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
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.