LRB-5119/1
CMH:klm&cjs
2019 - 2020 LEGISLATURE
February 12, 2020 - Introduced by Senators L. Taylor, Larson and Smith,
cosponsored by Representatives Bowen, Crowley, Brostoff, Goyke, Kolste,
Neubauer, Stubbs, C. Taylor, Cabrera, Anderson, Considine, Gruszynski, L.
Myers
, Spreitzer, Subeck and Zamarripa. Referred to Committee on
Government Operations, Technology and Consumer Protection.
SB812,1,3 1An Act to amend 13.525 (5) (a), 13.525 (5) (b) (intro.) and 13.525 (5) (d); and to
2create
13.525 (5) (b) 1m. and 13.525 (5m) of the statutes; relating to: referral
3of legislation to the Joint Review Committee on Criminal Penalties.
Analysis by the Legislative Reference Bureau
Current law provides that if any bill introduced in the legislature creates a new
crime or revises a penalty for an existing crime and the bill is referred to a standing
committee, the chairperson of the standing committee may request the Joint Review
Committee on Criminal Penalties to prepare a report on the bill. If the bill is not
referred to a standing committee, the speaker of the assembly, if the bill is introduced
in the assembly, or the presiding officer of the senate, if the bill is introduced in the
senate, may request the Joint Review Committee on Criminal Penalties to prepare
a report on the bill. If a report is requested, current law requires the report to contain
the costs that are likely to be incurred or saved if the bill is enacted, the consistency
of the penalties proposed in the bill with existing penalties, any alternative language
needed to conform penalties, and whether the acts criminalized under the bill are
already prohibited under current law.
This bill provides that if any bill introduced in either the assembly or senate
creates a new crime or revises a penalty for an existing crime, the bill must be
referred to the Joint Review Committee on Criminal Penalties and that the bill may
not be passed by the house in which the bill is introduced until the committee
prepares and submits its report. The bill also requires the report to contain an
economic impact statement regarding the likely economic effects of the proposal on

racial groups, economic classes, and gender groups, including a finding on whether
the proposal is likely to have a disparate impact on a racial group, economic class,
or gender group. The bill also allows the Joint Review Committee on Criminal
Penalties to prepare for the legislature and the director of state courts reports on acts
passed in previous sessions that created a crime or revised a penalty for a crime.
Finally, this bill requires that any report must reflect the opinions of all members of
the committee.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB812,1 1Section 1 . 13.525 (5) (a) of the statutes is amended to read:
SB812,2,92 13.525 (5) (a) If any bill that is introduced in either house of the legislature
3proposes to create a new crime or revise a penalty for an existing crime and, the bill
4is referred to a standing committee of the house in which it is introduced, the
5chairperson may request
shall be referred to the joint review committee to prepare
6a report on the bill under par. (b). If the bill is not referred to a standing committee,
7the speaker of the assembly, if the bill is introduced in the assembly, or the presiding
8officer of the senate, if the bill is introduced in the senate, may request the joint
9review committee to prepare a report on the bill under par. (b).
SB812,2 10Section 2 . 13.525 (5) (b) (intro.) of the statutes is amended to read:
SB812,2,1611 13.525 (5) (b) (intro.) If a bill that proposes to create a new crime or revise a
12penalty for an existing crime is referred to
the joint review committee receives a
13request under par. (a) for a report on a bill that proposes to create a new crime or
14revise a penalty for an existing crime
under par. (a), the committee shall prepare a
15report, that reflects the opinions of all members of the committee, even if conflicting,
16concerning all of the following:
SB812,3 17Section 3. 13.525 (5) (b) 1m. of the statutes is created to read:
SB812,3,4
113.525 (5) (b) 1m. An economic impact statement containing information about
2the likely economic effects of the proposal on racial groups, economic classes, and
3gender groups, including a finding on whether the proposal is likely to have a
4disparate impact on a racial group, economic class, or gender group.
SB812,4 5Section 4 . 13.525 (5) (d) of the statutes is amended to read:
SB812,3,116 13.525 (5) (d) If a bill that is introduced in either house of the legislature
7proposes to create a new crime or revise a penalty for an existing crime, a standing
8committee to which the bill is referred may not vote on whether to recommend the
9bill for passage and
the bill may not be passed by the house in which it is introduced
10before the joint review committee submits a report under par. (b) or before the 30th
11day after a report is requested under par. (a), whichever is earlier
.
SB812,5 12Section 5. 13.525 (5m) of the statutes is created to read:
SB812,3,1913 13.525 (5m) The committee may prepare and submit a report to the chief clerk
14of each house of the legislature for distribution to the appropriate standing
15committees under s. 13.172 (3) and the director of state courts concerning an act from
16a previous session that created a crime or revised a penalty for an existing crime.
17The report shall reflect the opinions of all members of the committee, even if
18conflicting, and may contain any information the committee determines is relevant,
19including the following:
SB812,3,2220 (a) Actual costs incurred or saved by the department of corrections, the
21department of justice, the state public defender, the courts, district attorneys, and
22other state and local government agencies due to the act.
SB812,3,2323 (b) Recommended changes to the act.
SB812,4,3
1(c) Information about the actual economic effects of the act on racial groups,
2economic classes, and gender groups, including a finding on whether the act had a
3disparate impact on a racial group, economic class, or gender group.
SB812,4,44 (End)
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