3. Four additional positions for law enforcement toxicology services.
4. Two new investigators in the Division of Criminal Investigation.
5. Two additional assistant attorney general positions to prosecute violent
crimes.
6. Two positions for the Task Force on Missing and Murdered Indigenous
Women.
The bill also converts to permanent positions 2.0 full-time GPR attorney
project positions that assist the Division of Criminal Investigation in Wausau and
Appleton and assist district attorneys in prosecuting drug-related offenses.
Funding and positions for the Office of School Safety
The bill provides funding and authorization for several project positions that,
under current law, are funded with federal funds and are set to expire and for several
new positions in the Office of School Safety in DOJ. The new positions include four
resources center analyst positions for the Speak Up, Speak Out program. The bill
also provides 4,160 hours of funding in the 2021-22 fiscal year and the same amount
in the 2022-23 fiscal year for limited-term employees to review materials submitted
by schools in accordance with
2017 Wisconsin Act 143. That act required schools to
submit guidelines and procedures to address school violence, attacks, and threats,
individual safety plans for each school building and facility, and blueprints of each
school building and facility.
miscellaneous
Mental health and substance use services
Currently, DHS must award crisis program enhancement grants to counties or
multicounty regions to establish crisis programs to serve individuals having crises
in rural areas in amounts that are half of the amount the counties or regions provide
to establish or enhance the program. The bill eliminates the limitation that the
grants be related to rural areas and the requirement that the county or region
provide moneys itself in order to receive a grant. The bill increases the amount of
funding for the program from $250,000 per fiscal biennium of general purpose
revenue to $15,000,000 per fiscal biennium. Additionally, the bill increases general
purpose revenue funding for grants for mental health and substance use services
grants and programs, including peer-run respite centers and opioid and
methamphetamine treatment programs.
Hate crimes reporting portal
This bill requires DOJ to develop an Internet-based reporting system and a
telephone hotline for the reporting of hate crimes. Under the bill, DOJ must conduct
a public education campaign on hate crimes and where to report them and must
collect data relating to the reporting of hate crimes. Under the bill, DOJ is required
to submit a biennial report to the legislature on the reporting of hate crimes.
Higher education and special education funding; maintenance of effort
The bill also provides additional funding for higher education and for special
education aid the Department of Public Instruction pays to school districts,
independent charter schools, cooperative educational service agencies, and county
children with disabilities education boards, for purposes of maintaining compliance
with maintenance of effort requirements of the federal Consolidated Appropriations
Act and the federal American Rescue Plan Act.
Statute of limitations after discovery of DNA evidence
The bill changes the applicable time limits on prosecution when DNA evidence
implicates an individual in the commission of a felony.
Under current law, prosecution for a felony generally must be commenced
within six years of the commission of the felony, and prosecution of a misdemeanor
must be commenced within three years of the commission of the misdemeanor.
Certain crimes have a longer time limit on prosecutions, and prosecution for certain
crimes may be commenced at any time.
Under current law, if, within the applicable time limit on prosecution or, if there
is no time limit on prosecution, within six years of the commission of a felony, a DNA
sample is collected that implicates a person in the commission of a felony, the state
may commence prosecution of the person who is the source of the biological material
for the felony or a crime that is related to the felony within 12 months after the DNA
analysis results in a probable identification of the person or within the applicable
time limit on prosecution, whichever is latest.
Under the bill, the statute of limitations is reset at the time a person is
implicated in the commission of a felony by DNA evidence. Under the bill, the state
may commence prosecution of the person for the felony or a crime related to the felony
within the applicable statute of limitations beginning on the day that the person is
implicated in the crime by DNA evidence.
Fraud scheme
The bill creates a new crime of fraud scheme. Under current law, obtaining title
to property of another person by intentionally deceiving the person is a type of theft.
Under current law, multiple thefts may be charged as one offense if they are part of
a single deceptive scheme. The bill creates a new crime that combines these concepts
for circumstances when a single deceptive scheme results in theft by fraud.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1140,1
1Section
1. 6.47 (1) (b) of the statutes is amended to read:
AB1140,11,52
6.47
(1) (b) “Offense relating to domestic abuse, sexual assault, or stalking"
3means an offense specified in s. 940.19, 940.20 (1m),
940.201, 940.22, 940.225,
4940.235, 940.32,
940.43 (2m) (a) to (c) or (3m), 940.44 (2m) (a) to (c), 947.013, 948.02,
5948.025, 948.06, 948.085, 948.09, or 948.095.
AB1140,3
1Section 3
. 20.455 (2) (cs) of the statutes is created to read:
AB1140,12,42
20.455
(2) (cs)
Community policing and community prosecution grant program. 3The amounts in the schedule for the community policing and community prosecution
4grant program under 2021 Wisconsin Act .... (this act), section
164 (4).
