AB50-ASA2-AA15,33,137968.02 (4) If the alleged violator under s. 948.55 (2) or 948.60 (2) (c) is or was 8the parent or guardian of a child who is injured or dies as a result of an accidental 9shooting, the district attorney may consider, among other factors, the impact of the 10injury or death on the alleged violator when deciding whether to issue a complaint 11regarding the alleged violation. This subsection does not restrict the factors that a 12district attorney may consider in deciding whether to issue a complaint regarding 13any alleged violation. AB50-ASA2-AA15,33,1815968.07 (3) If the alleged violator under s. 948.55 (2) or 948.60 (2) (c) is or was 16the parent or guardian of a child who is injured or dies as a result of an accidental 17shooting, no law enforcement officer may arrest the alleged violator until at least 7 18days after the date of the shooting. AB50-ASA2-AA15,34,420973.123 (1) In this section, “violent felony” means any felony under s. 943.23 21(1m), 1999 stats., s. 943.23 (1r), 1999 stats., or s. 943.23 (1g), 2021 stats., or s. 22940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 23940.198, 940.20, 940.201, 940.203, 940.204, 940.21, 940.225, 940.23, 940.235, 24940.285 (2), 940.29, 940.295 (3), 940.30, 940.302, 940.305, 940.31, 940.43 (1) to (3),
1940.45 (1) to (3), 941.20, 941.26, 941.28, 941.285, 941.29 (1m), 941.292, 941.293, 2941.30, 941.327 (2) (b) 3. or 4., 943.02, 943.04, 943.06, 943.10 (2), 943.231 (1), 3943.32, 943.87, 946.43, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 4948.06, 948.07, 948.08, 948.085, or 948.30. AB50-ASA2-AA15,34,96(1) Delayed penalty application for violating prohibition. 7Notwithstanding s. 941.285, no person may be subject to a penalty for violating s. 8941.285 (1) with regard to the possession of any device prohibited under that 9section for the first 180 days after the effective date of this subsection. AB50-ASA2-AA15,34,1411(1) Requirements when selling or transferring firearms. The 12treatment of s. 175.37 (title), the renumbering and amendment of s. 175.37 (1), and 13the creation of s. 175.37 (1) (b) first apply to sales and transfers that occur on the 14effective date of this subsection. AB50-ASA2-AA15,34,1615(2) Lost or stolen firearms. The treatment of s. 175.36 (1) (a) first applies 16to discoveries of stolen or lost firearms made on the effective date of this subsection. 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-AA15,35,623111.335 (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-AA15,35,1814111.335 (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-AA15,36,220111.335 (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-AA15,36,139111.335 (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 agency’s 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-AA15,37,323950.04 (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-AA15,37,55973.015 (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-AA15,40,1220973.015 (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 person’s 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-AA15,41,414973.015 (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-AA15,41,106973.015 (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-AA15,41,1512973.25 (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-AA15,41,2117(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-AA15,42,523(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-AA15,42,19816.311 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-AA15,43,9720.455 (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-AA15,43,131120.455 (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-AA15,43,181520.505 (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-AA15,43,2320165.935 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-AA15,44,66814.75 (5g) The crime victim services surcharge under s. 973.0452. AB50-ASA2-AA15,44,88814.76 (4p) The crime victim services surcharge under s. 973.0452. AB50-ASA2-AA15,44,1010814.77 (3p) The crime victim services surcharge under s. 973.0452. AB50-ASA2-AA15,44,1212814.78 (4p) The crime victim services surcharge under s. 973.0452. AB50-ASA2-AA15,44,1414814.79 (3p) The crime victim services surcharge under s. 973.0452. AB50-ASA2-AA15,44,1616814.80 (4p) The crime victim services surcharge under s. 973.0452. AB50-ASA2-AA15,44,1818814.81 (4) The crime victim services surcharge under s. 973.0452.
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