AB66-ASA1,153Section 15. 48.685 (5) (bm) 4. of the statutes is amended to read: AB66-ASA1,8,10448.685 (5) (bm) 4. A violation of s. 940.19 (3), 1999 stats., or of s. 125.075 (1), 5125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5), 6or (6), 940.20, 940.202, 940.203, 940.204, 940.205, 940.207, or 940.25, 940.43 (2m) 7(a) or (3m), or 940.44 (2m) (a), a violation of s. 346.63 (1), (2), (5), or (6) that is a 8felony under s. 346.65 (2) (am) 4. to 7., or (f), (2j) (d), or (3m), or an offense under ch. 9961 that is a felony, if committed not more than 5 years before the date of the 10investigation under sub. (2) (am). AB66-ASA1,1611Section 16. 48.686 (1) (c) 9. of the statutes is amended to read: AB66-ASA1,8,161248.686 (1) (c) 9. A violation of s. 125.075 (1), 125.085 (3) (a) 2., 125.105 (2) (b), 13125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5), or (6), 940.20, 940.202, 940.203, 14940.204, 940.205, 940.207, 940.25, or 943.231 (1), a violation of s. 346.63 (1), (2), (5), 15or (6) that is a felony under s. 346.65 (2) (am) 4., 5., 6., or 7. or (f), (2j) (d), or (3m), or 16an offense under ch. 961 that is a felony. AB66-ASA1,1717Section 17. 48.686 (1) (c) 12. of the statutes is amended to read: AB66-ASA1,8,221848.686 (1) (c) 12. A violation of the laws of another state or United States 19jurisdiction that if committed in this state would constitute felony battery under s. 20940.19 (2), (4), (5), or (6), 940.20, 940.202, or 940.204, a felony offense of domestic 21abuse, as defined in s. 813.12 (1) (am), a sex offense or a violent crime under ch. 948, 22or a violation of s. 940.225 if the victim was a child. AB66-ASA1,1823Section 18. 48.686 (2) (bb) of the statutes is amended to read: AB66-ASA1,9,15
148.686 (2) (bb) If information obtained under par. (am) indicates a charge of a 2serious crime, but does not completely and clearly indicate the final disposition of 3the charge, the department shall make every reasonable effort to contact the clerk 4of courts to determine the final disposition of the charge. If information submitted 5to the department under par. (ag) indicates a charge or a conviction of a serious 6crime, but information obtained under par. (am) does not indicate such a charge or 7conviction, the department shall make every reasonable effort to contact the clerk 8of courts to obtain a copy of the criminal complaint and the final disposition of the 9complaint. If information obtained under par. (am), information submitted under 10par. (ag), or any other information indicates a conviction of a violation of s. 940.19 11(1), 940.195, 940.20, 940.202, 940.204, 941.30, 942.08, 947.01 (1), or 947.013 12obtained not more than 5 years before the date on which that information was 13obtained, the department shall make every reasonable effort to contact the clerk of 14courts to obtain a copy of the criminal complaint and judgment of conviction 15relating to that violation. AB66-ASA1,1916Section 19. 50.065 (2) (bb) of the statutes is amended to read: AB66-ASA1,9,231750.065 (2) (bb) If information obtained under par. (am) or (b) indicates a 18charge of a serious crime, but does not completely and clearly indicate the final 19disposition of the charge, the department or entity shall make every reasonable 20effort to contact the clerk of courts to determine the final disposition of the charge. 21If a background information form under sub. (6) (a) or (am), or any disclosure made 22pursuant to a disclosure policy described under sub. (6) (am), indicates a charge or 23a conviction of a serious crime, but information obtained under par. (am) or (b) does
1not indicate such a charge or conviction, the department or entity shall make every 2reasonable effort to contact the clerk of courts to obtain a copy of the criminal 3complaint and the final disposition of the complaint. If information obtained under 4par. (am) or (b), a background information form under sub. (6) (a) or (am), any 5disclosure made pursuant to a disclosure policy described under sub. (6) (am), or 6any other information indicates a conviction of a violation of s. 940.19 (1), 940.195, 7940.20, 940.202, 940.204, 941.30, 942.08, 947.01 (1), or 947.013 obtained not more 8than 5 years before the date on which that information was obtained, the 9department or entity shall make every reasonable effort to contact the clerk of 10courts to obtain a copy of the criminal complaint and judgment of conviction 11relating to that violation. AB66-ASA1,2012Section 20. 165.63 (3) of the statutes is amended to read: AB66-ASA1,10,1613165.63 (3) Requests from courts. In making a determination required 14under s. 813.124 (7) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1., a judge or court 15commissioner shall request information under sub. (2) from the department or from 16a law enforcement agency or law enforcement officer as provided in sub. (4) (d). AB66-ASA1,2117Section 21. 165.63 (4) (d) of the statutes is amended to read: AB66-ASA1,10,2018165.63 (4) (d) Aid the court in making a determination required under s. 19813.124 (7) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1. or aid an entity in making a 20determination required under s. 968.20 (1m) (d) 2. AB66-ASA1,2221Section 22. 165.70 (1) (b) of the statutes is amended to read: AB66-ASA1,11,222165.70 (1) (b) Except as provided in sub. (1m), enforce chs. 945 and 961 and ss. 23940.20 (3), 940.201 940.202, 940.43 (3m), 941.25, 941.26, 943.01 (2) (c), 943.011,
1943.27, 943.28, 943.30, 944.30 (1m), 944.31, 944.32, 944.33, 944.34, 946.65, 947.02 2(3) and (4), 948.075, 948.08, and 948.081. AB66-ASA1,233Section 23. 165.73 of the statutes is created to read: AB66-ASA1,11,54165.73 Hate crimes reporting. (1) In this section, “hate crime” means an 5act described under s. 939.645 (1). AB66-ASA1,11,96(2) The department of justice shall provide a publicly accessible Internet-7based reporting system and a telephone hotline for the reporting of hate crimes. 8The department of justice shall ensure that the reporting system and hotline do all 9of the following: AB66-ASA1,11,1110(a) Relay a report of a hate crime to the appropriate employee of the 11department or law enforcement officer for investigation. AB66-ASA1,11,1212(b) Direct individuals to appropriate local support services. AB66-ASA1,11,1513(c) Maintain confidentiality for any personally identifiable information that 14an individual provides through the reporting system or hotline, except as needed for 15investigative, legal, or crime victims service purposes. AB66-ASA1,11,1816(d) Are staffed by individuals who are trained to be knowledgeable about 17applicable federal, state, and local hate crime laws and law enforcement and 18support services. AB66-ASA1,11,2219(3) The department of justice shall collaborate with community organizations 20to provide a public education campaign to raise awareness of hate crimes and to 21promote the reporting of hate crimes using the reporting system and hotline 22described in sub. (2). AB66-ASA1,12,2
1(4) The department of justice shall collect data on hate crime reporting under 2sub. (2). AB66-ASA1,12,53(5) The department of justice shall, biennially, submit a report to the 4appropriate standing committees of the legislature under s. 13.172 (3) on the 5department’s activities under this section. AB66-ASA1,246Section 24. 165.84 (7) (ab) 1. of the statutes is amended to read: AB66-ASA1,12,127165.84 (7) (ab) 1. A felony violation of s. 940.01, 940.05, 940.198 (2), 940.21, 8940.225 (1), (2), or (3), 940.235, 940.30, 940.302 (2), 940.305, 940.31, 940.32 (2), (2e), 9or (2m), 940.43, 940.45 (1m) or (2m), 940.44, 941.20, 941.21, 941.327, 943.02, 10943.06, 943.10, 943.23 (2), 943.231 (1), 943.32, 948.02 (1) or (2), 948.025, 948.03 (2) 11(a) or (c) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.07, 948.08, 948.085, 12948.095, or 948.30 (2). AB66-ASA1,2513Section 25. 165.84 (7) (ab) 2. of the statutes is amended to read: AB66-ASA1,12,1714165.84 (7) (ab) 2. A felony violation of s. 940.02, 940.03, 940.06, 940.07, 15940.08, 940.09 (1c), 940.10, 940.19 (2), (4), (5), or (6), 940.195 (2), (4), (5), or (6), 16940.20, 940.201 (2) 940.202, 940.203 (2), 940.204, 940.205 (2), 940.207 (2), 940.208, 17940.23, 940.43 (3m), 941.30, or 948.03 (3) or (5) (a) 4. AB66-ASA1,2618Section 26. 165.95 (title) of the statutes is amended to read: AB66-ASA1,12,2019165.95 (title) Alternatives to prosecution and incarceration; grant 20program. AB66-ASA1,2721Section 27. 165.95 (1) (ac) of the statutes is created to read: AB66-ASA1,13,222165.95 (1) (ac) “Evidence-based practice” means a practice that has been
1developed using research to determine its efficacy for achieving positive measurable 2outcomes, including reducing recidivism and increasing public safety. AB66-ASA1,283Section 28. 165.95 (2) of the statutes is amended to read: AB66-ASA1,13,114165.95 (2) The department of justice shall make grants to counties and to 5tribes to enable them to establish and operate programs, including suspended and 6deferred prosecution programs and programs based on principles of restorative 7justice, that provide alternatives to prosecution and incarceration for criminal 8offenders who abuse alcohol or other drugs. The department of justice shall make 9the grants from the appropriations under s. 20.455 (2) (em), (jd), (kn), and (kv). The 10department of justice shall collaborate with the department of corrections and the 11department of health services in establishing this grant program. AB66-ASA1,2912Section 29. 165.95 (2r) of the statutes is amended to read: AB66-ASA1,13,1513165.95 (2r) Any county or tribe that receives a grant under this section on or 14after January 1, 2012, shall provide matching funds that are equal to 25 10 percent 15of the amount of the grant. AB66-ASA1,3016Section 30. 165.95 (3) (a) of the statutes is repealed. AB66-ASA1,3117Section 31. 165.95 (3) (ag) of the statutes is created to read: AB66-ASA1,13,2118165.95 (3) (ag) The program operates within the continuum from arrest to 19discharge from supervision and provides an alternative to prosecution, revocation, 20or incarceration through the use of pre-charge and post-charge diversion programs 21or treatment courts and community-based corrections. AB66-ASA1,3222Section 32. 165.95 (3) (b) of the statutes is amended to read: AB66-ASA1,14,523165.95 (3) (b) The program employs evidence-based practices and is designed
1to promote and facilitate the implementation of effective criminal justice policies 2and practices that maximize justice and public and victim safety, reduce prison and 3jail populations, reduce prosecution and incarceration costs, and reduce recidivism, 4and improve the welfare of participants’ families by meeting the comprehensive 5needs of participants. AB66-ASA1,336Section 33. 165.95 (3) (bd) of the statutes is created to read: AB66-ASA1,14,97165.95 (3) (bd) The program identifies each target population served by the 8program and identifies the evidence-based practices the program employs for each 9target population it serves. AB66-ASA1,3410Section 34. 165.95 (3) (cm) 2. of the statutes is created to read: AB66-ASA1,14,1611165.95 (3) (cm) 2. If the program is administered by a tribe, the criminal 12justice oversight committee shall consist of a representative of the judiciary, a 13representative of criminal prosecution and criminal defense, a social services 14provider, a behavioral health treatment provider, a law enforcement officer, a 15representative of the department of corrections, and other members that the 16oversight committee determines are appropriate to the program. AB66-ASA1,3517Section 35. 165.95 (3) (d) of the statutes is amended to read: AB66-ASA1,14,2118165.95 (3) (d) Services provided under the program are consistent with 19evidence-based practices in substance abuse and mental health treatment, as 20determined by the department of health services, and the program provides 21intensive case management. AB66-ASA1,3622Section 36. 165.95 (3) (e) of the statutes is amended to read: AB66-ASA1,15,2
1165.95 (3) (e) The program uses graduated sanctions and incentives to 2promote successful substance abuse treatment success. AB66-ASA1,373Section 37. 165.95 (3) (g) of the statutes is amended to read: AB66-ASA1,15,114165.95 (3) (g) The program is designed to integrate all mental health services 5provided to program participants by state and local government agencies, tribes, 6and other organizations. The program shall require regular communication and 7coordination among a participant’s substance abuse treatment providers, other 8service providers, the case manager, and any person designated under the program 9to monitor the person’s compliance with his or her obligations under the program, 10and any probation, extended supervision, and parole agent assigned to the 11participant. AB66-ASA1,3812Section 38. 165.95 (3) (h) of the statutes is amended to read: AB66-ASA1,15,1613165.95 (3) (h) The program provides substance abuse and mental health 14treatment services through providers that who use evidence-based practices in the 15delivery of services and, where applicable, who are certified by the department of 16health services or licensed to provide the services approved under the program. AB66-ASA1,3917Section 39. 165.95 (3) (i) of the statutes is renumbered 165.95 (3d) and 18amended to read: AB66-ASA1,15,2319165.95 (3d) The A program requires that receives a grant under this section 20may require participants to pay a reasonable amount for their treatment, based on 21their income and available assets, and pursues shall pursue and uses use all 22possible resources available through insurance and federal, state, and local aid 23programs, including cash, vouchers, and direct services. AB66-ASA1,40
1Section 40. 165.95 (3) (j) of the statutes is amended to read: AB66-ASA1,16,92165.95 (3) (j) The program is developed with input from, and implemented in 3collaboration with, one or more circuit court judges, the district attorney, the state 4public defender, local and, if applicable, tribal law enforcement officials, county 5agencies and, if applicable, tribal agencies responsible for providing social services, 6including services relating to alcohol and other drug addiction substance use 7disorder, child welfare, mental health, and the Wisconsin Works program, the 8departments of corrections, children and families, and health services, private 9social services agencies, and substance abuse use disorder treatment providers. AB66-ASA1,4110Section 41. 165.95 (3) (k) of the statutes is amended to read: AB66-ASA1,16,1311165.95 (3) (k) The county or tribe complies with other eligibility requirements 12established by the department of justice to promote the objectives listed in pars. (a) 13and (b) this subsection. AB66-ASA1,4214Section 42. 165.95 (5) (a) of the statutes is renumbered 165.95 (3) (cm) 15(intro.) and amended to read: AB66-ASA1,16,2016165.95 (3) (cm) (intro.) A county or tribe that receives a grant under this 17section shall create an The program identifies a criminal justice oversight 18committee to develop and implement the program design and advise the county or 19tribe in administering and evaluating its program. Each The membership of each 20criminal justice oversight committee shall be as follows: AB66-ASA1,17,9211. If the program is administered by a county, or by a county and a tribe 22pursuant to sub. (6), the criminal justice oversight committee shall consist of a 23circuit court judge, the district attorney or his or her designee, the state public
1defender or his or her designee, a local law enforcement official, a representative of 2the county, a representative of the tribe, if applicable, a representative of each other 3county agency and, if applicable, tribal agency responsible for providing social 4services, including services relating to child welfare, mental health, and the 5Wisconsin Works program, representatives of the department of corrections and 6department of health services, a representative from private social services 7agencies, a representative of substance abuse behavioral health treatment 8providers, and other members to be determined by the county or tribe the oversight 9committee determines are appropriate for the program. AB66-ASA1,4310Section 43. 165.95 (5) (b) of the statutes is renumbered 165.95 (5) (ag) and 11amended to read: AB66-ASA1,17,1612165.95 (5) (ag) A county or tribe that receives a grant under this section shall 13comply with state audits and shall submit an annual report to the department of 14justice and to the criminal justice oversight committee created under par. (a) 15identified in sub. (3) (cm) regarding the impact of the program on jail and prison 16populations and its progress in attaining the goals specified in sub. (3) (b) and (f). AB66-ASA1,4417Section 44. 165.95 (5m) of the statutes is repealed. AB66-ASA1,4518Section 45. 165.95 (6) of the statutes is amended to read: AB66-ASA1,18,219165.95 (6) A county or tribe may, with one or more other counties or tribes, 20jointly apply for and receive a grant under this section. Upon submitting a joint 21application, each county or tribe shall include with the application a written 22agreement specifying each tribe’s and each county department’s role in developing, 23administering, and evaluating the program. The criminal justice oversight
1committee established under sub. (5) (a) identified in sub. (3) (cm) shall consist of 2representatives from each county or tribe that participates in the program. AB66-ASA1,463Section 46. 165.95 (7) of the statutes is amended to read: AB66-ASA1,18,84165.95 (7) Grants provided under this section shall be provided on a calendar 5year basis beginning on January 1, 2007. If the department of justice decides to 6make a grant to a county or tribe under this section, the department of justice shall 7notify the county or tribe of its decision and the amount of the grant no later than 8September 1 of the year preceding the year for which the grant will be made. AB66-ASA1,479Section 47. 165.95 (7m) of the statutes is amended to read: AB66-ASA1,18,1410165.95 (7m) Beginning in fiscal year 2012-13 2025-26, the department of 11justice shall, every 5 4 years, make grants under this section available to any 12county or tribe on a competitive basis. A county or tribe may apply for a grant 13under this subsection regardless of whether the county or tribe has received a grant 14previously under this section. AB66-ASA1,4815Section 48. 175.33 of the statutes is created to read: AB66-ASA1,18,1616175.33 Transfer of firearms. (1) In this section: AB66-ASA1,18,1817(a) “Family member” means a spouse, parent, grandparent, sibling, child, or 18grandchild. The relationship may be by blood, marriage, or adoption. AB66-ASA1,18,1919(b) “Firearm” includes the frame or receiver of a firearm. AB66-ASA1,18,2020(c) “Firearms dealer” has the meaning given in s. 175.35 (1) (ar). AB66-ASA1,18,2121(d) “Transfer” has the meaning given in s. 175.35 (1) (br). AB66-ASA1,18,2322(2) No person may transfer ownership of a firearm, or be transferred 23ownership of a firearm, unless one of the following applies: AB66-ASA1,19,1
1(a) The transferor is a firearms dealer. AB66-ASA1,19,32(b) The transferor makes the transfer to or through a firearms dealer and 3obtains a receipt under s. 175.35 (2j) (b). AB66-ASA1,19,54(c) The transfer of ownership of the firearm is one of the transfers listed under 5s. 175.35 (2t). AB66-ASA1,19,96(d) The transferor is transferring ownership of the firearm to a family 7member by gift, bequest, or inheritance, the transferee is not prohibited from 8possessing a firearm under state or federal law, and the transferee is at least 18 9years of age. AB66-ASA1,19,1410(e) The transferor is transferring the firearm with the intent that the transfer 11is for the purpose of hunting or target shooting if the transfer is for no longer than 1214 days, the transferor did not receive in exchange for the transfer more than 13nominal consideration, the transferee is not prohibited from possessing a firearm 14under state or federal law, and the transfer is not otherwise prohibited by law. AB66-ASA1,19,1815(3) Any person who intentionally violates sub. (2) is guilty of a misdemeanor 16and shall be fined not less than $500 nor more than $10,000 and may be imprisoned 17for not more than 9 months. The person is also prohibited under s. 941.29 from 18possessing a firearm for a period of 2 years. AB66-ASA1,4919Section 49. 175.35 (title) of the statutes is amended to read: AB66-ASA1,19,2020175.35 (title) Purchase Transfer of handguns firearms. AB66-ASA1,5021Section 50. 175.35 (1) (at) of the statutes is amended to read:
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