AB150: Bill Text Engrossed

AB150-engrossed, s. 7245m Section 7245m. 967.052 of the statutes is created to read:

AB150-engrossed,2459,19 967.052 Prosecution of certain misdemeanor offenses; restriction on penalty. (1) (a) Except as provided in sub. (2), if a prosecutor decides to charge a person with a misdemeanor offense that is punishable by imprisonment and s. 939.615 (1) applies to the offense and to the person to be charged with the offense, the complaint shall specify that the penalty for the offense is the fine and any penalties, other than imprisonment, authorized by law for the offense.

AB150-engrossed,2459,23 (b) If a prosecutor decides to charge a person with a misdemeanor offense that is punishable by imprisonment and s. 939.615 (1) does not apply to the person to be charged with the offense because he or she has previously been convicted of any state or federal crime, the complaint shall include all of the following:

AB150-engrossed,2459,25 1. A statement specifying the penalties, including imprisonment, authorized by law for the offense.

AB150-engrossed,2460,2 2. An allegation that s. 939.615 (1) does not apply to the defendant because he or she has previously been convicted of a state or federal crime.

AB150-engrossed,2460,6 (2) Notwithstanding s. 939.615 (1), a prosecutor may seek imprisonment authorized by law in a case in which s. 939.615 (1) applies to the offense and to the person to be charged if the prosecutor specifies in the complaint the penalties, including imprisonment, authorized by law for the offense.

AB150-engrossed,2460,13 (3) If, after filing a complaint under sub. (1) (a), a prosecutor decides to seek imprisonment authorized by law for the offense charged, he or she may move to dismiss the complaint filed under sub. (1) (a). The court shall grant a motion to dismiss under this subsection if jeopardy has not attached in the case. If a motion to dismiss under this subsection is granted, the prosecutor may file a new complaint under sub. (2). A prosecutor may not seek imprisonment for an offense charged in a complaint filed under sub. (1) (a) by amending the complaint.

AB150-engrossed, s. 7245mm Section 7245mm. 967.055 (2) (a) of the statutes is amended to read:

AB150-engrossed,2461,6 967.055 (2) (a) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss or amend a charge under s. 346.63 (1) or (5) or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle or an improper refusal under s. 343.305, the prosecutor shall apply to the court. The application shall state the reasons for the proposed amendment or dismissal. The court may approve the application only if the court finds that the proposed amendment or dismissal is consistent with the public's interest in deterring the operation of motor vehicles by persons who are under the influence of an intoxicant, a controlled substance or both, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving, or in deterring the operation of commercial motor vehicles by persons with an alcohol concentration of 0.04 or more. The court may not approve an application to amend the vehicle classification from a commercial motor vehicle to a noncommercial motor vehicle unless there is evidence in the record that the motor vehicle being operated by the defendant at the time of his or her arrest was not a commercial motor vehicle.

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

AB150-engrossed,2461,12 967.08 (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-engrossed, s. 7246r Section 7246r. 969.01 (2) (a) of the statutes is amended to read:

AB150-engrossed,2461,16 969.01 (2) (a) Release pursuant to s. 969.02 or 969.03 may be allowed in the discretion of the trial court after conviction and prior to sentencing or the granting of probation or community supervision.

AB150-engrossed, s. 7246s Section 7246s. 969.01 (4) of the statutes is amended to read:

AB150-engrossed,2462,10 969.01 (4) Considerations in setting conditions of release. If bail is imposed, it shall be only in the amount found necessary to assure the appearance of the defendant. Conditions of release, other than monetary conditions, may be imposed for the purpose of protecting members of the community from serious bodily harm or preventing intimidation of witnesses. Proper considerations in determining whether to release the defendant without bail, fixing a reasonable amount of bail or imposing other reasonable conditions of release are: the ability of the arrested person to give bail, the nature, number and gravity of the offenses and the potential penalty the defendant faces, whether the alleged acts were violent in nature, the defendant's prior criminal record, if any, the character, health, residence and reputation of the defendant, the character and strength of the evidence which has been presented to the judge, whether the defendant is currently on probation, community supervision or parole, whether the defendant is already on bail or subject to other release conditions in other pending cases, whether the defendant has been bound over for trial after a preliminary examination, whether the defendant has in the past forfeited bail or violated a condition of release or was a fugitive from justice at the time of arrest, and the policy against unnecessary detention of the defendant's pending trial.

AB150-engrossed, s. 7246t Section 7246t. 969.03 (3) of the statutes is amended to read:

AB150-engrossed,2462,16 969.03 (3) Once bail has been given and a charge is pending or is thereafter filed or transferred to another court, the latter court shall continue the original bail in that court subject to s. 969.08. A single bond form shall be utilized for all stages of the proceedings through conviction and sentencing or the granting of probation or community supervision.

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

AB150-engrossed,2463,3 970.01 (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-engrossed, s. 7247m Section 7247m. 970.02 (1) (a) of the statutes is amended to read:

AB150-engrossed,2463,9 970.02 (1) (a) Of the charge against the defendant and shall furnish the defendant with a copy of the complaint which, subject to s. 967.052 (1) and (2), shall contain the possible penalties for the offenses set forth therein in the complaint. In the case of a felony, the judge shall also inform the defendant of the penalties for the felony with which the defendant is charged.

AB150-engrossed, s. 7247t Section 7247t. 971.165 (2) of the statutes is amended to read:

AB150-engrossed,2463,19 971.165 (2) If the plea of not guilty by reason of mental disease or defect is tried to a jury, the court shall inform the jury that the effect of a verdict of not guilty by reason of mental disease or defect is that, in lieu of criminal sentence or, probation or community supervision, the defendant will be committed to the custody of the department of health and social services and will be placed in an appropriate institution unless the court determines that the defendant would not pose a danger to himself or herself or to others if released under conditions ordered by the court. No verdict on the plea of not guilty by reason of mental disease or defect may be valid or received unless agreed to by at least five-sixths of the jurors.

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

AB150-engrossed,2464,2 971.23 (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-engrossed, s. 7249m Section 7249m. 971.29 (2m) of the statutes is created to read:

AB150-engrossed,2464,5 971.29 (2m) Amendment of a complaint filed under s. 967.052 (1) (a) is subject to the restriction provided in s. 967.052 (3).

AB150-engrossed, s. 7249s Section 7249s. 972.13 (7) of the statutes is amended to read:

AB150-engrossed,2464,10 972.13 (7) The department shall prescribe and furnish forms to the clerk of each county for use as judgments in cases where a defendant is placed on probation or community supervision or committed to the custody of the department pursuant to chs. 967 to 979.

AB150-engrossed, s. 7249t Section 7249t. 972.15 (5) (intro.) of the statutes is amended to read:

AB150-engrossed,2464,20 972.15 (5) (intro.) The department may use the presentence investigation report for correctional programming, parole consideration or care and treatment of any person sentenced to imprisonment or the intensive sanctions program, placed on probation or community supervision, released on parole or committed to the department under ch. 51 or 971 or any other person in the custody of the department or for research purposes. The department may make the report available to other agencies or persons to use for purposes related to correctional programming, parole consideration, care and treatment, or research. Any use of the report under this subsection is subject to the following conditions:

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

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

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

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

AB150-engrossed,2465,16 973.013 (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 or a secured child caring institution, 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 or a secured child caring institution. Section 302.11 and ch. 304 apply to all persons placed in a secured juvenile correctional facility or a secured child caring institution under this subsection.

AB150-engrossed, s. 7253m Section 7253m. 973.015 (2) of the statutes is amended to read:

AB150-engrossed,2465,25 973.015 (2) A person has successfully completed the sentence if the person has not been convicted of a subsequent offense and, if on probation, the probation has not been revoked and the probationer has satisfied the conditions of probation. If the person is on community supervision, the person has successfully completed the sentence if he or she has satisfied the conditions of community supervision. Upon successful completion of the sentence the detaining or probationary or supervising authority shall issue a certificate of discharge which shall be forwarded to the court of record and which shall have the effect of expunging the record.

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

AB150-engrossed,2466,9 973.032 (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-engrossed, s. 7255am Section 7255am. 973.045 (1) (intro.) of the statutes is amended to read:

AB150-engrossed,2466,13 973.045 (1) (intro.) On or after October 1, 1983, if a court imposes a sentence or places a person on probation or community supervision, the court shall impose a crime victim and witness assistance surcharge calculated as follows:

AB150-engrossed, s. 7255jm Section 7255jm. 973.046 (1) (intro.) of the statutes is amended to read:

AB150-engrossed,2466,18 973.046 (1) (intro.) Beginning on August 12, 1993, if a court imposes a sentence or places a person on probation or community supervision under any of the following circumstances, the court shall impose a deoxyribonucleic acid analysis surcharge of $250:

AB150-engrossed, s. 7255sm Section 7255sm. 973.047 (1) (b) of the statutes is amended to read:

AB150-engrossed,2467,2 973.047 (1) (b) Except as provided in par. (a), if a court imposes a sentence or places a person on probation or community supervision for any violation under chs. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. The court may require the person to comply with the reporting requirements under s. 175.45 if the court determines that the underlying conduct was seriously sexually assaultive in nature and that it would be in the interest of public protection to have the person report under s. 175.45.

AB150-engrossed, s. 7255tg Section 7255tg. 973.05 (2) of the statutes is amended to read:

AB150-engrossed,2468,6 973.05 (2) When a defendant is sentenced to pay a fine and is also placed on probation or community supervision, the court may make the payment of the fine, the penalty assessment, the jail assessment, the crime victim and witness assistance surcharge, any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse program improvement surcharge, any applicable domestic abuse assessment, any applicable uninsured employer assessment, any applicable driver improvement surcharge, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment and any applicable natural resources restitution payments a condition of probation or community supervision. When the payments are made a condition of probation or community supervision by the court, payments thereon shall be applied first to payment of the penalty assessment until paid in full, shall then be applied to the payment of the jail assessment until paid in full, shall then be applied to the payment of part A of the crime victim and witness assistance surcharge until paid in full, shall then be applied to part B of the crime victim and witness assistance surcharge until paid in full, shall then be applied to the deoxyribonucleic acid analysis surcharge until paid in full, shall then be applied to the drug abuse improvement surcharge until paid in full, shall then be applied to payment of the driver improvement surcharge until paid in full, shall then be applied to payment of the domestic abuse assessment until paid in full, shall then be applied to payment of the natural resources assessment if applicable until paid in full, shall then be applied to payment of the natural resources restitution payment until paid in full, shall then be applied to the payment of the environmental assessment if applicable until paid in full, shall then be applied to the payment of the wild animal protection assessment if applicable until paid in full, shall then be applied to payment of the weapons assessment until paid in full, shall then be applied to payment of the uninsured employer assessment until paid in full and shall then be applied to payment of the fine.

AB150-engrossed, s. 7255tm Section 7255tm. 973.055 (1) (intro.) of the statutes is amended to read:

AB150-engrossed,2468,11 973.055 (1) (intro.) If a court imposes a sentence on an adult person or places an adult person on probation or community supervision, regardless of whether any fine is imposed, the court shall impose a domestic abuse assessment of $50 for each offense if:

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

AB150-engrossed,2468,15 973.055 (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-engrossed, s. 7257 Section 7257. 973.06 (1) (e) of the statutes is amended to read:

AB150-engrossed,2468,20 973.06 (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-engrossed, s. 7257j Section 7257j. 973.09 (1) (a) of the statutes is amended to read:

AB150-engrossed,2469,6 973.09 (1) (a) Except as provided in par. (c) or s. 939.615 (2m) or if probation is prohibited for a particular offense by statute, if a person is convicted of a crime, the court, by order, may withhold sentence or impose sentence under s. 973.15 and stay its execution, and in either case place the person on probation to the department for a stated period, stating in the order the reasons therefor. The court may impose any conditions which appear to be reasonable and appropriate. The period of probation may be made consecutive to a sentence on a different charge, whether imposed at the same time or previously. If the court imposes an increased term of probation, as authorized under sub. (2) (a) 2. or (b) 2., it shall place its reasons for doing so on the record.

AB150-engrossed, s. 7257k Section 7257k. 973.095 of the statutes is created to read:

AB150-engrossed,2469,13 973.095 Community supervision. (1) If a person is convicted of a misdemeanor to which s. 939.615 (1) applies, a court may impose sentence, impose sentence and stay its execution or withhold sentence and, in any case, may place the person on community supervision to the department for a stated period not exceeding one year. A person placed on community supervision under this subsection shall be monitored by a probation and parole agent of the department.

AB150-engrossed,2469,15 (2) A court may impose one or more of the following conditions when placing a person on community supervision under sub. (1):

AB150-engrossed,2469,16 (a) Payment of any fine and any assessments, surcharges, costs or fees imposed.

AB150-engrossed,2469,17 (b) Community service, as provided under sub. (3).

AB150-engrossed,2469,18 (c) Restitution, as provided under sub. (5).

AB150-engrossed,2469,19 (d) Alcohol and other drug abuse counseling, as provided under sub. (6).

AB150-engrossed,2470,3 (3) (a) The court may require as a condition of community supervision that the person placed on community supervision perform community service work for a public agency or a nonprofit charitable organization. The number of hours of work required may not exceed what would be reasonable considering the seriousness of the offense. An order may only apply if agreed to by the person placed on community supervision and the organization or agency. The court shall ensure that the person placed on community supervision is provided a written statement of the terms of the community service order and that the community service order is monitored by the department.

AB150-engrossed,2470,7 (b) Any organization or agency acting in good faith to which a person placed on community supervision is assigned under an order under this subsection has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the person placed on community supervision.

AB150-engrossed,2470,15 (4) (a) If the court does not order community supervision under sub. (3), the department may order that a person placed on community supervision perform community service work for a public agency or a nonprofit charitable organization. An order may apply only if agreed to by the person placed on community supervision and the organization or agency. The department shall ensure that the person placed on community supervision is provided a written statement of the terms of the community service order and shall monitor the person's compliance with the community service order.

AB150-engrossed,2470,21 (b) Any organization or agency acting in good faith to which a person placed on community supervision is assigned under an order under this subsection has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the person placed on community supervision. The department has immunity from any civil liability for acts or omissions by or impacting on the person placed on community supervision regarding the assignment under this subsection.

AB150-engrossed,2471,3 (5) (a) If the court places the person on community supervision, the court shall order the person to pay restitution under s. 973.20 unless the court finds there is substantial reason not to order restitution as a condition of community supervision. If the court does not require restitution to be paid to a victim, the court shall state its reason on the record. If the court does require restitution, it shall notify the department of justice of its decision if the victim may be eligible for compensation under ch. 949.

AB150-engrossed,2471,15 (b) The department shall notify the sentencing court, any person to whom unpaid restitution is owed and the district attorney of the status of the ordered payments unpaid at least 90 days before the community supervision expiration date. If payment as ordered has not been made, the court shall issue a judgment for the unpaid restitution and direct the clerk to file and docket a transcript of the judgment, without fee, unless it finds that the victim has already recovered a judgment against the person placed on community supervision for the damages covered by the restitution order. If the court issues a judgment for the unpaid restitution, the court shall send to the person placed on community supervision and the victim at his or her last-known address written notification that a civil judgment has been issued for the unpaid restitution. The judgment has the same force and effect as judgments docketed under s. 806.10.

AB150-engrossed,2471,21 (6) The court may order a person placed on community supervision to submit to and comply with an assessment by a treatment facility approved by the court for examination of the person's use of alcohol or other drugs and, if necessary, development of an alcohol or other drug abuse treatment plan for the person. The court may require the person placed on community supervision to pay the reasonable costs of an assessment and treatment ordered under this subsection.

AB150-engrossed,2472,3 (7) If the court has not ordered an assessment and treatment under sub. (6), the department may order a person placed on community supervision to submit to and comply with an assessment by a treatment facility approved by the department for examination of the person's use of alcohol or other drugs and, if necessary, development of an alcohol or other drug abuse treatment plan for the person. The department may require the person placed on community supervision to pay the reasonable costs of an assessment and treatment ordered under this subsection.

AB150-engrossed,2472,7 (8) When the person placed on community supervision has satisfied the conditions of his or her community supervision, the person placed on community supervision shall be discharged and the department shall issue the person a certificate of final discharge, a copy of which shall be filed with the clerk.

AB150-engrossed,2472,11 (9) A person who violates or fails to comply with community supervision ordered under sub. (1) may be proceeded against for contempt of court under ch. 785, except that a court may impose only the remedial sanctions specified in s. 785.04 (1) against that person.

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

AB150-engrossed,2472,14 973.135 (title) Courts to report convictions to the state superintendent department of public instruction education.

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

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

AB150-engrossed,2472,17 973.135 (1) (a) "Department" means the department of education.

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

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

AB150-engrossed,2472,25 973.135 (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-engrossed, s. 7263 Section 7263. 973.135 (3) of the statutes is amended to read:

AB150-engrossed,2473,4 973.135 (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-engrossed, s. 7263bd Section 7263bd. 973.20 (1) of the statutes is amended to read:

AB150-engrossed,2473,16 973.20 (1) When imposing sentence or ordering probation or community supervision for any crime, the court, in addition to any other penalty authorized by law, shall order the defendant to make full or partial restitution under this section to any victim of the crime or, if the victim is deceased, to his or her estate, unless the court finds substantial reason not to do so and states the reason on the record. Restitution ordered under this section is a condition of probation , community supervision or parole served by the defendant for the crime. After the termination of probation, community supervision or parole, or if the defendant is not placed on probation, community supervision or parole, restitution ordered under this section is enforceable in the same manner as a judgment in a civil action by the victim named in the order to receive restitution or enforced under ch. 785.

AB150-engrossed, s. 7263be Section 7263be. 973.20 (10) of the statutes is amended to read:

AB150-engrossed,2473,24 973.20 (10) The court may require that restitution be paid immediately, within a specified period or in specified instalments. If the defendant is placed on probation or community supervision or sentenced to imprisonment, the end of a specified period shall not be later than the end of any period of probation, community supervision or parole. If the defendant is sentenced to the intensive sanctions program, the end of a specified period shall not be later than the end of the sentence under s. 973.032 (3) (a).

AB150-engrossed, s. 7263bf Section 7263bf. 973.20 (11) (a) of the statutes is amended to read:

AB150-engrossed,2474,10 973.20 (11) (a) Except as otherwise provided in this paragraph, the restitution order shall require the defendant to deliver the amount of money or property due as restitution to the department for transfer to the victim or other person to be compensated by a restitution order under this section. If the defendant is not placed on probation or community supervision or sentenced to prison, the court may order that restitution be paid to the clerk of court for transfer to the appropriate person. The court shall require the defendant to pay a surcharge equal to 5% of the total amount of any restitution, costs and attorney fees and any fines and related payments ordered under s. 973.05 (1) to the department or clerk of court for administrative expenses under this section.