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Please see http://docs.legis.wisconsin.gov for the production version.
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.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1140,1 1Section 1. 6.47 (1) (b) of the statutes is amended to read:
AB1140,11,52 6.47 (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, 948.02,
5948.025, 948.06, 948.085, 948.09, or 948.095.
AB1140,2 6Section 2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
7the following amounts for the purposes indicated: - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF
AB1140,3 1Section 3 . 20.455 (2) (cs) of the statutes is created to read:
AB1140,12,42 20.455 (2) (cs) Community policing and community prosecution grant program.
3The amounts in the schedule for the community policing and community prosecution
4grant program under 2021 Wisconsin Act .... (this act), section 164 (4).
AB1140,4 5Section 4 . 20.455 (2) (cs) of the statutes, as created by 2021 Wisconsin Act ....
6(this act), is repealed.
AB1140,5 7Section 5 . 20.455 (2) (ct) of the statutes is created to read:
AB1140,12,108 20.455 (2) (ct) Officer recruitment, retention, and wellness grant program. The
9amounts in the schedule for the officer recruitment, retention, and wellness grant
10program under 2021 Wisconsin Act .... (this act), section 164 (5).
AB1140,6 11Section 6 . 20.455 (2) (ct) of the statutes, as created by 2021 Wisconsin Act ....
12(this act), is repealed.
AB1140,7 13Section 7 . 20.455 (2) (dm) of the statutes is created to read:
AB1140,12,1614 20.455 (2) (dm) Violence prevention grants. The amounts in the schedule for
15the violence prevention grant program under 2021 Wisconsin Act .... (this act),
16section 164 (3).
AB1140,8 17Section 8 . 20.455 (2) (dm) of the statutes, as created by 2021 Wisconsin Act
18.... (this act), is repealed.
AB1140,9 19Section 9. 20.455 (2) (em) (title) of the statutes is amended to read:
AB1140,12,2120 20.455 (2) (em) (title) Alternatives Grants for alternatives to prosecution and
21incarceration
for persons who use alcohol or other drugs; presentencing assessments.
AB1140,10
1Section 10. 20.455 (2) (gr) of the statutes is amended to read:
AB1140,13,52 20.455 (2) (gr) Handgun Firearm purchaser record check; checks for licenses or
3certifications to carry concealed weapons.
All moneys received as fee payments under
4ss. 175.35 (2i) (a), 175.49 (5m), and 175.60 (7) (c) and (d), (13), and (15) (b) 4. a. and
5b. to provide services under ss. 175.35, 175.49, and 175.60.
AB1140,11 6Section 11 . 20.455 (5) (dm) of the statutes is created to read:
AB1140,13,87 20.455 (5) (dm) Address confidentiality program. The amounts in the schedule
8for the address confidentiality program under s. 165.68.
AB1140,12 9Section 12 . 46.48 (31) of the statutes is amended to read:
AB1140,13,1310 46.48 (31) Peer run respite centers. The department may distribute not more
11than $1,200,000 in each fiscal year, beginning in fiscal year 2014-15,
grants to
12regional peer run respite centers for individuals with mental health and substance
13abuse concerns.
AB1140,13 14Section 13 . 46.536 of the statutes is amended to read:
AB1140,13,21 1546.536 Crisis program enhancement grants. From the appropriation
16under s. 20.435 (5) (cf), the department shall award grants in the total amount of
17$250,000 $15,000,000 in each fiscal biennium to counties or regions comprised of
18multiple counties to establish or enhance crisis programs to serve individuals having
19crises in rural areas. The department shall award a grant under this section in an
20amount equal to one-half the amount of money the county or region provides to
21establish or enhance crisis programs
.
AB1140,14 22Section 14. 48.685 (2) (bb) of the statutes is amended to read:
AB1140,14,1423 48.685 (2) (bb) If information obtained under par. (am), (b), or (ba) indicates a
24charge of a serious crime, but does not completely and clearly indicate the final
25disposition of the charge, the department, county department, child welfare agency,

1or entity shall make every reasonable effort to contact the clerk of courts to determine
2the final disposition of the charge. If a background information form under sub. (6)
3(a) or (am) indicates a charge or a conviction of a serious crime, but information
4obtained under par. (am), (b), or (ba) does not indicate such a charge or conviction,
5the department, county department, child welfare agency, or entity shall make every
6reasonable effort to contact the clerk of courts to obtain a copy of the criminal
7complaint and the final disposition of the complaint. If information obtained under
8par. (am), (b), or (ba), a background information form under sub. (6) (a) or (am), or
9any other information indicates a conviction of a violation of s. 940.19 (1), 940.195,
10940.20, 940.202, 941.30, 942.08, 947.01 (1), or 947.013 obtained not more than 5
11years before the date on which that information was obtained, the department,
12county department, child welfare agency, or entity shall make every reasonable
13effort to contact the clerk of courts to obtain a copy of the criminal complaint and
14judgment of conviction relating to that violation.
AB1140,15 15Section 15. 48.685 (5) (bm) 4. of the statutes is amended to read:
AB1140,14,2216 48.685 (5) (bm) 4. A violation of s. 940.19 (3), 1999 stats., or of s. 125.075 (1),
17125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5),
18or (6), 940.20, 940.202, 940.203, 940.205, 940.207, or 940.25, 940.43 (2m) (a) or (3m),
19or 940.44 (2m) (a),
a violation of s. 346.63 (1), (2), (5), or (6) that is a felony under s.
20346.65 (2) (am) 4. to 7., or (f), (2j) (d), or (3m), or an offense under ch. 961 that is a
21felony, if committed not more than 5 years before the date of the investigation under
22sub. (2) (am).
AB1140,16 23Section 16. 48.686 (1) (c) 9. of the statutes is amended to read:
AB1140,15,324 48.686 (1) (c) 9. A violation of s. 125.075 (1), 125.085 (3) (a) 2., 125.105 (2) (b),
25125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5), or (6), 940.20, 940.202, 940.203,

1940.205, 940.207, 940.25, or 943.23 (1g), a violation of s. 346.63 (1), (2), (5), or (6) that
2is a felony under s. 346.65 (2) (am) 4., 5., 6., or 7. or (f), (2j) (d), or (3m), or an offense
3under ch. 961 that is a felony.
AB1140,17 4Section 17. 48.686 (1) (c) 12. of the statutes is amended to read:
AB1140,15,95 48.686 (1) (c) 12. A violation of the laws of another state or United States
6jurisdiction that if committed in this state would constitute felony battery under s.
7940.19 (2), (4), (5), or (6) or, 940.20, or 940.202, a felony offense of domestic abuse, as
8defined in s. 813.12 (1) (am), a sex offense or a violent crime under ch. 948, or a
9violation of s. 940.225 if the victim was a child.
AB1140,18 10Section 18. 48.686 (2) (bb) of the statutes is amended to read:
AB1140,15,2411 48.686 (2) (bb) If information obtained under par. (am) indicates a charge of a
12serious crime, but does not completely and clearly indicate the final disposition of the
13charge, the department shall make every reasonable effort to contact the clerk of
14courts to determine the final disposition of the charge. If information submitted to
15the department under par. (ag) indicates a charge or a conviction of a serious crime,
16but information obtained under par. (am) does not indicate such a charge or
17conviction, the department shall make every reasonable effort to contact the clerk
18of courts to obtain a copy of the criminal complaint and the final disposition of the
19complaint. If information obtained under par. (am), information submitted under
20par. (ag), or any other information indicates a conviction of a violation of s. 940.19 (1),
21940.195, 940.20, 940.202, 941.30, 942.08, 947.01 (1), or 947.013 obtained not more
22than 5 years before the date on which that information was obtained, the department
23shall make every reasonable effort to contact the clerk of courts to obtain a copy of
24the criminal complaint and judgment of conviction relating to that violation.
AB1140,19 25Section 19. 50.065 (2) (bb) of the statutes is amended to read:
AB1140,16,17
150.065 (2) (bb) If information obtained under par. (am) or (b) indicates a charge
2of a serious crime, but does not completely and clearly indicate the final disposition
3of the charge, the department or entity shall make every reasonable effort to contact
4the clerk of courts to determine the final disposition of the charge. If a background
5information form under sub. (6) (a) or (am), or any disclosure made pursuant to a
6disclosure policy described under sub. (6) (am), indicates a charge or a conviction of
7a serious crime, but information obtained under par. (am) or (b) does not indicate
8such a charge or conviction, the department or entity shall make every reasonable
9effort to contact the clerk of courts to obtain a copy of the criminal complaint and the
10final disposition of the complaint. If information obtained under par. (am) or (b), a
11background information form under sub. (6) (a) or (am), any disclosure made
12pursuant to a disclosure policy described under sub. (6) (am), or any other
13information indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20,
14940.202, 941.30, 942.08, 947.01 (1), or 947.013 obtained not more than 5 years before
15the date on which that information was obtained, the department or entity shall
16make every reasonable effort to contact the clerk of courts to obtain a copy of the
17criminal complaint and judgment of conviction relating to that violation.
AB1140,20 18Section 20 . 165.63 (3) of the statutes is amended to read:
AB1140,16,2219 165.63 (3) Requests from courts. In making a determination required under
20s. 813.124 (7) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1., a judge or court commissioner
21shall request information under sub. (2) from the department or from a law
22enforcement agency or law enforcement officer as provided in sub. (4) (d).
AB1140,21 23Section 21 . 165.63 (4) (d) of the statutes is amended to read:
AB1140,17,3
1165.63 (4) (d) Aid the court in making a determination required under s.
2813.124 (7) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1. or aid an entity in making a
3determination required under s. 968.20 (1m) (d) 2.
AB1140,22 4Section 22. 165.70 (1) (b) of the statutes is amended to read:
AB1140,17,85 165.70 (1) (b) Except as provided in sub. (1m), enforce chs. 945 and 961 and ss.
6940.20 (3), 940.201, 940.202, 940.43 (3m), 941.25, 941.26, 943.01 (2) (c), 943.011,
7943.27, 943.28, 943.30, 944.30 (1m), 944.31, 944.32, 944.33, 944.34, 946.65, 947.02
8(3) and (4), 948.075, 948.08, and 948.081.
AB1140,23 9Section 23 . 165.73 of the statutes is created to read:
AB1140,17,11 10165.73 Hate crimes reporting. (1) In this section, “hate crime” means an
11act described under s. 939.645 (1).
AB1140,17,15 12(2) The department of justice shall provide a publicly accessible
13Internet-based reporting system and a telephone hotline for the reporting of hate
14crimes. The department of justice shall ensure that the reporting system and hotline
15do all of the following:
AB1140,17,1716 (a) Relay a report of a hate crime to the appropriate employee of the department
17or law enforcement officer for investigation.
AB1140,17,1818 (b) Direct individuals to appropriate local support services.
AB1140,17,2119 (c) Maintain confidentiality for any personally identifiable information that an
20individual provides through the reporting system or hotline, except as needed for
21investigative, legal, or crime victims service purposes.
AB1140,17,2422 (d) Are staffed by individuals who are trained to be knowledgeable about
23applicable federal, state, and local hate crime laws and law enforcement and support
24services.
AB1140,18,4
1(3) The department of justice shall collaborate with community organizations
2to provide a public education campaign to raise awareness of hate crimes and to
3promote the reporting of hate crimes using the reporting system and hotline
4described in sub. (2).
AB1140,18,6 5(4) The department of justice shall collect data on hate crime reporting under
6sub. (2).
AB1140,18,9 7(5) The department of justice shall, biennially, submit a report to the
8appropriate standing committees of the legislature under s. 13.172 (3) on the
9department's activities under this section.
AB1140,24 10Section 24. 165.84 (7) (ab) 1. of the statutes, as affected by 2021 Wisconsin Act
1176
, is amended to read:
AB1140,18,1712 165.84 (7) (ab) 1. A felony violation of s. 940.01, 940.05, 940.198 (2), 940.21,
13940.225 (1), (2), or (3), 940.235, 940.30, 940.302 (2), 940.305, 940.31, 940.32 (2), (2e),
14or (2m), 940.43, 940.45 (1m) or (2m), 940.44, 941.20, 941.21, 941.327, 943.02, 943.06,
15943.10, 943.23 (1g) or (2), 943.32, 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c) or (5)
16(a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.07, 948.08, 948.085, 948.095, or
17948.30 (2).
AB1140,25 18Section 25. 165.84 (7) (ab) 2. of the statutes is amended to read:
AB1140,18,2219 165.84 (7) (ab) 2. A felony violation of s. 940.02, 940.03, 940.06, 940.07, 940.08,
20940.09 (1c), 940.10, 940.19 (2), (4), (5), or (6), 940.195 (2), (4), (5), or (6), 940.20,
21940.201 (2) 940.202, 940.203 (2), 940.205 (2), 940.207 (2), 940.208, 940.23, 940.43
22(3m),
941.30, or 948.03 (3) or (5) (a) 4.
AB1140,26 23Section 26. 165.95 (title) of the statutes is amended to read:
AB1140,18,25 24165.95 (title) Alternatives to prosecution and incarceration; grant
25program.
AB1140,27
1Section 27 . 165.95 (1) (ac) of the statutes is created to read:
AB1140,19,42 165.95 (1) (ac) “Evidence-based practice" means a practice that has been
3developed using research to determine its efficacy for achieving positive measurable
4outcomes, including reducing recidivism and increasing public safety.
AB1140,28 5Section 28 . 165.95 (2) of the statutes is amended to read:
AB1140,19,136 165.95 (2) The department of justice shall make grants to counties and to tribes
7to enable them to establish and operate programs, including suspended and deferred
8prosecution programs and programs based on principles of restorative justice, that
9provide alternatives to prosecution and incarceration for criminal offenders who
10abuse alcohol or other drugs. The department of justice shall make the grants from
11the appropriations under s. 20.455 (2) (ek), (em), (jd), (kn), and (kv). The department
12of justice shall collaborate with the departments of corrections and health and family
13services in establishing this grant program.
AB1140,29 14Section 29. 165.95 (2r) of the statutes is amended to read:
AB1140,19,1715 165.95 (2r) Any county or tribe that receives a grant under this section on or
16after January 1, 2012,
shall provide matching funds that are equal to 25 10 percent
17of the amount of the grant.
AB1140,30 18Section 30. 165.95 (3) (a) of the statutes is repealed.
AB1140,31 19Section 31 . 165.95 (3) (ag) of the statutes is created to read:
AB1140,19,2320 165.95 (3) (ag) The program operates within the continuum from arrest to
21discharge from supervision and provides an alternative to prosecution, revocation,
22or incarceration through the use of pre-charge and post-charge diversion programs
23or treatment courts and community-based corrections.
AB1140,32 24Section 32 . 165.95 (3) (b) of the statutes is amended to read:
AB1140,20,6
1165.95 (3) (b) The program employs evidence-based practices and is designed
2to promote and facilitate the implementation of effective criminal justice policies and
3practices that maximize justice and
public and victim safety, reduce prison and jail
4populations, reduce prosecution and incarceration costs, and reduce recidivism, and
5improve the welfare of participants' families by meeting the comprehensive needs of
6participants
.
AB1140,33 7Section 33 . 165.95 (3) (bd) of the statutes is created to read:
AB1140,20,108 165.95 (3) (bd) The program identifies each target population served by the
9program and identifies the evidence-based practices the program employs for each
10target population it serves.
AB1140,34 11Section 34 . 165.95 (3) (cm) 2. of the statutes is created to read:
AB1140,20,1712 165.95 (3) (cm) 2. If the program is administered by a tribe, the criminal justice
13oversight committee shall consist of a representative of the judiciary, a
14representative of criminal prosecution and criminal defense, a social services
15provider, a behavioral health treatment provider, a law enforcement officer, a
16representative of corrections, and other members that the oversight committee
17determines are appropriate to the program.
AB1140,35 18Section 35. 165.95 (3) (d) of the statutes is amended to read:
AB1140,20,2219 165.95 (3) (d) Services provided under the program are consistent with
20evidence-based practices in substance abuse and mental health treatment, as
21determined by the department of health services,
and the program provides
22intensive case management.
AB1140,36 23Section 36. 165.95 (3) (e) of the statutes is amended to read:
AB1140,20,2524 165.95 (3) (e) The program uses graduated sanctions and incentives to promote
25successful substance abuse treatment success.
AB1140,37
1Section 37. 165.95 (3) (g) of the statutes is amended to read:
AB1140,21,92 165.95 (3) (g) The program is designed to integrate all mental health services
3provided to program participants by state and local government agencies , tribes, and
4other organizations. The program shall require regular communication and
5coordination
among a participant's substance abuse treatment providers, other
6service providers, the case manager, and any person designated under the program
7to monitor the person's compliance with his or her obligations under the program,
8and any probation, extended supervision, and parole agent assigned to the
9participant.
AB1140,38 10Section 38 . 165.95 (3) (h) of the statutes is amended to read:
AB1140,21,1411 165.95 (3) (h) The program provides substance abuse and mental health
12treatment
services through providers that who use evidence-based practices in the
13delivery of services and, where applicable, who
are certified by the department of
14health services
or licensed to provide the services approved under the program.
AB1140,39 15Section 39 . 165.95 (3) (i) of the statutes is renumbered 165.95 (3d) and
16amended to read:
AB1140,21,2117 165.95 (3d) The A program requires that receives a grant under this section
18may require
participants to pay a reasonable amount for their treatment, based on
19their income and available assets, and pursues and uses all possible resources
20available through insurance and federal, state, and local aid programs, including
21cash, vouchers, and direct services.
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