Amendment SA8-SSA2-SB45

SB45-SSA2-SA8,38,19 3. In accomplishing the tasks in subds. 1. and 2., the task force shall seek out and enlist the cooperation and assistance of nongovernmental organizations, community and advocacy organizations working with the African American community, and academic researchers and experts, specifically those specializing in violence against African American women and girls, representing diverse communities disproportionately affected by violence against women and girls, or focusing on issues related to gender violence and violence against African American women and girls.”.

SB45-SSA2-SA8,38,20 14. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,38,21 “Section 100. 16.311 of the statutes is created to read:

SB45-SSA2-SA8,39,10 16.311 Supplement for crime victim services grants. (1) From the appropriation under s. 20.505 (1) (e), the secretary may supplement s. 20.455 (5) (km) if the secretary determines that the moneys received from the federal government for crime victim assistance under 34 USC 20103, together with the moneys received in each fiscal year from the crime victim services surcharge under s. 973.0452, are insufficient to provide grants to crime victim services organizations under s. 165.935. If the secretary determines under this subsection that moneys received are insufficient, the secretary shall determine the amount of the supplement, but the secretary may not determine an amount that is larger than the difference between $44,500,000 and the sum of the moneys received in each fiscal year under 34 USC 20103 plus the moneys received in each fiscal year under s. 973.0452.

SB45-SSA2-SA8,39,12 (2) In determining under sub. (1) whether the moneys received are insufficient, the secretary may consider any factor, including:

SB45-SSA2-SA8,39,13 (a) The needs of rural and urban communities.

SB45-SSA2-SA8,39,15 (b) The amount of funding that a crime victim services organization receives as a percentage of its operating budget from the state or federal government.

SB45-SSA2-SA8,39,17 (c) The degree to which the services of a crime victim services organization are coordinated with other resources in the community and state.

SB45-SSA2-SA8,39,20 (d) The degree to which the services of a crime victim services organization are provided either directly or through a contract, subcontract, service agreement, or collaborative agreement with other organizations, entities, or individuals.

SB45-SSA2-SA8,101 Section 101. 20.455 (5) (gL) of the statutes is created to read:

SB45-SSA2-SA8,39,24 20.455 (5) (gL) Grants for crime victim services. All moneys received from the crime victim services surcharge imposed under s. 973.0452 for the purpose of awarding grants under s. 165.935.

SB45-SSA2-SA8,102 Section 102. 20.455 (5) (km) of the statutes is created to read:

SB45-SSA2-SA8,40,4 20.455 (5) (km) Grants for crime victim services supplement — state funds. All moneys transferred from the appropriation account under s. 20.505 (1) (e) for the purposes of awarding grants under s. 165.935.

SB45-SSA2-SA8,103 Section 103. 20.505 (1) (e) of the statutes is created to read:

SB45-SSA2-SA8,40,9 20.505 (1) (e) Supplement to crime victim services grant program. A sum sufficient not to exceed in each fiscal year the amount determined under s. 16.311 (1) to supplement the crime victim services grant program under s. 165.935 as provided in s. 16.311.

SB45-SSA2-SA8,104 Section 104. 165.935 of the statutes is created to read:

SB45-SSA2-SA8,40,14 165.935 Crime victim services grants. (1) The department of justice shall award grants to eligible organizations from the appropriations under s. 20.455 (5) (gL) and (km) to provide services for crime victims. The department of justice shall award grants under this section in a manner consistent with 34 USC 20103.

SB45-SSA2-SA8,40,17 (2) An organization is eligible for a grant under this section if the department of justice determines that the organization meets the criteria under 34 USC 20103 (b).

SB45-SSA2-SA8,40,19 (3) The grant awards under this section may supplement federal funds under 34 USC 20103 but may not replace the funds.

SB45-SSA2-SA8,105 Section 105. 814.75 (5g) of the statutes is created to read:

SB45-SSA2-SA8,40,21 814.75 (5g) The crime victim services surcharge under s. 973.0452.

SB45-SSA2-SA8,106 Section 106. 814.76 (4p) of the statutes is created to read:

SB45-SSA2-SA8,40,23 814.76 (4p) The crime victim services surcharge under s. 973.0452.

SB45-SSA2-SA8,107 Section 107. 814.77 (3p) of the statutes is created to read:

SB45-SSA2-SA8,41,1 814.77 (3p) The crime victim services surcharge under s. 973.0452.

SB45-SSA2-SA8,108 Section 108. 814.78 (4p) of the statutes is created to read:

SB45-SSA2-SA8,41,3 814.78 (4p) The crime victim services surcharge under s. 973.0452.

SB45-SSA2-SA8,109 Section 109. 814.79 (3p) of the statutes is created to read:

SB45-SSA2-SA8,41,5 814.79 (3p) The crime victim services surcharge under s. 973.0452.

SB45-SSA2-SA8,110 Section 110. 814.80 (4p) of the statutes is created to read:

SB45-SSA2-SA8,41,7 814.80 (4p) The crime victim services surcharge under s. 973.0452.

SB45-SSA2-SA8,111 Section 111. 814.81 (4) of the statutes is created to read:

SB45-SSA2-SA8,41,9 814.81 (4) The crime victim services surcharge under s. 973.0452.

SB45-SSA2-SA8,112 Section 112. 973.0452 of the statutes is created to read:

SB45-SSA2-SA8,41,16 973.0452 Crime victim services surcharge. (1) If a court imposes a sentence, places a person on probation, or imposes a forfeiture for a violation of a law or an ordinance, the court shall impose a crime victim services surcharge. A surcharge imposed under this subsection may not be waived, reduced, or forgiven for any reason. The amount of the surcharge is the combined amount of the following:

SB45-SSA2-SA8,41,18 (a) Forty percent of the fine or forfeiture imposed or $40, whichever is greater, for each offense.

SB45-SSA2-SA8,41,19 (b) For each misdemeanor or felony count for which a conviction occurred, $50.

SB45-SSA2-SA8,41,21 (2) (a) In this subsection, “civil offense” means an offense punishable by a forfeiture.

SB45-SSA2-SA8,42,2 (b) If the court finds a person committed a civil offense on or after the effective date of this paragraph .... [LRB inserts date], in addition to any forfeiture the court imposes, the court shall impose a crime victim services surcharge that is equal to the amounts under sub. (1) (a) and (b) if all of the following apply:

SB45-SSA2-SA8,42,4 1. The person is charged with one or more misdemeanors or felonies in a complaint.

SB45-SSA2-SA8,42,6 2. As a result of the complaint being amended, the person is charged with a civil offense in lieu of one of those misdemeanors or felonies.

SB45-SSA2-SA8,42,9 (3) Notwithstanding sub. (1), the court may not impose the surcharge under sub. (1) for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations.

SB45-SSA2-SA8,42,14 (4) (a) If a court of record imposes the surcharge under sub. (1), the clerk of the court shall determine the amount that is due and collect and transmit the amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall make payment to the secretary of administration as provided in s. 59.25 (3) (f) 2.

SB45-SSA2-SA8,42,18 (b) If a municipal court imposes the surcharge under sub. (1), the court shall determine the amount due and collect and transmit the amount to the treasurer of the county, city, town, or village, and the treasurer shall make payment to the secretary of administration as provided in s. 66.0114 (1) (bm).

SB45-SSA2-SA8,42,22 (5) If an inmate in a state prison or a person sentenced to a state prison has not paid the surcharge under sub. (1), the department shall assess and collect the amount owed from the inmate’s wages or other moneys. Any amount collected under this subsection shall be transmitted to the secretary of administration.

SB45-SSA2-SA8,9351 Section 9351. Initial applicability; Other.

SB45-SSA2-SA8,43,2 (1) Crime victim services surcharge. The treatment of s. 973.0452 (1) first applies to sentences, periods of probation, or civil forfeitures imposed on the effective date of this subsection.”.

SB45-SSA2-SA8,43,3 15. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,43,5 “Section 113. 20.455 (2) (gr) of the statutes, as affected by 2023 Wisconsin Act 240, is repealed and recreated to read:

SB45-SSA2-SA8,43,9 20.455 (2) (gr) Handgun purchaser record check; checks for licenses or certifications to carry concealed weapons. All moneys received as fee payments under ss. 175.35 (2i), 175.49 (5m), and 175.60 (7) (c) and (d), (13), and (15) (b) 4. a. and b. to provide services under ss. 165.28, 175.35, 175.49, and 175.60.

SB45-SSA2-SA8,9227 Section 9227. Fiscal changes; Justice.

SB45-SSA2-SA8,43,18 (1) School safety operations. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (gr), the dollar amount for fiscal year 2025-26 is increased by $688,300 to increase the authorized FTE administrative staff positions for the department of justice by 12.0 PR positions for the office of school safety. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (gr), the dollar amount for fiscal year 2026-27 is increased by $882,600 to provide funding for the positions authorized under this subsection.

SB45-SSA2-SA8,9427 Section 9427. Effective dates; Justice.

SB45-SSA2-SA8,43,22 (1) Repeal of sunset for positions in office of school safety. The repeal and recreation of s. 20.455 (2) (gr) takes effect on October 1, 2025, or on the day after publication, whichever is later.”.

SB45-SSA2-SA8,43,23 16. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,44,1 “Section 9227. Fiscal changes; Justice.

SB45-SSA2-SA8,44,11 (1) Cybersecurity and compliance enhancements. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (3) (a), the dollar amount for fiscal year 2025-26 is increased by $6,000,000 to pay for supplies and services costs to meet federal requirements for criminal justice data and information systems security published by the U.S. department of justice in July 2024. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (3) (a), the dollar amount for fiscal year 2026- 27 is increased by $1,500,000 to pay for supplies and services costs to meet federal requirements for criminal justice data and information systems security published by the U.S. department of justice in July 2024.”.

SB45-SSA2-SA8,44,12 17. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,44,13 “Section 114. 175.35 (2) (d) of the statutes is amended to read:

SB45-SSA2-SA8,44,22 175.35 (2) (d) The If the firearm is a handgun, 48 hours have elapsed from the time that the firearms dealer has received an approval a confirmation number regarding the firearms restrictions record search under sub. (2g) (c) from the department of justice or, if the firearm is not a handgun, the firearms dealer has received a confirmation number regarding the firearms restrictions record search under sub. (2g) (c) from the department of justice and, for any firearm, the firearms dealer has not been notified that the person is prohibited under state or federal law from possessing a firearm or that the department needs an extension under sub. (2g) (c) 4. c.

SB45-SSA2-SA8,115 Section 115. 175.35 (2g) (c) 4. c. of the statutes is amended to read:

SB45-SSA2-SA8,45,7 175.35 (2g) (c) 4. c. If the search indicates that it is unclear whether the person is prohibited under state or federal law from possessing a firearm and the department needs more time than provided under sub. (2) (d) to make the determination, the department shall make every reasonable effort to determine whether the person is prohibited under state or federal law from possessing a firearm and notify the firearms dealer of the results as soon as practicable but no later than 5 working days after the search was requested.

SB45-SSA2-SA8,9327 Section 9327. Initial applicability; Justice.

SB45-SSA2-SA8,45,11 (1) Waiting period for handgun purchases. The treatment of s. 175.35 (2g) (c) 4. c. (by Section 115) and the amendment of s. 175.35 (2) (d) first apply to a sale that occurs on the effective date of this subsection.”.

SB45-SSA2-SA8,45,12 18. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,45,13 “Section 116. 165.63 (3) of the statutes is amended to read:

SB45-SSA2-SA8,45,17 165.63 (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).

SB45-SSA2-SA8,117 Section 117. 165.63 (4) (d) of the statutes is amended to read:

SB45-SSA2-SA8,45,21 165.63 (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.

SB45-SSA2-SA8,118 Section 118. 175.35 (1) (at) of the statutes is amended to read:

SB45-SSA2-SA8,46,17 175.35 (1) (at) “Firearms restrictions record search” means a search of department of justice records to determine whether a person seeking to purchase a handgun is prohibited from possessing a firearm under s. 941.29 or is included in the database under s. 165.64 (3). “Firearms restrictions record search” includes a criminal history record search, a search to determine whether a person is prohibited from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats., a search in the national instant criminal background check system to determine whether a person has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search to determine whether the person is subject to an injunction under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under s. 941.29 and that has been filed with the circuit court under s. 813.128 (3g), a search to determine whether the person is subject to a temporary restraining order or injunction under s. 813.124, and a search to determine whether the person is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125 (4m).

SB45-SSA2-SA8,119 Section 119. 175.60 (9g) (a) 2. of the statutes is amended to read:

SB45-SSA2-SA8,47,14 175.60 (9g) (a) 2. The department shall conduct a criminal history record search and shall search its records and conduct a search in the national instant criminal background check system to determine whether the applicant is prohibited from possessing a firearm under federal law; whether the applicant is prohibited from possessing a firearm under s. 941.29; whether the applicant is prohibited from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats.; whether the applicant has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a); whether the applicant is subject to an injunction under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under s. 941.29 and that has been filed with the circuit court under s. 813.128 (3g); whether the applicant is subject to a temporary restraining order or injunction under s. 813.124; and whether the applicant is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125 (4m); and to determine if the court has prohibited the applicant from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c) and if the applicant is prohibited from possessing a dangerous weapon as a condition of release under s. 969.01.

SB45-SSA2-SA8,120 Section 120. 175.60 (11) (a) 2. f. of the statutes is amended to read:

SB45-SSA2-SA8,47,18 175.60 (11) (a) 2. f. The individual becomes subject to an a temporary restraining order or injunction described in s. 941.29 (1m) (f) or is ordered not to possess a firearm under s. 813.123 (5m) or 813.125 (4m).

SB45-SSA2-SA8,121 Section 121. 801.50 (5sb) of the statutes is created to read:

SB45-SSA2-SA8,47,21 801.50 (5sb) Venue of an action under s. 813.124 shall be in the county in which the cause of action arose or where the petitioner or the respondent resides.

SB45-SSA2-SA8,122 Section 122. 801.58 (2m) of the statutes is amended to read:

SB45-SSA2-SA8,48,7 801.58 (2m) If, under sub. (2), the judge determines that the request for substitution was made timely and in proper form, any ex parte order granted by the original judge remains in effect according to the terms, except that a temporary restraining order issued under s. 813.12 (3), 813.122 (4), 813.123 (4), 813.124 (2t), or 813.125 (3) by the original judge is extended until the newly assigned judge holds a hearing on the issuance of an injunction. The newly assigned judge shall hear any subsequent motion to modify or vacate any ex parte order granted by the original judge.

SB45-SSA2-SA8,123 Section 123. 813.06 of the statutes is amended to read:

SB45-SSA2-SA8,48,18 813.06 Security for damages. In proceedings under s. 767.225 the court or judge may, and in all other proceedings except proceedings under ss. 813.12, 813.122, 813.124, 813.125 and 823.113 the court or judge shall, require a bond of the party seeking an injunction, with sureties, to the effect that he or she will pay to the party enjoined such damages, not exceeding an amount to be specified, as he or she may sustain by reason of the injunction if the court finally decides that the party was not entitled thereto. Copies of such bond, affidavit or other pleading shall be served upon the party enjoined and the officer serving the same shall, within 8 days after such service, file his or her return in the office of the clerk of the court.

SB45-SSA2-SA8,124 Section 124. 813.124 of the statutes is created to read:

SB45-SSA2-SA8,48,21 813.124 Extreme risk protection temporary restraining orders and injunctions. (1) Definitions. In this section:

SB45-SSA2-SA8,48,22 (a) “Family or household member” means any of the following:

SB45-SSA2-SA8,48,23 1. A person related by blood, adoption, or marriage to the respondent.

SB45-SSA2-SA8,49,2 2. A person with whom the respondent has or had a dating relationship, as defined in s. 813.12 (1) (ag), or with whom the respondent has a child in common.

SB45-SSA2-SA8,49,4 3. A person who resides with, or within the 6 months before filing a petition, had resided with, the respondent.

SB45-SSA2-SA8,49,5 4. A domestic partner under ch. 770 of the respondent.

SB45-SSA2-SA8,49,8 5. A person who is acting or has acted as the respondent’s legal guardian or who is or was a foster parent or other physical custodian described in s. 48.62 (2) of the respondent.