AB40-ASA1,1233,423 969.12 (2) A surety under this chapter shall be a natural person, except who
24is a resident of this state or
a surety under s. 345.61 or, subject to s. 969.02 (2) or
25969.03 (1) (d), a bail bond agent or bail bond agency that is licensed under s. 440.282

1(1) or (2)
. No surety under this chapter may be compensated for acting as such a
2surety, except that a bail bond agent or bail bond agency that is licensed under s.
3440.282 (1) or (2) shall be compensated at a rate of 10 percent of the amount of the
4bond set
.
AB40-ASA1,2342w 5Section 2342w. 969.15 of the statutes is created to read:
AB40-ASA1,1233,10 6969.15 Pretrial release; reports. (1) The director of state courts shall create
7and make available to the clerks of court in Dane, Kenosha, Milwaukee, Racine, and
8Waukesha counties forms for reporting under this section and shall prescribe a
9schedule for the clerks of court to return the completed forms. The director of state
10courts shall require, at a minimum, annual reports from the clerks of the counties.
AB40-ASA1,1233,14 11(2) The clerks of court in Dane, Kenosha, Milwaukee, Racine, and Waukesha
12counties shall, using the forms provided by the director of state courts and according
13to the schedule prescribed by the director of state courts, provide the following
14information to the director of state courts:
AB40-ASA1,1233,1615 (a) The number of persons charged in the county released pursuant to s. 969.02
16(1).
AB40-ASA1,1233,2117 (b) The number of persons charged in the county released pursuant to s. 969.02
18(2) and the amount of the appearance bond required. For each person released
19pursuant to s. 969.02 (2) who used a surety, whether the surety is a natural person,
20a surety under s. 345.61, or a bail bond agent or bail bond agency that is licensed
21under s. 440.282 (1) or (2).
AB40-ASA1,1233,2322 (c) The number of persons charged in the county released pursuant to s. 969.03
23(1) without bail or upon the execution of an unsecured appearance bond.
AB40-ASA1,1234,424 (d) The number of persons charged in the county released pursuant to s. 969.03
25(1) upon the execution of an appearance bond under s. 969.03 (1) (d), and the amount

1of the appearance bond required. For each person released pursuant to s. 969.03 (1)
2upon the execution of an appearance bond under s. 969.03 (1) (d) who used a surety,
3whether the surety is a natural person, a surety under s. 345.61, or a bail bond agent
4or bail bond agency that is licensed under s. 440.282 (1) or (2).
AB40-ASA1,1234,95 (e) The number of court orders entered under s. 969.13 (1) because a person
6failed to make a required court appearance and, for each order counted under this
7paragraph, whether the person who forfeited bail had used a surety who is a natural
8person, a surety under s. 345.61, or a bail bond agent or bail agency that is licensed
9under s. 440.282 (1) or (2).
AB40-ASA1,1234,1210 (f) The amounts of bail forfeited and subsequently collected and a description
11of how the collected amounts were allocated by the clerk of courts and the county
12treasurer.
AB40-ASA1,1234,1313 (g) The amounts of bail forfeited and not collected.
AB40-ASA1,1234,1614 (h) The disposition of the case against every person subject to an order counted
15under par. (e), including a statement as to whether, when, and by whom the person
16was located after he or she failed to make a required court appearance.
AB40-ASA1,1234,1817 (i) A statement as to the time and cost expended by the county to locate a person
18subject to an order counted under par. (e).
AB40-ASA1,1234,22 19(3) The director of state courts shall, no later than 4 years and 4 months after
20the effective date of this subsection .... [LRB inserts date], submit to the chief clerk
21of each house of the legislature, for distribution to the legislature under s. 13.172 (2),
22a report summarizing the reports prepared by the clerks of court pursuant to sub. (2).
AB40-ASA1,2343 23Section 2343. 970.02 (8) of the statutes is created to read:
AB40-ASA1,1235,724 970.02 (8) If the offense charged is a felony, the judge shall determine if a
25biological specimen has been obtained from the defendant under s. 165.84 (7), and,

1if not, the judge shall direct that a law enforcement agency or tribal law enforcement
2agency obtain a biological specimen from the defendant and submit it to the state
3crime laboratories as specified in rules promulgated by the department of justice
4under s. 165.76 (4). If the judge requires the defendant to provide a specimen under
5this subsection or if a biological specimen has already been obtained from the
6defendant, the judge shall inform the defendant that he or she may request
7expungement under s. 165.77 (4).
AB40-ASA1,2344 8Section 2344. 971.17 (1m) (a) of the statutes is renumbered 971.17 (1m) (a)
91. and amended to read:
AB40-ASA1,1235,1510 971.17 (1m) (a) 1. If the defendant under sub. (1) is found not guilty by reason
11of mental disease or defect for a felony or a violation of s. 165.765 (1), 2011 stats., or
12of s.
940.225 (3m), 941.20 (1), 944.20, 944.30, 944.31, 944.33 (1), 946.52, or 948.10 (1)
13(b)
, the court shall require the person to provide a biological specimen to the state
14crime laboratories for deoxyribonucleic acid analysis. The judge shall inform the
15person that he or she may request expungement under s. 165.77 (4).
AB40-ASA1,2344c 16Section 2344c. 971.17 (1m) (a) 2. of the statutes is created to read:
AB40-ASA1,1235,1917 971.17 (1m) (a) 2. Biological specimens required under subd. 1. shall be
18obtained and submitted as specified in rules promulgated by the department of
19justice under s. 165.76 (4).
AB40-ASA1,2345 20Section 2345. 973.042 (3) of the statutes is repealed.
AB40-ASA1,2346 21Section 2346. 973.042 (5) of the statutes is amended to read:
AB40-ASA1,1236,222 973.042 (5) The secretary of administration shall credit part A of the surcharge
23to the appropriation account under s. 20.410 (1) (gj). The secretary of administration
24shall credit part B of
the surcharge to the appropriation account under s. 20.455 (2)

1(5) (gj). The secretary of administration shall credit part C of the surcharge to the
2appropriation account under s. 20.505 (6) (gj).
AB40-ASA1,2347 3Section 2347. 973.043 (3) of the statutes is amended to read:
AB40-ASA1,1236,64 973.043 (3) All moneys collected from drug offender diversion surcharges shall
5be credited to the appropriation account under s. 20.505 (6) (ku) 20.455 (2) (kv) and
6used for the purpose of making grants to counties under s. 16.964 (12) 165.95.
AB40-ASA1,2348 7Section 2348. 973.045 (1) of the statutes is amended to read:
AB40-ASA1,1236,128 973.045 (1) If a court imposes a sentence or places a person on probation, the
9court shall impose a crime victim and witness assistance surcharge . A surcharge
10imposed under this subsection may not be waived, reduced, or forgiven for any
11reason. The surcharge is the total amount
calculated by adding up the amount for
12every misdemeanor count and every felony count
as follows:
AB40-ASA1,1236,1313 (a) For each misdemeanor offense or count on which a conviction occurred, $67.
AB40-ASA1,1236,1414 (b) For each felony offense or count on which a conviction occurred, $92.
AB40-ASA1,2349 15Section 2349. 973.045 (1r) of the statutes is repealed.
AB40-ASA1,2350 16Section 2350. 973.045 (2) of the statutes is amended to read:
AB40-ASA1,1236,2217 973.045 (2) After the clerk determines the amount due, the clerk of court shall
18collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The
19county treasurer shall then make payment to the secretary of administration under
20s. 59.25 (3) (f) 2. The secretary of administration shall credit to the appropriation
21account under s. 20.455 (5) (g) the amount paid to the secretary by the county
22treasurer under this subsection and any amount collected under sub. (4).
AB40-ASA1,2351 23Section 2351. 973.045 (2m) of the statutes is repealed.
AB40-ASA1,2352 24Section 2352. 973.045 (3) of the statutes is repealed.
AB40-ASA1,2352m 25Section 2352m. 973.0455 of the statutes is created to read:
AB40-ASA1,1237,5
1973.0455 Crime prevention funding board surcharge. (1) If a court
2imposes a sentence or places a person on probation, the court shall impose a crime
3prevention funding board surcharge. The surcharge is the total amount calculated
4by adding up, for each misdemeanor or felony count on which a conviction occurred,
5$20.
AB40-ASA1,1237,8 6(2) After the clerk determines the amount due, the clerk of court shall collect
7and transmit the amount to the county treasurer under s. 59.40 (2) (n). The county
8treasurer shall then distribute the moneys under s. 59.25 (3) (gm).
AB40-ASA1,2353 9Section 2353. 973.046 (1g) of the statutes is repealed.
AB40-ASA1,2354 10Section 2354. 973.046 (1r) of the statutes is renumbered 973.046 (1r) (intro.)
11and amended to read:
AB40-ASA1,1237,1512 973.046 (1r) (intro.) If a court imposes a sentence or places a person on
13probation for a violation of s. 940.225, 948.02 (1) or (2), 948.025, 948.085, the court
14shall impose a deoxyribonucleic acid analysis surcharge of $250., calculated as
15follows:
AB40-ASA1,2355 16Section 2355. 973.046 (1r) (a) and (b) of the statutes are created to read:
AB40-ASA1,1237,1717 973.046 (1r) (a) For each conviction for a felony, $250.
AB40-ASA1,1237,1818 (b) For each conviction for a misdemeanor, $200.
AB40-ASA1,2356 19Section 2356. 973.047 (1f) of the statutes is amended to read:
AB40-ASA1,1237,2520 973.047 (1f) If a court imposes a sentence or places a person on probation for
21a felony conviction or for a conviction for a violation of s. 165.765 (1), 940.225 (3m),
22944.20, or 948.10 (1) (b)
, the court shall require the person to provide a biological
23specimen to the state crime laboratories for deoxyribonucleic acid analysis. The
24court shall inform the person that he or she may request expungement under s.
25165.77 (4).
AB40-ASA1,2357
1Section 2357. 973.047 (1m) of the statutes is amended to read:
AB40-ASA1,1238,52 973.047 (1m) The results from deoxyribonucleic acid analysis of a specimen
3provided under this section may be used only as authorized under s. 165.77 (3). The
4state crime laboratories shall destroy any such specimen in accordance with s. 165.77
5(3).
AB40-ASA1,2358 6Section 2358. 973.047 (2) of the statutes is amended to read:
AB40-ASA1,1238,127 973.047 (2) The department of justice shall promulgate rules providing for
8procedures for defendants to provide specimens when
Biological samples required
9to do so under this section and for the transportation of those specimens to the state
10crime laboratories for analysis under s. 165.77
sub. (1f) shall be obtained and
11submitted as specified in rules promulgated by the department of justice under s.
12165.76 (4)
.
AB40-ASA1,2358m 13Section 2358m. 973.05 (2m) (jr) of the statutes is created to read:
AB40-ASA1,1238,1514 973.05 (2m) (jr) To payment of the crime prevention funding board surcharge
15until paid in full.
AB40-ASA1,2359 16Section 2359. 973.09 (3) (bg) of the statutes is created to read:
AB40-ASA1,1239,217 973.09 (3) (bg) 1. At least 90 days before the expiration date of a probationer's
18period of probation, the department shall notify the sentencing court and district
19attorney that a probationer owes an unpaid surcharge imposed under s. 973.045.
20Upon receiving notice from the department, the court shall schedule a probation
21review hearing to be held before the expiration date of the period of probation unless
22the probationer either pays the unpaid surcharge before the scheduled hearing date
23or voluntarily waives the hearing. A waiver of a probation review hearing under this
24paragraph must include an acknowledgment by the probationer that waiver may

1result in an extension of the probation period, a modification of the terms and
2conditions of probation, or a revocation of probation.
AB40-ASA1,1239,63 2. If the court does not extend probation, the court shall issue a judgment for
4the unpaid surcharge and direct the clerk of circuit court to file and enter the
5judgment in the judgment and lien docket. The judgment has the same force and
6effect as judgments entered under s. 806.10.
AB40-ASA1,1239,127 3. At a probation review hearing scheduled under subd. 1., the department has
8the burden of proving that the probationer owes an unpaid surcharge imposed under
9s. 973.045 and the amount of the unpaid surcharge. If the department proves by a
10preponderance of the evidence that the probationer owes an unpaid surcharge under
11s. 973.045, the court may, by order, extend the period of probation for a stated period
12or modify the terms and conditions of probation.
AB40-ASA1,1239,1913 4. If the court does not extend or modify the terms of probation under subd. 3.,
14the court shall issue a judgment for the unpaid surcharge and direct the clerk of
15circuit court to file and enter the judgment in the judgment and lien docket without
16fee. If the court issues a judgment for the unpaid surcharge, the court shall send to
17the department a written notification that a civil judgment has been issued for the
18unpaid fees. The judgment has the same force and effect as judgments entered under
19s. 806.10.
AB40-ASA1,2360 20Section 2360. 973.155 (1m) of the statutes is amended to read:
AB40-ASA1,1240,221 973.155 (1m) A convicted offender shall be given credit toward the service of
22his or her sentence for all days spent in custody as part of a substance abuse
23treatment program that meets the requirements of s. 16.964 (12) (c) 165.95 (3), as
24determined by the office of justice assistance department of justice under s. 16.964

1(12) (i)
165.95 (9) and (10), for any offense arising out of the course of conduct that
2led to the person's placement in that program.
AB40-ASA1,2360m 3Section 2360m. 978.12 (1) (b) of the statutes is amended to read:
AB40-ASA1,1240,74 978.12 (1) (b) Deputy district attorneys. Deputy district attorneys shall be
5employed outside the classified service. The state shall establish and adjust the
6salaries of deputy district attorneys in accordance with s. 230.12 (10) and the state
7compensation plan.
AB40-ASA1,2360w 8Section 2360w. 980.063 (1) (a) of the statutes is amended to read:
AB40-ASA1,1240,129 980.063 (1) (a) If a person is found to be a sexually violent person under this
10chapter, the court shall require the person to provide a biological specimen to the
11state crime laboratories for deoxyribonucleic acid analysis. The court shall inform
12the person that he or she may request expungement under s. 165.77 (4).
AB40-ASA1,2361 13Section 2361. 980.063 (1) (b) of the statutes is amended to read:
AB40-ASA1,1240,1614 980.063 (1) (b) The results from deoxyribonucleic acid analysis of a specimen
15under par. (a) may be used only as authorized under s. 165.77 (3). The state crime
16laboratories shall destroy any such specimen in accordance with s. 165.77 (3).
AB40-ASA1,2362 17Section 2362. 980.063 (2) of the statutes is amended to read:
AB40-ASA1,1240,2218 980.063 (2) The department of justice shall promulgate rules providing for
19procedures for defendants to provide specimens
Biological samples required under
20sub. (1) and for the transportation of those specimens to the state crime laboratories
21for analysis under s. 165.77
(a) shall be obtained and submitted as specified in rules
22promulgated by the department of justice under s. 165.76 (4)
.
AB40-ASA1,2363 23Section 2363. 995.10 (1) (i) 1. d. of the statutes is created to read:
AB40-ASA1,1241,224 995.10 (1) (i) 1. d. Owns an automated roll-your-own machine that is used to
25make cigarettes, not including an individual who owns a roll-your-own machine and

1uses the machine in his or her home solely to make cigarettes for his or her personal
2use or for the use of other individuals who live in his or her home.
AB40-ASA1,2363m 3Section 2363m. 2007 Wisconsin Act 20, section 9105 (1) (a) 2., as last amended
4by 2009 Wisconsin Act 28, section 3409n, is amended to read:
AB40-ASA1,2363p 7Section 2363p. 2011 Wisconsin Act 32, section 9106 (1) (i) 3. is amended to
8read:
AB40-ASA1,2364 1Section 2364. 2011 Wisconsin Act 32, section 9219 (1u) is amended to read:
AB40-ASA1,1243,42[2011 Wisconsin Act 32] Section 9219 (1u) Appropriation lapses and
3reestimates
. The governor shall take actions during the 2011-13 and 2013-15 fiscal
4biennia
fiscal biennium to ensure that from general purpose revenue appropriations

1to the office of the governor under section 20.525 of the statutes an amount equal to
2$582,200 is lapsed from sum certain appropriation accounts or is subtracted from the
3expenditure estimates for any other types of appropriations, or both, in each that
4fiscal biennium.
AB40-ASA1,2364m 5Section 2364m. 2011 Wisconsin Act 32, section 9245 (2f) is amended to read:
AB40-ASA1,1243,176[2011 Wisconsin Act 32] Section 9245 (2f) Appropriation lapses and
7reestimates.
The chief justice of the supreme court, acting as administrative head
8of the judicial system, shall take actions during the 2011-13 and 2013-15 fiscal
9biennia to ensure that from general purpose revenue and program revenue
10appropriations to the circuit courts under section 20.625 of the statutes, to the court
11of appeals under section 20.660 of the statutes, and to the supreme court under
1220.680 of the statutes an amount equal to $16,960,400 is lapsed from sum certain
13appropriation accounts or is subtracted from the expenditure estimates for any other
14types of appropriations, or both, in each the 2011-13 fiscal biennium, and an amount
15equal to $11,807,400 is lapsed from sum certain appropriation accounts or is
16subtracted from the expenditure estimates for any other types of appropriations, or
17both, in the 2013-15 fiscal biennium
.
AB40-ASA1,2365 18Section 2365. 2011 Wisconsin Act 32, section 9255 (1) (b) is amended to read:
AB40-ASA1,1244,819[2011 Wisconsin Act 32] Section 9255 (1) (b) Notwithstanding section 20.001
20(3) (a) to (c) of the statutes, but subject to paragraph (e), the secretary of
21administration shall lapse to the general fund from the unencumbered balances of
22general purpose revenue and program revenue appropriations to executive branch
23state agencies, other than sum sufficient appropriations and appropriations of
24federal revenues, an amount equal to $174,300,000 in the 2011-13 fiscal biennium
25and $174,300,000 in the 2013-15 fiscal biennium. Before lapsing any moneys under

1this paragraph, the secretary shall develop a plan for lapsing the moneys and shall
2submit the plan to the joint committee on finance. If the cochairpersons of the joint
3committee on finance do not notify the secretary within 14 working days after the
4date of the submittal of the plan that the committee has scheduled a meeting to
5review the plan, the plan may be implemented by the secretary. If, within 14 days
6after the date of the submittal of the plan, the cochairpersons of the committee notify
7the secretary that the committee has scheduled a meeting to review the plan, moneys
8may be lapsed only after the plan has been approved by the committee.
AB40-ASA1,2365m 9Section 2365m. 2011 Wisconsin Act 32, section 9452 (1d) is amended to read:
AB40-ASA1,1245,2 10[2011 Wisconsin Act 32] Section 9452 (1d) University of Wisconsin. The
11treatment of sections 16.705 (1r) (d) and (e), (2), (3) (intro.), 16.71 (1m) (by Section
12241f) and (4), 16.72 (8), 16.73 (5), 16.78 (1), 16.993 (7), and 20.916 (10) of the statutes,
13the renumbering and amendment of section 16.417 (2) (f) of the statutes, and the
14creation of section 16.417 (2) (f) 2. of the statutes take effect on July 1, 2013, and the
15treatment of sections
19.42 (13) (b), (c), and (cm), 19.45 (11) (a) and (b), 20.865 (1) (c),
16(ci), (i), (ic), (s), and (si), 20.916 (10), 20.923 (4g), (5), (6) (Lm) and (m), (14) (b), (15)
17(b), and (16), 36.09 (1) (e), (i), (j), and (k), 36.15 (2), 36.30, 36.52, 40.02 (30), 111.335
18(1) (cv), 111.81 (7) (ar) and (at), 111.815 (1) and (2), 111.825 (1r), (1t), (2) (a), (b), (c),
19(f), (g), (h), and (i), (3), (4), (6), and (7), 111.83 (5) (a), (b), and (c), 111.84 (2) (c), 111.91
20(4), 111.93 (2) and (3), 111.935 (2), 230.01 (1), 230.03 (3), (6), (6m), (10h), and (13),
21230.08 (2) (cm), (d), (dm), and (k), 230.10 (2), 230.12 (1) (a) 1. b. and (3) (e) (title) and
221., and 230.34 (1) (ar) of the statutes, the repeal of sections 36.58 (5) and 230.143 (1)
23and (2) of the statutes, the renumbering of sections 111.83 (7) and 111.85 (5) of the
24statutes, the renumbering and amendment of sections 16.417 (2) (f), 111.92 (1) (a),
25and 230.143 (intro.) of the statutes, and the creation of sections 16.417 (2) (f) 2.,

