MISCELLANEOUS
Mental health and substance use services
Currently, DHS must award crisis program enhancement grants to counties or multicounty regions to establish crisis programs to serve individuals having crises in rural areas or counties, municipalities, or regions composed of multiple counties or municipalities to establish and enhance law enforcement and behavioral health services emergency response collaboration programs. Grant recipients must match at least 25 percent of the grant awarded. The bill eliminates the matching requirement and increases the amount of general purpose revenue funding for the program from $250,000 per fiscal biennium to $15,000,000 per fiscal biennium. Additionally, the bill increases general purpose revenue funding for grants for mental health and substance use services grants and programs, including peer-run respite centers and opioid and methamphetamine treatment programs.
Hate crimes reporting portal
This bill requires DOJ to develop an Internet-based reporting system and a telephone hotline for the reporting of hate crimes. Under the bill, DOJ must conduct a public education campaign on hate crimes and where to report them and must collect data relating to the reporting of hate crimes. Under the bill, DOJ is required to submit a biennial report to the legislature on the reporting of hate crimes.
Higher education and special education funding; maintenance of effort
The bill provides additional funding for higher education and for special education aid the Department of Public Instruction pays to school districts, independent charter schools, cooperative educational service agencies, and county children with disabilities education boards, for purposes of maintaining compliance with maintenance of effort requirements of the federal Consolidated Appropriations Act and the federal American Rescue Plan Act.
Statute of limitations after discovery of DNA evidence
The bill changes the applicable time limits on prosecution when DNA evidence implicates an individual in the commission of a felony.
Under current law, prosecution for a felony generally must be commenced within six years of the commission of the felony, and prosecution of a misdemeanor must be commenced within three years of the commission of the misdemeanor. Certain crimes have a longer time limit on prosecutions, and prosecution for certain crimes, such as homicide, has no time limit and may be commenced at any time.
Under current law, if, within the applicable time limit on prosecution or, if there is no time limit on prosecution, within six years of the commission of a felony, a DNA sample is collected that implicates a person in the commission of a felony, the state may commence prosecution of the person who is the source of the biological material for the felony or a crime that is related to the felony within 12 months after the DNA analysis results in a probable identification of the person or within the applicable time limit on prosecution, whichever is latest.
Under the bill, the statute of limitations is reset at the time a person is implicated in the commission of a felony by DNA evidence. Under the bill, the state may commence prosecution of the person for the felony or a crime related to the felony within the applicable statute of limitations beginning on the day that the person is implicated in the crime by DNA evidence.
Fraud scheme
The bill creates a new crime of fraud scheme. Under current law, obtaining title to property of another person by intentionally deceiving the person is a type of theft. Under current law, multiple thefts may be charged as one offense if they are part of a single deceptive scheme. The bill creates a new crime that combines these concepts for circumstances when a single deceptive scheme results in theft by fraud.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB66-ASA1,1
1Section 1. 6.47 (1) (b) of the statutes is amended to read: AB66-ASA1,4,526.47 (1) (b) “Offense relating to domestic abuse, sexual assault, or stalking” 3means an offense specified in s. 940.19, 940.20 (1m), 940.201, 940.22, 940.225, 4940.235, 940.32, 940.43 (2m) (a) to (c) or (3m), 940.44 (2m) (a) to (c), 947.013, 5948.02, 948.025, 948.06, 948.085, 948.09, or 948.095. AB66-ASA1,26Section 2. 20.005 (3) (schedule) of the statutes: at the appropriate place, 7insert the following amounts for the purposes indicated: AB66-ASA1,36Section 3. 20.455 (2) (cs) of the statutes is created to read: AB66-ASA1,5,9720.455 (2) (cs) Community policing and community prosecution grant 8program. The amounts in the schedule for the community policing and community 9prosecution grant program under 2025 Wisconsin Act .... (this act), section 165 (3). AB66-ASA1,410Section 4. 20.455 (2) (cs) of the statutes, as created by 2025 Wisconsin Act .... 11(this act), is repealed. AB66-ASA1,512Section 5. 20.455 (2) (ct) of the statutes is created to read: AB66-ASA1,5,151320.455 (2) (ct) Officer recruitment, retention, and wellness grant program. 14The amounts in the schedule for the officer recruitment, retention, and wellness 15grant program under 2025 Wisconsin Act .... (this act), section 165 (4). AB66-ASA1,616Section 6. 20.455 (2) (ct) of the statutes, as created by 2025 Wisconsin Act .... 17(this act), is repealed. AB66-ASA1,718Section 7. 20.455 (2) (dm) of the statutes is created to read: AB66-ASA1,5,211920.455 (2) (dm) Violence prevention grants. The amounts in the schedule for 20the violence prevention grant program under 2025 Wisconsin Act .... (this act), 21section 165 (2). AB66-ASA1,8
1Section 8. 20.455 (2) (dm) of the statutes, as created by 2025 Wisconsin Act 2.... (this act), is repealed. AB66-ASA1,93Section 9. 20.455 (2) (em) (title) of the statutes is amended to read: AB66-ASA1,6,5420.455 (2) (em) (title) Alternatives Grants for alternatives to prosecution and 5incarceration for persons who use alcohol or other drugs; presentencing assessments. AB66-ASA1,6,11820.455 (2) (gr) Handgun Firearm purchaser record check; checks for licenses or 9certifications to carry concealed weapons. All moneys received as fee payments 10under ss. 175.35 (2i) (a), 175.49 (5m), and 175.60 (7) (c) and (d), (13), and (15) (b) 4. 11a. and b. to provide services under ss. 175.35, 175.49, and 175.60. AB66-ASA1,1112Section 11. 20.455 (5) (dm) of the statutes is created to read: AB66-ASA1,6,141320.455 (5) (dm) Address confidentiality program. The amounts in the 14schedule for the address confidentiality program under s. 165.68. AB66-ASA1,1215Section 12. 46.48 (31) of the statutes is amended to read: AB66-ASA1,6,191646.48 (31) Peer run respite centers. The department may distribute not 17more than $1,200,000 in each fiscal year, beginning in fiscal year 2014-15, grants to 18regional peer run respite centers for individuals with mental health and substance 19abuse concerns. AB66-ASA1,1320Section 13. 46.536 (1) of the statutes is amended to read: AB66-ASA1,7,62146.536 (1) From the appropriation under s. 20.435 (5) (cf), the department 22shall award grants in the total amount of $250,000 $15,000,000 in each fiscal 23biennium to counties or regions comprised of multiple counties to establish or 24enhance crisis programs to serve individuals having crises in rural areas or
1counties, municipalities, or regions comprised of multiple counties or 2municipalities to establish and enhance law enforcement and behavioral health 3services emergency response collaboration programs. Grant recipients under this 4section shall match at least 25 percent of the grant amount awarded for the purpose 5that the grant is received. The department may not award any single grant in an 6amount greater than $100,000. AB66-ASA1,147Section 14. 48.685 (2) (bb) of the statutes is amended to read: AB66-ASA1,8,2848.685 (2) (bb) If information obtained under par. (am), (b), or (ba) indicates a 9charge of a serious crime, but does not completely and clearly indicate the final 10disposition of the charge, the department, county department, child welfare agency, 11or entity shall make every reasonable effort to contact the clerk of courts to 12determine the final disposition of the charge. If a background information form 13under sub. (6) (a) or (am) indicates a charge or a conviction of a serious crime, but 14information obtained under par. (am), (b), or (ba) does not indicate such a charge or 15conviction, the department, county department, child welfare agency, or entity 16shall make every reasonable effort to contact the clerk of courts to obtain a copy of 17the criminal complaint and the final disposition of the complaint. If information 18obtained under par. (am), (b), or (ba), a background information form under sub. (6) 19(a) or (am), or any other information indicates a conviction of a violation of s. 940.19 20(1), 940.195, 940.20, 940.202, 940.204, 941.30, 942.08, 947.01 (1), or 947.013 21obtained not more than 5 years before the date on which that information was 22obtained, the department, county department, child welfare agency, or entity shall
1make every reasonable effort to contact the clerk of courts to obtain a copy of the 2criminal complaint and judgment of conviction relating to that violation. 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: