2017 - 2018 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO ASSEMBLY BILL 122
October 12, 2017 - Offered by Representative Tauchen.
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 5
973.075 (4); to amend
29.934 (1) (d), 961.55 (1) (intro.), 961.55 (3) (intro.), 6
961.55 (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., 9
973.076 (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), 13
973.075 (4) (a), 973.075 (5r), 973.076 (1) (b) 1m., 973.076 (3g), 973.076 (3m),
973.076 (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:
29.934 (1) (d) of the statutes is amended to read:
(d) The provisions of s. 973.075
(1) (b) 2m. and (5) (1m)
apply to boats 5
and vehicles, other than motor vehicles, under this subsection.
961.55 (1) (intro.) of the statutes is amended to read:
Subject to subs. (1g) and (1m), the
following are subject 8
961.55 (1) (d) (intro.) of the statutes is renumbered 961.55 (1) (d) 10
and amended to read:
(d) All vehicles which are used, or intended for use, to transport, or 12
in any manner to facilitate the transportation, for the purpose of sale or receipt of 13
property described in pars. (a) and (b) or for the purpose of transporting any property 14
or weapon used or to be used or received in the commission of any felony under this 15
chapter, but: except that a vehicle is not subject to forfeiture for a violation of s.
16961.41 (3g) (b) to (g).
961.55 (1) (d) 1. of the statutes is repealed.
961.55 (1) (d) 2. of the statutes is repealed.
961.55 (1) (d) 3. of the statutes is repealed.
961.55 (1) (d) 4. of the statutes is repealed.
961.55 (1g) of the statutes is created to read:
A judgment of forfeiture may not be entered under this chapter 2
unless a person is convicted of the criminal offense that was the basis for the seizure 3
of the item or that is related to the action for forfeiture.
961.55 (1k) of the statutes is created to read:
A person who has been subject to a seizure of property has a right 6
to a pretrial hearing under s. 968.20.
961.55 (1m) of the statutes is created to read:
The property of an innocent owner may not be forfeited. A person 9
who claims to be an innocent owner may follow the procedures under s. 961.555 (5).
961.55 (1r) of the statutes is created to read:
If a law enforcement officer or agency or state or local employee or 12
agency refers seized property to a federal agency directly, indirectly, by adoption, 13
through an intergovernmental joint task force, or by other means, for the purposes 14
of forfeiture litigation, the agency shall produce an itemized report of actual 15
forfeiture expenses, as defined in sub. (5) (b), and submit the report to the 16
department of administration to make it available on the department's website. If 17
there is a federal or state criminal conviction for the crime that was the basis for the 18
seizure, the agency may accept all proceeds. If there is no federal or state criminal 19
conviction, the agency may not accept any proceeds, except that the agency may 20
accept all proceeds if one of the following circumstances applies and is explained in 21
the report submitted under this subsection:
(a) The defendant has died.
(b) The defendant was deported by the U.S. government.
(c) The defendant has been granted immunity in exchange for testifying or 25
otherwise assisting a law enforcement investigation or prosecution.
(d) The defendant fled the jurisdiction.
(e) The property has been unclaimed for a period of at least 9 months.
961.55 (3) (intro.) of the statutes is amended to read:
(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 6
and ss. 961.555 and 961.56 shall be made with due provision for the rights of innocent 7
persons under sub. (1) (d) 1., 2. and 4. subs. (1g), (1k), and (1m).
Any property seized 8
but not forfeited shall be returned to its rightful owner. Any person claiming the 9
right to possession of property seized may apply for its return to the circuit court for 10
the county in which the property was seized. The court shall order such notice as it 11
deems adequate to be given the district attorney and all persons who have or may 12
have an interest in the property and shall hold a hearing to hear all claims to its true 13
ownership. If the right to possession is proved to the court's satisfaction, it shall 14
order the property returned if:
961.55 (5) (a) of the statutes is renumbered 961.55 (5) (a) (intro.) 16
and amended to read:
(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:
961.55 (5) (a) 1. of the statutes is created to read:
(a) 1. Sell the property and use a portion, not to exceed 50 percent, 22
of the amount received for payment of forfeiture expenses if the agency produces an 23
itemized report of actual forfeiture expenses and submits the report to the 24
department of administration to make it available on the department's website. The 25
remainder shall be deposited in the school fund as proceeds of the forfeiture.
961.55 (5) (a) 2. of the statutes is created to read:
(a) 2. Continue to retain the property, if the agency deposits 30 3
percent of the value of the vehicle, as determined by the department of revenue, in 4
the school fund as proceeds of the forfeiture. If the agency sells the vehicle at a later 5
time and receives as proceeds from the sale an amount in excess of the amount 6
previously deposited in the school fund, the agency shall deposit the excess in the 7
961.55 (5) (b) of the statutes is amended to read:
(b) Sell that which is not required to be destroyed by law and which 10
is not harmful to the public. The agency may use a portion, not to exceed
50 percent, 11
of 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 14
remainder shall be deposited in the school fund as proceeds of the forfeiture. In this 15paragraph subsection
, “forfeiture expenses" include all proper expenses of the 16
proceedings for forfeiture and sale, including expenses of seizure, maintenance of 17
custody, advertising, and court costs and the costs of investigation and prosecution 18
961.55 (5) (e) (intro.) of the statutes is renumbered 961.55 (5) (e) 20
and amended to read:
(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 23
forfeiture 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:.
961.55 (5) (e) 1. of the statutes is repealed.
961.55 (5) (e) 2. of the statutes is repealed.
961.555 (1) of the statutes is amended to read:
961.555 (1) Type of action; where brought.
In an action brought to cause the 7
forfeiture of any property seized under s. 961.55, the court may render a judgment 8
in rem or against a party personally, or both. The circuit court for the county in which 9
the property was seized shall have jurisdiction over any proceedings regarding the 10
property when the action is commenced in state court. Any Subject to s. 961.55 (1r),
property seized may be the subject of a federal forfeiture action.
961.555 (2) (a) of the statutes is amended to read:
(a) The district attorney of the county within which the property 14
was seized shall commence the forfeiture action within 30 days after the seizure of 15
the property, except that the defendant may request that and
the forfeiture 16
be adjourned until after
adjudication the defendant is convicted
any 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 24
summons, complaint and affidavit of the person who seized the property with the 25
clerk of circuit court, provided service of authenticated copies of those papers is made
in accordance with ch. 801 within 90 days after filing upon the person from whom 2
the property was seized and upon any person known to have a bona fide perfected 3
security interest in the property.
961.555 (2) (am) of the statutes is created to read:
(am) Upon motion by the prosecuting attorney, the court may waive 6
the conviction requirement under par. (a) if the prosecuting attorney shows by clear 7
and convincing evidence that any of the following applies:
1. The defendant has died.