LRB-0705/1
MGD:lmk&jld:rs
2005 - 2006 LEGISLATURE
January 25, 2005 - Introduced by Representatives Bies, Albers, Fields, Gronemus,
Gunderson, Gundrum, Hahn, Hines, Jeskewitz, Krawczyk, LeMahieu,
Musser, Ott, Owens, Van Roy and Vos, cosponsored by Senators A. Lasee and
Kedzie. Referred to Committee on Corrections and the Courts.
AB40,1,3
1An Act to amend 961.55 (5) (intro.), 961.55 (5) (a), 961.55 (5) (b) and 961.55 (5)
2(c); and
to create 961.55 (5) (e) 1. and 961.55 (5) (e) 2. of the statutes;
relating
3to: forfeiture of money derived from a drug crime.
Analysis by the Legislative Reference Bureau
Under current law, a state or local law enforcement agency may acquire certain
property involved in the commission of crime through a forfeiture proceeding, which
is generally initiated after the end of the criminal case to which it relates. In cases
involving illegal drugs, the forfeiture law applies to the drugs themselves, materials
and equipment used to process or package the drugs, vehicles used in connection
with the offense, and property, including money, derived from the commission of the
offense.
The Wisconsin Constitution specifies that the clear proceeds of property
acquired by forfeiture must be deposited in the school fund. The provision of current
law that implements this requirement permits an agency that seizes property that
is later forfeited to retain 50 percent of the proceeds of the sale to cover the costs of
its investigation and prosecution and other costs relating to the forfeiture proceeding
and sale. But if the property seized is money, current law requires that all of the
money be deposited in the school fund.
Under this bill, if money is forfeited in a drug case, the law enforcement agency
that seized the money may retain 70 percent of any amount that does not exceed
$2,000 and 50 percent of any amount in excess of $2,000 to cover the costs of its
investigation and prosecution and other costs relating to the forfeiture proceeding
and sale.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB40, s. 1
1Section
1. 961.55 (5) (intro.) of the statutes is amended to read:
AB40,2,32
961.55
(5) (intro.) When property is forfeited under this chapter, the agency
3whose officer or employee seized the property
may
shall do one of the following:
AB40, s. 2
4Section
2. 961.55 (5) (a) of the statutes is amended to read:
AB40,2,55
961.55
(5) (a) Retain it for official use
;
.
AB40, s. 3
6Section
3. 961.55 (5) (b) of the statutes is amended to read:
AB40,2,157
961.55
(5) (b) Sell that which is not required to be destroyed by law and which
8is not harmful to the public. The agency may use
50%
50 percent of the amount
9received for payment of
all proper expenses of the proceedings for forfeiture
and sale,
10including expenses
of seizure, maintenance of custody, advertising and court costs
11and the costs of investigation and prosecution reasonably incurred. The remainder
12shall be deposited in the school fund as proceeds of the forfeiture.
In this paragraph,
13"forfeiture expenses" include all proper expenses of the proceedings for forfeiture and
14sale, including expenses of seizure, maintenance of custody, advertising, and court
15costs and the costs of investigation and prosecution reasonably incurred.
AB40,2,18
16(e) If the property forfeited is money,
all the money shall be deposited retain
17the sum of all of the following for payment of forfeiture expenses, as defined in par.
18(b), and deposit the remainder in the school fund
;
:
AB40, s. 4
19Section
4. 961.55 (5) (c) of the statutes is amended to read:
AB40,3,3
1961.55
(5) (c) Require the sheriff of the county in which the property was seized
2to take custody of the property and remove it for disposition in accordance with law
;
3or.
AB40, s. 5
4Section
5. 961.55 (5) (e) 1. of the statutes is created to read:
AB40,3,65
961.55
(5) (e) 1. If the amount of money does not exceed $2,000, 70 percent of
6that amount.
AB40, s. 6
7Section
6. 961.55 (5) (e) 2. of the statutes is created to read:
AB40,3,88
961.55
(5) (e) 2. Fifty percent of any amount seized in excess of $2,000.
