Laws and Legislation
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The WJI Laws and Legislation page aims to provide overviews of new laws and new legislation that relate to the justice system.
AB250 – Would prohibit anyone with a felony record from getting a retail tobacco license. The connection between felonies and tobacco sales is not explained.
The bill also would appear to criminalize possession of home-brewing equipment, unless it is for wine. There may be something I'm not understanding here, but the Legislative Reference Bureau summary puts it this way: "The bill generally prohibits a person from possessing a still or other apparatus for manufacturing, rectifying, distilling, refining, or purifying intoxicating liquor other than wine. A person who violates this prohibition may be fined not more than $10,000 or imprisoned for not more than nine months or both. The prohibition does not apply to a person that holds an intoxicating liquor manufacturer's or rectifier's permit from DOR or that has registered the still or a distilled spirits plant under federal law." (Emphasis added) The bill itself also says that "the possession of any such still, leach tub, or other apparatus is prima facie evidence of possession for the purpose of manufacturing, rectifying, distilling, refining, or purifying of intoxicating liquor other than wine." Guess I will have to hide my carboy from the cops if this passes! SB318 – Would make it illegal for a fugitive from justice to possess a firearm, which already is the case under federal law. The state bill defines “fugitive from justice” as someone leaves a jurisdiction or hides out to escape prosecution or to avoid giving testimony in a criminal proceeding. Violations would be punishable by up to 10 years in prison and a $25,000 fine.
SB317 – Would make it illegal under state law, as it already is under federal law, for a person convicted of misdemeanor domestic violence to possess a gun. The prohibition also would apply to people found not guilty of misdemeanor domestic violence due to mental disease or defect. Violations would be punishable by up to 10 years in prison and a $25,000 fine. SB314 – lWould exempt Wisconsin-made guns that do not leave the state from the U.S. Constitution's interstate commerce clause. This bill would prohibit enforcement of new federal laws, rules, or orders, according to the Legislative Reference Bureau summary, "if it bans or restricts semi-automatic firearms, assault weapons, or magazines; requires registration of firearms, magazines, or other firearm accessories; regulates the capacity of magazines; regulates the quantity of ammunition or bullets an individual may possess; prohibits types of ammunition or bullets; or requires the confiscation of a firearm." Violating the prohibition generally would be a misdemeanor punishable by up to nine months in jail and a $10,000 fine. The bill would, however, allow police to enforce new federal laws if they are identical to state laws. Finally, the bill forbids state and local governments from using any resources to to seize guns, gun accessories, or ammunition that is legally possessed under sate law. SB299 – Would require a DNA sample from anyone who was placed on community supervision in another state after April 1, 2015 and who moves to Wisconsin and who will be supervised by the Wisconsin Department of Corrections. It would not matter what the conviction was for – the requirement would apply to all cases.
Currently, the out-of-staters must provide DNA samples only if they were convicted on or before January 1, 2000, for a crime comparable to first- or second-degree sexual assault in Wisconsin, or they were on supervision related to something that would be a felony in Wisconsin. SB296 – Would make it a felony to simply be at a protest where there is significant damage done. People convicted under the law would not have to cause the damage or encourage those who do cause it, but would simply have to be somewhere in the vicinity. It's not even clear if people convicted under the bill would have to know about the damage.
It would be a misdemeanor simply to be at a "riot" where someone else poses a clear and present danger of committing property damage. Below are the salient points. First, the bill says a “riot” is a public disturbance that involves an unlawful assembly and one of the following: 1. An act of violence by at least one person in the unlawful assembly that constitutes a clear and present danger of property damage or personal injury or would result in property damage or personal injury. 2. A threat to commit an act of violence made by at least one person in the unlawful assembly if there was an ability to immediately execute the threat and if the threatened act would constitute a clear and present danger of property damage or personal injury or would result in property damage or personal injury. 3. An act of violence by at least one person in the unlawful assembly that substantially obstructs law enforcement or another governmental function. It would be a misdemeanor to attend a riot, incite a riot, incite a riot, or block or obstruct a road while participating in a riot. The attendance misdemeanor would carry a mandatory-minimum of 30 days in jail. The bill also would make it a felony, with a minimum penalty of 45 days in jail, to "knowingly" be at a "riot" that results in substantial property damage or personal injury. The maximum penalty would be 3½ years in prison and a $10,000 fine. It also would make it a felony punishable by up to six years in prison and a $10,000 fine, to hurt a National Guard member, and a felony punishable by 3½ years in prison and a $10,000 fine to throw bodily fluids and the National Guard member. SB295 – Would strip legal immunity from police officers in civil cases arising from actions they take (or don't) while on the job. It also would make officers facing those claims more likely to personally bear the costs of defending themselves and the ultimate plaintiff's awards.
SB245 – Would prohibit prostitution prosecutions, either as an adult or juvenile, a person under the age of 18.
SB242 – Would make it a felony, punishable by up to 3½ years in prison and a $10,000 fine, for a person to recklessly handle, store, or treat a vaccine, drug, or biologic product used as a therapeutic treatment in a manner that may render the item unsafe, tainted, spoiled, ineffective, or unusable. The item would not actually have to be damaged for the person to be found guilty. The person, in doing the act, must create an unreasonable and substantial risk of death or great bodily harm to another and must be aware of that risk.
SB238 – Would require a school board, the operator of an independent charter school, or the governing body of a private school participating in a parental choice program or in the Special Needs Scholarship Program to post in a conspicuous location in a public area of each school building a sign that contains the telephone number for the local county or state agency that is responsible for receiving reports of, and conducting investigations regarding, child abuse or neglect.
SB268 – Prohibits election workers who staff a recount from being paid a different daily wage than that paid for similar jobs at the election.
SB264 – Extends the time allowed to hold a hearing for a juvenile in detention by excluding from the 24-hour deadline any time the clerk of court's office is closed due to inclement weather or undefined "unforeseen emergency."
SB257 – Makes it a felony, punishable by up to 3½ years in prison and a $10,000 fine, to impersonate a public officer, employee, or utility employee with the intent to mislead others into believing the impersonation.
SB251 – Prohibits discrimination based on traits historically associated with race, including hair texture and protective hairstyles.
SB245 – Would prohibit prostitution prosecutions, either as an adult or juvenile, of a people under the age of 18.
SB242 – Would make it a felony, punishable by up to 3½ years in prison and a $10,000 fine, for a person to recklessly handle or store a vaccine or medicine in a way that might make it unsafe, tainted, spoiled, ineffective, or unusable. The item would not actually have to be damaged for the person to be found guilty. The person, in doing the act, must create an unreasonable and substantial risk of death or great bodily harm to another and must be aware of that risk.
SB238 – Would require a school board, the operator of an independent charter school, or the governing body of a private school participating in a parental choice program or in the Special Needs Scholarship Program to post in a conspicuous location in a public area of each school building a sign that contains the telephone number for the local county or state agency that is responsible for receiving reports of, and conducting investigations regarding, child abuse or neglect.
SB223 – Would require the State Department of Corrections to reimburse counties for holding for more than 10 days inmates awaiting transfer to a state prison. The reimbursement rate would be $50 per person per day or a contract daily rate, whichever is greater.
SB219 – Would allow courts to hold via telephone or audiovisual means any criminal proceeding or proceeding governed by the Juvenile Justice Code unless good cause is shown not to do so. The proceedings held electronically would be treated as if they occurred in open court.
AB219 – Requires any COVID rebate payment received by any incarcerated person be first used to pay any restitution previously ordered.
AB214 – Makes it a felony to "refuse, resist, or obstruct the installation of a GPS tracking device" by the Department of Corrections. The crime would be punishable by a fine of up to $10,000 and imprisonment for 3½ years.
SB214 – Allows municipalities to start processing absentee ballots the day before election day - under existing law they may not be counted until election day – if certain conditions are met. Those conditions govern the hours the ballot canvassers can meet, public posting of the number of ballots counted and still to be counted, and securing equipment. The bill would prohibit absentee vote-tallying until the canvass is complete or after the polls close on election day, whichever is later. Anyone who acts in a way that could allow them to get the results or partial results early could be hit with a Class I felony charge, punishable by 3½ years in prison and a $10,000 fine. Likewise, any member of a board of canvassers or any other election official who "willfully neglects" or refuses to follow any provision of state election law also would be guilty of a Class I felony.
SB213 – Allows a crime related to an election to be charged and tried in any county within the area covered by any office on the ballot for the election involved. Currently, defendants in election cases are generally tried where the defendants live.
SB212 – Would prohibit election officials from deliberately assisting or causing the casting or counting of an invalid vote or the receipt of an invalid registration; deliberately rejecting a vote or registration the official knows to be valid; and deliberately failing to report election fraud committed by another election official. Violations of the provisions would be a Class I felony, meaning penalties of up to 3½ years in prison and a $10,000 fine. The bill also would block the municipal clerk from correcting errors in the certificates completed by absentee voters and signed by individual voters and witnesses. The bill also would require municipal clerks who receive ballots with improperly completed or missing certificates to return the ballot to the voter and post a notice of the defect on the voter's information page on the MyVote Wisconsin site.
SB211 – Requires the Elections Commission to establish forms and instructions for absentee ballot applications. The application would have to certify facts showing that the applicant is eligible to vote in the election and would have to include the voter's municipality and county of residence; the voter's name, date of birth, and contact information, including the voter's telephone number, fax number, and e-mail address; the street address of the voter's legal voting residence; the election at which the voter intends to vote absentee; whether the voter is a military or overseas voter; the voter's confidential identification serial number if the the voter has one; the lawful method by which the voter prefers to receive the absentee ballot; and whether the voter is hospitalized.
SB210 and AB170 – Establishes new rules for election observers. Under it, according to the Legislative Reference Bureau summary, observers would be prohibited from wearing any campaign material advocating voting for or against a candidate or for or against any position on a ballot question. Violators could be expelled from the site, but an observer who violates the prohibition more than once is considered to be engaged in disorderly conduct and guilty of a Class B misdemeanor, punishable by up to 90 days in jail and a fine of up to $1,000. In addition, an election observer may not interfere with a voter nor hinder an election official. Violations would carry a forfeiture penalty of up to $500." Currently, observers watching the absentee ballot canvass can watch the action from an area that is three to eight feet from the table where voters announce their name and address and three to eight feet from the table where individuals are registered to vote. The bill would change the distances so that they are not more than three feet from the table where voters announce their name and address and not more than three feet from the table where individuals are registered to vote.
SB209 – Limits legal drop boxes where voters could return absentee ballots to ones attached to the building where the municipal clerk's office is located.
SB207 and AB173 – Would prohibit municipal and county officials from seeking or accepting accept any money, equipment, materials, or personnel from an individual or nongovernmental to assist with election administration, except as expressly authorized by law. The State Elections Commission could accept money, but would have to distribute it throughout the state on a per-capita basis, and could only spend the money in ways approved by the Joint Finance Committee. Violations of the provisions would be a Class I felony, meaning penalties of up to 3½ years in prison and a $10,000 fine.
SB206 – Establishes requirements for a person to be considered indefinitely confined and eligible to receive a mailed absentee ballot at each election. Currently, a voter can simply sign a statement indicated indefinite confinement. The bill would require that the voter's statement claiming that he or she is indefinitely confined be made under oath; require, if the voter is under the age of 65, that the voter's statement be signed by a physician, physician assistant, or advanced practice registered nurse; specify that the existence of an outbreak or epidemic of a communicable disease in a voter's community does not qualify the voter as indefinitely confined; provide that a voter's status as indefinitely confined is removed every two years unless the voter submits a renewal application. The bill would require the Elections Commission to help cancel the indefinitely confined status of anyone who received it between March 12, 2020 and Nov. 6, 2020. Making a false statement on an application would be a Class I felony, punishable up to 3½ years in prison and a $10,000 fine.
SB205 – Requires the administrator of a nursing home or care facility to provide notice of the dates and times when voting deputies will be visiting the home or facility to allow residents to cast an absentee ballot in person. The notice would have to be given for each resident participating in the absentee voting events and provided to the relatives for whom the home or facility has contact information. The bill also would make it a Class I felony, punishable by up to 3½ years in prison and a $10,000 fine, for an employee of those institutions to influence a resident to apply for or not apply for an absentee ballot or cast or refrain from casting a ballot or advocate for a candidate.
SB203 – Would allow a voter to use a for-profit delivery service to return to a municipal clerk an absentee ballot application. Currently, voters are required to return an application by mail or in person. The bill also changes who can deliver a completed absentee ballot. Currently, the ballot may be returned to the municipal clerk by the voter or by mail. The bill would allow the ballot to be returned mail or by the voter, a member of the voter's immediate family, or the voter's legal guardian. Those people could return the ballot to the municipal clerk's office or approved voting site. If the voter is unable to deliver the absentee ballot and has no legal guardian or immediate family in the state, the voter may designate, in writing, one Wisconsin voter to deliver the ballot, but the voter could not choose a candidate on the ballot or pay the person to deliver the ballot. The bill would also prohibit a designated person from delivering more than one ballot in a single election for a person who is not an immediate family member. The bill would make it a felony for a Class I felony, punishable by 3½ years in prison and a $10,000 fine, for a person who is not a family member or officially designated person, to obtain a completed ballot from a voter to deliver a it to the clerk or polling place. The bill also would allow a municipality to establish a site other than the municipal clerk's office as a location for the return of completed absentee ballots, but would prohibit using that site as a place where a person could request an absentee ballot and vote. The site also would have to be as close as practicable to the municipal clerk.
SB193 – Would open up law enforcement jobs to immigrants in this country under the Deferred Action for Childhood Arrivals program and whom the Department of Homeland Security has authorized to be hired in law enforcement.
SB188 – Would require the Department of Corrections to recommend revocation of supervised released if a person is charged with a crime while under supervision. The type of crime does not matter, and the revocation would occur at the time of the charge, not of conviction. It does not include a provision for the person to be released if they are found not guilty or if the charge is dropped.
The bill would also prohibit a person's record from being expunged if that person had previously been convicted of a crime, including a crime for which the record had been expunged. Finally, the bill would change the definition of "completed sentence." The law now mandates that expungement does not occur until the person has completed their sentence. And that means there can't be a subsequent offense or a supervised supervision revocation, and all the conditions of supervision must be satisfied. The bill would add that a person has not completed their sentence if new criminal charges are pending or, if on probation, they violated any rule or condition of probation. The person also would have to wait for at least a year after being put on probation before the expungement could take effect. SB175 would increase penalties for harassing sports officials. That is now a non-criminal forfeiture, but the bill make the offense a misdemeanor punishable by nine months in jail, a fine of up to $10,000, or both.
SB165 requires the Law Enforcement Standard Boards to regulate recruiting standards for new law enforcement, jail, and juvenile detention officers. The board now regulates the training of law enforcement officers.
The bill also requires law enforcement agencies to maintain personnel files on each employee and requires prospective employees of law enforcement, jail, or juvenile detention facility to authorize release of their files to the agency to which they are applying. The bill also would grant to agencies that release the files immunity from liability related to the release or use of the files. SB164 and AB130 – Establishes a state forfeiture for possession no more than 10 grams of marijuana – about a third of an ounce – at $100. The current first-offense penalty for possession of marijuana is a fine of up to $1,000 and up to six months incarceration. Repeat offenses are felonies punishable by a fine of up to $10,000 or 3½ years in prison, or both. The bill also would take away discretion from local governments if they opt to enforce marijuana prohibitions through their own municipal ordinances rather than state law. The bill would prohibit them from differing from the state's $100 penalty for possessing no more than 10 grams of marijuana. Municipalities also would keep control of setting penalties for possession of more than 10 grams of cannabis.
SB162 would broaden immunity for people who participate in child abuse reporting and investigation. From the Legislative Reference Bureau summary:
Under current law, any person or institution participating in good faith in the making of such a (child abuse) report, conducting an investigation, ordering or taking of photographs, or ordering or performing medical examinations of a child or of an expectant mother has immunity from any liability, civil or criminal, that results by reason of the action. This bill adds that this immunity extends to persons who assist in medical examinations of a child or expectant mother and to persons who otherwise, in good faith, provide information, assistance, or consultation in connection with a report, investigation, or legal intervention. SB161 allows the state to certify qualified residential treatment programs and establishes certain procedures that apply when a child is placed in one. This is very long (52 pages!) and complex, and has bipartisan support.
SB153 creates a sexual assault victim's bill of rights. The bill, according to the Legislative Reference Bureau, would allow sexual assault victims, regardless of whether or not they choose to cooperate with a law enforcement agency, the right:
SB123 and AB109 would require the state Department of Justice to publish annual reports on law enforcement use of force incidents, including incidents where there was a shooting, where a firearm was discharged in the direction of a person (even if there was no injury), and where other serious bodily harm resulted from the incident.
SB120 and AB108 requires law enforcement to specify in their use-of-force policies when use of force must be reported and how to do so. The bill also would require officers who participate or see a use of force to report it. The bill also prohibits disciplining an officer for reporting use-of-force violations.
AB145 – Would prohibit the Department of Health Services from distributing the COVID-19 vaccine to anyone incarcerated who is under 60 years old until 21 days after the vaccine is available to the general public.
AB127 – Would classify as second-degree sexual assault sex between a law enforcement officer and a person in their custody, whether or not that sex is consensual. The crime would be punishable by up to 25 years in prison, 15 years of extended supervision, and $100,000 in fines. The offender also would be subject to sex offender registration requirements.
SB85 / AB83 – Extends the definition of "stalking" to explicitly include attempts to contact the victim via text messaging and other electronic forms of communication, including sending and posting online content. Stalking is punishable by 3½ years in prison and a $10,000 fine. Signed into law as Wisconsin Act 28.
SB53 / AB42 – Makes it a felony to break into a home or certain other places with the intent to commit misdemeanor battery. The penalty would be up to 12 1/2 years in prison, a $25,000 fine, or both. Approval recommended Feb. 12 by the Senate Judiciary and Public Safety Committee, 5-2.
SB31 – Would prohibit the Marriage and Family Therapy, Professional Counseling, and Social Work Examining Board from establishing as unprofessional conduct 1) discriminating on the basis of gender, gender identity, or ethnicity; 2) engaging in sexual conduct with a former client; 3) employing or promoting a treatment that attempts to change a person's sexual orientation or gender identity; and 4) failing to adequately supervise subordinates. Referred to the Labor and Regulatory Reform Committee on March 16.
SB28 / AB98 – Makes it a Class H felony for a person who is placed in a facility awaiting a commitment trial as a sexually violent person to commit battery against an officer, employee, agent, visitor, or other resident of the facility. Class H felonies are punishable by a fine of $10,000, six years in prison, or both. Signed into law as Act 13.
SB26 – Creates a $5,000 surcharge to be imposed on persons who are convicted of patronizing or soliciting prostitutes, pandering, or keeping a place of prostitution. Under this bill the surcharge amounts collected are used for treatment and services for sex-trafficking victims and for criminal investigative operations and law enforcement relating to Internet crimes against children. Recommended for adoption Feb. 12 by the Senate Judiciary and Public Safety Committee on a 5-2 vote.
SB24 – Would prohibit an out-of-home placement for a child for a child may from receiving a license if the if the licensee, employee, or nonclient resident of the out-of-home placement has pled no contest to a charge of certain crimes against a child or has had a charge for those crimes dismissed or amended as a result of a plea agreement. Also would prohibit a juvenile court from placing a child with a relative other than a parent or with another person who is not licensed under the Children's Code if the relative or unlicensed person has been convicted, pled no contest, or been subject to a plea agreement for a crime against a child.
Fiscal estimate – The Department of Children and Family Services estimates at least five child welfare training sessions would need to be updated at a cost of $100,000 to $150,000. At least five child welfare trainings would need to be updated at a total cost of approximately $100,000 to $150,000. The bill would require changes to the statewide child welfare information system at a cost of about $500,000. Approved by Senate March 16. SB20 / AB45 – Allows broker-dealers and investment advisers to temporarily delay transactions or disbursements from the accounts of vulnerable adults when financial exploitation of a vulnerable adult is suspected. It also increases penalties for securities violations committed against these vulnerable adults.
SB19 / AB46 – Allows financial service providers to refuse or delay financial transactions when financial exploitation of a vulnerable adult (anyone 60 or older) is suspected.
SB18 / AB43 – This bill creates a requirement that a court expedite proceedings in criminal and delinquency cases and juvenile dispositional hearings involving a victim or witness who is an elder person. Approved by the Senate.
SB17 – Creates harsher penalties for a variety of crimes committed against "elder persons." Approved by the Senate Feb. 16.
SB8 – Blocks incarcerated people from getting the COVID vaccine until they would be otherwise eligible; prohibits the Department of Health Services from prioritizing incarcerated persons within a vaccine allocation phase. Approved by the Senate.
SB 6 – Imposes criminal penalties if not enough effort is made to keep a by medical staff to save children born alive following abortion or attempted abortion. Available for scheduling.
Assembly Resolution 3 – Alleging improper voting practices, establishes "fixing them" as top priority.
2019-2020 Laws
Here is a look at justice-related legislation adopted by the State Legislature in the 2019-20 session. The links below will take you to blog posts summarizing new laws and providing information about sponsors, votes, and testimony.
It was not a good year for criminal justice reform in Wisconsin. The Legislature and Gov. Evers approved legislation calling for harsher penalties and the expansion of definitions to create more crimes. Legislation aimed at reigning in the incarceration industry was consistently defeated. Evers did not veto any legislation that increased criminal penalties. He did, however, veto harmful bills that would have required the Department of Corrections to recommend revoking the probation, extended supervision and parole of anyone on such community supervision accused of new crimes. He also vetoes measures that would have increased the number of crimes for which juveniles could be incarcerated and another that would have restricted access to early release programs for people convicted of certain crimes. Laws adopted during the 2019-20 Wisconsin legislative session: 2019 Act 8 – Delaying juvenile justice reform 2019 Act 16 – Adding a definition related to child pornography 2019 Act 31 – Mandatory minimum sentence for homicide by intoxicated use of a vehicle. 2019 Act 33 – Harsher penalties for trespassing on or damaging utility property 2019 Act 41 – New criminal penalties for unlicensed massage therapists 2019 Act 97 – Harsher penalties for battery to a health worker 2019 Act 106 – $13.6 million to lock up repeat drunk drivers 2019 Act 111 – Inmate possession of unauthorized anything now a felony 2019 Act 112 – Toughening penalties for intimidating a witness who is a domestic violence victim 2029 Act 132 – "Swatting" is now a felony. 2019 Act 144 – Mail theft (and porch pirating) is now its own crime. 2019 Act 161 – Money laundering is a crime 2019 Act 162 – Sex with a non-human animal is now a felony |
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