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
1An Act to repeal
978.001 (1p) and 978.11; to amend
13.093 (2) (a), 16.971 (9), 2
16.971 (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
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:
13.093 (2) (a) of the statutes is amended to read:
(a) Any bill making an appropriation, any bill increasing or 3
decreasing existing appropriations or state or general local government fiscal 4
liability or revenues, and any bill that modifies an existing surcharge or creates a 5
new surcharge that is imposed under ch. 814, shall, before any vote is taken thereon 6
by either house of the legislature if the bill is not referred to a standing committee, 7
or before any public hearing is held before any standing committee or, if no public 8
hearing is held, before any vote is taken by the committee, incorporate a reliable 9
estimate of the anticipated change in appropriation authority or state or general 10
local government fiscal liability or revenues under the bill, including to the extent 11
possible a projection of such changes in future biennia. The estimate shall also 12
indicate whether any increased costs incurred by the state under the bill can be 13
mitigated through the use of contractual service contracts let in accordance with 14
competitive procedures. For purposes of this paragraph, a bill increasing or 15
decreasing the liability or revenues of the unemployment reserve fund is considered 16
to increase or decrease state fiscal liability or revenues. Except as otherwise 17
provided by joint rules of the legislature or this paragraph, such estimates shall be 18
made by the department or agency administering the appropriation or fund or
collecting the revenue. The legislative council staff shall prepare the fiscal estimate 2
with respect to the provisions of any bill referred to the joint survey committee on 3
retirement systems which create or modify any system for, or make any provision for, 4
the retirement of or payment of pensions to public officers or employees. The director 5
of state courts shall prepare the fiscal estimate with respect to the provisions of any 6
bill that modifies an existing surcharge or creates a new surcharge that is imposed 7
under 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
When a fiscal estimate is prepared after the bill has been 11
introduced, it shall be printed and distributed as are amendments.
13.0967 of the statutes is created to read:
1313.0967 Review of bills affecting state prosecutors office.
Any bill that 14
is introduced in either house of the legislature that directly affects the state 15
prosecutors office shall have a notation to that effect on its jacket when the jacket is 16
prepared. When a bill that has that notation on the jacket is introduced, the 17
legislative reference bureau shall submit a copy of the bill to the state prosecutors 18
15.77 of the statutes is created to read:
2015.77 Prosecutor board.
There is created a prosecutor board consisting of 21
11 members, appointed for staggered 3-year terms, as follows:
From each district under s. 752.11 (1) (b), (c), and (d), 2 district attorneys 23
appointed by a majority of district attorneys from the district.
From the district under s. 752.11 (1) (a), the district attorney and a deputy 25
district attorney appointed by the district attorney.
Two nonelected prosecutors, each from a different county, appointed by a 2
majority of nonelected prosecutors. Under this subsection, “prosecutor” does not 3
include a special prosecutor appointed under s. 978.045 or 978.05 (8) (b).
The attorney general or his or her designee.
16.971 (9) of the statutes is amended to read:
In conjunction with the public defender board, the prosecutor board, 7
the director of state courts, and
the departments of corrections and justice and
, the department may maintain, promote and coordinate 9
automated justice information systems that are compatible among counties and the 10
officers and agencies specified in this subsection, using the moneys appropriated 11
under s. 20.505 (1) (kh), (kp), and (kq). The department shall annually report to the 12
legislature under s. 13.172 (2) concerning the department's efforts to improve and 13
increase the efficiency of integration of justice information systems.
16.971 (10) of the statutes is amended to read:
The department shall maintain, and provide the department of 16
justice and the state prosecutors office
with general access to, a case management 17
system that allows the state prosecutors office and
district attorneys to manage all 18
case-related information and share the information among prosecutors.
20.005 (3) (schedule) of the statutes: at the appropriate place, insert 20
the following amounts for the purposes indicated:
- See PDF for table
20.548 of the statutes is created to read:
220.548 Prosecutor board.
There is appropriated to the prosecutor board for 3
the following program:
4(1) Coordination and administration of prosecutor functions.
The amounts in the schedule for program administration costs of 6
the office of state prosecutors.
(g) Gifts, grants, and proceeds.
All moneys received from gifts and grants and 8
all proceeds from services, conferences, and sales of publications and promotional 9
materials for the purposes for which made or received.
20.923 (4) (f) 7x. of the statutes is created to read:
(f) 7x. State prosecutors office: executive director.
20.923 (6) (hs) of the statutes is created to read:
(hs) State prosecutors office: legislative liaison.
227.112 of the statutes is created to read:
15227.112 Review of rules affecting state prosecutors office. (1) Report
16on rules affecting state prosecutors office.
If a proposed rule directly affects the 17
state prosecutors office, the agency proposing the rule shall, prior to submitting the 18
proposed rule to the legislative council staff under s. 227.15, submit the proposed 19
rule to the state prosecutors office. The state prosecutors office shall prepare a report
on the proposed rule before it is submitted to the legislative council staff under s. 2
227.15. The state prosecutors office may request any information from other state 3
agencies, local governments, individuals, or organizations that is reasonably 4
necessary for the office to prepare the report. The state prosecutors office shall 5
prepare the report within 30 days after the rule is submitted to the office.
6(2) Findings of the office to be contained in the report.
The report of the 7
state prosecutors office shall contain information about the effect of the proposed 8
rule on the state prosecutors office.
This section does not apply to emergency rules promulgated 10
under s. 227.24.
227.19 (3) (em) of the statutes is created to read:
(em) The report of the state prosecutors office, if the proposed rule 13
directly affects the state prosecutors office.
230.08 (2) (qp) of the statutes is created to read:
(qp) The executive director and legislative liaison in the office of 16
230.33 (1) of the statutes is amended to read:
A person appointed to an unclassified position by the governor, 19
elected officer, judicial body, or prosecutor board,
or by a legislative body or 20
committee shall be granted a leave of absence without pay for the duration of the 21
appointment and for 3 months thereafter, during which time the person has 22
restoration rights to the former position or equivalent position in the department in 23
which last employed in a classified position without loss of seniority. The person 24
shall also have reinstatement privileges for 5 years following appointment to the 25
unclassified service or for one year after termination of the unclassified appointment
whichever is longer. Restoration rights and reinstatement privileges shall be 2
forfeited if the reason for termination of the unclassified appointment would also be 3
reason for discharge from the former position in the classified service.
978.001 (1b), (1d) and (1n) of the statutes are created to read:
“Board" means the prosecutor board.
“Executive director" means the executive director appointed under s. 7
“Office" means the state prosecutors office.
978.001 (1p) of the statutes is repealed.
978.003 of the statutes is created to read:
11978.003 Board; duties.
The board shall do all of the following:
Submit the budget in accordance with s. 16.42 after the executive director 13
submits the budget to the board and the board approves it.
At least annually submit to the joint committee on finance 15
recommendations on the allocation of prosecutor resources.
Appoint an attorney with experience in criminal prosecution as the 17
executive director of the office.
Oversee, and set policy initiatives for, the executive director.
Review existing law or proposed legislation and make recommendations to 20
978.004 of the statutes is created to read:
22978.004 State prosecutors office executive director. (1)
The executive 23
director shall do all of the following:
(a) Manage and direct the office subject to the policy initiatives set under s. 25
(b) Prepare and submit to the board for its approval a budget and any personnel 2
and employment policies that the board requires.
(c) Prepare and submit to the board and other appropriate persons an annual 4
report of the activities of the office in the form that the board directs.
(d) Represent the board before the governor, the legislature, bar associations, 6
courts, and other appropriate entities.
(e) Appoint in the classified service an executive assistant and all other 8
employees of the office. Before making an appointment under this paragraph, the 9
executive director shall notify the board of any prospective appointment. If the board 10
does not object to the prospective appointment within 7 working days after 11
notification, the executive director may make the appointment. If the board objects 12
to a prospective appointment, the executive director may not make the appointment 13
until the board approves it.
(f) Prepare fiscal estimates on bills affecting prosecutors or the office, including 15
bills modifying or creating crimes or sentencing practices. To prepare a fiscal 16
estimate, the executive director shall consult with and obtain data from district 17
attorneys. The executive director shall transmit a draft fiscal estimate to the board. 18
If the board does not object to the draft fiscal estimate within 7 working days after 19
receiving it, the executive director may submit the fiscal estimate. If the board 20
objects to a draft fiscal estimate, the executive director may not submit the fiscal 21
estimate until the board approves it.
The executive director may identify methods and practices for district 23
attorneys that promote professional competence, ethical practices, and 24
978.005 of the statutes is created to read:
1978.005 Limits on board and executive director.
Neither the board nor 2
the executive director may make any decision regarding the handling of any case nor 3
interfere with any district attorney in carrying out professional duties. Neither the 4
board nor the office may interfere with or infringe upon the autonomy of a district 5
attorney or upon the authority of a district attorney to manage his or her own 6
978.03 of the statutes is amended to read:
8978.03 Deputies and assistants in certain prosecutorial units. (1)
district attorney of any prosecutorial unit having a population of 500,000 or more 10
may appoint 7 deputy district attorneys and such assistant district attorneys as may 11
be requested by the department of administration, or by the board,
and authorized 12
in accordance with s. 16.505. The district attorney shall rank the deputy district 13
attorneys for purposes of carrying out duties under this section. The deputies, 14
according to rank, may perform any duty of the district attorney, under the district 15
attorney's direction. In the absence or disability of the district attorney, the deputies, 16
according to rank, may perform any act required by law to be performed by the 17
district attorney. Any such deputy must have practiced law in this state for at least 18
2 years prior to appointment under this section.
The district attorney of any prosecutorial unit having a population of 20
200,000 or more but not more than 499,999 may appoint 3 deputy district attorneys 21
and such assistant district attorneys as may be requested by the department of 22
administration, or by the board,
and authorized in accordance with s. 16.505. The 23
district attorney shall rank the deputy district attorneys for purposes of carrying out 24
duties under this section. The deputies, according to rank, may perform any duty 25
of the district attorney, under the district attorney's direction. In the absence or
disability of the district attorney, the deputies, according to rank, may perform any 2
act required by law to be performed by the district attorney. Any such deputy must 3
have practiced law in this state for at least 2 years prior to appointment under this 4
The district attorney of any prosecutorial unit having a population of 6
100,000 or more but not more than 199,999 may appoint one deputy district attorney 7
and such assistant district attorneys as may be requested by the department of 8
administration, or by the board,
and authorized in accordance with s. 16.505. The 9
deputy may perform any duty of the district attorney, under the district attorney's 10
direction. In the absence or disability of the district attorney, the deputy may 11
perform any act required by law to be performed by the district attorney. The deputy 12
must have practiced law in this state for at least 2 years prior to appointment under 13
Any assistant district attorney under sub. (1), (1m), or (2) must be an 15
attorney admitted to practice law in this state and, except as provided in s. 978.043 16
(1), may perform any duty required by law to be performed by the district attorney. 17
The district attorney of the prosecutorial unit under sub. (1), (1m), or (2) may appoint 18
such temporary counsel as may be authorized by the department of administration 19board
978.045 (1g) of the statutes is amended to read:
A court on its own motion may appoint a special prosecutor under 22
sub. (1r) or a district attorney may request a court to appoint a special prosecutor 23
under that subsection. Before a court appoints a special prosecutor on its own motion 24
or at the request of a district attorney for an appointment that exceeds 6 hours per 25
case, the court or district attorney shall request assistance from a district attorney,
deputy district attorney or assistant district attorney from other prosecutorial units 2
or an assistant attorney general. A district attorney requesting the appointment of 3
a special prosecutor, or a court if the court is appointing a special prosecutor on its 4
own motion, shall notify the department of administration, on a form provided by
5that department, of office that
or the court's inability 6court, whichever is appropriate, is unable
to obtain assistance from another 7
prosecutorial unit or from an assistant attorney general.
978.045 (1r) (bm) (intro.) of the statutes is amended to read: