This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB50-ASA2-AA15,34,1917(3) Requirements when transferring firearm. The creation of s. 175.37
18(1) (c) first applies to sales and transfers that occur on the effective date of this
19subsection..
AB50-ASA2-AA15,34,202018. At the appropriate places, insert all of the following:
AB50-ASA2-AA15,34,2121Section 63. 111.335 (3) (a) of the statutes is renumbered 111.335 (3) (ar).
AB50-ASA2-AA15,6422Section 64. 111.335 (3) (ah) of the statutes is created to read:
AB50-ASA2-AA15,35,623111.335 (3) (ah) 1. Employment discrimination because of conviction record

1includes, but is not limited to, requesting an applicant, employee, member, licensee,
2or any other individual, on an application form or otherwise, to supply information
3regarding a crime the record of which has been expunged under s. 973.015. A
4request to supply information regarding criminal convictions shall not be construed
5as a request to supply information regarding a crime the record of which has been
6expunged under s. 973.015.
AB50-ASA2-AA15,35,1272. Notwithstanding par. (ar) 1., and except as provided in par. (g), it is
8employment discrimination because of conviction record for an employer or
9licensing agency to engage in any act of employment discrimination specified in s.
10111.322 on the basis of a conviction the record of which has been expunged under s.
11973.015. This subdivision does not apply to the extent that its application conflicts
12with federal law.
AB50-ASA2-AA15,6513Section 65. 111.335 (3) (g) of the statutes is created to read:
AB50-ASA2-AA15,35,1814111.335 (3) (g) Notwithstanding s. 111.322, it is not employment
15discrimination because of conviction record for the law enforcement standards
16board to refuse to certify, recertify, or allow to participate in a preparatory training
17program or to decertify under s. 165.85 an individual who has a conviction the
18record of which has been expunged under s. 973.015.
AB50-ASA2-AA15,6619Section 66. 111.335 (4) (b) of the statutes is amended to read:
AB50-ASA2-AA15,36,220111.335 (4) (b) It is employment discrimination because of conviction record
21for a licensing agency to refuse to license any individual under sub. (3) (a) (ar) 1. or
22to bar or terminate an individual from licensing under sub. (3) (a) (ar) 1. because

1the individual was adjudicated delinquent under ch. 938 for an offense other than
2an exempt offense.
AB50-ASA2-AA15,673Section 67. 111.335 (4) (c) 1. (intro.) of the statutes is amended to read:
AB50-ASA2-AA15,36,74111.335 (4) (c) 1. (intro.) If a licensing agency refuses to license an individual
5under sub. (3) (a) (ar) 1. or bars or terminates an individual from licensing under
6sub. (3) (a) (ar) 1., the licensing agency shall, subject to subd. 2., do all of the
7following:
AB50-ASA2-AA15,688Section 68. 111.335 (4) (e) of the statutes is amended to read:
AB50-ASA2-AA15,36,139111.335 (4) (e) A state licensing agency that may refuse to license individuals
10under sub. (3) (a) (ar) 1. or that may bar or terminate an individual from licensure
11under sub. (3) (a) (ar) 1. shall publish on the agencys Internet site a document
12indicating the offenses or kinds of offenses that may result in such a refusal, bar, or
13termination.
AB50-ASA2-AA15,6914Section 69. 111.335 (4) (f) 1. of the statutes is amended to read:
AB50-ASA2-AA15,36,2115111.335 (4) (f) 1. A state licensing agency that may refuse to license
16individuals under sub. (3) (a) (ar) 1. or that may bar or terminate individuals from
17licensing under sub. (3) (a) (ar) 1. shall allow an individual who does not possess a
18license to, without submitting a full application and without paying the fees
19applicable to applicants, apply to the agency for a determination of whether the
20individual would be disqualified from obtaining the license due to his or her
21conviction record.
AB50-ASA2-AA15,7022Section 70. 950.04 (1v) (g) of the statutes is amended to read:
AB50-ASA2-AA15,37,323950.04 (1v) (g) To have reasonable attempts made to notify the victim of

1hearings or court proceedings, as provided under ss. 302.113 (9g) (g) 2., 302.114 (6),
2938.27 (4m) and (6), 938.273 (2), 971.095 (3) and, 972.14 (3) (b), and 973.015 (1m)
3(c).
AB50-ASA2-AA15,714Section 71. 973.015 (1b) of the statutes is created to read:
AB50-ASA2-AA15,37,55973.015 (1b) In this section, record means a criminal case file.
AB50-ASA2-AA15,726Section 72. 973.015 (1m) (a) 1. of the statutes is renumbered 973.015 (1m)
7(a) 1. (intro.) and amended to read:
AB50-ASA2-AA15,37,158973.015 (1m) (a) 1. (intro.) Subject to subd. 2. and except as provided in subd.
93., when a person is under the age of 25 at the time of the commission of an offense
10for which the person has been found guilty in a court for violation of a law for which
11the maximum period of imprisonment is 6 years or less, the, a court may order at
12the time of sentencing after a conviction that the record a criminal case be
13expunged upon successful completion of the sentence if the court determines the
14person will benefit and society will not be harmed by this disposition. by one of the
15following methods:
AB50-ASA2-AA15,37,1816(d) This subsection does not apply to information maintained by the
17department of transportation regarding a conviction that is required to be included
18in a record kept under s. 343.23 (2) (a).
AB50-ASA2-AA15,7319Section 73. 973.015 (1m) (a) 1. a. and b. of the statutes are created to read:
AB50-ASA2-AA15,38,220973.015 (1m) (a) 1. a. Except as provided in subd. 3., the court may order at
21the time of sentencing that the record be expunged upon successful completion of
22the sentence if the court determines that the person has not previously had a record

1expunged under this section and that the person will benefit and society will not be
2harmed by this disposition.
AB50-ASA2-AA15,39,23b. If at least one year has passed since the person successfully completed his
4or her sentence, the person may file a petition in the county of conviction requesting
5that the record be expunged. Upon receipt of the petition, the court shall review the
6petition to determine if the person is ineligible to petition for expungement because
7subd. 3. or 4. applies, less than one year has passed since the person successfully
8completed his or her sentence, there are criminal charges pending against the
9person, the person has previously had a record expunged under this section, or the
10person has exceeded the maximum number of petitions allowed under this subd. 1.
11b. If the court determines the person is eligible to petition for expungement, the
12court shall forward the petition to the district attorney. If the district attorney
13requests a hearing within 90 days after the court forwards the petition, the court
14shall schedule a hearing to review the petition. If the district attorney waives the
15hearing or at least 90 days have passed since the court forwarded the petition, the
16court may review the petition with or without a hearing. If a hearing is scheduled,
17then if practicable, the sentencing judge shall be the judge to review the petition.
18The court may order that the record be expunged if the court determines the person
19will benefit and society will not be harmed by this disposition. If the court does not
20order the record to be expunged under this subd. 1. b., the person may file a 2nd
21petition under this subd. 1. b. only if at least 2 years have passed since he or she
22filed the first petition. No person may file more than 2 petitions per record under

1this subd. 1. b. For a 2nd petition regarding the same record, the person shall pay to
2the clerk of circuit court a $100 fee to be retained for the use of the county.
AB50-ASA2-AA15,743Section 74. 973.015 (1m) (a) 3. a. of the statutes is amended to read:
AB50-ASA2-AA15,39,74973.015 (1m) (a) 3. a. A Class H felony, if the person has, in his or her lifetime,
5been convicted of a prior felony offense, or if the felony is a violent offense, as
6defined in s. 301.048 (2) (bm), or is a violation of s. 940.32, 948.03 (2), (3), or (5) (a)
71., 2., 3., or 4., or 948.095.
AB50-ASA2-AA15,758Section 75. 973.015 (1m) (a) 3. c., cg., cr. and d. and 4. of the statutes are
9created to read:
AB50-ASA2-AA15,39,1110973.015 (1m) (a) 3. c. A crime for which the maximum period of imprisonment
11is more than 6 years.
AB50-ASA2-AA15,39,1312cg. A violation of s. 940.32 or 943.14 or, if the court noted in the record that the
13property damaged was a business, a violation of s. 943.01.
AB50-ASA2-AA15,39,1514cr. A violation of a temporary restraining order or injunction issued under s.
15813.12 (3) or (4).
AB50-ASA2-AA15,39,1616d. A violation of chs. 341 to 348.
AB50-ASA2-AA15,39,18174. The court may order at the time of sentencing that the record is ineligible
18for expungement.
AB50-ASA2-AA15,7619Section 76. 973.015 (1m) (b) of the statutes is amended to read:
AB50-ASA2-AA15,40,1220973.015 (1m) (b) A For purposes of par. (a), a person has successfully
21completed the sentence if the person has completed all periods of incarceration,
22parole, or extended supervision to which he or she was sentenced; the person has
23paid all fines, costs, fees, surcharges, and restitution assessed and has completed

1any court-ordered community service; the person has not been convicted of a
2subsequent offense crime; and, if on probation was imposed, the probation has not
3been revoked and the probationer has satisfied the conditions of probation. Upon
4successful completion of the a sentence involving incarceration or probation, the
5detaining or probationary authority shall issue and forward to the court of record a
6certificate of discharge which shall be forwarded to the court of record and which
7shall have the effect of expunging the record that indicates whether the person
8successfully completed his or her sentence. If the court has ordered the record
9expunged under par. (a) 1. a. or 2. and the person has successfully completed the
10sentence, the persons record shall be expunged as ordered. If the person has been
11imprisoned incarcerated, the detaining authority shall also forward a copy of the
12certificate of discharge to the department.
AB50-ASA2-AA15,7713Section 77. 973.015 (1m) (c) of the statutes is created to read:
AB50-ASA2-AA15,41,414973.015 (1m) (c) Upon receipt of a petition under par. (a) 1. b., the district
15attorney shall make a reasonable attempt to notify the victim, as defined in s.
16950.02 (4), of the petition. In the notice, the district attorney shall inform the victim
17that he or she may waive the hearing requirement and that, if waived, the court
18may review the petition without a hearing. The district attorney shall inform the
19victim of the manner in which he or she may provide written statements concerning
20the petition and, if the victim does not waive the hearing requirement, that he or
21she may appear at the hearing. If the victim waives the hearing requirement, the
22district attorney may inform the court that there is no objection to waiving the
23hearing requirement. Notwithstanding the confidentiality of victim address

1information obtained under s. 302.113 (9g) (g) 3., a district attorney who is required
2to make a reasonable attempt to notify a victim under this paragraph may obtain
3from the clerk of the circuit court the victim address information that the victim
4provided to the clerk under s. 302.113 (9g) (g) 3.
AB50-ASA2-AA15,785Section 78. 973.015 (4) of the statutes is created to read:
AB50-ASA2-AA15,41,106973.015 (4) A record of a crime expunged under this section is not considered
7a conviction for employment purposes or for purposes of the issuance of a license, as
8defined in s. 111.32 (10), by a licensing agency, as defined in s. 111.32 (11). This
9subsection does not apply to the extent that its application conflicts with federal
10law.
AB50-ASA2-AA15,7911Section 79. 973.25 (1) (a) of the statutes is amended to read:
AB50-ASA2-AA15,41,1512973.25 (1) (a) Certificate of qualification for employment means a
13certificate issued by the council on offender employment that provides an offender
14with relief from a collateral sanction, except that it does not provide relief from s.
1548.685 (5m), 50.065 (4m), or 111.335 (3) (a) (ar), (b), (c), or (e) or (4) (h) or (i).
AB50-ASA2-AA15,935116Section 9351. Initial applicability; Other.
AB50-ASA2-AA15,41,2117(1) Expungement. The treatment of s. 973.015 (1m) (a) 3. a., c., cg., cr., and d.
18and 4., (b), and (c), the renumbering and amendment of s. 973.015 (1m) (a) 1., and
19the creation of s. 973.015 (1m) (a) 1. a. and b. first apply to any conviction for which
20sentencing has occurred but for which the record has not been ordered expunged on
21the effective date of this subsection.
AB50-ASA2-AA15,945122Section 9451. Effective dates; Other.
AB50-ASA2-AA15,42,523(1) Expungement. The treatment of ss. 111.335 (3) (a), (ah), and (g) and (4)

1(b), (c) 1. (intro.), (e), and (f) 1., 950.04 (1v) (g), 973.015 (1b), (1m) (a) 3. a., c., cg., cr.,
2and d. and 4., (b), and (c), and (4), and 973.25 (1) (a), the renumbering and
3amendment of s. 973.015 (1m) (a) 1., the creation of s. 973.015 (1m) (a) 1. a. and b.,
4and Section 9351 (1) of this act take effect on the first day of the 13th month
5beginning after publication..
AB50-ASA2-AA15,42,6619. At the appropriate places, insert all of the following:
AB50-ASA2-AA15,42,77Section 80. 16.311 of the statutes is created to read:
AB50-ASA2-AA15,42,19816.311 Supplement for crime victim services grants. (1) From the
9appropriation under s. 20.505 (1) (e), the secretary may supplement s. 20.455 (5)
10(km) if the secretary determines that the moneys received from the federal
11government for crime victim assistance under 34 USC 20103, together with the
12moneys received in each fiscal year from the crime victim services surcharge under
13s. 973.0452, are insufficient to provide grants to crime victim services
14organizations under s. 165.935. If the secretary determines under this subsection
15that moneys received are insufficient, the secretary shall determine the amount of
16the supplement, but the secretary may not determine an amount that is larger than
17the difference between $44,500,000 and the sum of the moneys received in each
18fiscal year under 34 USC 20103 plus the moneys received in each fiscal year under
19s. 973.0452.
AB50-ASA2-AA15,42,2120(2) In determining under sub. (1) whether the moneys received are
21insufficient, the secretary may consider any factor, including:
AB50-ASA2-AA15,42,2222(a) The needs of rural and urban communities.
AB50-ASA2-AA15,42,2423(b) The amount of funding that a crime victim services organization receives
24as a percentage of its operating budget from the state or federal government.
AB50-ASA2-AA15,43,2
1(c) The degree to which the services of a crime victim services organization
2are coordinated with other resources in the community and state.
AB50-ASA2-AA15,43,53(d) The degree to which the services of a crime victim services organization
4are provided either directly or through a contract, subcontract, service agreement,
5or collaborative agreement with other organizations, entities, or individuals.
AB50-ASA2-AA15,816Section 81. 20.455 (5) (gL) of the statutes is created to read:
AB50-ASA2-AA15,43,9720.455 (5) (gL) Grants for crime victim services. All moneys received from the
8crime victim services surcharge imposed under s. 973.0452 for the purpose of
9awarding grants under s. 165.935.
AB50-ASA2-AA15,8210Section 82. 20.455 (5) (km) of the statutes is created to read:
AB50-ASA2-AA15,43,131120.455 (5) (km) Grants for crime victim services supplement — state funds. All
12moneys transferred from the appropriation account under s. 20.505 (1) (e) for the
13purposes of awarding grants under s. 165.935.
AB50-ASA2-AA15,8314Section 83. 20.505 (1) (e) of the statutes is created to read:
AB50-ASA2-AA15,43,181520.505 (1) (e) Supplement to crime victim services grant program. A sum
16sufficient not to exceed in each fiscal year the amount determined under s. 16.311
17(1) to supplement the crime victim services grant program under s. 165.935 as
18provided in s. 16.311.
AB50-ASA2-AA15,8419Section 84. 165.935 of the statutes is created to read:
AB50-ASA2-AA15,43,2320165.935 Crime victim services grants. (1) The department of justice
21shall award grants to eligible organizations from the appropriations under s. 20.455
22(5) (gL) and (km) to provide services for crime victims. The department of justice
23shall award grants under this section in a manner consistent with 34 USC 20103.
AB50-ASA2-AA15,44,224(2) An organization is eligible for a grant under this section if the department

1of justice determines that the organization meets the criteria under 34 USC 20103
2(b).
AB50-ASA2-AA15,44,43(3) The grant awards under this section may supplement federal funds under
434 USC 20103 but may not replace the funds.
AB50-ASA2-AA15,855Section 85. 814.75 (5g) of the statutes is created to read:
AB50-ASA2-AA15,44,66814.75 (5g) The crime victim services surcharge under s. 973.0452.
AB50-ASA2-AA15,867Section 86. 814.76 (4p) of the statutes is created to read:
AB50-ASA2-AA15,44,88814.76 (4p) The crime victim services surcharge under s. 973.0452.
AB50-ASA2-AA15,879Section 87. 814.77 (3p) of the statutes is created to read:
AB50-ASA2-AA15,44,1010814.77 (3p) The crime victim services surcharge under s. 973.0452.
AB50-ASA2-AA15,8811Section 88. 814.78 (4p) of the statutes is created to read:
AB50-ASA2-AA15,44,1212814.78 (4p) The crime victim services surcharge under s. 973.0452.
AB50-ASA2-AA15,8913Section 89. 814.79 (3p) of the statutes is created to read:
AB50-ASA2-AA15,44,1414814.79 (3p) The crime victim services surcharge under s. 973.0452.
AB50-ASA2-AA15,9015Section 90. 814.80 (4p) of the statutes is created to read:
AB50-ASA2-AA15,44,1616814.80 (4p) The crime victim services surcharge under s. 973.0452.
AB50-ASA2-AA15,9117Section 91. 814.81 (4) of the statutes is created to read:
AB50-ASA2-AA15,44,1818814.81 (4) The crime victim services surcharge under s. 973.0452.
AB50-ASA2-AA15,9219Section 92. 973.0452 of the statutes is created to read:
AB50-ASA2-AA15,45,220973.0452 Crime victim services surcharge. (1) If a court imposes a
21sentence, places a person on probation, or imposes a forfeiture for a violation of a
22law or an ordinance, the court shall impose a crime victim services surcharge. A
23surcharge imposed under this subsection may not be waived, reduced, or forgiven

1for any reason. The amount of the surcharge is the combined amount of the
2following:
AB50-ASA2-AA15,45,43(a) Forty percent of the fine or forfeiture imposed or $40, whichever is greater,
4for each offense.
AB50-ASA2-AA15,45,55(b) For each misdemeanor or felony count for which a conviction occurred, $50.
AB50-ASA2-AA15,45,76(2) (a) In this subsection, civil offense means an offense punishable by a
7forfeiture.
AB50-ASA2-AA15,45,118(b) If the court finds a person committed a civil offense on or after the effective
9date of this paragraph .... [LRB inserts date], in addition to any forfeiture the court
10imposes, the court shall impose a crime victim services surcharge that is equal to
11the amounts under sub. (1) (a) and (b) if all of the following apply:
AB50-ASA2-AA15,45,13121. The person is charged with one or more misdemeanors or felonies in a
13complaint.
AB50-ASA2-AA15,45,15142. As a result of the complaint being amended, the person is charged with a
15civil offense in lieu of one of those misdemeanors or felonies.
AB50-ASA2-AA15,45,1816(3) Notwithstanding sub. (1), the court may not impose the surcharge under
17sub. (1) for a violation of state laws or municipal or county ordinances involving
18nonmoving traffic violations.
AB50-ASA2-AA15,45,2319(4) (a) If a court of record imposes the surcharge under sub. (1), the clerk of
20the court shall determine the amount that is due and collect and transmit the
21amount to the county treasurer as provided in s. 59.40 (2) (m). The county
22treasurer shall make payment to the secretary of administration as provided in s.
2359.25 (3) (f) 2.
AB50-ASA2-AA15,46,324(b) If a municipal court imposes the surcharge under sub. (1), the court shall

1determine the amount due and collect and transmit the amount to the treasurer of
2the county, city, town, or village, and the treasurer shall make payment to the
3secretary of administration as provided in s. 66.0114 (1) (bm).
Loading...
Loading...