AB1140: Bill Text

AB1140,15,3 48.686 (1) (c) 9. A violation of s. 125.075 (1), 125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5), or (6), 940.20, 940.202, 940.203, 940.205, 940.207, 940.25, or 943.23 (1g), a violation of s. 346.63 (1), (2), (5), or (6) that is a felony under s. 346.65 (2) (am) 4., 5., 6., or 7. or (f), (2j) (d), or (3m), or an offense under ch. 961 that is a felony.

AB1140,17 Section 17. 48.686 (1) (c) 12. of the statutes is amended to read:

AB1140,15,9 48.686 (1) (c) 12. A violation of the laws of another state or United States jurisdiction that if committed in this state would constitute felony battery under s. 940.19 (2), (4), (5), or (6) or, 940.20, or 940.202, a felony offense of domestic abuse, as defined in s. 813.12 (1) (am), a sex offense or a violent crime under ch. 948, or a violation of s. 940.225 if the victim was a child.

AB1140,18 Section 18. 48.686 (2) (bb) of the statutes is amended to read:

AB1140,15,24 48.686 (2) (bb) If information obtained under par. (am) indicates a charge of a serious crime, but does not completely and clearly indicate the final disposition of the charge, the department shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge. If information submitted to the department under par. (ag) indicates a charge or a conviction of a serious crime, but information obtained under par. (am) does not indicate such a charge or conviction, the department shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint. If information obtained under par. (am), information submitted under par. (ag), or any other information indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20, 940.202, 941.30, 942.08, 947.01 (1), or 947.013 obtained not more than 5 years before the date on which that information was obtained, the department shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.

AB1140,19 Section 19. 50.065 (2) (bb) of the statutes is amended to read:

AB1140,16,17 50.065 (2) (bb) If information obtained under par. (am) or (b) indicates a charge of a serious crime, but does not completely and clearly indicate the final disposition of the charge, the department or entity shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge. If a background information form under sub. (6) (a) or (am), or any disclosure made pursuant to a disclosure policy described under sub. (6) (am), indicates a charge or a conviction of a serious crime, but information obtained under par. (am) or (b) does not indicate such a charge or conviction, the department or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint. If information obtained under par. (am) or (b), a background information form under sub. (6) (a) or (am), any disclosure made pursuant to a disclosure policy described under sub. (6) (am), or any other information indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20, 940.202, 941.30, 942.08, 947.01 (1), or 947.013 obtained not more than 5 years before the date on which that information was obtained, the department or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.

AB1140,20 Section 20 . 165.63 (3) of the statutes is amended to read:

AB1140,16,22 165.63 (3) Requests from courts. In making a determination required under s. 813.124 (7) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1., a judge or court commissioner shall request information under sub. (2) from the department or from a law enforcement agency or law enforcement officer as provided in sub. (4) (d).

AB1140,21 Section 21 . 165.63 (4) (d) of the statutes is amended to read:

AB1140,17,3 165.63 (4) (d) Aid the court in making a determination required under s. 813.124 (7) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1. or aid an entity in making a determination required under s. 968.20 (1m) (d) 2.

AB1140,22 Section 22. 165.70 (1) (b) of the statutes is amended to read:

AB1140,17,8 165.70 (1) (b) Except as provided in sub. (1m), enforce chs. 945 and 961 and ss. 940.20 (3), 940.201, 940.202, 940.43 (3m), 941.25, 941.26, 943.01 (2) (c), 943.011, 943.27, 943.28, 943.30, 944.30 (1m), 944.31, 944.32, 944.33, 944.34, 946.65, 947.02 (3) and (4), 948.075, 948.08, and 948.081.

AB1140,23 Section 23 . 165.73 of the statutes is created to read:

AB1140,17,11 165.73 Hate crimes reporting. (1) In this section, “hate crime” means an act described under s. 939.645 (1).

AB1140,17,15 (2) The department of justice shall provide a publicly accessible Internet-based reporting system and a telephone hotline for the reporting of hate crimes. The department of justice shall ensure that the reporting system and hotline do all of the following:

AB1140,17,17 (a) Relay a report of a hate crime to the appropriate employee of the department or law enforcement officer for investigation.

AB1140,17,18 (b) Direct individuals to appropriate local support services.

AB1140,17,21 (c) Maintain confidentiality for any personally identifiable information that an individual provides through the reporting system or hotline, except as needed for investigative, legal, or crime victims service purposes.

AB1140,17,24 (d) Are staffed by individuals who are trained to be knowledgeable about applicable federal, state, and local hate crime laws and law enforcement and support services.

AB1140,18,4 (3) The department of justice shall collaborate with community organizations to provide a public education campaign to raise awareness of hate crimes and to promote the reporting of hate crimes using the reporting system and hotline described in sub. (2).

AB1140,18,6 (4) The department of justice shall collect data on hate crime reporting under sub. (2).

AB1140,18,9 (5) The department of justice shall, biennially, submit a report to the appropriate standing committees of the legislature under s. 13.172 (3) on the department's activities under this section.

AB1140,24 Section 24. 165.84 (7) (ab) 1. of the statutes, as affected by 2021 Wisconsin Act 76, is amended to read:

AB1140,18,17 165.84 (7) (ab) 1. A felony violation of s. 940.01, 940.05, 940.198 (2), 940.21, 940.225 (1), (2), or (3), 940.235, 940.30, 940.302 (2), 940.305, 940.31, 940.32 (2), (2e), or (2m), 940.43, 940.45 (1m) or (2m), 940.44, 941.20, 941.21, 941.327, 943.02, 943.06, 943.10, 943.23 (1g) or (2), 943.32, 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.07, 948.08, 948.085, 948.095, or 948.30 (2).

AB1140,25 Section 25. 165.84 (7) (ab) 2. of the statutes is amended to read:

AB1140,18,22 165.84 (7) (ab) 2. A felony violation of s. 940.02, 940.03, 940.06, 940.07, 940.08, 940.09 (1c), 940.10, 940.19 (2), (4), (5), or (6), 940.195 (2), (4), (5), or (6), 940.20, 940.201 (2) 940.202, 940.203 (2), 940.205 (2), 940.207 (2), 940.208, 940.23, 940.43 (3m), 941.30, or 948.03 (3) or (5) (a) 4.

AB1140,26 Section 26. 165.95 (title) of the statutes is amended to read:

AB1140,18,25 165.95 (title) Alternatives to prosecution and incarceration; grant program.

AB1140,27 Section 27 . 165.95 (1) (ac) of the statutes is created to read:

AB1140,19,4 165.95 (1) (ac) “Evidence-based practice" means a practice that has been developed using research to determine its efficacy for achieving positive measurable outcomes, including reducing recidivism and increasing public safety.

AB1140,28 Section 28 . 165.95 (2) of the statutes is amended to read:

AB1140,19,13 165.95 (2) The department of justice shall make grants to counties and to tribes to enable them to establish and operate programs, including suspended and deferred prosecution programs and programs based on principles of restorative justice, that provide alternatives to prosecution and incarceration for criminal offenders who abuse alcohol or other drugs. The department of justice shall make the grants from the appropriations under s. 20.455 (2) (ek), (em), (jd), (kn), and (kv). The department of justice shall collaborate with the departments of corrections and health and family services in establishing this grant program.

AB1140,29 Section 29. 165.95 (2r) of the statutes is amended to read:

AB1140,19,17 165.95 (2r) Any county or tribe that receives a grant under this section on or after January 1, 2012, shall provide matching funds that are equal to 25 10 percent of the amount of the grant.

AB1140,30 Section 30. 165.95 (3) (a) of the statutes is repealed.

AB1140,31 Section 31 . 165.95 (3) (ag) of the statutes is created to read:

AB1140,19,23 165.95 (3) (ag) The program operates within the continuum from arrest to discharge from supervision and provides an alternative to prosecution, revocation, or incarceration through the use of pre-charge and post-charge diversion programs or treatment courts and community-based corrections.

AB1140,32 Section 32 . 165.95 (3) (b) of the statutes is amended to read:

AB1140,20,6 165.95 (3) (b) The program employs evidence-based practices and is designed to promote and facilitate the implementation of effective criminal justice policies and practices that maximize justice and public and victim safety, reduce prison and jail populations, reduce prosecution and incarceration costs, and reduce recidivism, and improve the welfare of participants' families by meeting the comprehensive needs of participants.

AB1140,33 Section 33 . 165.95 (3) (bd) of the statutes is created to read:

AB1140,20,10 165.95 (3) (bd) The program identifies each target population served by the program and identifies the evidence-based practices the program employs for each target population it serves.

AB1140,34 Section 34 . 165.95 (3) (cm) 2. of the statutes is created to read:

AB1140,20,17 165.95 (3) (cm) 2. If the program is administered by a tribe, the criminal justice oversight committee shall consist of a representative of the judiciary, a representative of criminal prosecution and criminal defense, a social services provider, a behavioral health treatment provider, a law enforcement officer, a representative of corrections, and other members that the oversight committee determines are appropriate to the program.

