SB40-CSA1, s. 3881 13Section 3881. 973.045 (1m) of the statutes is repealed and recreated to read:
SB40-CSA1,1487,1514 973.045 (1m) (a) In this subsection, "civil offense" means an offense punishable
15by a forfeiture.
SB40-CSA1,1487,1716 (b) If all of the following apply, the court shall impose a crime victim and witness
17assistance surcharge in addition to any forfeiture that it imposes:
SB40-CSA1,1487,1818 1. The person is charged with one or more crimes in a complaint.
SB40-CSA1,1487,2019 2. As a result of the complaint being amended, the person is charged with a civil
20offense in lieu of one of those crimes.
SB40-CSA1,1487,2221 3. The court finds that the person committed that civil offense on or after the
22effective date of this subdivision .... [revisor inserts date].
SB40-CSA1,1487,2523 (c) The amount of the surcharge imposed under par. (b) shall be the amount
24specified in sub. (1) (a) or (b), depending on whether the crime that was the subject
25of the amendment under par. (b) 2. was a misdemeanor or a felony.
SB40-CSA1, s. 3882
1Section 3882. 973.045 (1r) (b) of the statutes is created to read:
SB40-CSA1,1488,32 973.045 (1r) (b) The entire amount of any surcharge imposed under sub. (1m)
3shall be allocated to part A.
SB40-CSA1, s. 3883 4Section 3883. 973.045 (2m) of the statutes is created to read:
SB40-CSA1,1488,75 973.045 (2m) The secretary of administration shall credit part A of the crime
6victim and witness surcharge to the appropriation account under s. 20.455 (5) (g) and
7part B to the appropriation account under s. 20.455 (5) (gc).
SB40-CSA1, s. 3884 8Section 3884. 973.045 (3) (a) of the statutes is renumbered 973.045 (1r) (a),
9and 973.045 (1r) (a) (intro.), as renumbered, is amended to read:
SB40-CSA1,1488,1410 973.045 (1r) (a) (intro.) The clerk shall record the any crime victim and witness
11surcharge imposed under sub. (1) in 2 parts. Part A is the portion that the secretary
12of administration shall credit to the appropriation account under s. 20.455 (5) (g) and
13part B is the portion that the secretary of administration shall credit to the
14appropriation account under s. 20.455 (5) (gc),
as follows:
SB40-CSA1, s. 3885 15Section 3885. 973.05 (2m) (r) of the statutes is amended to read:
SB40-CSA1,1488,1716 973.05 (2m) (r) To payment of the enforcement surcharge under s. 253.06 49.17
17(4) (c) until paid in full.
SB40-CSA1, s. 3885m 18Section 3885m. 973.055 (1) (intro.) of the statutes is amended to read:
SB40-CSA1,1488,2219 973.055 (1) (intro.) If a court imposes a sentence on an adult person or places
20an adult person on probation, regardless of whether any fine is imposed, the court
21shall impose a domestic abuse surcharge under ch. 814 of $75 $100 for each offense
22if:
SB40-CSA1, s. 3886 23Section 3886. 973.055 (3) of the statutes is amended to read:
SB40-CSA1,1489,3
1973.055 (3) All moneys collected from domestic abuse surcharges shall be
2deposited by the secretary of administration in s. 20.435 (3) 20.437 (1) (hh) and
3utilized in accordance with s. 46.95 49.165.
SB40-CSA1, s. 3887 4Section 3887. 973.09 (1) (b) of the statutes is amended to read:
SB40-CSA1,1489,115 973.09 (1) (b) If the court places the person on probation, the court shall order
6the person to pay restitution under s. 973.20, unless the court finds there is
7substantial reason not to order restitution as a condition of probation. If the court
8does not require restitution to be paid to a victim, the court shall state its reason on
9the record. If the court does require restitution, it shall notify the department of
10justice of its decision if the victim may be eligible for compensation under subch. I
11of
ch. 949.
SB40-CSA1, s. 3891 12Section 3891. 973.20 (9) (a) of the statutes is amended to read:
SB40-CSA1,1489,1713 973.20 (9) (a) If a crime victim is paid an award under subch. I of ch. 949 for
14any loss arising out of a criminal act, the state is subrogated to the rights of the victim
15to any restitution required by the court. The rights of the state are subordinate to
16the claims of victims who have suffered a loss arising out of the offenses or any
17transaction which is part of the same continuous scheme of criminal activity.
SB40-CSA1, s. 3892 18Section 3892. 973.20 (9) (b) of the statutes is amended to read:
SB40-CSA1,1490,219 973.20 (9) (b) When restitution is ordered, the court shall inquire to see if an
20award has been made under subch. I of ch. 949 and if the department of justice is
21subrogated to the cause of action under s. 949.15. If the restitution ordered is less
22than or equal to the award under subch. I of ch. 949, the restitution shall be paid only
23to the general fund
credited to the appropriation account under s. 20.455 (5) (hh).
24If the restitution ordered is greater than the award under subch. I of ch. 949, the
25general fund shall receive
an amount equal to the award under subch. I of ch. 949

1shall be credited to the appropriation account under s. 20.455 (5) (hh) and the balance
2shall be paid to the victim.
SB40-CSA1, s. 3893 3Section 3893. 973.30 of the statutes is repealed.
SB40-CSA1, s. 3909 4Section 3909. 977.02 (2m) of the statutes is amended to read:
SB40-CSA1,1490,85 977.02 (2m) Promulgate rules regarding eligibility for legal services under this
6chapter, including legal services for children persons who are entitled to be
7represented by counsel without a determination of indigency, as provided in s. 48.23
8(4), 51.60, 55.105, or 938.23 (4).
SB40-CSA1, s. 3910 9Section 3910. 977.02 (3) of the statutes is amended to read:
SB40-CSA1,1490,1410 977.02 (3) Promulgate rules regarding the determination of indigency of
11persons entitled to be represented by counsel, other than children persons who are
12entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23,
13including the time period in which the determination must be made and the criteria
14to be used to determine indigency and partial indigency.
SB40-CSA1, s. 3911 15Section 3911. 977.05 (4) (gm) of the statutes is amended to read:
SB40-CSA1,1490,2116 977.05 (4) (gm) In accordance with the standards under pars. (h) and (i), accept
17referrals from judges and courts for the provision of legal services without a
18determination of indigency of children persons who are entitled to be represented by
19counsel under s. 48.23, 51.60, 55.105, or 938.23, appoint counsel in accordance with
20contracts and policies of the board, and inform the referring judge or court of the
21name and address of the specific attorney who has been assigned to the case.
SB40-CSA1, s. 3912 22Section 3912. 977.05 (4) (h) of the statutes is amended to read:
SB40-CSA1,1491,323 977.05 (4) (h) Accept requests for legal services from children persons who are
24entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23 and
25from indigent persons who are entitled to be represented by counsel under s. 967.06

1or who are otherwise so entitled under the constitution or laws of the United States
2or this state and provide such persons with legal services when, in the discretion of
3the state public defender, such provision of legal services is appropriate.
SB40-CSA1, s. 3913 4Section 3913. 977.05 (4) (i) 8. of the statutes is amended to read:
SB40-CSA1,1491,75 977.05 (4) (i) 8. Cases involving individuals who are subject to petitions for
6protective placement or involuntary administration of psychotropic medication
7under ch. 55.
SB40-CSA1, s. 3914 8Section 3914 . 977.06 (2) (a) of the statutes is amended to read:
SB40-CSA1,1491,179 977.06 (2) (a) A person seeking to have counsel assigned for him or her under
10s. 977.08, other than a child person who is entitled to be represented by counsel under
11s. 48.23, 51.60, 55.105, or 938.23, shall sign a statement declaring that he or she has
12not disposed of any assets for the purpose of qualifying for that assignment of
13counsel. If the representative or authority making the indigency determination
14finds that any asset was disposed of for less than its fair market value for the purpose
15of obtaining that assignment of counsel, the asset shall be counted under s. 977.07
16(2) at its fair market value at the time it was disposed of, minus the amount of
17compensation received for the asset.
SB40-CSA1, s. 3915 18Section 3915. 977.06 (2) (am) of the statutes is amended to read:
SB40-CSA1,1491,2419 977.06 (2) (am) A person seeking to have counsel assigned for him or her under
20s. 977.08, other than a child person who is entitled to be represented by counsel under
21s. 48.23, 51.60, 55.105, or 938.23, shall sign a statement declaring that the
22information that he or she has given to determine eligibility for assignment of
23counsel he or she believes to be true and that he or she is informed that he or she is
24subject to the penalty under par. (b).
SB40-CSA1, s. 3916 25Section 3916. 977.06 (4) (bm) of the statutes is amended to read:
SB40-CSA1,1492,9
1977.06 (4) (bm) In response to a request for information under s. 49.22 (2m)
2made by the department of workforce development children and families or a county
3child support agency under s. 59.53 (5), the state public defender shall provide the
4name and address of an individual, the name and address of the individual's
5employer and financial information related to the individual, if the name, address
6or financial information is included in any statement, affidavit or other information
7provided by the individual regarding financial eligibility under s. 977.07 and if, at
8the time the request for information is made, the individual is represented by the
9state public defender or by counsel assigned under s. 977.08.
SB40-CSA1, s. 3917 10Section 3917. 977.07 (1) (a) of the statutes is amended to read:
SB40-CSA1,1492,1511 977.07 (1) (a) Determination of indigency for persons entitled to counsel shall
12be made as soon as possible and shall be in accordance with the rules promulgated
13by the board under s. 977.02 (3) and the system established under s. 977.06. No
14determination of indigency is required for a child person who is entitled to be
15represented by counsel under s. 48.23, 51.60, 55.105, or 938.23.
SB40-CSA1, s. 3918 16Section 3918. 977.07 (1) (c) of the statutes is amended to read:
SB40-CSA1,1493,217 977.07 (1) (c) For all referrals made under ss. 809.107, 809.30, 974.06 (3) (b)
18and 974.07 (11), except a referral of a child person who is entitled to be represented
19by counsel under s. 48.23, 51.60, 55.105, or 938.23, a representative of the state
20public defender shall determine indigency. For referrals made under ss. 809.107,
21809.30 and 974.06 (3) (b), except a referral of a child person who is entitled to be
22represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, the representative
23of the state public defender may, unless a request for redetermination has been filed
24under s. 809.30 (2) (d) or the person's request for representation states that his or her

1financial circumstances have materially improved, rely upon a determination of
2indigency made for purposes of trial representation under this section.
SB40-CSA1, s. 3919 3Section 3919. 977.075 (1g) of the statutes is created to read:
SB40-CSA1,1493,64 977.075 (1g) In this section, "client responsible for payment" means a client of
5the state public defender other than a client entitled to legal representation without
6a determination of indigency.
SB40-CSA1, s. 3920 7Section 3920. 977.075 (3) of the statutes is amended to read:
SB40-CSA1,1493,148 977.075 (3) The board shall establish by rule a fee schedule that sets the
9amount that a person, other than a parent subject to s. 48.275 (2) (b) or 938.275 (2)
10(b), who is
client responsible for payment for legal representation shall pay for the
11cost of the legal representation if the person client does not pay the applicable
12discount fee under sub. (3m). The schedule shall establish a fee for a given type of
13case, and the fee for a given type of case shall be based on the average cost, as
14determined by the board, for representation for that type of case.
SB40-CSA1, s. 3921 15Section 3921. 977.075 (3m) of the statutes is amended to read:
SB40-CSA1,1493,2416 977.075 (3m) The board shall establish by rule a fee schedule that sets the
17discount amount that a person, other than a parent subject to s. 48.275 (2) (b) or
18938.275 (2) (b), who is
client responsible for payment for legal representation, may
19pay during a time period established by rule instead of paying the applicable fee
20under sub. (3). The fee schedule shall establish a discount fee for each type of case
21included in the schedule under sub. (3). If a person client responsible for payment
22pays the applicable discount fee within the time period established under this
23section, the person client may not be held liable for any additional payment for
24counsel.
SB40-CSA1, s. 3922 25Section 3922. 977.075 (4) of the statutes is created to read:
SB40-CSA1,1494,6
1977.075 (4) The board shall establish by rule a fee schedule that sets the
2maximum amount that a parent subject to s. 48.275 (2) (b) or 938.275 (2) (b) shall pay
3as reimbursement for legal services and sets the maximum amount that a person
4subject to s. 51.605 or 55.107 shall pay as reimbursement for legal services. The
5maximum amounts under this subsection shall be based on the average cost, as
6determined by the board, for each applicable type of case.
SB40-CSA1, s. 3923 7Section 3923. 977.08 (1) of the statutes is amended to read:
SB40-CSA1,1494,138 977.08 (1) If the representative or the authority for indigency determinations
9specified under s. 977.07 (1) refers a case to or within the office of the state public
10defender or if a case is referred under s. 48.23 (4), 51.60, 55.105, or 938.23 (4), the
11state public defender shall assign counsel according to subs. (3) and (4). If a
12defendant makes a request for change of attorney assignment, the change of attorney
13must be approved by the circuit court.
SB40-CSA1, s. 3924 14Section 3924. 977.08 (2) (intro.) of the statutes is amended to read:
SB40-CSA1,1494,1815 977.08 (2) (intro.) All attorneys in a county shall be notified in writing by the
16state public defender that a set of lists is being prepared of attorneys willing to
17represent children persons referred under s. 48.23 (4), 51.60, 55.105, or 938.23 (4)
18and indigent clients in the following:
SB40-CSA1, s. 3925 19Section 3925. 977.08 (2) (d) of the statutes is repealed.
SB40-CSA1, s. 3926 20Section 3926. 977.085 (3) of the statutes is amended to read:
SB40-CSA1,1495,421 977.085 (3) The board shall provide quarterly reports to the joint committee
22on finance on the status of reimbursement for or recoupment of payments under ss.
2348.275, 51.605, 55.107, 757.66, 938.275, 977.06, 977.07 (2), 977.075 and 977.076,
24including the amount of revenue generated by reimbursement and recoupment. The
25quarterly reports shall include any alternative means suggested by the board to

1improve reimbursement and recoupment procedures and to increase the amount of
2revenue generated. The department of justice, district attorneys, circuit courts and
3applicable county agencies shall cooperate by providing any necessary information
4to the state public defender.
SB40-CSA1, s. 3926p 5Section 3926p. 978.01 (2) (b) of the statutes is amended to read:
SB40-CSA1,1495,86 978.01 (2) (b) A district attorney serves on a part-time basis if his or her
7prosecutorial unit consists of Buffalo, Florence, or Pepin, Trempealeau or Vernon
8county.
SB40-CSA1, s. 3927 9Section 3927. 978.05 (4m) of the statutes is amended to read:
SB40-CSA1,1495,1210 978.05 (4m) Welfare fraud investigations. Cooperate with the departments
11of workforce development children and families and health and family services
12regarding the fraud investigation programs under ss. 49.197 (1m) and 49.845 (1).
SB40-CSA1, s. 3928 13Section 3928. 980.036 (10) of the statutes is amended to read:
SB40-CSA1,1495,2114 980.036 (10) Payment of photocopy copying costs in cases involving indigent
15respondents.
When the state public defender or a private attorney appointed under
16s. 977.08 requests photocopies copies, in any format, of any item that is discoverable
17under this section, the state public defender shall pay any fee charged for the
18photocopies copies from the appropriation under s. 20.550 (1) (a). If the person
19providing photocopies copies under this section charges the state public defender a
20fee for the photocopies copies, the fee may not exceed the actual, necessary, and,
21direct cost of photocopying providing the copies.
SB40-CSA1, s. 3929 22Section 3929. 980.08 (9) of the statutes, as created by 2005 Wisconsin Act 431,
23is renumbered 980.08 (9) (a).
SB40-CSA1, s. 3930 24Section 3930. 980.08 (9) (b) of the statutes is created to read:
SB40-CSA1,1496,2
1980.08 (9) (b) The department of corrections may contract for the escort
2services under par. (a).
SB40-CSA1, s. 3931 3Section 3931. 985.01 (1g) of the statutes is amended to read:
SB40-CSA1,1496,54 985.01 (1g) "Governing body" has the meaning given in s. 345.05 (1) (b) and
5includes a family long-term care district board under s. 46.2895.
SB40-CSA1, s. 3932 6Section 3932. 985.01 (3) of the statutes is amended to read:
SB40-CSA1,1496,87 985.01 (3) "Municipality" has the meaning in s. 345.05 (1) (c) and includes a
8family long-term care district under s. 46.2895.
SB40-CSA1, s. 3934 9Section 3934. 995.67 (1) (a) of the statutes is amended to read:
SB40-CSA1,1496,1110 995.67 (1) (a) "Domestic abuse" has the meaning given in s. 46.95 49.165 (1)
11(a).
SB40-CSA1, s. 3934b 12Section 3934b. 2001 Wisconsin Act 16, section 9107 (13r) is repealed.
SB40-CSA1, s. 3935 13Section 3935. 2003 Wisconsin Act 33, section 9159 (4f) is repealed.
SB40-CSA1, s. 3936 14Section 3936. 2005 Wisconsin Act 25, section 9101 (4) (b) and (c) is amended
15to read:
SB40-CSA1,1497,716[2005 Wisconsin Act 25] Section 9101 (4) (b) the secretary The department of
17administration shall submit a report to the secretary of the building commission
18containing an inventory of his or her recommendations to offer specified state
19properties
may offer any parcel of state-owned real property for sale under in
20accordance with
section 16.848 of the statutes, as created by this act, if the property
21is eligible for sale under that section and this subsection. If the department of
22administration receives an offer to purchase the property, the secretary of
23administration may submit a report to the secretary of the building commission
24recommending acceptance of the offer. The report shall contain a description of the
25property
and the reasons therefor. A property may be included in the inventory for

1the recommendation. The secretary of administration may recommend the sale of
2a property
with or without approval of the state agency having jurisdiction of the
3property. If, during the period on or before June 30, 2007, or the period beginning
4on the effective date of this paragraph and ending on June 30, 2009,
the building
5commission votes to approve the sale of any offer to purchase the property included
6in the inventory
, the department of administration may offer sell the property for sale
7under section 16.848 of the statutes, as created by this act
.
SB40-CSA1,1497,108 (c) This subsection does not apply during the period beginning after June 30,
92007 and ending the day before the effective date of this paragraph, nor during the
10period after June 30, 2009
.
SB40-CSA1, s. 3936m 11Section 3936m. 2005 Wisconsin Act 25, section 9105 (9) is amended to read:
SB40-CSA1,1497,2212[2005 Wisconsin Act 25] Section 9105 (9) Columbia St. Mary's—Columbia
13campus.
Notwithstanding section 18.04 (1) and (2) of the statutes, no public debt
14authorized for the acquisition and remodeling of the Columbia campus medical
15facilities, as enumerated in subsection (1) (h) 1. and 3., may be contracted until after
16June 30, 2007 2009. Beginning on July 1, 2007 2009, and ending on June 30, 2009
172011, not more than 50 percent of the general fund supported borrowing and 50
18percent of the program revenue supported borrowing authorized for the acquisition
19and remodeling of the Columbia campus medical facilities may be incurred.
20Beginning on July 1, 2009 2011, the remainder of the general fund supported
21borrowing and program revenue supported borrowing authorized for the acquisition
22and remodeling of the Columbia campus medical facilities may be incurred.
SB40-CSA1, s. 3937 23Section 3937. 2005 Wisconsin Act 25, section 9152 (5) is amended to read:
SB40-CSA1,1498,1324[2005 Wisconsin Act 25] Section 9152 (5) Sale of real property. If the Board
25of Regents of the University of Wisconsin System sells any real property under its

1jurisdiction during the period prior to July 1, 2007, and the period beginning on the
2effective date of this subsection and ending on June 30, 2009,
the board shall credit
3the net proceeds of the sale to the appropriation account under section 20.285 (1) (iz)
4of the statutes, as affected by this act, except that if there is any outstanding public
5debt used to finance the acquisition, construction, or improvement of any property
6that is sold, the board shall deposit a sufficient amount of the net proceeds from the
7sale of the property in the bond security and redemption fund under section 18.09
8of the statutes to repay the principal and pay the interest on the debt, and any
9premium due upon refunding any of the debt. If the property was acquired,
10constructed, or improved with federal financial assistance, the board shall pay to the
11federal government any of the net proceeds required by federal law. If the property
12was acquired by gift or grant or acquired with gift or grant funds, the board shall
13adhere to any restriction governing use of the proceeds.
SB40-CSA1, s. 3938b 14Section 3938b. 2007 Wisconsin Act 1, section 210 (3) is amended to read:
SB40-CSA1,1498,1815[2007 Wisconsin Act 1] Section 210 (3) The unencumbered balance in the
16appropriation account under section 20.521 (1) (g) of the statutes is transferred to the
17appropriation account under section 20.511 (1) (i) (im) of the statutes, as created by
18this act 2007 Wisconsin Act .... (Senate Bill 40).
SB40-CSA1, s. 3938c 19Section 3938c. 2007 Wisconsin Act 1, section 211 (4) is created to read:
SB40-CSA1,1498,2520[2007 Wisconsin Act 1] Section 211 (4) The treatment of sections 5.05 (11), 7.08
21(7), 7.31 (5), 20.510 (intro.) and (1) (title), (a), (b), (bm), (c), (d), (g), (gm), (h), (i), (j),
22(q), (t), and (x), 20.511 (1) (h) and (i), and 20.521 (intro.) and (1) (title), (a), (b), (g), (h),
23and (i) of the statutes and Section 210 (1) to (4) of this act take effect on the initiation
24date specified in Section 209 (1) or on the day after publication of the 2007 biennial
25budget act, whichever is earlier.
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