1 | 1 | | 2025 - 2026 LEGISLATURE |
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2 | 2 | | LRB-2109/1 |
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3 | 3 | | CMH:emw |
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4 | 4 | | 2025 SENATE BILL 95 |
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5 | 5 | | March 7, 2025 - Introduced by Senator FEYEN, cosponsored by Representatives |
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6 | 6 | | SORTWELL, BRILL, DITTRICH, DUCHOW, GUNDRUM, KNODL, MURPHY, MURSAU, |
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7 | 7 | | O'CONNOR and PENTERMAN. Referred to Committee on Judiciary and Public |
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8 | 8 | | Safety. |
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9 | 9 | | AN ACT to amend 304.078 (3) and 973.20 (10) (a) of the statutes; relating to: |
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10 | 10 | | restitution orders following a conviction for human trafficking and restoration |
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11 | 11 | | of the right to vote to a person barred from voting as a result of a felony |
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12 | 12 | | conviction. |
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13 | 13 | | Analysis by the Legislative Reference Bureau |
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14 | 14 | | Under current law, when a defendant is sentenced or placed on probation for a |
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15 | 15 | | crime, the court must order the defendant to pay restitution to the victim of the |
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16 | 16 | | crime to pay for costs incurred by the victim or the victim[s estate as a result of the |
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17 | 17 | | crime. The court may require that restitution be paid immediately, within a |
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18 | 18 | | specified time, or in specified installments. The court may not set the time limit to |
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19 | 19 | | be later than the end of the defendant[s term of probation, parole, or extended |
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20 | 20 | | supervision. When the defendant has completed the term, any outstanding |
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21 | 21 | | restitution is enforceable in the same manner as a judgment in a civil action. The |
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22 | 22 | | victim may use civil court actions to collect the restitution, including seeking a |
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23 | 23 | | wage garnishment or an execution against the defendant[s property (a court order |
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24 | 24 | | to the sheriff to seize property, sell it, and use the money toward the outstanding |
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25 | 25 | | restitution). Under this bill, if the defendant is sentenced or placed on probation for |
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26 | 26 | | human trafficking, the court must require restitution be paid immediately and, if |
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30 | 30 | | 4 2025 - 2026 Legislature |
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31 | 31 | | SENATE BILL 95 |
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32 | 32 | | - 2 - LRB-2109/1 |
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33 | 33 | | CMH:emw |
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34 | 34 | | SECTION 1 |
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35 | 35 | | the defendant fails to pay immediately, the court must issue an execution against |
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36 | 36 | | the defendant[s property. |
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37 | 37 | | Under current law, a person convicted of treason, felony, or bribery may not |
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38 | 38 | | vote unless the person[s right to vote is restored through a pardon or through |
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39 | 39 | | completion of the term of imprisonment, including parole or extended supervision, |
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40 | 40 | | or probation for the crime that led to the disqualification. Under the bill, in |
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41 | 41 | | addition to completing his or her term of imprisonment or probation for the crime, a |
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42 | 42 | | person must have paid all fines, costs, fees, surcharges, and restitution, and have |
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43 | 43 | | completed any court-ordered community service, imposed in connection with the |
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44 | 44 | | crime. |
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45 | 45 | | For further information see the state and local fiscal estimate, which will be |
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46 | 46 | | printed as an appendix to this bill. |
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47 | 47 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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48 | 48 | | enact as follows: |
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49 | 49 | | SECTION 1. 304.078 (3) of the statutes is amended to read: |
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50 | 50 | | 304.078 (3) If a person is disqualified from voting under s. 6.03 (1) (b), his or |
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51 | 51 | | her right to vote is restored when he or she completes the term of imprisonment or |
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52 | 52 | | probation for the crime that led to the disqualification and has paid all fines, costs, |
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53 | 53 | | fees, surcharges, and restitution, and has completed any court-ordered community |
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54 | 54 | | service, imposed in connection with the crime. The department or, if the person is |
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55 | 55 | | sentenced to a county jail or house of correction, the jailer the elections commission |
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56 | 56 | | shall inform the person in writing at the time his or her right to vote is restored |
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57 | 57 | | under this subsection. |
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58 | 58 | | SECTION 2. 973.20 (10) (a) of the statutes is amended to read: |
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59 | 59 | | 973.20 (10) (a) The If the defendant violated s. 940.302 (2) or 948.051, the |
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60 | 60 | | court shall require that restitution be paid immediately and, if the defendant fails, |
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61 | 61 | | the court shall issue an execution against the property of the defendant in the same |
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62 | 62 | | mode as upon a judgment entered in the circuit court in civil actions. In other |
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63 | 63 | | cases, the court may require that restitution be paid immediately, within a specified |
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78 | 78 | | 15 2025 - 2026 Legislature |
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79 | 79 | | SENATE BILL 95 |
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80 | 80 | | - 3 - LRB-2109/1 |
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81 | 81 | | CMH:emw |
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82 | 82 | | SECTION 2 |
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83 | 83 | | period, or in specified installments. If the defendant is placed on probation or |
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84 | 84 | | sentenced to imprisonment, the end of a specified period shall not be later than the |
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85 | 85 | | end of any period of probation, extended supervision, or parole. If the defendant is |
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86 | 86 | | sentenced to the intensive sanctions program, the end of a specified period shall not |
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87 | 87 | | be later than the end of the sentence under s. 973.032 (3) (a). |
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88 | 88 | | (END) |
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