AB1140,4
5Section 4
. 20.455 (2) (cs) of the statutes, as created by 2021 Wisconsin Act ....
6(this act), is repealed.
AB1140,5
7Section 5
. 20.455 (2) (ct) of the statutes is created to read:
AB1140,12,108
20.455
(2) (ct)
Officer recruitment, retention, and wellness grant program. The
9amounts in the schedule for the officer recruitment, retention, and wellness grant
10program under 2021 Wisconsin Act .... (this act), section
164 (5).
AB1140,6
11Section 6
. 20.455 (2) (ct) of the statutes, as created by 2021 Wisconsin Act ....
12(this act), is repealed.
AB1140,7
13Section 7
. 20.455 (2) (dm) of the statutes is created to read:
AB1140,12,1614
20.455
(2) (dm)
Violence prevention grants. The amounts in the schedule for
15the violence prevention grant program under 2021 Wisconsin Act .... (this act),
16section
164 (3).
AB1140,8
17Section 8
. 20.455 (2) (dm) of the statutes, as created by 2021 Wisconsin Act
18.... (this act), is repealed.
AB1140,9
19Section
9. 20.455 (2) (em) (title) of the statutes is amended to read:
AB1140,12,2120
20.455
(2) (em) (title)
Alternatives Grants for alternatives to prosecution and
21incarceration for persons who use alcohol or other drugs; presentencing assessments.
AB1140,10
1Section
10. 20.455 (2) (gr) of the statutes is amended to read:
AB1140,13,52
20.455
(2) (gr)
Handgun
Firearm purchaser record check; checks for licenses or
3certifications to carry concealed weapons. All moneys received as fee payments under
4ss. 175.35 (2i)
(a), 175.49 (5m), and 175.60 (7) (c) and (d), (13), and (15) (b) 4. a. and
5b. to provide services under ss. 175.35, 175.49, and 175.60.
AB1140,11
6Section 11
. 20.455 (5) (dm) of the statutes is created to read:
AB1140,13,87
20.455
(5) (dm)
Address confidentiality program. The amounts in the schedule
8for the address confidentiality program under s. 165.68.
AB1140,12
9Section 12
. 46.48 (31) of the statutes is amended to read:
AB1140,13,1310
46.48
(31) Peer run respite centers. The department may distribute
not more
11than $1,200,000 in each fiscal year, beginning in fiscal year 2014-15, grants to
12regional peer run respite centers for individuals with mental health and substance
13abuse concerns.
AB1140,13
14Section 13
. 46.536 of the statutes is amended to read:
AB1140,13,21
1546.536 Crisis program enhancement grants. From the appropriation
16under s. 20.435 (5) (cf), the department shall award grants in the total amount of
17$250,000 $15,000,000 in each fiscal biennium to counties or regions comprised of
18multiple counties to establish or enhance crisis programs to serve individuals having
19crises
in rural areas. The department shall award a grant under this section in an
20amount equal to one-half the amount of money the county or region provides to
21establish or enhance crisis programs.
AB1140,14
22Section
14. 48.685 (2) (bb) of the statutes is amended to read:
AB1140,14,1423
48.685
(2) (bb) If information obtained under par. (am), (b), or (ba) indicates a
24charge of a serious crime, but does not completely and clearly indicate the final
25disposition of the charge, the department, county department, child welfare agency,
1or entity shall make every reasonable effort to contact the clerk of courts to determine
2the final disposition of the charge. If a background information form under sub. (6)
3(a) or (am) indicates a charge or a conviction of a serious crime, but information
4obtained under par. (am), (b), or (ba) does not indicate such a charge or conviction,
5the department, county department, child welfare agency, or entity shall make every
6reasonable effort to contact the clerk of courts to obtain a copy of the criminal
7complaint and the final disposition of the complaint. If information obtained under
8par. (am), (b), or (ba), a background information form under sub. (6) (a) or (am), or
9any other information indicates a conviction of a violation of s. 940.19 (1), 940.195,
10940.20,
940.202, 941.30, 942.08, 947.01 (1), or 947.013 obtained not more than 5
11years before the date on which that information was obtained, the department,
12county department, child welfare agency, or entity shall make every reasonable
13effort to contact the clerk of courts to obtain a copy of the criminal complaint and
14judgment of conviction relating to that violation.
AB1140,15
15Section
15. 48.685 (5) (bm) 4. of the statutes is amended to read:
AB1140,14,2216
48.685
(5) (bm) 4. A violation of s. 940.19 (3), 1999 stats., or of s. 125.075 (1),
17125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5),
18or (6), 940.20,
940.202, 940.203, 940.205, 940.207,
or 940.25,
940.43 (2m) (a) or (3m),
19or 940.44 (2m) (a), a violation of s. 346.63 (1), (2), (5), or (6) that is a felony under s.
20346.65 (2) (am) 4. to 7., or (f), (2j) (d), or (3m), or an offense under ch. 961 that is a
21felony, if committed not more than 5 years before the date of the investigation under
22sub. (2) (am).
AB1140,16
23Section
16. 48.686 (1) (c) 9. of the statutes is amended to read:
AB1140,15,324
48.686
(1) (c) 9. A violation of s. 125.075 (1), 125.085 (3) (a) 2., 125.105 (2) (b),
25125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5), or (6), 940.20,
940.202, 940.203,
1940.205, 940.207, 940.25, or 943.23 (1g), a violation of s. 346.63 (1), (2), (5), or (6) that
2is a felony under s. 346.65 (2) (am) 4., 5., 6., or 7. or (f), (2j) (d), or (3m), or an offense
3under ch. 961 that is a felony.
AB1140,17
4Section
17. 48.686 (1) (c) 12. of the statutes is amended to read:
AB1140,15,95
48.686
(1) (c) 12. A violation of the laws of another state or United States
6jurisdiction that if committed in this state would constitute felony battery under s.
7940.19 (2), (4), (5), or (6)
or, 940.20,
or 940.202, a felony offense of domestic abuse, as
8defined in s. 813.12 (1) (am), a sex offense or a violent crime under ch. 948, or a
9violation of s. 940.225 if the victim was a child.
AB1140,18
10Section
18. 48.686 (2) (bb) of the statutes is amended to read:
AB1140,15,2411
48.686
(2) (bb) If information obtained under par. (am) indicates a charge of a
12serious crime, but does not completely and clearly indicate the final disposition of the
13charge, the department shall make every reasonable effort to contact the clerk of
14courts to determine the final disposition of the charge. If information submitted to
15the department under par. (ag) indicates a charge or a conviction of a serious crime,
16but information obtained under par. (am) does not indicate such a charge or
17conviction, the department shall make every reasonable effort to contact the clerk
18of courts to obtain a copy of the criminal complaint and the final disposition of the
19complaint. If information obtained under par. (am), information submitted under
20par. (ag), or any other information indicates a conviction of a violation of s. 940.19 (1),
21940.195, 940.20,
940.202, 941.30, 942.08, 947.01 (1), or 947.013 obtained not more
22than 5 years before the date on which that information was obtained, the department
23shall make every reasonable effort to contact the clerk of courts to obtain a copy of
24the criminal complaint and judgment of conviction relating to that violation.
AB1140,19
25Section
19. 50.065 (2) (bb) of the statutes is amended to read:
AB1140,16,17
150.065
(2) (bb) If information obtained under par. (am) or (b) indicates a charge
2of a serious crime, but does not completely and clearly indicate the final disposition
3of the charge, the department or entity shall make every reasonable effort to contact
4the clerk of courts to determine the final disposition of the charge. If a background
5information form under sub. (6) (a) or (am), or any disclosure made pursuant to a
6disclosure policy described under sub. (6) (am), indicates a charge or a conviction of
7a serious crime, but information obtained under par. (am) or (b) does not indicate
8such a charge or conviction, the department or entity shall make every reasonable
9effort to contact the clerk of courts to obtain a copy of the criminal complaint and the
10final disposition of the complaint. If information obtained under par. (am) or (b), a
11background information form under sub. (6) (a) or (am), any disclosure made
12pursuant to a disclosure policy described under sub. (6) (am), or any other
13information indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20,
14940.202, 941.30, 942.08, 947.01 (1), or 947.013 obtained not more than 5 years before
15the date on which that information was obtained, the department or entity shall
16make every reasonable effort to contact the clerk of courts to obtain a copy of the
17criminal complaint and judgment of conviction relating to that violation.
AB1140,20
18Section 20
. 165.63 (3) of the statutes is amended to read:
AB1140,16,2219
165.63
(3) Requests from courts. In making a determination required under
20s.
813.124 (7) (a), 813.1285 (7) (a)
, or 968.20 (1m) (d) 1., a judge or court commissioner
21shall request information under sub. (2) from the department or from a law
22enforcement agency or law enforcement officer as provided in sub. (4) (d).
AB1140,21
23Section 21
. 165.63 (4) (d) of the statutes is amended to read:
AB1140,17,3
1165.63
(4) (d) Aid the court in making a determination required under s.
2813.124 (7) (a), 813.1285 (7) (a)
, or 968.20 (1m) (d) 1. or aid an entity in making a
3determination required under s. 968.20 (1m) (d) 2.
AB1140,22
4Section
22. 165.70 (1) (b) of the statutes is amended to read:
AB1140,17,85
165.70
(1) (b) Except as provided in sub. (1m), enforce chs. 945 and 961 and ss.
6940.20 (3), 940.201, 940.202, 940.43 (3m), 941.25, 941.26, 943.01 (2) (c), 943.011,
7943.27, 943.28, 943.30, 944.30 (1m), 944.31, 944.32, 944.33, 944.34, 946.65, 947.02
8(3) and (4), 948.075, 948.08, and 948.081.
AB1140,23
9Section 23
. 165.73 of the statutes is created to read:
AB1140,17,11
10165.73 Hate crimes reporting.
(1) In this section, “hate crime” means an
11act described under s. 939.645 (1).
AB1140,17,15
12(2) The department of justice shall provide a publicly accessible
13Internet-based reporting system and a telephone hotline for the reporting of hate
14crimes. The department of justice shall ensure that the reporting system and hotline
15do all of the following:
AB1140,17,1716
(a) Relay a report of a hate crime to the appropriate employee of the department
17or law enforcement officer for investigation.
AB1140,17,1818
(b) Direct individuals to appropriate local support services.
AB1140,17,2119
(c) Maintain confidentiality for any personally identifiable information that an
20individual provides through the reporting system or hotline, except as needed for
21investigative, legal, or crime victims service purposes.
AB1140,17,2422
(d) Are staffed by individuals who are trained to be knowledgeable about
23applicable federal, state, and local hate crime laws and law enforcement and support
24services.
AB1140,18,4
1(3) The department of justice shall collaborate with community organizations
2to provide a public education campaign to raise awareness of hate crimes and to
3promote the reporting of hate crimes using the reporting system and hotline
4described in sub. (2).
AB1140,18,6
5(4) The department of justice shall collect data on hate crime reporting under
6sub. (2).
AB1140,18,9
7(5) The department of justice shall, biennially, submit a report to the
8appropriate standing committees of the legislature under s. 13.172 (3) on the
9department's activities under this section.
AB1140,18,1712
165.84
(7) (ab) 1. A felony violation of s. 940.01, 940.05, 940.198 (2), 940.21,
13940.225 (1), (2), or (3), 940.235, 940.30, 940.302 (2), 940.305, 940.31, 940.32 (2), (2e),
14or (2m), 940.43
, 940.45 (1m) or (2m), 940.44, 941.20, 941.21, 941.327, 943.02, 943.06,
15943.10, 943.23 (1g) or (2), 943.32, 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c) or (5)
16(a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.07, 948.08, 948.085, 948.095, or
17948.30 (2).
AB1140,25
18Section
25. 165.84 (7) (ab) 2. of the statutes is amended to read:
AB1140,18,2219
165.84
(7) (ab) 2. A felony violation of s. 940.02, 940.03, 940.06, 940.07, 940.08,
20940.09 (1c), 940.10, 940.19 (2), (4), (5), or (6), 940.195 (2), (4), (5), or (6), 940.20,
21940.201 (2) 940.202, 940.203 (2), 940.205 (2), 940.207 (2), 940.208, 940.23,
940.43
22(3m), 941.30, or 948.03 (3) or (5) (a) 4.
AB1140,26
23Section
26. 165.95 (title) of the statutes is amended to read:
AB1140,18,25
24165.95 (title)
Alternatives to prosecution and incarceration; grant
25program.
AB1140,27
1Section
27
. 165.95 (1) (ac) of the statutes is created to read:
AB1140,19,42
165.95
(1) (ac) “Evidence-based practice" means a practice that has been
3developed using research to determine its efficacy for achieving positive measurable
4outcomes, including reducing recidivism and increasing public safety.
AB1140,28
5Section 28
. 165.95 (2) of the statutes is amended to read:
AB1140,19,136
165.95
(2) The department of justice shall make grants to counties and to tribes
7to enable them to establish and operate programs, including suspended and deferred
8prosecution programs and programs based on principles of restorative justice, that
9provide alternatives to prosecution and incarceration for criminal offenders
who 10abuse alcohol or other drugs. The department of justice shall make the grants from
11the appropriations under s. 20.455 (2) (ek), (em), (jd), (kn), and (kv). The department
12of justice shall collaborate with the departments of corrections and health and family
13services in establishing this grant program.
AB1140,29
14Section
29. 165.95 (2r) of the statutes is amended to read:
AB1140,19,1715
165.95
(2r) Any county or tribe that receives a grant under this section
on or
16after January 1, 2012, shall provide matching funds that are equal to
25 10 percent
17of the amount of the grant.
AB1140,30
18Section
30. 165.95 (3) (a) of the statutes is repealed.
AB1140,31
19Section 31
. 165.95 (3) (ag) of the statutes is created to read: