Amendment SA2-SSA2-SB70

SB70-SSA2-SA2,326,18 973.015 (1m) (a) 3. c. A crime for which the maximum period of imprisonment is more than 6 years.

SB70-SSA2-SA2,326,20 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-SSA2-SA2,326,22 cr. A violation of a temporary restraining order or injunction issued under s. 813.12 (3) or (4).

SB70-SSA2-SA2,326,23 d. A violation of chs. 341 to 348.

SB70-SSA2-SA2,326,25 4. The court may order at the time of sentencing that the record is ineligible for expungement.

SB70-SSA2-SA2,713 Section 713. 973.015 (1m) (b) of the statutes is amended to read:

SB70-SSA2-SA2,327,17 973.015 (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person has not been convicted of a subsequent offense crime; and, if on probation was imposed, the probation has not been revoked and the probationer has satisfied the conditions of probation.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-SSA2-SA2,714 Section 714. 973.015 (1m) (c) of the statutes is created to read:

SB70-SSA2-SA2,328,7 973.015 (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-SSA2-SA2,715 Section 715. 973.015 (4) of the statutes is created to read:

SB70-SSA2-SA2,328,12 973.015 (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-SSA2-SA2,716 Section 716. 973.25 (1) (a) of the statutes is amended to read:

SB70-SSA2-SA2,328,17 973.25 (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-SSA2-SA2,9351 Section 9351. Initial applicability; Other.

SB70-SSA2-SA2,328,23 (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-SSA2-SA2,9451 Section 9451. Effective dates; Other.

SB70-SSA2-SA2,329,6 (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-SSA2-SA2,329,7 283. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,329,9 “ Section 717. 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-SSA2-SA2,718 Section 718. 20.455 (5) (bf) of the statutes is created to read:

SB70-SSA2-SA2,329,13 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-SSA2-SA2,719 Section 719. 165.935 of the statutes is created to read:

SB70-SSA2-SA2,329,17 165.935 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-SSA2-SA2,329,18 284. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,329,19 “ Section 720. 978.03 (1m) of the statutes is amended to read:

SB70-SSA2-SA2,330,10 978.03 (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-SSA2-SA2,330,11 285. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,330,12 “ Section 1. 977.08 (4m) (d) of the statutes is amended to read:

SB70-SSA2-SA2,330,19 977.08 (4m) (d) Unless otherwise provided by a rule promulgated under s. 977.02 (7r) or by a contract authorized under sub. (3) (f), for cases assigned on or after January 1, 2020, and before July 1, 2023, private local attorneys shall be paid $70 per hour for time spent related to a case, excluding travel, and $25 per hour for time spent in travel related to a case if any portion of the trip is outside the county in which the attorney's principal office is located or if the trip requires traveling a distance of more than 30 miles, one way, from the attorney's principal office.

SB70-SSA2-SA2,2 Section 2. 977.08 (4m) (e) of the statutes is created to read:

SB70-SSA2-SA2,331,3 977.08 (4m) (e) Unless otherwise provided by a rule promulgated under s. 977.02 (7r) or by a contract authorized under sub. (3) (f), for cases assigned on or after July 1, 2023, private local attorneys shall be paid $100 per hour for time spent related to a case, excluding travel, and $50 per hour for time spent in travel related to a case if any portion of the trip is outside the county in which the attorney's principal office is located or if the trip requires traveling a distance of more than 30 miles, one way, from the attorney's principal office.”.

SB70-SSA2-SA2,331,4 286. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,331,5 “ Section 9133. Nonstatutory provisions; Public Defender Board.

SB70-SSA2-SA2,331,10 (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-SSA2-SA2,331,11 287. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,331,12 “ Section 9101. Nonstatutory provisions; Administration.

SB70-SSA2-SA2,331,14 (1) Pay progression caps; deputy and assistant district attorneys and assistant state public defenders.

SB70-SSA2-SA2,331,18 (a) Deputy and assistant district attorneys. Notwithstanding s. 230.12 (10) (c), during the 2023-24 and 2024-25 fiscal years, a salary adjustment under s. 230.12 (10) (c) for a deputy or assistant district attorney may exceed 10 percent of the deputy or assistant district attorney's base pay.

SB70-SSA2-SA2,331,22 (b) Assistant state public defenders. Notwithstanding s. 230.12 (11) (c), during the 2023-24 and 2024-25 fiscal years, a salary adjustment under s. 230.12 (11) (c) for an assistant state public defender may exceed 10 percent of the assistant public defender's base pay.”.

SB70-SSA2-SA2,331,23 288. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,331,24 “ Section 9101. Nonstatutory provisions; Administration.

SB70-SSA2-SA2,332,1 (1) Pay progression caps; assistant attorneys general

SB70-SSA2-SA2,332,5 (a) Assistant attorneys general. Notwithstanding s. 230.12 (12) (c), during the 2023-24 and 2024-25 fiscal years, a salary adjustment under s. 230.12 (12) (c) for an assistant attorney general may exceed 10 percent of the assistant attorney general's base pay.”.

SB70-SSA2-SA2,332,6 289. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,332,7 “ Section 9127. Nonstatutory provisions; Justice.

SB70-SSA2-SA2,332,9 (1v) Position realignment. Adjust funding of $360,300 FED and -$360,300 PR annually to reflect the duties and funding sources of existing positions.

SB70-SSA2-SA2,332,12 (2v) Program revenue reestimates. Provide $2,803,400 annually to reflect current revenue projections and estimated program needs for the following program revenue appropriations:

SB70-SSA2-SA2,332,16 (a) -$300,000 annually for the terminal charges annual appropriation. Expenditures are estimated to reflect revenue available for the TIME (transaction information for the management of enforcement) system. Base funding for the appropriation is $2,695,200.

SB70-SSA2-SA2,332,20 (b) -$7,500 annually for the grants for substance abuse treatment programs for criminal offenders continuing appropriation. Expenditures are estimated to address an estimated $1,491,400 deficit in the appropriation at the end of 2022-23. Base funding for the appropriation is $7,500.

SB70-SSA2-SA2,332,23 (c) $15,000 annually for the legal services delinquent obligation collection annual appropriation. Expenditures are estimated to reflect estimated expenditures in the 2023-25 biennium. Base funding for the appropriation is $10,000.

SB70-SSA2-SA2,333,3 (d) $45,900 annually for the crime laboratory equipment and supplies annual appropriation. Expenditures are estimated to reflect an increased transfer from the DNA surcharge. Base funding for the appropriation is $854,100.

SB70-SSA2-SA2,333,8 (e) $75,000 annually for the law enforcement training fund, local assistance annual appropriation. Estimated expenditures are associated with payments for new recruit, recertification and specialized training to local law enforcement agencies, technical colleges, and jail or secure detention agencies. Base funding for the appropriation is $4,425,000.

SB70-SSA2-SA2,333,12 (f) $80,000 annually for the legal services environment litigation project continuing appropriation. Expenditures are estimated to reflect an updated memorandum of understanding with the department of natural resources. Base funding for the appropriation is $617,600.

SB70-SSA2-SA2,333,15 (g) $100,000 annually for the law enforcement services gifts, and grants annual appropriation. Expenditures are estimated to reflect anticipated revenue. Base funding for the appropriation is $0.

SB70-SSA2-SA2,333,19 (h) $320,000 annually for the handgun purchaser record check; checks for licenses or certifications to carry concealed weapons continuing appropriation. Expenditures are estimated to reflect anticipated revenue. Base funding for the appropriation is $2,948,800.

SB70-SSA2-SA2,333,23 (i) $350,000 annually for the law enforcement training fund, state operations annual appropriation. Expenditures are estimated to maintain expenditure authority for law enforcement trainings, due to reductions taken in the position realignment item. Base funding for the appropriation is $3,482,400.

SB70-SSA2-SA2,334,2 (j) $525,000 annually for the administrative services gifts, grants, and proceeds annual appropriation. Expenditures are estimated to support trainings, conferences and other administrative services and supplies that collect proceeds and non-federal grant revenues. Base funding for the appropriation is $0.

SB70-SSA2-SA2,334,6 (k) $600,000 annually for the legal services interagency and intra-agency assistance continuing appropriation. Expenditures are estimated to reflect an updated memoranda of understanding with other state agencies. Base funding for the appropriation is $2,041,300.

SB70-SSA2-SA2,334,9 (l) $1,000,000 annually for the legal services restitution continuing appropriation. Expenditures are estimated to reflect anticipated revenues. Base funding for the appropriation is $0.”.

SB70-SSA2-SA2,334,10 290. Page 374, line 12: before that line insert:

SB70-SSA2-SA2,334,11 “ Section 721. 5.056 of the statutes is amended to read:

SB70-SSA2-SA2,334,20 5.056 Matching program with secretary of transportation. The commission administrator shall enter into the agreement with the secretary of transportation specified under s. 85.61 (1) 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 maintained by the department of transportation. Subject to s. 343.14 (2p) (b), the agreement shall provide for the electronic transfer of information under s. 6.256 (2) to the commission on a continuous basis, no less often than weekly.

SB70-SSA2-SA2,722 Section 722. 6.256 of the statutes is created to read:

SB70-SSA2-SA2,335,2 6.256 Facilitating registration of electors. (1) The commission shall use all feasible means to facilitate the registration of all eligible electors of this state and the maintenance of the registration of all eligible electors for so long as they remain eligible.

SB70-SSA2-SA2,335,6 (2) Subject to s. 343.14 (2p) (b), for the purpose of carrying out its functions under sub. (1), the commission shall obtain the following information from the department of transportation, to the extent that the department has the information:

SB70-SSA2-SA2,335,10 (a) The full name of each individual who holds a current operator's license issued to the individual under ch. 343 or a current identification card issued to the individual under s. 343.50, together with the following information pertaining to that individual:

SB70-SSA2-SA2,335,12 1. The current address of the individual together with any address history and any name history maintained by the department of transportation.

SB70-SSA2-SA2,335,13 2. The date of birth of the individual.

SB70-SSA2-SA2,335,14 3. The number of the license or identification card issued to the individual.

SB70-SSA2-SA2,335,17 4. A copy of each document that the applicant provided as proof of citizenship and a statement from the department of transportation indicating that the department verified the applicant's citizenship.

SB70-SSA2-SA2,335,20 (b) For each item of information specified in par. (a), the most recent date that the item of information was provided to or obtained by the department of transportation.

SB70-SSA2-SA2,336,2 (3) The commission shall compare the information obtained under sub. (2) with the information in the registration list under s. 6.36 (1) (a). If the commission finds any discrepancy between the information obtained under sub. (2) regarding an elector and the information in the registration list under s. 6.36 (1) (a) regarding that elector, the commission shall attempt to contact the elector to resolve the discrepancy and update the registration list accordingly. If the commission is unable to resolve the discrepancy, the information in the registration list shall control.

SB70-SSA2-SA2,336,15 (4) If the commission concludes that an individual appears eligible to vote in this state but is not registered and the commission has obtained from reliable sources all the information required under s. 6.33 (1) to complete the individual's registration, the commission shall enter the individual's name on the registration list maintained under s. 6.36 (1) (a). If the commission has not obtained from reliable sources all the information pertaining to an individual that is required under s. 6.33 (1), the commission shall attempt to obtain from reliable sources the necessary information under s. 6.33 (1) that is required to complete the individual's registration. If an elector's status has been changed from eligible to ineligible under s. 6.50 and the elector's eligibility, name, or residence has not changed, the commission may not change the individual's name to eligible status unless the commission first verifies that the individual is eligible and wishes to change his or her status to eligible.

SB70-SSA2-SA2,336,18 (5) The commission shall attempt to contact an individual described in sub. (4) if necessary to obtain all the information specified in s. 6.33 (1) pertaining to the individual that is required to complete the individual's registration.

SB70-SSA2-SA2,336,23 (6) The commission shall mail a notice to each individual whose name the commission enters under sub. (4) on the registration list maintained under s. 6.36 (1) (a). The notice shall be printed in English, Spanish, and other languages spoken by a significant number of state residents, as determined by the commission, and shall include all of the following:

SB70-SSA2-SA2,337,3 (a) A statement informing the individual that his or her name has been entered on the registration list and showing the current address for the individual based on the commission's records.

SB70-SSA2-SA2,337,5 (b) A statement informing the individual that he or she may request to have his or her name deleted from the registration list and instructions for doing so.

SB70-SSA2-SA2,337,6 (c) Instructions for notifying the commission of a change in name or address.

SB70-SSA2-SA2,337,8 (d) Instructions for obtaining a confidential listing under s. 6.47 (2) and a description of how an individual qualifies for a confidential listing.

SB70-SSA2-SA2,337,20 (7) Any individual may file a request with the commission to exclude his or her name from the registration list maintained under s. 6.36 (1) (a). Any individual whose name is added to the registration list by the commission may file a request with the commission or a municipal clerk to have his or her name deleted from the list. A request for exclusion or deletion shall be filed in the manner prescribed by the commission. An individual who files an exclusion or deletion request under this subsection may revoke his or her request by the same means that an individual may request an exclusion or deletion. The commission shall ensure that the name of any individual who has filed an exclusion or deletion request under this subsection is excluded from the registration list or, if the individual's name appears on the list, is removed from the registration list and is not added to the list at any subsequent time unless the individual files a revocation of his or her request under this subsection.

SB70-SSA2-SA2,338,4 (8) If the commission removes from the registration list maintained under s. 6.36 (1) (a) the name of an elector who does not request that his or her name be deleted, or changes the elector's status from eligible to ineligible, other than to correct an entry that the commission determines to be a duplication or to change the name of an individual who is verified to be deceased to ineligible status, the commission shall mail the individual a notice of the removal or change in status by 1st class postcard at the individual's last-known address. The notice shall provide that the individual may apply to have his or her status changed to eligible if he or she is a qualified elector.

SB70-SSA2-SA2,338,6 (9) The commission shall attempt to facilitate the initial registration of all eligible electors as soon as practicable.

SB70-SSA2-SA2,338,10 (10) The commission shall maintain the confidentiality of all information obtained from the department of transportation under sub. (2) and may use this information only for the purpose of carrying out its functions under sub. (1) and s. 6.34 (2m) and in accordance with the agreement under s. 85.61 (1).

SB70-SSA2-SA2,723 Section 723. 16.971 (2) (o) of the statutes is created to read:

SB70-SSA2-SA2,338,14 16.971 (2) (o) Assist the elections commission with information technology systems development for purposes of facilitating the registration of eligible electors under s. 6.256.”.

SB70-SSA2-SA2,338,15 291. Page 422, line 19: after “Bridge." insert “(a)".

SB70-SSA2-SA2,338,16 292. Page 422, line 24: after that line insert:

SB70-SSA2-SA2,338,20 “(b) Notwithstanding eligibility requirements for receiving aid or limitations on the amount and use of aid provided under s. 84.18, in the 2023-24 fiscal year, from the appropriation under s. 20.395 (2) (eq), the department of transportation shall set aside $1,200,000 for repairs to the Ray Nitschke Memorial Bridge in Brown County.”.

SB70-SSA2-SA2,338,21 293. Page 423, line 10: delete lines 10 to 19.