LRB-3962/1
PJH:eev:rs
2013 - 2014 LEGISLATURE
January 29, 2014 - Introduced by Representatives Czaja, Kapenga, Goyke, Hebl,
Kessler, Knodl, Krug, Kulp, T. Larson, Murtha, Nygren, Pridemore, Ripp,
Spiros, Swearingen, Young and Wright, cosponsored by Senators Grothman,
L. Taylor, Schultz, Risser and Harris. Referred to Committee on Corrections.
AB685,1,2
1An Act to create 758.20 of the statutes;
relating to: restricting information
2available on the consolidated court automated Internet site.
Analysis by the Legislative Reference Bureau
Under current law, the director of state courts (director) has established a
consolidated electronic system that contains information about cases filed in the
circuit courts in the state, including both civil cases and criminal cases. This system,
known as the Consolidated Court Automation Programs (CCAP), contains
information about the parties to circuit court cases, their attorneys, documents filed
with the court, and deadlines, decisions, and outcomes of cases. The information
regarding case data contained on the CCAP system is available on the court's
Internet site, called Wisconsin Circuit Court Access (WCCA). The Internet site
presently has no limitations on who can access information on the site, although
information about certain types of cases is not available to the public. WCCA allows
a person accessing it to search for all cases, civil and criminal, in which a person or
entity who is the subject of the search has been a party.
Currently, the initial WCCA Web page displayed in each criminal case and in
each traffic and other civil forfeiture case contains a statement that employers may
not discriminate against persons because of arrest and conviction records except in
certain circumstances. The initial WCCA Web page displayed in each criminal case
and in each civil forfeiture case that did not result in a conviction also contains a
statement that the charges were not proven and have no legal effect, and that the
defendant in that case is presumed innocent. The initial WCCA Web page displayed
in each case in which there was a conviction for a civil forfeiture offense, but no
criminal conviction, contains a statement that the charge or charges in the case are
not criminal offenses.
This bill requires the director to remove a case or charge involving a civil
forfeiture from WCCA within 90 days after being notified that the case or charge has
been dismissed, that the defendant has been found not guilty of the charge in the
case, or that the case or charge has been overturned on appeal and dismissed. The
bill also requires the director to remove a case involving a misdemeanor or a felony
from WCCA within 120 days after being notified that the case or charge has been
dismissed and not read into the record for the purpose of sentencing the defendant,
that the defendant has been found not guilty of the charge in the case, or that the case
or charge has been overturned on appeal and dismissed.
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:
AB685,1
1Section
1. 758.20 of the statutes is created to read:
AB685,2,7
2758.20 Consolidated court automation programs. (1) In this section,
3"Wisconsin Circuit Court Access Internet site" means the Internet site of the
4consolidated court automation programs, which is the statewide electronic circuit
5court case management system established under s. 758.19 (4) and maintained by
6the director of state courts, that provides information regarding the cases heard in
7the circuit courts.
AB685,2,10
8(2) Within 90 days after being notified of any of the following involving a civil
9forfeiture, the director of state courts shall remove the case or charge from the
10Wisconsin Circuit Court Access Internet site:
AB685,2,1111
(a) That the case or charge has been dismissed.
AB685,2,1212
(b) That the defendant has been found not guilty of the charge.
AB685,2,1313
(c) That the case or charge has been overturned on appeal and dismissed.
AB685,3,3
1(3) Within 120 days after being notified of any of the following involving a
2criminal case or charge, the director of state courts shall remove the case or charge
3from the Wisconsin Circuit Court Access Internet site:
AB685,3,54
(a) That the case or charge has been dismissed, unless the dismissed charge
5was a read-in crime, as defined in s. 973.20 (1g) (b).
AB685,3,66
(b) That the defendant has been found not guilty of the charge.
AB685,3,77
(c) That the case or charge has been overturned on appeal and dismissed.
