Amendment AA10-SB70

SB70-AA10,87,6 “ Section 9133. Nonstatutory provisions; Public Defender Board.

SB70-AA10,87,11 (1) Programmatic Funding Realignment. Transfer funding annually within the State Public Defender Board GPR program operation appropriation between private bar and investigator reimbursement (-$622,800 GPR) and transcripts, discovery, and interpreter costs ($622,800 GPR) in order to align budgeted funding with programmatic expenditures.”.

SB70-AA10,87,12 239. Page 374, line 11: after that line insert:

SB70-AA10,87,13 “ Section 9108. Nonstatutory provisions; Corrections.

SB70-AA10,87,17 (1) Bureau of technology management contracted positions. The authorized FTE positions for the department of corrections are increased by 3.0 GPR positions to convert 3 Bureau of Technology Management contracted positions to full-time employee positions.”.

SB70-AA10,87,18 240. Page 374, line 11: after that line insert:

SB70-AA10,87,19 “ Section 134. 978.03 (1m) of the statutes is amended to read:

SB70-AA10,88,5 978.03 (1m) The district attorney of any prosecutorial unit having a population of 200,000 or more but less than 750,000 may appoint 3 4 deputy district attorneys and such assistant district attorneys as may be requested by the department of administration and authorized in accordance with s. 16.505. The district attorney shall rank the deputy district attorneys for purposes of carrying out duties under this section. The deputies, according to rank, may perform any duty of the district attorney, under the district attorney's direction. In the absence or disability of the district attorney, the deputies, according to rank, may perform any act required by law to be performed by the district attorney. Any such deputy must have practiced law in this state for at least 2 years prior to appointment under this section.”.

SB70-AA10,88,6 241. Page 374, line 11: after that line insert:

SB70-AA10,88,8 “ Section 135. 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

SB70-AA10,136 Section 136. 20.455 (5) (bf) of the statutes is created to read:

SB70-AA10,88,12 20.455 (5) (bf) Grants to provide services to crime victims. As a continuing appropriation, the amounts in the schedule to provide grants under s. 165.935 for crime victim service programs.

SB70-AA10,137 Section 137. 165.935 of the statutes is created to read:

SB70-AA10,88,16 165.935 Grants for crime victim services. The department of justice shall award grants from the appropriation under s. 20.455 (5) (bf) to organizations that provide services for crime victims.”.

SB70-AA10,88,17 242. Page 374, line 11: after that line insert:

SB70-AA10,88,18 “ Section 138. 301.26 (4) (d) 2. of the statutes is amended to read:

SB70-AA10,89,8 301.26 (4) (d) 2. Beginning on July 1, 2019, and ending on June 30, 2020, the per person daily cost assessment to counties shall be $532 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $532 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3). Beginning on July 1, 2021 2023, and ending on June 30, 2022 2024, the per person daily cost assessment to counties shall be $1,154 is $1,246 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $1,154 $1,246 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3).

SB70-AA10,139 Section 139. 301.26 (4) (d) 3. of the statutes is amended to read:

SB70-AA10,89,21 301.26 (4) (d) 3. Beginning on July 1, 2020, and ending on December 31, 2020, the per person daily cost assessment to counties shall be $550 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $550 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3). Beginning on January 1, 2021, and ending on June 30, 2021, the per person daily cost assessment to counties shall be $615 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $615 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3). Beginning on July 1, 2022 2024, and ending on June 30, 2023 2025, the per person daily cost assessment to counties shall be $1,178 is $1,268 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $1,178 $1,268 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3).”.

SB70-AA10,89,22 243. Page 374, line 11: after that line insert:

SB70-AA10,89,23 “ Section 140. 111.335 (3) (a) of the statutes is renumbered 111.335 (3) (ar).

