AB50: Bill Text

AB50,1610,19 2. One of the following applies:

AB50,1610,21 a. The person would not have been guilty of a crime had the violation occurred on or after the effective date of this subd. 2. a. .... [LRB inserts date].

AB50,1610,23 b. The person would have been guilty of a lesser crime had the violation occurred on or after the effective date of this subd. 2. b. .... [LRB inserts date].

AB50,1611,2 (b) 1. A person to whom par. (a) applies shall file a petition with the sentencing court to request expungement or redesignation.

AB50,1611,10 2. If the court receiving a petition under subd. 1. determines that par. (a) applies, the court shall schedule a hearing to consider the petition. At the hearing, if the court determines that par. (a) 2. b. applies, the court shall redesignate the crime to a lesser crime and change the record to reflect the lesser crime, and, if the court determines that par. (a) 2. a. applies, the court shall expunge the conviction. Before redesignating or expunging under this subdivision, the court shall determine that the action does not present an unreasonable risk of danger to public safety.

AB50,1611,14 (3) Effect of resentencing, dismissal, redesignation, or expungement. If the court changes or expunges a record under this section, a conviction that was changed or expunged is not considered a conviction for any purpose under state or federal law, including for purposes of s. 941.29 or 18 USC 921.

AB50,3261 Section 3261. 973.043 (3) of the statutes is amended to read:

AB50,1611,19 973.043 (3) All moneys collected from drug offender diversion surcharges shall be credited to the appropriation account under s. 20.455 (2) (kv) 20.625 (1) (kv) and used for the purpose of making grants payments to counties under that comply with the criteria specified in s. 165.95 (3).

AB50,3262 Section 3262. 973.0452 of the statutes is created to read:

AB50,1612,2 973.0452 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:

AB50,1612,4 (a) Forty percent of the fine or forfeiture imposed or $40, whichever is greater, for each offense.

AB50,1612,5 (b) For each misdemeanor or felony count for which a conviction occurred, $50.

AB50,1612,7 (2) (a) In this subsection, “civil offense” means an offense punishable by a forfeiture.

AB50,1612,11 (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:

AB50,1612,13 1. The person is charged with one or more misdemeanors or felonies in a complaint.

AB50,1612,15 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.

AB50,1612,18 (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.

AB50,1612,23 (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.

AB50,1613,3 (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).

AB50,1613,7 (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.

AB50,3263 Section 3263. 973.123 (1) of the statutes is amended to read:

AB50,1613,17 973.123 (1) In this section, “violent felony” means any felony under s. 943.23 (1m), 1999 stats., s. 943.23 (1r), 1999 stats., or s. 943.23 (1g), 2021 stats., or s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.198, 940.20, 940.201, 940.203, 940.204, 940.21, 940.225, 940.23, 940.235, 940.285 (2), 940.29, 940.295 (3), 940.30, 940.302, 940.305, 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20, 941.26, 941.28, 941.285, 941.29 (1m), 941.292, 941.293, 941.30, 941.327 (2) (b) 3. or 4., 943.02, 943.04, 943.06, 943.10 (2), 943.231 (1), 943.32, 943.87, 946.43, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 948.07, 948.08, 948.085, or 948.30.

AB50,3264 Section 3264. 973.15 (5) of the statutes is amended to read:

AB50,1613,22 973.15 (5) A convicted offender who is made available to another jurisdiction under ch. 976 or in any other lawful manner shall be credited with service of his or her Wisconsin sentence or commitment under the terms of s. ss. 973.155 and 973.156 for the duration of custody in the other jurisdiction.

AB50,3265 Section 3265. 973.155 (1m) of the statutes is amended to read:

AB50,1614,4 973.155 (1m) A convicted offender shall be given credit toward the service of his or her sentence for all days spent in custody as part of a substance abuse treatment program that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10), for any offense arising out of the course of conduct that led to the person’s placement in that program.

AB50,3266 Section 3266. 973.156 of the statutes is created to read:

AB50,1614,9 973.156 Earned compliance credit. (1) In this section, “qualifying offense” means a crime other than a violation of ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095.

AB50,1614,14 (2) Upon the revocation of extended supervision under s. 302.113 (9) or parole under s. 302.11 (7), a person shall be given earned compliance credit toward the service of his or her sentence for a qualifying offense for each day that the person spent on extended supervision or parole without violating a condition or rule of extended supervision or parole prior to the violation that resulted in the revocation.

AB50,1614,16 (3) Subsection (2) does not apply to a person who is required to register under s. 301.45.

AB50,1614,19 (4) If a person is serving more than one sentence, earned compliance credit under sub. (2) is earned only for the time spent on extended supervision or parole for qualifying offenses.

AB50,1614,22 (5) The amount of the earned compliance credit under sub. (2) shall be calculated and applied by the appropriate reviewing authority under s. 302.11 (7) (am) or 302.113 (9) (am) 1.

AB50,3267 Section 3267. 973.176 (1) of the statutes is amended to read:

AB50,1615,5 973.176 (1) Firearm possession. Whenever a court imposes a sentence or places a defendant on probation regarding a felony conviction or regarding a conviction for a misdemeanor under s. 175.33 (2), the court shall inform the defendant of the requirements and penalties applicable to him or her under s. 941.29 (1m) or (4m).

AB50,3268 Section 3268. 973.25 (1) (a) of the statutes is amended to read:

AB50,1615,10 973.25 (1) (a) “Certificate of qualification for employment” means a certificate issued by the council on offender employment that provides an offender with relief from a collateral sanction, except that it does not provide relief from s. 48.685 (5m), 50.065 (4m), or 111.335 (3) (a) (ar), (b), (c), or (e) or (4) (h) or (i).

AB50,3269 Section 3269. 977.08 (4m) (e) of the statutes is amended to read:

AB50,1615,22 977.08 (4m) (e) Unless otherwise provided by a rule promulgated under s. 977.02 (7r) or by a contract authorized under sub. (3) (f), for cases assigned on or after July 1, 2023, private local attorneys shall be paid $100 per hour for time spent related to a case, excluding travel, and for cases assigned on or after July 1, 2025, private local attorneys shall be paid $125 per hour for time spent related to a case, excluding travel, if any crime charged is a violent crime, as defined in s. 165.84 (7) (ab). For cases assigned on or after July 1, 2023, private local attorneys shall be paid $50 per hour for time spent in travel related to a case if any portion of the trip is outside the county in which the attorney’s principal office is located or if the trip requires traveling a distance of more than 30 miles, one way, from the attorney’s principal office.

AB50,3270 Section 3270. 978.03 (1m) of the statutes is amended to read:

AB50,1616,10 978.03 (1m) The district attorney of any prosecutorial unit having a population of 200,000 or more but less than 750,000 may appoint 3 4 deputy district attorneys and such assistant district attorneys as may be requested by the department of administration and authorized in accordance with s. 16.505. The district attorney shall rank the deputy district attorneys for purposes of carrying out duties under this section. The deputies, according to rank, may perform any duty of the district attorney, under the district attorney’s direction. In the absence or disability of the district attorney, the deputies, according to rank, may perform any act required by law to be performed by the district attorney. Any such deputy must have practiced law in this state for at least 2 years prior to appointment under this section.

AB50,3271 Section 3271. 978.045 (2) of the statutes is amended to read:

AB50,1616,22 978.045 (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.

AB50,3272 Section 3272. 978.05 (6) (a) of the statutes is amended to read:

AB50,1617,12 978.05 (6) (a) Institute, commence, or appear in all civil actions or special proceedings under and perform the duties set forth for the district attorney under ch. 980 and ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 89.08, 103.50 (8), 103.92 (4), 109.09, 343.305 (9) (a), 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a), 946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties in connection with court proceedings in a court assigned to exercise jurisdiction under chs. 48 and 938 as the judge may request and perform all appropriate duties and appear if the district attorney is designated in specific statutes, including matters within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits the authority of the county board to designate, under s. 48.09 (5), that the corporation counsel provide representation as specified in s. 48.09 (5) or to designate, under s. 48.09 (6) or 938.09 (6), the district attorney as an appropriate person to represent the interests of the public under s. 48.14 or 938.14.

AB50,3273 Section 3273. 990.01 (3) of the statutes is amended to read:

AB50,1617,17 990.01 (3) Adult. “Adult” means a person who has attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “adult” means a person who has attained the age of 17 years.

AB50,3274 Section 3274. 990.01 (20) of the statutes is amended to read:

AB50,1617,22 990.01 (20) Minor. “Minor” means a person who has not attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, “minor” does not include a person who has attained the age of 17 years.

AB50,3275 Section 3275. 990.01 (22h) of the statutes is created to read:

AB50,1618,3 990.01 (22h) Natural parent. “Natural parent” means a parent of a child who is not an adoptive parent, whether the parent is biologically related to the child or not.

AB50,3276 Section 3276. 990.01 (39) of the statutes is created to read:

AB50,1618,6 990.01 (39) Spouses. “Spouses” means 2 individuals of the same sex or different sexes who are legally married to each other.

AB50,3277 Section 3277. 990.01 (40m) of the statutes is created to read:

AB50,1618,9 990.01 (40m) Stepparent. “Stepparent” means a person who is the spouse of a child’s parent and who is not also a parent of the child.

AB50,3278 Section 3278. 995.70 of the statutes is created to read:

AB50,1618,14 995.70 Eligibility of certain individuals who are not U.S. citizens to receive professional licenses. (1) In this section, “professional license” means a license, registration, certification, or other approval to perform specific work tasks, whether issued by the state or a local governmental entity.

AB50,1618,17 (2) Pursuant to 8 USC 1621 (d), an individual who is not a U.S. citizen is not ineligible to receive any professional license issued in this state because of the individual’s citizenship status.

AB50,1618,20 (3) Nothing in this section affects any requirement or qualification for an individual to obtain a professional license that is not related to the citizenship status of the individual.

AB50,3279 Section 3279. 2017 Wisconsin Act 370, section 44 (2) and (3) are repealed.

AB50,3280 Section 3280. 2017 Wisconsin Act 370, section 44 (5) is repealed.

AB50,3281 Section 3281. 2023 Wisconsin Act 20, sections 3, 9 and 29 (1) are repealed.

AB50,3282 Section 3282. DCF 55.02 (5g) (b) 2. of the administrative code is repealed.

AB50,3283 Section 3283. DCF 56.23 (1) (c) of the administrative code is repealed.

AB50,3284 Section 3284. DCF 58.08 (9) (c) and (d) of the administrative code are created to read:

AB50,1619,9 DCF 58.08 (9) (c) Exceptional payments. A kinship care agency may issue to a relative caregiver who is receiving kinship care payments or long-term kinship care payments an exceptional payment to enable siblings or a minor parent and minor children to reside together, subject to a maximum payment amount determined by the department.

AB50,1619,14 (d) Initial clothing allowance. A kinship care agency may pay an initial clothing allowance to a relative caregiver when the relative caregiver is initially approved by the kinship care agency. The amount of the initial clothing allowance shall be the actual cost of the clothing not to exceed a maximum determined by the department.

AB50,3285 Section 3285. DHS 107.07 (4) (k) 2. of the administrative code is repealed.

AB50,9101 Section 9101. Nonstatutory provisions; Administration.

AB50,1619,19 (1) Cybersecurity insurance program. The department of administration shall plan and prepare to have a cybersecurity insurance program for executive branch state agencies by the 2027-29 fiscal biennium.

AB50,1620,2 (2) Alternatives to prosecution and incarceration grant program. Notwithstanding s. 16.42 (1) (e), in submitting information under s. 16.42 for purposes of the 2027 biennial budget act, the department of administration shall submit information concerning the appropriation under s. 20.505 (1) (cb) as though the total amount appropriated under s. 20.505 (1) (cb) for the 2026-27 fiscal year was $142,500 more than the total amount that was actually appropriated under s. 20.505 (1) (cb) for the 2026-27 fiscal year.

AB50,1620,7 (3) Grants for Milwaukee County Housing First. From the appropriation under s. 20.505 (7) (fe), the department of administration shall award grants of $100,000 in fiscal year 2025-26 and $100,000 in fiscal year 2026-27 to the Milwaukee County department of health and human services to support Milwaukee County’s Housing First initiative.

AB50,1620,10 (4) Paid family and medical leave. If the paid family and medical leave program under s. 230.12 (9m) is approved by the joint committee on employment relations, it shall go into effect on January 1, 2027.

AB50,1620,12 (5) Task force on missing and murdered African American women and girls.

AB50,1620,15 (a) Definition. In this subsection, “nongovernmental organization” means a nonprofit, nongovernmental organization that provides legal, social, or other community services.

AB50,1620,20 (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:

AB50,1620,22 1. Two members of the senate, one appointed by the majority leader and one appointed by the minority leader.

AB50,1620,24 2. Two members of the assembly, one appointed by the speaker of the assembly and one appointed by the minority leader.

AB50,1621,1 3. Two representatives from among the following:

AB50,1621,2 a. The Wisconsin Chiefs of Police Association.

AB50,1621,3 b. The Badger State Sheriffs’ Association.

AB50,1621,4 c. The division of criminal investigation within the department of justice.

AB50,1621,5 4. One or more representatives from among the following:

AB50,1621,6 a. The Wisconsin District Attorneys Association.

AB50,1621,7 b. A U.S. Attorney’s office in this state.

AB50,1621,8 c. A judge or attorney working in juvenile court.

AB50,1621,10 5. A county coroner or representative from a statewide coroner’s association or a representative of the department of health services.

AB50,1621,11 6. Three or more representatives from among the following:

AB50,1621,13 a. A statewide or local organization that provides legal services to African American women and girls.

AB50,1621,15 b. A statewide or local organization that provides advocacy or counseling for African American women and girls who have been victims of violence.