Amendment SA8-SSA2-SB45

SB45-SSA2-SA8,29,15 814.78 (4p) The crime victim services surcharge under s. 973.0452.

SB45-SSA2-SA8,89 Section 89. 814.79 (3p) of the statutes is created to read:

SB45-SSA2-SA8,29,17 814.79 (3p) The crime victim services surcharge under s. 973.0452.

SB45-SSA2-SA8,90 Section 90. 814.80 (4p) of the statutes is created to read:

SB45-SSA2-SA8,29,19 814.80 (4p) The crime victim services surcharge under s. 973.0452.

SB45-SSA2-SA8,91 Section 91. 814.81 (4) of the statutes is created to read:

SB45-SSA2-SA8,29,21 814.81 (4) The crime victim services surcharge under s. 973.0452.

SB45-SSA2-SA8,92 Section 92. 973.0452 of the statutes is created to read:

SB45-SSA2-SA8,30,4 973.0452 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-SA8,30,6 (a) Forty percent of the fine or forfeiture imposed or $40, whichever is greater, for each offense.

SB45-SSA2-SA8,30,7 (b) For each misdemeanor or felony count for which a conviction occurred, $50.

SB45-SSA2-SA8,30,9 (2) (a) In this subsection, “civil offense” means an offense punishable by a forfeiture.

SB45-SSA2-SA8,30,13 (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-SA8,30,15 1. The person is charged with one or more misdemeanors or felonies in a complaint.

SB45-SSA2-SA8,30,17 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-SA8,30,20 (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-SA8,31,2 (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-SA8,31,6 (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-SA8,31,10 (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-SA8,31,14 (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-SA8,31,15 12. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,31,16 “Section 93. 16.19 of the statutes is created to read:

SB45-SSA2-SA8,31,23 16.19 Civil legal services. From the appropriation under s. 20.505 (1) (ep), the department shall award grants to the Wisconsin Trust Account Foundation, Inc., to provide civil legal services. The Wisconsin Trust Account Foundation, Inc., shall distribute the amount received as grants to programs that provide civil legal services, and those programs may use the grant funds to match other federal and private grants. The grants may be used only for the purposes for which the funding was provided.

SB45-SSA2-SA8,94 Section 94. 20.505 (1) (ep) of the statutes is created to read:

SB45-SSA2-SA8,32,4 20.505 (1) (ep) Civil legal services. As a continuing appropriation, the amounts in the schedule to provide grants under s. 16.19 to the Wisconsin Trust Account Foundation, Inc., for the provision of civil legal services.”.

SB45-SSA2-SA8,32,5 13. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,32,6 “Section 95. 15.105 (35) of the statutes is created to read:

SB45-SSA2-SA8,32,8 15.105 (35) Office of violence prevention. There is created in the department of administration an office of violence prevention.

SB45-SSA2-SA8,96 Section 96. 16.02 of the statutes is created to read:

SB45-SSA2-SA8,32,11 16.02 Office of violence prevention. (1) Purpose. The office of violence prevention shall coordinate and expand violence prevention activities in this state.

SB45-SSA2-SA8,32,12 (2) Duties. The office of violence prevention shall do all of the following:

SB45-SSA2-SA8,32,13 (a) Establish a violence prevention focus across state government.

SB45-SSA2-SA8,32,17 (b) Collaborate with other state agencies that are interested or active in the reduction of interpersonal violence, including child abuse, elder abuse, violence against youth, domestic violence, gun violence, intimate partner violence, suicide, sexual assault, and gender-based violence.

SB45-SSA2-SA8,32,20 (c) Support the development and implementation of comprehensive, community-based violence prevention initiatives within local units of government across the state, including collaborating with law enforcement agencies.

SB45-SSA2-SA8,32,22 (d) Develop sources of funding beyond state revenues to maintain the office and expand its activities.

SB45-SSA2-SA8,33,2 (e) Create a directory of existing violence prevention services and activities in each county.

SB45-SSA2-SA8,33,7 (f) Support and provide technical assistance to local organizations that provide violence prevention services, including in seeking out and applying for grant funding in support of their initiatives and provide technical assistance and support to the organizations to maximize the organizations’ likelihood of success with their applications.

SB45-SSA2-SA8,33,8 (g) Develop public education campaigns to promote safer communities.

SB45-SSA2-SA8,33,13 (3) Grants. (a) From the appropriation under s. 20.505 (1) (bs), the office of violence prevention shall award grants to support effective violence reduction initiatives in communities across the state, including supporting efforts to reduce gun violence, group violence, suicides, domestic violence, intimate partner violence, and gender-based violence.

SB45-SSA2-SA8,33,18 (b) The grants under this subsection shall be used to support, expand, and replicate evidence-based violence reduction initiatives, including hospital-based violence intervention programs, evidence-based street outreach programs, and focused deterrence strategies, that seek to interrupt the cycles of violence, victimization, and retaliation in order to reduce the incidence of firearm violence.

SB45-SSA2-SA8,33,22 (c) Of the grants the department awards under this section, the department shall award up to $3,000,000 in grants each fiscal year to federally recognized American Indian tribes or bands in this state and organizations affiliated with tribes relating to missing and murdered indigenous women.

SB45-SSA2-SA8,34,3 (d) Of the grants the department awards under this section, the department shall award up to $500,000 in suicide prevention grants each fiscal year to organizations or coalitions of organizations, which may include a city, village, town, county, or federally recognized American Indian tribe or band in this state, for any of the following purposes:

SB45-SSA2-SA8,34,5 1. To train staff at a firearm retailer or firearm range on how to recognize a person who may be considering suicide.

SB45-SSA2-SA8,34,7 2. To provide suicide prevention materials for distribution at a firearm retailer or firearm range.

SB45-SSA2-SA8,34,8 3. To provide voluntary, temporary firearm storage.

SB45-SSA2-SA8,97 Section 97. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated:

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SB45-SSA2-SA8,98 Section 98. 20.505 (1) (bp) of the statutes is created to read:

SB45-SSA2-SA8,34,21 20.505 (1) (bp) Office of violence prevention; general program operations. The amounts in the schedule for the general program operations of the office of violence prevention.

SB45-SSA2-SA8,99 Section 99. 20.505 (1) (bs) of the statutes is created to read:

SB45-SSA2-SA8,35,2 20.505 (1) (bs) Office of violence prevention; violence reduction initiative grants. The amounts in the schedule for violence reduction initiative grants awarded under s. 16.02 (3).

SB45-SSA2-SA8,9101 Section 9101. Nonstatutory provisions; Administration.

SB45-SSA2-SA8,35,6 (1) Position authorization; office of violence prevention. The authorized FTE positions for the department of administration are increased by 7. GPR positions to staff the office of violence prevention.

SB45-SSA2-SA8,35,8 (2) Task force on missing and murdered African American women and girls.

SB45-SSA2-SA8,35,11 (a) Definition. In this subsection, “nongovernmental organization” means a nonprofit, nongovernmental organization that provides legal, social, or other community services.

SB45-SSA2-SA8,35,16 (b) Membership. There is created a task force on missing and murdered African American women and girls. The task force shall consist of the following members, who are knowledgeable in crime victims rights or violence protection, and who shall be appointed by and serve at the pleasure of the governor unless otherwise specified:

SB45-SSA2-SA8,35,18 1. Two members of the senate, one appointed by the majority leader and one appointed by the minority leader.

SB45-SSA2-SA8,35,20 2. Two members of the assembly, one appointed by the speaker of the assembly and one appointed by the minority leader.

SB45-SSA2-SA8,35,21 3. Two representatives from among the following:

SB45-SSA2-SA8,35,22 a. The Wisconsin Chiefs of Police Association.

SB45-SSA2-SA8,35,23 b. The Badger State Sheriffs’ Association.

SB45-SSA2-SA8,36,1 c. The division of criminal investigation within the department of justice.

SB45-SSA2-SA8,36,2 4. One or more representatives from among the following:

SB45-SSA2-SA8,36,3 a. The Wisconsin District Attorneys Association.

SB45-SSA2-SA8,36,4 b. A U.S. Attorney’s office in this state.

SB45-SSA2-SA8,36,5 c. A judge or attorney working in juvenile court.

SB45-SSA2-SA8,36,7 5. A county coroner or representative from a statewide coroner’s association or a representative of the department of health services.

SB45-SSA2-SA8,36,8 6. Three or more representatives from among the following:

SB45-SSA2-SA8,36,10 a. A statewide or local organization that provides legal services to African American women and girls.

SB45-SSA2-SA8,36,12 b. A statewide or local organization that provides advocacy or counseling for African American women and girls who have been victims of violence.

SB45-SSA2-SA8,36,14 c. A statewide or local organization that provides nonlegal services to African American women and girls.

SB45-SSA2-SA8,36,15 d. The Wisconsin Coalition Against Sexual Assault.

SB45-SSA2-SA8,36,16 e. End Domestic Abuse Wisconsin.

SB45-SSA2-SA8,36,17 f. An African American woman who is a survivor of gender violence.

SB45-SSA2-SA8,36,18 (c) Operation.

SB45-SSA2-SA8,36,23 1. The task force shall elect a chair and vice-chair from among the members of the task force and may elect other officers as necessary. The task force shall convene within 30 days after it is established and shall meet at least quarterly thereafter, or upon the call of its chair, and may hold meetings throughout the state. The task force shall meet sufficiently to accomplish the duties identified in par. (d).

SB45-SSA2-SA8,37,4 2. The department of administration shall provide administrative support services to the task force. The task force may call upon any state agency or officer to assist the task force, and those agencies or officers shall cooperate with the task force to the fullest extent possible.

SB45-SSA2-SA8,37,7 3. The department of administration shall reimburse members of the task force for their actual and necessary expenses incurred in carrying out their functions.

SB45-SSA2-SA8,37,8 (d) Duties.

SB45-SSA2-SA8,37,9 1. The task force shall examine all of the following topics:

SB45-SSA2-SA8,37,14 a. The systemic causes behind violence that African American women and girls experience, including patterns and underlying factors that explain why disproportionately high levels of violence occur against African American women and girls, including underlying historical, generational, social, economic, institutional, and cultural factors that may contribute to the violence.

SB45-SSA2-SA8,37,17 b. Appropriate methods for tracking and collecting data on violence against African American women and girls, including data on missing and murdered African American women and girls.

SB45-SSA2-SA8,37,21 c. Policies and institutions such as policing, child welfare, coroner practices, and other governmental practices that impact violence against African American women and girls and the investigation and prosecution of crimes of gender violence against African American people.

SB45-SSA2-SA8,37,23 d. Measures necessary to address and reduce violence against African American women and girls.

SB45-SSA2-SA8,38,3 e. Measures to help victims, victims’ families, and victims’ communities prevent and heal from violence that occurs against African American women and girls.

SB45-SSA2-SA8,38,5 2. The task force shall, by December 31, 2025, and December 31, 2026, submit to the governor a report that includes all of the following:

SB45-SSA2-SA8,38,7 a. Proposed institutional policies and practices that are effective in reducing gender violence and increasing the safety of African American women and girls.

SB45-SSA2-SA8,38,9 b. Recommendations to eliminate violence against African American women and girls.