AB50: Bill Text

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:

AB50,1612,2 973.0452 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:

AB50,1612,4 (a) Forty percent of the fine or forfeiture imposed or $40, whichever is greater, for each offense.

AB50,1612,5 (b) For each misdemeanor or felony count for which a conviction occurred, $50.

AB50,1612,7 (2) (a) In this subsection, “civil offense” means an offense punishable by a forfeiture.

AB50,1612,11 (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:

AB50,1612,13 1. The person is charged with one or more misdemeanors or felonies in a complaint.

AB50,1612,15 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.

AB50,1612,18 (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.

AB50,1612,23 (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.

AB50,1613,3 (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).

AB50,1613,7 (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.

AB50,3263 Section 3263. 973.123 (1) of the statutes is amended to read:

AB50,1613,17 973.123 (1) In this section, “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., 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, 941.29 (1m), 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.

AB50,3264 Section 3264. 973.15 (5) of the statutes is amended to read:

AB50,1613,22 973.15 (5) A convicted offender who is made available to another jurisdiction under ch. 976 or in any other lawful manner shall be credited with service of his or her Wisconsin sentence or commitment under the terms of s. ss. 973.155 and 973.156 for the duration of custody in the other jurisdiction.

AB50,3265 Section 3265. 973.155 (1m) of the statutes is amended to read:

AB50,1614,4 973.155 (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.

AB50,3266 Section 3266. 973.156 of the statutes is created to read:

AB50,1614,9 973.156 Earned compliance credit. (1) In this section, “qualifying offense” means a crime other than a violation of ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095.

AB50,1614,14 (2) Upon the revocation of extended supervision under s. 302.113 (9) or parole under s. 302.11 (7), a person shall be given earned compliance credit toward the service of his or her sentence for a qualifying offense for each day that the person spent on extended supervision or parole without violating a condition or rule of extended supervision or parole prior to the violation that resulted in the revocation.

AB50,1614,16 (3) Subsection (2) does not apply to a person who is required to register under s. 301.45.

AB50,1614,19 (4) If a person is serving more than one sentence, earned compliance credit under sub. (2) is earned only for the time spent on extended supervision or parole for qualifying offenses.

AB50,1614,22 (5) The amount of the earned compliance credit under sub. (2) shall be calculated and applied by the appropriate reviewing authority under s. 302.11 (7) (am) or 302.113 (9) (am) 1.

AB50,3267 Section 3267. 973.176 (1) of the statutes is amended to read:

AB50,1615,5 973.176 (1) Firearm possession. Whenever a court imposes a sentence or places a defendant on probation regarding a felony conviction or regarding a conviction for a misdemeanor under s. 175.33 (2), the court shall inform the defendant of the requirements and penalties applicable to him or her under s. 941.29 (1m) or (4m).

AB50,3268 Section 3268. 973.25 (1) (a) of the statutes is amended to read:

AB50,1615,10 973.25 (1) (a) “Certificate of qualification for employment” means a certificate issued by the council on offender employment that provides an offender with relief from a collateral sanction, except that it does not provide relief from s. 48.685 (5m), 50.065 (4m), or 111.335 (3) (a) (ar), (b), (c), or (e) or (4) (h) or (i).