This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
SB70-SSA2-SA2,703 15Section 703. 111.335 (4) (b) of the statutes is amended to read:
SB70-SSA2-SA2,323,2016 111.335 (4) (b) It is employment discrimination because of conviction record for
17a licensing agency to refuse to license any individual under sub. (3) (a) (ar) 1. or to
18bar or terminate an individual from licensing under sub. (3) (a) (ar) 1. because the
19individual was adjudicated delinquent under ch. 938 for an offense other than an
20exempt offense.
SB70-SSA2-SA2,704 21Section 704. 111.335 (4) (c) 1. (intro.) of the statutes is amended to read:
SB70-SSA2-SA2,323,2422 111.335 (4) (c) 1. (intro.) If a licensing agency refuses to license an individual
23under sub. (3) (a) (ar) 1. or bars or terminates an individual from licensing under sub.
24(3) (a) (ar) 1., the licensing agency shall, subject to subd. 2., do all of the following:
SB70-SSA2-SA2,705 25Section 705. 111.335 (4) (e) of the statutes is amended to read:
SB70-SSA2-SA2,324,5
1111.335 (4) (e) A state licensing agency that may refuse to license individuals
2under sub. (3) (a) (ar) 1. or that may bar or terminate an individual from licensure
3under sub. (3) (a) (ar) 1. shall publish on the agency's Internet site a document
4indicating the offenses or kinds of offenses that may result in such a refusal, bar, or
5termination.
SB70-SSA2-SA2,706 6Section 706. 111.335 (4) (f) 1. of the statutes is amended to read:
SB70-SSA2-SA2,324,127 111.335 (4) (f) 1. A state licensing agency that may refuse to license individuals
8under sub. (3) (a) (ar) 1. or that may bar or terminate individuals from licensing
9under sub. (3) (a) (ar) 1. shall allow an individual who does not possess a license to,
10without submitting a full application and without paying the fees applicable to
11applicants, apply to the agency for a determination of whether the individual would
12be disqualified from obtaining the license due to his or her conviction record.
SB70-SSA2-SA2,707 13Section 707. 950.04 (1v) (g) of the statutes is amended to read:
SB70-SSA2-SA2,324,1614 950.04 (1v) (g) To have reasonable attempts made to notify the victim of
15hearings or court proceedings, as provided under ss. 302.113 (9g) (g) 2., 302.114 (6),
16938.27 (4m) and (6), 938.273 (2), 971.095 (3) and , 972.14 (3) (b), and 973.015 (1m) (c).
SB70-SSA2-SA2,708 17Section 708. 973.015 (1b) of the statutes is created to read:
SB70-SSA2-SA2,324,1818 973.015 (1b) In this section, “record” means a criminal case file.
SB70-SSA2-SA2,709 19Section 709. 973.015 (1m) (a) 1. of the statutes is renumbered 973.015 (1m)
20(a) 1. (intro.) and amended to read:
SB70-SSA2-SA2,325,321 973.015 (1m) (a) 1. (intro.) Subject to subd. 2. and except as provided in subd.
223., when a person is under the age of 25 at the time of the commission of an offense
23for which the person has been found guilty in a court for violation of a law for which
24the maximum period of imprisonment is 6 years or less, the
, a court may order at the
25time of sentencing after a conviction that the record a criminal case be expunged

1upon successful completion of the sentence if the court determines the person will
2benefit and society will not be harmed by this disposition.
by one of the following
3methods:
SB70-SSA2-SA2,325,6 4(d) This subsection does not apply to information maintained by the
5department of transportation regarding a conviction that is required to be included
6in a record
kept under s. 343.23 (2) (a).
SB70-SSA2-SA2,710 7Section 710. 973.015 (1m) (a) 1. a. and b. of the statutes are created to read:
SB70-SSA2-SA2,325,128 973.015 (1m) (a) 1. a. Except as provided in subd. 3., the court may order at the
9time of sentencing that the record be expunged upon successful completion of the
10sentence if the court determines that the person has not previously had a record
11expunged under this section and that the person will benefit and society will not be
12harmed by this disposition.
SB70-SSA2-SA2,326,913 b. If at least one year has passed since the person successfully completed his
14or her sentence, the person may file a petition in the county of conviction requesting
15that the record be expunged. Upon receipt of the petition, the court shall review the
16petition to determine if the person is ineligible to petition for expungement because
17subd. 3. or 4. applies, less than one year has passed since the person successfully
18completed his or her sentence, there are criminal charges pending against the
19person, the person has previously had a record expunged under this section, or the
20person has exceeded the maximum number of petitions allowed under this subd. 1.
21b. If the court determines the person is eligible to petition for expungement, the court
22shall forward the petition to the district attorney. If the district attorney requests
23a hearing within 90 days after the court forwards the petition, the court shall
24schedule a hearing to review the petition. If the district attorney waives the hearing
25or at least 90 days have passed since the court forwarded the petition, the court may

1review the petition with or without a hearing. If a hearing is scheduled, then if
2practicable, the sentencing judge shall be the judge to review the petition. The court
3may order that the record be expunged if the court determines the person will benefit
4and society will not be harmed by this disposition. If the court does not order the
5record be expunged under this subd. 1. b., the person may file a 2nd petition under
6this subd. 1. b. only if at least 2 years have passed since he or she filed the first
7petition. No person may file more than 2 petitions per record under this subd. 1. b.
8For a 2nd petition regarding the same record, the person shall pay to the clerk of
9circuit court a $100 fee to be retained for the use of the county.
SB70-SSA2-SA2,711 10Section 711. 973.015 (1m) (a) 3. a. of the statutes is amended to read:
SB70-SSA2-SA2,326,1411 973.015 (1m) (a) 3. a. A Class H felony, if the person has, in his or her lifetime,
12been convicted of a prior felony offense, or if the felony is a violent offense, as defined
13in s. 301.048 (2) (bm), or is a violation of s. 940.32, 948.03 (2), (3), or (5) (a) 1., 2., 3.,
14or 4., or 948.095.
SB70-SSA2-SA2,712 15Section 712. 973.015 (1m) (a) 3. c., cg., cr. and d. and 4. of the statutes are
16created to read:
SB70-SSA2-SA2,326,1817 973.015 (1m) (a) 3. c. A crime for which the maximum period of imprisonment
18is more than 6 years.
SB70-SSA2-SA2,326,2019 cg. A violation of s. 940.32 or 943.14 or, if the court noted in the record that the
20property damaged was a business, a violation of s. 943.01.
SB70-SSA2-SA2,326,2221 cr. A violation of a temporary restraining order or injunction issued under s.
22813.12 (3) or (4).
SB70-SSA2-SA2,326,2323 d. A violation of chs. 341 to 348.
SB70-SSA2-SA2,326,2524 4. The court may order at the time of sentencing that the record is ineligible
25for expungement.
SB70-SSA2-SA2,713
1Section 713. 973.015 (1m) (b) of the statutes is amended to read:
SB70-SSA2-SA2,327,172 973.015 (1m) (b) A For purposes of par. (a), a person has successfully
3completed the sentence if the person has completed all periods of incarceration,
4parole, or extended supervision to which he or she was sentenced; the person has paid
5all fines, costs, fees, surcharges, and restitution assessed and has completed any
6court-ordered community service; the person
has not been convicted of a subsequent
7offense crime; and, if on probation was imposed, the probation has not been revoked
8and the probationer has satisfied the conditions of probation. Upon successful
9completion of the a sentence involving incarceration or probation, the detaining or
10probationary authority shall issue and forward to the court of record a certificate of
11discharge which shall be forwarded to the court of record and which shall have the
12effect of expunging the record
that indicates whether the person successfully
13completed his or her sentence. If the court has ordered the record expunged under
14par. (a) 1. a. or 2. and the person has successfully completed the sentence, the person's
15record shall be expunged as ordered
. If the person has been imprisoned incarcerated,
16the detaining authority shall also forward a copy of the certificate of discharge to the
17department.
SB70-SSA2-SA2,714 18Section 714. 973.015 (1m) (c) of the statutes is created to read:
SB70-SSA2-SA2,328,719 973.015 (1m) (c) Upon receipt of a petition under par. (a) 1. b., the district
20attorney shall make a reasonable attempt to notify the victim, as defined in s. 950.02
21(4), of the petition. In the notice, the district attorney shall inform the victim that
22he or she may waive the hearing requirement and that, if waived, the court may
23review the petition without a hearing. The district attorney shall inform the victim
24of the manner in which he or she may provide written statements concerning the
25petition and, if the victim does not waive the hearing requirement, that he or she may

1appear at the hearing. If the victim waives the hearing requirement, the district
2attorney may inform the court that there is no objection to waiving the hearing
3requirement. Notwithstanding the confidentiality of victim address information
4obtained under s. 302.113 (9g) (g) 3., a district attorney who is required to make a
5reasonable attempt to notify a victim under this paragraph may obtain from the clerk
6of the circuit court the victim address information that the victim provided to the
7clerk under s. 302.113 (9g) (g) 3.
