AB1140: Bill Text

Under federal law, a person is prohibited from possessing a firearm if he or she has been convicted of a misdemeanor crime of domestic violence. Under state law, a person who is prohibited from possessing a firearm under federal or state law also may not purchase a firearm or be issued a license to carry a concealed weapon. State law requires DOJ, before approving a handgun purchase or issuing a license, to conduct a background check to determine if the person is prohibited from possessing a firearm. To determine if the person is prohibited under federal law, DOJ must review court records of all of the person's criminal convictions to identify if any conviction is for a misdemeanor crime of domestic violence. DOJ must determine if the relationship between the offender and the victim qualifies as a domestic relationship and if the offender engaged in violent conduct when committing the crime. The bill reorganizes two statutes—the crime of disorderly conduct and the definition of domestic abuse—so that DOJ is able to more easily determine if a conviction qualifies as a misdemeanor crime of domestic violence.

First, under current law, a person is guilty of disorderly conduct if the person engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct and if the conduct tends to cause or provoke a disturbance. A person who has been convicted of disorderly conduct is prohibited from possessing a firearm if the disorderly conduct was a misdemeanor crime of domestic violence—that is if the person engaged in violent conduct and if the relationship between the person and the victim was domestic. The bill reorganizes the disorderly conduct statute to separate “violent” conduct from the other types of disorderly conduct so that the court record clearly indicates that the crime was a violent crime.

Second, under current state law, “domestic abuse” is defined as certain actions taken against a victim if the victim is related to the actor, has a child in common with the actor, or currently resides or has resided with the actor. Unlike state law, federal law does not define a crime as domestic violence if the only relationship is that the victim currently resides or has resided with the actor. The bill reorganizes the statute defining domestic abuse so that a court record would indicate the exact nature of the relationship. Therefore, under the bill, the court record would indicate when a person who is guilty under state law of a crime of domestic abuse is not guilty under federal law of a misdemeanor crime of domestic violence.

Domestic violence protection orders

Under federal law, a person is prohibited from possessing a firearm if the person is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or the partner's child and that contains a finding that the person represents a credible threat to the safety of the partner or child or an explicit term that prohibits the person from using, attempting to use, or threatening to use physical force against the partner or child.

Under the bill, if a person is released on bail or bond and the court issues such an order, the clerk of court must send a copy of the order to the appropriate sheriff within one business day of the person's release. The sheriff must then enter the court order into the information system so that law enforcement has access to the order similar to how law enforcement has access to other orders for domestic violence, harassment, or child abuse that prohibit a person from possessing a firearm.

Prohibition on undetectable “ghost” guns

The bill prohibits the manufacture, transportation, sale, possession, and carrying of firearms that cannot be detected by metal detectors or airport x-ray machines or scanners. Federal law currently has a comparable prohibition; under the bill, the person would violate state law as well. A person who violates the state prohibition is guilty of a Class G felony.

The bill also prohibits the sale, posting, provision, or possession of plans for manufacturing an undetectable firearm. A person who violates the prohibition is guilty of a Class H felony.

Finally, the bill prohibits the possession of a frame or a receiver of a firearm that is not marked with a serial number. A person who violates the prohibition is guilty of a Class I felony.

Penalty increase for the illegal possession of a firearm or for the straw purchase of a firearm

The bill increases the penalty for the illegal possession of a firearm or for the straw purchase of a firearm. Under current law either crime is a Class G felony. The bill increases the penalty to a Class F felony for a repeat offense.

victims and witnesses

Victim witness reimbursement payments

Under current law, DOJ provides reimbursement to counties for costs incurred in providing services to victims and witnesses of crime. The bill increases funding for these reimbursements by $3,250,000 in each fiscal year of the 2021-23 biennium.

Address confidentiality program

The bill provides new general purpose revenue funding for the address confidentiality program operated by DOJ. Under current law, DOJ's address confidentiality program, known as “Safe at Home,” provides certain victims of domestic abuse with a substitute legal address that can be used for both public and private purposes so that the victim's home address can remain confidential.

Intimidation of a witness or a victim

Under current law, the crime of intimidation of a witness or a victim is a Class A misdemeanor, unless certain aggravating factors are present, in which case it is a Class H felony. The bill increases the penalty for the crime of intimidation of a witness or a victim from a Class A misdemeanor to a Class H felony and from a Class H felony to a Class G felony if the aggravating factors are present.

Victim services

The bill provides an additional $10,000,000 in the 2021-23 biennium for victim services provided by DOJ across the state.

law enforcement recruitment, retention, and training

Reimbursement for law enforcement specialized training

Under current law, the Law Enforcement Standards Board reimburses political subdivisions for certain expenses associated with certification training for law enforcement officers. Under current law, these reimbursements are funded from a combination of GPR and penalty surcharges on court fines and forfeitures. The bill increases GPR funding for law enforcement certification training reimbursements by $1,000,000 GPR in each fiscal year.

Law enforcement officer recruitment, retention, and wellness grants

The bill requires DOJ to provide $10,000,000 in grants in the 2021-23 fiscal biennium for programs designed to recruit and retain law enforcement officers and to promote officer wellness.

obstructing justice

Obstructing justice

Under current law, the crime of obstructing justice is defined as knowingly giving, for consideration, false information to a judge, court reporter, bailiff, or district attorney with intent to influence that person in the performance of official functions and is a Class I felony. Under current law, it is also a Class I felony to destroy documents that are subject to subpoena, and it is a Class H felony to bribe a witness.

Under the bill, the crime of obstructing justice is redefined to include a variety of acts that interfere with a governmental or criminal investigation, including all of the following:

1. Withholding or destroying records or oral testimony with intent to obstruct a legal investigation.

2. Interfering with a legal or governmental proceeding through the use of a bribe or a threat.

3. Interfering, by threat or force, with the exercise of rights or performance of duties pursuant to a court order.

4. Obstructing or otherwise interfering with the communication to a criminal investigator of information relating to a crime.

5. Altering or destroying a record, document, or other object in order to interfere with a governmental investigation or administration of any other matter in the jurisdiction of the state government.

6. Accepting a bribe to influence, obstruct, or impede a legal or governmental proceeding.

Any of these activities is a Class H felony under the bill.

Battery or threat of a juror or a family member of a juror

Under current law, the crime of battery is defined as intentionally causing another person bodily harm and is a Class A misdemeanor. Under current law, if the battery is a special circumstance battery—for example, the battery is committed against an individual because of the individual's status as a law enforcement officer, witness in a trial, or juror—the penalty is increased to a Class H felony. Under the bill, a threat or battery against a juror or a threat or battery against a family member of a juror is also a Class H felony.

DEPARTMENT OF justice and DEPARTMENT OF corrections programs

Treatment alternatives and diversion grant program

Under current law, DOJ, in collaboration with the Department of Corrections and the Department of Health Services, awards grants to counties or tribes that have established qualifying treatment alternatives and diversion (TAD) programs that offer substance abuse or mental health treatment services as alternatives to prosecution or incarceration in order to reduce recidivism, promote public safety, and reduce prison and jail populations.

Under current law, in order to qualify for a TAD grant, a county's or tribe's program is required to match 25 percent of the grant, and a program is required to charge participants a fee to participate. A county or tribe that receives a TAD grant must create an oversight committee to administer and evaluate its program. DOJ is required to make grants available to any county or tribe on a competitive basis every five years. At the end of the five-year grant cycle, DOJ is required to prepare a comprehensive report on the grant program based on annual reports and other data it collects from the counties and tribes.

The bill makes several changes to the TAD grant program. Under the bill, a program funded by a TAD grant need not focus solely on alcohol and other drug treatment but must employ evidence-based practices targeted to the population served by the program. The bill changes the match requirement from 25 percent to 10 percent and changes the competitive grant process to a four-year cycle. The bill allows, but does not require, an eligible program to charge participants a fee for their treatment. The bill also eliminates certain requirements pertaining to exposure of genitals during drug testing.

Under current law, when a person pleads or is found guilty of certain drug offenses, the court is required to order a substance use assessment. Under current law, the court does not have to order an assessment if the person is already covered by such an order, has recently completed an assessment under such an order, or is participating in a TAD program. The bill specifies that if a person is participating in any evidence-based substance use disorder treatment program as determined by DOJ, regardless of its status relating to the TAD program, the court does not need to order an assessment.

The bill provides an additional $15,522,000 of funding for TAD programs in the 2021-23 fiscal biennium.

Community policing and community prosecution grant program

The bill provides $20,000,000 in grant funding in the 2021-23 fiscal biennium through DOJ to support community policing and community prosecution. In awarding the grants, DOJ may consider the use of hot-spot policing practices to address the needs of the community.

Violence prevention grants

The bill provides $10,000,000 in grant funding in the 2021-23 fiscal biennium through DOJ for violence prevention programs. Under the bill, DOJ must consult with DHS to determine grant awards.

Becky Young recidivism reduction

The bill increases by $5,000,000 in each fiscal year of the 2021-23 biennium the funding for community services established by the Department of Corrections that have the goals of increasing public safety, reducing the risk that offenders on community supervision will reoffend, and reducing recidivism among people who are on probation, parole, or extended supervision.

Increasing position authorizations for Department of Justice programs

The bill provides to DOJ the following position authorizations:

1. Five additional positions for the alternatives to prosecution and incarceration grant program.

2. Two additional positions for law enforcement officer training and wellness initiatives.

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 Section 1. 6.47 (1) (b) of the statutes is amended to read:

AB1140,11,5 6.47 (1) (b) “Offense relating to domestic abuse, sexual assault, or stalking" means an offense specified in s. 940.19, 940.20 (1m), 940.201, 940.22, 940.225, 940.235, 940.32, 940.43 (2m) (a) to (c) or (3m), 940.44 (2m) (a) to (c), 947.013, 948.02, 948.025, 948.06, 948.085, 948.09, or 948.095.

AB1140,2 Section 2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table - See PDF for table - See PDF for table - See PDF for table

AB1140,3 Section 3 . 20.455 (2) (cs) of the statutes is created to read:

AB1140,12,4 20.455 (2) (cs) Community policing and community prosecution grant program. The amounts in the schedule for the community policing and community prosecution grant program under 2021 Wisconsin Act .... (this act), section 164 (4).

AB1140,4 Section 4 . 20.455 (2) (cs) of the statutes, as created by 2021 Wisconsin Act .... (this act), is repealed.

AB1140,5 Section 5 . 20.455 (2) (ct) of the statutes is created to read:

AB1140,12,10 20.455 (2) (ct) Officer recruitment, retention, and wellness grant program. The amounts in the schedule for the officer recruitment, retention, and wellness grant program under 2021 Wisconsin Act .... (this act), section 164 (5).