Date of enactment:
2023 Assembly Bill 57 Date of publication*:
2023 WISCONSIN ACT
AN ACT to repeal 971.37; to amend 20.410 (1) (gL), 20.437 (1) (hh), 814.75 (8), 814.75 (8m), 814.76 (6), 814.80
(6), 814.81 (6), 971.38 (1) and 971.39 (1) (intro.); and to create 967.056 and 968.075 (7) (c) of the statutes; relating
to: dismissing or amending certain criminal charges and deferred prosecution agreements for certain crimes.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 20.410 (1) (gL) of the statutes is amended
to read:
20.410 (1) (gL) Global positioning system tracking
devices for certain violators of restraining orders. All
moneys received under s. 301.49 (5) and all moneys
received from the global positioning system tracking sur-
charge on court fines, as authorized under s. 971.37 (1m)
(c) 1. or 973.057, for expenditures related to the global
positioning system tracking program under s. 301.49. If
the unencumbered balance in this appropriation account
exceeds $100,000 immediately before the end of any fis-
cal year, the department of corrections shall transfer the
excess to the appropriation account under s. 20.437 (1)
(hh) at the end of that fiscal year.
SECTION 2. 20.437 (1) (hh) of the statutes is amended
to read:
20.437 (1) (hh) Domestic abuse surcharge grants.
All moneys received from the domestic abuse surcharge
on court fines, as authorized under s. 971.37 (1m) (c) 1.
or 973.055, to provide grants to domestic abuse services
organizations under s. 49.165.
SECTION 3. 814.75 (8) of the statutes is amended to
read:
814.75 (8) The domestic abuse surcharge under s.
971.37 (1m) (c) 1. or 973.055.
SECTION 4. 814.75 (8m) of the statutes is amended to
read:
814.75 (8m) The global positioning system tracking
surcharge under s. 971.37 (1m) (c) 1. or 973.057.
SECTION 5. 814.76 (6) of the statutes is amended to
read:
814.76 (6) The domestic abuse surcharge under s.
971.37 (1m) (c) 1. or 973.055.
SECTION 6. 814.80 (6) of the statutes is amended to
read:
814.80 (6) The domestic abuse surcharge under s.
971.37 (1m) (c) 1. or 973.055.
SECTION 7. 814.81 (6) of the statutes is amended to
read:
814.81 (6) The domestic abuse surcharge under s.
971.37 (1m) (c) 1. or 973.055.
SECTION 8. 967.056 of the statutes is created to read:
967.056 Prosecution of certain crimes. (1) INTENT.
The legislature intends to encourage the vigorous prose-
cution of persons who commit offenses that are covered
crimes.
(2) DEFINITION. In this section, “covered crime”
means any of the following:
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Assembly Bill 57
(a) An act of domestic abuse, as defined in s. 968.075
(1) (a), that constitutes the commission of a crime or a
violation of a temporary restraining order or injunction
issued under s. 813.12.
(b) A violation of s. 943.23.
(c) A violation of s. 940.198 or 940.285 or a violation
of a temporary restraining order or injunction issued
under s. 813.123.
(d) A violation of s. 940.225 (1), (2), or (3).
(e) A crime specified in ch. 948, including a crime
specified in s. 948.015.
(f) A violation of s. 941.29 (1m) if the individual has
been convicted of, adjudicated delinquent for, or found
not guilty by reason of mental disease or defect of, com-
mitting, soliciting, conspiring, or attempting to commit
a violent felony, as defined in s. 941.29 (1g) (a).
(g) A violation of s. 346.62 (4).
(3) DISMISSING OR AMENDING CHARGE. Notwithstand-
ing s. 971.29, if an individual is charged with a covered
crime, a prosecutor may not dismiss or amend the charge
without the approval of the court. In the application to the
court, the prosecutor shall state the reasons for the pro-
posed amendment or dismissal. The court may approve
the application only if the court finds that the proposed
amendment or dismissal is consistent with the public’s
interest in deterring the commission of covered crimes
and consistent with the legislature’s intent expressed in
sub. (1). If a court approves at least one application in a
year, the court shall submit to the appropriate standing
committees of the legislature under s. 13.172 (3) an
annual report detailing each application the court
approved that year and how each approval is consistent
with the public’s interest and the legislature’s intent.
(4) NO DEFERRED PROSECUTION. A prosecutor may
not place a person in a deferred prosecution program if a
complaint or information is filed that alleges the person
committed a covered crime or if the person is charged
with a covered crime.
SECTION 9. 968.075 (7) (c) of the statutes is created
to read:
968.075 (7) (c) A policy indicating how the office
may best execute the intent of s. 967.056.
SECTION 10. 971.37 of the statutes is repealed.
SECTION 11. 971.38 (1) of the statutes is amended to
read:
971.38 (1) Except as provided in s. 967.055 (3) or
967.056 (4), the district attorney may require as a condi-
tion of any deferred prosecution program for any crime
that the defendant perform community service work for
a public agency or a nonprofit charitable organization.
The number of hours of work required may not exceed
what would be reasonable considering the seriousness of
the alleged offense. An order may only apply if agreed
to by the defendant and the organization or agency. The
district attorney shall ensure that the defendant is pro-
vided a written statement of the terms of the community
service order and that the community service order is
monitored.
SECTION 12. 971.39 (1) (intro.) of the statutes is
amended to read:
971.39 (1) (intro.) Except as provided in s. 967.055
(3) or 967.056 (4), in counties having a population of less
than 100,000, if a defendant is charged with a crime, the
district attorney, the department and a defendant may all
enter into a deferred prosecution agreement which
includes, but is not limited to, the following conditions:
SECTION 13.0Initial applicability.
(1) This act first applies to a complaint, information,
or charge filed on the effective date of this subsection.