The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB76,1
1Section 1. 20.410 (1) (gL) of the statutes is amended to read: SB76,2,9220.410 (1) (gL) Global positioning system tracking devices for certain violators 3of restraining orders. All moneys received under s. 301.49 (5) and all moneys 4received from the global positioning system tracking surcharge on court fines, as 5authorized under s. 971.37 (1m) (c) 1. or 973.057, for expenditures related to the 6global positioning system tracking program under s. 301.49. If the unencumbered 7balance in this appropriation account exceeds $100,000 immediately before the end 8of any fiscal year, the department of corrections shall transfer the excess to the 9appropriation account under s. 20.437 (1) (hh) at the end of that fiscal year. SB76,210Section 2. 20.437 (1) (hh) of the statutes is amended to read: SB76,3,4
120.437 (1) (hh) Domestic abuse surcharge grants. All moneys received from 2the domestic abuse surcharge on court fines, as authorized under s. 971.37 (1m) (c) 31. or 973.055, to provide grants to domestic abuse services organizations under s. 449.165. SB76,35Section 3. 814.75 (8) of the statutes is amended to read: SB76,3,76814.75 (8) The domestic abuse surcharge under s. 971.37 (1m) (c) 1. or 7973.055. SB76,48Section 4. 814.75 (8m) of the statutes is amended to read: SB76,3,109814.75 (8m) The global positioning system tracking surcharge under s. 10971.37 (1m) (c) 1. or 973.057. SB76,511Section 5. 814.76 (6) of the statutes is amended to read: SB76,3,1312814.76 (6) The domestic abuse surcharge under s. 971.37 (1m) (c) 1. or 13973.055. SB76,614Section 6. 814.80 (6) of the statutes is amended to read: SB76,3,1615814.80 (6) The domestic abuse surcharge under s. 971.37 (1m) (c) 1. or 16973.055. SB76,717Section 7. 814.81 (6) of the statutes is amended to read: SB76,3,1918814.81 (6) The domestic abuse surcharge under s. 971.37 (1m) (c) 1. or 19973.055. SB76,820Section 8. 967.056 of the statutes is created to read: SB76,3,2321967.056 Prosecution of certain crimes. (1) Intent. The legislature 22intends to encourage the vigorous prosecution of persons who commit offenses that 23are covered crimes. SB76,4,1
1(2) Definition. In this section, “covered crime” means any of the following: SB76,4,42(a) An act of domestic abuse, as defined in s. 968.075 (1) (a), that constitutes 3the commission of a crime or a violation of a temporary restraining order or 4injunction issued under s. 813.12. SB76,4,55(b) A violation of s. 943.23. SB76,4,76(c) A violation of s. 940.198 or 940.285 or a violation of a temporary 7restraining order or injunction issued under s. 813.123. SB76,4,88(d) A violation of s. 940.225 (1), (2), or (3). SB76,4,99(e) A crime specified in ch. 948, including a crime specified in s. 948.015. SB76,4,1310(f) A violation of s. 941.29 (1m) if the individual has been convicted of, 11adjudicated delinquent for, or found not guilty by reason of mental disease or defect 12of, committing, soliciting, conspiring, or attempting to commit a violent felony, as 13defined in s. 941.29 (1g) (a). SB76,4,1414(g) A violation of s. 346.62 (4). SB76,5,215(3) Dismissing or amending charge. Notwithstanding s. 971.29, if an 16individual is charged with a covered crime, a prosecutor may not dismiss or amend 17the charge without the approval of the court. In the application to the court, the 18prosecutor shall state the reasons for the proposed amendment or dismissal. The 19court may approve the application only if the court finds that the proposed 20amendment or dismissal is consistent with the public’s interest in deterring the 21commission of covered crimes and consistent with the legislature’s intent expressed 22in sub. (1). If a court approves at least one application in a year, the court shall 23submit to the appropriate standing committees of the legislature under s. 13.172 (3)
1an annual report detailing each application the court approved that year and how 2each approval is consistent with the public’s interest and the legislature’s intent. SB76,5,53(4) No deferred prosecution. A prosecutor may not place a person in a 4deferred prosecution program if a complaint or information is filed that alleges the 5person committed a covered crime or if the person is charged with a covered crime. SB76,96Section 9. 968.075 (7) (c) of the statutes is created to read: SB76,5,87968.075 (7) (c) A policy indicating how the office may best execute the intent 8of s. 967.056. SB76,109Section 10. 971.37 of the statutes is repealed. SB76,1110Section 11. 971.38 (1) of the statutes is amended to read: SB76,5,1911971.38 (1) Except as provided in s. 967.055 (3) or 967.056 (4), the district 12attorney may require as a condition of any deferred prosecution program for any 13crime that the defendant perform community service work for a public agency or a 14nonprofit charitable organization. The number of hours of work required may not 15exceed what would be reasonable considering the seriousness of the alleged offense. 16An order may only apply if agreed to by the defendant and the organization or 17agency. The district attorney shall ensure that the defendant is provided a written 18statement of the terms of the community service order and that the community 19service order is monitored. SB76,1220Section 12. 971.39 (1) (intro.) of the statutes is amended to read: SB76,6,221971.39 (1) (intro.) Except as provided in s. 967.055 (3) or 967.056 (4), in 22counties having a population of less than 100,000, if a defendant is charged with a 23crime, the district attorney, the department and a defendant may all enter into a
1deferred prosecution agreement which includes, but is not limited to, the following 2conditions: SB76,133Section 13. Initial applicability. SB76,6,54(1) This act first applies to a complaint, information, or charge filed on the 5effective date of this subsection.
