LRB-2648/1
PJH:bjk&jld:rs
2007 - 2008 LEGISLATURE
July 23, 2007 - Introduced by Senators Hansen, Lehman and Lassa, cosponsored
by Representatives Albers, Soletski, Berceau and
Townsend. Referred to
Committee on Judiciary and Corrections.
SB244,1,2
1An Act to amend 778.027 and 967.057 of the statutes;
relating to: prosecution
2decisions based on certain payments to organizations or agencies.
Analysis by the Legislative Reference Bureau
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 an 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 extends the scope of these prohibitions so that
they apply to a decision by a prosecutor or other government attorney not to
commence a criminal prosecution or an action for a forfeiture, not just to a decision
to dismiss or amend a charge, citation, or complaint that is already filed. The bill also
extends the scope of the prohibitions so that they 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:
SB244, s. 1
1Section
1. 778.027 of the statutes is amended to read:
SB244,2,8
2778.027 Dismissals for Prosecution decisions based on contributions
3to certain organizations or agencies. A prosecutor or an attorney representing
4the state or a political subdivision of the state may not, in exchange for a person's
5payment of
a contribution to an money, other than restitution, to any organization
6or agency
specified in s. 973.06 (1) (f) 1., dismiss or amend a citation or complaint
7alleging a violation that provides for a forfeiture
or elect not to initiate an action for
8a forfeiture based on such a violation.
SB244, s. 2
9Section
2. 967.057 of the statutes is amended to read:
SB244,2,14
10967.057 Dismissals for Prosecution decisions based on contributions
11to certain organizations and agencies. A prosecutor may not, in exchange for
12a person's payment of
a contribution to an money, other than restitution, to any 13organization or agency
specified in s. 973.06 (1) (f) 1., dismiss or amend a charge
14alleging a criminal offense
or elect not to commence a criminal prosecution.
