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LRBs0073/1
CMH&MLJ:kjf/wlj/amn
2017 - 2018 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 122
May 25, 2017 - Offered by Representative Tauchen.
AB122-ASA1,2,2 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) (e) 1., 961.55 (5) (e) 2., 973.075 (1) (b) 2m. and 973.075 (5m);
3to renumber 973.075 (1) (b) 1m. a. to h.; to renumber and amend 961.55 (1)
4(d) (intro.), 961.55 (5) (e) (intro.), 973.075 (1) (b) 1m. (intro.) and 973.075 (4); to
5amend
29.934 (1) (d), 961.55 (1) (intro.), 961.55 (3) (intro.), 961.55 (5) (a),
6961.55 (5) (b), 961.555 (1), 961.555 (2) (a), 961.555 (3), 968.20 (1), 968.20 (1g)
7(intro.) and (a), 973.075 (1) (intro.), 973.075 (1) (bg), 973.075 (1) (bm), 973.075
8(1) (d), 973.075 (1) (e), 973.075 (5) (intro.), 973.076 (1) (a), 973.076 (1) (b) 1.,
9973.076 (2m) (a) and 973.076 (3); and to create 961.55 (1g), 961.55 (1k), 961.55
10(1m), 961.55 (1r), 961.555 (2) (am), 961.555 (2m), 961.555 (3g), 961.555 (3m),
11961.555 (5), 961.555 (6), 961.555 (7), 968.20 (1g) (am), 968.20 (1h), 973.075 (1g),
12973.075 (1k), 973.075 (1m), 973.075 (1r), 973.075 (4) (a), 973.075 (5r), 973.076

1(1) (b) 1m., 973.076 (3g), 973.076 (3m), 973.076 (5), 973.076 (6) and 973.076 (7)
2of the statutes; relating to: forfeiture of property seized in relation to a crime.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB122-ASA1,1 3Section 1. 29.934 (1) (d) of the statutes is amended to read:
AB122-ASA1,2,54 29.934 (1) (d) The provisions of s. 973.075 (1) (b) 2m. and (5) (1m) apply to boats
5and vehicles, other than motor vehicles, under this subsection.
AB122-ASA1,2 6Section 2. 961.55 (1) (intro.) of the statutes is amended to read:
AB122-ASA1,2,87 961.55 (1) (intro.) The Subject to subs. (1g) and (1m), the following are subject
8to forfeiture:
AB122-ASA1,3 9Section 3. 961.55 (1) (d) (intro.) of the statutes is renumbered 961.55 (1) (d)
10and amended to read:
AB122-ASA1,2,1611 961.55 (1) (d) All vehicles which are used, or intended for use, to transport, or
12in any manner to facilitate the transportation, for the purpose of sale or receipt of
13property described in pars. (a) and (b) or for the purpose of transporting any property
14or weapon used or to be used or received in the commission of any felony under this
15chapter, but: except that a vehicle is not subject to forfeiture for a violation of s.
16961.41 (3g) (b) to (g).
AB122-ASA1,4 17Section 4. 961.55 (1) (d) 1. of the statutes is repealed.
AB122-ASA1,5 18Section 5. 961.55 (1) (d) 2. of the statutes is repealed.
AB122-ASA1,6 19Section 6. 961.55 (1) (d) 3. of the statutes is repealed.
AB122-ASA1,7 20Section 7. 961.55 (1) (d) 4. of the statutes is repealed.
AB122-ASA1,8 21Section 8. 961.55 (1g) of the statutes is created to read:
AB122-ASA1,3,3
1961.55 (1g) A judgment of forfeiture may not be entered under this chapter
2unless a person is convicted of the criminal offense that was the basis for the seizure
3of the item or that is related to the action for forfeiture.
AB122-ASA1,9 4Section 9. 961.55 (1k) of the statutes is created to read:
AB122-ASA1,3,65 961.55 (1k) A person who has been subject to a seizure of property has a right
6to a pretrial hearing under s. 968.20.
AB122-ASA1,10 7Section 10. 961.55 (1m) of the statutes is created to read:
AB122-ASA1,3,98 961.55 (1m) The property of an innocent owner may not be forfeited. A person
9who claims to be an innocent owner may follow the procedures under s. 961.555 (5).
AB122-ASA1,11 10Section 11 . 961.55 (1r) of the statutes is created to read:
AB122-ASA1,3,1911 961.55 (1r) If a law enforcement officer or agency or state or local employee or
12agency refers seized property to a federal agency directly, indirectly, by adoption,
13through an intergovernmental joint task force, or by other means, for the purposes
14of forfeiture litigation, the agency shall produce an itemized report of actual
15forfeiture expenses, as defined in sub. (5) (b), and submit the report to the
16department of administration to make it available on the department's website. If
17there is a federal criminal conviction for the crime that was the basis for the seizure,
18the agency may accept all proceeds. If there is no federal criminal conviction, the
19agency may not accept any proceeds.
AB122-ASA1,12 20Section 12. 961.55 (3) (intro.) of the statutes is amended to read:
AB122-ASA1,4,621 961.55 (3) (intro.) In the event of seizure under sub. (2), proceedings under sub.
22(4) shall be instituted promptly. All dispositions and forfeitures under this section
23and ss. 961.555 and 961.56 shall be made with due provision for the rights of innocent
24persons under sub. (1) (d) 1., 2. and 4. subs. (1g), (1k), and (1m). Any property seized
25but not forfeited shall be returned to its rightful owner. Any person claiming the

1right to possession of property seized may apply for its return to the circuit court for
2the county in which the property was seized. The court shall order such notice as it
3deems adequate to be given the district attorney and all persons who have or may
4have an interest in the property and shall hold a hearing to hear all claims to its true
5ownership. If the right to possession is proved to the court's satisfaction, it shall
6order the property returned if:
AB122-ASA1,13 7Section 13 . 961.55 (5) (a) of the statutes is amended to read:
AB122-ASA1,4,138 961.55 (5) (a) Retain If the property is a vehicle, retain it for official use, after
9depositing 30 percent of the value of the vehicle, as determined by the department
10of revenue, in the school fund as proceeds of the forfeiture. If the agency sells the
11vehicle at a later time and receives as proceeds from the sale an amount in excess of
12the amount previously deposited in the school fund, the agency shall deposit the
13excess in the school fund
.
AB122-ASA1,14 14Section 14 . 961.55 (5) (b) of the statutes is amended to read:
AB122-ASA1,4,2415 961.55 (5) (b) Sell that which is not required to be destroyed by law and which
16is not harmful to the public. The agency may use a portion, not to exceed 50 percent,
17of the amount received for payment of forfeiture expenses if the agency produces an
18itemized report of actual forfeiture expenses and submits the report to the
19department of administration to make it available on the department's website
. The
20remainder shall be deposited in the school fund as proceeds of the forfeiture. In this
21paragraph, “forfeiture expenses" include all proper expenses of the proceedings for
22forfeiture and sale, including expenses of seizure, maintenance of custody,
23advertising, and court costs and the costs of investigation and prosecution
24reasonably incurred.
AB122-ASA1,15
1Section 15. 961.55 (5) (e) (intro.) of the statutes is renumbered 961.55 (5) (e)
2and amended to read:
AB122-ASA1,5,83 961.55 (5) (e) If the property forfeited is money, retain the sum of all of the
4following
a portion, not to exceed 50 percent, of the amount received for payment of
5forfeiture expenses, as defined in par. (b), if the agency produces an itemized report
6of actual forfeiture expenses and submits the report to the department of
7administration to make it available on the department's website
and deposit the
8remainder money in the school fund:.
AB122-ASA1,16 9Section 16. 961.55 (5) (e) 1. of the statutes is repealed.
AB122-ASA1,17 10Section 17. 961.55 (5) (e) 2. of the statutes is repealed.
AB122-ASA1,18 11Section 18 . 961.555 (1) of the statutes is amended to read:
AB122-ASA1,5,1712 961.555 (1) Type of action; where brought. In an action brought to cause the
13forfeiture of any property seized under s. 961.55, the court may render a judgment
14in rem or against a party personally, or both. The circuit court for the county in which
15the property was seized shall have jurisdiction over any proceedings regarding the
16property when the action is commenced in state court. Any Subject to s. 961.55 (1r),
17any
property seized may be the subject of a federal forfeiture action.
AB122-ASA1,19 18Section 19. 961.555 (2) (a) of the statutes is amended to read:
AB122-ASA1,6,919 961.555 (2) (a) The district attorney of the county within which the property
20was seized shall commence the forfeiture action within 30 days after the seizure of
21the property, except that the defendant may request that and the forfeiture
22proceedings shall be adjourned until after adjudication the defendant is convicted of
23any charge concerning a crime which was the basis for the seizure of the property.
24The request shall be granted If property is seized, a charge shall be issued within 6
25months after the seizure, except that an unlimited number of 6-month extensions

1may be granted if, for each extension, a judge determines probable cause is shown
2and the additional time is warranted. If no charge is issued within 6 months after
3the seizure, or a 6-month extension is not granted, the seized property shall be
4returned to the owner
. The forfeiture action shall be commenced by filing a
5summons, complaint and affidavit of the person who seized the property with the
6clerk of circuit court, provided service of authenticated copies of those papers is made
7in accordance with ch. 801 within 90 days after filing upon the person from whom
8the property was seized and upon any person known to have a bona fide perfected
9security interest in the property.
AB122-ASA1,20 10Section 20. 961.555 (2) (am) of the statutes is created to read:
AB122-ASA1,6,1311 961.555 (2) (am) Upon motion by the prosecuting attorney, the court may waive
12the conviction requirement under par. (a) if the prosecuting attorney shows by clear
13and convincing evidence that any of the following applies:
AB122-ASA1,6,1414 1. The defendant has died.
AB122-ASA1,6,1515 2. The defendant was deported by the U.S. government.
AB122-ASA1,6,1716 3. The defendant has been granted immunity in exchange for testifying or
17otherwise assisting a law enforcement investigation or prosecution.
AB122-ASA1,6,1918 4. The defendant fled the jurisdiction after an arrest warrant had been issued
19for a crime that includes the forfeiture of property.
AB122-ASA1,6,2120 5. The defendant fled the jurisdiction after being arrested, charged with a crime
21that includes the forfeiture of property, and released on bail.
AB122-ASA1,6,2222 6. The property has been unclaimed for a period of at least 2 years.
AB122-ASA1,6,2423 7. The property is contraband that is subject to forfeiture under s. 961.55 (6),
24(6m), or (7).
AB122-ASA1,21 25Section 21 . 961.555 (2m) of the statutes is created to read:
AB122-ASA1,7,4
1961.555 (2m) Criminal forfeitures. (a) In addition to any penalties under this
2chapter, the court shall, with due provision for the rights of innocent persons in
3accordance with sub. (5), order forfeiture of any property specified in s. 961.55 (1) in
4accordance with pars. (b), (c), and (d).
AB122-ASA1,7,105 (b) A criminal complaint must allege the extent of property subject to forfeiture
6under this subsection. At trial, the court or the jury shall return a special verdict
7determining the extent of property, if any, that is subject to forfeiture under this
8subsection. When a special verdict contains a finding of property subject to a
9forfeiture under this subsection, a judgment of criminal forfeiture shall be entered
10along with the judgment of conviction under s. 972.13.
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