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2. One of the following applies:
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a. The person would not have been guilty of a crime had the violation occurred
5on or after the effective date of this subd. 2. a. .... [LRB inserts date].
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b. The person would have been guilty of a lesser crime had the violation
7occurred on or after the effective date of this subd. 2. b. .... [LRB inserts date].
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(b) 1. A person to whom par. (a) applies shall file a petition with the sentencing
9court to request expungement or redesignation.
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2. If the court receiving a petition under subd. 1. determines that par. (a)
11applies, the court shall schedule a hearing to consider the petition. At the hearing,
12if the court determines that par. (a) 2. b. applies, the court shall redesignate the crime
13to a lesser crime and change the record to reflect the lesser crime, and if the court
14determines that par. (a) 2. a. applies, the court shall expunge the conviction. Before
15redesignating or expunging under this subdivision, the court shall determine that
16the action does not present an unreasonable risk of danger to public safety.
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17(3) Effect of resentencing, dismissal, redesignation, or expungement. If the
18court changes or expunges a record under this section, a conviction that was changed
19or expunged is not considered a conviction for any purpose under state or federal law,
20including for purposes of s. 941.29 or
18 USC 921.
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(1)
Joint legislative council study. The joint legislative council shall study
23the implementation of the marijuana tax and regulation provided under subch. IV
24of ch. 139 and identify uses for the revenues generated by the tax. The joint
25legislative council shall report its findings, conclusions, and recommendations to the
1joint committee on finance no later than 2 years after the effective date of this
2subsection.