AB1140,35 Section 35. 165.95 (3) (d) of the statutes is amended to read:

AB1140,20,22 165.95 (3) (d) Services provided under the program are consistent with evidence-based practices in substance abuse and mental health treatment, as determined by the department of health services, and the program provides intensive case management.

AB1140,36 Section 36. 165.95 (3) (e) of the statutes is amended to read:

AB1140,20,25 165.95 (3) (e) The program uses graduated sanctions and incentives to promote successful substance abuse treatment success.

AB1140,37 Section 37. 165.95 (3) (g) of the statutes is amended to read:

AB1140,21,9 165.95 (3) (g) The program is designed to integrate all mental health services provided to program participants by state and local government agencies , tribes, and other organizations. The program shall require regular communication and coordination among a participant's substance abuse treatment providers, other service providers, the case manager, and any person designated under the program to monitor the person's compliance with his or her obligations under the program, and any probation, extended supervision, and parole agent assigned to the participant.

AB1140,38 Section 38 . 165.95 (3) (h) of the statutes is amended to read:

AB1140,21,14 165.95 (3) (h) The program provides substance abuse and mental health treatment services through providers that who use evidence-based practices in the delivery of services and, where applicable, who are certified by the department of health services or licensed to provide the services approved under the program.

AB1140,39 Section 39 . 165.95 (3) (i) of the statutes is renumbered 165.95 (3d) and amended to read:

AB1140,21,21 165.95 (3d) The A program requires that receives a grant under this section may require participants to pay a reasonable amount for their treatment, based on their income and available assets, and pursues and uses all possible resources available through insurance and federal, state, and local aid programs, including cash, vouchers, and direct services.

AB1140,40 Section 40. 165.95 (3) (j) of the statutes is amended to read:

AB1140,22,5 165.95 (3) (j) The program is developed with input from, and implemented in collaboration with, one or more circuit court judges, the district attorney, the state public defender, local and, if applicable, tribal law enforcement officials, county agencies and, if applicable, tribal agencies responsible for providing social services, including services relating to alcohol and other drug addiction substance use disorder, child welfare, mental health, and the Wisconsin Works program, the departments of corrections, children and families, and health services, private social services agencies, and substance abuse use disorder treatment providers.

AB1140,41 Section 41 . 165.95 (3) (k) of the statutes is amended to read:

AB1140,22,9 165.95 (3) (k) The county or tribe complies with other eligibility requirements established by the department of justice to promote the objectives listed in pars. (a) and (b) this subsection.

AB1140,42 Section 42 . 165.95 (5) (a) of the statutes is renumbered 165.95 (3) (cm) (intro.) and amended to read:

AB1140,22,16 165.95 (3) (cm) (intro.) A county or tribe that receives a grant under this section shall create an The program identifies a criminal justice oversight committee to develop and implement the program design and advise the county or tribe in administering and evaluating its program. Each The membership of each criminal justice oversight committee shall be as follows:

AB1140,23,3 1. If the program is administered by a county, or by a county and a tribe pursuant to sub. (6), the criminal justice oversight committee shall consist of a circuit court judge, the district attorney or his or her designee, the state public defender or his or her designee, a local law enforcement official, a representative of the county, a representative of the tribe, if applicable, a representative of each other county agency and, if applicable, tribal agency responsible for providing social services, including services relating to child welfare, mental health, and the Wisconsin Works program, representatives of the department of corrections and department of health services, a representative from private social services agencies, a representative of substance abuse behavioral health treatment providers, and other members to be determined by the county or tribe the oversight committee determines are appropriate for the program.

AB1140,43 Section 43 . 165.95 (5) (b) of the statutes is renumbered 165.95 (5) (ag) and amended to read:

AB1140,23,10 165.95 (5) (ag) A county or tribe that receives a grant under this section shall comply with state audits and shall submit an annual report to the department of justice and to the criminal justice oversight committee created under par. (a) identified in sub. (3) (cm) regarding the impact of the program on jail and prison populations and its progress in attaining the goals specified in sub. (3) (b) and (f).

AB1140,44 Section 44 . 165.95 (5m) of the statutes is repealed.

