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AB122-ASA2,7,1514 6. The property is contraband that is subject to forfeiture under s. 961.55 (6),
15(6m), or (7).
AB122-ASA2,23 16Section 23 . 961.555 (2m) of the statutes is created to read:
AB122-ASA2,7,2017 961.555 (2m) Criminal forfeitures. (a) In addition to any penalties under this
18chapter, the court shall, with due provision for the rights of innocent persons in
19accordance with sub. (5), order forfeiture of any property specified in s. 961.55 (1) in
20accordance with pars. (b), (c), and (d).
AB122-ASA2,8,221 (b) A criminal complaint must allege the extent of property subject to forfeiture
22under this subsection. At trial, the court or the jury shall return a special verdict
23determining the extent of property, if any, that is subject to forfeiture under this
24subsection. When a special verdict contains a finding of property subject to a

1forfeiture under this subsection, a judgment of criminal forfeiture shall be entered
2along with the judgment of conviction under s. 972.13.
AB122-ASA2,8,93 (c) An injured person has a right or claim to forfeited property or the proceeds
4derived from forfeited property under this subsection that is superior to any right or
5claim the state has in the property or proceeds. This paragraph does not grant the
6injured person priority over state claims or rights by reason of a tax lien or other basis
7not covered by this section or by s. 961.55 or 961.56. All rights, titles, and interest
8in property specified in s. 961.55 (1) vest in the state upon the commission of the act
9giving rise to forfeiture under this subsection.
AB122-ASA2,8,1810 (d) An injured or innocent person may petition the court for relief from the
11judgment of criminal forfeiture entered under par. (b) within 30 days after it is
12entered. The person filing the petition has the burden of satisfying or convincing to
13a reasonable certainty by the greater weight of the evidence that the person has a
14bona fide perfected security interest in the property subject to forfeiture in s. 961.55
15(1) or any other property subject to forfeiture in sub. (4). The court may order that
16a person with a bona fide perfected security interest be paid from the proceeds of the
17forfeiture or any other equitable relief necessary so as to do substantial justice to the
18person.
AB122-ASA2,24 19Section 24 . 961.555 (3) of the statutes is amended to read:
AB122-ASA2,8,2220 961.555 (3) Burden of proof. The state shall have the burden of satisfying or
21proving by clear and convincing to a reasonable certainty by the greater weight of the
22credible
evidence that the property is subject to forfeiture under s. 961.55.
AB122-ASA2,25 23Section 25 . 961.555 (3g) of the statutes is created to read:
AB122-ASA2,9,224 961.555 (3g) Privileges. The defendant or convicted offender may invoke the
25right against self-incrimination or the marital privilege during the

1forfeiture-related stage of the prosecution. The trier of fact at the hearing may draw
2an adverse inference from the invocation of the right or privilege.
AB122-ASA2,26 3Section 26. 961.555 (3m) of the statutes is created to read:
AB122-ASA2,9,74 961.555 (3m) Proportionality. (a) The court may not order the forfeiture of
5property if the court finds that the forfeiture is grossly disproportional to the crime
6for which the person whose property was seized was convicted or that the forfeiture
7is unconstitutionally excessive under the state or federal constitution.
AB122-ASA2,9,128 (b) A person who is alleging that the forfeiture is grossly disproportional or is
9unconstitutionally excessive under this subsection shall have the burden of
10satisfying or convincing to a reasonable certainty by the greater weight of the
11credible evidence that the forfeiture is grossly disproportional or unconstitutionally
12excessive.
AB122-ASA2,9,1413 (c) In determining whether the forfeiture is grossly disproportional or
14unconstitutionally excessive, the court shall consider the following:
AB122-ASA2,9,1515 1. The seriousness of the offense.
AB122-ASA2,9,1616 2. The purpose of the statute authorizing the forfeiture.
AB122-ASA2,9,1717 3. The maximum fine for the offense.
AB122-ASA2,9,1818 4. The harm that actually resulted from the defendant's conduct.
AB122-ASA2,9,2119 (d) In determining whether the forfeiture is grossly disproportional or
20unconstitutionally excessive, the court may not consider the value of the property to
21the state.
AB122-ASA2,27 22Section 27 . 961.555 (5) of the statutes is created to read:
AB122-ASA2,9,2523 961.555 (5) Innocent owners. (a) Notwithstanding sub. (2) (a), a person who
24claims to have an ownership interest in property subject to forfeiture as an innocent
25owner may petition the court for the return of his or her seized property at any time.
