AB50: Bill Text

AB50,2220 Section 2220. 165.12 (2) (a) of the statutes is repealed.

AB50,2221 Section 2221. 165.25 (1) of the statutes is amended to read:

AB50,1155,2 165.25 (1) Represent state in appeals and on remand. Except as provided in ss. 5.05 (2m) (a), 19.49 (2) (a), and 978.05 (5), appear for the state and prosecute or defend all actions and proceedings, civil or criminal, in the court of appeals and the supreme court, in which the state is interested or a party, and attend to and prosecute or defend all civil cases sent or remanded to any circuit court in which the state is a party. The joint committee on legislative organization may intervene as permitted under s. 803.09 (2m) at any time. Nothing in this subsection deprives or relieves the attorney general or the department of justice of any authority or duty under this chapter.

AB50,2222 Section 2222. 165.25 (1m) of the statutes is amended to read:

AB50,1155,13 165.25 (1m) Represent state in other matters. If requested by the governor or either house of the legislature, appear for and represent the state, any state department, agency, official, employee or agent, whether required to appear as a party or witness in any civil or criminal matter, and prosecute or defend in any court or before any officer, any cause or matter, civil or criminal, in which the state or the people of this state may be interested. The joint committee on legislative organization may intervene as permitted under s. 803.09 (2m) at any time. The public service commission may request under s. 196.497 (7) that the attorney general intervene in federal proceedings. All expenses of the proceedings shall be paid from the appropriation under s. 20.455 (1) (d).

AB50,2223 Section 2223. 165.25 (4) (ar) of the statutes is amended to read:

AB50,1155,21 165.25 (4) (ar) The department of justice shall furnish all legal services required by the department of agriculture, trade and consumer protection relating to the enforcement of ss. 91.68, 93.73, 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.195, 100.20, 100.205, 100.207, 100.209, 100.2091, 100.2092, 100.21, 100.28, 100.37, 100.42, 100.50, 100.51, 100.55, and 846.45 and chs. 126, 136, 344, 704, 707, and 779, together with any other services as are necessarily connected to the legal services.

AB50,2224 Section 2224. 165.25 (6) (a) 1. of the statutes is amended to read:

AB50,1156,21 165.25 (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.

AB50,2225 Section 2225. 165.25 (10m) (intro.) of the statutes is amended to read:

AB50,1157,5 165.25 (10m) Report on grants. (intro.) Beginning on January 15, 2015, and annually thereafter, the department of justice shall submit a report to the legislature under s. 13.172 (2), regarding its administration of grant programs under ss. s. 165.95, 2023 stats., s. 165.955, 2023 stats., and ss. 165.96, 165.986, and 165.987. The report shall include, for each grant program, all of the following information:

AB50,2226 Section 2226. 165.25 (11) of the statutes is repealed.

AB50,2227 Section 2227. 165.25 (11m) of the statutes is created to read:

AB50,1157,10 165.25 (11m) False claims. Diligently investigate possible violations of s. 20.9315 and, if the department determines that a person has committed an act that is punishable under s. 20.9315, may bring a civil action against that person.

AB50,2228 Section 2228. 165.63 (3) of the statutes is amended to read:

AB50,1157,15 165.63 (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).

AB50,2229 Section 2229. 165.63 (4) (d) of the statutes is amended to read:

AB50,1157,19 165.63 (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.

AB50,2230 Section 2230. 165.64 of the statutes is created to read:

AB50,1157,22 165.64 Self-assigned firearm exclusion. (1) In this section, “department” means the department of justice.

AB50,1158,2 (2) The department shall develop forms for individuals to submit to the department to request, or to renew a request, that they be prohibited from purchasing a firearm. The forms shall request an emergency contact person and shall allow the individual to choose the term of the prohibition as follows:

AB50,1158,3 (a) A one-year, irrevocable term.

AB50,1158,4 (b) A 5-year term, the first year being irrevocable.

AB50,1158,5 (c) A 20-year term, the first year being irrevocable.

AB50,1158,9 (3) If an individual submits a form requesting that they be prohibited from purchasing a firearm, the department shall enter the individual’s identifying information into a database the department maintains and shall notify that individual’s emergency contact person that the individual has submitted a form.

AB50,1158,12 (4) (a) Subject to par. (b), the department shall remove the individual’s identifying information from the database under sub. (3) if any of the following occurs:

AB50,1158,16 1. After the term under sub. (2) expires, the individual submits a form designed by the department requesting that their identifying information be removed. A term that has expired and has not been renewed continues until revoked under this subdivision and the identifying information is removed.

AB50,1158,19 2. Before the term under sub. (2) expires but after the request becomes revocable under sub. (2) (b) or (c), the individual submits a form designed by the department requesting that their identifying information be removed.

AB50,1158,23 (b) The department shall notify the individual’s emergency contact person that the department has received a request submitted under par. (a) and may not remove the individual’s identifying information from the database until at least 48 hours have elapsed since the department received the request.

AB50,1159,5 (5) The department may disclose an individual’s identifying information included in the database under sub. (3) only as part of a firearms restrictions record search under s. 175.35 (2g) (c), as part of a search under s. 175.355 (2), or to the individual who is the subject of the information or the individual’s emergency contact person.

AB50,2231 Section 2231. 165.68 (1) (a) 3. of the statutes is amended to read:

AB50,1159,7 165.68 (1) (a) 3. Sexual abuse, as defined in s. 103.10 (1m) (b) 6 (1) (gd).

AB50,2232 Section 2232. 165.83 (1) (c) 1. of the statutes is amended to read:

AB50,1159,10 165.83 (1) (c) 1. An act that is committed by a person who has attained the age of 17 an adult and that is a felony or a misdemeanor.

AB50,2233 Section 2233. 165.83 (1) (c) 2. of the statutes is amended to read:

AB50,1159,14 165.83 (1) (c) 2. An act that is committed by a person minor who has attained the age of 10 but who has not attained the age of 17 and that would be a felony or misdemeanor if committed by an adult.

AB50,2234 Section 2234. 165.83 (2) (d) of the statutes is amended to read:

AB50,1159,17 165.83 (2) (d) Obtain Except as provided in par. (dd), obtain and file information relating to identifiable stolen or lost property.

AB50,2235 Section 2235. 165.83 (2) (dd) of the statutes is created to read:

AB50,1160,2 165.83 (2) (dd) 1. If a law enforcement agency forwards a file under s. 175.36 (2) (a) 2. to the department, enter the information into the national crime information center systems and put the file in a database that is created for stolen or lost firearms and make the database available to law enforcement agencies for the purpose of locating and identifying stolen or lost firearms and identifying violators of s. 175.36 (1).

AB50,1160,6 2. If a law enforcement agency notifies the department under s. 175.36 (2) (b) that a stolen or lost firearm has been recovered, enter that information into the national crime information center systems and add to the database a notation that the firearm has been recovered and the date on which it was recovered.

AB50,2236 Section 2236. 165.85 (2) (c) of the statutes is amended to read:

AB50,1160,13 165.85 (2) (c) “Law enforcement officer” means any person employed by the state or any political subdivision of the state, for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances that the person is employed and sworn to enforce. “Law enforcement officer” includes a marshal of the supreme court under s. 758.195 and a university police officer, as defined in s. 175.42 (1) (b).

AB50,2237 Section 2237. 165.85 (4) (a) 1m. of the statutes is created to read:

AB50,1160,18 165.85 (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.

AB50,2238 Section 2238. 165.85 (5x) of the statutes is amended to read:

AB50,1161,3 165.85 (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).

AB50,2239 Section 2239. 165.91 (2) (a) of the statutes is amended to read:

AB50,1161,13 165.91 (2) (a) From the appropriation under s. 20.455 (2) (kw), the department shall provide grants totaling $1,390,000 annually to tribes to fund tribal law enforcement operations. To be eligible for a grant under this subsection, a tribe must submit an application for a grant to the department that includes a proposed plan for expenditure of the grant moneys. The department shall review any application and plan submitted to determine whether that application and plan meet the criteria established under par. (b). The department shall review the use of grant money provided under this subsection to ensure that the money is used according to the approved plan.

AB50,2240 Section 2240. 165.91 (2) (c) of the statutes is created to read:

AB50,1161,19 165.91 (2) (c) In any fiscal year, if there are moneys in the appropriation account under s. 20.455 (2) (kw) in excess of the amount specified in par. (a), the department of justice shall provide a payment to each tribe that operates a tribal law enforcement agency in an amount equal to the total excess moneys divided by the number of eligible tribes under this paragraph.

AB50,2241 Section 2241. 165.935 of the statutes is created to read:

AB50,1161,24 165.935 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.

AB50,1162,3 (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).

AB50,1162,5 (3) The grant awards under this section may supplement federal funds under 34 USC 20103 but may not replace the funds.

AB50,2242 Section 2242. 165.95 (title) of the statutes is amended to read:

AB50,1162,8 165.95 (title) Alternatives to prosecution and incarceration; grant program programs.

AB50,2243 Section 2243. 165.95 (1) (ac) of the statutes is created to read:

AB50,1162,12 165.95 (1) (ac) “Evidence-based practice” means a practice that has been developed using research to determine its efficacy for achieving positive measurable outcomes, including reducing recidivism and increasing public safety.

AB50,2244 Section 2244. 165.95 (2) of the statutes is repealed.

AB50,2245 Section 2245. 165.95 (2m) of the statutes is created to read:

AB50,1162,22 165.95 (2m) No later than January 1, 2027, each county shall operate an alternatives to prosecution and incarceration program described under sub. (3). No later than December 31, 2026, and by each December 31 thereafter, each county shall certify to the director of state courts that is has, or will have, a qualifying alternatives to prosecution and incarceration program by January 1 of the next calendar year. The director of state courts may consult with the department of justice to confirm whether the county operates a qualifying alternatives to prosecution and incarceration program.

AB50,2246 Section 2246. 165.95 (2r) of the statutes is repealed.

AB50,2247 Section 2247. 165.95 (3) (intro.) of the statutes is amended to read:

AB50,1163,5 165.95 (3) (intro.) A county or tribe shall be eligible for a grant under sub. (2) program under this section, including a suspended and deferred prosecution program and a program based on principles of restorative justice, shall be considered an alternatives to prosecution and incarceration program if all of the following apply:

AB50,2248 Section 2248. 165.95 (3) (a) of the statutes is repealed.

AB50,2249 Section 2249. 165.95 (3) (ag) of the statutes is created to read:

AB50,1163,11 165.95 (3) (ag) The program operates within the continuum from arrest to discharge from supervision and provides an alternative to prosecution, revocation, or incarceration through the use of pre-charge and post-charge diversion programs or treatment courts and community-based corrections.

AB50,2250 Section 2250. 165.95 (3) (b) of the statutes is amended to read:

AB50,1163,18 165.95 (3) (b) The program employs evidence-based practices and is designed to promote and facilitate the implementation of effective criminal justice policies and practices that maximize justice and public and victim safety, reduce prison and jail populations, reduce prosecution and incarceration costs, and reduce recidivism, and improve the welfare of participants’ families by meeting the comprehensive needs of participants.

AB50,2251 Section 2251. 165.95 (3) (bd) of the statutes is created to read:

AB50,1163,22 165.95 (3) (bd) The program identifies each target population served by the program and identifies the evidence-based practices the program employs for each target population it serves.

AB50,2252 Section 2252. 165.95 (3) (cm) 2. of the statutes is created to read:

AB50,1164,5 165.95 (3) (cm) 2. If the program is administered by a tribe, the criminal justice oversight committee shall consist of a representative of the judiciary, a representative of criminal prosecution and criminal defense, a social services provider, a behavioral health treatment provider, a law enforcement officer, a representative of corrections, and other members that the oversight committee determines are appropriate to the program.

AB50,2253 Section 2253. 165.95 (3) (d) of the statutes is amended to read:

AB50,1164,10 165.95 (3) (d) Services provided under the program are consistent with evidence-based practices in substance abuse and mental health treatment, as determined by the department of health services, and the program provides intensive case management.

AB50,2254 Section 2254. 165.95 (3) (e) of the statutes is amended to read:

AB50,1164,13 165.95 (3) (e) The program uses graduated sanctions and incentives to promote successful substance abuse treatment success.

AB50,2255 Section 2255. 165.95 (3) (g) of the statutes is amended to read:

AB50,1164,22 165.95 (3) (g) The program is designed to integrate all mental health services provided to program participants by state and local government agencies, tribes, and other organizations. The program shall require regular communication and coordination among a participant’s substance abuse treatment providers, other service providers, the case manager, and any person designated under the program to monitor the person’s compliance with his or her obligations under the program, and any probation, extended supervision, and parole agent assigned to the participant.

AB50,2256 Section 2256. 165.95 (3) (h) of the statutes is amended to read:

AB50,1165,4 165.95 (3) (h) The program provides substance abuse and mental health treatment services through providers that who use evidence-based practices in the delivery of services and, where applicable, who are certified by the department of health services or licensed to provide the services approved under the program.

AB50,2257 Section 2257. 165.95 (3) (i) of the statutes is renumbered 165.95 (3d) and amended to read:

AB50,1165,11 165.95 (3d) The An alternatives to prosecution and incarceration program requires under this section may require participants to pay a reasonable amount for their treatment, based on their income and available assets, and pursues to pursue and uses use all possible resources available through insurance and federal, state, and local aid programs, including cash, vouchers, and direct services.

AB50,2258 Section 2258. 165.95 (3) (j) of the statutes is amended to read:

AB50,1165,20 165.95 (3) (j) The program is developed with input from, and implemented in collaboration with, one or more circuit court judges, the district attorney, the state public defender, local and, if applicable, tribal law enforcement officials, county agencies and, if applicable, tribal agencies responsible for providing social services, including services relating to alcohol and other drug addiction substance use disorder, child welfare, mental health, and the Wisconsin Works program, the departments of corrections, children and families, and health services, private social services agencies, and substance abuse use disorder treatment providers.

AB50,2259 Section 2259. 165.95 (3) (k) of the statutes is repealed.

AB50,2260 Section 2260. 165.95 (5) (a) of the statutes is renumbered 165.95 (3) (cm) (intro.) and amended to read:

AB50,1166,5 165.95 (3) (cm) (intro.) A county or tribe that receives a grant under this section shall create an The program identifies a criminal justice oversight committee to develop and implement the program design and advise the county or tribe in administering and evaluating its program. Each The membership of each criminal justice oversight committee shall be as follows: