Amendment SSA1-AB68

AB68-SSA1,1083,4 157.06 (11) (hm) Unless otherwise required by federal law, a hospital, physician, procurement organization, or other person may not determine the ultimate recipient of an anatomical gift based solely upon a positive test for the use of marijuana by a potential recipient.

AB68-SSA1,2337 Section 2337 . 157.06 (11) (i) of the statutes is amended to read:

AB68-SSA1,1083,7 157.06 (11) (i) Except as provided under par. pars. (a) 2. and (hm), nothing in this section affects the allocation of organs for transplantation or therapy.

AB68-SSA1,2338 Section 2338. 157.065 (2) (a) 4. c. of the statutes is amended to read:

AB68-SSA1,1083,10 157.065 (2) (a) 4. c. A Type 1 juvenile correctional facility, as defined in s. 938.02 (19) (10p);

AB68-SSA1,2339 Section 2339 . 160.07 (4) (f) of the statutes is created to read:

AB68-SSA1,1083,15 160.07 (4) (f) In recommending an enforcement standard for a perfluoroalkyl or polyfluoroalkyl substance, the department of health services may recommend individual standards for each substance, a standard for these substances as a class, or standards for groups of these substances.

AB68-SSA1,2340 Section 2340. 160.07 (7) of the statutes is created to read:

AB68-SSA1,1083,23 160.07 (7) If the department of health services recommends an enforcement standard for a perfluoroalkyl or polyfluoroalkyl substance or a group or class of such substances under this section, the department shall apply the standard as an interim enforcement standard for that substance, including through sampling, monitoring, and testing, and any other actions required by rules promulgated by the department, unless emergency or permanent rules that establish an enforcement standard for that substance are in effect.

AB68-SSA1,2341 Section 2341 . 160.15 (4) of the statutes is created to read:

AB68-SSA1,1084,6 160.15 (4) Notwithstanding sub. (1), if an interim enforcement standard for a perfluoroalkyl or polyfluoroalkyl substance is applied under s. 160.07 (7), the department shall apply an interim preventive action limit for that substance of 20 percent of the concentration established as the interim enforcement standard, unless emergency or permanent rules that establish a preventive action limit for that substance are in effect.

AB68-SSA1,2342 Section 2342 . 165.08 (1) of the statutes is amended to read:

AB68-SSA1,1084,20 165.08 (1) Any civil action prosecuted by the department by direction of any officer, department, board, or commission, or any shall be compromised or discontinued when so directed by such officer, department, board, or commission. Any civil action prosecuted by the department on the initiative of the attorney general, or at the request of any individual may be compromised or discontinued with the approval of an intervenor under s. 803.09 (2m) or, if there is no intervenor, by submission of a proposed plan to the joint committee on finance for the approval of the committee. The compromise or discontinuance may occur only if the joint committee on finance approves the proposed plan. No proposed plan may be submitted to the joint committee on finance if 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 the governor.

AB68-SSA1,2343 Section 2343 . 165.10 of the statutes is amended to read:

AB68-SSA1,1085,9 165.10 Deposit Limits on expenditure of discretionary settlement funds. The Notwithstanding s. 20.455 (3), before the attorney general shall deposit all may expend settlement funds into the general fund under s. 20.455 (3) (g) that are not committed under the terms of the settlement, the attorney general shall submit to the joint committee on finance a proposed plan for the expenditure of the funds. If the cochairpersons of the committee do not notify the attorney general within 14 working days after the submittal that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the attorney general may expend the funds to implement the proposed plan. If, within 14 working days after the submittal, 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 expend the funds only to implement the plan as approved by the committee.

AB68-SSA1,2344 Section 2344 . 165.25 (1) of the statutes is amended to read:

AB68-SSA1,1085,19 165.25 (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.

AB68-SSA1,2345 Section 2345 . 165.25 (1m) of the statutes is amended to read:

AB68-SSA1,1086,5 165.25 (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).

AB68-SSA1,2346 Section 2346. 165.25 (4) (ar) of the statutes is amended to read:

AB68-SSA1,1086,13 165.25 (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.

AB68-SSA1,2347 Section 2347 . 165.25 (6) (a) 1. of the statutes is amended to read:

AB68-SSA1,1087,11 165.25 (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.

AB68-SSA1,2348 Section 2348 . 165.25 (11m) of the statutes is created to read:

AB68-SSA1,1087,15 165.25 (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.

AB68-SSA1,2349 Section 2349. 165.27 of the statutes is created to read:

AB68-SSA1,1087,18 165.27 Sentencing review council. The sentencing review council shall do all of the following:

AB68-SSA1,1087,20 (1) Study criminal penalties and make recommendations for reforming the criminal code.

AB68-SSA1,1087,22 (2) Study whether sentences for similar offenses and circumstances are consistent and make recommendations to ensure that sentences are equitable.

AB68-SSA1,1087,24 (3) Study and make recommendations regarding the state's bifurcated sentencing structure.

AB68-SSA1,1088,2 (4) Review and make recommendations regarding sentences for violations committed by individuals age 18 to 25.

AB68-SSA1,2350 Section 2350 . 165.63 (3) of the statutes is amended to read:

AB68-SSA1,1088,7 165.63 (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).

AB68-SSA1,2351 Section 2351 . 165.63 (4) (d) of the statutes is amended to read:

AB68-SSA1,1088,11 165.63 (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.

AB68-SSA1,2352 Section 2352. 165.77 (7) of the statutes is repealed.

AB68-SSA1,2353 Section 2353 . 165.775 of the statutes is created to read:

AB68-SSA1,1088,14 165.775 Sexual assault kits. (1) In this section:

AB68-SSA1,1088,15 (a) “Department” means the department of justice.

AB68-SSA1,1088,16 (b) “Health care professional" has the meaning given in s. 154.01 (3).

AB68-SSA1,1088,17 (c) “Sex offense” has the meaning given in s. 949.20 (7).

AB68-SSA1,1088,19 (d) “Sexual assault forensic examination” means an examination performed by a health care professional to gather evidence regarding a sex offense.

AB68-SSA1,1088,21 (e) “Sexual assault kit” means the evidence collected from a sexual assault forensic examination.

AB68-SSA1,1088,23 (f) “Wisconsin law enforcement agency" has the meaning given in s. 165.77 (1) (c).

AB68-SSA1,1089,3 (2) Whenever a health care professional conducts a sexual assault forensic examination and collects a sexual assault kit, the health care professional shall do one of the following:

AB68-SSA1,1089,6 (a) If the victim chooses to report the sexual assault to a Wisconsin law enforcement agency, or if reporting is required under s. 48.981 (2), notify a Wisconsin law enforcement agency within 24 hours after collecting the sexual assault kit.

AB68-SSA1,1089,11 (b) If the victim chooses not to report the sexual assault to a Wisconsin law enforcement agency, and reporting is not required under s. 48.981 (2), send the sexual assault kit to the state crime laboratories for storage in accordance with the procedures specified in the rules promulgated under sub. (6) within 72 hours after collecting the sexual assault kit.

AB68-SSA1,1089,13 (3) If a Wisconsin law enforcement agency receives notification under sub. (2) (a), it shall do all of the following:

AB68-SSA1,1089,15 (a) Take possession of the sexual assault kit from the health care professional within 72 hours after receiving the notification.

AB68-SSA1,1089,19 (b) Except as provided in par. (c), send the sexual assault kit to the state crime laboratories for processing in accordance with the procedures specified in the rules promulgated under sub. (6) within 14 days after taking possession of the sexual assault kit.

AB68-SSA1,1090,2 (c) If the Wisconsin law enforcement agency, after taking possession of the sexual assault kit under par. (a) but before sending the sexual assault kit under par. (b), receives notification from the victim that the victim does not want to proceed with the analysis of his or her sexual assault kit, send the sexual assault kit to the state crime laboratories for storage in accordance with the procedures specified in the rules promulgated under sub. (6) within 14 days after taking possession of the sexual assault kit.

AB68-SSA1,1090,4 (4) If the state crime laboratories takes possession of a sexual assault kit, it shall do all of the following:

AB68-SSA1,1090,9 (a) If the victim chooses not to report the sexual assault to a Wisconsin law enforcement agency and thus has not consented to the analysis of his or her sexual assault kit, securely store the sexual assault kit for a period of 10 years, during which time the sexual assault victim may choose to report the assault to a Wisconsin law enforcement agency.

AB68-SSA1,1090,13 (b) If the victim chooses to report the sexual assault to a Wisconsin law enforcement agency and thus has consented to the analysis of his or her sexual assault kit, process the kit in accordance with the procedures specified in the rules promulgated under sub. (6).

AB68-SSA1,1090,19 (5) If a law enforcement agency takes possession of a sexual assault kit after it has been processed by the state crime laboratories, notwithstanding s. 968.205, it shall securely store the sexual assault kit for a period of 50 years, or until the date of the expiration of the statute of limitations, or until the end of the term of imprisonment or probation of a person who was convicted in the sexual assault case, whichever is longer.

AB68-SSA1,1090,20 (6) The department shall promulgate rules to administer this section.

AB68-SSA1,2354 Section 2354 . 165.83 (1) (c) 1. of the statutes is amended to read:

AB68-SSA1,1090,23 165.83 (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.

AB68-SSA1,2355 Section 2355 . 165.83 (1) (c) 2. of the statutes is amended to read:

AB68-SSA1,1091,3 165.83 (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.

AB68-SSA1,2356 Section 2356 . 165.842 of the statutes is created to read:

AB68-SSA1,1091,6 165.842 Motor vehicle stops; collection and analysis of information; annual report. (1) Definitions. In this section:

AB68-SSA1,1091,7 (a) “Department" means the department of justice.

AB68-SSA1,1091,8 (b) “Law enforcement agency" has the meaning given in s. 165.85 (2) (bv).

AB68-SSA1,1091,9 (c) “Law enforcement officer" has the meaning given in s. 165.85 (2) (c).

AB68-SSA1,1091,14 (d) “Motor vehicle stop" means the stop or detention of a motor vehicle that is traveling in any public or private place, or the detention of an occupied motor vehicle that is already stopped in any public or private place, for the purpose of investigating any alleged or suspected violation of a state or federal law or city, village, town, or county ordinance.

AB68-SSA1,1091,19 (2) Information collection required. All persons in charge of law enforcement and tribal law enforcement agencies shall obtain, or cause to be obtained, all of the following information with respect to each motor vehicle stop made on or after January 1, 2022, by a law enforcement officer employed by the law enforcement agency:

AB68-SSA1,1091,21 (a) The name, address, gender, and race of the operator of the motor vehicle. The officer shall subjectively select the operator's race from the following list:

AB68-SSA1,1091,22 1. Caucasian.

AB68-SSA1,1091,23 2. Black or African American.

AB68-SSA1,1091,24 3. Hispanic.

AB68-SSA1,1091,25 4. American Indian or Alaska Native.

AB68-SSA1,1092,1 5. Asian or Pacific Islander.

AB68-SSA1,1092,2 (b) The reason the officer stopped or detained the motor vehicle.

AB68-SSA1,1092,3 (c) The make and year of the motor vehicle.

AB68-SSA1,1092,4 (d) The date, time, and location of the motor vehicle stop.

AB68-SSA1,1092,7 (e) Whether or not a law enforcement officer conducted a search of the motor vehicle, the operator, or any passenger and, if so, whether the search was with consent or by other means.

AB68-SSA1,1092,9 (f) The name, address, gender, and race of any person searched, with the officer subjectively selecting the person's race from the list under par. (a).

AB68-SSA1,1092,10 (g) The name and badge number of the officer making the motor vehicle stop.

AB68-SSA1,1092,15 (3) Submission of information collected. All persons in charge of law enforcement agencies shall forward the information obtained under sub. (2) to the department using the format prescribed by the rules promulgated under sub. (5) and in accordance with the reporting schedule established under the rules promulgated under sub. (5).

AB68-SSA1,1092,19 (4) Analysis and report by department. (a) The department shall compile the information submitted to it by law enforcement agencies under sub. (3) and shall analyze the information, along with any other relevant information, to determine, both for the state as a whole and for each law enforcement agency, all of the following:

AB68-SSA1,1093,2 1. Whether the number of motor vehicle stops and searches involving motor vehicles operated or occupied by members of a racial minority compared to the number of motor vehicle stops and searches involving motor vehicles operated or occupied solely by persons who are not members of a racial minority is disproportionate based on an estimate of the population and characteristics of all persons traveling on state highways, on an estimate of the populations and characteristics of persons traveling on state highways who are violating a law or ordinance, or on some other relevant population estimate.

AB68-SSA1,1093,5 2. A determination as to whether any disproportion found under subd. 1. is the result of racial profiling, racial stereotyping, or other race-based discrimination or selective enforcement.

AB68-SSA1,1093,12 (b) For each year, the department shall prepare an annual report that summarizes the information submitted to it by law enforcement agencies concerning motor vehicle stops made during the year and that describes the methods and conclusions of its analysis of the information. On or before March 31, 2023, and on or before each March 31 thereafter, the department shall submit the annual report required under this paragraph to the legislature under s. 13.172 (2), to the governor, and to the director of state courts.

AB68-SSA1,1093,19 (5) Rules. The department shall promulgate rules to implement the requirements of this section. The department shall furnish all reporting officials with forms or instructions or both that specify the format in which to submit the information required under sub. (2) and the time for forwarding the information to the department. The department may, by rule, require the collection of information in addition to that specified in sub. (2) (a) to (g) if the department determines that the information will help to make the determinations required under sub. (4) (a).

AB68-SSA1,1093,21 (6) Access to records. Information collected under sub. (2) is not subject to inspection or copying under s. 19.35 (1).

AB68-SSA1,2357 Section 2357. 165.845 (title) of the statutes is amended to read:

AB68-SSA1,1093,24 165.845 (title) Collect Collection and reporting of crime and criminal justice data.

AB68-SSA1,2358 Section 2358. 165.845 (1) (intro.) and (c) of the statutes are renumbered 165.845 (1r) (intro.) and (c).