AB50: Bill Text

AB50,1600,13 (b) A person who is not a permittee who possesses an amount of marijuana that exceeds the permissible amount by more than one ounce is one of the following:

AB50,1600,15 1. Except as provided in subd. 2., subject to a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both.

AB50,1600,18 2. Guilty of a Class I felony if the person has taken action to hide how much marijuana the person possesses and has in place an extreme measure to avoid detection.

AB50,1600,21 (c) A person who is not a permittee who possesses more than 6 marijuana plants that have reached the flowering stage at one time must apply for a permit under s. 139.972 and is one of the following:

AB50,1600,23 1. Except as provided in subds. 2. and 3., subject to a civil forfeiture that is not more than twice the permitting fee under s. 139.972.

AB50,1601,3 2. Except as provided in subd. 3., subject to a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both, if the number of marijuana plants that have reached the flowering stage is more than 12.

AB50,1601,7 3. Guilty of a Class I felony if the number of marijuana plants that have reached the flowering stage is more than 12, if the individual has taken action to hide the number of marijuana plants that have reached the flowering stage and if the person has in place an extreme measure to avoid detection.

AB50,1601,9 (d) Whoever uses or displays marijuana in a public space is subject to a civil forfeiture of not more than $100.

AB50,1601,12 (3) Any person who sells or attempts to sell marijuana via mail, telephone, or Internet is subject to a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.

AB50,3238 Section 3238. 967.055 (1m) (b) 5. of the statutes is repealed.

AB50,3239 Section 3239. 967.056 of the statutes is created to read:

AB50,1601,18 967.056 Prosecution of offenses; disorderly conduct. (1) If a person is accused of or charged with disorderly conduct in violation of s. 947.01 or a local ordinance in conformity with s. 947.01, a prosecutor shall offer the person an alternative to prosecution under sub. (2) if all of the following apply:

AB50,1601,19 (a) The accused or charged violation is the person’s first violation of s. 947.01.

AB50,1601,21 (b) The person has not previously been convicted of a misdemeanor or felony for conduct that is substantially similar to the accused or charged violation.

AB50,1602,2 (c) The person has not been convicted of a felony in this state, or of a violation in another state that would be a felony if committed by an adult in this state, in the preceding 3 years.

AB50,1602,4 (2) A prosecutor shall offer one of the following alternatives to prosecution to a qualifying person under sub. (1):

AB50,1602,5 (a) A deferred prosecution agreement that includes restitution, if applicable.

AB50,1602,7 (b) An agreement in which the defendant stipulates to his or her guilt of a noncriminal ordinance violation that includes payment of a forfeiture.

AB50,3240 Section 3240. 967.11 (1) of the statutes is amended to read:

AB50,1602,11 967.11 (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).

AB50,3241 Section 3241. 968.02 (4) of the statutes is amended to read:

AB50,1602,19 968.02 (4) If the alleged violator under s. 948.55 (2) or 948.60 (2) (c) is or was the parent or guardian of a child who is injured or dies as a result of an accidental shooting, the district attorney may consider, among other factors, the impact of the injury or death on the alleged violator when deciding whether to issue a complaint regarding the alleged violation. This subsection does not restrict the factors that a district attorney may consider in deciding whether to issue a complaint regarding any alleged violation.

AB50,3242 Section 3242. 968.07 (3) of the statutes is amended to read:

AB50,1603,2 968.07 (3) If the alleged violator under s. 948.55 (2) or 948.60 (2) (c) is or was the parent or guardian of a child who is injured or dies as a result of an accidental shooting, no law enforcement officer may arrest the alleged violator until at least 7 days after the date of the shooting.

AB50,3243 Section 3243. 968.075 (1) (a) (intro.) of the statutes is amended to read:

AB50,1603,7 968.075 (1) (a) (intro.) “Domestic abuse” means any of the following engaged in by an adult person against his or her spouse or former spouse, against an adult with whom the person resides or formerly resided or against an adult with whom the person has a child in common a relative of the adult person:

AB50,3244 Section 3244. 968.075 (1) (f) of the statutes is created to read:

AB50,1603,9 968.075 (1) (f) “Relative” means any of the following:

AB50,1603,10 1. A spouse or former spouse.

AB50,1603,11 2. A parent or stepparent.

AB50,1603,12 3. A legal guardian.

AB50,1603,13 4. A person with whom the adult person has a child in common.

AB50,1603,15 5. A person with whom the adult person is cohabiting or has cohabited as a spouse, a parent, or a legal guardian.

AB50,1603,17 6. A person who is similarly situated to the adult person as a spouse, a parent, or a legal guardian.

AB50,1603,19 7. An adult who is residing or has resided with the adult person if subd. 1., 2., 3., 4., 5., or 6. does not apply.

AB50,3245 Section 3245. 971.17 (1g) of the statutes is amended to read:

AB50,1604,2 971.17 (1g) Notice of restriction on firearm possession. If the defendant under sub. (1) is found not guilty of a felony, or of a violation under s. 175.33 (2), by reason of mental disease or defect, the court shall inform the defendant of the requirements and penalties under s. 941.29.

AB50,3246 Section 3246. 971.365 (1) (a) of the statutes is amended to read:

AB50,1604,7 971.365 (1) (a) In any case under s. 961.41 (1) (em), 1999 stats., or s. 961.41 (1) (cm), (d), (dm), (e), (f), or (g) or (h) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

AB50,3247 Section 3247. 971.365 (1) (b) of the statutes is amended to read:

AB50,1604,12 971.365 (1) (b) In any case under s. 961.41 (1m) (em), 1999 stats., or s. 961.41 (1m) (cm), (d), (dm), (e), (f), or (g) or (h) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

AB50,3248 Section 3248. 971.365 (1) (c) of the statutes is amended to read:

AB50,1604,17 971.365 (1) (c) In any case under s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats., or s. 961.41 (3g) (am), (c), (d), (e), or (g) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

AB50,3249 Section 3249. 971.365 (2) of the statutes is amended to read:

AB50,1605,2 971.365 (2) An acquittal or conviction under sub. (1) does not bar a subsequent prosecution for any acts in violation of s. 961.41 (1) (em), 1999 stats., s. 961.41 (1m) (em), 1999 stats., s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats., or s. 961.41 (1) (cm), (d), (dm), (e), (f), or (g), or (h), (1m) (cm), (d), (dm), (e), (f), or (g), or (h) or (3g) (am), (c), (d), (e), or (g) on which no evidence was received at the trial on the original charge.

AB50,3250 Section 3250. 973.01 (3g) of the statutes is repealed.

AB50,3251 Section 3251. 973.01 (8) (ag) of the statutes is repealed.

AB50,3252 Section 3252. 973.015 (1b) of the statutes is created to read:

AB50,1605,6 973.015 (1b) In this section, “record” means a criminal case file.

AB50,3253 Section 3253. 973.015 (1m) (a) 1. of the statutes is renumbered 973.015 (1m) (a) 1. (intro.) and amended to read:

AB50,1605,16 973.015 (1m) (a) 1. (intro.) Subject to subd. 2. and except as provided in subd. 3., when a person is under the age of 25 at the time of the commission of an offense for which the person has been found guilty in a court for violation of a law for which the maximum period of imprisonment is 6 years or less, the, a court may order at the time of sentencing after a conviction that the record a criminal case be expunged upon successful completion of the sentence if the court determines the person will benefit and society will not be harmed by this disposition. by one of the following methods:

AB50,1605,19 (d) This subsection does not apply to information maintained by the department of transportation regarding a conviction that is required to be included in a record kept under s. 343.23 (2) (a).

AB50,3254 Section 3254. 973.015 (1m) (a) 1. a. and b. of the statutes are created to read:

AB50,1606,2 973.015 (1m) (a) 1. a. Except as provided in subd. 3., the court may order at the time of sentencing that the record be expunged upon successful completion of the sentence if the court determines that the person has not previously had a record expunged under this section and that the person will benefit and society will not be harmed by this disposition.

AB50,1607,2 b. If at least one year has passed since the person successfully completed his or her sentence, the person may file a petition in the county of conviction requesting that the record be expunged. Upon receipt of the petition, the court shall review the petition to determine if the person is ineligible to petition for expungement because subd. 3. or 4. applies, less than one year has passed since the person successfully completed his or her sentence, there are criminal charges pending against the person, the person has previously had a record expunged under this section, or the person has exceeded the maximum number of petitions allowed under this subd. 1. b. If the court determines the person is eligible to petition for expungement, the court shall forward the petition to the district attorney. If the district attorney requests a hearing within 90 days after the court forwards the petition, the court shall schedule a hearing to review the petition. If the district attorney waives the hearing or at least 90 days have passed since the court forwarded the petition, the court may review the petition with or without a hearing. If a hearing is scheduled, then if practicable, the sentencing judge shall be the judge to review the petition. The court may order that the record be expunged if the court determines the person will benefit and society will not be harmed by this disposition. If the court does not order the record to be expunged under this subd. 1. b., the person may file a 2nd petition under this subd. 1. b. only if at least 2 years have passed since he or she filed the first petition. No person may file more than 2 petitions per record under this subd. 1. b. For a 2nd petition regarding the same record, the person shall pay to the clerk of circuit court a $100 fee to be retained for the use of the county.

AB50,3255 Section 3255. 973.015 (1m) (a) 3. a. of the statutes is amended to read:

AB50,1607,7 973.015 (1m) (a) 3. a. A Class H felony, if the person has, in his or her lifetime, been convicted of a prior felony offense, or if the felony is a violent offense, as defined in s. 301.048 (2) (bm), or is a violation of s. 940.32, 948.03 (2), (3), or (5) (a) 1., 2., 3., or 4., or 948.095.

AB50,3256 Section 3256. 973.015 (1m) (a) 3. c., cg., cr. and d. and 4. of the statutes are created to read:

AB50,1607,11 973.015 (1m) (a) 3. c. A crime for which the maximum period of imprisonment is more than 6 years.

AB50,1607,13 cg. A violation of s. 940.32 or 943.14 or, if the court noted in the record that the property damaged was a business, a violation of s. 943.01.

AB50,1607,15 cr. A violation of a temporary restraining order or injunction issued under s. 813.12 (3) or (4).

AB50,1607,16 d. A violation of chs. 341 to 348.

AB50,1607,18 4. The court may order at the time of sentencing that the record is ineligible for expungement.

AB50,3257 Section 3257. 973.015 (1m) (b) of the statutes is amended to read:

AB50,1608,12 973.015 (1m) (b) A For purposes of par. (a), a person has successfully completed the sentence if the person has completed all periods of incarceration, parole, or extended supervision to which he or she was sentenced; the person has paid all fines, costs, fees, surcharges, and restitution assessed and has completed any court-ordered community service; the person has not been convicted of a subsequent offense crime; and, if on probation was imposed, the probation has not been revoked and the probationer has satisfied the conditions of probation. Upon successful completion of the a sentence involving incarceration or probation, the detaining or probationary authority shall issue and forward to the court of record a certificate of discharge which shall be forwarded to the court of record and which shall have the effect of expunging the record that indicates whether the person successfully completed his or her sentence. If the court has ordered the record expunged under par. (a) 1. a. or 2. and the person has successfully completed the sentence, the person’s record shall be expunged as ordered. If the person has been imprisoned incarcerated, the detaining authority shall also forward a copy of the certificate of discharge to the department.

AB50,3258 Section 3258. 973.015 (1m) (c) of the statutes is created to read:

AB50,1609,4 973.015 (1m) (c) Upon receipt of a petition under par. (a) 1. b., the district attorney shall make a reasonable attempt to notify the victim, as defined in s. 950.02 (4), of the petition. In the notice, the district attorney shall inform the victim that he or she may waive the hearing requirement and that, if waived, the court may review the petition without a hearing. The district attorney shall inform the victim of the manner in which he or she may provide written statements concerning the petition and, if the victim does not waive the hearing requirement, that he or she may appear at the hearing. If the victim waives the hearing requirement, the district attorney may inform the court that there is no objection to waiving the hearing requirement. Notwithstanding the confidentiality of victim address information obtained under s. 302.113 (9g) (g) 3., a district attorney who is required to make a reasonable attempt to notify a victim under this paragraph may obtain from the clerk of the circuit court the victim address information that the victim provided to the clerk under s. 302.113 (9g) (g) 3.

AB50,3259 Section 3259. 973.015 (4) of the statutes is created to read:

AB50,1609,10 973.015 (4) A record of a crime expunged under this section is not considered a conviction for employment purposes or for purposes of the issuance of a license, as defined in s. 111.32 (10), by a licensing agency, as defined in s. 111.32 (11). This subsection does not apply to the extent that its application conflicts with federal law.

AB50,3260 Section 3260. 973.016 of the statutes is created to read:

AB50,1609,15 973.016 Special disposition for marijuana-related crimes. (1) Resentencing persons serving a sentence or probation. (a) A person serving a sentence or on probation may request resentencing or dismissal as provided under par. (b) if all of the following apply:

AB50,1609,17 1. The sentence or probation period was imposed for a violation of s. 961.41 (1) (h), 2023 stats., s. 961.41 (1m) (h), 2023 stats., or s. 961.41 (3g) (e), 2023 stats.

AB50,1609,18 2. One of the following applies:

AB50,1609,20 a. The person would not have been guilty of a crime had the violation occurred on or after the effective date of this subd. 2. a. .... [LRB inserts date].

AB50,1609,22 b. The person would have been guilty of a lesser crime had the violation occurred on or after the effective date of this subd. 2. b. .... [LRB inserts date].

AB50,1610,2 (b) 1. A person to whom par. (a) applies shall file a petition with the sentencing court to request resentencing, adjustment of probation, or dismissal.

AB50,1610,10 2. If the court receiving a petition under subd. 1. determines that par. (a) applies, the court shall schedule a hearing to consider the petition. At the hearing, if the court determines that par. (a) 2. b. applies, the court shall resentence the person or adjust the probation and change the record to reflect the lesser crime, and, if the court determines that par. (a) 2. a. applies, the court shall dismiss the conviction and expunge the record. Before resentencing, adjusting probation, or dismissing a conviction under this subdivision, the court shall determine that the action does not present an unreasonable risk of danger to public safety.

AB50,1610,12 3. If the court resentences the person or adjusts probation, the person shall receive credit for time or probation served for the relevant offense.

AB50,1610,16 (2) Redesignating offense for persons who completed a sentence or probation. (a) A person who has completed their sentence or period of probation may request under par. (b) expungement of the conviction because the conviction is legally invalid or redesignation to a lesser crime if all of the following apply:

AB50,1610,18 1. The sentence or probation period was imposed for a violation of s. 961.41 (1) (h), 2023 stats., s. 961.41 (1m) (h), 2023 stats., or s. 961.41 (3g) (e), 2023 stats.

AB50,1610,19 2. One of the following applies:

AB50,1610,21 a. The person would not have been guilty of a crime had the violation occurred on or after the effective date of this subd. 2. a. .... [LRB inserts date].

AB50,1610,23 b. The person would have been guilty of a lesser crime had the violation occurred on or after the effective date of this subd. 2. b. .... [LRB inserts date].

AB50,1611,2 (b) 1. A person to whom par. (a) applies shall file a petition with the sentencing court to request expungement or redesignation.

AB50,1611,10 2. If the court receiving a petition under subd. 1. determines that par. (a) applies, the court shall schedule a hearing to consider the petition. At the hearing, if the court determines that par. (a) 2. b. applies, the court shall redesignate the crime to a lesser crime and change the record to reflect the lesser crime, and, if the court determines that par. (a) 2. a. applies, the court shall expunge the conviction. Before redesignating or expunging under this subdivision, the court shall determine that the action does not present an unreasonable risk of danger to public safety.

AB50,1611,14 (3) Effect of resentencing, dismissal, redesignation, or expungement. If the court changes or expunges a record under this section, a conviction that was changed or expunged is not considered a conviction for any purpose under state or federal law, including for purposes of s. 941.29 or 18 USC 921.

AB50,3261 Section 3261. 973.043 (3) of the statutes is amended to read:

AB50,1611,19 973.043 (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).

AB50,3262 Section 3262. 973.0452 of the statutes is created to read: