AB40-ASA1,1237,1512
973.046
(1r) (intro.) If a court imposes a sentence or places a person on
13probation
for a violation of s. 940.225, 948.02 (1) or (2), 948.025, 948.085, the court
14shall impose a deoxyribonucleic acid analysis surcharge
of $250., calculated as
15follows:
AB40-ASA1,2355
16Section
2355. 973.046 (1r) (a) and (b) of the statutes are created to read:
AB40-ASA1,1237,1717
973.046
(1r) (a) For each conviction for a felony, $250.
AB40-ASA1,1237,1818
(b) For each conviction for a misdemeanor, $200.
AB40-ASA1,2356
19Section
2356. 973.047 (1f) of the statutes is amended to read:
AB40-ASA1,1237,2520
973.047
(1f) If a court imposes a sentence or places a person on probation
for
21a felony conviction or for a conviction for a violation of s. 165.765 (1), 940.225 (3m),
22944.20, or 948.10 (1) (b), the court shall require the person to provide a biological
23specimen to the state crime laboratories for deoxyribonucleic acid analysis.
The
24court shall inform the person that he or she may request expungement under s.
25165.77 (4).
AB40-ASA1,2357
1Section
2357. 973.047 (1m) of the statutes is amended to read:
AB40-ASA1,1238,52
973.047
(1m) The results from deoxyribonucleic acid analysis of a specimen
3provided under this section may be used only as authorized under s. 165.77 (3).
The
4state crime laboratories shall destroy any such specimen in accordance with s. 165.77
5(3).
AB40-ASA1,2358
6Section
2358. 973.047 (2) of the statutes is amended to read:
AB40-ASA1,1238,127
973.047
(2) The department of justice shall promulgate rules providing for
8procedures for defendants to provide specimens when Biological samples required
9to do so under
this section and for the transportation of those specimens to the state
10crime laboratories for analysis under s. 165.77 sub. (1f) shall be obtained and
11submitted as specified in rules promulgated by the department of justice under s.
12165.76 (4).
AB40-ASA1,2358m
13Section 2358m. 973.05 (2m) (jr) of the statutes is created to read:
AB40-ASA1,1238,1514
973.05
(2m) (jr) To payment of the crime prevention funding board surcharge
15until paid in full.
AB40-ASA1,2359
16Section
2359. 973.09 (3) (bg) of the statutes is created to read:
AB40-ASA1,1239,217
973.09
(3) (bg) 1. At least 90 days before the expiration date of a probationer's
18period of probation, the department shall notify the sentencing court and district
19attorney that a probationer owes an unpaid surcharge imposed under s. 973.045.
20Upon receiving notice from the department, the court shall schedule a probation
21review hearing to be held before the expiration date of the period of probation unless
22the probationer either pays the unpaid surcharge before the scheduled hearing date
23or voluntarily waives the hearing. A waiver of a probation review hearing under this
24paragraph must include an acknowledgment by the probationer that waiver may
1result in an extension of the probation period, a modification of the terms and
2conditions of probation, or a revocation of probation.
AB40-ASA1,1239,63
2. If the court does not extend probation, the court shall issue a judgment for
4the unpaid surcharge and direct the clerk of circuit court to file and enter the
5judgment in the judgment and lien docket. The judgment has the same force and
6effect as judgments entered under s. 806.10.
AB40-ASA1,1239,127
3. At a probation review hearing scheduled under subd. 1., the department has
8the burden of proving that the probationer owes an unpaid surcharge imposed under
9s. 973.045 and the amount of the unpaid surcharge. If the department proves by a
10preponderance of the evidence that the probationer owes an unpaid surcharge under
11s. 973.045, the court may, by order, extend the period of probation for a stated period
12or modify the terms and conditions of probation.
AB40-ASA1,1239,1913
4. If the court does not extend or modify the terms of probation under subd. 3.,
14the court shall issue a judgment for the unpaid surcharge and direct the clerk of
15circuit court to file and enter the judgment in the judgment and lien docket without
16fee. If the court issues a judgment for the unpaid surcharge, the court shall send to
17the department a written notification that a civil judgment has been issued for the
18unpaid fees. The judgment has the same force and effect as judgments entered under
19s. 806.10.
AB40-ASA1,2360
20Section
2360. 973.155 (1m) of the statutes is amended to read:
AB40-ASA1,1240,221
973.155
(1m) A convicted offender shall be given credit toward the service of
22his or her sentence for all days spent in custody as part of a substance abuse
23treatment program that meets the requirements of s.
16.964 (12) (c) 165.95 (3), as
24determined by the
office of justice assistance department of justice under s.
16.964
1(12) (i) 165.95 (9) and (10), for any offense arising out of the course of conduct that
2led to the person's placement in that program.
AB40-ASA1,2360m
3Section 2360m. 978.12 (1) (b) of the statutes is amended to read:
AB40-ASA1,1240,74
978.12
(1) (b)
Deputy district attorneys. Deputy district attorneys shall be
5employed outside the classified service. The state shall establish and adjust the
6salaries of deputy district attorneys in accordance with
s. 230.12 (10) and the state
7compensation plan.
AB40-ASA1,2360w
8Section 2360w. 980.063 (1) (a) of the statutes is amended to read:
AB40-ASA1,1240,129
980.063
(1) (a) If a person is found to be a sexually violent person under this
10chapter, the court shall require the person to provide a biological specimen to the
11state crime laboratories for deoxyribonucleic acid analysis.
The court shall inform
12the person that he or she may request expungement under s. 165.77 (4).
AB40-ASA1,2361
13Section
2361. 980.063 (1) (b) of the statutes is amended to read:
AB40-ASA1,1240,1614
980.063
(1) (b) The results from deoxyribonucleic acid analysis of a specimen
15under par. (a) may be used only as authorized under s. 165.77 (3).
The state crime
16laboratories shall destroy any such specimen in accordance with s. 165.77 (3).
AB40-ASA1,2362
17Section
2362. 980.063 (2) of the statutes is amended to read:
AB40-ASA1,1240,2218
980.063
(2) The department of justice shall promulgate rules providing for
19procedures for defendants to provide specimens Biological samples required under
20sub. (1)
and for the transportation of those specimens to the state crime laboratories
21for analysis under s. 165.77 (a) shall be obtained and submitted as specified in rules
22promulgated by the department of justice under s. 165.76 (4).
AB40-ASA1,2363
23Section
2363. 995.10 (1) (i) 1. d. of the statutes is created to read:
AB40-ASA1,1241,224
995.10
(1) (i) 1. d. Owns an automated roll-your-own machine that is used to
25make cigarettes, not including an individual who owns a roll-your-own machine and
1uses the machine in his or her home solely to make cigarettes for his or her personal
2use or for the use of other individuals who live in his or her home.