AB100-ASA1,918,2119
973.045
(1) (intro.)
On or after October 1, 1983, Except as provided in sub. (1m),
20if a court imposes a sentence or places a person on probation, the court shall impose
21a crime victim and witness assistance surcharge calculated as follows:
AB100-ASA1,918,2323
973.045
(1) (a) For each misdemeanor offense or count,
$50 $60.
AB100-ASA1,918,2525
973.045
(1) (b) For each felony offense or count,
$70 $85.
AB100-ASA1,919,82
973.045
(1m) If a complaint is issued charging a person with a crime for an
3offense that could subject the person to a forfeiture or to prosecution for a crime, the
4prosecutor decides to defer or suspend the criminal prosecution, and as a result the
5person agrees to pay a forfeiture, the court shall impose a crime victim and witness
6assistance surcharge in addition to imposing a forfeiture. The amount of the
7surcharge shall be the amount specified in sub. (1) (a) or (b), depending on the crime
8that the person was charged with in the complaint.
AB100-ASA1,919,1110
973.045
(3) (a) 1. Part A equals
$30
$40 for each misdemeanor offense or count
11and
$50 $65 for each felony offense or count.
AB100-ASA1,920,1113
973.05
(2m) Payments under this section shall be applied first to payment of
14the penalty surcharge until paid in full, shall then be applied to the payment of the
15jail surcharge until paid in full, shall then be applied to the payment of part A of the
16crime victim and witness assistance surcharge until paid in full, shall then be
17applied to part B of the crime victim and witness assistance surcharge until paid in
18full, shall then be applied to the crime laboratories and drug law enforcement
19surcharge until paid in full, shall then be applied to the deoxyribonucleic acid
20analysis surcharge until paid in full, shall then be applied to the drug abuse program
21improvement surcharge until paid in full,
shall then be applied to the drug offender 22diversion surcharge until paid in full, shall then be applied to payment of the driver
23improvement surcharge until paid in full, shall then be applied to the truck driver
24education surcharge if applicable until paid in full, shall then be applied to payment
25of the domestic abuse surcharge until paid in full, shall then be applied to payment
1of the consumer protection surcharge until paid in full, shall then be applied to
2payment of the natural resources surcharge if applicable until paid in full, shall then
3be applied to payment of the natural resources restitution surcharge until paid in
4full, shall then be applied to the payment of the environmental surcharge if
5applicable until paid in full, shall then be applied to the payment of the wild animal
6protection surcharge if applicable until paid in full, shall then be applied to payment
7of the weapons surcharge until paid in full, shall then be applied to payment of the
8uninsured employer surcharge until paid in full, shall then be applied to payment
9of the enforcement surcharge under s. 253.06 (4) (c), if applicable, until paid in full,
10and shall then be applied to payment of the fine and the costs and fees imposed under
11ch. 814.
AB100-ASA1,920,2113
973.09
(1) (a) Except as provided in par. (c) or if probation is prohibited for a
14particular offense by statute, if a person is convicted of a crime, the court, by order,
15may withhold sentence or impose sentence under s. 973.15 and stay its execution,
16and in either case place the person on probation to the department for a stated period,
17stating in the order the reasons therefor. The court may impose any conditions which
18appear to be reasonable and appropriate. The period of probation may be made
19consecutive to a sentence on a different charge, whether imposed at the same time
20or previously. If the court imposes
an increased
a term of probation
, as authorized 21under sub. (2) (a)
1. or 2. or (b) 2., it shall place its reasons for doing so on the record.
AB100-ASA1, s. 2473e
22Section 2473e. 973.09 (2) (a) 1. of the statutes is renumbered 973.09 (2) (a) 1.
23(intro.) and amended to read:
AB100-ASA1,920,2524
973.09
(2) (a) 1. Except as provided in subd. 2., for
any of the following
25misdemeanors, not less than 6 months nor more than 2 years
.:
AB100-ASA1,921,32
973.09
(2) (a) 1. a. A misdemeanor that the defendant committed while
3possessing a firearm.
AB100-ASA1,921,65
973.09
(2) (a) 1. b. A misdemeanor that was an act of domestic abuse, as defined
6in s. 968.075 (1) (a).
AB100-ASA1,921,88
973.09
(2) (a) 1. c. A misdemeanor under s. 940.225 (3m) or ch. 948.
AB100-ASA1,921,1210
973.09
(2) (a) 1. d. A misdemeanor under s. 23.33 (4c) or (4p) (e), 30.681, 30.684
11(5), 350.101, 350.104 (5), or 350.17 or a misdemeanor under s. 346.63 to which s.
12973.09 (1) (d) applies.
AB100-ASA1,921,1514
973.09
(2) (a) 1m. Except as provided in subd. 2., for Class A misdemeanors not
15covered by subd. 1., not less than 6 months nor more than one year.
AB100-ASA1,921,1817
973.09
(2) (a) 1r. Except as provided in subd. 2., for misdemeanors not covered
18by subd. 1. or 1m., not more than one year.
AB100-ASA1,921,2420
973.155
(1) (b) The categories in par. (a)
and sub. (1m) include custody of the
21convicted offender which is in whole or in part the result of a probation, extended
22supervision or parole hold under s. 302.113 (8m), 302.114 (8m), 304.06 (3), or 973.10
23(2) placed upon the person for the same course of conduct as that resulting in the new
24conviction.
AB100-ASA1,922,5
1973.155
(1m) A convicted offender shall be given credit toward the service of
2his or her sentence for all days spent in custody as part of a substance abuse
3treatment program that meets the requirements of s. 16.964 (12) (c), as determined
4by the office of justice assistance under s. 16.964 (12) (i) for any offense arising out
5of the course of conduct that led to the person's placement in that program.
AB100-ASA1,922,97
973.155
(3) The credit provided in sub. (1)
or (1m) shall be computed as if the
8convicted offender had served such time in the institution to which he or she has been
9sentenced.
AB100-ASA1,922,1611
978.03
(3) Any assistant district attorney under sub. (1), (1m)
, or (2) must be
12an attorney admitted to practice law in this state and, except as provided in
ss. s. 13978.043
and 978.044, may perform any duty required by law to be performed by the
14district attorney. The district attorney of the prosecutorial unit under sub. (1), (1m),
15or (2) may appoint such temporary counsel as may be authorized by the department
16of administration.
AB100-ASA1,922,2119
978.05
(4m) Welfare fraud investigations. Cooperate with the
department 20departments of workforce development
and health and family services regarding the
21fraud investigation
program programs under
s. ss. 49.197 (1m)
and 49.845 (1).
AB100-ASA1,923,723
978.05
(8) (b) Hire, employ, and supervise his or her staff and, subject to
ss. s. 24978.043
and 978.044, make appropriate assignments of the staff throughout the
25prosecutorial unit. The district attorney may request the assistance of district
1attorneys, deputy district attorneys, or assistant district attorneys from other
2prosecutorial units or assistant attorneys general who then may appear and assist
3in the investigation and prosecution of any matter for which a district attorney is
4responsible under this chapter in like manner as assistants in the prosecutorial unit
5and with the same authority as the district attorney in the unit in which the action
6is brought. Nothing in this paragraph limits the authority of counties to regulate the
7hiring, employment, and supervision of county employees.
AB100-ASA1,923,159
978.13
(1) (d) In counties having a population of 500,000 or more, the salary
10and fringe benefit costs of 2 clerk positions providing clerical services to the
11prosecutors in the district attorney's office handling cases involving the unlawful
12possession or use of firearms. The secretary of administration shall pay the amount
13authorized under this subsection to the county treasurer from the appropriation
14under s. 20.475 (1)
(f) or (i) pursuant to a voucher submitted by the district attorney
15to the department of administration.
AB100-ASA1,923,1817
978.13
(1m) The amount paid under sub. (1) (b), (c), and (d) combined may not
18exceed the amount appropriated under s. 20.475 (1)
(f) and (i)
combined.
AB100-ASA1,926,169
49.45
(6tw) Payments to city health departments. From the appropriation
10account under
section s. 20.435 (7) (b)
of the statutes, as affected by this act, in state
11fiscal year 2004-05, the department
of health and family services may make
12payments to local health departments, as defined under s. 250.02 (4) (a) 3
. of the
13statutes. Payment under this subsection to such a local health department may not
14exceed on an annualized basis payment made by the department
of health and family
15services to the local health department under
section s. 49.45 (6t)
of the statutes,
162003 stats., for services provided by the local health department in 2002.
AB100-ASA1,926,19
19(4)
Sale of certain state property.
AB100-ASA1,926,2220
(a) 1. No later than July 1, 2006, the secretary of administration shall review
21all holdings of state-owned real property for potential sale, except as provided in
22subdivision 2.
AB100-ASA1,926,25
232. Subdivision 1. does not apply to any property, facility, or institution the
24closure or sale of which is not authorized under section 16.848 of the statutes, as
25created by this act.
AB100-ASA1,927,9
1(b)
No later than October 1, 2006, the secretary of administration shall submit
2a report to the secretary of the building commission containing an inventory of his
3or her recommendations to offer specified state properties for sale under section
416.848 of the statutes, as created by this act, and the reasons therefor. A property
5may be included in the inventory with or without approval of the state agency having
6jurisdiction of the property. If, on or before June 30, 2007, the building commission
7votes to approve the sale of any property included in the inventory, the department
8of administration may offer the property for sale under section 16.848 of the statutes,
9as created by this act.
AB100-ASA1,927,1010
(c) This subsection does not apply after June 30, 2007.
AB100-ASA1,927,14
11(6)
Study of physician information database. By March 1, 2006, the
12department of health and family services shall study and make recommendations to
13the joint committee on finance concerning the feasibility of creating a centralized
14physician information database, including through a joint public and private effort.
AB100-ASA1,927,18
15(7q) Report on health care information. By November 30, 2005, the
16department of health and family services shall report to the joint legislative audit
17committee and the joint committee on finance concerning the status of implementing
18section 153.05 (14) of the statutes, as created by this act.
AB100-ASA1,927,19
19(9k)
Youth diversion program transfer.
AB100-ASA1,927,2420
(a)
Assets and liabilities. On the effective date of this paragraph, the assets and
21liabilities of the department of administration that are primarily related to the youth
22diversion from gang activities program under section 16.964 (8), 2003 stats., as
23determined by the secretary of administration, shall become the assets and liabilities
24of the department of corrections.
AB100-ASA1,928,5
1(b)
Positions and employees. On the effective date of this paragraph, all
2positions and all incumbent employees holding those positions in the department of
3administration performing duties that are primarily related to the youth division
4from gang activities program under section 16.964 (8), 2003 stats., as determined by
5the secretary of administration, are transferred to the department of corrections.
AB100-ASA1,928,116
(c)
Employee status. Employees transferred under paragraph (h) have all the
7rights and the same status under subchapter V of chapter 111 and chapter 230 of the
8statutes in the department of corrections that they enjoyed in the department of
9administration immediately before the transfer. Notwithstanding section 230.28 (4)
10of the statutes, no employee so transferred who has attained permanent status in
11class is required to serve a probationary period.
AB100-ASA1,928,1612
(d)
Tangible personal property. On the effective date of this paragraph, all
13tangible personal property, including records, of the department of administration
14that is primarily related to the youth diversion from gang activities program under
15section 16.964 (8), 2003 stats., as determined by the secretary of administration, is
16transferred to the department of corrections.
AB100-ASA1,928,2317
(e)
Pending matters. Any matter pending with the department of
18administration on the effective date of this paragraph that is primarily related to the
19youth diversion from gang activities program under section 16.964 (8), 2003 stats.,
20as determined by the secretary of administration, is transferred to the department
21of corrections. All materials submitted to or actions taken by the department of
22administration with respect to the pending matter are considered as having been
23submitted to or taken by the department of corrections.
AB100-ASA1,929,524
(f)
Contracts. All contracts entered into by the department of administration
25in effect on the effective date of this paragraph that are primarily related to the youth
1diversion from gang activities program under section 16.964 (8), 2003 stats., as
2determined by the secretary of administration, remain in effect and are transferred
3to the department of corrections. The department of corrections shall carry out any
4obligations under those contracts unless modified or rescinded by the department of
5corrections to the extent allowed under the contract.
AB100-ASA1,929,146
(g)
Rules and orders. All rules promulgated by the department of
7administration in effect on the effective date of this paragraph that are primarily
8related to the youth diversion from gang activities program under section 16.964 (8),
92003 stats., remain in effect until their specified expiration dates or until amended
10or repealed by the department of corrections. All orders issued by the department
11of administration in effect on the effective date of this paragraph that are primarily
12related to the youth diversion from gang activities program under section 16.964 (8),
132003 stats., remain in effect until their specified expiration dates or until modified
14or rescinded by the department of corrections.
AB100-ASA1,930,2
15(9r) Rules concerning video gaming devices for pari-mutuel racing. By the
16first day of the 3rd month beginning after the effective date of this subsection, the
17department of administration shall, using the procedure under section 227.24 of the
18statutes, promulgate the rules required under section 562.02 (1) (L) of the statutes,
19as created by this act, for the period before the effective date of the permanent rules
20promulgated under section 562.02 (1) (L) of the statutes, as created by this act, but
21not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes.
22Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department
23is not required to provide evidence that promulgating a rule under this subsection
24as an emergency rule is necessary for the preservation of the public peace, health,
1safety, or welfare and is not required to provide a finding of emergency for a rule
2promulgated under this subsection.
AB100-ASA1,930,7
3(10k) Payment of membership dues for midwestern higher education compact. 4From the appropriation under section 20.505 (1) (ka) of the statutes, the department
5of administration shall, no later than June 30, 2006, make payment of this state's
6membership dues to the midwestern higher education compact in the 2004-05 fiscal
7year, but not to exceed $82,500.
AB100-ASA1,930,9
8(10q) Information technology development assistance to elections board. 9The department of administration shall:
AB100-ASA1,930,1110
(a) Assist the elections board in the selection of an appropriate vendor to
11complete the board's computer database conversion project.
AB100-ASA1,930,1412
(b) Designate a staff person to provide to the elections board quality assurance
13for information technology development work completed in connection with creation
14of the board's campaign finance database.
AB100-ASA1,930,15
15(10r)
Transfer of county and tribal law enforcement grant programs.
