for that substance, including through sampling, monitoring, and testing, and any other actions required by rules promulgated by the department, unless emergency or permanent rules that establish an enforcement standard for that substance are in effect.

AB68,2296 Section 2296 . 160.15 (4) of the statutes is created to read:

AB68,1260,3 160.15 (4) Notwithstanding sub. (1), if an interim enforcement standard for a perfluoroalkyl or polyfluoroalkyl substance is applied under s. 160.07 (7), the department shall apply an interim preventive action limit for that substance of 20 percent of the concentration established as the interim enforcement standard, unless emergency or permanent rules that establish a preventive action limit for that substance are in effect.

AB68,2297 Section 2297 . 165.08 (1) of the statutes is amended to read:

AB68,1260,17 165.08 (1) Any civil action prosecuted by the department by direction of any officer, department, board, or commission, or any shall be compromised or discontinued when so directed by such officer, department, board, or commission. Any civil action prosecuted by the department on the initiative of the attorney general, or at the request of any individual may be compromised or discontinued with the approval of an intervenor under s. 803.09 (2m) or, if there is no intervenor, by submission of a proposed plan to the joint committee on finance for the approval of the committee. The compromise or discontinuance may occur only if the joint committee on finance approves the proposed plan. No proposed plan may be submitted to the joint committee on finance if the plan concedes the unconstitutionality or other invalidity of a statute, facially or as applied, or concedes that a statute violates or is preempted by federal law, without the approval of the joint committee on legislative organization the governor.

AB68,2298 Section 2298 . 165.10 of the statutes is amended to read:

AB68,1261,6 165.10 Deposit Limits on expenditure of discretionary settlement funds. The Notwithstanding s. 20.455 (3), before the attorney general shall deposit all may expend settlement funds into the general fund under s. 20.455 (3) (g) that are not committed under the terms of the settlement, the attorney general shall submit to the joint committee on finance a proposed plan for the expenditure of the funds. If the cochairpersons of the committee do not notify the attorney general within 14 working days after the submittal that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the attorney general may expend the funds to implement the proposed plan. If, within 14 working days after the submittal, the cochairpersons of the committee notify the attorney general that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the attorney general may expend the funds only to implement the plan as approved by the committee.

AB68,2299 Section 2299 . 165.25 (1) of the statutes is amended to read:

AB68,1261,16 165.25 (1) Represent state in appeals and on remand. Except as provided in ss. 5.05 (2m) (a), 19.49 (2) (a), and 978.05 (5), appear for the state and prosecute or defend all actions and proceedings, civil or criminal, in the court of appeals and the supreme court, in which the state is interested or a party, and attend to and prosecute or defend all civil cases sent or remanded to any circuit court in which the state is a party. The joint committee on legislative organization may intervene as permitted under s. 803.09 (2m) at any time. Nothing in this subsection deprives or relieves the attorney general or the department of justice of any authority or duty under this chapter.

AB68,2300 Section 2300 . 165.25 (1m) of the statutes is amended to read:

AB68,1262,2 165.25 (1m) Represent state in other matters. If requested by the governor or either house of the legislature, appear for and represent the state, any state department, agency, official, employee or agent, whether required to appear as a party or witness in any civil or criminal matter, and prosecute or defend in any court or before any officer, any cause or matter, civil or criminal, in which the state or the people of this state may be interested. The joint committee on legislative organization may intervene as permitted under s. 803.09 (2m) at any time. The public service commission may request under s. 196.497 (7) that the attorney general intervene in federal proceedings. All expenses of the proceedings shall be paid from the appropriation under s. 20.455 (1) (d).

AB68,2301 Section 2301. 165.25 (4) (ar) of the statutes is amended to read:

AB68,1262,10 165.25 (4) (ar) The department of justice shall furnish all legal services required by the department of agriculture, trade and consumer protection relating to the enforcement of ss. 91.68, 93.73, 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.195, 100.20, 100.205, 100.207, 100.209, 100.2091, 100.2092, 100.21, 100.28, 100.37, 100.42, 100.50, 100.51, 100.55, and 846.45 and chs. 126, 136, 344, 704, 707, and 779, together with any other services as are necessarily connected to the legal services.

AB68,2302 Section 2302 . 165.25 (6) (a) 1. of the statutes is amended to read:

AB68,1263,8 165.25 (6) (a) 1. At the request of the head of any department of state government, the attorney general may appear for and defend any state department, or any state officer, employee, or agent of the department in any civil action or other matter brought before a court or an administrative agency which is brought against the state department, or officer, employee, or agent for or on account of any act growing out of or committed in the lawful course of an officer's, employee's, or agent's duties. Witness fees or other expenses determined by the attorney general to be reasonable and necessary to the defense in the action or proceeding shall be paid as provided for in s. 885.07. The attorney general may compromise and settle the action as the attorney general determines to be in the best interest of the state except that, if the action is for injunctive relief or there is a proposed consent decree, the attorney general may not compromise or settle the action without the approval of an intervenor under s. 803.09 (2m) or, if there is no intervenor, without first submitting a proposed plan to the joint committee on finance. If, within 14 working days after the plan is submitted, the cochairpersons of the committee notify the attorney general that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the attorney general may compromise or settle the action only with the approval of the committee. The attorney general may not submit a proposed plan to the joint committee on finance under this subdivision in which the plan concedes the unconstitutionality or other invalidity of a statute, facially or as applied, or concedes that a statute violates or is preempted by federal law, without the approval of the joint committee on legislative organization.

AB68,2303 Section 2303 . 165.25 (11m) of the statutes is created to read:

AB68,1263,12 165.25 (11m) False claims. Diligently investigate possible violations of s. 20.9315, and, if the department determines that a person has committed an act that is punishable under s. 20.9315, may bring a civil action against that person.

AB68,2304 Section 2304. 165.27 of the statutes is created to read:

AB68,1263,15 165.27 Sentencing review council. The sentencing review council shall do all of the following:

AB68,1263,17 (1) Study criminal penalties and make recommendations for reforming the criminal code.

AB68,1263,19 (2) Study whether sentences for similar offenses and circumstances are consistent and make recommendations to ensure that sentences are equitable.

AB68,1263,21 (3) Study and make recommendations regarding the state's bifurcated sentencing structure.

AB68,1263,23 (4) Review and make recommendations regarding sentences for violations committed by individuals age 18 to 25.

AB68,2305 Section 2305 . 165.63 (3) of the statutes is amended to read:

AB68,1264,4 165.63 (3) Requests from courts. In making a determination required under s. 813.124 (7) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1., a judge or court commissioner shall request information under sub. (2) from the department or from a law enforcement agency or law enforcement officer as provided in sub. (4) (d).

AB68,2306 Section 2306 . 165.63 (4) (d) of the statutes is amended to read:

AB68,1264,8 165.63 (4) (d) Aid the court in making a determination required under s. 813.124 (7) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1. or aid an entity in making a determination required under s. 968.20 (1m) (d) 2.

AB68,2307 Section 2307. 165.77 (7) of the statutes is repealed.

AB68,2308 Section 2308 . 165.775 of the statutes is created to read:

AB68,1264,11 165.775 Sexual assault kits. (1) In this section:

AB68,1264,12 (a) “Department” means the department of justice.

AB68,1264,13 (b) “Health care professional" has the meaning given in s. 154.01 (3).

AB68,1264,14 (c) “Sex offense” has the meaning given in s. 949.20 (7).

AB68,1264,16 (d) “Sexual assault forensic examination” means an examination performed by a health care professional to gather evidence regarding a sex offense.

AB68,1264,18 (e) “Sexual assault kit” means the evidence collected from a sexual assault forensic examination.

AB68,1264,20 (f) “Wisconsin law enforcement agency" has the meaning given in s. 165.77 (1) (c).

AB68,1264,23 (2) Whenever a health care professional conducts a sexual assault forensic examination and collects a sexual assault kit, the health care professional shall do one of the following:

AB68,1265,3 (a) If the victim chooses to report the sexual assault to a Wisconsin law enforcement agency, or if reporting is required under s. 48.981 (2), notify a Wisconsin law enforcement agency within 24 hours after collecting the sexual assault kit.

AB68,1265,8 (b) If the victim chooses not to report the sexual assault to a Wisconsin law enforcement agency, and reporting is not required under s. 48.981 (2), send the sexual assault kit to the state crime laboratories for storage in accordance with the procedures specified in the rules promulgated under sub. (6) within 72 hours after collecting the sexual assault kit.

AB68,1265,10 (3) If a Wisconsin law enforcement agency receives notification under sub. (2) (a), it shall do all of the following:

AB68,1265,12 (a) Take possession of the sexual assault kit from the health care professional within 72 hours after receiving the notification.

AB68,1265,16 (b) Except as provided in par. (c), send the sexual assault kit to the state crime laboratories for processing in accordance with the procedures specified in the rules promulgated under sub. (6) within 14 days after taking possession of the sexual assault kit.

AB68,1265,23 (c) If the Wisconsin law enforcement agency, after taking possession of the sexual assault kit under par. (a) but before sending the sexual assault kit under par. (b), receives notification from the victim that the victim does not want to proceed with the analysis of his or her sexual assault kit, send the sexual assault kit to the state crime laboratories for storage in accordance with the procedures specified in the rules promulgated under sub. (6) within 14 days after taking possession of the sexual assault kit.

AB68,1265,25 (4) If the state crime laboratories takes possession of a sexual assault kit, it shall do all of the following:

AB68,1266,5 (a) If the victim chooses not to report the sexual assault to a Wisconsin law enforcement agency and thus has not consented to the analysis of his or her sexual assault kit, securely store the sexual assault kit for a period of 10 years, during which time the sexual assault victim may choose to report the assault to a Wisconsin law enforcement agency.

AB68,1266,9 (b) If the victim chooses to report the sexual assault to a Wisconsin law enforcement agency and thus has consented to the analysis of his or her sexual assault kit, process the kit in accordance with the procedures specified in the rules promulgated under sub. (6).

AB68,1266,15 (5) If a law enforcement agency takes possession of a sexual assault kit after it has been processed by the state crime laboratories, notwithstanding s. 968.205, it shall securely store the sexual assault kit for a period of 50 years, or until the date of the expiration of the statute of limitations, or until the end of the term of imprisonment or probation of a person who was convicted in the sexual assault case, whichever is longer.

AB68,1266,16 (6) The department shall promulgate rules to administer this section.

AB68,2309 Section 2309 . 165.83 (1) (c) 1. of the statutes is amended to read:

AB68,1266,19 165.83 (1) (c) 1. An act that is committed by a person who has attained the age of 17 an adult and that is a felony or a misdemeanor.

AB68,2310 Section 2310 . 165.83 (1) (c) 2. of the statutes is amended to read:

AB68,1266,23 165.83 (1) (c) 2. An act that is committed by a person minor who has attained the age of 10 but who has not attained the age of 17 and that would be a felony or misdemeanor if committed by an adult.

AB68,2311 Section 2311 . 165.842 of the statutes is created to read:

AB68,1267,2 165.842 Motor vehicle stops; collection and analysis of information; annual report. (1) Definitions. In this section:

AB68,1267,3 (a) “Department" means the department of justice.

AB68,1267,4 (b) “Law enforcement agency" has the meaning given in s. 165.85 (2) (bv).

AB68,1267,5 (c) “Law enforcement officer" has the meaning given in s. 165.85 (2) (c).

AB68,1267,10 (d) “Motor vehicle stop" means the stop or detention of a motor vehicle that is traveling in any public or private place, or the detention of an occupied motor vehicle that is already stopped in any public or private place, for the purpose of investigating any alleged or suspected violation of a state or federal law or city, village, town, or county ordinance.

AB68,1267,15 (2) Information collection required. All persons in charge of law enforcement and tribal law enforcement agencies shall obtain, or cause to be obtained, all of the following information with respect to each motor vehicle stop made on or after January 1, 2022, by a law enforcement officer employed by the law enforcement agency:

AB68,1267,17 (a) The name, address, gender, and race of the operator of the motor vehicle. The officer shall subjectively select the operator's race from the following list: