AB 87 — 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. (FE)

-Date 2026of LEGISLATUREenactment: LRB-0360/1 CMH:emw ASSEMBLY BILL 87 February 28, 2025 - Introduced by Representatives S ORTWELL , BRILL, DITTRICH , D UCHOW , GUNDRUM , KNODL , MURPHY , MURSAU , O'ONNOR and PENTERMAN , cosponsored by Senator F EYEN .

ReferredAssembly toBill Committee87 onDate Judiciary.of publication*:

WISCONSIN ACT A N A CT to amend 304.078 (3) and 973.20 (10) (a) of the statutes;

restitution orders following a convictioncon- viction for human trafficking and restoration of the right to vote to a person barred from voting as a result of a felony conviction.

AnalysisThe bypeople theof Legislative Reference Bureau Under current law, when a defendant is sentenced or placed on probation for a crime, the courtstate must order the defendant to pay restitution to the victim of theWisconsin, crimerepresented toin paysen- forSECTION costs2. incurred by the victim or the victim’s estate as a result of the crime.

The973.20 court(10) may(a) requireof thatthe restitutionstatutes beis paidate immediately,and withinassembly, ado specifiedenact time,as orfollows: in specified installments.

Theamended court may not set the time limit to beread: 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 - 2026 Legislature - 2 - LRB-0360/1 CMH:emw ASSEMBLY BILL 87 SECTION 1 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:

304.078 (3) of the statutes is amended to973.20 read:(10) (a) The If the defendant violated s.

304.078940.302 (3)(2) Ifor a948.051, personthe iscourt disqualifiedshall fromrequire votingthat underresti- s.to read:

6.03tution (1)be (b),paid hisimmediately orand, herif right to vote is restored when he or she completes the termdefendant offails, imprisonment304.078 or(3) probationIf fora theperson crimeis thatdisqualified ledfrom tovoting the disqualificationcourt andshall hasissue paidan allexecution fines,against costs,the fees,property surcharges,of andunder restitution,s. and has completed any court-ordered community service, imposed in connection with the crime.

The6.03 department(1) or,(b), ifhis theor personher isright sentenced to avote countyis jailrestored orthe housedefendant ofin correction, the jailersame themode electionsas commissionupon shalla informjudgment theen- personwhen inhe writingor atshe completes the timeterm hisof imprisonment or hertered rightin tothe votecircuit iscourt restoredin undercivil thisactions. subsection.

SECTIONIn 2.other cases, probation for the crime that led to the disqualification the court may require that restitution be paid immedi- and has paid all fines, costs, fees, surcharges, and resti- ately, within a specified period, or in specified install- ments.

973.20If (10)the (a)defendant ofis theplaced statuteson isprobation amendedor sen- tution, and has completed any court-ordered community tenced to read:imprisonment, the end of a specified period service, imposed in connection with the crime.

973.20The (10)de- (a)shall Thenot Ifbe later than the defendantend violatedof s.any period of probation, partment or, if the person is sentenced to a county jail or house of correction, the jailer the elections commission extended supervision, or parole.

940.302If (2) or 948.051, the courtdefendant shallis requiresen- thattenced restitutionto bethe paidintensive immediatelysanctions and,program, if the defendantend fails,of thea court shall issueinform anthe executionperson againstin writing at the propertytime ofhis theor defendanther inspecified theperiod sameshall modenot asbe uponlater athan judgmentthe enteredend inof the circuitright courtto invote civilis actions.restored under this subsection.

Insentence otherunder cases,s. the court may require that restitution be paid immediately, within a specified - 2026 Legislature - 3 - LRB-0360/1 CMH:emw ASSEMBLY BILL 87 S ECTION 2 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.

END* )Section 991.11, ISCONSINSTATUTES:

Effective date of acts.

XEvery act and every portion of an act enacted by the legislature over the gov- ernor'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.Y