Amendment AA10-SB70

SB70-AA10,133 Section 133. 165.990 of the statutes is created to read:

SB70-AA10,84,6 165.990 Grants for community policing and community prosecution programs. The department of justice shall award grants from the appropriation under s. 20.455 (2) (bc) to cities, villages, and towns; counties, including district attorney offices; and federally recognized American Indian tribes or bands in this state to fund community policing and community prosecution programs.”.

SB70-AA10,84,7 235. Page 374, line 11: after that line insert:

SB70-AA10,84,8 “ Section 9127. Nonstatutory provisions; Justice.

SB70-AA10,84,10 (1v) Position realignment. Adjust funding of $360,300 FED and -$360,300 PR annually to reflect the duties and funding sources of existing positions.

SB70-AA10,84,13 (2v) Program revenue reestimates. Provide $2,803,400 annually to reflect current revenue projections and estimated program needs for the following program revenue appropriations:

SB70-AA10,84,17 (a) -$300,000 annually for the terminal charges annual appropriation. Expenditures are estimated to reflect revenue available for the TIME (transaction information for the management of enforcement) system. Base funding for the appropriation is $2,695,200.

SB70-AA10,84,21 (b) -$7,500 annually for the grants for substance abuse treatment programs for criminal offenders continuing appropriation. Expenditures are estimated to address an estimated $1,491,400 deficit in the appropriation at the end of 2022-23. Base funding for the appropriation is $7,500.

SB70-AA10,84,24 (c) $15,000 annually for the legal services delinquent obligation collection annual appropriation. Expenditures are estimated to reflect estimated expenditures in the 2023-25 biennium. Base funding for the appropriation is $10,000.

SB70-AA10,85,3 (d) $45,900 annually for the crime laboratory equipment and supplies annual appropriation. Expenditures are estimated to reflect an increased transfer from the DNA surcharge. Base funding for the appropriation is $854,100.

SB70-AA10,85,8 (e) $75,000 annually for the law enforcement training fund, local assistance annual appropriation. Estimated expenditures are associated with payments for new recruit, recertification and specialized training to local law enforcement agencies, technical colleges, and jail or secure detention agencies. Base funding for the appropriation is $4,425,000.

SB70-AA10,85,12 (f) $80,000 annually for the legal services environment litigation project continuing appropriation. Expenditures are estimated to reflect an updated memorandum of understanding with the department of natural resources. Base funding for the appropriation is $617,600.

SB70-AA10,85,15 (g) $100,000 annually for the law enforcement services gifts, and grants annual appropriation. Expenditures are estimated to reflect anticipated revenue. Base funding for the appropriation is $0.

SB70-AA10,85,19 (h) $320,000 annually for the handgun purchaser record check; checks for licenses or certifications to carry concealed weapons continuing appropriation. Expenditures are estimated to reflect anticipated revenue. Base funding for the appropriation is $2,948,800.

SB70-AA10,85,23 (i) $350,000 annually for the law enforcement training fund, state operations annual appropriation. Expenditures are estimated to maintain expenditure authority for law enforcement trainings, due to reductions taken in the position realignment item. Base funding for the appropriation is $3,482,400.

SB70-AA10,86,2 (j) $525,000 annually for the administrative services gifts, grants, and proceeds annual appropriation. Expenditures are estimated to support trainings, conferences and other administrative services and supplies that collect proceeds and non-federal grant revenues. Base funding for the appropriation is $0.

SB70-AA10,86,6 (k) $600,000 annually for the legal services interagency and intra-agency assistance continuing appropriation. Expenditures are estimated to reflect an updated memoranda of understanding with other state agencies. Base funding for the appropriation is $2,041,300.

SB70-AA10,86,9 (l) $1,000,000 annually for the legal services restitution continuing appropriation. Expenditures are estimated to reflect anticipated revenues. Base funding for the appropriation is $0.”.

SB70-AA10,86,10 236. Page 374, line 11: after that line insert:

SB70-AA10,86,11 “ Section 9101. Nonstatutory provisions; Administration.

SB70-AA10,86,12 (1) Pay progression caps; assistant attorneys general

SB70-AA10,86,16 (a) Assistant attorneys general. Notwithstanding s. 230.12 (12) (c), during the 2023-24 and 2024-25 fiscal years, a salary adjustment under s. 230.12 (12) (c) for an assistant attorney general may exceed 10 percent of the assistant attorney general's base pay.”.

SB70-AA10,86,17 237. Page 374, line 11: after that line insert:

SB70-AA10,86,18 “ Section 9101. Nonstatutory provisions; Administration.

SB70-AA10,86,20 (1) Pay progression caps; deputy and assistant district attorneys and assistant state public defenders.

SB70-AA10,86,24 (a) Deputy and assistant district attorneys. Notwithstanding s. 230.12 (10) (c), during the 2023-24 and 2024-25 fiscal years, a salary adjustment under s. 230.12 (10) (c) for a deputy or assistant district attorney may exceed 10 percent of the deputy or assistant district attorney's base pay.

SB70-AA10,87,4 (b) Assistant state public defenders. Notwithstanding s. 230.12 (11) (c), during the 2023-24 and 2024-25 fiscal years, a salary adjustment under s. 230.12 (11) (c) for an assistant state public defender may exceed 10 percent of the assistant public defender's base pay.”.

SB70-AA10,87,5 238. Page 374, line 11: after that line insert:

SB70-AA10,87,6 “ Section 9133. Nonstatutory provisions; Public Defender Board.

SB70-AA10,87,11 (1) Programmatic Funding Realignment. Transfer funding annually within the State Public Defender Board GPR program operation appropriation between private bar and investigator reimbursement (-$622,800 GPR) and transcripts, discovery, and interpreter costs ($622,800 GPR) in order to align budgeted funding with programmatic expenditures.”.

SB70-AA10,87,12 239. Page 374, line 11: after that line insert:

SB70-AA10,87,13 “ Section 9108. Nonstatutory provisions; Corrections.

SB70-AA10,87,17 (1) Bureau of technology management contracted positions. The authorized FTE positions for the department of corrections are increased by 3.0 GPR positions to convert 3 Bureau of Technology Management contracted positions to full-time employee positions.”.

SB70-AA10,87,18 240. Page 374, line 11: after that line insert:

SB70-AA10,87,19 “ Section 134. 978.03 (1m) of the statutes is amended to read:

SB70-AA10,88,5 978.03 (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.”.

SB70-AA10,88,6 241. Page 374, line 11: after that line insert:

SB70-AA10,88,8 “ Section 135. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table - See PDF for table - See PDF for table

SB70-AA10,136 Section 136. 20.455 (5) (bf) of the statutes is created to read:

SB70-AA10,88,12 20.455 (5) (bf) Grants to provide services to crime victims. As a continuing appropriation, the amounts in the schedule to provide grants under s. 165.935 for crime victim service programs.

SB70-AA10,137 Section 137. 165.935 of the statutes is created to read:

SB70-AA10,88,16 165.935 Grants for crime victim services. The department of justice shall award grants from the appropriation under s. 20.455 (5) (bf) to organizations that provide services for crime victims.”.

SB70-AA10,88,17 242. Page 374, line 11: after that line insert:

SB70-AA10,88,18 “ Section 138. 301.26 (4) (d) 2. of the statutes is amended to read:

SB70-AA10,89,8 301.26 (4) (d) 2. Beginning on July 1, 2019, and ending on June 30, 2020, the per person daily cost assessment to counties shall be $532 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $532 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3). Beginning on July 1, 2021 2023, and ending on June 30, 2022 2024, the per person daily cost assessment to counties shall be $1,154 is $1,246 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $1,154 $1,246 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3).

SB70-AA10,139 Section 139. 301.26 (4) (d) 3. of the statutes is amended to read:

SB70-AA10,89,21 301.26 (4) (d) 3. Beginning on July 1, 2020, and ending on December 31, 2020, the per person daily cost assessment to counties shall be $550 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $550 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3). Beginning on January 1, 2021, and ending on June 30, 2021, the per person daily cost assessment to counties shall be $615 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $615 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3). Beginning on July 1, 2022 2024, and ending on June 30, 2023 2025, the per person daily cost assessment to counties shall be $1,178 is $1,268 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $1,178 $1,268 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3).”.

SB70-AA10,89,22 243. Page 374, line 11: after that line insert:

SB70-AA10,89,23 “ Section 140. 111.335 (3) (a) of the statutes is renumbered 111.335 (3) (ar).

SB70-AA10,141 Section 141. 111.335 (3) (ah) of the statutes is created to read:

SB70-AA10,90,7 111.335 (3) (ah) 1. Employment discrimination because of conviction record includes, but is not limited to, requesting an applicant, employee, member, licensee, or any other individual, on an application form or otherwise, to supply information regarding a crime the record of which has been expunged under s. 973.015. A request to supply information regarding criminal convictions shall not be construed as a request to supply information regarding a crime the record of which has been expunged under s. 973.015.

SB70-AA10,90,13 2. Notwithstanding par. (ar) 1., and except as provided in par. (g), it is employment discrimination because of conviction record for an employer or licensing agency to engage in any act of employment discrimination specified in s. 111.322 on the basis of a conviction the record of which has been expunged under s. 973.015. This subdivision does not apply to the extent that its application conflicts with federal law.

SB70-AA10,142 Section 142. 111.335 (3) (g) of the statutes is created to read:

SB70-AA10,90,19 111.335 (3) (g) Notwithstanding s. 111.322, it is not employment discrimination because of conviction record for the law enforcement standards board to refuse to certify, recertify, or allow to participate in a preparatory training program or to decertify under s. 165.85 an individual who has a conviction the record of which has been expunged under s. 973.015.

SB70-AA10,143 Section 143. 111.335 (4) (b) of the statutes is amended to read:

SB70-AA10,90,25 111.335 (4) (b) It is employment discrimination because of conviction record for a licensing agency to refuse to license any individual under sub. (3) (a) (ar) 1. or to bar or terminate an individual from licensing under sub. (3) (a) (ar) 1. because the individual was adjudicated delinquent under ch. 938 for an offense other than an exempt offense.

SB70-AA10,144 Section 144. 111.335 (4) (c) 1. (intro.) of the statutes is amended to read:

SB70-AA10,91,4 111.335 (4) (c) 1. (intro.) If a licensing agency refuses to license an individual under sub. (3) (a) (ar) 1. or bars or terminates an individual from licensing under sub. (3) (a) (ar) 1., the licensing agency shall, subject to subd. 2., do all of the following:

SB70-AA10,145 Section 145. 111.335 (4) (e) of the statutes is amended to read:

SB70-AA10,91,10 111.335 (4) (e) A state licensing agency that may refuse to license individuals under sub. (3) (a) (ar) 1. or that may bar or terminate an individual from licensure under sub. (3) (a) (ar) 1. shall publish on the agency's Internet site a document indicating the offenses or kinds of offenses that may result in such a refusal, bar, or termination.

SB70-AA10,146 Section 146. 111.335 (4) (f) 1. of the statutes is amended to read:

SB70-AA10,91,17 111.335 (4) (f) 1. A state licensing agency that may refuse to license individuals under sub. (3) (a) (ar) 1. or that may bar or terminate individuals from licensing under sub. (3) (a) (ar) 1. shall allow an individual who does not possess a license to, without submitting a full application and without paying the fees applicable to applicants, apply to the agency for a determination of whether the individual would be disqualified from obtaining the license due to his or her conviction record.

SB70-AA10,147 Section 147. 950.04 (1v) (g) of the statutes is amended to read:

SB70-AA10,91,21 950.04 (1v) (g) To have reasonable attempts made to notify the victim of hearings or court proceedings, as provided under ss. 302.113 (9g) (g) 2., 302.114 (6), 938.27 (4m) and (6), 938.273 (2), 971.095 (3) and , 972.14 (3) (b), and 973.015 (1m) (c).

SB70-AA10,148 Section 148. 973.015 (1b) of the statutes is created to read:

SB70-AA10,91,23 973.015 (1b) In this section, “record” means a criminal case file.

SB70-AA10,149 Section 149. 973.015 (1m) (a) 1. of the statutes is renumbered 973.015 (1m) (a) 1. (intro.) and amended to read:

SB70-AA10,92,8 973.015 (1m) (a) 1. (intro.) Subject to subd. 2. and except as provided in subd. 3., when a person is under the age of 25 at the time of the commission of an offense for which the person has been found guilty in a court for violation of a law for which the maximum period of imprisonment is 6 years or less, the, a court may order at the time of sentencing after a conviction that the record a criminal case be expunged upon successful completion of the sentence if the court determines the person will benefit and society will not be harmed by this disposition. by one of the following methods:

SB70-AA10,92,11 (d) This subsection does not apply to information maintained by the department of transportation regarding a conviction that is required to be included in a record kept under s. 343.23 (2) (a).

SB70-AA10,150 Section 150. 973.015 (1m) (a) 1. a. and b. of the statutes are created to read:

SB70-AA10,92,17 973.015 (1m) (a) 1. a. Except as provided in subd. 3., the court may order at the time of sentencing that the record be expunged upon successful completion of the sentence if the court determines that the person has not previously had a record expunged under this section and that the person will benefit and society will not be harmed by this disposition.

SB70-AA10,93,14 b. If at least one year has passed since the person successfully completed his or her sentence, the person may file a petition in the county of conviction requesting that the record be expunged. Upon receipt of the petition, the court shall review the petition to determine if the person is ineligible to petition for expungement because subd. 3. or 4. applies, less than one year has passed since the person successfully completed his or her sentence, there are criminal charges pending against the person, the person has previously had a record expunged under this section, or the person has exceeded the maximum number of petitions allowed under this subd. 1. b. If the court determines the person is eligible to petition for expungement, the court shall forward the petition to the district attorney. If the district attorney requests a hearing within 90 days after the court forwards the petition, the court shall schedule a hearing to review the petition. If the district attorney waives the hearing or at least 90 days have passed since the court forwarded the petition, the court may review the petition with or without a hearing. If a hearing is scheduled, then if practicable, the sentencing judge shall be the judge to review the petition. The court may order that the record be expunged if the court determines the person will benefit and society will not be harmed by this disposition. If the court does not order the record be expunged under this subd. 1. b., the person may file a 2nd petition under this subd. 1. b. only if at least 2 years have passed since he or she filed the first petition. No person may file more than 2 petitions per record under this subd. 1. b. For a 2nd petition regarding the same record, the person shall pay to the clerk of circuit court a $100 fee to be retained for the use of the county.

SB70-AA10,151 Section 151. 973.015 (1m) (a) 3. a. of the statutes is amended to read:

SB70-AA10,93,19 973.015 (1m) (a) 3. a. A Class H felony, if the person has, in his or her lifetime, been convicted of a prior felony offense, or if the felony is a violent offense, as defined in s. 301.048 (2) (bm), or is a violation of s. 940.32, 948.03 (2), (3), or (5) (a) 1., 2., 3., or 4., or 948.095.

SB70-AA10,152 Section 152. 973.015 (1m) (a) 3. c., cg., cr. and d. and 4. of the statutes are created to read:

SB70-AA10,93,23 973.015 (1m) (a) 3. c. A crime for which the maximum period of imprisonment is more than 6 years.

SB70-AA10,93,25 cg. A violation of s. 940.32 or 943.14 or, if the court noted in the record that the property damaged was a business, a violation of s. 943.01.

SB70-AA10,94,2 cr. A violation of a temporary restraining order or injunction issued under s. 813.12 (3) or (4).

SB70-AA10,94,3 d. A violation of chs. 341 to 348.

SB70-AA10,94,5 4. The court may order at the time of sentencing that the record is ineligible for expungement.

SB70-AA10,153 Section 153. 973.015 (1m) (b) of the statutes is amended to read:

SB70-AA10,94,22 973.015 (1m) (b) A For purposes of par. (a), a person has successfully completed the sentence if the person has completed all periods of incarceration, parole, or extended supervision to which he or she was sentenced; the person has paid all fines, costs, fees, surcharges, and restitution assessed and has completed any court-ordered community service; the person has not been convicted of a subsequent offense crime; and, if on probation was imposed, the probation has not been revoked and the probationer has satisfied the conditions of probation. Upon successful completion of the a sentence involving incarceration or probation, the detaining or probationary authority shall issue and forward to the court of record a certificate of discharge which shall be forwarded to the court of record and which shall have the effect of expunging the record that indicates whether the person successfully completed his or her sentence. If the court has ordered the record expunged under par. (a) 1. a. or 2. and the person has successfully completed the sentence, the person's record shall be expunged as ordered. If the person has been imprisoned incarcerated, the detaining authority shall also forward a copy of the certificate of discharge to the department.

SB70-AA10,154 Section 154. 973.015 (1m) (c) of the statutes is created to read:

SB70-AA10,95,12 973.015 (1m) (c) Upon receipt of a petition under par. (a) 1. b., the district attorney shall make a reasonable attempt to notify the victim, as defined in s. 950.02 (4), of the petition. In the notice, the district attorney shall inform the victim that he or she may waive the hearing requirement and that, if waived, the court may review the petition without a hearing. The district attorney shall inform the victim of the manner in which he or she may provide written statements concerning the petition and, if the victim does not waive the hearing requirement, that he or she may appear at the hearing. If the victim waives the hearing requirement, the district attorney may inform the court that there is no objection to waiving the hearing requirement. Notwithstanding the confidentiality of victim address information obtained under s. 302.113 (9g) (g) 3., a district attorney who is required to make a reasonable attempt to notify a victim under this paragraph may obtain from the clerk of the circuit court the victim address information that the victim provided to the clerk under s. 302.113 (9g) (g) 3.

SB70-AA10,155 Section 155. 973.015 (4) of the statutes is created to read:

SB70-AA10,95,17 973.015 (4) A record of a crime expunged under this section is not considered a conviction for employment purposes or for purposes of the issuance of a license, as defined in s. 111.32 (10), by a licensing agency, as defined in s. 111.32 (11). This subsection does not apply to the extent that its application conflicts with federal law.

SB70-AA10,156 Section 156. 973.25 (1) (a) of the statutes is amended to read:

SB70-AA10,95,22 973.25 (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).

SB70-AA10,9351 Section 9351. Initial applicability; Other.