Amendment SA8-SSA2-SB45

SB45-SSA2-SA8,35,2 20.505 (1) (bs) Office of violence prevention; violence reduction initiative grants. The amounts in the schedule for violence reduction initiative grants awarded under s. 16.02 (3).

SB45-SSA2-SA8,9101 Section 9101. Nonstatutory provisions; Administration.

SB45-SSA2-SA8,35,6 (1) Position authorization; office of violence prevention. The authorized FTE positions for the department of administration are increased by 7. GPR positions to staff the office of violence prevention.

SB45-SSA2-SA8,35,8 (2) Task force on missing and murdered African American women and girls.

SB45-SSA2-SA8,35,11 (a) Definition. In this subsection, “nongovernmental organization” means a nonprofit, nongovernmental organization that provides legal, social, or other community services.

SB45-SSA2-SA8,35,16 (b) Membership. There is created a task force on missing and murdered African American women and girls. The task force shall consist of the following members, who are knowledgeable in crime victims rights or violence protection, and who shall be appointed by and serve at the pleasure of the governor unless otherwise specified:

SB45-SSA2-SA8,35,18 1. Two members of the senate, one appointed by the majority leader and one appointed by the minority leader.

SB45-SSA2-SA8,35,20 2. Two members of the assembly, one appointed by the speaker of the assembly and one appointed by the minority leader.

SB45-SSA2-SA8,35,21 3. Two representatives from among the following:

SB45-SSA2-SA8,35,22 a. The Wisconsin Chiefs of Police Association.

SB45-SSA2-SA8,35,23 b. The Badger State Sheriffs’ Association.

SB45-SSA2-SA8,36,1 c. The division of criminal investigation within the department of justice.

SB45-SSA2-SA8,36,2 4. One or more representatives from among the following:

SB45-SSA2-SA8,36,3 a. The Wisconsin District Attorneys Association.

SB45-SSA2-SA8,36,4 b. A U.S. Attorney’s office in this state.

SB45-SSA2-SA8,36,5 c. A judge or attorney working in juvenile court.

SB45-SSA2-SA8,36,7 5. A county coroner or representative from a statewide coroner’s association or a representative of the department of health services.

SB45-SSA2-SA8,36,8 6. Three or more representatives from among the following:

SB45-SSA2-SA8,36,10 a. A statewide or local organization that provides legal services to African American women and girls.

SB45-SSA2-SA8,36,12 b. A statewide or local organization that provides advocacy or counseling for African American women and girls who have been victims of violence.

SB45-SSA2-SA8,36,14 c. A statewide or local organization that provides nonlegal services to African American women and girls.

SB45-SSA2-SA8,36,15 d. The Wisconsin Coalition Against Sexual Assault.

SB45-SSA2-SA8,36,16 e. End Domestic Abuse Wisconsin.

SB45-SSA2-SA8,36,17 f. An African American woman who is a survivor of gender violence.

SB45-SSA2-SA8,36,18 (c) Operation.

SB45-SSA2-SA8,36,23 1. The task force shall elect a chair and vice-chair from among the members of the task force and may elect other officers as necessary. The task force shall convene within 30 days after it is established and shall meet at least quarterly thereafter, or upon the call of its chair, and may hold meetings throughout the state. The task force shall meet sufficiently to accomplish the duties identified in par. (d).

SB45-SSA2-SA8,37,4 2. The department of administration shall provide administrative support services to the task force. The task force may call upon any state agency or officer to assist the task force, and those agencies or officers shall cooperate with the task force to the fullest extent possible.

SB45-SSA2-SA8,37,7 3. The department of administration shall reimburse members of the task force for their actual and necessary expenses incurred in carrying out their functions.

SB45-SSA2-SA8,37,8 (d) Duties.

SB45-SSA2-SA8,37,9 1. The task force shall examine all of the following topics:

SB45-SSA2-SA8,37,14 a. The systemic causes behind violence that African American women and girls experience, including patterns and underlying factors that explain why disproportionately high levels of violence occur against African American women and girls, including underlying historical, generational, social, economic, institutional, and cultural factors that may contribute to the violence.

SB45-SSA2-SA8,37,17 b. Appropriate methods for tracking and collecting data on violence against African American women and girls, including data on missing and murdered African American women and girls.

SB45-SSA2-SA8,37,21 c. Policies and institutions such as policing, child welfare, coroner practices, and other governmental practices that impact violence against African American women and girls and the investigation and prosecution of crimes of gender violence against African American people.

SB45-SSA2-SA8,37,23 d. Measures necessary to address and reduce violence against African American women and girls.

SB45-SSA2-SA8,38,3 e. Measures to help victims, victims’ families, and victims’ communities prevent and heal from violence that occurs against African American women and girls.

SB45-SSA2-SA8,38,5 2. The task force shall, by December 31, 2025, and December 31, 2026, submit to the governor a report that includes all of the following:

SB45-SSA2-SA8,38,7 a. Proposed institutional policies and practices that are effective in reducing gender violence and increasing the safety of African American women and girls.

SB45-SSA2-SA8,38,9 b. Recommendations to eliminate violence against African American women and girls.

SB45-SSA2-SA8,38,11 c. Recommendations to help victims and communities heal from gender violence and violence against African American women and girls.

SB45-SSA2-SA8,38,19 3. In accomplishing the tasks in subds. 1. and 2., the task force shall seek out and enlist the cooperation and assistance of nongovernmental organizations, community and advocacy organizations working with the African American community, and academic researchers and experts, specifically those specializing in violence against African American women and girls, representing diverse communities disproportionately affected by violence against women and girls, or focusing on issues related to gender violence and violence against African American women and girls.”.

SB45-SSA2-SA8,38,20 14. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,38,21 “Section 100. 16.311 of the statutes is created to read:

SB45-SSA2-SA8,39,10 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.

SB45-SSA2-SA8,39,12 (2) In determining under sub. (1) whether the moneys received are insufficient, the secretary may consider any factor, including:

SB45-SSA2-SA8,39,13 (a) The needs of rural and urban communities.

SB45-SSA2-SA8,39,15 (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.

SB45-SSA2-SA8,39,17 (c) The degree to which the services of a crime victim services organization are coordinated with other resources in the community and state.

SB45-SSA2-SA8,39,20 (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.

SB45-SSA2-SA8,101 Section 101. 20.455 (5) (gL) of the statutes is created to read:

SB45-SSA2-SA8,39,24 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.

SB45-SSA2-SA8,102 Section 102. 20.455 (5) (km) of the statutes is created to read:

SB45-SSA2-SA8,40,4 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.

SB45-SSA2-SA8,103 Section 103. 20.505 (1) (e) of the statutes is created to read:

SB45-SSA2-SA8,40,9 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.

SB45-SSA2-SA8,104 Section 104. 165.935 of the statutes is created to read:

SB45-SSA2-SA8,40,14 165.935 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.

SB45-SSA2-SA8,40,17 (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).

SB45-SSA2-SA8,40,19 (3) The grant awards under this section may supplement federal funds under 34 USC 20103 but may not replace the funds.

SB45-SSA2-SA8,105 Section 105. 814.75 (5g) of the statutes is created to read:

SB45-SSA2-SA8,40,21 814.75 (5g) The crime victim services surcharge under s. 973.0452.

SB45-SSA2-SA8,106 Section 106. 814.76 (4p) of the statutes is created to read:

SB45-SSA2-SA8,40,23 814.76 (4p) The crime victim services surcharge under s. 973.0452.

SB45-SSA2-SA8,107 Section 107. 814.77 (3p) of the statutes is created to read:

SB45-SSA2-SA8,41,1 814.77 (3p) The crime victim services surcharge under s. 973.0452.

SB45-SSA2-SA8,108 Section 108. 814.78 (4p) of the statutes is created to read:

SB45-SSA2-SA8,41,3 814.78 (4p) The crime victim services surcharge under s. 973.0452.

SB45-SSA2-SA8,109 Section 109. 814.79 (3p) of the statutes is created to read:

SB45-SSA2-SA8,41,5 814.79 (3p) The crime victim services surcharge under s. 973.0452.

SB45-SSA2-SA8,110 Section 110. 814.80 (4p) of the statutes is created to read:

SB45-SSA2-SA8,41,7 814.80 (4p) The crime victim services surcharge under s. 973.0452.

SB45-SSA2-SA8,111 Section 111. 814.81 (4) of the statutes is created to read:

SB45-SSA2-SA8,41,9 814.81 (4) The crime victim services surcharge under s. 973.0452.

SB45-SSA2-SA8,112 Section 112. 973.0452 of the statutes is created to read:

SB45-SSA2-SA8,41,16 973.0452 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:

SB45-SSA2-SA8,41,18 (a) Forty percent of the fine or forfeiture imposed or $40, whichever is greater, for each offense.

SB45-SSA2-SA8,41,19 (b) For each misdemeanor or felony count for which a conviction occurred, $50.

SB45-SSA2-SA8,41,21 (2) (a) In this subsection, “civil offense” means an offense punishable by a forfeiture.

SB45-SSA2-SA8,42,2 (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:

SB45-SSA2-SA8,42,4 1. The person is charged with one or more misdemeanors or felonies in a complaint.

SB45-SSA2-SA8,42,6 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.

SB45-SSA2-SA8,42,9 (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.

SB45-SSA2-SA8,42,14 (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.

SB45-SSA2-SA8,42,18 (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).

SB45-SSA2-SA8,42,22 (5) If an inmate in a state prison or a person sentenced to a state prison has not paid the surcharge under sub. (1), the department shall assess and collect the amount owed from the inmate’s wages or other moneys. Any amount collected under this subsection shall be transmitted to the secretary of administration.

SB45-SSA2-SA8,9351 Section 9351. Initial applicability; Other.

SB45-SSA2-SA8,43,2 (1) Crime victim services surcharge. The treatment of s. 973.0452 (1) first applies to sentences, periods of probation, or civil forfeitures imposed on the effective date of this subsection.”.

SB45-SSA2-SA8,43,3 15. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,43,5 “Section 113. 20.455 (2) (gr) of the statutes, as affected by 2023 Wisconsin Act 240, is repealed and recreated to read:

SB45-SSA2-SA8,43,9 20.455 (2) (gr) Handgun purchaser record check; checks for licenses or certifications to carry concealed weapons. All moneys received as fee payments under ss. 175.35 (2i), 175.49 (5m), and 175.60 (7) (c) and (d), (13), and (15) (b) 4. a. and b. to provide services under ss. 165.28, 175.35, 175.49, and 175.60.