AB1140,16,17
150.065 (2) (bb) If information obtained under par. (am) or (b) indicates a charge
2of a serious crime, but does not completely and clearly indicate the final disposition
3of the charge, the department or entity shall make every reasonable effort to contact
4the clerk of courts to determine the final disposition of the charge. If a background
5information form under sub. (6) (a) or (am), or any disclosure made pursuant to a
6disclosure policy described under sub. (6) (am), indicates a charge or a conviction of
7a serious crime, but information obtained under par. (am) or (b) does not indicate
8such a charge or conviction, the department or entity shall make every reasonable
9effort to contact the clerk of courts to obtain a copy of the criminal complaint and the
10final disposition of the complaint. If information obtained under par. (am) or (b), a
11background information form under sub. (6) (a) or (am), any disclosure made
12pursuant to a disclosure policy described under sub. (6) (am), or any other
13information indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20,
14940.202, 941.30, 942.08, 947.01 (1), or 947.013 obtained not more than 5 years before
15the date on which that information was obtained, the department or entity shall
16make every reasonable effort to contact the clerk of courts to obtain a copy of the
17criminal complaint and judgment of conviction relating to that violation.
AB1140,20 18Section 20 . 165.63 (3) of the statutes is amended to read:
AB1140,16,2219 165.63 (3) Requests from courts. In making a determination required under
20s. 813.124 (7) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1., a judge or court commissioner
21shall request information under sub. (2) from the department or from a law
22enforcement agency or law enforcement officer as provided in sub. (4) (d).
AB1140,21 23Section 21 . 165.63 (4) (d) of the statutes is amended to read:
AB1140,17,3
1165.63 (4) (d) Aid the court in making a determination required under s.
2813.124 (7) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1. or aid an entity in making a
3determination required under s. 968.20 (1m) (d) 2.
AB1140,22 4Section 22. 165.70 (1) (b) of the statutes is amended to read:
AB1140,17,85 165.70 (1) (b) Except as provided in sub. (1m), enforce chs. 945 and 961 and ss.
6940.20 (3), 940.201, 940.202, 940.43 (3m), 941.25, 941.26, 943.01 (2) (c), 943.011,
7943.27, 943.28, 943.30, 944.30 (1m), 944.31, 944.32, 944.33, 944.34, 946.65, 947.02
8(3) and (4), 948.075, 948.08, and 948.081.
AB1140,23 9Section 23 . 165.73 of the statutes is created to read:
AB1140,17,11 10165.73 Hate crimes reporting. (1) In this section, “hate crime” means an
11act described under s. 939.645 (1).
AB1140,17,15 12(2) The department of justice shall provide a publicly accessible
13Internet-based reporting system and a telephone hotline for the reporting of hate
14crimes. The department of justice shall ensure that the reporting system and hotline
15do all of the following:
AB1140,17,1716 (a) Relay a report of a hate crime to the appropriate employee of the department
17or law enforcement officer for investigation.
AB1140,17,1818 (b) Direct individuals to appropriate local support services.
AB1140,17,2119 (c) Maintain confidentiality for any personally identifiable information that an
20individual provides through the reporting system or hotline, except as needed for
21investigative, legal, or crime victims service purposes.
AB1140,17,2422 (d) Are staffed by individuals who are trained to be knowledgeable about
23applicable federal, state, and local hate crime laws and law enforcement and support
24services.
AB1140,18,4
1(3) The department of justice shall collaborate with community organizations
2to provide a public education campaign to raise awareness of hate crimes and to
3promote the reporting of hate crimes using the reporting system and hotline
4described in sub. (2).
AB1140,18,6 5(4) The department of justice shall collect data on hate crime reporting under
6sub. (2).
AB1140,18,9 7(5) The department of justice shall, biennially, submit a report to the
8appropriate standing committees of the legislature under s. 13.172 (3) on the
9department's activities under this section.
AB1140,24 10Section 24. 165.84 (7) (ab) 1. of the statutes, as affected by 2021 Wisconsin Act
1176
, is amended to read:
AB1140,18,1712 165.84 (7) (ab) 1. A felony violation of s. 940.01, 940.05, 940.198 (2), 940.21,
13940.225 (1), (2), or (3), 940.235, 940.30, 940.302 (2), 940.305, 940.31, 940.32 (2), (2e),
14or (2m), 940.43, 940.45 (1m) or (2m), 940.44, 941.20, 941.21, 941.327, 943.02, 943.06,
15943.10, 943.23 (1g) or (2), 943.32, 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c) or (5)
16(a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.07, 948.08, 948.085, 948.095, or
17948.30 (2).
AB1140,25 18Section 25. 165.84 (7) (ab) 2. of the statutes is amended to read:
AB1140,18,2219 165.84 (7) (ab) 2. A felony violation of s. 940.02, 940.03, 940.06, 940.07, 940.08,
20940.09 (1c), 940.10, 940.19 (2), (4), (5), or (6), 940.195 (2), (4), (5), or (6), 940.20,
21940.201 (2) 940.202, 940.203 (2), 940.205 (2), 940.207 (2), 940.208, 940.23, 940.43
22(3m),
941.30, or 948.03 (3) or (5) (a) 4.
AB1140,26 23Section 26. 165.95 (title) of the statutes is amended to read:
AB1140,18,25 24165.95 (title) Alternatives to prosecution and incarceration; grant
25program.
AB1140,27
1Section 27 . 165.95 (1) (ac) of the statutes is created to read:
AB1140,19,42 165.95 (1) (ac) “Evidence-based practice" means a practice that has been
3developed using research to determine its efficacy for achieving positive measurable
4outcomes, including reducing recidivism and increasing public safety.
AB1140,28 5Section 28 . 165.95 (2) of the statutes is amended to read:
AB1140,19,136 165.95 (2) The department of justice shall make grants to counties and to tribes
7to enable them to establish and operate programs, including suspended and deferred
8prosecution programs and programs based on principles of restorative justice, that
9provide alternatives to prosecution and incarceration for criminal offenders who
10abuse alcohol or other drugs. The department of justice shall make the grants from
11the appropriations under s. 20.455 (2) (ek), (em), (jd), (kn), and (kv). The department
12of justice shall collaborate with the departments of corrections and health and family
13services in establishing this grant program.
AB1140,29 14Section 29. 165.95 (2r) of the statutes is amended to read:
AB1140,19,1715 165.95 (2r) Any county or tribe that receives a grant under this section on or
16after January 1, 2012,
shall provide matching funds that are equal to 25 10 percent
17of the amount of the grant.
AB1140,30 18Section 30. 165.95 (3) (a) of the statutes is repealed.
AB1140,31 19Section 31 . 165.95 (3) (ag) of the statutes is created to read:
AB1140,19,2320 165.95 (3) (ag) The program operates within the continuum from arrest to
21discharge from supervision and provides an alternative to prosecution, revocation,
22or incarceration through the use of pre-charge and post-charge diversion programs
23or treatment courts and community-based corrections.
AB1140,32 24Section 32 . 165.95 (3) (b) of the statutes is amended to read:
AB1140,20,6
1165.95 (3) (b) The program employs evidence-based practices and is designed
2to promote and facilitate the implementation of effective criminal justice policies and
3practices that maximize justice and
public and victim safety, reduce prison and jail
4populations, reduce prosecution and incarceration costs, and reduce recidivism, and
5improve the welfare of participants' families by meeting the comprehensive needs of
6participants
.
AB1140,33 7Section 33 . 165.95 (3) (bd) of the statutes is created to read:
AB1140,20,108 165.95 (3) (bd) The program identifies each target population served by the
9program and identifies the evidence-based practices the program employs for each
10target population it serves.
AB1140,34 11Section 34 . 165.95 (3) (cm) 2. of the statutes is created to read:
AB1140,20,1712 165.95 (3) (cm) 2. If the program is administered by a tribe, the criminal justice
13oversight committee shall consist of a representative of the judiciary, a
14representative of criminal prosecution and criminal defense, a social services
15provider, a behavioral health treatment provider, a law enforcement officer, a
16representative of corrections, and other members that the oversight committee
17determines are appropriate to the program.
AB1140,35 18Section 35. 165.95 (3) (d) of the statutes is amended to read:
AB1140,20,2219 165.95 (3) (d) Services provided under the program are consistent with
20evidence-based practices in substance abuse and mental health treatment, as
21determined by the department of health services,
and the program provides
22intensive case management.
AB1140,36 23Section 36. 165.95 (3) (e) of the statutes is amended to read:
AB1140,20,2524 165.95 (3) (e) The program uses graduated sanctions and incentives to promote
25successful substance abuse treatment success.
AB1140,37
1Section 37. 165.95 (3) (g) of the statutes is amended to read:
AB1140,21,92 165.95 (3) (g) The program is designed to integrate all mental health services
3provided to program participants by state and local government agencies , tribes, and
4other organizations. The program shall require regular communication and
5coordination
among a participant's substance abuse treatment providers, other
6service providers, the case manager, and any person designated under the program
7to monitor the person's compliance with his or her obligations under the program,
8and any probation, extended supervision, and parole agent assigned to the
9participant.
AB1140,38 10Section 38 . 165.95 (3) (h) of the statutes is amended to read:
AB1140,21,1411 165.95 (3) (h) The program provides substance abuse and mental health
12treatment
services through providers that who use evidence-based practices in the
13delivery of services and, where applicable, who
are certified by the department of
14health services
or licensed to provide the services approved under the program.
AB1140,39 15Section 39 . 165.95 (3) (i) of the statutes is renumbered 165.95 (3d) and
16amended to read:
AB1140,21,2117 165.95 (3d) The A program requires that receives a grant under this section
18may require
participants to pay a reasonable amount for their treatment, based on
19their income and available assets, and pursues and uses all possible resources
20available through insurance and federal, state, and local aid programs, including
21cash, vouchers, and direct services.
AB1140,40 22Section 40. 165.95 (3) (j) of the statutes is amended to read:
AB1140,22,523 165.95 (3) (j) The program is developed with input from, and implemented in
24collaboration with, one or more circuit court judges, the district attorney, the state
25public defender, local and, if applicable, tribal law enforcement officials, county

1agencies and, if applicable, tribal agencies responsible for providing social services,
2including services relating to alcohol and other drug addiction substance use
3disorder
, child welfare, mental health, and the Wisconsin Works program, the
4departments of corrections, children and families, and health services, private social
5services agencies, and substance abuse use disorder treatment providers.
AB1140,41 6Section 41 . 165.95 (3) (k) of the statutes is amended to read:
AB1140,22,97 165.95 (3) (k) The county or tribe complies with other eligibility requirements
8established by the department of justice to promote the objectives listed in pars. (a)
9and (b)
this subsection.
AB1140,42 10Section 42 . 165.95 (5) (a) of the statutes is renumbered 165.95 (3) (cm) (intro.)
11and amended to read:
AB1140,22,1612 165.95 (3) (cm) (intro.) A county or tribe that receives a grant under this section
13shall create an
The program identifies a criminal justice oversight committee to
14develop and implement the program design and advise the county or tribe in
15administering and evaluating its program. Each The membership of each criminal
16justice oversight committee shall be as follows:
AB1140,23,3 171. If the program is administered by a county, or by a county and a tribe
18pursuant to sub. (6), the criminal justice oversight
committee shall consist of a circuit
19court judge, the district attorney or his or her designee, the state public defender or
20his or her designee, a local law enforcement official, a representative of the county,
21a representative of the tribe, if applicable, a representative of each other county
22agency and, if applicable, tribal agency responsible for providing social services,
23including services relating to child welfare, mental health, and the Wisconsin Works
24program,
representatives of the department of corrections and department of health
25services, a representative from private social services agencies, a representative of

1substance abuse behavioral health treatment providers, and other members to be
2determined by the county or tribe
the oversight committee determines are
3appropriate for the program
.
AB1140,43 4Section 43 . 165.95 (5) (b) of the statutes is renumbered 165.95 (5) (ag) and
5amended to read:
AB1140,23,106 165.95 (5) (ag) A county or tribe that receives a grant under this section shall
7comply with state audits and shall submit an annual report to the department of
8justice and to the criminal justice oversight committee created under par. (a)
9identified in sub. (3) (cm) regarding the impact of the program on jail and prison
10populations and
its progress in attaining the goals specified in sub. (3) (b) and (f).
AB1140,44 11Section 44 . 165.95 (5m) of the statutes is repealed.
AB1140,45 12Section 45 . 165.95 (6) of the statutes is amended to read:
AB1140,23,1913 165.95 (6) A county or tribe may, with one or more other counties or tribes,
14jointly apply for and receive a grant under this section. Upon submitting a joint
15application, each county or tribe shall include with the application a written
16agreement specifying each tribe's and each county department's role in developing,
17administering, and evaluating the program. The criminal justice oversight
18committee established under sub. (5) (a) identified in sub. (3) (cm) shall consist of
19representatives from each county or tribe that participates in the program.
AB1140,46 20Section 46. 165.95 (7) of the statutes is amended to read:
AB1140,23,2521 165.95 (7) Grants provided under this section shall be provided on a calendar
22year basis beginning on January 1, 2007. If the department of justice decides to make
23a grant to a county or tribe under this section, the department of justice shall notify
24the county or tribe of its decision and the amount of the grant no later than
25September 1 of the year preceding the year for which the grant will be made
.
AB1140,47
1Section 47. 165.95 (7m) of the statutes is amended to read:
AB1140,24,62 165.95 (7m) Beginning in fiscal year 2012-13 2021-22, the department of
3justice shall, every 5 4 years, make grants under this section available to any county
4or tribe on a competitive basis. A county or tribe may apply for a grant under this
5subsection regardless of whether the county or tribe has received a grant previously
6under this section.
AB1140,48 7Section 48 . 175.33 of the statutes is created to read:
AB1140,24,8 8175.33 Transfer of firearms. (1) In this section:
AB1140,24,109 (a) “Family member" means a spouse, parent, grandparent, sibling, child, or
10grandchild. The relationship may be by blood, marriage, or adoption.
AB1140,24,1111 (b) “Firearm” includes the frame or receiver of a firearm.
AB1140,24,1212 (c) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
AB1140,24,1313 (d) “Transfer” has the meaning given in s. 175.35 (1) (br).
AB1140,24,15 14(2) No person may transfer ownership of a firearm, or be transferred ownership
15of a firearm, unless one of the following applies:
AB1140,24,1616 (a) The transferor is a firearms dealer.
AB1140,24,1817 (b) The transferor makes the transfer to or through a firearms dealer and
18obtains a receipt under s. 175.35 (2j) (b).
AB1140,24,2019 (c) The transfer of ownership of the firearm is one of the transfers listed under
20s. 175.35 (2t).
AB1140,24,2321 (d) The transferor is transferring ownership of the firearm to a family member
22by gift, bequest, or inheritance, the transferee is not prohibited from possessing a
23firearm under state or federal law, and the transferee is at least 18 years of age.
AB1140,25,324 (e) The transferor is transferring the firearm with the intent that the transfer
25is for the purpose of hunting or target shooting if the transfer is for no longer than

114 days, the transferor did not receive in exchange for the transfer more than
2nominal consideration, the transferee is not prohibited from possessing a firearm
3under state or federal law, and the transfer is not otherwise prohibited by law.
AB1140,25,7 4(3) Any person who intentionally violates sub. (2) is guilty of a misdemeanor
5and shall be fined not less than $500 nor more than $10,000 and may be imprisoned
6for not more than 9 months. The person is also prohibited under s. 941.29 from
7possessing a firearm for a period of 2 years.
AB1140,49 8Section 49. 175.35 (title) of the statutes is amended to read:
AB1140,25,9 9175.35 (title) Purchase Transfer of handguns firearms.
AB1140,50 10Section 50 . 175.35 (1) (at) of the statutes is amended to read:
AB1140,26,211 175.35 (1) (at) “Firearms restrictions record search" means a search of
12department of justice records to determine whether a person seeking to purchase a
13handgun is prohibited from possessing a firearm under s. 941.29. “Firearms
14restrictions record search" includes a criminal history record search, a search to
15determine whether a person is prohibited from possessing a firearm under s. 51.20
16(13) (cv) 1., 2007 stats., a search in the national instant criminal background check
17system to determine whether a person has been ordered not to possess a firearm
18under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search
19to determine whether the person is subject to an injunction under s. 813.12 or
20813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court
21established by any federally recognized Wisconsin Indian tribe or band, except the
22Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he
23or she is subject to the requirements and penalties under s. 941.29 and that has been
24filed with the circuit court under s. 813.128 (3g), a search to determine whether the
25person is subject to a temporary restraining order or injunction under s. 813.124,
and

1a search to determine whether the person is prohibited from possessing a firearm
2under s. 813.123 (5m) or 813.125 (4m).
AB1140,51 3Section 51 . 175.35 (1) (at) of the statutes, as affected by 2021 Wisconsin Act
4.... (this act), is amended to read:
AB1140,26,215 175.35 (1) (at) “Firearms restrictions record search" means a search of
6department of justice records to determine whether a person seeking to purchase be
7transferred
a handgun firearm is prohibited from possessing a firearm under s.
8941.29. “Firearms restrictions record search" includes a criminal history record
9search, a search to determine whether a person is prohibited from possessing a
10firearm under s. 51.20 (13) (cv) 1., 2007 stats., a search in the national instant
11criminal background check system to determine whether a person has been ordered
12not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or
1355.12 (10) (a), a search to determine whether the person is subject to an injunction
14under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued
15by a court established by any federally recognized Wisconsin Indian tribe or band,
16except the Menominee Indian tribe of Wisconsin, that includes notice to the
17respondent that he or she is subject to the requirements and penalties under s.
18941.29 and that has been filed with the circuit court under s. 813.128 (3g), a search
19to determine whether the person is subject to a temporary restraining order or
20injunction under s. 813.124, and a search to determine whether the person is
21prohibited from possessing a firearm under s. 813.123 (5m) or 813.125 (4m).
AB1140,52 22Section 52 . 175.35 (1) (b) of the statutes is repealed.
AB1140,53 23Section 53 . 175.35 (1) (br) of the statutes is created to read:
AB1140,26,2524 175.35 (1) (br) “Transfer” includes to sell, assign, pledge, lease, loan, give away,
25or otherwise dispose of.
AB1140,54
1Section 54. 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am)
2and amended to read:
AB1140,27,63 175.35 (2) (am) When a firearms dealer sells transfers a handgun firearm,
4including the frame or receiver of a firearm
, he or she may not transfer possession
5of that handgun firearm to any other person until all of the following have occurred:
6requirements under par. (cm) have been met.
AB1140,55 7Section 55 . 175.35 (2) (a), (b), (c) and (d) of the statutes are renumbered 175.35
8(2) (cm) 1., 2., 3. and 4.
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