AB280-ASA1,1,8 1An Act to repeal 973.075 (1) (b) 2m. c.; to renumber and amend 961.55 (1) (d)
24. and 973.075 (4); to amend 961.55 (1) (d) (intro.), 961.55 (1) (d) 3., 961.55 (3)
3(intro.), 961.55 (5) (intro.), 968.20 (1) (intro.), 968.20 (3) (a), 968.20 (3) (b),
4973.075 (1) (b) 1m. (intro.), 973.075 (1) (bg), 973.075 (1) (bj), 973.075 (1) (bm),
5973.075 (1) (d), 973.075 (1) (e) and 973.075 (5) (intro.); and to create 961.55 (1)
6(h), 961.55 (5b), 961.55 (5r), 973.075 (1) (f), 973.075 (1p), 973.075 (4) (a) 1. and
72. and 973.075 (5r) of the statutes; relating to: seizure of a computer used to
8commit a felony and providing a penalty.

AB280-ASA1,2,210 961.55 (1) (d) (intro.) All Subject to sub. (1p), all vehicles which are used, or
11intended for use, to transport, or in any manner to facilitate the transportation, for
12the purpose of sale or receipt of property described in pars. (a) and (b) or for the

1purpose of transporting any property or weapon used or to be used or received in the
2commission of any felony under this chapter, but:

AB280-ASA1,2,54 961.55 (1) (d) 3. A vehicle is not subject to forfeiture for a violation of s. 961.41
5(3g) (b) to (g); and.

AB280-ASA1,2,138 961.55 (1p) If forfeiture of a vehicle property described in sub. (1) (d) or (h) that
9is encumbered by a bona fide perfected security interest occurs, the holder of the
10security interest shall be paid from the proceeds of the forfeiture if the security
11interest was perfected prior to the date of the commission of the felony which forms
12the basis for the forfeiture and he or she neither had knowledge of nor consented to
13the act or omission.

AB280-ASA1,2,1715 961.55 (1) (h) Subject to sub. (1p), any computer, as defined in s. 943.70 (1) (am),
16used in the commission of a felony under this chapter if the following conditions are
17met:

AB280-ASA1,2,1918 1. If the computer is owned by an individual, the individual had knowledge of
19and consented to the use of the computer in the commission of the felony.

AB280-ASA1,2,2120 2. If the computer is owned by an entity, all owners of the entity had knowledge
21of and consented to the use of the computer in the commission of the felony.

AB280-ASA1,3,823 961.55 (3) (intro.) In the event of seizure under sub. (2), proceedings under sub.
24(4) shall be instituted promptly. All dispositions and forfeitures under this section
25and ss. 961.555 and 961.56 shall be made with due provision for the rights of innocent

1persons under sub. subs. (1) (d) 1., and 2. and 4. Any (1p). Subject to sub. (5r) (a),
2any property seized but not forfeited shall be returned to its rightful owner. Any
3person claiming the right to possession of property seized may apply for its return
4to the circuit court for the county in which the property was seized. The court shall
5order such notice as it deems adequate to be given the district attorney and all
6persons who have or may have an interest in the property and shall hold a hearing
7to hear all claims to its true ownership. If the right to possession is proved to the
8court's satisfaction, it shall order the property returned, subject to sub. (5r) (a), if:

AB280-ASA1,3,1210 961.55 (5) (intro.) When property other than a computer is forfeited under this
11chapter, the agency whose officer or employee seized the property shall do one of the
12following:

AB280-ASA1,3,1614 961.55 (5b) If a computer described in sub. (1) (h) is forfeited, the agency whose
15officer or employee seized the property shall, subject to sub. (5r), do one of the
16following:

AB280-ASA1,3,2417 (a) If the computer is one described in sub. (1p), sell that which is not required
18to be destroyed by law and which is not harmful to the public. If, after the conditions
19of sub. (1p) are satisfied, proceeds remain, the agency may use 50 percent of the
20remainder for payment of forfeiture expenses. Then, any remainder shall be
21deposited in the school fund as proceeds of the forfeiture. In this paragraph,
22"forfeiture expenses" include all proper expenses of the proceedings for forfeiture and
23sale, including expenses of seizure, maintenance of custody, advertising, and court
24costs and the costs of investigation and prosecution reasonably incurred.

AB280-ASA1,4,2

1(b) If the computer is not one described in sub. (1p), retain it for the agency's
2use or donate it to a nonprofit organization or a unit of state or local government.

AB280-ASA1,4,94 961.55 (5r) (a) Before selling, donating, or retaining a forfeited computer
5described in sub. (1) (h) or before returning it to its rightful owner, the law
6enforcement agency that seized it shall purge all data from the computer that are or
7represent contraband or that were used in the commission of a crime and all
8programs that are maintained or designed primarily to facilitate the commission of
9a crime.

AB280-ASA1,4,1410 (b) Before selling, donating, or retaining a forfeited computer described in sub.
11(1) (h) and after purging all data as required under par. (a), the law enforcement
12agency that seized it shall provide the owner an opportunity to retrieve from the
13computer any remaining data or programs and shall purge all other data or programs
14except the computer's operating system.