SB70-SSA2-SA2,715 8Section 715. 973.015 (4) of the statutes is created to read:
SB70-SSA2-SA2,328,129 973.015 (4) A record of a crime expunged under this section is not considered
10a conviction for employment purposes or for purposes of the issuance of a license, as
11defined in s. 111.32 (10), by a licensing agency, as defined in s. 111.32 (11). This
12subsection does not apply to the extent that its application conflicts with federal law.
SB70-SSA2-SA2,716 13Section 716. 973.25 (1) (a) of the statutes is amended to read:
SB70-SSA2-SA2,328,1714 973.25 (1) (a) “Certificate of qualification for employment” means a certificate
15issued by the council on offender employment that provides an offender with relief
16from a collateral sanction, except that it does not provide relief from s. 48.685 (5m),
1750.065 (4m), or 111.335 (3) (a) (ar), (b), (c), or (e) or (4) (h) or (i).
SB70-SSA2-SA2,9351 18Section 9351. Initial applicability; Other.
SB70-SSA2-SA2,328,2319 (1ex) Expungement. The treatment of s. 973.015 (1m) (a) 3. a., c., cg., cr., and
20d. and 4., (b), and (c), the renumbering and amendment of s. 973.015 (1m) (a) 1., and
21the creation of s. 973.015 (1m) (a) 1. a. and b. first apply to any conviction for which
22sentencing has occurred but for which the record has not been ordered expunged on
23the effective date of this subsection.
SB70-SSA2-SA2,9451 24Section 9451. Effective dates; Other.
SB70-SSA2-SA2,329,6
1(1ex) Expungement. The treatment of ss. 111.335 (3) (a), (ah), and (g) and (4)
2(b), (c) 1. (intro.), (e), and (f) 1., 950.04 (1v) (g), 973.015 (1b), (1m) (a) 3. a., c., cg., cr.,
3and d. and 4., (b), and (c), and (4), and 973.25 (1) (a), the renumbering and
4amendment of s. 973.015 (1m) (a) 1., the creation of s. 973.015 (1m) (a) 1. a. and b.,
5and Section 9351 (1ex) of this act take effect on the first day of the 13th month
6beginning after publication.”.
SB70-SSA2-SA2,329,7 7283. Page 374, line 11: after that line insert:
SB70-SSA2-SA2,329,9 8 Section 717. 20.005 (3) (schedule) of the statutes: at the appropriate place,
9insert the following amounts for the purposes indicated: - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF
SB70-SSA2-SA2,718 10Section 718. 20.455 (5) (bf) of the statutes is created to read:
SB70-SSA2-SA2,329,1311 20.455 (5) (bf) Grants to provide services to crime victims. As a continuing
12appropriation, the amounts in the schedule to provide grants under s. 165.935 for
13crime victim service programs.
SB70-SSA2-SA2,719 14Section 719. 165.935 of the statutes is created to read:
SB70-SSA2-SA2,329,17 15165.935 Grants for crime victim services. The department of justice shall
16award grants from the appropriation under s. 20.455 (5) (bf) to organizations that
17provide services for crime victims.”.
SB70-SSA2-SA2,329,18 18284. Page 374, line 11: after that line insert:
SB70-SSA2-SA2,329,19 19 Section 720. 978.03 (1m) of the statutes is amended to read:
SB70-SSA2-SA2,330,10
1978.03 (1m) The district attorney of any prosecutorial unit having a population
2of 200,000 or more but less than 750,000 may appoint 3 4 deputy district attorneys
3and such assistant district attorneys as may be requested by the department of
4administration and authorized in accordance with s. 16.505. The district attorney
5shall rank the deputy district attorneys for purposes of carrying out duties under this
6section. The deputies, according to rank, may perform any duty of the district
7attorney, under the district attorney's direction. In the absence or disability of the
8district attorney, the deputies, according to rank, may perform any act required by
9law to be performed by the district attorney. Any such deputy must have practiced
10law in this state for at least 2 years prior to appointment under this section.”.
SB70-SSA2-SA2,330,11 11285. Page 374, line 11: after that line insert:
SB70-SSA2-SA2,330,12 12 Section 1. 977.08 (4m) (d) of the statutes is amended to read:
SB70-SSA2-SA2,330,1913 977.08 (4m) (d) Unless otherwise provided by a rule promulgated under s.
