AB1140: Bill Text

AB1140,63,21 (3) A law enforcement agency or a clerk may use electronic transmission to facilitate the exchange of information under this section. Any person who uses electronic transmission shall ensure that the electronic transmission does not allow unauthorized disclosure of the information transmitted.

AB1140,157 Section 157 . 971.17 (1g) of the statutes is amended to read:

AB1140,64,2 971.17 (1g) Notice of restriction on firearm possession. If the defendant under sub. (1) is found not guilty of a felony, or of a violation under s. 175.33 (2), by reason of mental disease or defect, the court shall inform the defendant of the requirements and penalties under s. 941.29.

AB1140,158 Section 158. 971.37 (1m) (a) 2. of the statutes is amended to read:

AB1140,64,10 971.37 (1m) (a) 2. An adult accused of or charged with a criminal violation of s. 940.19, 940.20 (1m), 940.201, 940.225, 940.23, 940.285, 940.30, 940.42, 940.43, 940.44, 940.45, 940.48, 941.20, 941.30, 943.01, 943.011, 943.14, 943.15, 946.49, 947.01 (1), 947.012 or 947.0125 and the conduct constituting the violation involved an act by the adult person against his or her spouse or former spouse, against an adult with whom the adult person resides or formerly resided or against an adult with whom the adult person has created a child.

AB1140,159 Section 159. 973.017 (3) (f) of the statutes is created to read:

AB1140,64,14 973.017 (3) (f) The fact that the person committed or attempted to commit a violation of s. 940.01 because the victim of the homicide or attempted homicide was any of the following:

AB1140,64,16 1. A juror, as defined in s. 940.202 (1) (b), or a family member, as defined in s. 940.41 (1d), of a juror.

AB1140,64,18 2. A witness, as defined in s. 940.41 (3), or a family member, as defined in s. 940.41 (1d), of a witness.

AB1140,64,20 3. A victim, as defined in s. 940.41 (2), or a family member, as defined in s. 940.41 (1d), of a victim.

AB1140,160 Section 160. 973.055 (1) (a) 1. of the statutes is amended to read:

AB1140,65,3 973.055 (1) (a) 1. The court convicts the person of a violation of a crime specified in s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.19, 940.20 (1m), 940.201, 940.21, 940.225, 940.23, 940.235, 940.285, 940.30, 940.305, 940.31, 940.32, 940.42, 940.43, 940.44, 940.45, 940.48, 941.20, 941.30, 943.01, 943.011, 943.14, 943.15, 946.49, 947.01 (1), 947.012 or 947.0125 or of a municipal ordinance conforming to s. 940.201 940.43 (3m), 941.20, 941.30, 943.01, 943.011, 943.14, 943.15, 946.49, 947.01 (1), 947.012 or 947.0125; and

AB1140,161 Section 161. 973.123 (1) of the statutes, as affected by 2021 Wisconsin Act 76, is amended to read:

AB1140,65,14 973.123 (1) In this section, “violent felony" means any felony under s. 943.23 (1m), 1999 stats., or s. 943.23 (1r), 1999 stats., or s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.198, 940.20, 940.201 940.202, 940.203, 940.21, 940.225, 940.23, 940.235, 940.285 (2), 940.29, 940.295 (3), 940.30, 940.302, 940.305, 940.31, 940.43 (1) to (3), 940.45 (1) to (3) (2m) (a) to (c) or (3m), 940.44 (2m) (a) to (c), 941.20, 941.26, 941.28, 941.29, 941.292, 941.30, 941.327 (2) (b) 3. or 4., 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), 943.32, 943.87, 946.43, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 948.07, 948.08, 948.085, or 948.30.

AB1140,162 Section 162 . 973.155 (1m) of the statutes is amended to read:

AB1140,65,20 973.155 (1m) A convicted offender shall be given credit toward the service of his or her sentence for all days spent in custody as part of a substance abuse treatment program that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10), for any offense arising out of the course of conduct that led to the person's placement in that program.

AB1140,163 Section 163 . 973.176 (1) of the statutes is amended to read:

AB1140,66,2 973.176 (1) Firearm possession. Whenever a court imposes a sentence or places a defendant on probation regarding a felony conviction or regarding a conviction for a misdemeanor under s. 175.33 (2), the court shall inform the defendant of the requirements and penalties applicable to him or her under s. 941.29 (1m) or (4m).

AB1140,164 Section 164 . Nonstatutory provisions.

AB1140,66,4 (1) Field prosecutor positions; drug-related offenses.

AB1140,66,9 (a) Project positions. The authorized FTE positions for the department of justice, funded from the appropriation under s. 20.455 (1) (a), are decreased by 2.0 GPR project positions on the effective date of this paragraph for the purpose of assisting the division of criminal investigation in the field offices of Wausau and Appleton and for assisting district attorneys in prosecuting drug-related offenses.

AB1140,66,10 (b) Field prosecutors.

AB1140,66,14 1. Notwithstanding s. 230.15 (1), (3), or (7), all incumbent employees holding project positions in the department of justice eliminated under par. (a) are transferred to the positions authorized under Section 165 (9 ) of this act on the effective date of this subdivision.

AB1140,66,17 2. Notwithstanding s. 230.27 (2m) (a), an employee who is transferred under subd. 1. may transfer rights and benefits, including seniority and continuous service earned while serving the project appointment, to the permanent position.

AB1140,66,19 3. Notwithstanding s. 230.28 (4), no employee transferred under subd. 1 . is required to serve a probationary period.

AB1140,66,24 (2) Community services to reduce recidivism; onetime funding. Notwithstanding s. 16.42 (1) (e), in submitting information under s. 16.42 for the 2023-25 biennial budget bill, the department of justice shall submit information concerning the appropriation under s. 20.455 (1) (ds) as though the increase in the dollar amount of that appropriation by Section 165 (8 ) of this act did not take effect.

AB1140,67,5 (3) Violence prevention grants. The department of justice shall establish a program to award grants from the appropriation under s. 20.455 (2) (dm) in the 2021-23 fiscal biennium for violence prevention programs. Grant applications are due no later than June 30 of each fiscal year. The department of justice shall consult with the department of health services to determine grant awards under this section.

AB1140,67,11 (4) Community policing and community prosecution grant program. From the appropriation under s. 20.455 (2) (cs), the department of justice shall provide grants in the 2021-23 fiscal biennium for community policing and community prosecution. In determining whether to award a grant under this section, the department of justice may consider whether the grant will be used to address community policing needs through hot-spot policing.

AB1140,67,15 (5) Officer recruitment, retention, and wellness grant program. From the appropriation under s. 20.455 (2) (ct), the department of justice shall provide grants in the 2021-23 fiscal biennium for programs designed to recruit and retain law enforcement officers and to promote officer wellness.

AB1140,67,20 (6) Crime victim services; onetime funding. Notwithstanding s. 16.42 (1) (e), in submitting information under s. 16.42 for the 2023-25 biennial budget bill, the department of justice shall submit information concerning the appropriation under s. 20.455 (5) (a) as though the increase in the dollar amount of that appropriation by Section 165 (10) of this act did not take effect.

AB1140,165 Section 165 . Fiscal changes.

AB1140,68,5 (1) Alternatives to prosecution and incarceration grant program administration. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a), the dollar amount for fiscal year 2021-22 is increased by $426,800 to increase the authorized FTE positions for the department by 5.0 GPR positions to administer the alternatives to prosecution and incarceration grant program under s. 165.95. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a), the dollar amount for fiscal year 2022-23 is increased by $426,800 to provide funding for the positions authorized under this subsection.

AB1140,68,12 (2) Alternatives to prosecution and incarceration grant program. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (ek), the dollar amount for fiscal year 2021-22 is increased by $7,761,000 for the purposes for which the appropriation is made. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (ek), the dollar amount for fiscal year 2022-23 is increased by $7,761,000 for the purposes for which the appropriation is made.

AB1140,68,24 (3) Investigator and attorney positions. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (1) (a), the dollar amount for fiscal year 2021-22 is increased by $483,600 to increase the authorized FTE positions for the the department of justice by 2.0 GPR investigator positions in the division of criminal investigation for investigators and 2.0 GPR attorney positions for assistant attorneys general. The investigator and attorney positions authorized under this subsection shall handle cases primarily involving felony violations subject to s. 939.63, if a felony is committed while armed, and under s. 940.01 to 940.03, 940.05, 940.06, 940.225, 943.23 (1g), and 943.32 (2). In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (1) (a), the dollar amount for fiscal year 2022-23 is increased by $483,600 to fund the positions authorized under this subsection.

AB1140,69,8 (4) Task Force on Missing and Murdered Indigenous Women. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (1) (a), the dollar amount for fiscal year 2021-22 is increased by $131,200 to increase the authorized FTE positions for the department of justice by 2.0 GPR positions for the purpose of assisting the Task Force on Missing and Murdered Indigenous Women. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (1) (a), the dollar amount for fiscal year 2022-23 is increased by $131,200 to fund the positions authorized under this subsection.

AB1140,69,16 (5) Law enforcement officer training and wellness. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a), the dollar amount for fiscal year 2021-22 is increased by $131,600 to increase the authorized FTE positions for the department by 2.0 GPR positions for law enforcement officer training and wellness initiatives. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a), the dollar amount for fiscal year 2022-23 is increased by $131,600 to provide funding for the positions authorized under this subsection.

AB1140,69,24 (6) Law enforcement services; toxicologists. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a), the dollar amount for fiscal year 2021-22 is increased by $234,400 to increase the authorized FTE positions for the department by 4.0 GPR positions for law enforcement toxicology services. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a), the dollar amount for fiscal year 2022-23 is increased by $234,400 to provide funding for the positions authorized under this subsection.

AB1140,70,7 (7) Officer training reimbursements; supplemental funds. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (as), the dollar amount for fiscal year 2021-22 is increased by $1,000,000 for law enforcement training reimbursements under s. 165.85 (5) (b). In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (as), the dollar amount for fiscal year 2022-23 is increased by $1,000,000 for law enforcement training reimbursements under s. 165.85 (5) (b).

AB1140,70,13 (8) Community services to reduce recidivism. In the schedule under s. 20.005 (3) for the appropriation to the department of corrections under s. 20.410 (1) (ds), the dollar amount for fiscal year 2021-22 is increased by $5,000,000 for recidivism reduction. In the schedule under s. 20.005 (3) for the appropriation to the department of corrections under s. 20.410 (1) (ds), the dollar amount for fiscal year 2022-23 is increased by $5,000,000 for recidivism reduction.

AB1140,70,22 (9) Field prosecutors; drug-related offenses. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (1) (a), the dollar amount for fiscal year 2021-22 is increased by $300,000 to increase the authorized FTE positions for the department by 2.0 GPR attorney positions for the purpose of assisting the division of criminal investigation in the field offices of Wausau and Appleton and for assisting district attorneys in prosecuting drug-related offenses. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (1) (a), the dollar amount for fiscal year 2022-23 is increased by $300,000 to provide funding for the positions authorized under this subsection.

AB1140,71,3 (10) Victim services. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (5) (a), the dollar amount for fiscal year 2021-22 is increased by $5,000,000 to fund victim service programs. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (5) (a), the dollar amount for fiscal year 2022-23 is increased by $5,000,000 to fund victim service programs.

AB1140,71,11 (11) Hate crimes reporting portal. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a), the dollar amount for fiscal year 2021-22 is increased by $591,400 to increase the authorized FTE positions for the department by 4.0 GPR victim service specialist positions, 1.0 GPR research analyst position, and 1.0 GPR program and policy analyst position. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a), the dollar amount for fiscal year 2022-23 is increased by $591,400 for the positions authorized under this subsection.

AB1140,71,12 (12) Office of school safety funding.

AB1140,71,24 (a) Fully funding existing positions. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a), the dollar amount for fiscal year 2021-22 is increased by $63,100 to increase the authorized FTE positions for the department by 1.2 GPR positions for the purposes of replacing the grant specialist project position that expires on December 30, 2021, and increasing a current 0.8 FTE position in the office of school safety by 0.2 GPR positions. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a), the dollar amount for fiscal year 2022-23 is increased by $188,700 to increase the authorized FTE positions for the department by 1.0 GPR positions for the purpose of replacing the federal coordinator position that expires on September 30, 2022, and to provide funding for the other positions authorized under this paragraph.

AB1140,72,5 (b) Fully fund existing supplies and services. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a), the dollar amount for fiscal year 2021-22 is increased by $144,900 and the dollar amount for fiscal year 2022-23 is increased by $144,900 for existing supplies and services of the office of school safety.

AB1140,72,14 (c) Funding for existing Speak Up, Speak Out program positions. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a), the dollar amount for fiscal year 2021-22 is increased by $345,000 to increase the authorized FTE positions for the department by 5.0 GPR positions to replace the 5 resource center analyst project positions for the Speak Up, Speak Out program that expire on September 30, 2021. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a), the dollar amount for fiscal year 2022-23 is increased by $441,100 to provide funding for the positions authorized under this paragraph.

AB1140,72,19 (d) Fund existing Speak Up, Speak Out program. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a), the dollar amount for fiscal year 2021-22 is increased by $73,000 and the dollar amount for fiscal year 2022-23 is increased by $73,000 for user trainings and public awareness campaigns for the Speak Up, Speak Out program.

AB1140,72,25 (e) Expand positions for the Speak Up, Speak Out program. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a), the dollar amount for fiscal year 2022-23 is increased by $208,000 to increase the authorized FTE positions for the department by 4.0 GPR positions to create additional resource center analysts for the Speak Up, Speak Out program to start on September 30, 2022.

AB1140,73,6 (f) Adding 2017 Wisconsin Act 143 compliance audit LTEs. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a), the dollar amount for fiscal year 2021-22 is increased by $96,200 and the dollar amount for fiscal year 2022-23 is increased by $96,200 to fund in each fiscal year 4,160 hours for limited-term employees to review materials submitted by schools under 2017 Wisconsin Act 143.

AB1140,73,13 (13) Reimbursement to counties for victim-witness services. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (5) (f), the dollar amount for fiscal year 2021-22 is increased by $3,250,000 for the purposes for which the appropriation is made. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (5) (f), the dollar amount for fiscal year 2022-23 is increased by $3,250,000 for the purposes for which the appropriation is made.

AB1140,73,20 (14) Crisis program enhancement grants. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (5) (cf), the dollar amount for fiscal year 2021-22 is increased by $7,375,000 for the purpose for which the appropriation is made. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (5) (cf), the dollar amount for fiscal year 2022-23 is increased by $7,375,000 for the purpose for which the appropriation is made.

AB1140,74,4 (15) Mental health and substance use services grants and programs. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (5) (bc), the dollar amount for fiscal year 2021-22 is increased by $5,000,000 for the purposes for which the appropriation is made that are related to mental health and substance use services. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (5) (bc), the dollar amount for fiscal year 2022-23 is increased by $5,000,000 for the purposes for which the appropriation is made that are related to mental health and substance use services.

AB1140,74,11 (16) Special education aid. In the schedule under s. 20.005 (3) for the appropriation to the department of public instruction under s. 20.255 (2) (b), the dollar amount is increased by $36,530,000 for the 2021-22 fiscal year to increase funding for aids for special education under s. 115.88. In the schedule under s. 20.005 (3) for the appropriation to the department of public instruction under s. 20.255 (2) (b), the dollar amount is increased by $36,530,000 for the 2022-23 fiscal year to increase funding for aids for special education under s. 115.88.

AB1140,74,19 (17) UW System, general program operations. In the schedule under s. 20.005 (3) for the appropriation to the Board of Regents of the University of Wisconsin System under s. 20.285 (1) (a), the dollar amount is increased by $9,130,000 for the 2021-22 fiscal year to increase funding for the purpose for which the appropriation is made. In the schedule under s. 20.005 (3) for the appropriation to the Board of Regents of the University of Wisconsin System under s. 20.285 (1) (a), the dollar amount is increased by $9,130,000 for the 2022-23 fiscal year to increase funding for the purpose for which the appropriation is made.

AB1140,166 Section 166 . Initial applicability.

AB1140,74,22 (1) Domestic violence protection orders. The treatment of s. 969.15 first applies to releases that occur on the effective date of this subsection.

AB1140,75,2 (2) Treatment alternatives and diversions. The treatment of ss. 165.95 (1) (ac), (2), (2r), (3) (a), (ag), (b), (bd), (cm) 2., (d), (e), (g), (h), (i), (j), and (k), (5) (a) and (b), (5m), (6), (7), and (7m) first applies to grants awarded under s. 165.95 (2) on the effective date of this subsection.

AB1140,75,6 (3) Statute of limitations in a felony case. Notwithstanding s. 990.06, the treatment of s. 939.74 (2d) (b), (c), and (e) first applies to an action for which the time limit under s. 939.74 (1) or (2) for prosecution has expired as of the effective date of this subsection.

AB1140,75,17 (4) Obstruction of justice. The treatment of ss. 6.47 (1) (b), 48.685 (2) (bb) and (5) (bm) 4., 48.686 (1) (c) 9. and 12. and (2) (bb), 50.065 (2) (bb), 165.70 (1) (b), 165.84 (7) (ab) 1. and 2., 301.048 (2) (bm) 1. a., 767.461 (4), 939.22 (21) (em), (k), and (L), 939.31, 939.32 (1) (c), 939.632 (1) (e) 1. and 3., 940.03, 940.20 (3), 940.201 (2), 940.41 (intro.), 940.44, 940.45, 940.46, 940.47 (1) and (2), 940.48 (1) and (2) (intro.), (a), and (b), 940.49, 941.29 (1g) (a) and (b), 941.291 (1) (b), 941.38 (1) (b) 5m., 11., and 12., 946.65, 946.82 (4), 949.03 (1) (b), 968.26 (1b) (a) 2. a., 969.08 (10) (b), 971.37 (1m) (a) 2., 973.055 (1) (a) 1., and 973.123 (1), the repeal of ss. 940.201 (title) and (1), 940.42, 946.60, and 946.61, the renumbering and amendment of s. 940.43, and the creation of ss. 940.202 (1) and (3), 940.41 (1d), 940.43 (1m), and 973.017 (3) (f) first apply to an act committed on the effective date of this subsection.

AB1140,75,22 (5) Illegal possession of a firearm or straw purchasing. The treatment of s. 941.29 (1m) (intro.), the renumbering and amendment of s. 941.2905 (1), and the creation of s. 941.2905 (1) (b) first apply to an offense committed on the effective date of this subsection but does not preclude the counting of an offense committed before the effective date of this subsection as a prior offense for the purposes of sentencing.

AB1140,167 Section 167. Effective dates. This act takes effect on the day after publication, except as follows:

AB1140,76,9 (1) Background check for all firearm transfers. The treatment of ss. 20.455 (2) (gr), 175.33, and 175.35 (title), (1) (at) (by Section 51), (b), and (br), (2) (intro.), (a), (b), (bm), (c), (cm) (intro.), and (d), (2g) (a) and (b) 1. and 2., (2k) (ar) 2., (c) 2. a. and b., (g) (by Section 70 ), and (h), (2L), (2t) (a), (b) and (c), and (3) (b) 2., 175.60 (7) (d) and (15) (b) 4. b., 938.208 (1) (b), 938.34 (4m) (b) 2., 938.341, 941.237 (1) (d), 941.296 (1) (b), 941.29 (1m) (dm), (dn) and (do), 968.20 (3) (b), 971.17 (1g) and 973.176 (1), the renumbering of s. 175.35 (2j), the renumbering and amendment of s. 175.35 (2i), and the creation of s. 175.35 (2i) (b) 2. and (2j) (b) take effect on the first day of the 7th month beginning after publication.

AB1140,76,11 (2) Onetime grant funding. The repeal of s. 20.455 (2) (cs), (ct), and (dm) takes effect on July 1, 2023.

AB1140,76,12 (End)