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- 2024 LEGISLATURE LRBs0107/1 CMH:all ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 37 February 14, 2024 - Offered by RepresentativTEFFEN.
- 2024 LEGISLATURE LRB-0955/1 CMH&MIM:emw ASSEMBLY BILL 37 February 13, 2023 - Introduced by Representatives STEFFEN, TITT, GOYKE, C.
ANDERSON , NDRACA , RMSTRONG , BALDEH, ARE , ILLING, BROOKS, CABRERA, CLANCY, CONLEY , CONSIDIN, DONOVAN , DOYLE, D RAKE, EDMING, EMERSON , GUNDRUM , G USTAFSON, HAYWOOD , HONG , OERS , KITCHENS, KRUG, M ACCO, M ADISON, MCG UIRE, MOORE OMOKUNDE , M OSES, M URSAU, MYERS , NOVAK, O'CONNOR , HNSTAD , RTIZV ELEZ, ATCLIF, RIEMER, OZAR, CHMIDT, SCHRAA, SHANKLAND , SHELTON , SINICK, SNODGRASS , SNYDER , SORTWELL , STUBBS, SUBECK , VINING, ZIMMERMAN and J ACOBSON, cosponsored by Senators CABRAL-G UEVARA, WIMBERGER, ROYS, ELZKOWSKI, AMES , .JOHNSON, LARSON, SPREITZER, TAYLOR, WANGGAARD and W IRCH.
Referred to Committee on Criminal Justice and Public Safety.
a., 973.015 (1m) (a) 3.
a., 973.015 (1m) (b) and 973.25 (1) (a);
b., 973.015 (1m) (b) and 973.25 (1) (a);
and to create 111.335 (3) (ag), 111.335 (3) (g), 973.015 (1b), 973.015 (1m) (a) 1.
and to create 111.335 (3) (ag), 111.335 (3) (g), 111.335 (3) (h), 111.335 (3) (i), 973.015 (1b), 973.015 (1m) (a) 1.
c., d., e., f.
c., cg., cr.
and g.
and d.
Analysis by the Legislative Reference Bureau Under current law, a court may order a person's criminal record expunged of a crime if all of the following apply:
1.
The maximum term of imprisonment for the crime is six years or less (Class H felony and below).
2.
The person committed the crime before the age of 25.
3.
The person had not been previously convicted of a felony.
4.
The crime was not a violent felony.
Current law specifies that the expungement order must be made only at sentencing and then the record is expunged when the person completes his or her sentence.
This bill removes the condition that the person committed the crime before the age of 25.
(The bill retains the requirements that the crime be no greater than a Class - 2024 Legislature - 2 - LRB-0955/1 CMH&MIM:emw ASSEMBLY BILL 37 H felony, the person had no previous felony convictions, and the crime was not a violent felony.) The bill makes certain crimes ineligible for expungement, such as traffic crimes, the crime of violating a domestic abuse restraining order or injunction, criminal trespass, and criminal damage to a business.
The bill also allows the sentencing court to order that a person's record not be eligible for expungement.
The bill also provides that, if the sentencing court did not order the record expunged, the person may file a petition with the sentencing court after he or she completes his or her sentence.
Upon receipt of the petition, the court must review the petition and then may order the record expunged or may deny the petition.
If the court denies the petition, the person may not file another petition for two years.
The person must pay a $100 fee to the county for a second petition, and no person may file more than two petitions per crime.
The bill limits a person to one expungement.
The changes described in this paragraph retroactively apply to persons who were convicted of a crime before the bill takes effect.
The bill provides that, if a record is expunged of a crime, that crime is not considered a conviction for employment purposes and specifies that employment discrimination because of a conviction record includes requesting a person to supply information regarding a crime if the record has been expunged of the crime.
Finally, the bill provides that it is not employment discrimination because of conviction record for the Law Enforcement Standards Board to consider a conviction that has been expunged with respect to applying any standard or requirement for the certification, decertification, or required training of law enforcement officers, tribal law enforcement officers, jail officers, and juvenile detention officers.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
Employment discrimination because of conviction record includes, but is not limited to, requesting an applicant, employee, member, licensee, LRBs0107/1 - 2024 Legislature - 2 - CMH:all SECTION 2 or any other individual, on an application form or otherwise, to supply information regarding a crime the record of which has been expunged under s.
Employment discrimination because of conviction record includes, but is not limited to, requesting an applicant, employee, member, licensee, or any other individual, on an application form or otherwise, to supply information regarding a crime the record of which has been expunged under s.
A request to supply information regarding criminal convictions shall not be construed as a request to supply information regarding a crime the record of which has been expunged under s.
A request to supply information regarding criminal convictions shall not be construed as a LRB-0955/1 - 2024 Legislature - 3 - CMH&MIM:emw SECTION 2 ASSEMBLY BILL 37 request to supply information regarding a crime the record of which has been expunged under s.
111.335 (3) (h) of the statutes is created to read:
111.335 (3) (h) Notwithstanding s.
111.322, if an employer is required by federal law or by a contract with the federal government to inquire into the criminal history of an individual for purposes of employment, and is prohibited by such law or contract from employing individuals with certain criminal convictions, including employers engaged in the business of insurance under 18 USC 1033 and 1034, it is not employment discrimination because of a conviction record for such an employer to do any of the following:
LRBs0107/1 - 2024 Legislature - 3 - CMH:all SECTION 4 1.
Request an applicant, employee, or contractor to supply in writing information regarding a crime, the record of which has been expunged under s.
973.015.
2.
Refuse to employ, or terminate the employment or contract of, an individual whose conviction record has been expunged under s.
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973.015, or who refuses to supply information about such an expunged conviction record, if the employer is prohibited from employing such an individual.
SECTION 5.
111.335 (3) (i) of the statutes is created to read:
111.335 (3) (i) If requested by an employer that is prohibited by federal law or by a contract with the federal government from employing individuals who have been convicted of certain crimes, an individual who is granted an expungement under s.
973.015 shall disclose the expunged criminal conviction for either of the following purposes:
1.
Employment with an employer engaged in the business of insurance, for the purpose of complying with 18 USC 1033 and 1034, or other federal law that requires exclusion of certain individuals from employment.
2.
Employment with an employer that is required to exclude individuals with certain criminal convictions from employment pursuant to a contract with the federal government.
SECTION 6.
(3) (a) (ar) 1.
(3) (a) because the individual was adjudicated delinquent under ch.
because the individual was adjudicated delinquent under ch.
LRBs0107/1 - 2024 Legislature - 4 - CMH:all SECTION 7 SECTION 7.
SECTION 5.
SECTION 8.
SECTION 6.
111.335 (4) (e) A state licensing agency that may refuse to license individuals under sub.
- 2024 Legislature - 4 - LRB-0955/1 CMH&MIM:emw ASSEMBLY BILL 37 SECTION 6 111.335 (4) (e) A state licensing agency that may refuse to license individuals under sub.
(3) (a)r) 1.
(3) ((ar) 1.
(3) (a)ar) 1.
(3) (a) (ar) 1.
SECTION 9.
SECTION 7.
(3) (a) (ar) 1.
(3) (a)r) 1.
(3) (a)) 1.
(3) (a) (ar) 1.
SECTION 10.
SECTION 8.
SECTION 11.
SECTION 9.
SECTION 12.
SECTION 10.
LRBs0107/1 - 2024 Legislature - 5 - CMH:all SECTION 12 973.015 (1m) (a) 1.
973.015 (1m) (a) 1.
3., when a person is under the age of 25 at the time of the commission of an offense for which the person has been found guilty in a court for violation of a law for which the maximum period of imprisonment is 6 years or less, the, a court may order at the time of sentencing after a conviction that the record a criminal case be expunged upon successful completion of the sentence if the court determines the person will benefit and society will not be harmed by this disposition.
3., when a person is under the age of 25 at the time of the commission of an offense for which the person has been found guilty in a court for violation of a law for which the maximum period of imprisonment is 6 years or less, the, a court may order at the time of sentencing after a conviction that the record a criminal case be expunged LRB-0955/1 - 2024 Legislature - 5 - CMH&MIM:emw S ECTION 10 ASSEMBLY BILL 37 upon successful completion of the sentence if the court determines the person will benefit and society will not be harmed by this disposition.
S ECTION 13.
SECTION 11.
For an initial petition, unless the person submits an affidavit swearing that he or she is unable to pay the fee and the court waives it, the person shall pay to the clerk of circuit court a $20 fee to be retained for the use of the county.
Upon receipt of the petition, the court shall review the petition to determine if the person is ineligible to petition for expungement because subd.
For a 2nd petition regarding the same record, the person shall pay to the clerk of circuit court a $100 fee to be retained for the use of the county.
Upon receipt of the petition, the court shall review the petition to determine if the person is LRBs0107/1 - 2024 Legislature - 6 - CMH:all S ECTION 13 ineligible to petition for expungement.A person is ineligible to petition for expungement if the record is not available for the court to review, subd.
If the district attorney waives the hearing or at least 90 days have passed since the court forwarded the petition, the court may review the petition with or without a hearing.
If the district attorney waives the hearing or at least 90 days have passed since the court forwarded the petition, the court may - 2024 Legislature - 6 - LRB-0955/1 CMH&MIM:emw ASSEMBLY BILL 37 SECTION 11 review the petition with or without a hearing.
If the court orders a record be expunged under this subd.
1.
b., the record shall be expunged within 120 days of the order.
S ECTION 14.
For a 2nd petition regarding the same record, the person shall pay to the clerk of circuit court a $100 fee to be retained for the use of the county.
SECTION 12.
940.32, 948.03 (2), (3), or (5) (a) 1., 2., 3., or 4.
940.32, 948.03 (2), (3), or (5) (a) 1., 2., 3., or 4.,r 948.095.
301.45 (6) (a) 1.
SECTION 13.
or (ag) 1., 301.47 (3) (a), 301.475 (2) (b), 346.17 (3) (b), 940.30, 940.32 (2m), 941.20 (1m) (b), 941.21, 941.31 (2) (b), 943.23 (2) (a) or (3g), 944.18 (3) LRBs0107/1 - 2024 Legislature - 7 - CMH:all S ECTION 14 (a), 946.42 (2m), 946.425 (1), (1m) (b), or (1r) (b), 946.50 (5p), 948.055 (2) (b) 948.095, is a 2nd or subsequent violation of s.
951.08 (1) or (2), or is an attempt to commit a violation of 941.21 or 948.055 (2) (b).
SECTION 15.
b.
c., cg., cr.
of the statutes is amended to read:
and d.
973.015 (1m) (a) 3.
b.
A Class I felony, if the person has, in his or her lifetime, been convicted of a prior felony offense, or if the felony is a violent offense, as defined in s.
301.048 (2) (bm), or is a violation of s.
12.09, 12.11, 12.13 (1), (2) (b) 1.
to 7.
or (3) (a), (e), (f), (j), (k), (L), (m), (y), or (z), 13.05, 13.06, 19.45 (13), 19.59 (1) (br), 940.19 (2), 940.195 (2), 940.208, 940.32 (2) or (2e), 941.38 (2), 943.23 (3) (a), 947.019 (1), 948.10 (1) (a), 948.14 (2), 948.23 (1) (a), or 948.61 (2) (b), is a violation penalized under s.
11.1401 (1) (a) or (b), or is a violation of s.
951.02 or 951.06 if the violation is a Class I felony under s.
951.18 (1).
SECTION 16.
973.015 (1m) (a) 3.
c., d., e., f.
and g.
973.015(1m) (a) 3.
973.015 (1m) (a) 3.
A crime that was committed by a person who had attained the age of 25.
d.
e.
cg.
943.14 or, if the court noted in the record that the property damaged was a business, a violation of s.
940.32 or 943.14 or, if the court noted in the record that the property damaged was a business, a violation of s.
f.
cr.
g.
d.
SECTION 17.
LRB-0955/1 - 2024 Legislature - 7 - CMH&MIM:emw S ECTION 14 ASSEMBLY BILL 37 SECTION 14.
LRBs0107/1 - 2024 Legislature - 8 - CMH:all S ECTION 17 973.015 (1m) (b) A For purposes of par.
973.015 (1m) (b) A For purposes of par.
and, if on probation was imposed, the probation has not been revoked and the probationer has satisfied the conditions of probation.
and, if on probation was imposed, the probation has not been revoked and the probationer has satisfied the conditions of probationn successful completion of the a sentence involving incarceration or probation, the detaining or probationary authority shall issue and forward to the court of record a certificate of discharge which shall be forwarded to the court of record and which shall have the effect of expunging the record that indicates whether the person successfully completed his or her sentence.
Upon successful completion of the a sentence involving incarceration or probation, the detaining or probationary authority shall issue and forward to the court of record a certificate of discharge which shall be forwarded to the court of record and which shall have the effect of expunging the record that indicates whether the person successfully completed his or her sentence.
S ECTION 18.
SECTION 15.
The district attorney shall inform the victim of the manner in which he or she may provide written statements concerning the petition and, if the victim does not waive the hearing requirement, that he or she may appear at the hearing.
The district attorney shall inform the victim of the manner in which he or she may provide written statements concerning the petition and, if the victim does not waive the hearing requirement, that he or she may - 2024 Legislature - 8 - LRB-0955/1 CMH&MIM:emw ASSEMBLY BILL 37 SECTION 15 appear at the hearing.
If the victim waives the hearing requirement, the district LRBs0107/1 - 2024 Legislature - 9 - CMH:all S ECTION 18 attorney may inform the court that there is no objection to waiving the hearing requirement.
If the victim waives the hearing requirement, the district attorney may inform the court that there is no objection to waiving the hearing requirement.
SECTION 19.
SECTION 16.
SECTION 20.
SECTION 17.
48.685 (5m), 50.065 (4m), or 111.335 (3) (a), (b), (c), or (e) or (4) (h) or (i).
48.685 (5m), 50.065 (4m), or 111.335 (3)(ar), (b), (c), or (e) or (4) (h) or (i).
SECTION 21.0Initial applicability.
SECTION 18.0Initial applicability.
a., b., c., d., e., f., and g.
a., c., cg., cr., and d.
SECTION 22.0Effective date.
SECTION 19.0Effective date.
LRBs0107/1 - 2024 Legislature - 10 - CMH:all S ECTION 22 (1) This act takes effect on the first day of the 13th month beginning after publication.
LRB-0955/1 - 2024 Legislature - 9 - CMH&MIM:emw S ECTION19 ASSEMBLY BILL 37 (1) This act takes effect on the first day of the 13th month beginning after publication.
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