AB122-ASA2,10,5
1(b) A person who has an ownership interest in property subject to forfeiture
2that exists at the occurrence of the illegal conduct giving rise to the forfeiture and
3who claims to be an innocent owner has the burden of proving by clear and convincing
4evidence that he or she has a legal right, title, or interest in the property seized under
5this chapter.
AB122-ASA2,10,96 (c) If the requisite showing under par. (b) has been made, in order to proceed
7with a forfeiture action against the property, the state has the burden of proving by
8clear and convincing evidence that the person had actual or constructive knowledge
9of the underlying crime giving rise to the forfeiture.
AB122-ASA2,10,1410 (d) A person who has an ownership interest in property subject to forfeiture
11that he or she acquired after the occurrence of the conduct giving rise to the forfeiture
12and who claims to be an innocent owner has the burden of proving by clear and
13convincing evidence that he or she has a legal right, title, or interest in the property
14seized under this chapter.
AB122-ASA2,10,1915 (e) If the requisite showing under par. (d) has been made, in order to proceed
16with a forfeiture action against the property, the state has the burden of proving by
17clear and convincing evidence that the person had actual or constructive knowledge
18that the property was subject to forfeiture or that the person was not a bona fide
19purchaser without notice of any defect in title and for valuable consideration.
AB122-ASA2,10,2320 (f) If the state does not meet the burden under par. (c) or (e) as to any property,
21the court shall find that the property is the property of an innocent owner and not
22subject to forfeiture under this chapter and shall order the state to relinquish all
23claims of title to the property.
AB122-ASA2,28 24Section 28 . 961.555 (6) of the statutes is created to read:
AB122-ASA2,11,9
1961.555 (6) Return of property. The court shall order the return of any
2property subject to forfeiture under ss. 961.55 to 961.56 within 30 days of acquittal
3or dismissal of charges for the offense which was the basis of the forfeiture action,
4or 6 months after a seizure which was the basis of the forfeiture action if no charges
5have been issued and no extension has been granted. If the property is co-owned by
62 or more defendants in a criminal action, and one or more defendant co-owners are
7acquitted or the charges against him or her are dismissed, the judge shall have
8discretion to the dispose of the co-owned property in accordance with the
9proportionality guidelines in sub. (3m) as he or she deems appropriate.
AB122-ASA2,29 10Section 29 . 961.555 (7) of the statutes is created to read:
AB122-ASA2,11,1511 961.555 (7) Attorney fees. A person who prevails in an action to return
12property subject to forfeiture under ss. 961.55 to 961.56 shall be awarded reasonable
13attorney fees by the state. For the purposes of this subsection, a person prevails if
14the claimant recovers more than 50 percent, by value, of the money or other property
15that is claimed.
AB122-ASA2,30 16Section 30 . 968.20 (1) of the statutes is amended to read:
AB122-ASA2,11,2417 968.20 (1) Any person claiming the right to possession of property seized
18pursuant to a search warrant or seized without a search warrant, except for an
19animal taken into custody under s. 173.13 (1) or withheld from its owner under s.
20173.21 (1) (a), may apply for its return to the circuit court for the county in which the
21property was seized or where the search warrant was returned, except that a court
22may commence a hearing, on its own initiative, to return property seized under s.
23968.26. If an initial appearance under s. 970.01 is scheduled, the application for the
24return of the property shall be filed within 120 days of the initial appearance.
AB122-ASA2,31 25Section 31 . 968.20 (1g) (intro.) and (a) of the statutes are amended to read:
AB122-ASA2,12,10
1968.20 (1g) (intro.) The court shall order such notice as it deems adequate to
2be given the district attorney and, unless notice was provided under s. 968.26 (7), to
3all persons who have or may have an interest in the property. The court shall hold
4a hearing to hear all claims to its true ownership. Except for a hearing commenced
5by the court, the hearing shall occur no more than 30 days after a motion is filed
6except that either party may, by agreement or for good cause, move the court for one
7extension of no more than 10 days. Any motion may be supported by affidavits or
8other submissions.
If the right to possession is proved to the court's satisfaction, it
9shall order the property, other than contraband or property covered under sub. (1m)
10or (1r) or s. 173.21 (4) or 968.205, returned if the court finds any of the following:
AB122-ASA2,12,1411 (a) The It is likely that the final judgment will be that the state must return
12the property to the claimant and the
property is not reasonably needed as evidence
13or for other investigatory reasons or, if needed, satisfactory arrangements can be
14made for its return for subsequent use as evidence; or.
AB122-ASA2,32 15Section 32 . 968.20 (1g) (am) of the statutes is created to read:
AB122-ASA2,12,2216 968.20 (1g) (am) The property is the only reasonable means for a defendant to
17pay for legal representation in the forfeiture or criminal proceeding, the property is
18not likely to be needed for payment of victim compensation, restitution, or fines, and
19the property is not reasonably needed as evidence or for other investigatory reasons.
20If the court makes this finding, it may order the return of funds or property sufficient
21to obtain legal counsel but less than the total amount seized and require an
22accounting.
AB122-ASA2,33 23Section 33 . 968.20 (1h) of the statutes is created to read:
AB122-ASA2,13,524 968.20 (1h) If a court orders property returned under sub. (1g), the court shall
25order the person not to sell, transfer, assign, or otherwise encumber the property

1until the court orders the property either returned under s. 961.55 (3) or 973.075 (5)
2or forfeited under s. 961.555 or 973.076. If the person is subsequently convicted of
3or found to have committed the offense, the court shall order the person to surrender
4the returned property for proceedings under s. 961.555 or 973.076, whichever is
5appropriate.
AB122-ASA2,34 6Section 34. 973.075 (1) (intro.) of the statutes is amended to read:
AB122-ASA2,13,87 973.075 (1) (intro.) The Subject to subs. (1g) and (1m), the following are subject
8to seizure and forfeiture under ss. 973.075 to 973.077:
AB122-ASA2,35 9Section 35. 973.075 (1) (b) 1m. (intro.) of the statutes is renumbered 973.075
10(1) (b) (intro.) and amended to read:
AB122-ASA2,13,1211 973.075 (1) (b) (intro.) Except as provided in subd. 2m., all All vehicles, as
12defined in s. 939.22 (44), which are used in any of the following ways:
AB122-ASA2,36 13Section 36. 973.075 (1) (b) 1m. a. to h. of the statutes are renumbered 973.075
14(1) (b) 1. to 8.
AB122-ASA2,37 15Section 37. 973.075 (1) (b) 2m. of the statutes is repealed.
AB122-ASA2,38 16Section 38. 973.075 (1) (bg) of the statutes is amended to read:
AB122-ASA2,13,2217 973.075 (1) (bg) Any property used or to be used in the commission of a crime
18under s. 943.74, 943.75 (2) or (2m), or 948.07, but if the property is encumbered by
19a bona fide perfected security interest that was perfected before the date of the
20commission of the current violation and the holder of the security interest neither
21had knowledge of nor consented to the commission of that violation, the holder of the
22security interest shall be paid from the proceeds of the forfeitur
e.
AB122-ASA2,39 23Section 39. 973.075 (1) (bm) of the statutes is amended to read:
AB122-ASA2,14,524 973.075 (1) (bm) Any property used in the commission of a crime under s.
25813.12 (8), 813.122 (11), 813.123 (10), 813.125 (7), 813.128 (4) or 940.32, but if the

1property is encumbered by a bonafide perfected security interest that was perfected
2before the date of the commission of the current violation and the holder of the
3security interest neither had knowledge of nor consented to the commission of that
4violation, the holder of the security interest shall be paid from the proceeds of the
5forfeiture
.
AB122-ASA2,40 6Section 40. 973.075 (1) (d) of the statutes is amended to read:
AB122-ASA2,14,137 973.075 (1) (d) A tank vessel that violates s. 299.62 (2) that is owned by a person
8who, within 5 years before the commission of the current violation, was previously
9convicted of violating s. 299.62 (2), but if the tank vessel is encumbered by a bona fide
10perfected security interest that was perfected before the date of the commission of
11the current violation and the holder of the security interest neither had knowledge
12of nor consented to the commission of that violation, the holder of the security
13interest shall be paid from the proceeds of the forfeiture
.
AB122-ASA2,41 14Section 41. 973.075 (1) (e) of the statutes is amended to read:
AB122-ASA2,14,2515 973.075 (1) (e) Any recording, as defined in s. 943.206 (5), created, advertised,
16offered for sale or rent, sold, rented, transported or possessed in violation of ss.
17943.207 to 943.209 or s. 943.49 and any electronic, mechanical or other device for
18making a recording or for manufacturing, reproducing, packaging or assembling a
19recording that was used to facilitate a violation of ss. 943.207 to 943.209 or s. 943.49,
20regardless of the knowledge or intent of the person from whom the recording or
21device is seized. If a device subject to forfeiture under this paragraph is encumbered
22by a bona fide perfected security interest that was perfected before the date of the
23commission of the current violation and the holder of the security interest neither
24had knowledge of nor consented to the commission of that violation, the holder of the
25security interest shall be paid from the proceeds of the forfeiture.
AB122-ASA2,42
1Section 42. 973.075 (1g) of the statutes is created to read:
AB122-ASA2,15,42 973.075 (1g) A judgment of forfeiture may not be entered under ss. 973.075 to
3973.077 unless a person is convicted of the criminal offense that was the basis for the
4seizure of the item or that is related to the action for forfeiture.
AB122-ASA2,43 5Section 43. 973.075 (1k) of the statutes is created to read:
AB122-ASA2,15,76 973.075 (1k) A person who has been subject to a seizure of property has a right
7to a pretrial hearing under s. 968.20.
AB122-ASA2,44 8Section 44. 973.075 (1m) of the statutes is created to read:
AB122-ASA2,15,109 973.075 (1m) The property of an innocent owner may not be forfeited. A person
10who claims to be an innocent owner may follow the procedures under s. 973.076 (5).
AB122-ASA2,45 11Section 45 . 973.075 (1r) of the statutes is created to read:
AB122-ASA2,15,2412 973.075 (1r) If a law enforcement officer or agency or state or local employee
13or agency refers seized property to a federal agency directly, indirectly, by adoption,
14through an intergovernmental joint task force, or by other means, for the purposes
15of forfeiture litigation, the agency shall produce an itemized report of actual
16forfeiture expenses, including administrative expenses of seizure, maintenance of
17custody, advertising, and court costs and the costs of investigation and prosecution
18reasonably incurred, and submit the report to the department of administration to
19make it available on the department's website. If there is a federal or state criminal
20conviction for the crime that was the basis for the seizure, the agency may accept all
21proceeds. If there is no federal or state criminal conviction, the agency may not
22accept any proceeds, except that the agency may accept all proceeds if one of the
23following circumstances applies and is explained in the report submitted under this
24subsection:
AB122-ASA2,15,2525 (a) The defendant has died.
AB122-ASA2,16,1
1(b) The defendant was deported by the U.S. government.
AB122-ASA2,16,32 (c) The defendant has been granted immunity in exchange for testifying or
3otherwise assisting a law enforcement investigation or prosecution.
AB122-ASA2,16,44 (d) The defendant fled the jurisdiction.
AB122-ASA2,16,55 (e) The property has been unclaimed for a period of at least 9 months.
AB122-ASA2,46 6Section 46 . 973.075 (4) of the statutes is renumbered 973.075 (4) (intro.) and
7amended to read:
AB122-ASA2,16,98 973.075 (4) (intro.) When property is forfeited under ss. 973.075 to 973.077, the
9agency seizing the property may sell shall do one of the following:
AB122-ASA2,16,18 10(b) Sell the property that is not required by law to be destroyed or transferred
11to another agency. The agency may retain any vehicle for official use or sell the
12vehicle.
The agency seizing the property may deduct use a portion, not to exceed 50
13percent, of the amount received for administrative expenses of seizure, maintenance
14of custody, advertising, and court costs and the costs of investigation and prosecution
15reasonably incurred if the agency produces an itemized report of actual forfeiture
16expenses and submits the report to the department of administration to make it
17available on the department's website
. The remainder shall be deposited in the
18school fund as the proceeds of the forfeiture.
AB122-ASA2,16,20 19(c) If the property forfeited under ss. 973.075 to 973.077 is money, deposit all
20the money shall be deposited in the school fund.
AB122-ASA2,47 21Section 47 . 973.075 (4) (a) of the statutes is created to read:
AB122-ASA2,16,2422 973.075 (4) (a) If the property is a vehicle, retain it for official use for a period
23of up to one year. Before the end of that period, the agency shall do one of the
24following:
AB122-ASA2,17,8
11. Sell the property and use a portion, not to exceed 50 percent, of the amount
2received for payment of forfeiture expenses if the agency produces an itemized report
3of actual forfeiture expenses and submits the report to the department of
4administration to make it available on the department's website. The remainder
5shall be deposited in the school fund as proceeds of the forfeiture. In this subdivision,
6“forfeiture expenses” include all proper expenses of the proceedings for forfeiture and
7sale, including expenses of seizure, maintenance of custody, advertising, and court
8costs and the costs of investigation and prosecution reasonably incurred.
AB122-ASA2,17,139 2. Continue to retain the property, if the agency deposits 30 percent of the value
10of the vehicle, as determined by the department of revenue, in the school fund as
11proceeds of the forfeiture. If the agency sells the vehicle at a later time and receives
12as proceeds from the sale an amount in excess of the amount previously deposited
13in the school fund, the agency shall deposit the excess in the school fund.
AB122-ASA2,48 14Section 48. 973.075 (5) (intro.) of the statutes is amended to read:
AB122-ASA2,17,2415 973.075 (5) (intro.) All forfeitures under ss. 973.075 to 973.077 shall be made
16with due provision for the rights of innocent persons under sub. (1) (b) 2m., (bg), (bm),
17(d) and (e)
subs. (1g), (1k), and (1m). Except as provided in sub. (5m) (5r), any
18property seized but not forfeited shall be returned to its rightful owner. Any person
19claiming the right to possession of property seized may apply for its return to the
20circuit court for the county in which the property was seized. The court shall order
21such notice as it deems adequate to be given the district attorney and all persons who
22have or may have an interest in the property and shall hold a hearing to hear all
23claims to its true ownership. If the right to possession is proved to the court's
24satisfaction, it shall order the property returned as soon as practically possible if:
AB122-ASA2,49 25Section 49. 973.075 (5m) of the statutes is repealed.
AB122-ASA2,50
1Section 50. 973.075 (5r) of the statutes is created to read:
AB122-ASA2,18,52 973.075 (5r) If a recording involved in a violation of ss. 943.207 to 943.209 is
3forfeited, the sheriff of the county in which the recording was seized shall destroy it
4after the completion of all proceedings in which the recording might be required as
5evidence.
AB122-ASA2,51 6Section 51 . 973.076 (1) (a) of the statutes is amended to read:
AB122-ASA2,18,137 973.076 (1) (a) Type of action; where brought. In an action brought to cause the
8forfeiture of any property specified in s. 342.30 (4) (a) or s. 973.075 (1), the court may
9render a judgment in rem or against a party personally, or both. The circuit court
10for the county in which the property was seized shall have jurisdiction over any
11proceedings regarding the property when the action is commenced in state court.
12Any Subject to s. 973.075 (1r), any property seized may be the subject of a federal
13forfeiture action.
AB122-ASA2,52 14Section 52. 973.076 (1) (b) 1. of the statutes is amended to read:
AB122-ASA2,19,615 973.076 (1) (b) 1. The district attorney of the county within which the property
16was seized or in which the defendant is convicted shall commence the forfeiture
17action within 30 days after the seizure of the property or the date of conviction,
18whichever is earlier, except that the defendant may request that and the forfeiture
19proceedings shall be adjourned until after adjudication the defendant is convicted of
20any charge concerning a crime which was the basis for the seizure of the property.
21The request shall be granted If property is seized, a charge shall be issued within 6
22months after the seizure, except that an unlimited number of 6-month extensions
23may be granted if, for each extension, a judge determines probable cause is shown
24and the additional time is warranted. If no charge is issued within 6 months after
25the seizure, or a 6-month extension is not granted, the seized property shall be

1returned to the owner
. The forfeiture action shall be commenced by filing a
2summons, complaint and affidavit of the person who seized the property with the
3clerk of circuit court, provided service of authenticated copies of those papers is made
4in accordance with ch. 801 within 90 days after filing upon the person from whom
5the property was seized and upon any person known to have a bona fide perfected
6security interest in the property.
AB122-ASA2,53 7Section 53. 973.076 (1) (b) 1m. of the statutes is created to read:
AB122-ASA2,19,108 973.076 (1) (b) 1m. Upon motion by the prosecuting attorney, the court may
9waive the conviction requirement under subd. 1. if the prosecuting attorney shows
10by clear and convincing evidence that any of the following applies:
AB122-ASA2,19,1111 a. The defendant has died.
AB122-ASA2,19,1212 b. The defendant was deported by the U.S. government.
AB122-ASA2,19,1413 c. The defendant has been granted immunity in exchange for testifying or
14otherwise assisting a law enforcement investigation or prosecution.
AB122-ASA2,19,1515 d. The defendant fled the jurisdiction.
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