Amendment AA7-AB342

LRBa1055/1

JEO:jlg:ch

1997 - 1998 LEGISLATURE

ASSEMBLY AMENDMENT 7, TO 1997 ASSEMBLY BILL 342

November 6, 1997 - Offered by Representative Grothman.

AB342-AA7,1,1 At the locations indicated, amend the bill as follows:

AB342-AA7,1,2 1. Page 27, line 4: after that line insert:

AB342-AA7,1,3 " Section 64m. 950.041 of the statutes is created to read:

AB342-AA7,1,7 950.041 No restriction on prosecutorial discretion. It is not a violation of any of the rights of a victim specified in s. 950.04 (1v) for a prosecutor or prosecuting agency to do any of the following in a case even though a victim does not agree with the action taken:

AB342-AA7,1,9 (1) Decide not to file a petition against a juvenile, decide not to charge a person with a crime or otherwise close a case.

AB342-AA7,1,11 (2) Decide to allege that a particular statute was violated or to decide that a particular statute was not violated.

AB342-AA7,1,13 (3) Dismiss or seek dismissal of a petition filed against a juvenile or of a criminal charge filed against a person.

AB342-AA7,2,2 (4) Enter into a deferred prosecution agreement, consent decree, plea agreement or other negotiated disposition of a case.

AB342-AA7,2,6 (5) Determine how to conduct a trial, hearing or other proceeding, including deciding whether to use the testimony of a particular witness, whether to make certain arguments or raise particular issues and whether to ask particular questions of a witness.".

AB342-AA7,2,7 2. Page 33, line 5: after that line insert:

AB342-AA7,2,10 "(2m) The board may not review any complaint or any portion of a complaint made to it under sub. (2) that is based on an allegation that a prosecutor or prosecuting agency did anything specified in s. 950.041.".

AB342-AA7,2,11 (End)