AB150-SA116,67,2018
814.635
(2) The clerk shall pay the moneys collected under
sub. subs. (1)
and
19(1m) to the county treasurer under s. 59.395 (5). The county treasurer shall pay those
20moneys to the state treasurer under s. 59.20 (11).".
AB150-SA116,68,3
1946.41
(1) Whoever Subject to sub. (1m), whoever knowingly resists or
2obstructs an officer while such officer is doing any act in an official capacity and with
3lawful authority, is guilty of a Class A misdemeanor.
AB150-SA116,68,65
946.41
(1m) (a) A person may not be prosecuted under sub. (1) if all of the
6following apply:
AB150-SA116,68,87
1. The person violates sub. (1) solely by knowingly giving false information to
8an officer.
AB150-SA116,68,119
2. The person corrects the false information by providing the officer or the
10officer's department with the correct information not later than 48 hours after giving
11the false information to the officer.
AB150-SA116,68,1512
(am) Paragraph (a) does not prohibit a prosecutor from charging a person who
13may not be prosecuted under par. (a) with a violation of a county ordinance if the
14county in which the violation of sub. (1) allegedly occurred has an ordinance that is
15in conformity with or substantially similar to sub. (1).
AB150-SA116,68,1716
(b) If a prosecutor filed a complaint that charges a person with violating sub.
17(1) and par. (a) applies, the prosecutor shall comply with s. 968.03 (4).".
AB150-SA116,68,2322
(a) Specifies in the complaint the penalties, including imprisonment,
23authorized by law for the offense.
AB150-SA116,69,2
1(b) Specifies in the complaint his or her reasons for seeking imprisonment in
2the case.".
AB150-SA116,69,8
4"
(2m) A prosecutor has the same discretion to seek imprisonment under sub.
5(2) as he or she has in making other charging decisions. The statement of reasons
6required under sub. (2) (b) is not an element of the offense and a prosecutor is not
7required to present any evidence to support his or her decision to seek imprisonment
8under sub. (2).".
AB150-SA116,69,1913
968.03
(4) (a) If a prosecutor filed a complaint that charges a person with
14violating s. 946.41 (1) and the person may not be prosecuted under s. 946.41 (1m) (a),
15the prosecutor shall move the court to dismiss the complaint or, if the defendant may
16be charged as provided under s. 946.41 (1m) (am), to amend the complaint to charge
17the defendant with violation of a county ordinance. The motion shall be in writing
18and shall state the grounds for dismissing or amending the complaint under s. 946.41
19(1m).
AB150-SA116,70,220
(b) Upon the filing of a motion to dismiss under par. (a), the court shall dismiss
21the complaint with prejudice. Upon the filing of a motion under par. (a) to amend the
22complaint to charge the defendant with violation of a county ordinance, the court
23shall grant the motion to amend if the defendant may be charged as provided under
1s. 946.41 (1m) (am) or shall deny the motion and dismiss the complaint with prejudice
2if the defendant may not be charged as provided under s. 946.41 (1m) (am).".
AB150-SA116,70,4
4"977.02
(7r) (am) For any reduction under par. (a), the board".
AB150-SA116,70,9
8"977.05
(6) (c) The state public defender may not provide legal services or
9assign counsel for an adult in a criminal case if all of the following apply:
AB150-SA116,70,1010
1. The adult is not in custody.
AB150-SA116,70,1111
2. The adult has not yet been charged with a crime.
AB150-SA116,70,1413
977.05
(6) (cm) The state public defender may not provide legal services or
14assign counsel for a child in a juvenile case if all of the following apply:
AB150-SA116,70,1515
1. The child is not in custody.
AB150-SA116,70,1716
2. The child is not yet subject to a proceeding under ch. 48 for which counsel
17is required under s. 48.23 or for which counsel may be appointed under s. 48.23.".
AB150-SA116,70,20
18491. Page 2455, line 24: after "(b)" insert: "or, if the time limit specified in s.
19809.30 (2) (b) is enlarged under s. 809.82 (2), within the time limit specified in the
20order enlarging time".
AB150-SA116,70,23
21492. Page 2456, line 7: after "(b)" insert: "or, if the time limit specified in s.
22809.30 (2) (b) is enlarged under s. 809.82 (2), within the time limit specified in the
23order enlarging time".
AB150-SA116,71,3
1493. Page 2456, line 10: delete lines 10 and 11 and substitute: "counsel in a
2proceeding under s. 973.09 (3) to modify the conditions of a probationer's probation
3unless all of the following apply:".
AB150-SA116,71,15
12"
977.075 Payment for legal representation. (1) The board shall establish
13by rule fixed amounts as flat payments for the cost of representation that a person,
14other than a parent subject to s. 48.275 (2) (b), who is responsible for payment for
15legal representation, may elect to pay. The rule shall require all of the following:
AB150-SA116,71,1716
(a)
If a person elects to pay the applicable fixed amount, the person cannot be
17held liable for any additional payment for counsel.
AB150-SA116,71,1918
(b)
The person may pay the fixed amount only at the beginning of the
19representation.
AB150-SA116,72,2
20(3) The board shall establish by rule a fee schedule that sets the amount that
21a person, other than a parent subject to s. 48.275 (2) (b), who is responsible for
22payment for legal representation shall pay for the cost of the legal representation.
23The schedule shall establish a fee for a given type of case, and the fee for a given type
1of case shall be based on the average cost, as determined by the board, for
2representation for that type of case.
AB150-SA116,72,6
3(4) The board may establish by rule a procedure for collecting a nonrefundable
4partial payment within 60 days after the commencement of representation for legal
5services from persons who are responsible for payment for legal representation. This
6subsection does not apply to a parent who is subject to s. 48.275 (2) (b).
AB150-SA116,72,8
7(5) The rules under subs. (3) and (4) do not apply to a person who has paid under
8sub. (1).".
AB150-SA116,72,14
11977.077 Deposit of payments received. Payments for services provided by
12the state public defender or other counsel under this chapter that are received
13pursuant to s. 977.07, 977.075 or 977.076 shall be deposited in the state treasury and
14credited to the appropriation under s. 20.550 (1) (L).".
AB150-SA116,72,17
17"
Section 7284b. 977.08 (3) (f) of the statutes is amended to read:
AB150-SA116,73,518
977.08
(3) (f)
Beginning on October 1, 1993, the The state public defender
may 19shall enter into
as many annual contracts
as possible, subject to par. (fg), with private
20local attorneys
or law firms for the provision of legal representation
in cases
21involving the operation of a vehicle. Under any such contract, the state public
22defender shall assign cases without regard to pars. (c) and (d)
, shall set a fixed-fee
23total amount for all cases handled and shall pay
the that amount
specified in the
24contract, which shall not exceed the amount, except that the state public defender
1may not pay an attorney more for a case than he or she would receive according to
2the rates under sub. (4m). The contract shall include a procedure authorizing the
3state public defender to make additional payments for a case or to reassign a case if
4the circumstances surrounding the case justify the additional payment or
5reassignment.
AB150-SA116,73,107
977.08
(3) (fg) The total number of cases that may be subject to the annual
8contracts under par. (f) for a given year may not exceed 33% of the total number of
9cases at the trial level that are assigned by the state public defender to private
10counsel under this section for that year.".
