AB280-ASA1,3,1210 961.55 (5) (intro.) When property other than a computer is forfeited under this
11chapter, the agency whose officer or employee seized the property shall do one of the
12following:
AB280-ASA1, s. 7 13Section 7. 961.55 (5b) of the statutes is created to read:
AB280-ASA1,3,1614 961.55 (5b) If a computer described in sub. (1) (h) is forfeited, the agency whose
15officer or employee seized the property shall, subject to sub. (5r), do one of the
16following:
AB280-ASA1,3,2417 (a) If the computer is one described in sub. (1p), sell that which is not required
18to be destroyed by law and which is not harmful to the public. If, after the conditions
19of sub. (1p) are satisfied, proceeds remain, the agency may use 50 percent of the
20remainder for payment of forfeiture expenses. Then, any remainder shall be
21deposited in the school fund as proceeds of the forfeiture. In this paragraph,
22"forfeiture expenses" include all proper expenses of the proceedings for forfeiture and
23sale, including expenses of seizure, maintenance of custody, advertising, and court
24costs and the costs of investigation and prosecution reasonably incurred.
AB280-ASA1,4,2
1(b) If the computer is not one described in sub. (1p), retain it for the agency's
2use or donate it to a nonprofit organization or a unit of state or local government.
AB280-ASA1, s. 8 3Section 8. 961.55 (5r) of the statutes is created to read:
AB280-ASA1,4,94 961.55 (5r) (a) Before selling, donating, or retaining a forfeited computer
5described in sub. (1) (h) or before returning it to its rightful owner, the law
6enforcement agency that seized it shall purge all data from the computer that are or
7represent contraband or that were used in the commission of a crime and all
8programs that are maintained or designed primarily to facilitate the commission of
9a crime.
AB280-ASA1,4,1410 (b) Before selling, donating, or retaining a forfeited computer described in sub.
11(1) (h) and after purging all data as required under par. (a), the law enforcement
12agency that seized it shall provide the owner an opportunity to retrieve from the
13computer any remaining data or programs and shall purge all other data or programs
14except the computer's operating system.
AB280-ASA1, s. 9 15Section 9. 968.20 (1) (intro.) of the statutes is amended to read:
AB280-ASA1,4,2516 968.20 (1) (intro.) Any person claiming the right to possession of property
17seized pursuant to a search warrant or seized without a search warrant may apply
18for its return to the circuit court for the county in which the property was seized or
19where the search warrant was returned. The court shall order such notice as it
20deems adequate to be given the district attorney and all persons who have or may
21have an interest in the property and shall hold a hearing to hear all claims to its true
22ownership. If the right to possession is proved to the court's satisfaction, it shall
23order the property, other than contraband or property covered under sub. (1m) or (1r)
24or s. 173.12, 173.21 (4), or 968.205, returned, subject to ss. 961.55 (5r) (a) and 973.075
25(5r) (a),
if:
AB280-ASA1, s. 10
1Section 10. 968.20 (3) (a) of the statutes is amended to read:
AB280-ASA1,6,22 968.20 (3) (a) First class cities shall dispose of dangerous weapons or
3ammunition seized 12 months after taking possession of them if the owner,
4authorized under sub. (1m), has not requested their return and if the dangerous
5weapon or ammunition is not required for evidence or use in further investigation
6and has not been disposed of pursuant to a court order at the completion of a criminal
7action or proceeding. Disposition procedures shall be established by ordinance or
8resolution and may include provisions authorizing an attempt to return to the
9rightful owner any dangerous weapons or ammunition which appear to be stolen or
10are reported stolen. If enacted, any such provision shall include a presumption that
11if the dangerous weapons or ammunition appear to be or are reported stolen an
12attempt will be made to return the dangerous weapons or ammunition to the
13authorized rightful owner. If the return of a seized dangerous weapon other than a
14firearm is not requested by its rightful owner under sub. (1) and is not returned by
15the officer under sub. (2), the city shall safely dispose of the dangerous weapon or,
16if the dangerous weapon is a motor vehicle, as defined in s. 340.01 (35), sell the motor
17vehicle following the procedure under s. 973.075 (4) (b) or authorize a law
18enforcement agency to retain and use the motor vehicle. If the return of a seized
19firearm or ammunition is not requested by its authorized rightful owner under sub.
20(1) and is not returned by the officer under sub. (2), the seized firearm or ammunition
21shall be shipped to and become property of the state crime laboratories. A person
22designated by the department of justice may destroy any material for which the
23laboratory has no use or arrange for the exchange of material with other public
24agencies. In lieu of destruction, shoulder weapons for which the laboratories have

1no use shall be turned over to the department of natural resources for sale and
2distribution of proceeds under s. 29.934 or for use under s. 29.938.
AB280-ASA1, s. 11 3Section 11. 968.20 (3) (b) of the statutes is amended to read:
AB280-ASA1,7,24 968.20 (3) (b) Except as provided in par. (a) or sub. (1m) or (4), a city, village,
5town or county or other custodian of a seized dangerous weapon or ammunition, if
6the dangerous weapon or ammunition is not required for evidence or use in further
7investigation and has not been disposed of pursuant to a court order at the
8completion of a criminal action or proceeding, shall make reasonable efforts to notify
9all persons who have or may have an authorized rightful interest in the dangerous
10weapon or ammunition of the application requirements under sub. (1). If, within 30
11days after the notice, an application under sub. (1) is not made and the seized
12dangerous weapon or ammunition is not returned by the officer under sub. (2), the
13city, village, town or county or other custodian may retain the dangerous weapon or
14ammunition and authorize its use by a law enforcement agency, except that a
15dangerous weapon used in the commission of a homicide or a handgun, as defined
16in s. 175.35 (1) (b), may not be retained. If a dangerous weapon other than a firearm
17is not so retained, the city, village, town or county or other custodian shall safely
18dispose of the dangerous weapon or, if the dangerous weapon is a motor vehicle, as
19defined in s. 340.01 (35), sell the motor vehicle following the procedure under s.
20973.075 (4) (b). If a firearm or ammunition is not so retained, the city, village, town
21or county or other custodian shall ship it to the state crime laboratories and it is then
22the property of the laboratories. A person designated by the department of justice
23may destroy any material for which the laboratories have no use or arrange for the
24exchange of material with other public agencies. In lieu of destruction, shoulder
25weapons for which the laboratory has no use shall be turned over to the department

1of natural resources for sale and distribution of proceeds under s. 29.934 or for use
2under s. 29.938.
AB280-ASA1, s. 12 3Section 12. 973.075 (1) (b) 1m. (intro.) of the statutes is amended to read:
AB280-ASA1,7,64 973.075 (1) (b) 1m. (intro.) Except Subject to sub. (1p) and except as provided
5in subd. 2m., all vehicles, as defined in s. 939.22 (44), which are used in any of the
6following ways:
AB280-ASA1, s. 13 7Section 13. 973.075 (1) (b) 2m. c. of the statutes is repealed.
AB280-ASA1, s. 14 8Section 14. 973.075 (1) (bg) of the statutes is amended to read:
AB280-ASA1,7,149 973.075 (1) (bg) Any Subject to sub. (1p), any property used or to be used in the
10commission of a crime under s. 943.75 (2) or (2m), but if the property is encumbered
11by a bona fide perfected security interest that was perfected before the date of the
12commission of the current violation and the holder of the security interest neither
13had knowledge of nor consented to the commission of that violation, the holder of the
14security interest shall be paid from the proceeds of the forfeiture
.
AB280-ASA1, s. 15 15Section 15. 973.075 (1) (bj) of the statutes is amended to read:
AB280-ASA1,7,2116 973.075 (1) (bj) Any Subject to sub. (1p), any property used or to be used in the
17commission of a crime under s. 943.74, but if the property is encumbered by a bona
18fide perfected security interest that was perfected before the date of the commission
19of the current violation and the holder of the security interest neither had knowledge
20of nor consented to the commission of that violation, the holder of the security
21interest shall be paid from the proceeds of the forfeiture
.
AB280-ASA1, s. 16 22Section 16. 973.075 (1) (bm) of the statutes is amended to read:
AB280-ASA1,8,423 973.075 (1) (bm) Any Subject to sub. (1p), any property used in the commission
24of a crime under s. 813.12 (8), 813.122 (11), 813.123 (10), 813.125 (7), 813.128 (2) or
25940.32, but if the property is encumbered by a bonafide perfected security interest

1that was perfected before the date of the commission of the current violation and the
2holder of the security interest neither had knowledge of nor consented to the
3commission of that violation, the holder of the security interest shall be paid from the
4proceeds of the forfeiture
.
AB280-ASA1, s. 17 5Section 17. 973.075 (1) (d) of the statutes is amended to read:
AB280-ASA1,8,126 973.075 (1) (d) A Subject to sub. (1p), a tank vessel that violates s. 299.62 (2)
7that is owned by a person who, within 5 years before the commission of the current
8violation, was previously convicted of violating s. 299.62 (2), but if the tank vessel is
9encumbered by a bona fide perfected security interest that was perfected before the
10date of the commission of the current violation and the holder of the security interest
11neither had knowledge of nor consented to the commission of that violation, the
12holder of the security interest shall be paid from the proceeds of the forfeiture
.
AB280-ASA1, s. 18 13Section 18. 973.075 (1) (e) of the statutes is amended to read:
AB280-ASA1,8,2414 973.075 (1) (e) Any recording, as defined in s. 943.206 (5), created, advertised,
15offered for sale or rent, sold, rented, transported or possessed in violation of ss.
16943.207 to 943.209 or s. 943.49 and, subject to sub. (1p), any electronic, mechanical
17or other device for making a recording or for manufacturing, reproducing, packaging
18or assembling a recording that was used to facilitate a violation of ss. 943.207 to
19943.209 or s. 943.49, regardless of the knowledge or intent of the person from whom
20the recording or device is seized. If a device subject to forfeiture under this paragraph
21is encumbered by a bona fide perfected security interest that was perfected before the
22date of the commission of the current violation and the holder of the security interest
23neither had knowledge of nor consented to the commission of that violation, the
24holder of the security interest shall be paid from the proceeds of the forfeiture.
AB280-ASA1, s. 19 25Section 19. 973.075 (1) (f) of the statutes is created to read:
AB280-ASA1,9,3
1973.075 (1) (f) Subject to sub. (1p), any computer, as defined in s. 943.70 (1)
2(am), used in the commission of a felony under this chapter if the following conditions
3are met:
AB280-ASA1,9,54 1. If the computer is owned by an individual, the individual had knowledge of
5and consented to the use of the computer in the commission of the felony.
AB280-ASA1,9,76 2. If the computer is owned by an entity, all owners of the entity had knowledge
7of and consented to the use of the computer in the commission of the felony.
AB280-ASA1, s. 20 8Section 20. 973.075 (1p) of the statutes is created to read:
AB280-ASA1,9,149 973.075 (1p) If any property under sub. (1) (b), (bg), (bj), (bm), (d), or (f) or any
10device under sub. (1) (e) is encumbered by a bona fide perfected security interest that
11was perfected before the date of the commission of the current violation and the
12holder of the security interest neither had knowledge of nor consented to the
13commission of that violation, the holder of the security interest shall be paid from the
14proceeds of the forfeiture.
AB280-ASA1, s. 21 15Section 21. 973.075 (4) of the statutes is renumbered 973.075 (4) (a) 3. and
16amended to read:
AB280-ASA1,9,2117 973.075 (4) (a) 3. When property, other than property specified in subd. 1. or
182.,
is forfeited under ss. 973.075 to 973.077, the agency seizing the property may sell
19the property that is not required by unless the law requires it to be destroyed or
20transferred to another agency. The agency may retain any vehicle for official use or
21sell the vehicle. The
AB280-ASA1,9,26 22(b) When an agency seizing the sells property under par. (a), it shall satisfy the
23conditions of sub. (1p). If proceeds remain, it
may deduct 50% of the amount received
24for administrative expenses of seizure, maintenance of custody, advertising and
25court costs and the costs of investigation and prosecution reasonably incurred. The

1Then, any remainder shall be deposited in the school fund as the proceeds of the
2forfeiture. If the property forfeited under ss. 973.075 to 973.077 is money, all the
3money shall be deposited in the school fund.
AB280-ASA1, s. 22 4Section 22. 973.075 (4) (a) 1. and 2. of the statutes are created to read:
AB280-ASA1,10,85 973.075 (4) (a) 1. Subject to sub. (5r), when a computer is forfeited under sub.
6(1) (f), the agency seizing it shall sell it if sub. (1p) applies but may otherwise retain
7it for its own use or donate it to a nonprofit organization or a unit of state or local
8government.
AB280-ASA1,10,109 2. If a vehicle is forfeited under ss. 973.075 to 973.077, the agency may retain
10it for official use or sell it.
AB280-ASA1, s. 23 11Section 23. 973.075 (5) (intro.) of the statutes is amended to read:
AB280-ASA1,10,2112 973.075 (5) (intro.) All forfeitures under ss. 973.075 to 973.077 shall be made
13with due provision for the rights of innocent persons under sub. subs. (1) (b) 2m., (bg),
14(bm), (d)
and (e) (1p). Except as provided in sub. (5m) and subject to sub. (5r) (a), any
15property seized but not forfeited shall be returned to its rightful owner. Any person
16claiming the right to possession of property seized may apply for its return to the
17circuit court for the county in which the property was seized. The court shall order
18such notice as it deems adequate to be given the district attorney and all persons who
19have or may have an interest in the property and shall hold a hearing to hear all
20claims to its true ownership. If the right to possession is proved to the court's
21satisfaction, it shall order the property returned, subject to sub. (5r) (a), if:
AB280-ASA1, s. 24 22Section 24. 973.075 (5r) of the statutes is created to read:
AB280-ASA1,11,323 973.075 (5r) (a) Before selling, donating, or retaining a forfeited computer
24described in sub. (1) (f) or before returning it to its rightful owner, the law
25enforcement agency that seized it shall purge all data from the computer that are or

1represent contraband or that were used in the commission of a crime and all
2programs that are maintained or designed primarily to facilitate the commission of
3a crime.
AB280-ASA1,11,84 (b) Before selling, donating, or retaining a forfeited computer described in sub.
5(1) (f) and after purging all data as required under par. (a), the law enforcement
6agency that seized it shall provide the owner an opportunity to retrieve from the
7computer any remaining data or programs and shall purge all other data or programs
8except the computer's operating system.
AB280-ASA1, s. 25 9Section 25. Initial applicability.
AB280-ASA1,11,1110 (1) This act first applies to crimes committed on the effective date of this
11subsection.
Loading...
Loading...