14977.02 (7r) or by a contract authorized under sub. (3) (f), for cases assigned on or after
15January 1, 2020, and before July 1, 2023, private local attorneys shall be paid $70
16per hour for time spent related to a case, excluding travel, and $25 per hour for time
17spent in travel related to a case if any portion of the trip is outside the county in which
18the attorney's principal office is located or if the trip requires traveling a distance of
19more than 30 miles, one way, from the attorney's principal office.
SB70-SSA2-SA2,2 20Section 2. 977.08 (4m) (e) of the statutes is created to read:
SB70-SSA2-SA2,331,321 977.08 (4m) (e) Unless otherwise provided by a rule promulgated under s.
22977.02 (7r) or by a contract authorized under sub. (3) (f), for cases assigned on or after
23July 1, 2023, private local attorneys shall be paid $100 per hour for time spent related
24to a case, excluding travel, and $50 per hour for time spent in travel related to a case

1if any portion of the trip is outside the county in which the attorney's principal office
2is located or if the trip requires traveling a distance of more than 30 miles, one way,
3from the attorney's principal office.”.
SB70-SSA2-SA2,331,4 4286. Page 374, line 11: after that line insert:
SB70-SSA2-SA2,331,5 5 Section 9133. Nonstatutory provisions; Public Defender Board.
SB70-SSA2-SA2,331,10 6(1) Programmatic Funding Realignment. Transfer funding annually within
7the State Public Defender Board GPR program operation appropriation between
8private bar and investigator reimbursement (-$622,800 GPR) and transcripts,
9discovery, and interpreter costs ($622,800 GPR) in order to align budgeted funding
10with programmatic expenditures.”.
SB70-SSA2-SA2,331,11 11287. Page 374, line 11: after that line insert:
SB70-SSA2-SA2,331,12 12 Section 9101. Nonstatutory provisions; Administration.
SB70-SSA2-SA2,331,1413 (1) Pay progression caps; deputy and assistant district attorneys and
14assistant state public defenders.
SB70-SSA2-SA2,331,1815 (a) Deputy and assistant district attorneys. Notwithstanding s. 230.12 (10) (c),
16during the 2023-24 and 2024-25 fiscal years, a salary adjustment under s. 230.12
17(10) (c) for a deputy or assistant district attorney may exceed 10 percent of the deputy
18or assistant district attorney's base pay.
SB70-SSA2-SA2,331,2219 (b) Assistant state public defenders. Notwithstanding s. 230.12 (11) (c), during
20the 2023-24 and 2024-25 fiscal years, a salary adjustment under s. 230.12 (11) (c)
21for an assistant state public defender may exceed 10 percent of the assistant public
22defender's base pay.”.
SB70-SSA2-SA2,331,23 23288. Page 374, line 11: after that line insert:
SB70-SSA2-SA2,331,24 24 Section 9101. Nonstatutory provisions; Administration.
SB70-SSA2-SA2,332,1
1(1) Pay progression caps; assistant attorneys general
SB70-SSA2-SA2,332,52 (a) Assistant attorneys general. Notwithstanding s. 230.12 (12) (c), during the
32023-24 and 2024-25 fiscal years, a salary adjustment under s. 230.12 (12) (c) for
4an assistant attorney general may exceed 10 percent of the assistant attorney
5general's base pay.”.
SB70-SSA2-SA2,332,6 6289. Page 374, line 11: after that line insert:
SB70-SSA2-SA2,332,7 7 Section 9127. Nonstatutory provisions; Justice.
SB70-SSA2-SA2,332,9 8(1v) Position realignment. Adjust funding of $360,300 FED and -$360,300 PR
9annually to reflect the duties and funding sources of existing positions.
SB70-SSA2-SA2,332,12 10(2v) Program revenue reestimates. Provide $2,803,400 annually to reflect
11current revenue projections and estimated program needs for the following program
12revenue appropriations:
SB70-SSA2-SA2,332,16 13(a) -$300,000 annually for the terminal charges annual appropriation.
14Expenditures are estimated to reflect revenue available for the TIME (transaction
15information for the management of enforcement) system. Base funding for the
16appropriation is $2,695,200.
SB70-SSA2-SA2,332,20 17(b) -$7,500 annually for the grants for substance abuse treatment programs
18for criminal offenders continuing appropriation. Expenditures are estimated to
19address an estimated $1,491,400 deficit in the appropriation at the end of 2022-23.
20Base funding for the appropriation is $7,500.
SB70-SSA2-SA2,332,23 21(c) $15,000 annually for the legal services delinquent obligation collection
22annual appropriation. Expenditures are estimated to reflect estimated expenditures
23in the 2023-25 biennium. Base funding for the appropriation is $10,000.
SB70-SSA2-SA2,333,3
1(d) $45,900 annually for the crime laboratory equipment and supplies annual
2appropriation. Expenditures are estimated to reflect an increased transfer from the
3DNA surcharge. Base funding for the appropriation is $854,100.
SB70-SSA2-SA2,333,8 4(e) $75,000 annually for the law enforcement training fund, local assistance
5annual appropriation. Estimated expenditures are associated with payments for
6new recruit, recertification and specialized training to local law enforcement
7agencies, technical colleges, and jail or secure detention agencies. Base funding for
8the appropriation is $4,425,000.
SB70-SSA2-SA2,333,12 9(f) $80,000 annually for the legal services environment litigation project
10continuing appropriation. Expenditures are estimated to reflect an updated
11memorandum of understanding with the department of natural resources. Base
12funding for the appropriation is $617,600.
SB70-SSA2-SA2,333,15 13(g) $100,000 annually for the law enforcement services gifts, and grants annual
14appropriation. Expenditures are estimated to reflect anticipated revenue. Base
15funding for the appropriation is $0.
SB70-SSA2-SA2,333,19 16(h) $320,000 annually for the handgun purchaser record check; checks for
17licenses or certifications to carry concealed weapons continuing appropriation.
18Expenditures are estimated to reflect anticipated revenue. Base funding for the
19appropriation is $2,948,800.
SB70-SSA2-SA2,333,23 20(i) $350,000 annually for the law enforcement training fund, state operations
21annual appropriation. Expenditures are estimated to maintain expenditure
22authority for law enforcement trainings, due to reductions taken in the position
23realignment item. Base funding for the appropriation is $3,482,400.
SB70-SSA2-SA2,334,2 24(j) $525,000 annually for the administrative services gifts, grants, and proceeds
25annual appropriation. Expenditures are estimated to support trainings, conferences

1and other administrative services and supplies that collect proceeds and non-federal
2grant revenues. Base funding for the appropriation is $0.
SB70-SSA2-SA2,334,6 3(k) $600,000 annually for the legal services interagency and intra-agency
4assistance continuing appropriation. Expenditures are estimated to reflect an
5updated memoranda of understanding with other state agencies. Base funding for
6the appropriation is $2,041,300.
SB70-SSA2-SA2,334,9 7(l) $1,000,000 annually for the legal services restitution continuing
8appropriation. Expenditures are estimated to reflect anticipated revenues. Base
9funding for the appropriation is $0.”.
SB70-SSA2-SA2,334,10 10290. Page 374, line 12: before that line insert:
SB70-SSA2-SA2,334,11 11 Section 721. 5.056 of the statutes is amended to read:
SB70-SSA2-SA2,334,20 125.056 Matching program with secretary of transportation. The
13commission administrator shall enter into the agreement with the secretary of
14transportation specified under s. 85.61 (1) to match personally identifiable
15information on the official registration list maintained by the commission under s.
166.36 (1) and the information specified in s. ss. 6.256 (2) and 6.34 (2m) with personally
17identifiable information maintained by the department of transportation. Subject
18to s. 343.14 (2p) (b), the agreement shall provide for the electronic transfer of
19information under s. 6.256 (2) to the commission on a continuous basis, no less often
20than weekly.
SB70-SSA2-SA2,722 21Section 722. 6.256 of the statutes is created to read:
SB70-SSA2-SA2,335,2 226.256 Facilitating registration of electors. (1) The commission shall use
23all feasible means to facilitate the registration of all eligible electors of this state and

1the maintenance of the registration of all eligible electors for so long as they remain
2eligible.
SB70-SSA2-SA2,335,6 3(2) Subject to s. 343.14 (2p) (b), for the purpose of carrying out its functions
4under sub. (1), the commission shall obtain the following information from the
5department of transportation, to the extent that the department has the
6information:
SB70-SSA2-SA2,335,107 (a) The full name of each individual who holds a current operator's license
8issued to the individual under ch. 343 or a current identification card issued to the
9individual under s. 343.50, together with the following information pertaining to
10that individual:
SB70-SSA2-SA2,335,1211 1. The current address of the individual together with any address history and
12any name history maintained by the department of transportation.
SB70-SSA2-SA2,335,1313 2. The date of birth of the individual.
Loading...
Loading...