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- 2024 LEGISLATURE LRB-2063/1 CMH:klm ASSEMBLY BILL 57 February 20, 2023 - Introduced by Representatives R ETTINGER, MICHALSKI, DONOVAN , BEHNKE , G UNDRUM , KNODL , M URPHY, N EDWESKI, ROZAR and SUMMERFIELD , cosponsored by SenatorsUTTON , NASSand JACQUE .
Date of enactment:
Referred to Committee on Judiciary.
Assembly Bill 57 Date of publication*:
A N A CT to repeal 971.37;
WISCONSIN ACT A N A CT to repeal 971.37;
Analysis by the Legislative Reference Bureau Under current law, a prosecutor may dismiss or amend a criminal charge without approval from the court.
The people of the state of Wisconsin, represented in 814.75 (8) The domestic abuse surcharge under s.
Under this bill, a prosecutor must get the court's approval to dismiss or amend a charge if the charge is for any of the following:
senate and assembly, do enact as follows:
1) a crime of domestic abuse or a violation of a domestic violence temporary restraining order or injunction;
971.37 (1m) (c) 1.
2) theft of an automobile;
or 973.055.
3) a crime of abuse of an individual at risk or a violation of an individual-at-risk TRO or injunction;
4) first-degree, second-degree, or third-degree sexual assault;
5) a crime against a child;
6) illegal possession of a firearm if the person has been convicted of, adjudicated delinquent for, or found not guilty by reason of mental disease or defect of, committing, soliciting, conspiring, or attempting to commit a violent felony, as defined under current law;
or 7) reckless driving that results in great bodily harm.
The court may approve the dismissal or amendment of such a charge only if the court finds the action is consistent with the public's interest in deterring the commission of these crimes and with the legislature's intent, expressed in this bill, to vigorously prosecute individuals who commit these crimes.
If the court approves any dismissal or - 2024 Legislature - 2 - LRB-2063/1 CMH:klm ASSEMBLY BILL 57 amendment in a year, the court must submit an annual report to the legislature detailing each approval.
Current law allows a prosecutor to enter into a deferred prosecution agreement with a defendant who is charged or may be charged with a crime.
Generally, under a deferred prosecution agreement, the prosecutor agrees to dismiss a charge or not file a charge if the defendant complies with specified conditions.
In addition, current law provides specific criteria for a deferred prosecution agreement if the defendant is or may be charged with child sexual abuse if the defendant is the parent of, the guardian of, a close relative of, or residing with the child;
with a crime of domestic violence;
or with a violation of a domestic violence TRO or injunction.
Current law also prohibits a prosecutor from entering into a deferred prosecution agreement with a defendant who is charged or may be charged with operating a vehicle while under the influence of an intoxicant or a controlled substance, causing injury to another while operating a vehicle while under the influence, or homicide by intoxicated use of a vehicle.
The bill prohibits a prosecutor from entering into a deferred prosecution agreement with a defendant who is or may be charged with any of the same crimes listed in items 1 to 7 above.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
20.410 (1) (gL) of the statutes is amended to read:
20.410 (1) (gL) of the statutes is amended S ECTION 4.
20.410 (1) (gL) Global positioning system tracking devices for certain violators of restraining orders.
814.75 (8m) of the statutes is amended to to read:
All moneys received under s.
read:
301.49 (5) and all moneys received from the global positioning system tracking surcharge on court fines, as authorized under s.
20.410 (1) (gL) Global positioning system tracking 814.75(8m) The global positioning system tracking surcharge under s.
or 973.057, for expenditures related to the global positioning system tracking program under s.
or 973.057.
devices for certain violators of restraining orders.
All S ECTION 5.
814.76 (6) of the statutes is amended to moneys received under s.
301.49 (5) and all moneys received from the global positioning system tracking sur- read:
charge on court fines, as authorized under s.
971.37 (1m) 814.76 (6) The domestic abuse surcharge under s.
(c) 1.
or 973.057, for expenditures related to the global 971.37 (1m) (c) 1.
or 973.055.
positioning system tracking program under s.
If the unencumbered balance in this appropriation account exceeds $100,000 immediately before the end of any fiscal year, the department of corrections shall transfer the excess to the appropriation account under s.
If S ECTION 6.
20.437 (1) (hh) at the end of that fiscal year.
814.80 (6) of the statutes is amended to the unencumbered balance in this appropriation account read:
814.80 (6) The domestic abuse surcharge under s.
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exceeds $100,000 immediately before the end of any fis- cal year, the department of corrections shall transfer the 971.37 (1m) (c) 1.
or 973.055.
excess to the appropriation account under s.
20.437 (1) S ECTION 7.
814.81 (6) of the statutes is amended to (hh) at the end of that fiscal year.
read:
20.437 (1) (hh) of the statutes is amended to read:
20.437 (1) (hh) of the statutes is amended 814.81 (6) The domestic abuse surcharge under s.
20.437(1) (hh) Domestic abuse surcharge grants.
to read:
All moneys received from the domestic abuse surcharge on court fines, as authorized under s.
or 973.055, to provide grants to domestic abuse services organizations under s.
49.165.
LRB-2063/1 - 2024 Legislature - 3 - CMH:klm SECTION 3 ASSEMBLY BILL 57 SECTION 3.
814.75 (8) of the statutes is amended to read:
814.75(8) The domestic abuse surcharge under s.
971.37 (1m) (c973.055.
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.
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.
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.
SECTION 8.
S ECTION 8.
967.056 Prosecution of certain crimes.
20.437 (1) (hh) Domestic abuse surcharge grants.
(1) NTENT.The legislature intends to encourage the vigorous prosecution of persons who commit offenses that are covered crimes.
All moneys received from the domestic abuse surcharge 967.056 Prosecution of certain crimes.
(2) DEFINITION.In this section, “covered crime” means any of the following:
(1) I NTENT.
(a) An act of domestic abuse, as defined in s.
on court fines, as authorized under 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.
971.37 (1m) (c) 1.
The legislature intends to encourage the vigorous prose- or 973.055, to provide grants to domestic abuse services cution of persons who commit offenses that are covered organizations under s.
49.165.
crimes.
SECTION 3.
814.75 (8) of the statutes is amended to (2) D EFINITION.
In this section, “covered crime” read:
means any of the following:
* Section 991.11ISCONSINSTATUTE:
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.” Wisconsin Act − 2 − 2023 Assembly Bill 57 (a) Anactof domestic abuse, as defined in s.
968.075 complaint or information is filed that alleges the person (1) (a), that constitutes the commission of a crime or a committed a covered crime or if the person is charged violation of a temporary restraining order or injunction with a covered crime.
issued under s.
(b) A violation of s.
SECTION 9.
968.075 (7) (c) of the statutes is created (b) A violation of s.
to read:
940.198 or 940.285 or a violation of a temporary restraining order or injunction issued under s.
940.198 or 940.285 or a violation 968.075 (7) (c) A policy indicating how the office of a temporary restraining order or injunction issued may best execute the intent of s.
967.056.
under s.
SECTION 10.
971.37 of the statutes is repealed.
(e) A crime specified in ch.
SECTION 11.
948, including a crime specified in s.
971.38 (1) of the statutes is amended to (e) A crime specified in ch.
948, including a crime read:
specified in s.
- 2024 Legislature - 4 - LRB-2063/1 CMH:klm ASSEMBLY BILL 57 SECTION 8 (f) A violation of s.
971.38 (1) Except as provided in 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, committing, soliciting, conspiring, or attempting to commit a violent felony, as defined in s.
967.055 (3) or (f) A violation of s.
941.29 (1m) if the individual has 967.056 (4), the district attorney may require as a condi- been convicted of, adjudicated delinquent for, or found tion of any deferred prosecution program for any crime not guilty by reason of mental disease or defect of, com- mitting, soliciting, conspiring, or attempting to commit that the defendant perform community service work for a public agency or a nonprofit charitable organization.
a violent felony, as defined in s.
(g) A violation of s.
The number of hours of work required may not exceed (g) A violation of s.
(3) D ISMISSING OR AMENDING CHARGE.
what would be reasonable considering the seriousness of (3) DISMISSING OR AMENDING CHARGE.
Notwithstanding s.
Notwithstand- the alleged offense.
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.
An order may only apply if agreed ing s.
In the application to the court, the prosecutor shall state the reasons for the proposed amendment or dismissal.
971.29, if an individual is charged with a covered crime, a prosecutor may not dismiss or amend the charge to by the defendant and the organization or agency.
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.
The without the approval of the court.
In the application to the district attorney shall ensure that the defendant is pro- vided a written statement of the terms of the community court, the prosecutor shall state the reasons for the pro- service order and that the community service order is posed amendment or dismissal.
The court may approve monitored.
the application only if the court finds that the proposed amendment or dismissal is consistent with the public’s SECTION 12.
971.39 (1) (intro.) of the statutes is interest in deterring the commission of covered crimes amended to read:
and consistent with the legislature’s intent expressed in 971.39 (1) (intro.) Except as provided in s.
967.055 (3) or 967.056 (4), in counties having a population of less sub.
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.
If a court approves at least one application in a than 100,000, if a defendant is charged with a crime, the 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.
13.172 (3) an district attorney, the department and a defendant may all annual report detailing each application the court enter into a deferred prosecution agreement which approved that year and how each approval is consistent includes, but is not limited to, the following conditions:
with the public’s interest and the legislature’s intent.
SECTION 13.
Initial applicability.
A prosecutor may not place a person in a deferred prosecution program if the person is accused of or charged with a covered crime.
A prosecutor may (1) This act first applies to a complaint, information, not place a person in a deferred prosecution program if a or charge filed on the effective date of this subsection.
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:
LRB-2063/1 - 2024 Legislature - 5 - CMH:klm SECTION 11 ASSEMBLY BILL 57 971.38 (1) Except as provided in s.
967.055 (3) or 967.056 (4)e district attorney may require as a condition 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 provided 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 , 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 accusations made or charges filed on the effective date of this subsection.
(END)
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