SB70-AA10,141 Section 141. 111.335 (3) (ah) of the statutes is created to read:

SB70-AA10,90,7 111.335 (3) (ah) 1. Employment discrimination because of conviction record includes, but is not limited to, requesting an applicant, employee, member, licensee, or any other individual, on an application form or otherwise, to supply information regarding a crime the record of which has been expunged under s. 973.015. A request to supply information regarding criminal convictions shall not be construed as a request to supply information regarding a crime the record of which has been expunged under s. 973.015.

SB70-AA10,90,13 2. Notwithstanding par. (ar) 1., and except as provided in par. (g), it is employment discrimination because of conviction record for an employer or licensing agency to engage in any act of employment discrimination specified in s. 111.322 on the basis of a conviction the record of which has been expunged under s. 973.015. This subdivision does not apply to the extent that its application conflicts with federal law.

SB70-AA10,142 Section 142. 111.335 (3) (g) of the statutes is created to read:

SB70-AA10,90,19 111.335 (3) (g) Notwithstanding s. 111.322, it is not employment discrimination because of conviction record for the law enforcement standards board to refuse to certify, recertify, or allow to participate in a preparatory training program or to decertify under s. 165.85 an individual who has a conviction the record of which has been expunged under s. 973.015.

SB70-AA10,143 Section 143. 111.335 (4) (b) of the statutes is amended to read:

SB70-AA10,90,25 111.335 (4) (b) It is employment discrimination because of conviction record for a licensing agency to refuse to license any individual under sub. (3) (a) (ar) 1. or to bar or terminate an individual from licensing under sub. (3) (a) (ar) 1. because the individual was adjudicated delinquent under ch. 938 for an offense other than an exempt offense.

SB70-AA10,144 Section 144. 111.335 (4) (c) 1. (intro.) of the statutes is amended to read:

SB70-AA10,91,4 111.335 (4) (c) 1. (intro.) If a licensing agency refuses to license an individual under sub. (3) (a) (ar) 1. or bars or terminates an individual from licensing under sub. (3) (a) (ar) 1., the licensing agency shall, subject to subd. 2., do all of the following:

SB70-AA10,145 Section 145. 111.335 (4) (e) of the statutes is amended to read:

SB70-AA10,91,10 111.335 (4) (e) A state licensing agency that may refuse to license individuals under sub. (3) (a) (ar) 1. or that may bar or terminate an individual from licensure under sub. (3) (a) (ar) 1. shall publish on the agency's Internet site a document indicating the offenses or kinds of offenses that may result in such a refusal, bar, or termination.

SB70-AA10,146 Section 146. 111.335 (4) (f) 1. of the statutes is amended to read:

SB70-AA10,91,17 111.335 (4) (f) 1. A state licensing agency that may refuse to license individuals under sub. (3) (a) (ar) 1. or that may bar or terminate individuals from licensing under sub. (3) (a) (ar) 1. shall allow an individual who does not possess a license to, without submitting a full application and without paying the fees applicable to applicants, apply to the agency for a determination of whether the individual would be disqualified from obtaining the license due to his or her conviction record.

SB70-AA10,147 Section 147. 950.04 (1v) (g) of the statutes is amended to read:

SB70-AA10,91,21 950.04 (1v) (g) To have reasonable attempts made to notify the victim of hearings or court proceedings, as provided under ss. 302.113 (9g) (g) 2., 302.114 (6), 938.27 (4m) and (6), 938.273 (2), 971.095 (3) and , 972.14 (3) (b), and 973.015 (1m) (c).

SB70-AA10,148 Section 148. 973.015 (1b) of the statutes is created to read:

SB70-AA10,91,23 973.015 (1b) In this section, “record” means a criminal case file.

SB70-AA10,149 Section 149. 973.015 (1m) (a) 1. of the statutes is renumbered 973.015 (1m) (a) 1. (intro.) and amended to read:

SB70-AA10,92,8 973.015 (1m) (a) 1. (intro.) Subject to subd. 2. and except as provided in subd. 3., when a person is under the age of 25 at the time of the commission of an offense for which the person has been found guilty in a court for violation of a law for which the maximum period of imprisonment is 6 years or less, the, a court may order at the time of sentencing after a conviction that the record a criminal case be expunged upon successful completion of the sentence if the court determines the person will benefit and society will not be harmed by this disposition. by one of the following methods:

SB70-AA10,92,11 (d) This subsection does not apply to information maintained by the department of transportation regarding a conviction that is required to be included in a record kept under s. 343.23 (2) (a).

SB70-AA10,150 Section 150. 973.015 (1m) (a) 1. a. and b. of the statutes are created to read:

SB70-AA10,92,17 973.015 (1m) (a) 1. a. Except as provided in subd. 3., the court may order at the time of sentencing that the record be expunged upon successful completion of the sentence if the court determines that the person has not previously had a record expunged under this section and that the person will benefit and society will not be harmed by this disposition.

SB70-AA10,93,14 b. If at least one year has passed since the person successfully completed his or her sentence, the person may file a petition in the county of conviction requesting that the record be expunged. Upon receipt of the petition, the court shall review the petition to determine if the person is ineligible to petition for expungement because subd. 3. or 4. applies, less than one year has passed since the person successfully completed his or her sentence, there are criminal charges pending against the person, the person has previously had a record expunged under this section, or the person has exceeded the maximum number of petitions allowed under this subd. 1. b. If the court determines the person is eligible to petition for expungement, the court shall forward the petition to the district attorney. If the district attorney requests a hearing within 90 days after the court forwards the petition, the court shall schedule a hearing to review the petition. If the district attorney waives the hearing or at least 90 days have passed since the court forwarded the petition, the court may review the petition with or without a hearing. If a hearing is scheduled, then if practicable, the sentencing judge shall be the judge to review the petition. The court may order that the record be expunged if the court determines the person will benefit and society will not be harmed by this disposition. If the court does not order the record be expunged under this subd. 1. b., the person may file a 2nd petition under this subd. 1. b. only if at least 2 years have passed since he or she filed the first petition. No person may file more than 2 petitions per record under this subd. 1. b. For a 2nd petition regarding the same record, the person shall pay to the clerk of circuit court a $100 fee to be retained for the use of the county.

SB70-AA10,151 Section 151. 973.015 (1m) (a) 3. a. of the statutes is amended to read:

SB70-AA10,93,19 973.015 (1m) (a) 3. a. A Class H felony, if the person has, in his or her lifetime, been convicted of a prior felony offense, or if the felony is a violent offense, as defined in s. 301.048 (2) (bm), or is a violation of s. 940.32, 948.03 (2), (3), or (5) (a) 1., 2., 3., or 4., or 948.095.

SB70-AA10,152 Section 152. 973.015 (1m) (a) 3. c., cg., cr. and d. and 4. of the statutes are created to read:

SB70-AA10,93,23 973.015 (1m) (a) 3. c. A crime for which the maximum period of imprisonment is more than 6 years.

SB70-AA10,93,25 cg. A violation of s. 940.32 or 943.14 or, if the court noted in the record that the property damaged was a business, a violation of s. 943.01.

SB70-AA10,94,2 cr. A violation of a temporary restraining order or injunction issued under s. 813.12 (3) or (4).

SB70-AA10,94,3 d. A violation of chs. 341 to 348.

SB70-AA10,94,5 4. The court may order at the time of sentencing that the record is ineligible for expungement.

SB70-AA10,153 Section 153. 973.015 (1m) (b) of the statutes is amended to read:

SB70-AA10,94,22 973.015 (1m) (b) A For purposes of par. (a), a person has successfully completed the sentence if the person has completed all periods of incarceration, parole, or extended supervision to which he or she was sentenced; the person has paid all fines, costs, fees, surcharges, and restitution assessed and has completed any court-ordered community service; the person has not been convicted of a subsequent offense crime; and, if on probation was imposed, the probation has not been revoked and the probationer has satisfied the conditions of probation. Upon successful completion of the a sentence involving incarceration or probation, the detaining or probationary authority shall issue and forward to the court of record a certificate of discharge which shall be forwarded to the court of record and which shall have the effect of expunging the record that indicates whether the person successfully completed his or her sentence. If the court has ordered the record expunged under par. (a) 1. a. or 2. and the person has successfully completed the sentence, the person's record shall be expunged as ordered. If the person has been imprisoned incarcerated, the detaining authority shall also forward a copy of the certificate of discharge to the department.

SB70-AA10,154 Section 154. 973.015 (1m) (c) of the statutes is created to read:

SB70-AA10,95,12 973.015 (1m) (c) Upon receipt of a petition under par. (a) 1. b., the district attorney shall make a reasonable attempt to notify the victim, as defined in s. 950.02 (4), of the petition. In the notice, the district attorney shall inform the victim that he or she may waive the hearing requirement and that, if waived, the court may review the petition without a hearing. The district attorney shall inform the victim of the manner in which he or she may provide written statements concerning the petition and, if the victim does not waive the hearing requirement, that he or she may appear at the hearing. If the victim waives the hearing requirement, the district attorney may inform the court that there is no objection to waiving the hearing requirement. Notwithstanding the confidentiality of victim address information obtained under s. 302.113 (9g) (g) 3., a district attorney who is required to make a reasonable attempt to notify a victim under this paragraph may obtain from the clerk of the circuit court the victim address information that the victim provided to the clerk under s. 302.113 (9g) (g) 3.

SB70-AA10,155 Section 155. 973.015 (4) of the statutes is created to read:

SB70-AA10,95,17 973.015 (4) A record of a crime expunged under this section is not considered a conviction for employment purposes or for purposes of the issuance of a license, as defined in s. 111.32 (10), by a licensing agency, as defined in s. 111.32 (11). This subsection does not apply to the extent that its application conflicts with federal law.

SB70-AA10,156 Section 156. 973.25 (1) (a) of the statutes is amended to read:

SB70-AA10,95,22 973.25 (1) (a) “Certificate of qualification for employment” means a certificate issued by the council on offender employment that provides an offender with relief from a collateral sanction, except that it does not provide relief from s. 48.685 (5m), 50.065 (4m), or 111.335 (3) (a) (ar), (b), (c), or (e) or (4) (h) or (i).

SB70-AA10,9351 Section 9351. Initial applicability; Other.

SB70-AA10,96,3 (1ex) Expungement. The treatment of s. 973.015 (1m) (a) 3. a., c., cg., cr., and d. and 4., (b), and (c), the renumbering and amendment of s. 973.015 (1m) (a) 1., and the creation of s. 973.015 (1m) (a) 1. a. and b. first apply to any conviction for which sentencing has occurred but for which the record has not been ordered expunged on the effective date of this subsection.

SB70-AA10,9451 Section 9451. Effective dates; Other.

SB70-AA10,96,10 (1ex) Expungement. The treatment of ss. 111.335 (3) (a), (ah), and (g) and (4) (b), (c) 1. (intro.), (e), and (f) 1., 950.04 (1v) (g), 973.015 (1b), (1m) (a) 3. a., c., cg., cr., and d. and 4., (b), and (c), and (4), and 973.25 (1) (a), the renumbering and amendment of s. 973.015 (1m) (a) 1., the creation of s. 973.015 (1m) (a) 1. a. and b., and Section 9351 (1ex) of this act take effect on the first day of the 13th month beginning after publication.”.

SB70-AA10,96,11 244. Page 374, line 11: after that line insert:

SB70-AA10,96,12 “ Section 157. 20.455 (2) (cv) of the statutes is amended to read:

SB70-AA10,96,14 20.455 (2) (cv) Shot Spotter Gunfire Detection Program. The amounts in the schedule for the Shot Spotter Gunfire Detection Program in the city of Milwaukee.”.

SB70-AA10,96,15 245. Page 374, line 11: after that line insert:

SB70-AA10,96,16 “ Section 1. 343.50 (1) (c) 1. of the statutes is amended to read:

SB70-AA10,96,23 343.50 (1) (c) 1. The department may issue a receipt to any applicant for an identification card, and shall issue a receipt to an applicant requesting an identification card under sub. (5) (a) 3., which receipt shall constitute a temporary identification card while the application is being processed and shall be valid for a period not to exceed 60 180 days. If the application for an identification card is processed under the exception specified in s. 343.165 (7) or (8), the receipt shall include the marking specified in sub. (3) (b).”.

SB70-AA10,96,24 246. Page 374, line 11: after that line insert:

SB70-AA10,97,1 “ Section 158. 85.61 (1) of the statutes is amended to read:

SB70-AA10,97,12 85.61 (1) The secretary of transportation and the administrator of the elections commission shall enter into an agreement to match personally identifiable information on the official registration list maintained by the commission under s. 6.36 (1) and the information specified in s. ss. 6.256 (2) and 6.34 (2m) with personally identifiable information in the operating record file database under ch. 343 and vehicle registration records under ch. 341 to the extent required to enable the secretary of transportation and the administrator of the elections commission to verify the accuracy of the information provided for the purpose of voter registration. Notwithstanding ss. 110.09 (2), 342.06 (1) (eg), and 343.14 (2j), but subject to s. 343.14 (2p) (b), the agreement shall provide for the transfer of electronic information under s. 6.256 (2) to the commission on a continuous basis, no less often than weekly.

SB70-AA10,159 Section 159. 343.14 (2p) of the statutes is created to read:

SB70-AA10,97,18 343.14 (2p) (a) The forms for application for a license or identification card or for renewal thereof shall inform the applicant of the department's duty to make available to the elections commission the information described in s. 6.256 (2) for the purposes specified in s. 6.256 (1) and (3) and shall provide the applicant an opportunity to elect not to have this information made available for these purposes.

SB70-AA10,97,24 (b) If the applicant elects not to have the information described in s. 6.256 (2) made available for the purposes specified in s. 6.256 (1) and (3), the department may not make this information available for these purposes. This paragraph does not preclude the department from making available to the elections commission information for the purposes specified in s. 6.34 (2m) or for any purpose other than those specified in s. 6.256 (1) and (3).

SB70-AA10,9112 Section 9112. Nonstatutory provisions; Elections Commission.

SB70-AA10,98,5 (1) Initial sharing of registration information. Notwithstanding ss. 85.61 (1), 110.09 (2), 342.06 (1) (eg), and 343.14 (2j), the department of transportation shall enter into and begin transferring information under a revised agreement with the elections commission administrator pursuant to s. 85.61 (1) no later than the first day of the 9th month beginning after the effective date of this subsection.” .

SB70-AA10,98,6 247. Page 374, line 11: after that line insert:

SB70-AA10,98,7 “ Section 48s. 19.35 (3) (c) of the statutes is amended to read:

SB70-AA10,98,11 19.35 (3) (c) Except as otherwise provided by law or as authorized to be prescribed by law, an authority may impose a fee upon a requester for locating a record, not exceeding the actual, necessary and direct cost of location, if the cost is $50 $100 or more.

SB70-AA10,9351 Section 9351. Initial applicability; Other.

SB70-AA10,98,14 (1) Public records location fee. The treatment of s. 19.35 (3) (c) first applies to a public records request received on the effective date of this subsection.”.

SB70-AA10,98,15 248. Page 374, line 11: after that line insert:

SB70-AA10,98,16 “ Section 160. 20.455 (2) (gr) of the statutes is amended to read:

SB70-AA10,98,20 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.

SB70-AA10,161 Section 161. 175.33 of the statutes is created to read:

SB70-AA10,98,22 175.33 Transfer of firearms. (1) In this section:

SB70-AA10,98,24 (a) “Family member" means a spouse, parent, grandparent, sibling, child, or grandchild. The relationship may be by blood, marriage, or adoption.