AB1140,45 Section 45 . 165.95 (6) of the statutes is amended to read:

AB1140,23,19 165.95 (6) A county or tribe may, with one or more other counties or tribes, jointly apply for and receive a grant under this section. Upon submitting a joint application, each county or tribe shall include with the application a written agreement specifying each tribe's and each county department's role in developing, administering, and evaluating the program. The criminal justice oversight committee established under sub. (5) (a) identified in sub. (3) (cm) shall consist of representatives from each county or tribe that participates in the program.

AB1140,46 Section 46. 165.95 (7) of the statutes is amended to read:

AB1140,23,25 165.95 (7) Grants provided under this section shall be provided on a calendar year basis beginning on January 1, 2007. If the department of justice decides to make a grant to a county or tribe under this section, the department of justice shall notify the county or tribe of its decision and the amount of the grant no later than September 1 of the year preceding the year for which the grant will be made.

AB1140,47 Section 47. 165.95 (7m) of the statutes is amended to read:

AB1140,24,6 165.95 (7m) Beginning in fiscal year 2012-13 2021-22, the department of justice shall, every 5 4 years, make grants under this section available to any county or tribe on a competitive basis. A county or tribe may apply for a grant under this subsection regardless of whether the county or tribe has received a grant previously under this section.

AB1140,48 Section 48 . 175.33 of the statutes is created to read:

AB1140,24,8 175.33 Transfer of firearms. (1) In this section:

AB1140,24,10 (a) “Family member" means a spouse, parent, grandparent, sibling, child, or grandchild. The relationship may be by blood, marriage, or adoption.

AB1140,24,11 (b) “Firearm” includes the frame or receiver of a firearm.

AB1140,24,12 (c) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).

AB1140,24,13 (d) “Transfer” has the meaning given in s. 175.35 (1) (br).

AB1140,24,15 (2) No person may transfer ownership of a firearm, or be transferred ownership of a firearm, unless one of the following applies:

AB1140,24,16 (a) The transferor is a firearms dealer.

AB1140,24,18 (b) The transferor makes the transfer to or through a firearms dealer and obtains a receipt under s. 175.35 (2j) (b).

AB1140,24,20 (c) The transfer of ownership of the firearm is one of the transfers listed under s. 175.35 (2t).

AB1140,24,23 (d) The transferor is transferring ownership of the firearm to a family member by gift, bequest, or inheritance, the transferee is not prohibited from possessing a firearm under state or federal law, and the transferee is at least 18 years of age.

AB1140,25,3 (e) The transferor is transferring the firearm with the intent that the transfer is for the purpose of hunting or target shooting if the transfer is for no longer than 14 days, the transferor did not receive in exchange for the transfer more than nominal consideration, the transferee is not prohibited from possessing a firearm under state or federal law, and the transfer is not otherwise prohibited by law.

AB1140,25,7 (3) Any person who intentionally violates sub. (2) is guilty of a misdemeanor and shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 9 months. The person is also prohibited under s. 941.29 from possessing a firearm for a period of 2 years.

AB1140,49 Section 49. 175.35 (title) of the statutes is amended to read:

AB1140,25,9 175.35 (title) Purchase Transfer of handguns firearms.

AB1140,50 Section 50 . 175.35 (1) (at) of the statutes is amended to read:

AB1140,26,2 175.35 (1) (at) “Firearms restrictions record search" means a search of department of justice records to determine whether a person seeking to purchase a handgun is prohibited from possessing a firearm under s. 941.29. “Firearms restrictions record search" includes a criminal history record search, a search to determine whether a person is prohibited from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats., a search in the national instant criminal background check system to determine whether a person has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search to determine whether the person is subject to an injunction under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under s. 941.29 and that has been filed with the circuit court under s. 813.128 (3g), a search to determine whether the person is subject to a temporary restraining order or injunction under s. 813.124, and a search to determine whether the person is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125 (4m).

AB1140,51 Section 51 . 175.35 (1) (at) of the statutes, as affected by 2021 Wisconsin Act .... (this act), is amended to read:

AB1140,26,21 175.35 (1) (at) “Firearms restrictions record search" means a search of department of justice records to determine whether a person seeking to purchase be transferred a handgun firearm is prohibited from possessing a firearm under s. 941.29. “Firearms restrictions record search" includes a criminal history record search, a search to determine whether a person is prohibited from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats., a search in the national instant criminal background check system to determine whether a person has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search to determine whether the person is subject to an injunction under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under s. 941.29 and that has been filed with the circuit court under s. 813.128 (3g), a search to determine whether the person is subject to a temporary restraining order or injunction under s. 813.124, and a search to determine whether the person is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125 (4m).