Amendment SA8-SSA2-SB45

SB45-SSA2-SA8,69,10 947.01 (1) (intro.) Whoever, in a public or private place, engages in violent, abusive, any of the following is guilty of a Class B misdemeanor:

SB45-SSA2-SA8,69,13 (b) Abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor.

SB45-SSA2-SA8,163 Section 163. 947.01 (1) (a) of the statutes is created to read:

SB45-SSA2-SA8,69,16 947.01 (1) (a) Violent behavior that involves the use or attempted use of physical force or the use of or threat to use a dangerous weapon.

SB45-SSA2-SA8,164 Section 164. 968.075 (1) (a) (intro.) of the statutes is amended to read:

SB45-SSA2-SA8,69,21 968.075 (1) (a) (intro.) “Domestic abuse” means any of the following engaged in by an adult person against his or her spouse or former spouse, against an adult with whom the person resides or formerly resided or against an adult with whom the person has a child in common a relative of the adult person:

SB45-SSA2-SA8,165 Section 165. 968.075 (1) (f) of the statutes is created to read:

SB45-SSA2-SA8,69,23 968.075 (1) (f) “Relative” means any of the following:

SB45-SSA2-SA8,70,1 1. A spouse or former spouse.

SB45-SSA2-SA8,70,2 2. A parent or stepparent.

SB45-SSA2-SA8,70,3 3. A legal guardian.

SB45-SSA2-SA8,70,4 4. A person with whom the adult person has a child in common.

SB45-SSA2-SA8,70,6 5. A person with whom the adult person is cohabiting or has cohabited as a spouse, a parent, or a legal guardian.

SB45-SSA2-SA8,70,8 6. A person who is similarly situated to the adult person as a spouse, a parent, or a legal guardian.

SB45-SSA2-SA8,70,10 7. An adult who is residing or has resided with the adult person if subd. 1., 2., 3., 4., 5., or 6. does not apply.”.

SB45-SSA2-SA8,70,11 21. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,70,12 “Section 9227. Fiscal changes; Justice.

SB45-SSA2-SA8,70,21 (1) State crime laboratories; DNA analysts. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (Lm), the dollar amount for fiscal year 2025-26 is increased by $230,700 to increase the authorized FTE positions for the department by 3.0 PR DNA analyst positions and 1.0 forensic scientist supervisor position to assist in the operation of the state crime laboratories. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (Lm), the dollar amount for fiscal year 2026-27 is increased by $294,200 to provide funding for the positions authorized under this subsection.

SB45-SSA2-SA8,71,7 (2) State crime laboratories; controlled substance analyst. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (kd), the dollar amount for fiscal year 2025-26 is increased by $54,300 to increase the authorized FTE positions for the department by 1.0 PR analyst position to assist the state crime laboratories with controlled substance identification. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (kd), the dollar amount for fiscal year 2026-27 is increased by $69,100 to provide funding for the position authorized under this subsection.

SB45-SSA2-SA8,71,16 (3) State crime laboratories; crime scene response. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (kd), the dollar amount for fiscal year 2025-26 is increased by $67,700 to increase the authorized FTE positions for the department by 1.0 PR crime scene response specialist to assist the state crime laboratories with crime scene response. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (kd), the dollar amount for fiscal year 2026-27 is increased by $86,900 to provide funding for the position authorized under this subsection.”.

SB45-SSA2-SA8,71,17 22. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,71,18 “Section 9127. Nonstatutory provisions; Justice.

SB45-SSA2-SA8,71,23 (1) Position authority; law enforcement training fund. On the effective date of this subsection, the authorized FTE positions for the department of justice are increased by 0.01 PR position, to be funded from the appropriation under s. 20.455 (2) (ja), to correct a mismatch in the state operations appropriation for the law enforcement training fund.”.

SB45-SSA2-SA8,72,1 23. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,72,2 “Section 166. 165.85 (5x) of the statutes is amended to read:

SB45-SSA2-SA8,72,10 165.85 (5x) Officer training reimbursement. Notwithstanding sub. (5), in each fiscal year, the department of justice shall determine the amount of additional costs, including but not limited to tuition, lodging, travel, meals, salaries and fringe benefits, to each political subdivision as a result of the enactment of 1993 Wisconsin Act 460. In each fiscal year, the department shall pay each political subdivision the amount determined under this subsection for that political subdivision from the appropriation appropriations under s. 20.455 (2) (am) and (q), subject to the limitations under s. 20.455 (2) (am).”.

SB45-SSA2-SA8,72,11 24. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,72,12 “Section 9127. Nonstatutory provisions; Justice.

SB45-SSA2-SA8,72,19 (1) State fire marshal safety equipment. Notwithstanding s. 16.42 (1) (e), in submitting information under s. 16.42 for purposes of the 2027-29 biennial budget bill, the department of justice shall submit information concerning the appropriation under s. 20.455 (2) (a) as though the total amount appropriated under s. 20.455 (2) (a) for the 2026-27 fiscal year was $185,000 less than the total amount that was actually appropriated under s. 20.455 (2) (a) for the 2026-27 fiscal year.

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

SB45-SSA2-SA8,73,5 (1) State fire marshal safety equipment. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a), the dollar amount for fiscal year 2025-26 is increased by $185,000 for the purchase of arson inspection safety equipment for the office of the state fire marshal. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a), the dollar amount for fiscal year 2026-27 is increased by $185,000 for the purchase of arson inspection safety equipment for the office of the state fire marshal.”.

SB45-SSA2-SA8,73,6 25. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,73,7 “Section 9227. Fiscal changes; Justice.

SB45-SSA2-SA8,73,13 (1) Division of criminal investigations training. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a), the dollar amount for fiscal year 2025-26 is increased by $150,000 to fund training costs for investigators. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (b), the dollar amount for fiscal year 2026-27 is increased by by $150,000 to fund training costs for investigators.”.

SB45-SSA2-SA8,73,14 26. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,73,15 “Section 9227. Fiscal changes; Justice.

SB45-SSA2-SA8,73,23 (1) Training and standards staffing. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (ja), the dollar amount for fiscal year 2025-26 is increased by $67,700 to increase the authorized FTE positions for the department by 1.0 PR position for the training and standards bureau to assist with virtual law enforcement training. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (ja), the dollar amount for fiscal year 2026-27 is increased by $86,900 to provide funding for the position authorized under this subsection.”.

SB45-SSA2-SA8,74,1 27. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,74,2 “Section 167. 978.045 (2) of the statutes is amended to read:

SB45-SSA2-SA8,74,13 978.045 (2) If the department of administration approves the appointment of a special prosecutor under sub. (1r), the court shall fix the amount of compensation for the attorney appointed according to the rates specified in s. 977.08 (4m) (b) for the date on which the approval was made. The department of administration shall pay the compensation ordered by the court from the appropriation under s. 20.475 (1) (d). The court, district attorney, and the special prosecutor shall provide any information regarding a payment of compensation that the department requests. Any payment under this subsection earns interest on the balance due from the 121st day after receipt of a properly completed invoice or receipt and acceptance of the property or service under the order or contract, whichever is later, at the rate specified in s. 71.82 (1) (a) compounded monthly.

SB45-SSA2-SA8,9310 Section 9310. Initial applicability; District Attorneys.

SB45-SSA2-SA8,74,16 (1) Compensation for special prosecutors. The treatment of s. 978.045 (2) first applies to appointments approved on the effective date of this subsection.”.

SB45-SSA2-SA8,74,17 28. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,74,18 “Section 168. 165.25 (11) of the statutes is repealed.”.

SB45-SSA2-SA8,74,19 29. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,74,20 “Section 169. 165.08 (1) of the statutes is amended to read:

SB45-SSA2-SA8,75,10 165.08 (1) Any civil action prosecuted by the department by direction of any officer, department, board, or commission, or any shall be compromised or discontinued when so directed by such officer, department, board, or commission. Any civil action prosecuted by the department on the initiative of the attorney general, or at the request of any individual may be compromised or discontinued with the approval of an intervenor under s. 803.09 (2m) or, if there is no intervenor, by submission of a proposed plan to the joint committee on finance for the approval of the committee. The compromise or discontinuance may occur only if the joint committee on finance approves the proposed plan. No proposed plan may be submitted to the joint committee on finance if the plan concedes the unconstitutionality or other invalidity of a statute, facially or as applied, or concedes that a statute violates or is preempted by federal law, without the approval of the joint committee on legislative organization the governor.

SB45-SSA2-SA8,170 Section 170. 165.12 (2) (a) of the statutes is repealed.

SB45-SSA2-SA8,171 Section 171. 165.25 (6) (a) 1. of the statutes is amended to read:

SB45-SSA2-SA8,76,11 165.25 (6) (a) 1. At the request of the head of any department of state government, the attorney general may appear for and defend any state department, or any state officer, employee, or agent of the department in any civil action or other matter brought before a court or an administrative agency which is brought against the state department, or officer, employee, or agent for or on account of any act growing out of or committed in the lawful course of an officer’s, employee’s, or agent’s duties. Witness fees or other expenses determined by the attorney general to be reasonable and necessary to the defense in the action or proceeding shall be paid as provided for in s. 885.07. The attorney general may compromise and settle the action as the attorney general determines to be in the best interest of the state except that, if the action is for injunctive relief or there is a proposed consent decree, the attorney general may not compromise or settle the action without the approval of an intervenor under s. 803.09 (2m) or, if there is no intervenor, without first submitting a proposed plan to the joint committee on finance. If, within 14 working days after the plan is submitted, the cochairpersons of the committee notify the attorney general that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the attorney general may compromise or settle the action only with the approval of the committee. The attorney general may not submit a proposed plan to the joint committee on finance under this subdivision in which the plan concedes the unconstitutionality or other invalidity of a statute, facially or as applied, or concedes that a statute violates or is preempted by federal law, without the approval of the joint committee on legislative organization.”.

SB45-SSA2-SA8,76,12 30. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,76,13 “Section 172. 20.455 (2) (gb) of the statutes is amended to read:

SB45-SSA2-SA8,76,18 20.455 (2) (gb) Gifts and grants. The amounts in the schedule to carry out the purposes for which gifts and grants are made and received. All moneys received from gifts and grants, other than moneys received for and credited to another appropriation account under this subsection, shall be credited to this appropriation account to carry out the purposes for which made and received.

SB45-SSA2-SA8,173 Section 173. 20.455 (3) (g) of the statutes is amended to read:

SB45-SSA2-SA8,77,3 20.455 (3) (g) Gifts, grants and proceeds. The amounts in the schedule to carry out the purposes for which gifts and grants are made and collected. All moneys received from gifts and grants and all proceeds from services, conferences, and sales of publications and promotional materials to carry out the purposes for which made or collected, except as provided in sub. (2) (gm) and (gp) and to transfer to s. 20.505 (1) (kg), at the discretion of the attorney general, an amount not to exceed $98,300 annually, shall be credited to this appropriation account.

SB45-SSA2-SA8,174 Section 174. 165.10 of the statutes is amended to read:

SB45-SSA2-SA8,77,17 165.10 Deposit Limits on expenditure of discretionary settlement funds. The Notwithstanding s. 20.455 (3) (g), before the attorney general shall deposit all may expend settlement funds into the general fund under s. 20.455 (3) (g) that are not committed under the terms of the settlement, the attorney general shall submit to the joint committee on finance a proposed plan for the expenditure of the funds. If the cochairpersons of the committee do not notify the attorney general within 14 working days after the submittal that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the attorney general may expend the funds to implement the proposed plan. If, within 14 working days after the submittal, the cochairpersons of the committee notify the attorney general that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the attorney general may expend the funds only to implement the plan as approved by the committee.”.

SB45-SSA2-SA8,77,18 31. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,77,19 “Section 175. 757.07 (1) (e) 8. of the statutes is created to read:

SB45-SSA2-SA8,77,22 757.07 (1) (e) 8. A district judge or magistrate judge for a U.S. district court in the state of Wisconsin or a bankruptcy judge for a U.S. bankruptcy court in the state of Wisconsin.”.

SB45-SSA2-SA8,77,23 32. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,78,1 “Section 176. 20.455 (1) (hm) of the statutes is amended to read:

SB45-SSA2-SA8,78,7 20.455 (1) (hm) Restitution. All moneys received by the department to provide restitution to victims when ordered by the court as the result of prosecutions under s. 49.49 and chs. 100, 133, 281 to 285 and 289 to 299 and, under a federal antitrust law for the purpose of providing restitution to victims of the violation when ordered by the court, or under any other court order or settlement agreement for the purpose of providing restitution to victims.”.

SB45-SSA2-SA8,78,8 33. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,78,9 “Section 9127. Nonstatutory provisions; Justice.

SB45-SSA2-SA8,78,19 (1) Alternatives to incarceration grant program position transfers to supreme court. On January 1, 2027, 3.0 FTE GPR positions in the department of justice, funded from the appropriation under s. 20.455 (2) (a), that administer the alternative to incarceration grant program and the incumbent employees holding those positions are transferred to the supreme court. Employees transferred under this subsection have all the rights and the same status under ch. 230 under the supreme court that they enjoyed in the department of justice immediately before the transfer. Notwithstanding s. 230.28 (4), no employee transferred under this subsection who has attained permanent status in class is required to serve a probationary period.”.

SB45-SSA2-SA8,78,20 34. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,78,22 “Section 177. 66.0501 (1) of the statutes is renumbered 66.0501 (1) (a) and amended to read:

SB45-SSA2-SA8,79,3 66.0501 (1) (a) No Except as provided in par. (b), no person may be appointed deputy sheriff of any county or police officer for any city, village, or town unless that person is a citizen of the United States. This section does not apply to common carriers or to a deputy sheriff not required to take an oath of office.

SB45-SSA2-SA8,178 Section 178. 66.0501 (1) (b) of the statutes is created to read:

SB45-SSA2-SA8,79,9 66.0501 (1) (b) The sheriff of a county or the appointing authority of a local law enforcement agency that provides police service to a city, village, or town may elect to authorize the appointment of noncitizens who are in receipt of valid employment authorization from the federal department of homeland security as deputy sheriffs for that county or as police officers for that city, village, or town.

SB45-SSA2-SA8,179 Section 179. 165.85 (4) (a) 1m. of the statutes is created to read:

SB45-SSA2-SA8,79,14 165.85 (4) (a) 1m. The board may not create criteria for participation in the preparatory training program under subd. 1. that would prevent a person from participation if the person is in receipt of a valid employment authorization from the federal department of homeland security.”.

SB45-SSA2-SA8,79,15 (end)