Amendment AA1-AB805

CMH:kjf

2019 - 2020 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 805

February 5, 2020 - Offered by Representative Sortwell.

AB805-AA1,1,1 At the locations indicated, amend the bill as follows:

AB805-AA1,1,3 1. Page 1, line 3: delete “crime" and substitute “felony or a violent misdemeanor".

AB805-AA1,1,5 2. Page 2, line 1: delete “crime," and substitute “ felony or a violent misdemeanor, as defined in s. 941.29 (1g) (b),".

AB805-AA1,1,6 3. Page 2, line 2: after that line insert:

AB805-AA1,1,7 “ Section 1f. 302.113 (8m) (c) of the statutes is created to read:

AB805-AA1,1,13 302.113 (8m) (c) If the department is required to recommend revocation under par. (a) and the charges are dismissed or the person is found not guilty of the charges filed, the person shall be released to extended supervision and provided with credit in accordance with s. 304.072. Unless the dismissed charge is refiled, the person's extended supervision may not be revoked for the same act for which the person was charged even if the act is a violation of a condition or rule.”.

AB805-AA1,2,2 4. Page 2, line 8: delete “crime," and substitute “ felony or a violent misdemeanor, as defined in s. 941.29 (1g) (b),".

AB805-AA1,2,3 5. Page 2, line 9: after that line insert:

AB805-AA1,2,4 “ Section 2f. 302.114 (8m) (c) of the statutes is created to read:

AB805-AA1,2,10 302.114 (8m) (c) If the department is required to recommend revocation under par. (a) and the charges are dismissed or the person is found not guilty of the charges filed, the person shall be released to extended supervision and provided with credit in accordance with s. 304.072. Unless the dismissed charge is refiled, the person's extended supervision may not be revoked for the same act for which the person was charged even if the act is a violation of a condition or rule.”.

AB805-AA1,2,12 6. Page 2, line 17: delete “crime," and substitute “ felony or a violent misdemeanor, as defined in s. 941.29 (1g) (b),".

AB805-AA1,2,17 7. Page 2, line 18: after “revoked." insert “If the charges are dismissed or the person is found not guilty of the charges filed, the person shall be released to parole and provided with credit in accordance with s. 304.072. Unless the dismissed charge is refiled, the person's parole may not be revoked for the same act for which the person was charged even if the act is a violation of a condition or rule.".

AB805-AA1,2,18 8. Page 3, line 8: after that line insert:

AB805-AA1,2,19 “ Section 3f. 304.072 (2) of the statutes is amended to read:

AB805-AA1,3,4 304.072 (2) If a parolee, probationer or person on extended supervision is alleged to have violated the terms of his or her supervision but the department or division determines that the alleged violation was not proven, the period between the alleged violation and the determination shall be treated as service of the probationary, extended supervision, or parole period. If a person is released under s. 302.113 (8m) (a), 302.114 (8m) (a), 304.06 (3), or 973.10 (2) (intro.) due to a dismissal of a charge or a finding of not guilty, the period between the recommendation to revoke and the release shall be treated as service of the probationary, extended supervision, or parole period.”.

AB805-AA1,3,6 9. Page 3, line 13: delete “crime," and substitute “ felony or a violent misdemeanor, as defined in s. 941.29 (1g) (b),".

AB805-AA1,3,12 10. Page 3, line 13: after “revoked." insert “If the charges are dismissed or the person is found not guilty of the charges filed, the person shall be released to probation and provided with credit in accordance with s. 304.072. Unless the dismissed charge is refiled, the person's probation may not be revoked for the same act for which the person was charged even if the act is a violation of a condition or rule.".

AB805-AA1,3,13 (End)