Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB57 Compare Versions

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1		-	Date of enactment:
2		-	2023 Assembly Bill 57 Date of publication*:
3		-	2023 WISCONSIN ACT
4		-	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
5		-	(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
6		-	to: dismissing or amending certain criminal charges and deferred prosecution agreements for certain crimes.
7		-	The people of the state of Wisconsin, represented in
8		-	senate and assembly, do enact as follows:
9		-	SECTION 1. 20.410 (1) (gL) of the statutes is amended
10		-	to read:
11		-	20.410 (1) (gL) Global positioning system tracking
12		-	devices for certain violators of restraining orders. All
13		-	moneys received under s. 301.49 (5) and all moneys
14		-	received from the global positioning system tracking sur-
15		-	charge on court fines, as authorized under s. 971.37 (1m)
16		-	(c) 1. or 973.057, for expenditures related to the global
17		-	positioning system tracking program under s. 301.49. If
18		-	the unencumbered balance in this appropriation account
19		-	exceeds $100,000 immediately before the end of any fis-
20		-	cal year, the department of corrections shall transfer the
21		-	excess to the appropriation account under s. 20.437 (1)
22		-	(hh) at the end of that fiscal year.
23		-	SECTION 2. 20.437 (1) (hh) of the statutes is amended
24		-	to read:
25		-	20.437 (1) (hh) Domestic abuse surcharge grants.
26		-	All moneys received from the domestic abuse surcharge
27		-	on court fines, as authorized under s. 971.37 (1m) (c) 1.
28		-	or 973.055, to provide grants to domestic abuse services
29		-	organizations under s. 49.165.
30		-	SECTION 3. 814.75 (8) of the statutes is amended to
31		-	read:
32		-	814.75 (8) The domestic abuse surcharge under s.
33		-	971.37 (1m) (c) 1. or 973.055.
34		-	SECTION 4. 814.75 (8m) of the statutes is amended to
35		-	read:
36		-	814.75 (8m) The global positioning system tracking
37		-	surcharge under s. 971.37 (1m) (c) 1. or 973.057.
38		-	SECTION 5. 814.76 (6) of the statutes is amended to
39		-	read:
40		-	814.76 (6) The domestic abuse surcharge under s.
41		-	971.37 (1m) (c) 1. or 973.055.
42		-	SECTION 6. 814.80 (6) of the statutes is amended to
43		-	read:
44		-	814.80 (6) The domestic abuse surcharge under s.
45		-	971.37 (1m) (c) 1. or 973.055.
46		-	SECTION 7. 814.81 (6) of the statutes is amended to
47		-	read:
48		-	814.81 (6) The domestic abuse surcharge under s.
49		-	971.37 (1m) (c) 1. or 973.055.
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	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 ASSEMBLY BILL 57
	5	+	February 20, 2023 - Introduced by Representatives RETTINGER, MICHALSKI,
	6	+	DONOVAN, BEHNKE, GUNDRUM, KNODL, MURPHY, NEDWESKI, ROZAR and
	7	+	SUMMERFIELD, cosponsored by Senators HUTTON, NASS and JACQUE. Referred
	8	+	to Committee on Judiciary.
	9	+	*AUTHORS SUBJECT TO CHANGE*
	10	+	AN ACT to repeal 971.37; to amend 20.410 (1) (gL), 20.437 (1) (hh), 814.75 (8),
	11	+	814.75 (8m), 814.76 (6), 814.80 (6), 814.81 (6), 971.38 (1) and 971.39 (1) (intro.);
	12	+	and to create 967.056 and 968.075 (7) (c) of the statutes; relating to:
	13	+	dismissing or amending certain criminal charges and deferred prosecution
	14	+	agreements for certain crimes.
	15	+	Analysis by the Legislative Reference Bureau
	16	+	Under current law, a prosecutor may dismiss or amend a criminal charge
	17	+	without approval from the court. Under this bill, a prosecutor must get the court's
	18	+	approval to dismiss or amend a charge if the charge is for any of the following: 1) a
	19	+	crime of domestic abuse or a violation of a domestic violence temporary restraining
	20	+	order or injunction; 2) theft of an automobile; 3) a crime of abuse of an individual at
	21	+	risk or a violation of an individual-at-risk TRO or injunction; 4) first-degree,
	22	+	second-degree, or third-degree sexual assault; 5) a crime against a child; 6) illegal
	23	+	possession of a firearm if the person has been convicted of, adjudicated delinquent
	24	+	for, or found not guilty by reason of mental disease or defect of, committing, soliciting,
	25	+	conspiring, or attempting to commit a violent felony, as defined under current law;
	26	+	or 7) reckless driving that results in great bodily harm. The court may approve the
	27	+	dismissal or amendment of such a charge only if the court finds the action is
	28	+	consistent with the public's interest in deterring the commission of these crimes and
	29	+	with the legislature's intent, expressed in this bill, to vigorously prosecute
	30	+	individuals who commit these crimes. If the court approves any dismissal or
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	38	+	amendment in a year, the court must submit an annual report to the legislature
	39	+	detailing each approval.
	40	+	Current law allows a prosecutor to enter into a deferred prosecution agreement
	41	+	with a defendant who is charged or may be charged with a crime. Generally, under
	42	+	a deferred prosecution agreement, the prosecutor agrees to dismiss a charge or not
	43	+	file a charge if the defendant complies with specified conditions. In addition, current
	44	+	law provides specific criteria for a deferred prosecution agreement if the defendant
	45	+	is or may be charged with child sexual abuse if the defendant is the parent of, the
	46	+	guardian of, a close relative of, or residing with the child; with a crime of domestic
	47	+	violence; or with a violation of a domestic violence TRO or injunction. Current law
	48	+	also prohibits a prosecutor from entering into a deferred prosecution agreement with
	49	+	a defendant who is charged or may be charged with operating a vehicle while under
	50	+	the influence of an intoxicant or a controlled substance, causing injury to another
	51	+	while operating a vehicle while under the influence, or homicide by intoxicated use
	52	+	of a vehicle. The bill prohibits a prosecutor from entering into a deferred prosecution
	53	+	agreement with a defendant who is or may be charged with any of the same crimes
	54	+	listed in items 1 to 7 above.
	55	+	The people of the state of Wisconsin, represented in senate and assembly, do
	56	+	enact as follows:
	57	+	SECTION 1. 20.410 (1) (gL) of the statutes is amended to read:
	58	+	20.410 (1) (gL) Global positioning system tracking devices for certain violators
	59	+	of restraining orders. All moneys received under s. 301.49 (5) and all moneys received
	60	+	from the global positioning system tracking surcharge on court fines, as authorized
	61	+	under s. 971.37 (1m) (c) 1. or 973.057, for expenditures related to the global
	62	+	positioning system tracking program under s. 301.49. If the unencumbered balance
	63	+	in this appropriation account exceeds $100,000 immediately before the end of any
	64	+	fiscal year, the department of corrections shall transfer the excess to the
	65	+	appropriation account under s. 20.437 (1) (hh) at the end of that fiscal year.
	66	+	SECTION 2. 20.437 (1) (hh) of the statutes is amended to read:
	67	+	20.437 (1) (hh) Domestic abuse surcharge grants. All moneys received from the
	68	+	domestic abuse surcharge on court fines, as authorized under s. 971.37 (1m) (c) 1. or
	69	+	973.055, to provide grants to domestic abuse services organizations under s. 49.165.
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	85	+	SECTION 3
	86	+	ASSEMBLY BILL 57
	87	+	SECTION 3. 814.75 (8) of the statutes is amended to read:
	88	+	814.75 (8) The domestic abuse surcharge under s. 971.37 (1m) (c) 1. or 973.055.
	89	+	SECTION 4. 814.75 (8m) of the statutes is amended to read:
	90	+	814.75 (8m) The global positioning system tracking surcharge under s. 971.37
	91	+	(1m) (c) 1. or 973.057.
	92	+	SECTION 5. 814.76 (6) of the statutes is amended to read:
	93	+	814.76 (6) The domestic abuse surcharge under s. 971.37 (1m) (c) 1. or 973.055.
	94	+	SECTION 6. 814.80 (6) of the statutes is amended to read:
	95	+	814.80 (6) The domestic abuse surcharge under s. 971.37 (1m) (c) 1. or 973.055.
	96	+	SECTION 7. 814.81 (6) of the statutes is amended to read:
	97	+	814.81 (6) The domestic abuse surcharge under s. 971.37 (1m) (c) 1. or 973.055.
50	98		SECTION 8. 967.056 of the statutes is created to read:
51		-	967.056 Prosecution of certain crimes. (1) INTENT.
52		-	The legislature intends to encourage the vigorous prose-
53		-	cution of persons who commit offenses that are covered
54		-	crimes.
55		-	(2) DEFINITION. In this section, “covered crime”
56		-	means any of the following:
57		-	* 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
58		-	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
59		-	(a) An act of domestic abuse, as defined in s. 968.075
60		-	(1) (a), that constitutes the commission of a crime or a
61		-	violation of a temporary restraining order or injunction
62		-	issued under s. 813.12.
	99	+	967.056 Prosecution of certain crimes. (1) INTENT. The legislature intends
	100	+	to encourage the vigorous prosecution of persons who commit offenses that are
	101	+	covered crimes.
	102	+	(2) DEFINITION. In this section, “covered crime” means any of the following:
	103	+	(a) An act of domestic abuse, as defined in s. 968.075 (1) (a), that constitutes
	104	+	the commission of a crime or a violation of a temporary restraining order or
	105	+	injunction issued under s. 813.12.
63	106		(b) A violation of s. 943.23.
64		-	(c) A violation of s. 940.198 or 940.285 or a violation
65		-	of a temporary restraining order or injunction issued
66		-	under s. 813.123.
	107	+	(c) A violation of s. 940.198 or 940.285 or a violation of a temporary restraining
	108	+	order or injunction issued under s. 813.123.
67	109		(d) A violation of s. 940.225 (1), (2), or (3).
68		-	(e) A crime specified in ch. 948, including a crime
69		-	specified in s. 948.015.
70		-	(f) A violation of s. 941.29 (1m) if the individual has
71		-	been convicted of, adjudicated delinquent for, or found
72		-	not guilty by reason of mental disease or defect of, com-
73		-	mitting, soliciting, conspiring, or attempting to commit
74		-	a violent felony, as defined in s. 941.29 (1g) (a).
	110	+	(e) A crime specified in ch. 948, including a crime specified in s. 948.015.
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	137	+	(f) A violation of s. 941.29 (1m) if the individual has been convicted of,
	138	+	adjudicated delinquent for, or found not guilty by reason of mental disease or defect
	139	+	of, committing, soliciting, conspiring, or attempting to commit a violent felony, as
	140	+	defined in s. 941.29 (1g) (a).
75	141		(g) A violation of s. 346.62 (4).
76		-	(3) DISMISSING OR AMENDING CHARGE. Notwithstand-
77		-	ing s. 971.29, if an individual is charged with a covered
78		-	crime, a prosecutor may not dismiss or amend the charge
79		-	without the approval of the court. In the application to the
80		-	court, the prosecutor shall state the reasons for the pro-
81		-	posed amendment or dismissal. The court may approve
82		-	the application only if the court finds that the proposed
83		-	amendment or dismissal is consistent with the public’s
84		-	interest in deterring the commission of covered crimes
85		-	and consistent with the legislature’s intent expressed in
86		-	sub. (1). If a court approves at least one application in a
87		-	year, the court shall submit to the appropriate standing
88		-	committees of the legislature under s. 13.172 (3) an
89		-	annual report detailing each application the court
90		-	approved that year and how each approval is consistent
91		-	with the public’s interest and the legislature’s intent.
92		-	(4) NO DEFERRED PROSECUTION. A prosecutor may
93		-	not place a person in a deferred prosecution program if a
94		-	complaint or information is filed that alleges the person
95		-	committed a covered crime or if the person is charged
96		-	with a covered crime.
97		-	SECTION 9. 968.075 (7) (c) of the statutes is created
98		-	to read:
99		-	968.075 (7) (c) A policy indicating how the office
100		-	may best execute the intent of s. 967.056.
	142	+	(3) DISMISSING OR AMENDING CHARGE. Notwithstanding s. 971.29, if an
	143	+	individual is charged with a covered crime, a prosecutor may not dismiss or amend
	144	+	the charge without the approval of the court. In the application to the court, the
	145	+	prosecutor shall state the reasons for the proposed amendment or dismissal. The
	146	+	court may approve the application only if the court finds that the proposed
	147	+	amendment or dismissal is consistent with the public's interest in deterring the
	148	+	commission of covered crimes and consistent with the legislature's intent expressed
	149	+	in sub. (1). If a court approves at least one application in a year, the court shall submit
	150	+	to the appropriate standing committees of the legislature under s. 13.172 (3) an
	151	+	annual report detailing each application the court approved that year and how each
	152	+	approval is consistent with the public's interest and the legislature's intent.
	153	+	(4) NO DEFERRED PROSECUTION. A prosecutor may not place a person in a
	154	+	deferred prosecution program if the person is accused of or charged with a covered
	155	+	crime.
	156	+	SECTION 9. 968.075 (7) (c) of the statutes is created to read:
	157	+	968.075 (7) (c) A policy indicating how the office may best execute the intent
	158	+	of s. 967.056.
101	159		SECTION 10. 971.37 of the statutes is repealed.
102		-	SECTION 11. 971.38 (1) of the statutes is amended to
103		-	read:
104		-	971.38 (1) Except as provided in s. 967.055 (3) or
105		-	967.056 (4), the district attorney may require as a condi-
106		-	tion of any deferred prosecution program for any crime
107		-	that the defendant perform community service work for
108		-	a public agency or a nonprofit charitable organization.
109		-	The number of hours of work required may not exceed
110		-	what would be reasonable considering the seriousness of
111		-	the alleged offense. An order may only apply if agreed
112		-	to by the defendant and the organization or agency. The
113		-	district attorney shall ensure that the defendant is pro-
114		-	vided a written statement of the terms of the community
115		-	service order and that the community service order is
116		-	monitored.
117		-	SECTION 12. 971.39 (1) (intro.) of the statutes is
118		-	amended to read:
119		-	971.39 (1) (intro.) Except as provided in s. 967.055
120		-	(3) or 967.056 (4), in counties having a population of less
121		-	than 100,000, if a defendant is charged with a crime, the
122		-	district attorney, the department and a defendant may all
123		-	enter into a deferred prosecution agreement which
124		-	includes, but is not limited to, the following conditions:
	160	+	SECTION 11. 971.38 (1) of the statutes is amended to read:
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	187	+	SECTION 11
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	189	+	971.38 (1) Except as provided in s. 967.055 (3) or 967.056 (4), the district
	190	+	attorney may require as a condition of any deferred prosecution program for any
	191	+	crime that the defendant perform community service work for a public agency or a
	192	+	nonprofit charitable organization. The number of hours of work required may not
	193	+	exceed what would be reasonable considering the seriousness of the alleged offense.
	194	+	An order may only apply if agreed to by the defendant and the organization or agency.
	195	+	The district attorney shall ensure that the defendant is provided a written statement
	196	+	of the terms of the community service order and that the community service order
	197	+	is monitored.
	198	+	SECTION 12. 971.39 (1) (intro.) of the statutes is amended to read:
	199	+	971.39 (1) (intro.) Except as provided in s. 967.055 (3) or 967.056 (4), in counties
	200	+	having a population of less than 100,000, if a defendant is charged with a crime, the
	201	+	district attorney, the department and a defendant may all enter into a deferred
	202	+	prosecution agreement which includes, but is not limited to, the following conditions:
125	203		SECTION 13.0Initial applicability.
126		-	(1) This act first applies to a complaint, information,
127		-	or charge filed on the effective date of this subsection.
	204	+	(1) This act first applies to accusations made or charges filed on the effective
	205	+	date of this subsection.
	206	+	(END)
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