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2019 - 2020 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 127
September 20, 2019 - Offered by Senator Jacque.
SB127-SSA1,1,8 1An Act to repeal 978.001 (1p) and 978.11; to renumber and amend 977.08 (3)
2(b); to amend 13.093 (2) (a), 16.971 (9), 16.971 (10), 230.33 (1), 977.02 (5),
3977.08 (3) (c), 978.03, 978.045 (1g), 978.045 (1r) (bm) (intro.), 978.045 (2), 978.05
4(9) and 978.12 (1) (c); and to create 13.0967, 15.77, 20.548, 20.923 (4) (f) 7x.,
5227.118, 227.19 (3) (em), 230.08 (2) (qp), 977.08 (3) (b) 2., 978.001 (1b), (1d) and
6(1n), 978.003, 978.004 and 978.005 of the statutes; relating to: creation of a
7prosecutor board and a state prosecutors office, Public Defender Board
8regulation, and making an appropriation.
Analysis by the Legislative Reference Bureau
Courts and procedure
Public defender
Under current law, the Public Defender Board may promulgate rules to assure
that representation of indigent clients by the private bar is at the same level as the
representation provided by the state public defender. Under this bill, the board's
authority to promulgate rules is expanded to include setting standards for and

imposing conditions upon private bar attorney certification, decertification, or
recertification to represent clients. The bill also adds the following list of reasons as
grounds for which the office of the state public defender may exclude a private bar
attorney from a public defender list: 1) the attorney has failed to meet minimum
attorney performance standards adopted by the state public defender; 2) the
attorney has failed to comply with the supreme court rules of professional conduct
for attorneys; 3) the attorney has engaged in conduct that is contrary to the interests
of clients, the interests of justice, or the interests of the state public defender; or 4)
the state public defender learns of any information that raises a concern about the
attorney's character, performance, ability, or behavior.
District Attorneys
The bill creates an independent prosecutor board that oversees and sets policies
for a state prosecutors office, also created in the bill. Under the bill, the executive
director of the state prosecutors office manages the office; prepares personnel
policies, fiscal estimates, and an annual report; and represents the board before the
governor, the legislature, bar associations, and courts. The executive director may
also identify methods and practices for district attorneys that promote professional
competence and ethical practices. Under the bill, the state prosecutors office
assumes duties relating to district attorneys that current law assigns to the
Department of Administration, such as preparing a budget for all of the prosecutorial
units, approving appointments of special prosecutors when needed, and making
requests for assistant district attorneys in certain prosecutorial units. The bill
requires any rule that directly affects the state prosecutors office to be reviewed by
the office and for the office to submit a report on the proposed rule that includes
information about the effect of the proposed rule on the state prosecutors office. The
bill requires DOA to provide the state prosecutors office with general access to a case
management system currently used by the Department of Justice to manage
case-related information and to share the information among prosecutors.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB127-SSA1,1 1Section 1 . 13.093 (2) (a) of the statutes is amended to read:
SB127-SSA1,3,222 13.093 (2) (a) Any bill making an appropriation, any bill increasing or
3decreasing existing appropriations or state or general local government fiscal
4liability or revenues, and any bill that modifies an existing surcharge or creates a
5new surcharge that is imposed under ch. 814, shall, before any vote is taken thereon
6by either house of the legislature if the bill is not referred to a standing committee,
7or before any public hearing is held before any standing committee or, if no public

1hearing is held, before any vote is taken by the committee, incorporate a reliable
2estimate of the anticipated change in appropriation authority or state or general
3local government fiscal liability or revenues under the bill, including to the extent
4possible a projection of such changes in future biennia. The estimate shall also
5indicate whether any increased costs incurred by the state under the bill can be
6mitigated through the use of contractual service contracts let in accordance with
7competitive procedures. For purposes of this paragraph, a bill increasing or
8decreasing the liability or revenues of the unemployment reserve fund is considered
9to increase or decrease state fiscal liability or revenues. Except as otherwise
10provided by joint rules of the legislature or this paragraph, such estimates shall be
11made by the department or agency administering the appropriation or fund or
12collecting the revenue. The legislative council staff shall prepare the fiscal estimate
13with respect to the provisions of any bill referred to the joint survey committee on
14retirement systems which create or modify any system for, or make any provision for,
15the retirement of or payment of pensions to public officers or employees. The director
16of state courts shall prepare the fiscal estimate with respect to the provisions of any
17bill that modifies an existing surcharge or creates a new surcharge that is imposed
18under ch. 814. The executive director of the state prosecutors office shall prepare the
19fiscal estimate with respect to the provisions of any bill that affects prosecutors or
20the state prosecutors office, including bills modifying or creating crimes or
21sentencing practices.
When a fiscal estimate is prepared after the bill has been
22introduced, it shall be printed and distributed as are amendments.
SB127-SSA1,2 23Section 2 . 13.0967 of the statutes is created to read:
SB127-SSA1,4,4 2413.0967 Review of bills affecting state prosecutors office. Any bill that
25is introduced in either house of the legislature that directly affects the state

1prosecutors office shall have a notation to that effect on its jacket when the jacket is
2prepared. When a bill that has that notation on the jacket is introduced, the
3legislative reference bureau shall submit a copy of the bill to the state prosecutors
4office.
SB127-SSA1,3 5Section 3 . 15.77 of the statutes is created to read:
SB127-SSA1,4,7 615.77 Prosecutor board. There is created a prosecutor board consisting of
711 members, appointed for staggered 3-year terms, as follows:
SB127-SSA1,4,9 8(1) From each district under s. 752.11 (1) (b), (c), and (d), 2 district attorneys
9appointed by a majority of district attorneys from the district.
SB127-SSA1,4,11 10(2) From the district under s. 752.11 (1) (a), the district attorney and a deputy
11district attorney appointed by the district attorney.
SB127-SSA1,4,14 12(3) Two nonelected prosecutors, each from a different county, appointed by a
13majority of nonelected prosecutors. Under this subsection, “prosecutor” does not
14include a special prosecutor appointed under s. 978.045 or 978.05 (8) (b).
SB127-SSA1,4,15 15(4) The attorney general or his or her designee.
SB127-SSA1,4 16Section 4. 16.971 (9) of the statutes is amended to read:
SB127-SSA1,4,2417 16.971 (9) In conjunction with the public defender board, the prosecutor board,
18the director of state courts, and the departments of corrections and justice and
19district attorneys
, the department may maintain, promote and coordinate
20automated justice information systems that are compatible among counties and the
21officers and agencies specified in this subsection, using the moneys appropriated
22under s. 20.505 (1) (kh) and (kq). The department shall annually report to the
23legislature under s. 13.172 (2) concerning the department's efforts to improve and
24increase the efficiency of integration of justice information systems.
SB127-SSA1,5 25Section 5 . 16.971 (10) of the statutes is amended to read:
SB127-SSA1,5,4
116.971 (10) The department shall maintain, and provide the department of
2justice and the state prosecutors office with general access to, a case management
3system that allows the state prosecutors office and district attorneys to manage all
4case-related information and share the information among prosecutors.
SB127-SSA1,6 5Section 6 . 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
6the following amounts for the purposes indicated: - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF
SB127-SSA1,7 7Section 7 . 20.548 of the statutes is created to read:
SB127-SSA1,5,9 820.548 Prosecutor board. There is appropriated to the prosecutor board for
9the following program:
SB127-SSA1,5,12 10(1) Coordination and administration of prosecutor functions. (a) Program
11administration.
The amounts in the schedule for program administration costs of
12the office of state prosecutors.
SB127-SSA1,5,1513 (g) Gifts, grants, and proceeds. All moneys received from gifts and grants and
14all proceeds from services, conferences, and sales of publications and promotional
15materials for the purposes for which made or received.
SB127-SSA1,8 16Section 8 . 20.923 (4) (f) 7x. of the statutes is created to read:
SB127-SSA1,5,1717 20.923 (4) (f) 7x. State prosecutors office: executive director.
SB127-SSA1,9 18Section 9 . 227.118 of the statutes is created to read:
SB127-SSA1,6,10
1227.118 Review of rules affecting state prosecutors office. (1) Report
2on rules affecting state prosecutors office.
If a proposed rule directly affects the
3state prosecutors office, the agency proposing the rule shall, prior to submitting the
4proposed rule to the legislative council staff under s. 227.15, submit the proposed
5rule to the state prosecutors office. The state prosecutors office shall prepare a report
6on the proposed rule before it is submitted to the legislative council staff under s.
7227.15. The state prosecutors office may request any information from other state
8agencies, local governments, individuals, or organizations that is reasonably
9necessary for the office to prepare the report. The state prosecutors office shall
10prepare the report within 30 days after the rule is submitted to the office.
SB127-SSA1,6,13 11(2) Findings of the office to be contained in the report. The report of the
12state prosecutors office shall contain information about the effect of the proposed
13rule on the state prosecutors office.
SB127-SSA1,6,15 14(3) Applicability. This section does not apply to emergency rules promulgated
15under s. 227.24.
SB127-SSA1,10 16Section 10 . 227.19 (3) (em) of the statutes is created to read:
SB127-SSA1,6,1817 227.19 (3) (em) The report of the state prosecutors office, if the proposed rule
18directly affects the state prosecutors office.
SB127-SSA1,11 19Section 11 . 230.08 (2) (qp) of the statutes is created to read:
SB127-SSA1,6,2020 230.08 (2) (qp) The executive director in the office of state prosecutors.
SB127-SSA1,12 21Section 12 . 230.33 (1) of the statutes is amended to read:
SB127-SSA1,7,722 230.33 (1) A person appointed to an unclassified position by the governor,
23elected officer, judicial body, or prosecutor board, or by a legislative body or
24committee shall be granted a leave of absence without pay for the duration of the
25appointment and for 3 months thereafter, during which time the person has

1restoration rights to the former position or equivalent position in the department in
2which last employed in a classified position without loss of seniority. The person
3shall also have reinstatement privileges for 5 years following appointment to the
4unclassified service or for one year after termination of the unclassified appointment
5whichever is longer. Restoration rights and reinstatement privileges shall be
6forfeited if the reason for termination of the unclassified appointment would also be
7reason for discharge from the former position in the classified service.
SB127-SSA1,13 8Section 13 . 977.02 (5) of the statutes is amended to read:
SB127-SSA1,7,149 977.02 (5) Promulgate rules establishing procedures to assure that
10representation of indigent clients by the private bar at the initial stages of cases
11assigned under this chapter is at the same level as the representation provided by
12the state public defender, including setting standards for and imposing conditions
13upon private bar attorney certification, decertification, or recertification to represent
14clients under this chapter
.
SB127-SSA1,14 15Section 14 . 977.08 (3) (b) of the statutes is renumbered 977.08 (3) (b) 1. and
16amended to read:
SB127-SSA1,7,2317 977.08 (3) (b) 1. A final set of lists for each county shall be prepared, certified,
18and annually updated by the state public defender. Persons may not be excluded
19from any a list unless only if the state public defender states in writing the reasons
20for such action in the context of accordance with subd. 2. and existing rules adopted
21by the state public defender board. Any attorney thus excluded shall then have the
22opportunity to
may appeal the state public defender's decision to the board, which
23shall issue a final decision in writing.
SB127-SSA1,15 24Section 15 . 977.08 (3) (b) 2. of the statutes is created to read:
SB127-SSA1,8,2
1977.08 (3) (b) 2. An attorney may be excluded from a list under subd. 1. if any
2of the following applies:
SB127-SSA1,8,43 a. The attorney fails or has failed to meet minimum attorney performance
4standards adopted by the state public defender.
SB127-SSA1,8,55 b. The attorney fails or has failed to comply with SCR chapter 20.
SB127-SSA1,8,76 c. The attorney engages in conduct that is contrary to the interests of clients,
7the interests of justice, or the interests of the state public defender.
SB127-SSA1,8,98 d. The state public defender learns of any information that raises a concern
9about the attorney's character, performance, ability, or behavior.
SB127-SSA1,16 10Section 16 . 977.08 (3) (c) of the statutes is amended to read:
SB127-SSA1,8,1511 977.08 (3) (c) A person appointed from the set of lists prepared under par. (b)
121. shall be appointed in order from the top of each list; if any attorney thus appointed
13states in writing that he or she cannot accept the appointment, he or she shall be
14placed on the bottom of the list, and the attorney thus elevated to the top of the list
15shall be appointed.
SB127-SSA1,17 16Section 17 . 978.001 (1b), (1d) and (1n) of the statutes are created to read:
SB127-SSA1,8,1717 978.001 (1b) “Board" means the prosecutor board.
SB127-SSA1,8,19 18(1d) “Executive director" means the executive director appointed under s.
19978.003 (3).
SB127-SSA1,8,20 20(1n) “Office" means the state prosecutors office.
SB127-SSA1,18 21Section 18 . 978.001 (1p) of the statutes is repealed.
SB127-SSA1,19 22Section 19 . 978.003 of the statutes is created to read:
SB127-SSA1,8,23 23978.003 Board; duties. The board shall do all of the following:
SB127-SSA1,8,25 24(1) Submit the budget in accordance with s. 16.42 after the executive director
25submits the budget to the board and the board approves it.
SB127-SSA1,9,2
1(2) At least annually submit to the joint committee on finance
2recommendations on the allocation of prosecutor resources.
SB127-SSA1,9,4 3(3) Appoint an attorney with experience in criminal prosecution as the
4executive director of the office.
SB127-SSA1,9,5 5(4) Oversee, and set policy initiatives for, the executive director.
SB127-SSA1,9,7 6(5) Review existing law or proposed legislation and make recommendations to
7the legislature.
SB127-SSA1,20 8Section 20 . 978.004 of the statutes is created to read:
SB127-SSA1,9,10 9978.004 State prosecutors office executive director. (1) The executive
10director shall do all of the following:
SB127-SSA1,9,1211 (a) Manage and direct the office subject to the policy initiatives set under s.
12978.003 (4).
SB127-SSA1,9,1413 (b) Prepare and submit to the board for its approval a budget and any personnel
14and employment policies that the board requires.
SB127-SSA1,9,1615 (c) Prepare and submit to the board and other appropriate persons an annual
16report of the activities of the office in the form that the board directs.
SB127-SSA1,9,1817 (d) Represent the board before the governor, the legislature, bar associations,
18courts, and other appropriate entities.
SB127-SSA1,9,2519 (e) Appoint in the classified service an executive assistant and all other
20employees of the office. Before making an appointment under this paragraph, the
21executive director shall notify the board of any prospective appointment. If the board
22does not object to the prospective appointment within 7 working days after
23notification, the executive director may make the appointment. If the board objects
24to a prospective appointment, the executive director may not make the appointment
25until the board approves it.
SB127-SSA1,10,8
1(f) Prepare fiscal estimates on bills affecting prosecutors or the office, including
2bills modifying or creating crimes or sentencing practices. To prepare a fiscal
3estimate, the executive director shall consult with and obtain data from district
4attorneys. The executive director shall transmit a draft fiscal estimate to the board.
5If the board does not object to the draft fiscal estimate within 7 working days after
6receiving it, the executive director may submit the fiscal estimate. If the board
7objects to a draft fiscal estimate, the executive director may not submit the fiscal
8estimate until the board approves it.
SB127-SSA1,10,11 9(2) The executive director may identify methods and practices for district
10attorneys that promote professional competence, ethical practices, and
11evidence-based practices.
SB127-SSA1,21 12Section 21 . 978.005 of the statutes is created to read:
SB127-SSA1,10,18 13978.005 Limits on board and executive director. Neither the board nor
14the executive director may make any decision regarding the handling of any case nor
15interfere with any district attorney in carrying out professional duties. Neither the
16board nor the office may interfere with or infringe upon the autonomy of a district
17attorney or upon the authority of a district attorney to manage his or her own
18prosecutorial unit.
SB127-SSA1,22 19Section 22 . 978.03 of the statutes is amended to read:
SB127-SSA1,11,5 20978.03 Deputies and assistants in certain prosecutorial units. (1) The
21district attorney of any prosecutorial unit having a population of 750,000 or more
22may appoint 7 deputy district attorneys and such assistant district attorneys as may
23be requested by the department of administration, or by the board, and authorized
24in accordance with s. 16.505. The district attorney shall rank the deputy district
25attorneys for purposes of carrying out duties under this section. The deputies,

1according to rank, may perform any duty of the district attorney, under the district
2attorney's direction. In the absence or disability of the district attorney, the deputies,
3according to rank, may perform any act required by law to be performed by the
4district attorney. Any such deputy must have practiced law in this state for at least
52 years prior to appointment under this section.
SB127-SSA1,11,16 6(1m) The district attorney of any prosecutorial unit having a population of
7200,000 or more but less than 750,000 may appoint 3 deputy district attorneys and
8such assistant district attorneys as may be requested by the department of
9administration, or by the board, and authorized in accordance with s. 16.505. The
10district attorney shall rank the deputy district attorneys for purposes of carrying out
11duties under this section. The deputies, according to rank, may perform any duty
12of the district attorney, under the district attorney's direction. In the absence or
13disability of the district attorney, the deputies, according to rank, may perform any
14act required by law to be performed by the district attorney. Any such deputy must
15have practiced law in this state for at least 2 years prior to appointment under this
16section.
SB127-SSA1,11,25 17(2) The district attorney of any prosecutorial unit having a population of
18100,000 or more but not more than 199,999 may appoint one deputy district attorney
19and such assistant district attorneys as may be requested by the department of
20administration, or by the board, and authorized in accordance with s. 16.505. The
21deputy may perform any duty of the district attorney, under the district attorney's
22direction. In the absence or disability of the district attorney, the deputy may
23perform any act required by law to be performed by the district attorney. The deputy
24must have practiced law in this state for at least 2 years prior to appointment under
25this section.
SB127-SSA1,12,6
1(3) Any assistant district attorney under sub. (1), (1m), or (2) must be an
2attorney admitted to practice law in this state and, except as provided in s. 978.043
3(1), may perform any duty required by law to be performed by the district attorney.
4The district attorney of the prosecutorial unit under sub. (1), (1m), or (2) may appoint
5such temporary counsel as may be authorized by the department of administration
6board.
SB127-SSA1,23 7Section 23 . 978.045 (1g) of the statutes is amended to read:
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