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SB460,7,13 11(2) The executive director may identify methods and practices for district
12attorneys that promote professional competence, ethical practices, and
13evidence-based practices.
SB460,15 14Section 15. 978.005 of the statutes is created to read:
SB460,7,20 15978.005 Limits on board and executive director. Neither the board nor
16the executive director may make any decision regarding the handling of any case nor
17interfere with any district attorney in carrying out professional duties. Neither the
18board nor the office may interfere with or infringe upon the autonomy of a district
19attorney or upon the authority of a district attorney to manage his or her own
20prosecutorial unit.
SB460,16 21Section 16. 978.03 of the statutes is amended to read:
SB460,8,7 22978.03 Deputies and assistants in certain prosecutorial units. (1) The
23district attorney of any prosecutorial unit having a population of 750,000 or more
24may appoint 7 deputy district attorneys and such assistant district attorneys as may
25be requested by the department of administration, or by the board, and authorized

1in accordance with s. 16.505. The district attorney shall rank the deputy district
2attorneys for purposes of carrying out duties under this section. The deputies,
3according to rank, may perform any duty of the district attorney, under the district
4attorney's direction. In the absence or disability of the district attorney, the deputies,
5according to rank, may perform any act required by law to be performed by the
6district attorney. Any such deputy must have practiced law in this state for at least
72 years prior to appointment under this section.
SB460,8,18 8(1m) The district attorney of any prosecutorial unit having a population of
9200,000 or more but less than 750,000 may appoint 3 deputy district attorneys and
10such assistant district attorneys as may be requested by the department of
11administration, or by the board, and authorized in accordance with s. 16.505. The
12district attorney shall rank the deputy district attorneys for purposes of carrying out
13duties under this section. The deputies, according to rank, may perform any duty
14of the district attorney, under the district attorney's direction. In the absence or
15disability of the district attorney, the deputies, according to rank, may perform any
16act required by law to be performed by the district attorney. Any such deputy must
17have practiced law in this state for at least 2 years prior to appointment under this
18section.
SB460,9,2 19(2) The district attorney of any prosecutorial unit having a population of
20100,000 or more but not more than 199,999 may appoint one deputy district attorney
21and such assistant district attorneys as may be requested by the department of
22administration, or by the board, and authorized in accordance with s. 16.505. The
23deputy may perform any duty of the district attorney, under the district attorney's
24direction. In the absence or disability of the district attorney, the deputy may
25perform any act required by law to be performed by the district attorney. The deputy

1must have practiced law in this state for at least 2 years prior to appointment under
2this section.
SB460,9,8 3(3) Any assistant district attorney under sub. (1), (1m), or (2) must be an
4attorney admitted to practice law in this state and, except as provided in s. 978.043
5(1), may perform any duty required by law to be performed by the district attorney.
6The district attorney of the prosecutorial unit under sub. (1), (1m), or (2) may appoint
7such temporary counsel as may be authorized by the department of administration
8board.
SB460,17 9Section 17. 978.045 (1g) of the statutes is amended to read:
SB460,9,2110 978.045 (1g) A court on its own motion may appoint a special prosecutor under
11sub. (1r) or a district attorney may request a court to appoint a special prosecutor
12under that subsection. Before a court appoints a special prosecutor on its own motion
13or at the request of a district attorney for an appointment that exceeds 6 hours per
14case, the court or district attorney shall request assistance from a district attorney,
15deputy district attorney or assistant district attorney from other prosecutorial units
16or an assistant attorney general. A district attorney requesting the appointment of
17a special prosecutor, or a court if the court is appointing a special prosecutor on its
18own motion, shall notify the department of administration, on a form provided by
19that department, of
office that the district attorney's attorney or the court's inability
20court, whichever is appropriate, is unable to obtain assistance from another
21prosecutorial unit or from an assistant attorney general.
SB460,18 22Section 18. 978.045 (1r) (bm) (intro.) of the statutes is amended to read:
SB460,9,2523 978.045 (1r) (bm) (intro.) The judge may appoint an attorney as a special
24prosecutor at the request of a district attorney to assist the district attorney in the
25prosecution of persons charged with a crime, in grand jury proceedings, in

1proceedings under ch. 980, or in investigations. Except as provided under par. (bp),
2the judge may appoint an attorney as a special prosecutor only if the judge or the
3requesting district attorney submits an affidavit to the department of
4administration
office attesting that any of the following conditions exists:
SB460,19 5Section 19. 978.045 (2) of the statutes is amended to read:
SB460,10,166 978.045 (2) If the department of administration office approves the
7appointment of a special prosecutor under sub. (1r), the court shall fix the amount
8of compensation for the attorney appointed according to the rates specified in s.
9977.08 (4m) (b). The department of administration shall pay the compensation
10ordered by the court from the appropriation under s. 20.475 (1) (d). The court, district
11attorney, and the special prosecutor shall provide any information regarding a
12payment of compensation that the department requests. Any payment under this
13subsection earns interest on the balance due from the 121st day after receipt of a
14properly completed invoice or receipt and acceptance of the property or service under
15the order or contract, whichever is later, at the rate specified in s. 71.82 (1) (a)
16compounded monthly.
SB460,20 17Section 20. 978.05 (9) of the statutes is amended to read:
SB460,10,2018 978.05 (9) Budget. Prepare a biennial budget request for submission to the
19department executive director under s. 978.11 978.004 (1) (b) by September 1 of each
20even-numbered year.
SB460,21 21Section 21. 978.11 of the statutes is repealed.
SB460,22 22Section 22. 978.12 (1) (c) of the statutes is amended to read:
SB460,11,823 978.12 (1) (c) Assistant district attorneys. Assistant district attorneys shall be
24employed outside the classified service. For purposes of salary administration, the
25administrator of the division of personnel management in the department of

