Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB86 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 86
5	5	March 1, 2023 - Introduced by Senators HUTTON, NASS and JACQUE, cosponsored by
6	6	Representatives MICHALSKI, DONOVAN, KNODL, NEDWESKI, MURPHY and
7	7	BEHNKE. Referred to Committee on Judiciary and Public Safety.
8	8	AN ACT to repeal 971.37; to amend 20.410 (1) (gL), 20.437 (1) (hh), 814.75 (8),
9	9	814.75 (8m), 814.76 (6), 814.80 (6), 814.81 (6), 971.38 (1) and 971.39 (1) (intro.);
10	10	and to create 967.056 and 968.075 (7) (c) of the statutes; relating to:
11	11	dismissing or amending certain criminal charges and deferred prosecution
12	12	agreements for certain crimes.
13	13	Analysis by the Legislative Reference Bureau
14	14	Under current law, a prosecutor may dismiss or amend a criminal charge
15	15	without approval from the court. Under this bill, a prosecutor must get the court's
16	16	approval to dismiss or amend a charge if the charge is for any of the following: 1) a
17	17	crime of domestic abuse or a violation of a domestic violence temporary restraining
18	18	order or injunction; 2) theft of an automobile; 3) a crime of abuse of an individual at
19	19	risk or a violation of an individual-at-risk TRO or injunction; 4) first-degree,
20	20	second-degree, or third-degree sexual assault; 5) a crime against a child; 6) illegal
21	21	possession of a firearm if the person has been convicted of, adjudicated delinquent
22	22	for, or found not guilty by reason of mental disease or defect of, committing, soliciting,
23	23	conspiring, or attempting to commit a violent felony, as defined under current law;
24	24	or 7) reckless driving that results in great bodily harm. The court may approve the
25	25	dismissal or amendment of such a charge only if the court finds the action is
26	26	consistent with the public's interest in deterring the commission of these crimes and
27	27	with the legislature's intent, expressed in this bill, to vigorously prosecute
28	28	individuals who commit these crimes. If the court approves any dismissal or
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33	33	5 - 2 -2023 - 2024 Legislature LRB-2146/1
34	34	CMH:klm
35	35	SENATE BILL 86
36	36	amendment in a year, the court must submit an annual report to the legislature
37	37	detailing each approval.
38	38	Current law allows a prosecutor to enter into a deferred prosecution agreement
39	39	with a defendant who is charged or may be charged with a crime. Generally, under
40	40	a deferred prosecution agreement, the prosecutor agrees to dismiss a charge or not
41	41	file a charge if the defendant complies with specified conditions. In addition, current
42	42	law provides specific criteria for a deferred prosecution agreement if the defendant
43	43	is or may be charged with child sexual abuse if the defendant is the parent of, the
44	44	guardian of, a close relative of, or residing with the child; with a crime of domestic
45	45	violence; or with a violation of a domestic violence TRO or injunction. Current law
46	46	also prohibits a prosecutor from entering into a deferred prosecution agreement with
47	47	a defendant who is charged or may be charged with operating a vehicle while under
48	48	the influence of an intoxicant or a controlled substance, causing injury to another
49	49	while operating a vehicle while under the influence, or homicide by intoxicated use
50	50	of a vehicle. The bill prohibits a prosecutor from entering into a deferred prosecution
51	51	agreement with a defendant who is or may be charged with any of the same crimes
52	52	listed in items 1 to 7 above.
53	53	The people of the state of Wisconsin, represented in senate and assembly, do
54	54	enact as follows:
55	55	SECTION 1. 20.410 (1) (gL) of the statutes is amended to read:
56	56	20.410 (1) (gL) Global positioning system tracking devices for certain violators
57	57	of restraining orders. All moneys received under s. 301.49 (5) and all moneys received
58	58	from the global positioning system tracking surcharge on court fines, as authorized
59	59	under s. 971.37 (1m) (c) 1. or 973.057, for expenditures related to the global
60	60	positioning system tracking program under s. 301.49. If the unencumbered balance
61	61	in this appropriation account exceeds $100,000 immediately before the end of any
62	62	fiscal year, the department of corrections shall transfer the excess to the
63	63	appropriation account under s. 20.437 (1) (hh) at the end of that fiscal year.
64	64	SECTION 2. 20.437 (1) (hh) of the statutes is amended to read:
65	65	20.437 (1) (hh) Domestic abuse surcharge grants. All moneys received from the
66	66	domestic abuse surcharge on court fines, as authorized under s. 971.37 (1m) (c) 1. or
67	67	973.055, to provide grants to domestic abuse services organizations under s. 49.165.
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83	83	SECTION 3
84	84	SENATE BILL 86
85	85	SECTION 3. 814.75 (8) of the statutes is amended to read:
86	86	814.75 (8) The domestic abuse surcharge under s. 971.37 (1m) (c) 1. or 973.055.
87	87	SECTION 4. 814.75 (8m) of the statutes is amended to read:
88	88	814.75 (8m) The global positioning system tracking surcharge under s. 971.37
89	89	(1m) (c) 1. or 973.057.
90	90	SECTION 5. 814.76 (6) of the statutes is amended to read:
91	91	814.76 (6) The domestic abuse surcharge under s. 971.37 (1m) (c) 1. or 973.055.
92	92	SECTION 6. 814.80 (6) of the statutes is amended to read:
93	93	814.80 (6) The domestic abuse surcharge under s. 971.37 (1m) (c) 1. or 973.055.
94	94	SECTION 7. 814.81 (6) of the statutes is amended to read:
95	95	814.81 (6) The domestic abuse surcharge under s. 971.37 (1m) (c) 1. or 973.055.
96	96	SECTION 8. 967.056 of the statutes is created to read:
97	97	967.056 Prosecution of certain crimes. (1) INTENT. The legislature intends
98	98	to encourage the vigorous prosecution of persons who commit offenses that are
99	99	covered crimes.
100	100	(2) DEFINITION. In this section, “covered crime” means any of the following:
101	101	(a) An act of domestic abuse, as defined in s. 968.075 (1) (a), that constitutes
102	102	the commission of a crime or a violation of a temporary restraining order or
103	103	injunction issued under s. 813.12.
104	104	(b) A violation of s. 943.23.
105	105	(c) A violation of s. 940.198 or 940.285 or a violation of a temporary restraining
106	106	order or injunction issued under s. 813.123.
107	107	(d) A violation of s. 940.225 (1), (2), or (3).
108	108	(e) A crime specified in ch. 948, including a crime specified in s. 948.015.
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134	134	SECTION 8 SENATE BILL 86
135	135	(f) A violation of s. 941.29 (1m) if the individual has been convicted of,
136	136	adjudicated delinquent for, or found not guilty by reason of mental disease or defect
137	137	of, committing, soliciting, conspiring, or attempting to commit a violent felony, as
138	138	defined in s. 941.29 (1g) (a).
139	139	(g) A violation of s. 346.62 (4).
140	140	(3) DISMISSING OR AMENDING CHARGE. Notwithstanding s. 971.29, if an
141	141	individual is charged with a covered crime, a prosecutor may not dismiss or amend
142	142	the charge without the approval of the court. In the application to the court, the
143	143	prosecutor shall state the reasons for the proposed amendment or dismissal. The
144	144	court may approve the application only if the court finds that the proposed
145	145	amendment or dismissal is consistent with the public's interest in deterring the
146	146	commission of covered crimes and consistent with the legislature's intent expressed
147	147	in sub. (1). If a court approves at least one application in a year, the court shall submit
148	148	to the appropriate standing committees of the legislature under s. 13.172 (3) an
149	149	annual report detailing each application the court approved that year and how each
150	150	approval is consistent with the public's interest and the legislature's intent.
151	151	(4) NO DEFERRED PROSECUTION. A prosecutor may not place a person in a
152	152	deferred prosecution program if the person is accused of or charged with a covered
153	153	crime.
154	154	SECTION 9. 968.075 (7) (c) of the statutes is created to read:
155	155	968.075 (7) (c) A policy indicating how the office may best execute the intent
156	156	of s. 967.056.
157	157	SECTION 10. 971.37 of the statutes is repealed.
158	158	SECTION 11. 971.38 (1) of the statutes is amended to read:
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185	185	SECTION 11
186	186	SENATE BILL 86
187	187	971.38 (1) Except as provided in s. 967.055 (3) or 967.056 (4), the district
188	188	attorney may require as a condition of any deferred prosecution program for any
189	189	crime that the defendant perform community service work for a public agency or a
190	190	nonprofit charitable organization. The number of hours of work required may not
191	191	exceed what would be reasonable considering the seriousness of the alleged offense.
192	192	An order may only apply if agreed to by the defendant and the organization or agency.
193	193	The district attorney shall ensure that the defendant is provided a written statement
194	194	of the terms of the community service order and that the community service order
195	195	is monitored.
196	196	SECTION 12. 971.39 (1) (intro.) of the statutes is amended to read:
197	197	971.39 (1) (intro.) Except as provided in s. 967.055 (3) or 967.056 (4), in counties
198	198	having a population of less than 100,000, if a defendant is charged with a crime, the
199	199	district attorney, the department and a defendant may all enter into a deferred
200	200	prosecution agreement which includes, but is not limited to, the following conditions:
201	201	SECTION 13.0Initial applicability.
202	202	(1) This act first applies to accusations made or charges filed on the effective
203	203	date of this subsection.
204	204	(END)
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