SB1091: Bill Text

Increasing position authorizations for Department of Justice programs

The bill provides to DOJ the following position authorizations:

1. Five additional positions for the alternatives to prosecution and incarceration grant program.

2. Two additional positions for law enforcement officer training and wellness initiatives.

3. Four additional positions for law enforcement toxicology services.

4. Two new investigators in the Division of Criminal Investigation.

5. Two additional assistant attorney general positions to prosecute violent crimes.

6. Two positions for the Task Force on Missing and Murdered Indigenous Women.

The bill also converts to permanent positions 2.0 full-time GPR attorney project positions that assist the Division of Criminal Investigation in Wausau and Appleton and assist district attorneys in prosecuting drug-related offenses.

Funding and positions for the Office of School Safety

The bill provides funding and authorization for several project positions that, under current law, are funded with federal funds and are set to expire and for several new positions in the Office of School Safety in DOJ. The new positions include four resources center analyst positions for the Speak Up, Speak Out program. The bill also provides 4,160 hours of funding in the 2021-22 fiscal year and the same amount in the 2022-23 fiscal year for limited-term employees to review materials submitted by schools in accordance with 2017 Wisconsin Act 143. That act required schools to submit guidelines and procedures to address school violence, attacks, and threats, individual safety plans for each school building and facility, and blueprints of each school building and facility.

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 in amounts that are half of the amount the counties or regions provide to establish or enhance the program. The bill eliminates the limitation that the grants be related to rural areas and the requirement that the county or region provide moneys itself in order to receive a grant. The bill increases the amount of funding for the program from $250,000 per fiscal biennium of general purpose revenue 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 also 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 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.

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:

SB1091,1 Section 1. 6.47 (1) (b) of the statutes is amended to read:

SB1091,11,5 6.47 (1) (b) “Offense relating to domestic abuse, sexual assault, or stalking" means an offense specified in s. 940.19, 940.20 (1m), 940.201, 940.22, 940.225, 940.235, 940.32, 940.43 (2m) (a) to (c) or (3m), 940.44 (2m) (a) to (c), 947.013, 948.02, 948.025, 948.06, 948.085, 948.09, or 948.095.

SB1091,2 Section 2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table - See PDF for table - See PDF for table - See PDF for table

SB1091,3 Section 3 . 20.455 (2) (cs) of the statutes is created to read:

SB1091,12,4 20.455 (2) (cs) Community policing and community prosecution grant program. The amounts in the schedule for the community policing and community prosecution grant program under 2021 Wisconsin Act .... (this act), section 164 (4).

SB1091,4 Section 4 . 20.455 (2) (cs) of the statutes, as created by 2021 Wisconsin Act .... (this act), is repealed.

SB1091,5 Section 5 . 20.455 (2) (ct) of the statutes is created to read:

SB1091,12,10 20.455 (2) (ct) Officer recruitment, retention, and wellness grant program. The amounts in the schedule for the officer recruitment, retention, and wellness grant program under 2021 Wisconsin Act .... (this act), section 164 (5).

SB1091,6 Section 6 . 20.455 (2) (ct) of the statutes, as created by 2021 Wisconsin Act .... (this act), is repealed.

SB1091,7 Section 7 . 20.455 (2) (dm) of the statutes is created to read:

SB1091,12,16 20.455 (2) (dm) Violence prevention grants. The amounts in the schedule for the violence prevention grant program under 2021 Wisconsin Act .... (this act), section 164 (3).

SB1091,8 Section 8 . 20.455 (2) (dm) of the statutes, as created by 2021 Wisconsin Act .... (this act), is repealed.

SB1091,9 Section 9. 20.455 (2) (em) (title) of the statutes is amended to read:

SB1091,12,21 20.455 (2) (em) (title) Alternatives Grants for alternatives to prosecution and incarceration for persons who use alcohol or other drugs; presentencing assessments.

SB1091,10 Section 10. 20.455 (2) (gr) of the statutes is amended to read:

SB1091,13,5 20.455 (2) (gr) Handgun Firearm purchaser record check; checks for licenses or certifications to carry concealed weapons. All moneys received as fee payments under ss. 175.35 (2i) (a), 175.49 (5m), and 175.60 (7) (c) and (d), (13), and (15) (b) 4. a. and b. to provide services under ss. 175.35, 175.49, and 175.60.

SB1091,11 Section 11 . 20.455 (5) (dm) of the statutes is created to read:

SB1091,13,8 20.455 (5) (dm) Address confidentiality program. The amounts in the schedule for the address confidentiality program under s. 165.68.

SB1091,12 Section 12 . 46.48 (31) of the statutes is amended to read:

SB1091,13,13 46.48 (31) Peer run respite centers. The department may distribute not more than $1,200,000 in each fiscal year, beginning in fiscal year 2014-15, grants to regional peer run respite centers for individuals with mental health and substance abuse concerns.

SB1091,13 Section 13 . 46.536 of the statutes is amended to read:

SB1091,13,21 46.536 Crisis program enhancement grants. From the appropriation under s. 20.435 (5) (cf), the department shall award grants in the total amount of $250,000 $15,000,000 in each fiscal biennium to counties or regions comprised of multiple counties to establish or enhance crisis programs to serve individuals having crises in rural areas. The department shall award a grant under this section in an amount equal to one-half the amount of money the county or region provides to establish or enhance crisis programs.

SB1091,14 Section 14. 48.685 (2) (bb) of the statutes is amended to read:

SB1091,14,14 48.685 (2) (bb) If information obtained under par. (am), (b), or (ba) indicates a charge of a serious crime, but does not completely and clearly indicate the final disposition of the charge, the department, county department, child welfare agency, or entity shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge. If a background information form under sub. (6) (a) or (am) indicates a charge or a conviction of a serious crime, but information obtained under par. (am), (b), or (ba) does not indicate such a charge or conviction, the department, county department, child welfare agency, or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint. If information obtained under par. (am), (b), or (ba), a background information form under sub. (6) (a) or (am), or any other information indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20, 940.202, 941.30, 942.08, 947.01 (1), or 947.013 obtained not more than 5 years before the date on which that information was obtained, the department, county department, child welfare agency, or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.

SB1091,15 Section 15. 48.685 (5) (bm) 4. of the statutes is amended to read:

SB1091,14,22 48.685 (5) (bm) 4. A violation of s. 940.19 (3), 1999 stats., or of s. 125.075 (1), 125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5), or (6), 940.20, 940.202, 940.203, 940.205, 940.207, or 940.25, 940.43 (2m) (a) or (3m), or 940.44 (2m) (a), a violation of s. 346.63 (1), (2), (5), or (6) that is a felony under s. 346.65 (2) (am) 4. to 7., or (f), (2j) (d), or (3m), or an offense under ch. 961 that is a felony, if committed not more than 5 years before the date of the investigation under sub. (2) (am).

SB1091,16 Section 16. 48.686 (1) (c) 9. of the statutes is amended to read:

SB1091,15,3 48.686 (1) (c) 9. A violation of s. 125.075 (1), 125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5), or (6), 940.20, 940.202, 940.203, 940.205, 940.207, 940.25, or 943.23 (1g), a violation of s. 346.63 (1), (2), (5), or (6) that is a felony under s. 346.65 (2) (am) 4., 5., 6., or 7. or (f), (2j) (d), or (3m), or an offense under ch. 961 that is a felony.

SB1091,17 Section 17. 48.686 (1) (c) 12. of the statutes is amended to read:

SB1091,15,9 48.686 (1) (c) 12. A violation of the laws of another state or United States jurisdiction that if committed in this state would constitute felony battery under s. 940.19 (2), (4), (5), or (6) or, 940.20, or 940.202, a felony offense of domestic abuse, as defined in s. 813.12 (1) (am), a sex offense or a violent crime under ch. 948, or a violation of s. 940.225 if the victim was a child.

SB1091,18 Section 18. 48.686 (2) (bb) of the statutes is amended to read:

SB1091,15,24 48.686 (2) (bb) If information obtained under par. (am) indicates a charge of a serious crime, but does not completely and clearly indicate the final disposition of the charge, the department shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge. If information submitted to the department under par. (ag) indicates a charge or a conviction of a serious crime, but information obtained under par. (am) does not indicate such a charge or conviction, the department shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint. If information obtained under par. (am), information submitted under par. (ag), or any other information indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20, 940.202, 941.30, 942.08, 947.01 (1), or 947.013 obtained not more than 5 years before the date on which that information was obtained, the department shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.

SB1091,19 Section 19. 50.065 (2) (bb) of the statutes is amended to read:

SB1091,16,17 50.065 (2) (bb) If information obtained under par. (am) or (b) indicates a charge of a serious crime, but does not completely and clearly indicate the final disposition of the charge, the department or entity shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge. If a background information form under sub. (6) (a) or (am), or any disclosure made pursuant to a disclosure policy described under sub. (6) (am), indicates a charge or a conviction of a serious crime, but information obtained under par. (am) or (b) does not indicate such a charge or conviction, the department or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint. If information obtained under par. (am) or (b), a background information form under sub. (6) (a) or (am), any disclosure made pursuant to a disclosure policy described under sub. (6) (am), or any other information indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20, 940.202, 941.30, 942.08, 947.01 (1), or 947.013 obtained not more than 5 years before the date on which that information was obtained, the department or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.

SB1091,20 Section 20 . 165.63 (3) of the statutes is amended to read:

SB1091,16,22 165.63 (3) Requests from courts. In making a determination required under s. 813.124 (7) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1., a judge or court commissioner shall request information under sub. (2) from the department or from a law enforcement agency or law enforcement officer as provided in sub. (4) (d).

SB1091,21 Section 21 . 165.63 (4) (d) of the statutes is amended to read:

SB1091,17,3 165.63 (4) (d) Aid the court in making a determination required under s. 813.124 (7) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1. or aid an entity in making a determination required under s. 968.20 (1m) (d) 2.

SB1091,22 Section 22. 165.70 (1) (b) of the statutes is amended to read:

SB1091,17,8 165.70 (1) (b) Except as provided in sub. (1m), enforce chs. 945 and 961 and ss. 940.20 (3), 940.201, 940.202, 940.43 (3m), 941.25, 941.26, 943.01 (2) (c), 943.011, 943.27, 943.28, 943.30, 944.30 (1m), 944.31, 944.32, 944.33, 944.34, 946.65, 947.02 (3) and (4), 948.075, 948.08, and 948.081.

SB1091,23 Section 23 . 165.73 of the statutes is created to read:

SB1091,17,11 165.73 Hate crimes reporting. (1) In this section, “hate crime” means an act described under s. 939.645 (1).

SB1091,17,15 (2) The department of justice shall provide a publicly accessible Internet-based reporting system and a telephone hotline for the reporting of hate crimes. The department of justice shall ensure that the reporting system and hotline do all of the following:

SB1091,17,17 (a) Relay a report of a hate crime to the appropriate employee of the department or law enforcement officer for investigation.

SB1091,17,18 (b) Direct individuals to appropriate local support services.

SB1091,17,21 (c) Maintain confidentiality for any personally identifiable information that an individual provides through the reporting system or hotline, except as needed for investigative, legal, or crime victims service purposes.

SB1091,17,24 (d) Are staffed by individuals who are trained to be knowledgeable about applicable federal, state, and local hate crime laws and law enforcement and support services.

SB1091,18,4 (3) The department of justice shall collaborate with community organizations to provide a public education campaign to raise awareness of hate crimes and to promote the reporting of hate crimes using the reporting system and hotline described in sub. (2).

SB1091,18,6 (4) The department of justice shall collect data on hate crime reporting under sub. (2).

SB1091,18,9 (5) The department of justice shall, biennially, submit a report to the appropriate standing committees of the legislature under s. 13.172 (3) on the department's activities under this section.

SB1091,24 Section 24. 165.84 (7) (ab) 1. of the statutes, as affected by 2021 Wisconsin Act 76, is amended to read:

SB1091,18,17 165.84 (7) (ab) 1. A felony violation of s. 940.01, 940.05, 940.198 (2), 940.21, 940.225 (1), (2), or (3), 940.235, 940.30, 940.302 (2), 940.305, 940.31, 940.32 (2), (2e), or (2m), 940.43, 940.45 (1m) or (2m), 940.44, 941.20, 941.21, 941.327, 943.02, 943.06, 943.10, 943.23 (1g) or (2), 943.32, 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.07, 948.08, 948.085, 948.095, or 948.30 (2).

SB1091,25 Section 25. 165.84 (7) (ab) 2. of the statutes is amended to read:

SB1091,18,22 165.84 (7) (ab) 2. A felony violation of s. 940.02, 940.03, 940.06, 940.07, 940.08, 940.09 (1c), 940.10, 940.19 (2), (4), (5), or (6), 940.195 (2), (4), (5), or (6), 940.20, 940.201 (2) 940.202, 940.203 (2), 940.205 (2), 940.207 (2), 940.208, 940.23, 940.43 (3m), 941.30, or 948.03 (3) or (5) (a) 4.

SB1091,26 Section 26. 165.95 (title) of the statutes is amended to read:

SB1091,18,25 165.95 (title) Alternatives to prosecution and incarceration; grant program.

SB1091,27 Section 27 . 165.95 (1) (ac) of the statutes is created to read:

SB1091,19,4 165.95 (1) (ac) “Evidence-based practice" means a practice that has been developed using research to determine its efficacy for achieving positive measurable outcomes, including reducing recidivism and increasing public safety.

SB1091,28 Section 28 . 165.95 (2) of the statutes is amended to read:

SB1091,19,13 165.95 (2) The department of justice shall make grants to counties and to tribes to enable them to establish and operate programs, including suspended and deferred prosecution programs and programs based on principles of restorative justice, that provide alternatives to prosecution and incarceration for criminal offenders who abuse alcohol or other drugs. The department of justice shall make the grants from the appropriations under s. 20.455 (2) (ek), (em), (jd), (kn), and (kv). The department of justice shall collaborate with the departments of corrections and health and family services in establishing this grant program.