1administration, in consultation with the office, shall establish one or more
2classifications for assistant district attorneys in accordance with the classification
3or classifications allocated to assistant attorneys general. Except as provided in ss.
4111.93 (3) (b) and 230.12 (10), the salaries of assistant district attorneys shall be
5established and adjusted in accordance with the state compensation plan for
6assistant attorneys general whose positions are allocated to the classification or
7classifications established by the administrator of the division of personnel
8management in the department of administration
under this paragraph.
SB460,23 9Section 23. Nonstatutory provisions.
SB460,11,1010 (1) Prosecutor board.
SB460,11,1111 (a) Initial terms for prosecutor board members.
SB460,11,15 121. The department of administration and the state prosecutors office shall
13administer and oversee the election of the initial members of the prosecutor board.
14The initial members shall select an executive director of the state prosecutors office
15as provided under s. 978.003 (3) to begin on the effective date of this subdivision.
SB460,11,21 162. Notwithstanding s. 15.77, of the members of the prosecutor board who are
17elected under subd. 1. as initial members, one member representing each district
18under s. 752.11 (1) (b) and (d) and one member under s. 15.77 (3) shall serve for a
19one-year term and one member representing the district under s. 752.11 (1) (c), one
20member under s. 15.77 (2), and one member under s. 15.77 (3) shall serve for a 2-year
21term.
SB460,11,2222 (b) Transfer of state prosecutors office.
SB460,12,223 1. `Assets and liabilities.' On the effective date of this subdivision, the assets
24and liabilities of the department of administration that are primarily related to the

1state prosecutors office, as determined by the secretary of administration, become
2the assets and liabilities of the prosecutor board.
SB460,12,63 2. `Tangible personal property.' On the effective date of this subdivision, all
4tangible personal property, including records, of the department of administration
5that is primarily related to the state prosecutors office, as determined by the
6secretary of administration, is transferred to the prosecutor board.
SB460,12,127 3. `Contracts.' All contracts entered into by the department of administration
8that are primarily related to the state prosecutors office, as determined by the
9secretary of administration, in effect on the effective date of this subdivision, remain
10in effect and are transferred to the prosecutor board. The prosecutor board shall
11carry out any such contractual obligations unless modified or rescinded by the
12prosecutor board to the extent allowed under the contract.
SB460,12,1813 4. `Pending matters.' Any matter pending with the department of
14administration that is primarily related to the state prosecutors office, as
15determined by the secretary of administration, on the effective date of this
16subdivision, is transferred to the prosecutor board, and all materials submitted to or
17actions taken by the department of administration, with respect to the pending
18matter are considered as having been submitted to or taken by the prosecutor board.
SB460,12,2319 5. `Rules and orders.' All rules promulgated by the department of
20administration that are primarily related to the state prosecutors office, as
21determined by the secretary of administration, that are in effect on the effective date
22of this subdivision remain in effect until their specified expiration dates or until
23amended or repealed by the prosecutor board.
SB460,12,2424 (c) Plan for office space for prosecutors office.
SB460,13,4
11. The prosecutor board, in consultation with the department of
2administration, shall, no later than March 1, 2020, submit to the joint committee on
3finance a plan to house the prosecutors office in the space that, on the effective date
4of this subdivision, is occupied by the director of the state prosecutors office.
SB460,13,95 2. The plan submitted under subd. 1 . shall include provisions for the
6acquisition or release, as appropriate, of space; the relocation, if necessary, of staff
7and tangible personal property; and any other provisions necessary for the
8transition. The plan shall provide office space for a legislative liaison and a space
9to accommodate meetings of the prosecutor board.
SB460,13,1810 3. If the cochairpersons of the joint committee on finance do not notify the
11prosecutor board within 14 working days after the date the plan is submitted under
12subd. 1. that the committee has scheduled a meeting to take place for the purpose of
13reviewing the plan, the prosecutor board shall implement the plan. If, within 14
14working days after the date the plan is submitted under subd. 1., the cochairpersons
15of the joint committee on finance notify the prosecutor board that the committee has
16scheduled a meeting for the purpose of reviewing the plan, the prosecutor board shall
17incorporate into the plan all changes made by the committee and implement the
18plan.
SB460,24 19Section 24. Effective date.
SB460,13,2020 (1) This act takes effect on July 1, 2020.
SB460,13,2121 (End)
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