SB1091: Bill Text

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:

SB1091,1 Section 1. 6.47 (1) (b) of the statutes is amended to read:

SB1091,11,5 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.

SB1091,2 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

SB1091,3 Section 3 . 20.455 (2) (cs) of the statutes is created to read:

SB1091,12,4 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).

SB1091,4 Section 4 . 20.455 (2) (cs) of the statutes, as created by 2021 Wisconsin Act .... (this act), is repealed.

SB1091,5 Section 5 . 20.455 (2) (ct) of the statutes is created to read:

SB1091,12,10 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).

SB1091,6 Section 6 . 20.455 (2) (ct) of the statutes, as created by 2021 Wisconsin Act .... (this act), is repealed.

SB1091,7 Section 7 . 20.455 (2) (dm) of the statutes is created to read:

SB1091,12,16 20.455 (2) (dm) Violence prevention grants. The amounts in the schedule for the violence prevention grant program under 2021 Wisconsin Act .... (this act), section 164 (3).

SB1091,8 Section 8 . 20.455 (2) (dm) of the statutes, as created by 2021 Wisconsin Act .... (this act), is repealed.

SB1091,9 Section 9. 20.455 (2) (em) (title) of the statutes is amended to read:

SB1091,12,21 20.455 (2) (em) (title) Alternatives Grants for alternatives to prosecution and incarceration for persons who use alcohol or other drugs; presentencing assessments.

SB1091,10 Section 10. 20.455 (2) (gr) of the statutes is amended to read:

SB1091,13,5 20.455 (2) (gr) Handgun Firearm purchaser record check; checks for licenses or certifications to carry concealed weapons. All moneys received as fee payments under ss. 175.35 (2i) (a), 175.49 (5m), and 175.60 (7) (c) and (d), (13), and (15) (b) 4. a. and b. to provide services under ss. 175.35, 175.49, and 175.60.

SB1091,11 Section 11 . 20.455 (5) (dm) of the statutes is created to read:

SB1091,13,8 20.455 (5) (dm) Address confidentiality program. The amounts in the schedule for the address confidentiality program under s. 165.68.

SB1091,12 Section 12 . 46.48 (31) of the statutes is amended to read:

SB1091,13,13 46.48 (31) Peer run respite centers. The department may distribute not more than $1,200,000 in each fiscal year, beginning in fiscal year 2014-15, grants to regional peer run respite centers for individuals with mental health and substance abuse concerns.

SB1091,13 Section 13 . 46.536 of the statutes is amended to read:

SB1091,13,21 46.536 Crisis program enhancement grants. From the appropriation under s. 20.435 (5) (cf), the department shall award grants in the total amount of $250,000 $15,000,000 in each fiscal biennium to counties or regions comprised of multiple counties to establish or enhance crisis programs to serve individuals having crises in rural areas. The department shall award a grant under this section in an amount equal to one-half the amount of money the county or region provides to establish or enhance crisis programs.

SB1091,14 Section 14. 48.685 (2) (bb) of the statutes is amended to read:

SB1091,14,14 48.685 (2) (bb) If information obtained under par. (am), (b), or (ba) indicates a charge of a serious crime, but does not completely and clearly indicate the final disposition of the charge, the department, county department, child welfare agency, 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) indicates a charge or a conviction of a serious crime, but information obtained under par. (am), (b), or (ba) does not indicate such a charge or conviction, the department, county department, child welfare agency, 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), (b), or (ba), a background information form under sub. (6) (a) or (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, county department, child welfare agency, 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.

SB1091,15 Section 15. 48.685 (5) (bm) 4. of the statutes is amended to read:

SB1091,14,22 48.685 (5) (bm) 4. A violation of s. 940.19 (3), 1999 stats., or 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, or 940.25, 940.43 (2m) (a) or (3m), or 940.44 (2m) (a), a violation of s. 346.63 (1), (2), (5), or (6) that is a felony under s. 346.65 (2) (am) 4. to 7., or (f), (2j) (d), or (3m), or an offense under ch. 961 that is a felony, if committed not more than 5 years before the date of the investigation under sub. (2) (am).

SB1091,16 Section 16. 48.686 (1) (c) 9. of the statutes is amended to read:

SB1091,15,3 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.

SB1091,17 Section 17. 48.686 (1) (c) 12. of the statutes is amended to read:

SB1091,15,9 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.

SB1091,18 Section 18. 48.686 (2) (bb) of the statutes is amended to read:

SB1091,15,24 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.

SB1091,19 Section 19. 50.065 (2) (bb) of the statutes is amended to read:

SB1091,16,17 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.

SB1091,20 Section 20 . 165.63 (3) of the statutes is amended to read:

SB1091,16,22 165.63 (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).

SB1091,21 Section 21 . 165.63 (4) (d) of the statutes is amended to read:

SB1091,17,3 165.63 (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.

SB1091,22 Section 22. 165.70 (1) (b) of the statutes is amended to read:

SB1091,17,8 165.70 (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.

SB1091,23 Section 23 . 165.73 of the statutes is created to read:

SB1091,17,11 165.73 Hate crimes reporting. (1) In this section, “hate crime” means an act described under s. 939.645 (1).

SB1091,17,15 (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:

SB1091,17,17 (a) Relay a report of a hate crime to the appropriate employee of the department or law enforcement officer for investigation.

SB1091,17,18 (b) Direct individuals to appropriate local support services.

SB1091,17,21 (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.

SB1091,17,24 (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.

SB1091,18,4 (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).

SB1091,18,6 (4) The department of justice shall collect data on hate crime reporting under sub. (2).

SB1091,18,9 (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.

SB1091,24 Section 24. 165.84 (7) (ab) 1. of the statutes, as affected by 2021 Wisconsin Act 76, is amended to read:

SB1091,18,17 165.84 (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).

SB1091,25 Section 25. 165.84 (7) (ab) 2. of the statutes is amended to read:

SB1091,18,22 165.84 (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.

SB1091,26 Section 26. 165.95 (title) of the statutes is amended to read:

SB1091,18,25 165.95 (title) Alternatives to prosecution and incarceration; grant program.

SB1091,27 Section 27 . 165.95 (1) (ac) of the statutes is created to read:

SB1091,19,4 165.95 (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.

SB1091,28 Section 28 . 165.95 (2) of the statutes is amended to read:

SB1091,19,13 165.95 (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.

SB1091,29 Section 29. 165.95 (2r) of the statutes is amended to read:

SB1091,19,17 165.95 (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.

SB1091,30 Section 30. 165.95 (3) (a) of the statutes is repealed.

SB1091,31 Section 31 . 165.95 (3) (ag) of the statutes is created to read:

SB1091,19,23 165.95 (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.

SB1091,32 Section 32 . 165.95 (3) (b) of the statutes is amended to read:

SB1091,20,6 165.95 (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.

SB1091,33 Section 33 . 165.95 (3) (bd) of the statutes is created to read:

SB1091,20,10 165.95 (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.

SB1091,34 Section 34 . 165.95 (3) (cm) 2. of the statutes is created to read:

SB1091,20,17 165.95 (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.

SB1091,35 Section 35. 165.95 (3) (d) of the statutes is amended to read:

SB1091,20,22 165.95 (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.

SB1091,36 Section 36. 165.95 (3) (e) of the statutes is amended to read:

SB1091,20,25 165.95 (3) (e) The program uses graduated sanctions and incentives to promote successful substance abuse treatment success.

SB1091,37 Section 37. 165.95 (3) (g) of the statutes is amended to read:

SB1091,21,9 165.95 (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.

SB1091,38 Section 38 . 165.95 (3) (h) of the statutes is amended to read:

SB1091,21,14 165.95 (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.

SB1091,39 Section 39 . 165.95 (3) (i) of the statutes is renumbered 165.95 (3d) and amended to read:

SB1091,21,21 165.95 (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.