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2025 ASSEMBLY BILL 87
February 28, 2025 - Introduced by Representatives SORTWELL, BRILL, DITTRICH,
DUCHOW, GUNDRUM, KNODL, MURPHY, MURSAU, O'CONNOR and PENTERMAN,
cosponsored by Senator FEYEN. Referred to Committee on Judiciary.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 304.078 (3) and 973.20 (10) (a) of the statutes; relating to:
restitution orders following a conviction for human trafficking and restoration
of the right to vote to a person barred from voting as a result of a felony
conviction.
Analysis by the Legislative Reference Bureau
Under current law, when a defendant is sentenced or placed on probation for a
crime, the court must order the defendant to pay restitution to the victim of the
crime to pay for costs incurred by the victim or the victim[s estate as a result of the
crime. The court may require that restitution be paid immediately, within a
specified time, or in specified installments. The court may not set the time limit to
be later than the end of the defendant[s term of probation, parole, or extended
supervision. When the defendant has completed the term, any outstanding
restitution is enforceable in the same manner as a judgment in a civil action. The
victim may use civil court actions to collect the restitution, including seeking a
wage garnishment or an execution against the defendant[s property (a court order
to the sheriff to seize property, sell it, and use the money toward the outstanding
restitution). Under this bill, if the defendant is sentenced or placed on probation for
human trafficking, the court must require restitution be paid immediately and, if
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the defendant fails to pay immediately, the court must issue an execution against
the defendant[s property.
Under current law, a person convicted of treason, felony, or bribery may not
vote unless the person[s right to vote is restored through a pardon or through
completion of the term of imprisonment, including parole or extended supervision,
or probation for the crime that led to the disqualification. Under the bill, in
addition to completing his or her term of imprisonment or probation for the crime, a
person must have paid all fines, costs, fees, surcharges, and restitution, and have
completed any court-ordered community service, imposed in connection with the
crime.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 304.078 (3) of the statutes is amended to read:
304.078 (3) If a person is disqualified from voting under s. 6.03 (1) (b), his or
her right to vote is restored when he or she completes the term of imprisonment or
probation for the crime that led to the disqualification and has paid all fines, costs,
fees, surcharges, and restitution, and has completed any court-ordered community
service, imposed in connection with the crime. The department or, if the person is
sentenced to a county jail or house of correction, the jailer the elections commission
shall inform the person in writing at the time his or her right to vote is restored
under this subsection.
SECTION 2. 973.20 (10) (a) of the statutes is amended to read:
973.20 (10) (a) The If the defendant violated s. 940.302 (2) or 948.051, the
court shall require that restitution be paid immediately and, if the defendant fails,
the court shall issue an execution against the property of the defendant in the same
mode as upon a judgment entered in the circuit court in civil actions. In other
cases, the court may require that restitution be paid immediately, within a specified
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period, or in specified installments. If the defendant is placed on probation or
sentenced to imprisonment, the end of a specified period shall not be later than the
end of any period of probation, extended supervision, or parole. If the defendant is
sentenced to the intensive sanctions program, the end of a specified period shall not
be later than the end of the sentence under s. 973.032 (3) (a).
(END)
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