SB59,1090,2 1. The sentence or probation period was imposed for a conviction under s. 961.41 (1) (h), 2017 stats., or s. 961.41 (1m) (h), 2017 stats., and the person proves to the court by a preponderance of the evidence that the amount of marijuana involved was 25 grams or less, or 2 or fewer plants.

SB59,1090,5 2. The sentence or probation period was imposed for a conviction under s. 961.41 (3g) (e), 2017 stats., and the person proves to the court by a preponderance of the evidence that the amount of marijuana involved was 25 grams or less.

SB59,1090,13 (b) A person to whom par. (a) applies shall file a petition with the sentencing court to request expungement of the conviction. If the court receiving a petition under this paragraph determines that par. (a) applies, the court may grant the petition without a hearing or may schedule a hearing to consider the petition. If a hearing is scheduled, unless the person cannot prove the amount of marijuana involved was 25 grams or less or the court determines that expungement of the conviction presents an unreasonable risk of danger to public safety, the court shall grant the petition.

SB59,1090,16 (3) Crimes dismissed or expunged under this section. A conviction that has been expunged or dismissed under this section is not considered a conviction for any purpose under state or federal law, including for purposes of s. 941.29 or 18 USC 921.

SB59,2243 Section 2243 . 973.20 (1r) of the statutes is amended to read:

SB59,1091,14 973.20 (1r) When imposing sentence or ordering probation for any crime, other than a crime involving conduct that constitutes domestic abuse under s. 813.12 (1) (am) or 968.075 (1) (a), for which the defendant was convicted, the court, in addition to any other penalty authorized by law, shall order the defendant to make full or partial restitution under this section to any victim of a crime considered at sentencing or, if the victim is deceased, to his or her estate, unless the court finds substantial reason not to do so and states the reason on the record. When imposing sentence or ordering probation for a crime involving conduct that constitutes domestic abuse under s. 813.12 (1) (am) or 968.075 (1) (a) for which the defendant was convicted or that was considered at sentencing, the court, in addition to any other penalty authorized by law, shall order the defendant to make full or partial restitution under this section to any victim of a crime or, if the victim is deceased, to his or her estate, unless the court finds that imposing full or partial restitution will create an undue hardship on the defendant or victim and describes the undue hardship on the record. Restitution ordered under this section is a condition of probation, extended supervision, or parole served by the defendant for a crime for which the defendant was convicted. After the termination of probation, extended supervision, or parole, or if the defendant is not placed on probation, extended supervision, or parole, restitution ordered under this section is enforceable in the same manner as a judgment in a civil action by the victim named in the order to receive restitution or enforced under ch. 785, and the department or clerk of court may certify the restitution to the department of revenue in accordance with s. 71.93.

SB59,2244 Section 2244. 977.08 (4m) (c) of the statutes is amended to read:

SB59,1091,22 977.08 (4m) (c) Unless otherwise provided by a rule promulgated under s. 977.02 (7r) or by a contract authorized under sub. (3) (f), for cases assigned on or after July 29, 1995, and before January 1, 2020, private local attorneys shall be paid $40 per hour for time spent related to a case, excluding travel, and $25 per hour for time spent in travel related to a case if any portion of the trip is outside the county in which the attorney's principal office is located or if the trip requires traveling a distance of more than 30 miles, one way, from the attorney's principal office.

SB59,2245 Section 2245. 977.08 (4m) (d) of the statutes is created to read:

SB59,1092,5 977.08 (4m) (d) Unless otherwise provided by a rule promulgated under s. 977.02 (7r) or by a contract authorized under sub. (3) (f), for cases assigned on or after January 1, 2020, private local attorneys shall be paid $70 per hour for time spent related to a case, excluding travel, and $25 per hour for time spent in travel related to a case if any portion of the trip is outside the county in which the attorney's principal office is located or if the trip requires traveling a distance of more than 30 miles, one way, from the attorney's principal office.

SB59,2246 Section 2246. 977.08 (4s) of the statutes is created to read:

SB59,1092,11 977.08 (4s) The rates established under sub. (4m) (d) shall be adjusted biennially by a percentage equal to the average of the consumer price index over the preceding 12-month period, all items, U.S. city average, as determined by the bureau of labor statistics of the federal department of labor, except that the percentage under this subsection may not be less than zero.

SB59,2247 Section 2247 . 978.05 (6) (a) of the statutes is amended to read:

SB59,1092,25 978.05 (6) (a) Institute, commence, or appear in all civil actions or special proceedings under and perform the duties set forth for the district attorney under ch. 980 and ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36, 89.08, 103.50 (8), 103.92 (4), 109.09, 343.305 (9) (a), 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a), 946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties in connection with court proceedings in a court assigned to exercise jurisdiction under chs. 48 and 938 as the judge may request and perform all appropriate duties and appear if the district attorney is designated in specific statutes, including matters within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits the authority of the county board to designate, under s. 48.09 (5), that the corporation counsel provide representation as specified in s. 48.09 (5) or to designate, under s. 48.09 (6) or 938.09 (6), the district attorney as an appropriate person to represent the interests of the public under s. 48.14 or 938.14.

SB59,2248 Section 2248. 990.01 (2) of the statutes is amended to read:

SB59,1093,5 990.01 (2) Acquire. “Acquire," when used in connection with a grant of power to any person, includes the acquisition by purchase, grant, gift or bequest. It includes the power to condemn only in the cases specified in s. 32.02 and subject to the limitations under s. 32.015.

SB59,2249 Section 2249 . 990.01 (3) of the statutes is amended to read:

SB59,1093,10 990.01 (3) Adult. “Adult" means a person who has attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “adult" means a person who has attained the age of 17 years.

SB59,2250 Section 2250 . 990.01 (20) of the statutes is amended to read:

SB59,1093,15 990.01 (20) Minor. “Minor" means a person who has not attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, “minor" does not include a person who has attained the age of 17 years.

SB59,2251 Section 2251 . 2017 Wisconsin Act 185, section 110 (1) (a) is amended to read:

SB59,1094,4 [2017 Wisconsin Act 185] Section 110 (1) (a) Upon the establishment of the Type 1 juvenile correctional facilities under subsection (7) and the secured residential care centers for children and youth under subsections (4) and (7m), the department of corrections shall begin to transfer each juvenile held in secure custody at the Lincoln Hills School and Copper Lake School to the appropriate Type 1 juvenile correctional facility or secured residential care center for children and youth. No juvenile may be transferred to a Type 1 juvenile correctional facility until the department of corrections determines the facility to be ready to accept juveniles, and no juvenile may be transferred to a secured residential care center for children and youth until the entity operating the facility determines it to be ready to accept juveniles. The transfers may occur in phases. The department shall transfer all juveniles a juvenile under this subsection no later than January 1, 2021 as soon as a substitute placement that meets the needs of that juvenile is ready.

SB59,2252 Section 2252 . 2017 Wisconsin Act 185, section 110 (2) (a) is amended to read:

SB59,1094,11 [2017 Wisconsin Act 185] Section 110 (2) (a) On the earlier of the date on which all juveniles have been transferred to secured residential care centers for children and youth and Type 1 juvenile correctional facilities under subsection (1) or January 1, 2021, the department of corrections shall permanently close the Type 1 juvenile correctional facilities housed at the Lincoln Hills School and Copper Lake School in the town of Birch, Lincoln County.

SB59,2253 Section 2253 . 2017 Wisconsin Act 185, section 110 (3) (a) 4. and 5. are amended to read:

SB59,1094,16 [2017 Wisconsin Act 185] Section 110 (3) (a) 4. Three Two senators appointed by the senate majority leader or the appointed senator's designee and one senator appointed by the senate minority leader or the appointed senator's designee.

SB59,1094,20 5. Three Two representatives to the assembly appointed by the speaker of the assembly or that appointed representative's designee and one representative to the assembly appointed by the assembly minority leader or the appointed representative's designee.

SB59,2254 Section 2254 . 2017 Wisconsin Act 185, section 110 (3) (c) is amended to read: