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LRBs0127/1
CMH&MLJ:all
2017 - 2018 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO ASSEMBLY BILL 122
October 12, 2017 - Offered by Representative Tauchen.
AB122-ASA2,2,2 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) (a), 961.55 (5) (e) (intro.), 973.075 (1) (b) 1m. (intro.) and
5973.075 (4); to amend 29.934 (1) (d), 961.55 (1) (intro.), 961.55 (3) (intro.),
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), 961.55 (5) (a) 1., 961.55 (5) (a) 2., 961.555 (2) (am), 961.555
11(2m), 961.555 (3g), 961.555 (3m), 961.555 (5), 961.555 (6), 961.555 (7), 968.20
12(1g) (am), 968.20 (1h), 973.075 (1g), 973.075 (1k), 973.075 (1m), 973.075 (1r),
13973.075 (4) (a), 973.075 (5r), 973.076 (1) (b) 1m., 973.076 (3g), 973.076 (3m),

1973.076 (5), 973.076 (6) and 973.076 (7) of the statutes; relating to: forfeiture
2of property seized in relation to a crime.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB122-ASA2,1 3Section 1. 29.934 (1) (d) of the statutes is amended to read:
AB122-ASA2,2,54 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-ASA2,2 6Section 2. 961.55 (1) (intro.) of the statutes is amended to read:
AB122-ASA2,2,87 961.55 (1) (intro.) The Subject to subs. (1g) and (1m), the following are subject
8to forfeiture:
AB122-ASA2,3 9Section 3. 961.55 (1) (d) (intro.) of the statutes is renumbered 961.55 (1) (d)
10and amended to read:
AB122-ASA2,2,1611 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-ASA2,4 17Section 4. 961.55 (1) (d) 1. of the statutes is repealed.
AB122-ASA2,5 18Section 5. 961.55 (1) (d) 2. of the statutes is repealed.
AB122-ASA2,6 19Section 6. 961.55 (1) (d) 3. of the statutes is repealed.
AB122-ASA2,7 20Section 7. 961.55 (1) (d) 4. of the statutes is repealed.
AB122-ASA2,8 21Section 8. 961.55 (1g) of the statutes is created to read:
AB122-ASA2,3,3
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-ASA2,9 4Section 9. 961.55 (1k) of the statutes is created to read:
AB122-ASA2,3,65 961.55 (1k) A person who has been subject to a seizure of property has a right
6to a pretrial hearing under s. 968.20.
AB122-ASA2,10 7Section 10. 961.55 (1m) of the statutes is created to read:
AB122-ASA2,3,98 961.55 (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-ASA2,11 10Section 11 . 961.55 (1r) of the statutes is created to read:
AB122-ASA2,3,2111 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 or state criminal conviction for the crime that was the basis for the
18seizure, the agency may accept all proceeds. If there is no federal or state criminal
19conviction, the agency may not accept any proceeds, except that the agency may
20accept all proceeds if one of the following circumstances applies and is explained in
21the report submitted under this subsection:
AB122-ASA2,3,2222 (a) The defendant has died.
AB122-ASA2,3,2323 (b) The defendant was deported by the U.S. government.
AB122-ASA2,3,2524 (c) The defendant has been granted immunity in exchange for testifying or
25otherwise assisting a law enforcement investigation or prosecution.
AB122-ASA2,4,1
1(d) The defendant fled the jurisdiction.
AB122-ASA2,4,22 (e) The property has been unclaimed for a period of at least 9 months.
AB122-ASA2,12 3Section 12. 961.55 (3) (intro.) of the statutes is amended to read:
AB122-ASA2,4,144 961.55 (3) (intro.) In the event of seizure under sub. (2), proceedings under sub.
5(4) shall be instituted promptly. All dispositions and forfeitures under this section
6and ss. 961.555 and 961.56 shall be made with due provision for the rights of innocent
7persons under sub. (1) (d) 1., 2. and 4. subs. (1g), (1k), and (1m). Any property seized
8but not forfeited shall be returned to its rightful owner. Any person claiming the
9right to possession of property seized may apply for its return to the circuit court for
10the county in which the property was seized. The court shall order such notice as it
11deems adequate to be given the district attorney and all persons who have or may
12have an interest in the property and shall hold a hearing to hear all claims to its true
13ownership. If the right to possession is proved to the court's satisfaction, it shall
14order the property returned if:
AB122-ASA2,13 15Section 13. 961.55 (5) (a) of the statutes is renumbered 961.55 (5) (a) (intro.)
16and amended to read:
AB122-ASA2,4,1917 961.55 (5) (a) (intro.) Retain If the property is a vehicle, retain it for official use.
18for a period of up to one year. Before the end of that period, the agency shall do one
19of the following:
AB122-ASA2,14 20Section 14. 961.55 (5) (a) 1. of the statutes is created to read:
AB122-ASA2,4,2521 961.55 (5) (a) 1. Sell the property and use a portion, not to exceed 50 percent,
22of the amount received for payment of forfeiture expenses if the agency produces an
23itemized report of actual forfeiture expenses and submits the report to the
24department of administration to make it available on the department's website. The
25remainder shall be deposited in the school fund as proceeds of the forfeiture.
AB122-ASA2,15
1Section 15. 961.55 (5) (a) 2. of the statutes is created to read:
AB122-ASA2,5,72 961.55 (5) (a) 2. Continue to retain the property, if the agency deposits 30
3percent of the value of the vehicle, as determined by the department of revenue, in
4the school fund as proceeds of the forfeiture. If the agency sells the vehicle at a later
5time and receives as proceeds from the sale an amount in excess of the amount
6previously deposited in the school fund, the agency shall deposit the excess in the
7school fund.
AB122-ASA2,16 8Section 16 . 961.55 (5) (b) of the statutes is amended to read:
AB122-ASA2,5,189 961.55 (5) (b) Sell that which is not required to be destroyed by law and which
10is not harmful to the public. The agency may use a portion, not to exceed 50 percent,
11of the amount received for payment of forfeiture expenses if the agency produces an
12itemized report of actual forfeiture expenses and submits the report to the
13department of administration to make it available on the department's website
. The
14remainder shall be deposited in the school fund as proceeds of the forfeiture. In this
15paragraph subsection, “forfeiture expenses" include all proper expenses of the
16proceedings for forfeiture and sale, including expenses of seizure, maintenance of
17custody, advertising, and court costs and the costs of investigation and prosecution
18reasonably incurred.
AB122-ASA2,17 19Section 17. 961.55 (5) (e) (intro.) of the statutes is renumbered 961.55 (5) (e)
20and amended to read:
AB122-ASA2,6,221 961.55 (5) (e) If the property forfeited is money, retain the sum of all of the
22following
a portion, not to exceed 50 percent, of the amount received for payment of
23forfeiture expenses, as defined in par. (b), if the agency produces an itemized report
24of actual forfeiture expenses and submits the report to the department of

1administration to make it available on the department's website
and deposit the
2remainder money in the school fund:.
AB122-ASA2,18 3Section 18. 961.55 (5) (e) 1. of the statutes is repealed.
AB122-ASA2,19 4Section 19. 961.55 (5) (e) 2. of the statutes is repealed.
AB122-ASA2,20 5Section 20 . 961.555 (1) of the statutes is amended to read:
AB122-ASA2,6,116 961.555 (1) Type of action; where brought. In an action brought to cause the
7forfeiture of any property seized under s. 961.55, the court may render a judgment
8in rem or against a party personally, or both. The circuit court for the county in which
9the property was seized shall have jurisdiction over any proceedings regarding the
10property when the action is commenced in state court. Any Subject to s. 961.55 (1r),
11any
property seized may be the subject of a federal forfeiture action.
AB122-ASA2,21 12Section 21. 961.555 (2) (a) of the statutes is amended to read:
AB122-ASA2,7,313 961.555 (2) (a) The district attorney of the county within which the property
14was seized shall commence the forfeiture action within 30 days after the seizure of
15the property, except that the defendant may request that and the forfeiture
16proceedings shall be adjourned until after adjudication the defendant is convicted of
17any charge concerning a crime which was the basis for the seizure of the property.
18The request shall be granted If property is seized, a charge shall be issued within 6
19months after the seizure, except that an unlimited number of 6-month extensions
20may be granted if, for each extension, a judge determines probable cause is shown
21and the additional time is warranted. If no charge is issued within 6 months after
22the seizure, or a 6-month extension is not granted, the seized property shall be
23returned to the owner
. The forfeiture action shall be commenced by filing a
24summons, complaint and affidavit of the person who seized the property with the
25clerk of circuit court, provided service of authenticated copies of those papers is made

1in accordance with ch. 801 within 90 days after filing upon the person from whom
2the property was seized and upon any person known to have a bona fide perfected
3security interest in the property.
AB122-ASA2,22 4Section 22. 961.555 (2) (am) of the statutes is created to read:
AB122-ASA2,7,75 961.555 (2) (am) Upon motion by the prosecuting attorney, the court may waive
6the conviction requirement under par. (a) if the prosecuting attorney shows by clear
7and convincing evidence that any of the following applies:
AB122-ASA2,7,88 1. The defendant has died.
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