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LRBs0335/1
EAW&CMH:emw
2021 - 2022 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 174
January 25, 2022 - Offered by Representatives Andraca, Baldeh, Billings,
Cabrera, Conley, Considine, Drake, Emerson, Haywood, Hebl, Hesselbein,
Hong, McGuire, Moore Omokunde, Neubauer, Ohnstad, Ortiz-Velez, Pope,
Riemer, S. Rodriguez, Shelton, Snodgrass, Spreitzer, Subeck, Vining,
Vruwink and Shankland.
AB174-ASA1,1,9 1An Act to repeal 20.455 (2) (cs) and 20.455 (2) (dm); to renumber and amend
279.01 (2d) and 79.035 (5); to repeal and recreate 79.035 (5) (a) and 79.035 (5)
3(b); and to create 20.455 (2) (cs), 20.455 (2) (dm), 20.455 (2) (es), 20.455 (5) (dm),
420.455 (5) (dn), 20.455 (5) (do), 79.01 (2d) (c), 79.01 (2d) (d), 79.035 (5) (b),
5165.925, 165.935, 165.97 and 969.15 of the statutes; relating to: an increase
6in county and municipal aid; various grant programs administered by the
7Department of Justice; court orders that prohibit a person from possessing a
8firearm under federal law; funding for crime victim and witness services; and
9making an appropriation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB174-ASA1,1 10Section 1 . 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
11the 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
AB174-ASA1,2 1Section 2 . 20.455 (2) (cs) of the statutes is created to read:
AB174-ASA1,2,42 20.455 (2) (cs) Community policing and community prosecution grant program.
3The amounts in the schedule for the community policing and community prosecution
4grant program under 2021 Wisconsin Act .... (this act), section 21 (2).
AB174-ASA1,3 5Section 3 . 20.455 (2) (cs) of the statutes, as created by 2021 Wisconsin Act ....
6(this act), is repealed.
AB174-ASA1,4 7Section 4 . 20.455 (2) (dm) of the statutes is created to read:
AB174-ASA1,2,108 20.455 (2) (dm) Violence prevention grants. The amounts in the schedule for
9the violence prevention grant program under 2021 Wisconsin Act .... (this act),
10section 21 (3).
AB174-ASA1,5 11Section 5 . 20.455 (2) (dm) of the statutes, as created by 2021 Wisconsin Act
12.... (this act), is repealed.
AB174-ASA1,6
1Section 6. 20.455 (2) (es) of the statutes is created to read:
AB174-ASA1,3,42 20.455 (2) (es) Pretrial release monitoring and accountability; grant program.
3The amounts in the schedule for the pretrial release monitoring and accountability
4grant program under s. 165.97.
AB174-ASA1,7 5Section 7 . 20.455 (5) (dm) of the statutes is created to read:
AB174-ASA1,3,76 20.455 (5) (dm) Address confidentiality program. The amounts in the schedule
7for the address confidentiality program under s. 165.68.
AB174-ASA1,8 8Section 8. 20.455 (5) (dn) of the statutes is created to read:
AB174-ASA1,3,109 20.455 (5) (dn) Victim and witness services. A sum sufficient to provide grants
10to law enforcement agencies under s. 165.935.
AB174-ASA1,9 11Section 9. 20.455 (5) (do) of the statutes is created to read:
AB174-ASA1,3,1412 20.455 (5) (do) Crime victim protective services grant program. Biennially, the
13amounts in the schedule to provide grants to law enforcement agencies and
14prosecutorial units under s. 165.925.
AB174-ASA1,10 15Section 10 . 79.01 (2d) of the statutes is renumbered 79.01 (2d) (intro.) and
16amended to read:
AB174-ASA1,3,2017 79.01 (2d) (intro.) There is established an account in the general fund entitled
18the “County and Municipal Aid Account." The total amount to be distributed in 2011
19to counties and municipalities from the county and municipal aid account is as
20follows:
AB174-ASA1,3,22 21(a) In 2011, $824,825,715 and the total amount to be distributed to counties and
22municipalities in
.
AB174-ASA1,3,24 23(b) Beginning in 2012, and in each year thereafter, from the county and
24municipal aid account is
and ending in 2021, $748,075,715.
AB174-ASA1,11 25Section 11 . 79.01 (2d) (c) of the statutes is created to read:
AB174-ASA1,4,1
179.01 (2d) (c) In 2022, $763,137,230.
AB174-ASA1,12 2Section 12 . 79.01 (2d) (d) of the statutes is created to read:
AB174-ASA1,4,33 79.01 (2d) (d) In 2023, and in each year thereafter, $778,499,974.
AB174-ASA1,13 4Section 13. 79.035 (5) of the statutes is renumbered 79.035 (5) (a) and
5amended to read:
AB174-ASA1,4,106 79.035 (5) (a) Except as provided in subs. (6), (7), and (8), for the distribution
7distributions beginning in 2013 and subsequent years ending in 2021, each county
8and municipality shall receive a payment under this section that is equal to the
9amount of the payment determined for the county or municipality under this section
10for 2012.
AB174-ASA1,14 11Section 14. 79.035 (5) (a) of the statutes, as affected by 2019 Wisconsin Act 19,
12section 18, and 2021 Wisconsin Act .... (this act), is repealed and recreated to read:
AB174-ASA1,4,1613 79.035 (5) (a) Except as provided in subs. (7) and (8), for the distributions
14beginning in 2013 and ending in 2021, each county and municipality shall receive
15a payment under this section that is equal to the amount of the payment determined
16for the county or municipality under this section for 2012.
AB174-ASA1,15 17Section 15 . 79.035 (5) (b) of the statutes is created to read:
AB174-ASA1,4,2118 79.035 (5) (b) 1. Except as provided in subs. (6), (7), and (8), for the distribution
19in 2022, each county and municipality shall receive a payment under this section
20that is equal to the amount of the payment determined for the county or municipality
21under this section for 2021, increased by 2 percent.
AB174-ASA1,4,2522 2. Except as provided in subs. (6), (7), and (8), for the distribution in 2023 and
23subsequent years, each county and municipality shall receive a payment under this
24section that is equal to the amount of the payment determined for the county or
25municipality under this section for 2022, increased by 2 percent.
AB174-ASA1,16
1Section 16. 79.035 (5) (b) of the statutes, as affected by 2021 Wisconsin Act ....
2(this act), is repealed and recreated to read:
AB174-ASA1,5,63 79.035 (5) (b) 1. Except as provided in subs. (7) and (8), for the distribution in
42022, each county and municipality shall receive a payment under this section that
5is equal to the amount of the payment determined for the county or municipality
6under this section for 2021, increased by 2 percent.
AB174-ASA1,5,107 2. Except as provided in subs. (7) and (8), for the distribution in 2023 and
8subsequent years, each county and municipality shall receive a payment under this
9section that is equal to the amount of the payment determined for the county or
10municipality under this section for 2022, increased by 2 percent.
AB174-ASA1,17 11Section 17. 165.925 of the statutes is created to read:
AB174-ASA1,5,13 12165.925 Crime victim protective services grant program. (1) In this
13section:
AB174-ASA1,5,1414 (a) “Crime victim” means a person against whom a crime has been committed.
AB174-ASA1,5,1515 (b) “Law enforcement agency” has the meaning given in s. 165.85 (2) (bv).
AB174-ASA1,5,1616 (c) “Prosecutorial unit" means a prosecutorial unit described in s. 978.01 (1).
AB174-ASA1,5,19 17(2) From the appropriation under s. 20.455 (5) (do), the department of justice
18shall award grants to law enforcement agencies and prosecutorial units to fund
19crime victim protection services, including temporary housing for crime victims.
AB174-ASA1,5,22 20(3) The department of justice shall develop criteria that, notwithstanding s.
21227.10 (1), need not be promulgated as rules under ch. 227 for use in awarding grants
22under sub. (2).
AB174-ASA1,18 23Section 18 . 165.935 of the statutes is created to read:
AB174-ASA1,6,3 24165.935 Local law enforcement services to victims and witnesses. (1)
25 From the appropriation under s. 20.455 (5) (dn), the department of justice shall

1award grants to law enforcement agencies on a competitive basis to provide on-site
2services to crime victims and witnesses between the time a crime is reported until
3someone is charged for the crime.
AB174-ASA1,6,11 4(2) A law enforcement agency may apply for a grant under sub. (1) by
5submitting a plan to the department of justice for the expenditure of the grant
6moneys awarded. To be eligible for a grant, the law enforcement agency's plan must
7create the position of a victim and witness services coordinator who is available at
8the law enforcement agency and who will ensure that victims and witnesses receive
9the rights and services to which they are entitled under ch. 950 between the time a
10crime is reported and criminal charges are filed against an alleged perpetrator of the
11crime.
AB174-ASA1,6,17 12(3) A law enforcement agency that is awarded a grant under sub. (1) shall
13provide information to the department of justice regarding the agency's
14implementation of the plan, including the number of victims and witnesses who are
15provided services and the types of services they receive. The department may
16request any data regarding a plan funded under this section that are necessary to
17evaluate the program and prepare the reports under subs. (4) and (5).
AB174-ASA1,6,21 18(4) The department of justice shall annually analyze the data submitted under
19sub. (3) for the previous year and prepare a progress report that evaluates the
20effectiveness of the program. The department shall make the report available to the
21public.
AB174-ASA1,6,25 22(5) Beginning on the date 5 years after the effective date of this subsection ....
23[LRB inserts date], the department of justice shall prepare a comprehensive report
24that analyzes all data submitted under sub. (3) and shall submit the report to the
25legislature under s. 13.172 (2).
AB174-ASA1,7,3
1(6) The department of justice may not award any grant under this section after
2the date that is 5 years after the effective date of this subsection .... [LRB inserts
3date].
AB174-ASA1,19 4Section 19. 165.97 of the statutes is created to read:
AB174-ASA1,7,11 5165.97 Pretrial release monitoring and accountability; grant program.
6The department of justice shall award grants from the appropriation under s. 20.455
7(2) (es) to counties for pretrial release monitoring and accountability programs.
8Programs funded under this section must use evidence-based practices to provide
9services for individuals released from custody under ch. 969, and may include
10location monitoring, mental health treatment, substance use disorder treatment,
11and sobriety monitoring.
AB174-ASA1,20 12Section 20. 969.15 of the statutes is created to read:
AB174-ASA1,7,16 13969.15 Enforcement assistance for court orders that render persons
14ineligible to possess a firearm under federal law.
If a person who is released
15on bail or bond under this chapter is subject to a court order described in 18 USC 922
16(g) (8), all of the following shall occur:
AB174-ASA1,7,18 17(1) Within one business day of the person's release, the clerk shall send a copy
18of the court order to the sheriff with jurisdiction over the person's residence.
AB174-ASA1,7,25 19(2) No later than 24 hours after receiving the copy of the court order under sub.
20(1), the sheriff shall enter the court order, including modifying or cancelling a
21previous court order per the current court order, into the transaction information for
22management of enforcement system. The sheriff shall ensure that the information
23on the existence and status of any court order under this section is available to other
24law enforcement agencies through a verification system. The information does not
25need to be maintained after the order is no longer in effect.
AB174-ASA1,8,4
1(3) A law enforcement agency or a clerk may use electronic transmission to
2facilitate the exchange of information under this section. Any person who uses
3electronic transmission shall ensure that the electronic transmission does not allow
4unauthorized disclosure of the information transmitted.
AB174-ASA1,21 5Section 21 . Nonstatutory provisions.
AB174-ASA1,8,106 (1) Crime victim services; onetime funding. Notwithstanding s. 16.42 (1) (e),
7in submitting information under s. 16.42 for the 2023-25 biennial budget bill, the
8department of justice shall submit information concerning the appropriation under
9s. 20.455 (5) (a) as though the increase in the dollar amount of that appropriation by
10Section 22 (10) of this act did not take effect.
AB174-ASA1,8,1411 (2) Community policing and community prosecution grant program. From the
12appropriation under s. 20.455 (2) (cs), the department of justice shall provide grants
13in the 2021-23 fiscal biennium for community policing and community prosecution.
14A grant awarded under this subsection must meet all of the following requirements:
AB174-ASA1,8,1615 (a) The grant must be awarded to a law enforcement agency and the city, town,
16or village that the law enforcement agency serves, as co-recipients.
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