Amendment AA15-ASA2-AB50

AB50-ASA2-AA15,34,19 (3) Requirements when transferring firearm. The creation of s. 175.37 (1) (c) first applies to sales and transfers that occur on the effective date of this subsection.”.

AB50-ASA2-AA15,34,20 18. At the appropriate places, insert all of the following:

AB50-ASA2-AA15,34,21 “Section 63. 111.335 (3) (a) of the statutes is renumbered 111.335 (3) (ar).

AB50-ASA2-AA15,64 Section 64. 111.335 (3) (ah) of the statutes is created to read:

AB50-ASA2-AA15,35,6 111.335 (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.

AB50-ASA2-AA15,35,12 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.

AB50-ASA2-AA15,65 Section 65. 111.335 (3) (g) of the statutes is created to read:

AB50-ASA2-AA15,35,18 111.335 (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.

AB50-ASA2-AA15,66 Section 66. 111.335 (4) (b) of the statutes is amended to read:

AB50-ASA2-AA15,36,2 111.335 (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.

AB50-ASA2-AA15,67 Section 67. 111.335 (4) (c) 1. (intro.) of the statutes is amended to read:

AB50-ASA2-AA15,36,7 111.335 (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:

AB50-ASA2-AA15,68 Section 68. 111.335 (4) (e) of the statutes is amended to read:

AB50-ASA2-AA15,36,13 111.335 (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.

AB50-ASA2-AA15,69 Section 69. 111.335 (4) (f) 1. of the statutes is amended to read:

AB50-ASA2-AA15,36,21 111.335 (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.

AB50-ASA2-AA15,70 Section 70. 950.04 (1v) (g) of the statutes is amended to read:

AB50-ASA2-AA15,37,3 950.04 (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).

AB50-ASA2-AA15,71 Section 71. 973.015 (1b) of the statutes is created to read:

AB50-ASA2-AA15,37,5 973.015 (1b) In this section, “record” means a criminal case file.

AB50-ASA2-AA15,72 Section 72. 973.015 (1m) (a) 1. of the statutes is renumbered 973.015 (1m) (a) 1. (intro.) and amended to read:

AB50-ASA2-AA15,37,15 973.015 (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:

AB50-ASA2-AA15,37,18 (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).

AB50-ASA2-AA15,73 Section 73. 973.015 (1m) (a) 1. a. and b. of the statutes are created to read:

AB50-ASA2-AA15,38,2 973.015 (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.

AB50-ASA2-AA15,39,2 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 to 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.

AB50-ASA2-AA15,74 Section 74. 973.015 (1m) (a) 3. a. of the statutes is amended to read:

AB50-ASA2-AA15,39,7 973.015 (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.

AB50-ASA2-AA15,75 Section 75. 973.015 (1m) (a) 3. c., cg., cr. and d. and 4. of the statutes are created to read:

AB50-ASA2-AA15,39,11 973.015 (1m) (a) 3. c. A crime for which the maximum period of imprisonment is more than 6 years.

AB50-ASA2-AA15,39,13 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.

AB50-ASA2-AA15,39,15 cr. A violation of a temporary restraining order or injunction issued under s. 813.12 (3) or (4).

AB50-ASA2-AA15,39,16 d. A violation of chs. 341 to 348.

AB50-ASA2-AA15,39,18 4. The court may order at the time of sentencing that the record is ineligible for expungement.

AB50-ASA2-AA15,76 Section 76. 973.015 (1m) (b) of the statutes is amended to read:

AB50-ASA2-AA15,40,12 973.015 (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.

AB50-ASA2-AA15,77 Section 77. 973.015 (1m) (c) of the statutes is created to read:

AB50-ASA2-AA15,41,4 973.015 (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.

AB50-ASA2-AA15,78 Section 78. 973.015 (4) of the statutes is created to read:

AB50-ASA2-AA15,41,10 973.015 (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.

AB50-ASA2-AA15,79 Section 79. 973.25 (1) (a) of the statutes is amended to read:

AB50-ASA2-AA15,41,15 973.25 (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).

AB50-ASA2-AA15,9351 Section 9351. Initial applicability; Other.

AB50-ASA2-AA15,41,21 (1) Expungement. The treatment of s. 973.015 (1m) (a) 3. a., c., cg., cr., and d. and 4., (b), and (c), the renumbering and amendment of s. 973.015 (1m) (a) 1., and the creation of s. 973.015 (1m) (a) 1. a. and b. first apply to any conviction for which sentencing has occurred but for which the record has not been ordered expunged on the effective date of this subsection.

AB50-ASA2-AA15,9451 Section 9451. Effective dates; Other.

AB50-ASA2-AA15,42,5 (1) Expungement. The treatment of ss. 111.335 (3) (a), (ah), and (g) and (4) (b), (c) 1. (intro.), (e), and (f) 1., 950.04 (1v) (g), 973.015 (1b), (1m) (a) 3. a., c., cg., cr., and d. and 4., (b), and (c), and (4), and 973.25 (1) (a), the renumbering and amendment of s. 973.015 (1m) (a) 1., the creation of s. 973.015 (1m) (a) 1. a. and b., and Section 9351 (1) of this act take effect on the first day of the 13th month beginning after publication.”.

AB50-ASA2-AA15,42,6 19. At the appropriate places, insert all of the following:

AB50-ASA2-AA15,42,7 “Section 80. 16.311 of the statutes is created to read:

AB50-ASA2-AA15,42,19 16.311 Supplement for crime victim services grants. (1) From the appropriation under s. 20.505 (1) (e), the secretary may supplement s. 20.455 (5) (km) if the secretary determines that the moneys received from the federal government for crime victim assistance under 34 USC 20103, together with the moneys received in each fiscal year from the crime victim services surcharge under s. 973.0452, are insufficient to provide grants to crime victim services organizations under s. 165.935. If the secretary determines under this subsection that moneys received are insufficient, the secretary shall determine the amount of the supplement, but the secretary may not determine an amount that is larger than the difference between $44,500,000 and the sum of the moneys received in each fiscal year under 34 USC 20103 plus the moneys received in each fiscal year under s. 973.0452.

AB50-ASA2-AA15,42,21 (2) In determining under sub. (1) whether the moneys received are insufficient, the secretary may consider any factor, including:

AB50-ASA2-AA15,42,22 (a) The needs of rural and urban communities.

AB50-ASA2-AA15,42,24 (b) The amount of funding that a crime victim services organization receives as a percentage of its operating budget from the state or federal government.

AB50-ASA2-AA15,43,2 (c) The degree to which the services of a crime victim services organization are coordinated with other resources in the community and state.

AB50-ASA2-AA15,43,5 (d) The degree to which the services of a crime victim services organization are provided either directly or through a contract, subcontract, service agreement, or collaborative agreement with other organizations, entities, or individuals.

AB50-ASA2-AA15,81 Section 81. 20.455 (5) (gL) of the statutes is created to read:

AB50-ASA2-AA15,43,9 20.455 (5) (gL) Grants for crime victim services. All moneys received from the crime victim services surcharge imposed under s. 973.0452 for the purpose of awarding grants under s. 165.935.

AB50-ASA2-AA15,82 Section 82. 20.455 (5) (km) of the statutes is created to read:

AB50-ASA2-AA15,43,13 20.455 (5) (km) Grants for crime victim services supplement — state funds. All moneys transferred from the appropriation account under s. 20.505 (1) (e) for the purposes of awarding grants under s. 165.935.

AB50-ASA2-AA15,83 Section 83. 20.505 (1) (e) of the statutes is created to read:

AB50-ASA2-AA15,43,18 20.505 (1) (e) Supplement to crime victim services grant program. A sum sufficient not to exceed in each fiscal year the amount determined under s. 16.311 (1) to supplement the crime victim services grant program under s. 165.935 as provided in s. 16.311.

AB50-ASA2-AA15,84 Section 84. 165.935 of the statutes is created to read:

AB50-ASA2-AA15,43,23 165.935 Crime victim services grants. (1) The department of justice shall award grants to eligible organizations from the appropriations under s. 20.455 (5) (gL) and (km) to provide services for crime victims. The department of justice shall award grants under this section in a manner consistent with 34 USC 20103.

AB50-ASA2-AA15,44,2 (2) An organization is eligible for a grant under this section if the department of justice determines that the organization meets the criteria under 34 USC 20103 (b).

AB50-ASA2-AA15,44,4 (3) The grant awards under this section may supplement federal funds under 34 USC 20103 but may not replace the funds.

AB50-ASA2-AA15,85 Section 85. 814.75 (5g) of the statutes is created to read:

AB50-ASA2-AA15,44,6 814.75 (5g) The crime victim services surcharge under s. 973.0452.

AB50-ASA2-AA15,86 Section 86. 814.76 (4p) of the statutes is created to read:

AB50-ASA2-AA15,44,8 814.76 (4p) The crime victim services surcharge under s. 973.0452.

AB50-ASA2-AA15,87 Section 87. 814.77 (3p) of the statutes is created to read:

AB50-ASA2-AA15,44,10 814.77 (3p) The crime victim services surcharge under s. 973.0452.

AB50-ASA2-AA15,88 Section 88. 814.78 (4p) of the statutes is created to read:

AB50-ASA2-AA15,44,12 814.78 (4p) The crime victim services surcharge under s. 973.0452.

AB50-ASA2-AA15,89 Section 89. 814.79 (3p) of the statutes is created to read:

AB50-ASA2-AA15,44,14 814.79 (3p) The crime victim services surcharge under s. 973.0452.

AB50-ASA2-AA15,90 Section 90. 814.80 (4p) of the statutes is created to read:

AB50-ASA2-AA15,44,16 814.80 (4p) The crime victim services surcharge under s. 973.0452.

AB50-ASA2-AA15,91 Section 91. 814.81 (4) of the statutes is created to read:

AB50-ASA2-AA15,44,18 814.81 (4) The crime victim services surcharge under s. 973.0452.

AB50-ASA2-AA15,92 Section 92. 973.0452 of the statutes is created to read:

AB50-ASA2-AA15,45,2 973.0452 Crime victim services surcharge. (1) If a court imposes a sentence, places a person on probation, or imposes a forfeiture for a violation of a law or an ordinance, the court shall impose a crime victim services surcharge. A surcharge imposed under this subsection may not be waived, reduced, or forgiven for any reason. The amount of the surcharge is the combined amount of the following:

AB50-ASA2-AA15,45,4 (a) Forty percent of the fine or forfeiture imposed or $40, whichever is greater, for each offense.

AB50-ASA2-AA15,45,5 (b) For each misdemeanor or felony count for which a conviction occurred, $50.

AB50-ASA2-AA15,45,7 (2) (a) In this subsection, “civil offense” means an offense punishable by a forfeiture.

AB50-ASA2-AA15,45,11 (b) If the court finds a person committed a civil offense on or after the effective date of this paragraph .... [LRB inserts date], in addition to any forfeiture the court imposes, the court shall impose a crime victim services surcharge that is equal to the amounts under sub. (1) (a) and (b) if all of the following apply:

AB50-ASA2-AA15,45,13 1. The person is charged with one or more misdemeanors or felonies in a complaint.

AB50-ASA2-AA15,45,15 2. As a result of the complaint being amended, the person is charged with a civil offense in lieu of one of those misdemeanors or felonies.

AB50-ASA2-AA15,45,18 (3) Notwithstanding sub. (1), the court may not impose the surcharge under sub. (1) for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations.

AB50-ASA2-AA15,45,23 (4) (a) If a court of record imposes the surcharge under sub. (1), the clerk of the court shall determine the amount that is due and collect and transmit the amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall make payment to the secretary of administration as provided in s. 59.25 (3) (f) 2.

AB50-ASA2-AA15,46,3 (b) If a municipal court imposes the surcharge under sub. (1), the court shall determine the amount due and collect and transmit the amount to the treasurer of the county, city, town, or village, and the treasurer shall make payment to the secretary of administration as provided in s. 66.0114 (1) (bm).