AB150: Bill Text

AB150, s. 7242 Section 7242. 948.60 (title), (2) and (3) of the statutes are amended to read:

AB150,2331,22 948.60 (title) Possession of a dangerous weapon by a child person under 18.

AB150,2331,24 (2) (a) Any child person under 18 years of age who possesses or goes armed with a dangerous weapon is guilty of a Class A misdemeanor.

AB150,2332,3 (b) Except as provided in par. (c), any person who intentionally sells, loans or gives a dangerous weapon to a child person under 18 years of age is guilty of a Class E felony.

AB150,2332,6 (c) Whoever violates par. (b) is guilty of a Class D felony if the child person under 18 years of age under par. (b) discharges the firearm and the discharge causes death to himself, herself or another.

AB150,2332,8 (d) A child person under 17 years of age who has violated this subsection is subject to the provisions of ch. 48 unless jurisdiction is waived under s. 48.18

AB150,2332,16 (3) (a) This section does not apply to a child person under 18 years of age who possesses or is armed with a dangerous weapon when the dangerous weapon is being used in target practice under the supervision of an adult or in a course of instruction in the traditional and proper use of the dangerous weapon under the supervision of an adult. This section does not apply to an adult who transfers a dangerous weapon to a child person under 18 years of age for use only in target practice under the adult's supervision or in a course of instruction in the traditional and proper use of the dangerous weapon under the adult's supervision.

AB150,2332,21 (b) This section does not apply to a child person under 18 years of age who is a member of the armed forces or national guard and who possesses or is armed with a dangerous weapon in the line of duty. This section does not apply to an adult who is a member of the armed forces or national guard and who transfers a dangerous weapon to a child person under 18 years of age in the line of duty.

AB150,2333,2 (c) This section does not apply to a child person under 18 years of age who possesses or is armed with a firearm having a barrel 12 inches in length or longer and who is in compliance with ss. 29.226 and 29.227. This section does not apply to an adult who transfers a firearm having a barrel 12 inches in length or longer to a child person under 18 years of age who is in compliance with ss. 29.226 and 29.227.

AB150, s. 7243 Section 7243. 948.61 (4) of the statutes is amended to read:

AB150,2333,5 948.61 (4) A child person under 17 years of age who has violated this section is subject to the provisions of ch. 48, unless jurisdiction is waived under s. 48.18.

AB150, s. 7244 Section 7244. 951.01 (4) of the statutes is amended to read:

AB150,2333,9 951.01 (4) "Law enforcement officer" has the meaning assigned under s. 967.02 (5) and includes a humane officer under s. 58.07 but does not include a conservation warden appointed under s. 23.10 or a state park ranger appointed under s. 27.92.

AB150, s. 7245 Section 7245. 967.02 (2) of the statutes is amended to read:

AB150,2333,12 967.02 (2) "Department" means the department of corrections, except as provided in s. ss. 973.135 (1) (a) and 975.001.

AB150, s. 7246 Section 7246. 967.08 (2) (intro.) of the statutes is amended to read:

AB150,2333,18 967.08 (2) (intro.) The court may permit the following proceedings to be conducted under sub. (1) with the consent of the defendant on the request of either party. The defendant's consent and any request and the opposing party's showing of good cause for not conducting the proceeding under sub. (1) may be made by telephone.

AB150, s. 7247 Section 7247. 970.01 (1) of the statutes is amended to read:

AB150,2334,5 970.01 (1) Any person who is arrested shall be taken within a reasonable time before a judge in the county in which the offense was alleged to have been committed. The person may waive physical appearance and request that the initial appearance may be conducted on the record by telephone or live audiovisual means under s. 967.08. If the initial appearance is conducted by telephone or live audiovisual means, the person may waive physical appearance. Waiver of physical appearance shall be placed on the record of the initial appearance and does not waive other grounds for challenging the court's personal jurisdiction. If the person does not waive physical appearance, conducting the initial appearance by telephone or live audiovisual means under s. 967.08 does not waive any grounds that the person has for challenging the court's personal jurisdiction.

AB150, s. 7248 Section 7248. 971.11 (1) of the statutes is amended to read:

AB150,2334,15 971.11 (1) Whenever the warden or superintendent receives notice of an untried criminal case pending in this state against an inmate of a state prison, the warden or superintendent shall, at the request of the inmate, send by certified mail a written request to the district attorney for prompt disposition of the case. The request shall state the sentence then being served, the date of parole eligibility, if applicable, the approximate discharge or conditional release date, and prior decision relating to parole. If there has been no preliminary examination on the pending case, the request shall state whether the inmate waives such examination, and, if so, shall be accompanied by a written waiver signed by the inmate.

AB150, s. 7249 Section 7249. 971.23 (10) of the statutes is created to read:

AB150,2334,23 971.23 (10) Payment of photocopy costs in cases involving indigent defendants. When the state public defender or a private attorney appointed under s. 977.08 requests photocopies of any item that is discoverable under this section, the state public defender shall pay any fee charged for the photocopies from the appropriation under s. 20.550 (1) (a). If the person providing photocopies under this section charges the state public defender a fee for the photocopies, the fee may not exceed the actual, necessary and direct cost of photocopying.

AB150, s. 7250 Section 7250. 973.01 of the statutes is repealed.

AB150, s. 7251 Section 7251. 973.011 of the statutes is repealed.

AB150, s. 7252 Section 7252. 973.012 of the statutes is repealed.

AB150, s. 7253 Section 7253. 973.013 (3m) of the statutes is amended to read:

AB150,2335,17 973.013 (3m) If a person who has not attained the age of 16 years is sentenced to the Wisconsin state prisons, the department of corrections shall place the person at a secured juvenile correctional facility, unless the department of health and social services, after consultation with the department of corrections , determines that placement in an institution under s. 302.01 is appropriate based on the person's prior record of adjustment in a correctional setting, if any; the person's present and potential vocational and educational needs, interests and abilities; the adequacy and suitability of available facilities; the services and procedures available for treatment of the person within the various institutions; the protection of the public; and any other considerations promulgated by the department of health and social services corrections by rule. This subsection does not preclude the department of corrections from designating an adult correctional institution as a reception center for the person and subsequently transferring the person to a secured juvenile correctional facility. Section 302.11 and ch. 304 apply to all persons placed in a secured juvenile correctional facility under this subsection.

AB150, s. 7254 Section 7254. 973.014 (1) (c) of the statutes is created to read:

AB150,2335,21 973.014 (1) (c) The person is not eligible for parole. This paragraph applies only if the court sentences a person for a crime committed on or after the effective date of this paragraph .... [revisor inserts date].

AB150, s. 7255 Section 7255. 973.032 (2) (a) of the statutes is amended to read:

AB150,2336,5 973.032 (2) (a) A court may sentence a person under sub. (1) if the department provides a presentence investigation report recommending that the person be sentenced to the program. If the department does not make the recommendation, a court may order the department to assess and evaluate the person. After that assessment and evaluation, the court may sentence the person to the program unless the department objects on the ground that the presumptively appropriate sentence under the sentencing guideline matrices is it recommends that the person be placed on probation.

AB150, s. 7256 Section 7256. 973.055 (3) of the statutes is amended to read:

AB150,2336,9 973.055 (3) All moneys collected from domestic abuse assessments shall be deposited by the state treasurer in s. 20.435 (7) (1) (hh) and utilized in accordance with s. 46.95.

AB150, s. 7257 Section 7257. 973.06 (1) (e) of the statutes is amended to read:

AB150,2336,14 973.06 (1) (e) Attorney fees payable to the defense attorney by the county or the state. If the court determines at the time of sentencing that the defendant's financial circumstances are changed, the court may adjust the amount in accordance with s. 977.07 (1) (a) and (2) (a).

AB150, s. 7258 Section 7258. 973.135 (title) of the statutes is amended to read:

AB150,2336,17 973.135 (title) Courts to report convictions to the state superintendent department of public instruction education.

AB150, s. 7259 Section 7259. 973.135 (1) (a) of the statutes is renumbered 973.135 (1) (am).

AB150, s. 7260 Section 7260. 973.135 (1) (a) of the statutes is created to read:

AB150,2336,20 973.135 (1) (a) "Department" means the department of education.

AB150, s. 7261 Section 7261. 973.135 (1) (b) of the statutes is repealed.

AB150, s. 7262 Section 7262. 973.135 (2) of the statutes is amended to read:

AB150,2337,3 973.135 (2) If a court determines that a person convicted of a crime specified in ch. 948, including a crime specified in s. 948.015, a felony for which the maximum term of imprisonment is at least 5 years, 4th degree sexual assault under s. 940.225 (3m) or a crime in which the victim was a child, is employed by an educational agency, the clerk of the court in which such conviction occurred shall promptly forward to the state superintendent department the record of conviction.

AB150, s. 7263 Section 7263. 973.135 (3) of the statutes is amended to read:

AB150,2337,7 973.135 (3) If a conviction under sub. (2) is reversed, set aside or vacated, the clerk of the court shall promptly forward to the state superintendent department a certificate stating that the conviction has been reversed, set aside or vacated.

AB150, s. 7264 Section 7264. 977.05 (4) (i) 7. of the statutes is repealed.

AB150, s. 7265 Section 7265. 977.05 (4) (j) of the statutes is amended to read:

AB150,2337,16 977.05 (4) (j) At the request of any person determined by the state public defender to be indigent or upon referral of any court, prosecute a writ of error, appeal, action or proceeding for habeas corpus or other postconviction or post-commitment remedy or attack the conditions of confinement on behalf of the person before any court, if the state public defender determines the case should be pursued. The state public defender must pursue the case of any indigent person entitled to counsel under s. 971.17 (7) (b) 1. or 980.03 (2) (a).

AB150, s. 7266 Section 7266. 977.05 (6) (title) of the statutes is amended to read:

AB150,2337,18 977.05 (6) (title) Restriction Restrictions.

AB150, s. 7267 Section 7267. 977.05 (6) of the statutes is renumbered 977.05 (6) (a) and amended to read:

AB150,2337,24 977.05 (6) (a) The state public defender shall may not provide legal services or assign counsel for cases involving a person subject to contempt of court proceedings involving the alleged failure of the person to pay a forfeiture to a county or municipality.

AB150, s. 7268 Section 7268. 977.05 (6) (b) of the statutes is created to read:

AB150,2338,3 977.05 (6) (b) The state public defender may not provide legal services or assign counsel for a person subject to contempt of court proceedings under s. 767.30 or 767.305 for failure to pay child or family support, if any of the following applies:

AB150,2338,5 1. The action is not brought by the state, its delegate under s. 59.458 (1) or an attorney appointed under s. 767.045 (1) (c).

AB150,2338,8 2. The judge or family court commissioner before whom the proceedings shall be held certifies to the state public defender that the person will not be incarcerated if he or she is found in contempt of court.

AB150, s. 7269 Section 7269. 977.06 of the statutes is created to read:

AB150,2338,12 977.06 Indigency determinations; redeterminations; verification; collection. (1) Duties. The public defender shall determine whether persons are indigent and shall establish a system to do all of the following:

AB150,2338,14 (a) Verify the information regarding assets, income and expenses and income specified under s. 977.07 (2).

AB150,2338,16 (b) Redetermine indigency during the course of representation of persons receiving representation.

AB150,2338,18 (c) Record the amount of time spent on each case by the attorney appointed under s. 977.08.

AB150,2338,21 (d) Collect for the cost of representation from persons who are indigent in part or who have been otherwise determined to be able to reimburse the state public defender for the cost of providing counsel.

AB150, s. 7270 Section 7270. 977.06 (2) (title) of the statutes is created to read:

AB150,2338,23 977.06 (2) (title) Verifications.

AB150, s. 7271 Section 7271. 977.06 (3) (title) of the statutes is created to read:

AB150,2338,25 977.06 (3) (title) Redeterminations.

AB150, s. 7272 Section 7272. 977.06 (4) (title) of the statutes is created to read:

AB150,2339,2 977.06 (4) (title) Oversight.

AB150, s. 7273 Section 7273. 977.07 (2) (a) of the statutes is renumbered 977.07 (2) and amended to read:

AB150,2340,18 977.07 (2) The representative of the state public defender or the authority for indigency determinations specified under sub. (1) making a determination of indigency shall ascertain the assets of the person which exceed the amount needed for the payment of reasonable and necessary expenses incurred, or which must be incurred to support the person and the person's immediate family. The assets shall include disposable income, cash in hand, stocks and bonds, bank accounts and other property which can be converted to cash within a reasonable period of time and is not needed to hold a job, or to shelter, clothe and care for the person and the person's immediate family. Assets which cannot be converted to cash within a reasonable period of time, such as a person's home, car, household furnishings, clothing and other property which has been declared exempt from attachment or execution by law, shall be calculated to be assets equivalent in dollars to the amount of the loan which could be, in fact, raised by using these assets as collateral. Assets also include any money expended by the person to post bond to obtain release regarding the current alleged offense. If the person's assets, less reasonable and necessary living expenses, are not sufficient to cover the anticipated cost of effective representation when the length and complexity of the anticipated proceedings are taken fully into account, the person shall be determined to be indigent in full or in part. The determination of the ability of the person to contribute to the cost of legal services shall be based upon specific written standards relating to income, assets and the anticipated cost of representation. If found to be indigent in full or in part, the person shall be promptly informed of the state's right to payment or recoupment under s. 48.275 (2), 757.66 or 973.06 (1) (e), and the possibility that the payment of attorney fees may be made a condition of probation, should the person be placed on probation. Furthermore, if found to be indigent in part, the person shall be promptly informed of the extent to which he or she will be expected to pay for counsel, and whether the payment shall be in the form of a lump sum payment or periodic payments. The person shall be informed that the payment amount may be adjusted if his or her financial circumstances change by the time of sentencing. The payment and payment schedule shall be set forth in writing. Payments for services of the state public defender or other counsel provided under this chapter made pursuant to this subsection shall be paid to the state public defender for deposit in the state treasury and credited to the appropriation under s. 20.550 (1) (ja) (L). Under this subsection, reasonable and necessary living expenses equal the applicable payment amount under s. 49.19 (11) (a) 1. plus other specified, emergency or essential costs. The representative or authority making the determination of indigency shall consider any assets of the spouse of the person claiming to be indigent as if they were assets of the person, unless the spouse was the victim of a crime allegedly committed by the person.

AB150, s. 7274 Section 7274. 977.07 (2) (b) of the statutes is renumbered 977.06 (3) and amended to read:

AB150,2340,25 977.06 (3) Unless the court has made an adjustment under s. 973.06 (1) (e), upon determination at the conclusion of a case that a person's financial circumstances are changed, the state public defender may shall adjust the amount of payment for counsel under par. (a) s. 977.07 (2) in accordance with par. (a) and sub. s. 977.07 (1) (a) and (2).

AB150, s. 7275 Section 7275. 977.07 (2) (c) of the statutes is renumbered 977.06 (2) (a) and amended to read:

AB150,2341,11 977.06 (2) (a) A person seeking to have counsel assigned for him or her under s. 977.08, other than a child who is entitled to be represented by counsel under s. 48.23, shall sign a statement declaring that he or she has not disposed of any assets for the purpose of qualifying for that assignment of counsel. If the representative or authority making the indigency determination finds that any asset was disposed of for less than its fair market value for the purpose of obtaining that assignment of counsel, the asset shall be counted under par. (a) s. 977.07 (2) at its fair market value at the time it was disposed of, minus the amount of compensation received for the asset.

AB150, s. 7276 Section 7276. 977.07 (2) (d) of the statutes is renumbered 977.06 (2) (b).

AB150, s. 7277 Section 7277. 977.07 (3) of the statutes is renumbered 977.06 (4) (a).

AB150, s. 7278 Section 7278. 977.07 (3m) (a) (intro.) of the statutes is renumbered 977.06 (4) (b) (intro.) and amended to read:

AB150,2341,19 977.06 (4) (b) (intro.) The state public defender shall promptly release a copy of any statement, affidavit or other information provided by a person regarding financial eligibility under this section s. 977.07 only if the state public defender or a circuit court finds all of the following:

AB150, s. 7279 Section 7279. 977.07 (3m) (a) 1. of the statutes is renumbered 977.06 (4) (b) 1.

AB150, s. 7280 Section 7280. 977.07 (3m) (a) 2. of the statutes is renumbered 977.06 (4) (b) 2.

AB150, s. 7281 Section 7281. 977.07 (3m) (b) of the statutes is renumbered 977.06 (4) (c) and amended to read:

AB150,2342,3 977.06 (4) (c) Paragraph (a) (b) does not limit the authority of the state public defender to release a copy of the statement, affidavit or other information under other circumstances.

AB150, s. 7282 Section 7282. 977.08 (2) (f) of the statutes is repealed.

AB150, s. 7283 Section 7283. 977.08 (2) (h) of the statutes is repealed.

AB150, s. 7284 Section 7284. 977.08 (3) (f) of the statutes is amended to read:

AB150,2342,17 977.08 (3) (f) Beginning on October 1, 1993, the state public defender may shall enter into as many annual contracts as possible with private local attorneys or law firms for the provision of legal representation in cases involving the operation of a vehicle. Under any such contract, the state public defender shall assign cases without regard to pars. (c) and (d), shall set a fixed-fee total amount for all cases handled and shall pay the that amount specified in the contract, which shall not exceed the amount, except that the state public defender may not pay an attorney more for a case than he or she would receive according to the rates under sub. (4m). The contract shall include a procedure authorizing the state public defender to make additional payments for a case or to reassign a case if the circumstances surrounding the case justify the additional payment or reassignment.

AB150, s. 7285 Section 7285. 977.08 (3) (g) of the statutes is created to read:

AB150,2342,21 977.08 (3) (g) The state public defender may appoint an attorney without regard to pars. (c) and (d) based on the state public defender's evaluation of that attorney's performance.