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LRB-2472/1
CMH&MED:amn
2017 - 2018 LEGISLATURE
April 12, 2017 - Introduced by Representatives Tusler, Born, Ott, R. Brooks,
Doyle, Felzkowski, Horlacher, Jagler, Krug, Mursau, Nerison, Novak,
Petersen, Petryk, Ripp, Schraa, Shankland, Skowronski, Tittl and Wachs,
cosponsored by Senators Wanggaard, Bewley, Cowles, Hansen, L. Taylor
and Testin. Referred to Committee on Government Accountability and
Oversight.
AB231,1,7 1An Act to repeal 978.001 (1p) and 978.11; to amend 13.093 (2) (a), 16.971 (9),
216.971 (10), 230.33 (1), 978.03, 978.045 (1g), 978.045 (1r) (bm) (intro.), 978.045
3(2), 978.05 (9) and 978.12 (1) (c); and to create 13.0967, 15.77, 20.548, 20.923
4(4) (f) 7x., 20.923 (6) (hs), 227.112, 227.19 (3) (em), 230.08 (2) (qp), 978.001 (1b),
5(1d) and (1n), 978.003, 978.004 and 978.005 of the statutes; relating to:
6creation of a prosecutor board and a state prosecutors office and making
7appropriations.
Analysis by the Legislative Reference Bureau
This bill creates an independent prosecutor board that oversees and sets
policies for a state prosecutors office, also created in this bill. Under this bill, the
executive director of the state prosecutors office manages the office; prepares
personnel policies, fiscal estimates, and an annual report; and represents the board
before the governor, the legislature, bar associations, and courts. The executive
director may also identify methods and practices for district attorneys that promote
professional competence and ethical practices. Under this bill, the state prosecutors
office assumes duties relating to district attorneys that current law assigns to the
Department of Administration, such as preparing a budget for all of the prosecutorial
units, approving appointments of special prosecutors when needed, and making
requests for assistant district attorneys in certain prosecutorial units. The bill

requires any rule that directly affects the state prosecutors office to be reviewed by
the office and for the office to submit a report on the proposed rule that includes
information about the effect of the proposed rule on the state prosecutors office.
Finally, this bill requires DOA to provide the state prosecutors office with general
access to a case management system currently used by the Department of Justice to
manage case-related information and to share the information among prosecutors.
For further information see the state 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:
AB231,1 1Section 1. 13.093 (2) (a) of the statutes is amended to read:
AB231,3,112 13.093 (2) (a) Any bill making an appropriation, any bill increasing or
3decreasing existing appropriations or state or general local government fiscal
4liability or revenues, and any bill that modifies an existing surcharge or creates a
5new surcharge that is imposed under ch. 814, shall, before any vote is taken thereon
6by either house of the legislature if the bill is not referred to a standing committee,
7or before any public hearing is held before any standing committee or, if no public
8hearing is held, before any vote is taken by the committee, incorporate a reliable
9estimate of the anticipated change in appropriation authority or state or general
10local government fiscal liability or revenues under the bill, including to the extent
11possible a projection of such changes in future biennia. The estimate shall also
12indicate whether any increased costs incurred by the state under the bill can be
13mitigated through the use of contractual service contracts let in accordance with
14competitive procedures. For purposes of this paragraph, a bill increasing or
15decreasing the liability or revenues of the unemployment reserve fund is considered
16to increase or decrease state fiscal liability or revenues. Except as otherwise
17provided by joint rules of the legislature or this paragraph, such estimates shall be
18made by the department or agency administering the appropriation or fund or

1collecting the revenue. The legislative council staff shall prepare the fiscal estimate
2with respect to the provisions of any bill referred to the joint survey committee on
3retirement systems which create or modify any system for, or make any provision for,
4the retirement of or payment of pensions to public officers or employees. The director
5of state courts shall prepare the fiscal estimate with respect to the provisions of any
6bill that modifies an existing surcharge or creates a new surcharge that is imposed
7under ch. 814. The executive director of the state prosecutors office shall prepare the
8fiscal estimate with respect to the provisions of any bill that affects prosecutors or
9the state prosecutors office, including bills modifying or creating crimes or
10sentencing practices.
When a fiscal estimate is prepared after the bill has been
11introduced, it shall be printed and distributed as are amendments.
AB231,2 12Section 2. 13.0967 of the statutes is created to read:
AB231,3,18 1313.0967 Review of bills affecting state prosecutors office. Any bill that
14is introduced in either house of the legislature that directly affects the state
15prosecutors office shall have a notation to that effect on its jacket when the jacket is
16prepared. When a bill that has that notation on the jacket is introduced, the
17legislative reference bureau shall submit a copy of the bill to the state prosecutors
18office.
AB231,3 19Section 3. 15.77 of the statutes is created to read:
AB231,3,21 2015.77 Prosecutor board. There is created a prosecutor board consisting of
2111 members, appointed for staggered 3-year terms, as follows:
AB231,3,23 22(1) From each district under s. 752.11 (1) (b), (c), and (d), 2 district attorneys
23appointed by a majority of district attorneys from the district.
AB231,3,25 24(2) From the district under s. 752.11 (1) (a), the district attorney and a deputy
25district attorney appointed by the district attorney.
AB231,4,3
1(3) Two nonelected prosecutors, each from a different county, appointed by a
2majority of nonelected prosecutors. Under this subsection, “prosecutor” does not
3include a special prosecutor appointed under s. 978.045 or 978.05 (8) (b).
AB231,4,4 4(4) The attorney general or his or her designee.
AB231,4 5Section 4. 16.971 (9) of the statutes is amended to read:
AB231,4,136 16.971 (9) In conjunction with the public defender board, the prosecutor board,
7the director of state courts, and the departments of corrections and justice and
8district attorneys
, the department may maintain, promote and coordinate
9automated justice information systems that are compatible among counties and the
10officers and agencies specified in this subsection, using the moneys appropriated
11under s. 20.505 (1) (kh), (kp), and (kq). The department shall annually report to the
12legislature under s. 13.172 (2) concerning the department's efforts to improve and
13increase the efficiency of integration of justice information systems.
AB231,5 14Section 5. 16.971 (10) of the statutes is amended to read:
AB231,4,1815 16.971 (10) The department shall maintain, and provide the department of
16justice and the state prosecutors office with general access to, a case management
17system that allows the state prosecutors office and district attorneys to manage all
18case-related information and share the information among prosecutors.
AB231,6 19Section 6. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
20the following amounts for the purposes indicated: - See PDF for table PDF
AB231,7 1Section 7. 20.548 of the statutes is created to read:
AB231,5,3 220.548 Prosecutor board. There is appropriated to the prosecutor board for
3the following program:
AB231,5,6 4(1) Coordination and administration of prosecutor functions. (a) Program
5administration.
The amounts in the schedule for program administration costs of
6the office of state prosecutors.
AB231,5,97 (g) Gifts, grants, and proceeds. All moneys received from gifts and grants and
8all proceeds from services, conferences, and sales of publications and promotional
9materials for the purposes for which made or received.
AB231,8 10Section 8. 20.923 (4) (f) 7x. of the statutes is created to read:
AB231,5,1111 20.923 (4) (f) 7x. State prosecutors office: executive director.
AB231,9 12Section 9. 20.923 (6) (hs) of the statutes is created to read:
AB231,5,1313 20.923 (6) (hs) State prosecutors office: legislative liaison.
AB231,10 14Section 10. 227.112 of the statutes is created to read:
AB231,6,5 15227.112 Review of rules affecting state prosecutors office. (1) Report
16on rules affecting state prosecutors office.
If a proposed rule directly affects the
17state prosecutors office, the agency proposing the rule shall, prior to submitting the
18proposed rule to the legislative council staff under s. 227.15, submit the proposed
19rule to the state prosecutors office. The state prosecutors office shall prepare a report

1on the proposed rule before it is submitted to the legislative council staff under s.
2227.15. The state prosecutors office may request any information from other state
3agencies, local governments, individuals, or organizations that is reasonably
4necessary for the office to prepare the report. The state prosecutors office shall
5prepare the report within 30 days after the rule is submitted to the office.
AB231,6,8 6(2) Findings of the office to be contained in the report. The report of the
7state prosecutors office shall contain information about the effect of the proposed
8rule on the state prosecutors office.
AB231,6,10 9(3) Applicability. This section does not apply to emergency rules promulgated
10under s. 227.24.
AB231,11 11Section 11. 227.19 (3) (em) of the statutes is created to read:
AB231,6,1312 227.19 (3) (em) The report of the state prosecutors office, if the proposed rule
13directly affects the state prosecutors office.
AB231,12 14Section 12. 230.08 (2) (qp) of the statutes is created to read:
AB231,6,1615 230.08 (2) (qp) The executive director and legislative liaison in the office of
16state prosecutors.
AB231,13 17Section 13. 230.33 (1) of the statutes is amended to read:
AB231,7,318 230.33 (1) A person appointed to an unclassified position by the governor,
19elected officer, judicial body, or prosecutor board, or by a legislative body or
20committee shall be granted a leave of absence without pay for the duration of the
21appointment and for 3 months thereafter, during which time the person has
22restoration rights to the former position or equivalent position in the department in
23which last employed in a classified position without loss of seniority. The person
24shall also have reinstatement privileges for 5 years following appointment to the
25unclassified service or for one year after termination of the unclassified appointment

