LRB-1662/2
CMH&MLJ:kjf&wlj
2017 - 2018 LEGISLATURE
February 21, 2017 - Introduced by Senators Craig,
Nass, Wirch, Tiffany, Kapenga,
Stroebel and Lasee, cosponsored by Representatives Tauchen, Jarchow,
Kessler, Kooyenga, Sanfelippo, Sargent, Riemer, Brostoff, Kuglitsch,
Thiesfeldt, Quinn, Knodl, Bowen, Kremer, Schraa, Sinicki, Wichgers,
Mason, Skowronski and Ripp. Referred to Committee on Labor and
Regulatory Reform.
SB61,1,12
1An Act to repeal 961.55 (1) (d) 1., 961.55 (1) (d) 2., 961.55 (1) (d) 3., 961.55 (1)
2(d) 4., 961.55 (5) (a), 961.55 (5) (e) 1., 961.55 (5) (e) 2., 973.075 (1) (b) 2m. and
3973.075 (5m);
to renumber 973.075 (1) (b) 1m. a. to h.;
to renumber and
4amend 961.55 (1) (d) (intro.), 961.55 (5) (e) (intro.) and 973.075 (1) (b) 1m.
5(intro.);
to amend 29.934 (1) (d), 961.55 (1) (intro.), 961.55 (3) (intro.), 961.55
6(5) (b), 961.555 (1), 961.555 (2) (a), 961.555 (3), 973.075 (1) (intro.), 973.075 (1)
7(bg), 973.075 (1) (bm), 973.075 (1) (d), 973.075 (1) (e), 973.075 (4), 973.075 (5)
8(intro.), 973.076 (1) (a), 973.076 (1) (b) 1. and 973.076 (3); and
to create 961.55
9(1g), 961.55 (1k), 961.55 (1m), 961.55 (1r), 961.555 (2) (am), 961.555 (3m),
10961.555 (5), 961.555 (6), 973.075 (1g), 973.075 (1k), 973.075 (1m), 973.075 (1r),
11973.075 (5r), 973.076 (1) (b) 1m., 973.076 (3m), 973.076 (5) and 973.076 (6) of
12the statutes;
relating to: forfeiture of property seized in relation to a crime.
Analysis by the Legislative Reference Bureau
This bill changes the procedure for forfeiture of property after it has been seized
in relation to a crime. Under current law, the state or a local law enforcement agency
may acquire certain property involved in the commission of a crime or seized in
relation to a criminal investigation through a forfeiture proceeding. The forfeiture
law applies to all property directly or indirectly derived from or used for the
commission of a crime. This bill allows property to be subject to forfeiture only after
a person has been convicted of the crime related to the forfeiture action and only if
a court finds that the property seized is proportional to the crime committed. If the
person is acquitted or the charges against the person are dropped, the court must
order that his or her property be returned within 30 days. The bill requires seized
property to be returned to innocent owners of the property unless the owners were
involved with or knowledgeable about the crime related to his or her property.
Further, the bill allows the court, upon petition by a person whose property was
seized but not yet forfeited, to return the property to the person under certain
circumstances. Under the bill, the person may not sell, give away, or burden the
property and, if the person is found to have committed the crime related to the
property, must surrender the property for forfeiture after conviction. This bill also
allows a person who prevails in a forfeiture action to recover reasonable attorney fees
from the state.
This bill requires that all proceeds from the sale of all forfeited property be
turned in to the state school fund. It also prohibits local law enforcement agencies
from transferring property to federal agencies for forfeiture under federal law unless
the value of the property exceeds $50,000 or the property can be forfeited only under
federal law.
Under current law, forfeiture proceedings may proceed prior to an actual
conviction in a criminal case, and any seized property will be held by the law
enforcement agency until the case is finished.
Under current law, after a court orders that property be forfeited, an agency
may keep certain property for its own use, transfer the property to another agency,
or sell the property. The agency that seized the property may retain a set percentage
of the proceeds of selling the property to cover administrative and other costs and the
remainder goes into the state school fund. In addition, current law allows local law
enforcement agencies to enter into agreements with federal authorities wherein
property that is seized in relation to a federal crime is turned over to the federal
authorities for forfeiture under federal law. Proceeds from selling the property are
then shared between the federal authorities and local law enforcement agencies.
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: