Amendment AA3-AB78

ASSEMBLY AMENDMENT 3, TO 2009 ASSEMBLY BILL 78

April 17, 2009 - Offered by Representative Gundrum.

AB78-AA3,1,1 At the locations indicated, amend the bill as follows:

AB78-AA3,1,3 1. Page 2, line 2: delete the material beginning with that line and ending with page 3, line 2, and substitute:

AB78-AA3,1,7 "895.46 (9) (a) The state shall reimburse a state officer or state employee for reasonable attorney fees and costs incurred by the officer or employee in connection with a John Doe proceeding under s. 968.26 (2) arising from the officer's or employee's conduct in the performance of official duties if all of the following apply:

AB78-AA3,1,8 1. The officer or employee was acting within the scope of his or her employment.

AB78-AA3,1,10 2. The officer or employee is not convicted of a crime arising from the conduct that is the subject of any criminal complaint issued under s. 968.26 (2) (d).

AB78-AA3,2,2 (b) The state shall reimburse a state officer or state employee for reasonable attorney fees and costs incurred by the officer or employee in defending a criminal complaint issued under s. 968.26 (2) (d) arising from the officer's or employee's conduct in the performance of official duties if all of the following apply:

AB78-AA3,2,3 1. The officer or employee was acting within the scope of his or her employment.

AB78-AA3,2,5 2. The officer or employee is not convicted of a crime arising from the conduct that is the subject of the criminal complaint issued under s. 968.26 (2) (d).".

AB78-AA3,2,7 2. Page 3, line 10: after " district attorney" insert "or, if the complaint may relate to the conduct of the district attorney, to another prosecutor under s. 978.045".

AB78-AA3,2,10 3. Page 3, line 11: after " the judge" insert "may appoint a prosecutor under s. 978.045 to attend or participate in the proceeding. The extent to which the prosecutor may attend or participate is within the judge's discretion. The judge".

AB78-AA3,2,13 4. Page 3, line 20: after "secret." insert "The judge may allow the district attorney who requested the proceeding under sub. (1) or any prosecutor appointed under sub. (2) (c) to examine witnesses.".

AB78-AA3,2,15 5. Page 4, line 14: after "(b)" insert "1. In this paragraph, "district attorney" includes a prosecutor to whom the judge has referred the complaint under par. (a).".

AB78-AA3,2,16 6. Page 4, line 14: before "If a" insert:

AB78-AA3,2,17 "2.".

AB78-AA3,2,19 7. Page 4, line 15: after "the referral," insert "unless the judge extends that period for cause shown,".

AB78-AA3,2,21 8. Page 4, line 18: after "the matter" insert "that are in the custody of the district attorney".

AB78-AA3,3,3 9. Page 4, line 20: after "charges." insert "The judge may require a law enforcement agency to provide to him or her any investigative reports that the law enforcement agency has on the matter.".

AB78-AA3,3,4 10. Page 5, line 1: after "(d)" insert "1.".

AB78-AA3,3,6 11. Page 5, line 1: after "(b)," insert "if the judge does not appoint a prosecutor under par. (c),".

AB78-AA3,3,8 12. Page 5, line 5: after "attorney" insert "or other prosecutor to whom the judge referred the complaint under par. (a)".

AB78-AA3,3,9 13. Page 5, line 5: after that line insert:

AB78-AA3,3,11 "2. In a proceeding convened under par. (b), if the judge appoints a prosecutor under par. (c), the prosecutor may issue charges.".

AB78-AA3,3,12 14. Page 6, line 2: after that line insert:

AB78-AA3,3,13 " Section 7e. 978.045 (1r) (i) of the statutes is created to read:

AB78-AA3,3,16 978.045 (1r) (i) A judge determines that a complaint received under s. 968.26 (2) (a) relates to the conduct of the district attorney to whom the judge otherwise would refer the complaint.

AB78-AA3, s. 7g Section 7g. 978.045 (1r) (j) of the statutes is created to read:

AB78-AA3,3,18 978.045 (1r) (j) A matter is forwarded under s. 968.26 (2) (b) to the judge.".

AB78-AA3,3,19 (End)