1111.83 (7) (b), 111.85 (5) (b), and 111.92 (1) (a) 2. and 3. of the statutes, and Sections
29152 (1c) of this act
take effect on July 1, 2013 2015.
AB40-ASA1,2365r 3Section 2365r. 2011 Wisconsin Act 166, section 28 (1) is amended to read:
AB40-ASA1,1245,64[2011 Wisconsin Act 166] Section 28 (1) Teaching license. The treatment of
5section 118.19 (14) (a) of the statutes first applies to an application for a teaching
6license received by the department of public instruction on January 1 31, 2014.
AB40-ASA1,2366 7Section 2366. 2011 Wisconsin Act 212, section 13 (1) of the statutes is
8repealed.
AB40-ASA1,9101 9Section 9101. Nonstatutory provisions; Administration.
AB40-ASA1,1245,10 10(1) Transfer of office of justice assistance.
AB40-ASA1,1245,23 11(a) Assets and liabilities. On the effective date of this paragraph, the assets and
12liabilities of the office of justice assistance, except those that are primarily related
13to administering federal homeland security moneys, or to reintegrating American
14Indians who have been incarcerated, as determined by the department of
15administration become the assets and liabilities of the department of justice. On the
16effective date of this paragraph, the assets and liabilities of the office of justice
17assistance that are primarily related to administering federal homeland security
18moneys, and not related to interoperable communications, as determined by the
19department of administration, become the assets and liabilities of the department
20of military affairs. On the effective date of this paragraph, the assets and liabilities
21of the office of justice assistance that are primarily related to the reintegration of
22American Indians who have been incarcerated, as determined by the department of
23administration, become the assets and liabilities of the department of corrections.
AB40-ASA1,1246,12 24(b) Employee transfers. On the effective date of this paragraph, the incumbents
25holding those positions in the department of administration performing duties that

1are primarily related to the office of justice assistance, except those positions
2performing duties that are primarily related to administering federal homeland
3security moneys, or to reintegrating American Indians who have been incarcerated,
4as determined by the department of administration, are transferred to the
5department of justice. On the effective date of this paragraph, the incumbents
6holding those positions that are primarily related to administering federal homeland
7security moneys, and not related to interoperable communications, as determined by
8the department of administration, are transferred to the department of military
9affairs. On the effective date of this paragraph, the incumbents holding those
10positions that are primarily related to reintegrating American Indians who have
11been incarcerated, as determined by the department of administration, are
12transferred to the department of corrections.
AB40-ASA1,1246,19 13(c) Employee status. Employees transferred under paragraph (b ) have all the
14rights and the same status under subchapter V of chapter 111 and chapter 230 of the
15statutes in the department of justice, the department of military affairs, or the
16department of corrections, whichever is applicable, that they enjoyed in the office of
17justice assistance immediately before the transfer. Notwithstanding section 230.28
18(4) of the statutes, no employee so transferred who has attained permanent status
19in class is required to serve a probationary period.
AB40-ASA1,1247,8 20(d) Tangible personal property. On the effective date of this paragraph, all
21tangible personal property, including records, of the office of justice assistance,
22except property that is primarily related to administering federal homeland security
23moneys, or property that is primarily related to reintegrating American Indians who
24have been incarcerated, as determined by the department of administration, is
25transferred to the department of justice. On the effective date of this paragraph, all

1tangible personal property, including records, of the office of justice assistance that
2is primarily related to administering federal homeland security moneys, and not
3related to interoperable communications, as determined by the department of
4administration, is transferred to the department of military affairs. On the effective
5date of this paragraph, all tangible personal property, including records, of the office
6of justice assistance that is primarily related to reintegrating American Indians who
7have been incarcerated, as determined by the department of administration, is
8transferred to the department of corrections.
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