1whichever is longer. Restoration rights and reinstatement privileges shall be
2forfeited if the reason for termination of the unclassified appointment would also be
3reason for discharge from the former position in the classified service.
AB231,14 4Section 14. 978.001 (1b), (1d) and (1n) of the statutes are created to read:
AB231,7,55 978.001 (1b) “Board" means the prosecutor board.
AB231,7,7 6(1d) “Executive director" means the executive director appointed under s.
7978.003 (3).
AB231,7,8 8(1n) “Office" means the state prosecutors office.
AB231,15 9Section 15. 978.001 (1p) of the statutes is repealed.
AB231,16 10Section 16. 978.003 of the statutes is created to read:
AB231,7,11 11978.003 Board; duties. The board shall do all of the following:
AB231,7,13 12(1) Submit the budget in accordance with s. 16.42 after the executive director
13submits the budget to the board and the board approves it.
AB231,7,15 14(2) At least annually submit to the joint committee on finance
15recommendations on the allocation of prosecutor resources.
AB231,7,17 16(3) Appoint an attorney with experience in criminal prosecution as the
17executive director of the office.
AB231,7,18 18(4) Oversee, and set policy initiatives for, the executive director.
AB231,7,20 19(5) Review existing law or proposed legislation and make recommendations to
20the legislature.
AB231,17 21Section 17. 978.004 of the statutes is created to read:
AB231,7,23 22978.004 State prosecutors office executive director. (1) The executive
23director shall do all of the following:
AB231,7,2524 (a) Manage and direct the office subject to the policy initiatives set under s.
25978.003 (4).
AB231,8,2
1(b) Prepare and submit to the board for its approval a budget and any personnel
2and employment policies that the board requires.
AB231,8,43 (c) Prepare and submit to the board and other appropriate persons an annual
4report of the activities of the office in the form that the board directs.
AB231,8,65 (d) Represent the board before the governor, the legislature, bar associations,
6courts, and other appropriate entities.
AB231,8,137 (e) Appoint in the classified service an executive assistant and all other
8employees of the office. Before making an appointment under this paragraph, the
9executive director shall notify the board of any prospective appointment. If the board
10does not object to the prospective appointment within 7 working days after
11notification, the executive director may make the appointment. If the board objects
12to a prospective appointment, the executive director may not make the appointment
13until the board approves it.
AB231,8,2114 (f) Prepare fiscal estimates on bills affecting prosecutors or the office, including
15bills modifying or creating crimes or sentencing practices. To prepare a fiscal
16estimate, the executive director shall consult with and obtain data from district
17attorneys. The executive director shall transmit a draft fiscal estimate to the board.
18If the board does not object to the draft fiscal estimate within 7 working days after
19receiving it, the executive director may submit the fiscal estimate. If the board
20objects to a draft fiscal estimate, the executive director may not submit the fiscal
21estimate until the board approves it.
AB231,8,24 22(2) The executive director may identify methods and practices for district
23attorneys that promote professional competence, ethical practices, and
24evidence-based practices.
AB231,18 25Section 18. 978.005 of the statutes is created to read:
AB231,9,6
1978.005 Limits on board and executive director. Neither the board nor
2the executive director may make any decision regarding the handling of any case nor
3interfere with any district attorney in carrying out professional duties. Neither the
4board nor the office may interfere with or infringe upon the autonomy of a district
5attorney or upon the authority of a district attorney to manage his or her own
6prosecutorial unit.
AB231,19 7Section 19. 978.03 of the statutes is amended to read:
AB231,9,18 8978.03 Deputies and assistants in certain prosecutorial units. (1) The
9district attorney of any prosecutorial unit having a population of 500,000 or more
10may appoint 7 deputy district attorneys and such assistant district attorneys as may
11be requested by the department of administration, or by the board, and authorized
12in accordance with s. 16.505. The district attorney shall rank the deputy district
13attorneys for purposes of carrying out duties under this section. The deputies,
14according to rank, may perform any duty of the district attorney, under the district
15attorney's direction. In the absence or disability of the district attorney, the deputies,
16according to rank, may perform any act required by law to be performed by the
17district attorney. Any such deputy must have practiced law in this state for at least
182 years prior to appointment under this section.
AB231,9,25 19(1m) The district attorney of any prosecutorial unit having a population of
20200,000 or more but not more than 499,999 may appoint 3 deputy district attorneys
21and such assistant district attorneys as may be requested by the department of
22administration, or by the board, and authorized in accordance with s. 16.505. The
23district attorney shall rank the deputy district attorneys for purposes of carrying out
24duties under this section. The deputies, according to rank, may perform any duty
25of the district attorney, under the district attorney's direction. In the absence or

1disability of the district attorney, the deputies, according to rank, may perform any
2act required by law to be performed by the district attorney. Any such deputy must
3have practiced law in this state for at least 2 years prior to appointment under this
4section.
AB231,10,13 5(2) The district attorney of any prosecutorial unit having a population of
6100,000 or more but not more than 199,999 may appoint one deputy district attorney
7and such assistant district attorneys as may be requested by the department of
8administration, or by the board, and authorized in accordance with s. 16.505. The
9deputy may perform any duty of the district attorney, under the district attorney's
10direction. In the absence or disability of the district attorney, the deputy may
11perform any act required by law to be performed by the district attorney. The deputy
12must have practiced law in this state for at least 2 years prior to appointment under
13this section.
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