2019 - 2020 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 127
September 20, 2019 - Offered by Senator Jacque.
SB127-SSA1,1,8 1An Act to repeal 978.001 (1p) and 978.11; to renumber and amend 977.08 (3)
2(b); to amend 13.093 (2) (a), 16.971 (9), 16.971 (10), 230.33 (1), 977.02 (5),
3977.08 (3) (c), 978.03, 978.045 (1g), 978.045 (1r) (bm) (intro.), 978.045 (2), 978.05
4(9) and 978.12 (1) (c); and to create 13.0967, 15.77, 20.548, 20.923 (4) (f) 7x.,
5227.118, 227.19 (3) (em), 230.08 (2) (qp), 977.08 (3) (b) 2., 978.001 (1b), (1d) and
6(1n), 978.003, 978.004 and 978.005 of the statutes; relating to: creation of a
7prosecutor board and a state prosecutors office, Public Defender Board
8regulation, and making an appropriation.
Analysis by the Legislative Reference Bureau
Courts and procedure
Public defender
Under current law, the Public Defender Board may promulgate rules to assure
that representation of indigent clients by the private bar is at the same level as the
representation provided by the state public defender. Under this bill, the board's
authority to promulgate rules is expanded to include setting standards for and

imposing conditions upon private bar attorney certification, decertification, or
recertification to represent clients. The bill also adds the following list of reasons as
grounds for which the office of the state public defender may exclude a private bar
attorney from a public defender list: 1) the attorney has failed to meet minimum
attorney performance standards adopted by the state public defender; 2) the
attorney has failed to comply with the supreme court rules of professional conduct
for attorneys; 3) the attorney has engaged in conduct that is contrary to the interests
of clients, the interests of justice, or the interests of the state public defender; or 4)
the state public defender learns of any information that raises a concern about the
attorney's character, performance, ability, or behavior.
District Attorneys
The bill creates an independent prosecutor board that oversees and sets policies
for a state prosecutors office, also created in the bill. Under the bill, the executive
director of the state prosecutors office manages the office; prepares personnel
policies, fiscal estimates, and an annual report; and represents the board before the
governor, the legislature, bar associations, and courts. The executive director may
also identify methods and practices for district attorneys that promote professional
competence and ethical practices. Under the bill, the state prosecutors office
assumes duties relating to district attorneys that current law assigns to the
Department of Administration, such as preparing a budget for all of the prosecutorial
units, approving appointments of special prosecutors when needed, and making
requests for assistant district attorneys in certain prosecutorial units. The bill
requires any rule that directly affects the state prosecutors office to be reviewed by
the office and for the office to submit a report on the proposed rule that includes
information about the effect of the proposed rule on the state prosecutors office. The
bill requires DOA to provide the state prosecutors office with general access to a case
management system currently used by the Department of Justice to manage
case-related information and to share the information among prosecutors.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB127-SSA1,1 1Section 1 . 13.093 (2) (a) of the statutes is amended to read:
SB127-SSA1,3,222 13.093 (2) (a) Any bill making an appropriation, any bill increasing or
3decreasing existing appropriations or state or general local government fiscal
4liability or revenues, and any bill that modifies an existing surcharge or creates a
5new surcharge that is imposed under ch. 814, shall, before any vote is taken thereon
6by either house of the legislature if the bill is not referred to a standing committee,
7or before any public hearing is held before any standing committee or, if no public

1hearing is held, before any vote is taken by the committee, incorporate a reliable
2estimate of the anticipated change in appropriation authority or state or general
3local government fiscal liability or revenues under the bill, including to the extent
4possible a projection of such changes in future biennia. The estimate shall also
5indicate whether any increased costs incurred by the state under the bill can be
6mitigated through the use of contractual service contracts let in accordance with
7competitive procedures. For purposes of this paragraph, a bill increasing or
8decreasing the liability or revenues of the unemployment reserve fund is considered
9to increase or decrease state fiscal liability or revenues. Except as otherwise
10provided by joint rules of the legislature or this paragraph, such estimates shall be
11made by the department or agency administering the appropriation or fund or
12collecting the revenue. The legislative council staff shall prepare the fiscal estimate
13with respect to the provisions of any bill referred to the joint survey committee on
14retirement systems which create or modify any system for, or make any provision for,
15the retirement of or payment of pensions to public officers or employees. The director
16of state courts shall prepare the fiscal estimate with respect to the provisions of any
17bill that modifies an existing surcharge or creates a new surcharge that is imposed
18under ch. 814. The executive director of the state prosecutors office shall prepare the
19fiscal estimate with respect to the provisions of any bill that affects prosecutors or
20the state prosecutors office, including bills modifying or creating crimes or
21sentencing practices.
When a fiscal estimate is prepared after the bill has been
22introduced, it shall be printed and distributed as are amendments.
SB127-SSA1,2 23Section 2 . 13.0967 of the statutes is created to read:
SB127-SSA1,4,4 2413.0967 Review of bills affecting state prosecutors office. Any bill that
25is introduced in either house of the legislature that directly affects the state

1prosecutors office shall have a notation to that effect on its jacket when the jacket is
2prepared. When a bill that has that notation on the jacket is introduced, the
3legislative reference bureau shall submit a copy of the bill to the state prosecutors
4office.
SB127-SSA1,3 5Section 3 . 15.77 of the statutes is created to read:
SB127-SSA1,4,7 615.77 Prosecutor board. There is created a prosecutor board consisting of
711 members, appointed for staggered 3-year terms, as follows:
SB127-SSA1,4,9 8(1) From each district under s. 752.11 (1) (b), (c), and (d), 2 district attorneys
9appointed by a majority of district attorneys from the district.
SB127-SSA1,4,11 10(2) From the district under s. 752.11 (1) (a), the district attorney and a deputy
11district attorney appointed by the district attorney.
SB127-SSA1,4,14 12(3) Two nonelected prosecutors, each from a different county, appointed by a
13majority of nonelected prosecutors. Under this subsection, “prosecutor” does not
14include a special prosecutor appointed under s. 978.045 or 978.05 (8) (b).
SB127-SSA1,4,15 15(4) The attorney general or his or her designee.