LRB-2317/1
RPN&PJH:wlj:jf
2007 - 2008 LEGISLATURE
August 2, 2007 - Introduced by Representatives Albers, Soletski, Berceau and
Townsend, cosponsored by Senators Hansen, Lehman and Lassa. Referred to
Committee on Judiciary and Ethics.
AB472,1,6
1An Act to repeal 753.40, 755.20, 757.17, 814.75 (4), 814.76 (3), 814.77 (3), 814.78
2(4), 814.79 (3), 814.80 (4), 814.81 (4), 973.06 (1) (f) and 973.09 (1x); and
to
3amend 778.027, 967.057 and 973.11 (1) (b) of the statutes;
relating to:
4prosecution decisions based on certain payments to organizations or agencies
5and eliminating required payment of contribution surcharges to crime
6prevention organizations and funds.
Analysis by the Legislative Reference Bureau
Under current law, a court may require a person who commits a crime or who
violates an ordinance that prohibits conduct that also is punishable under statute
by fine or imprisonment to pay a contribution surcharge to a crime prevention
organization or a law enforcement agency's crime prevention fund. This bill
eliminates this discretion to require payment of the contribution surcharge.
Current law prohibits a prosecutor from dismissing or amending a criminal
charge in exchange for a person's payment of a contribution to a crime prevention
organization or a law enforcement agency's crime prevention fund. Current law
similarly prohibits a prosecutor or any other attorney representing the state or a
local government from dismissing or amending a citation or complaint in a civil case
in exchange for such a payment if the citation or complaint alleges a violation
punishable by a forfeiture. This bill prohibits a prosecutor or any other government
attorney from electing not to commence a criminal prosecution or a civil action based
on a violation punishable by a forfeiture in exchange for a person's payment of money,
other than restitution, to any organization or agency. This bill also extends the scope
of the prohibitions in current law regarding dismissing or amending criminal or civil
charges so that the prohibitions apply in cases involving payments — other than
restitution — to any type of organization or agency, not just those involved in crime
prevention.
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:
AB472, s. 1
1Section
1. 753.40 of the statutes is repealed.
AB472, s. 2
2Section
2. 755.20 of the statutes is repealed.
AB472, s. 3
3Section
3. 757.17 of the statutes is repealed.
AB472, s. 4
4Section
4. 778.027 of the statutes is amended to read:
AB472,2,11
5778.027 Dismissals for Prosecution decisions based on contributions
6to certain organizations or agencies and government attorney conduct. A
7prosecutor or an attorney representing the state or a political subdivision of the state
8may not, in exchange for a person's payment of
a contribution to an money, other
9than restitution, to any organization or agency
specified in s. 973.06 (1) (f) 1., dismiss
10or amend a citation or complaint alleging a violation that provides for a forfeiture
or
11elect not to initiate an action or special proceeding based on such a violation.
AB472, s. 5
12Section
5. 814.75 (4) of the statutes is repealed.
AB472, s. 6
13Section
6. 814.76 (3) of the statutes is repealed.
AB472, s. 7
14Section
7. 814.77 (3) of the statutes is repealed.
AB472, s. 8
15Section
8. 814.78 (4) of the statutes is repealed.
AB472, s. 9
16Section
9. 814.79 (3) of the statutes is repealed.
AB472, s. 10
17Section
10. 814.80 (4) of the statutes is repealed.
AB472, s. 11
18Section
11. 814.81 (4) of the statutes is repealed.
AB472, s. 12
1Section
12. 967.057 of the statutes is amended to read:
AB472,3,6
2967.057 Dismissals for Prosecution decisions based on contributions
3to certain organizations and agencies. A prosecutor may not, in exchange for
4a person's payment of
a contribution to an money, other than restitution, to any 5organization or agency
specified in s. 973.06 (1) (f) 1., dismiss or amend a charge
6alleging a criminal offense
or elect not to commence a criminal prosecution.
AB472, s. 13
7Section
13. 973.06 (1) (f) of the statutes is repealed.
AB472, s. 14
8Section
14. 973.09 (1x) of the statutes is repealed.
AB472, s. 15
9Section
15. 973.11 (1) (b) of the statutes is amended to read:
AB472,3,1110
973.11
(1) (b) Any requirement that the court may impose under s. 973.09 (1g),
11(1x), (4)
, and (7m).