Amendment SA8-SSA2-SB45

SB45-SSA2-SA8,13,24 16.075 (3) Beginning in fiscal year 2012-13, the The department of justice shall, every 5 years, make grants under this section sub. (2) available to any county or tribe on a competitive basis. A county or tribe may apply for a grant under this subsection sub. (2) regardless of whether the county or tribe has received a grant previously under this section sub. (2).

SB45-SSA2-SA8,47 Section 47. 165.95 (8) of the statutes is amended to read:

SB45-SSA2-SA8,14,4 165.95 (8) The department of justice shall assist a county or tribe receiving a grant under this section that operates an alternatives to prosecution and incarceration program in obtaining funding from other sources for its program.

SB45-SSA2-SA8,48 Section 48. 165.95 (9) of the statutes is renumbered 16.075 (4) and amended to read:

SB45-SSA2-SA8,14,10 16.075 (4) The department of justice shall inform any county or tribe that is applying for a grant under this section sub. (2) whether the county or tribe meets the requirements established under sub. s. 165.95 (3), regardless of whether the county or tribe receives a grant.

SB45-SSA2-SA8,49 Section 49. 165.95 (10) of the statutes is repealed.

SB45-SSA2-SA8,50 Section 50. 165.955 of the statutes is repealed.

SB45-SSA2-SA8,51 Section 51. 302.43 of the statutes is amended to read:

SB45-SSA2-SA8,15,4 302.43 Good time. Every inmate of a county jail is eligible to earn good time in the amount of one-fourth of his or her term for good behavior if sentenced to at least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects or refuses to perform any duty lawfully required of him or her, may be deprived by the sheriff of good time under this section, except that the sheriff shall not deprive the inmate of more than 2 days good time for any one offense without the approval of the court. An inmate who files an action or special proceeding, including a petition for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of the number of days of good time specified in the court order prepared under s. 807.15 (3). This section does not apply to a person who is confined in the county jail in connection with his or her participation in a substance abuse treatment program that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).

SB45-SSA2-SA8,52 Section 52. 758.19 (5) (bf) of the statutes is created to read:

SB45-SSA2-SA8,15,8 758.19 (5) (bf) No later than January 1, 2026, from the appropriation under s. 20.625 (1) (d), the director of state courts shall make payments to counties totaling $24,596,100, which the director of state courts shall distribute as follows:

SB45-SSA2-SA8,15,9 1. For each circuit court branch in the county, $52,300.

SB45-SSA2-SA8,15,11 2. In addition to the payment under subd. 1., for each county with one or fewer circuit court branches, $12,400.

SB45-SSA2-SA8,15,15 3. In addition to the payment under subd. 1., for each county with more than one circuit court branch, a payment equal to the county’s proportion of the state population multiplied by the amount remaining in the appropriation under s. 20.625 (1) (d) after the payments are made under subds. 1. and 2.

SB45-SSA2-SA8,53 Section 53. 758.19 (5) (bm) of the statutes is created to read:

SB45-SSA2-SA8,15,19 758.19 (5) (bm) No later than July 1, 2026, from the appropriation under s. 20.625 (1) (d), the director of state courts shall make payments to counties totaling $35,000,000, which the director of state courts shall distribute as follows:

SB45-SSA2-SA8,15,20 1. For each circuit court branch in the county, $74,500.

SB45-SSA2-SA8,15,22 2. In addition to the payment under subd. 1., for each county with one or fewer circuit court branches, $17,600.

SB45-SSA2-SA8,16,2 3. In addition to the payment under subd. 1., for each county with more than one circuit court branch, a payment equal to the county’s proportion of the state population multiplied by the amount remaining in the appropriation under s. 20.625 (1) (d) after the payments are made under subds. 1. and 2.

SB45-SSA2-SA8,54 Section 54. 758.19 (5) (bn) of the statutes is created to read:

SB45-SSA2-SA8,16,7 758.19 (5) (bn) No later than January 1, 2027, and by every January 1 and July 1 thereafter, from the appropriation under s. 20.625 (1) (d), the director of state courts shall make payments to counties totaling $35,000,000, which the director of state courts shall distribute as follows:

SB45-SSA2-SA8,16,8 1. For each circuit court branch in the county, $74,500.

SB45-SSA2-SA8,16,10 2. In addition to the payment under subd. 1., for each county with one or fewer circuit court branches, $17,600.

SB45-SSA2-SA8,16,14 3. If, after the payments are made under subds. 1. and 2., the total of a county’s payments equals less than 50 percent of the sum the county received as grants in calendar year 2026 under s. 165.95, 2023 stats., and s. 165.955, 2023 stats., an additional payment for such a difference.

SB45-SSA2-SA8,16,18 4. In addition to the payments under subds. 1. and 3., for each county with more than one circuit court branch, a payment equal to the county’s proportion of the state population multiplied by the amount remaining in the appropriation under s. 20.625 (1) (d) after the payments are made under subds. 1., 2., and 3.

SB45-SSA2-SA8,55 Section 55. 758.19 (5) (d) of the statutes is created to read:

SB45-SSA2-SA8,16,23 758.19 (5) (d) For payments under pars. (b), (bf), (bm), and (bn), for counties that share the services of one or more circuit court branches, the director of state courts shall annually determine the proportional share of that circuit court branch for each county on the basis of the circuit court branch caseload in each county.

SB45-SSA2-SA8,56 Section 56. 758.19 (5) (g) of the statutes is created to read:

SB45-SSA2-SA8,17,4 758.19 (5) (g) A county that fails to meet the requirements under s. 165.95 (2m) is not eligible for a payment under par. (bn) until the county establishes an alternatives to prosecution and incarceration program described under s. 165.95 (3).

SB45-SSA2-SA8,57 Section 57. 961.385 (2) (cm) 3. b. of the statutes is amended to read:

SB45-SSA2-SA8,17,9 961.385 (2) (cm) 3. b. The state board or agency, agency of another state, law enforcement agency, or prosecutorial unit makes a written request for the record and is monitoring the patient as part of a drug court, as defined in s. 165.955 (1), 2023 stats.

SB45-SSA2-SA8,58 Section 58. 961.41 (5) (c) 2. of the statutes is amended to read:

SB45-SSA2-SA8,17,14 961.41 (5) (c) 2. All moneys in excess of $850,000 and up to $1,275,000 plus one-third of moneys in excess of $1,275,000 collected in each fiscal year from drug surcharges under this subsection shall be credited to the appropriation account under s. 20.455 (2) (kv) 20.625 (1) (kv).

SB45-SSA2-SA8,59 Section 59. 961.472 (5) (b) of the statutes is amended to read:

SB45-SSA2-SA8,17,18 961.472 (5) (b) The person is participating in a substance abuse treatment program that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).

SB45-SSA2-SA8,60 Section 60. 967.11 (1) of the statutes is amended to read:

SB45-SSA2-SA8,17,22 967.11 (1) In this section, “approved substance abuse treatment program” means a substance abuse treatment program that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).

SB45-SSA2-SA8,61 Section 61. 973.043 (3) of the statutes is amended to read:

SB45-SSA2-SA8,18,3 973.043 (3) All moneys collected from drug offender diversion surcharges shall be credited to the appropriation account under s. 20.455 (2) (kv) 20.625 (1) (kv) and used for the purpose of making grants payments to counties under that comply with the criteria specified in s. 165.95 (3).

SB45-SSA2-SA8,62 Section 62. 973.155 (1m) of the statutes is amended to read:

SB45-SSA2-SA8,18,9 973.155 (1m) A convicted offender shall be given credit toward the service of his or her sentence for all days spent in custody as part of a substance abuse treatment program that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10), for any offense arising out of the course of conduct that led to the person’s placement in that program.

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

SB45-SSA2-SA8,18,17 (1) Alternatives to prosecution and incarceration grant program. Notwithstanding s. 16.42 (1) (e), in submitting information under s. 16.42 for purposes of the 2027 biennial budget act, the department of administration shall submit information concerning the appropriation under s. 20.505 (1) (cb) as though the total amount appropriated under s. 20.505 (1) (cb) for the 2026-27 fiscal year was $142,500 more than the total amount that was actually appropriated under s. 20.505 (1) (cb) for the 2026-27 fiscal year.

SB45-SSA2-SA8,9127 Section 9127. Nonstatutory provisions; Justice.

SB45-SSA2-SA8,18,21 (1) Alternatives to prosecution and incarceration grant program. Notwithstanding s. 165.95 (7) and (7m), the department of justice may not make any grants for the calendar year beginning January 1, 2027.

SB45-SSA2-SA8,9401 Section 9401. Effective dates; Administration.

SB45-SSA2-SA8,18,24 (1) Alternatives to prosecution and incarceration grant program. The treatment of ss. 16.075 and 20.505 (1) (cb) takes effect on January 1, 2027.

SB45-SSA2-SA8,9407 Section 9407. Effective dates; Circuit Courts.

SB45-SSA2-SA8,19,4 (1) Alternatives to prosecution and incarceration grant program. The treatment of ss. 758.19 (5) (g) and 961.385 (2) (cm) 3. b. takes effect on January 1, 2027.

SB45-SSA2-SA8,9427 Section 9427. Effective dates; Justice.

SB45-SSA2-SA8,19,11 (1) Alternatives to prosecution and incarceration and drug court grant programs. The treatment of ss. 20.455 (2) (eg), (em), (jd), (kn), and (kv), 20.505 (1) (id) 5., 46.47 (1) (b), 165.25 (10m) (intro.), 165.95 (title), (1) (ac), (2), (2m), (2r), (3) (intro.), (a), (ag), (b), (bd), (cm) 2., (d), (e), (g), (h), (i), (j), and (k), (5) (a), (b), and (bg), (5m), (5p) (a) and (b), (6), (7), (7m), (8), (9), and (10), 165.955, 961.41 (5) (c) 2., and 973.043 (3) take effect on January 1, 2027.”.

SB45-SSA2-SA8,19,12 10. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,19,13 “Section 63. 165.83 (2) (d) of the statutes is amended to read:

SB45-SSA2-SA8,19,15 165.83 (2) (d) Obtain Except as provided in par. (dd), obtain and file information relating to identifiable stolen or lost property.

SB45-SSA2-SA8,64 Section 64. 165.83 (2) (dd) of the statutes is created to read:

SB45-SSA2-SA8,19,22 165.83 (2) (dd) 1. If a law enforcement agency forwards a file under s. 175.36 (2) (a) 2. to the department, enter the information into the national crime information center systems and put the file in a database that is created for stolen or lost firearms and make the database available to law enforcement agencies for the purpose of locating and identifying stolen or lost firearms and identifying violators of s. 175.36 (1).

SB45-SSA2-SA8,20,3 2. If a law enforcement agency notifies the department under s. 175.36 (2) (b) that a stolen or lost firearm has been recovered, enter that information into the national crime information center systems and add to the database a notation that the firearm has been recovered and the date on which it was recovered.

SB45-SSA2-SA8,65 Section 65. 175.36 of the statutes is created to read:

SB45-SSA2-SA8,20,8 175.36 Reporting stolen or lost firearm. (1) (a) A person who owns a firearm and who discovers that the firearm is stolen or lost shall, within 24 hours of the discovery, report the theft or loss to a law enforcement agency that has jurisdiction over the area in which the firearm was stolen or lost.

SB45-SSA2-SA8,20,11 (b) If a person who has reported a theft or loss under par. (a) recovers the firearm, the person shall report as soon as practicable to a law enforcement agency the date on which the firearm was recovered.

SB45-SSA2-SA8,20,13 (2) (a) A law enforcement agency that receives under sub. (1) (a) a report of a stolen or lost firearm shall do all of the following:

SB45-SSA2-SA8,20,18 1. Create a file that includes, if known, the date on which the firearm was stolen or lost; the caliber, make, and model of the firearm; the serial number of the firearm; any distinguishing mark on the firearm; and the location at which the firearm was purchased by, or transferred to, the person making the report under sub. (1) (a).

SB45-SSA2-SA8,20,20 2. As soon as practicable, forward a copy of the file created under subd. 1. to the department of justice for inclusion in a database under s. 165.83 (2) (dd).

SB45-SSA2-SA8,20,23 (b) A law enforcement agency that receives under sub. (1) (b) a report of a recovered firearm shall report to the department of justice the date on which the firearm was recovered.

SB45-SSA2-SA8,21,2 (3) A person who reports under sub. (1) (a) a stolen or lost firearm, when he or she knows that the report is false, is guilty of violating s. 946.41.

SB45-SSA2-SA8,21,3 (4) A person who violates sub. (1) (a) is guilty of one of the following:

SB45-SSA2-SA8,21,4 (a) For a first offense, a Class A misdemeanor.

SB45-SSA2-SA8,21,5 (b) For a 2nd or subsequent offense, a Class I felony.

SB45-SSA2-SA8,66 Section 66. 175.37 (title) of the statutes is amended to read:

SB45-SSA2-SA8,21,8 175.37 (title) Warning Requirements whenever transferring a firearm.

SB45-SSA2-SA8,67 Section 67. 175.37 (1) of the statutes is renumbered 175.37 (1) (intro.) and amended to read:

SB45-SSA2-SA8,21,13 175.37 (1) (intro.) Upon the retail commercial sale or retail commercial transfer of any firearm, the seller or transferor shall provide to the buyer or transferee all of the following:

SB45-SSA2-SA8,21,18 (a) A written warning in block letters not less than one-fourth inch in height: “IF YOU LEAVE A LOADED FIREARM WITHIN THE REACH OR EASY ACCESS OF A CHILD YOU MAY BE FINED OR IMPRISONED OR BOTH IF THE CHILD IMPROPERLY DISCHARGES, POSSESSES OR EXHIBITS THE FIREARM.”

SB45-SSA2-SA8,68 Section 68. 175.37 (1) (b) of the statutes is created to read:

SB45-SSA2-SA8,21,21 175.37 (1) (b) A secure, lockable container that is designed to store a firearm or a trigger lock for the firearm.

SB45-SSA2-SA8,69 Section 69. 175.37 (1) (c) of the statutes is created to read:

SB45-SSA2-SA8,22,2 175.37 (1) (c) A written notice of the requirements under s. 175.36 (1) and of the penalties under s. 175.36 (4).

SB45-SSA2-SA8,70 Section 70. 939.6195 (1) (a) 1. of the statutes is amended to read:

SB45-SSA2-SA8,22,4 939.6195 (1) (a) 1. A violation of s. 941.29 or, 941.2905, or 941.293.

SB45-SSA2-SA8,71 Section 71. 941.285 of the statutes is created to read:

SB45-SSA2-SA8,22,11 941.285 Possession of firearm accessories that accelerate the rate of fire. (1) No person may import, sell or offer to sell, purchase, manufacture, transfer, use, or possess a trigger crank, a bump-fire device, or any part, combination of parts, component, device, attachment, or accessory that is added after manufacture that is designed to accelerate or functions to accelerate the rate of fire of a semiautomatic firearm.

SB45-SSA2-SA8,22,12 (2) Any person violating sub. (1) is guilty of a Class G felony.

SB45-SSA2-SA8,22,15 (3) Subsection (1) does not apply to importation, sale, purchase, manufacture, transfer, use, or possession by or under the authority of the federal government or a state or local government.

SB45-SSA2-SA8,72 Section 72. 941.29 (1g) (a) of the statutes is amended to read:

SB45-SSA2-SA8,23,2 941.29 (1g) (a) “Violent felony” means any felony under s. 943.23 (1m), 1999 stats., s. 943.23 (1r), 1999 stats., or s. 943.23 (1g), 2021 stats., this section sub. (1m), or s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.198, 940.20, 940.201, 940.203, 940.204, 940.21, 940.225, 940.23, 940.235, 940.285 (2), 940.29, 940.295 (3), 940.30, 940.302, 940.305, 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20, 941.26, 941.28, 941.285, 941.2905, 941.292, 941.293, 941.30, 941.327 (2) (b) 3. or 4., 943.02, 943.04, 943.06, 943.10 (2), 943.231 (1), 943.32, 943.87, 946.43, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 948.07, 948.08, 948.085, or 948.30.

SB45-SSA2-SA8,73 Section 73. 941.29 (3m) of the statutes is created to read:

SB45-SSA2-SA8,23,8 941.29 (3m) (a) A person who resides with a person who is prohibited under sub. (1m) from possessing a firearm shall, when not carrying the firearm, store any firearm he or she possesses in a securely locked box or container or in a locked location that a reasonable person would believe to be secure or ensure that a trigger lock is engaged on the firearm.

SB45-SSA2-SA8,23,9 (b) A person who violates par. (a) is guilty of the following:

SB45-SSA2-SA8,23,10 1. For a first violation, a Class A misdemeanor.