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2017-18 Legislative Session

Please click on Bill and Act numbers for additional information on the legislation.  For more information, please contact Legislative Liaison Adam Plotkin at This email address is being protected from spambots. You need JavaScript enabled to view it. or 608-264-8572.

 

Senate Bill

Assembly Bill

Act

Description

Date Added

  435  

Creates a $5000 surcharge on persons convicted of patronizing or soliciting a prostitute.  The surcharge would be used to fund treatment and services for victims of human trafficking and fund Internet Crimes Against Children enforcement

7/14/17

350    

Creates a felony penalty for possessing a semiautomatic assault weapon

7/13/17

349    

Creates a Class G felony penalty for possession of a firearm by a person on the federal "no fly" list

7/13/17

  431  

Requires that a gun be stored in a secure location in a residence if a person under 18 is at the residence.  Class A misdemeanor for first offense, Class I felony for subsequent offenses

6/30/17

  430  

Requires that a gun be stored in a secure location in a residence if one of the people residing in the residence is not allowed to possess a firearm.  Class A misdemeanor for first offense, Class I felony for subsequent offenses

6/30/17

  428  

Creates a new crime and criminal penalty for failing to report a lost or stolen firearm.  Class A misdemeanor for first offense, Class I felony for subsequent offenses

6/30/17

  425  

Modifies the definition of consent for sexual assault to include removing a sexually protective device during sexual contact without the partner's permission - also known as "stealthing"

6/30/17

339 424  

Allows Huber release for probationers held in a county jail for a probation violation

6/30/17

  408  

Creates a sexual assault victim bill of rights in Ch. 950

6/26/17

  407  

Removes the statute of limitations for 2nd degree sexual assault

6/26/17

  406  

Increases the penalty by one classification for 2nd, 3rd, and 4th degree sexual assault if there is a prior conviction for 1st, 2nd, 3rd, or 4th degree

6/26/17

325  414  

Creates a "Romeo & Juliet" Class A misdemeanor exception depending on the age of the actors

6/23/17

318 409   

Reduces the penalty for possession of not more than 10 grams of marijuana to a $100 forfeiture

6/23/17

308 400  

Increases the penalty for patronizing a prostitute from a Class A misdemeanor to a Class I felony for third or subsequent conviction

6/19/17

305 397  

Creates a Class G felony for going armed while participating in a riot

6/19/17

304 396  

Creates a Class A misdemeanor for blocking a thoroughfare while participating in a riot

6/19/17

303 395  

Creates a Class I felony for participating in a "riot" as defined by the bill

6/19/17

310 390  

Removes "knowing" from an OAR offense as allows, rather than requires, a court to consider mitigating factors

6/16/17

300 389  

Creates a Class A misdemeanor for soliciting a sexually explicit photograph from a person under 18 if the solicitor is over the age of 18

6/16/17

280 355  

Expands the definition and penalty structure for the crime of child neglect

5/31/17

279 351  

Creates standards for the capture, storage, use, and dissemination of body camera footage

5/31/17

264 345  

Allows for Huber release for revoked individuals in jail

5/22/17

262 335  

Adds fentanyl analogs to the list of Schedule I narcotics

5/19/17

 

331

 

Removes "at the time of sentencing" from the expunction statute; seals the CIB record; clarifies that the it is not reported on an employment application as a conviction; retroactive

5/19/17

SJR 53

AJR 47

 

First consideration of a constitutional amendment to add specific crime victim rights to the constitution

5/17/17

 

312

 

Requires DHS to notify and consult with a district attorney and local governments on Ch. 980 community placement

5/8/17

202

275

 

Expands the scope of the prohibition from an adult knowingly permitting alcohol consumption by an underage person

4/24/17

169

247

 

"Constitutional Carry" - removes most statutory restrictions on carrying a concealed firearm

4/14/17

155

231

 

Creates a State Prosecutor's Council similar to the State Public Defender Board

4/12/17

135

197

 

Permanent revocation of operating license (including occupational) after OWI 4, allows application for reinstatement after 10 years

4/4/17

133

196

 

Creates a felony penalty for installation, use and transfer of credit card data obtained from a credit card skimmer

4/4/17

 344

186

 

"Safe Harbor" - a person who is under the age of 18 may not be prosecuted for committing an act of prostitution

3/28/17

 

136

 

Authority of the Wisconsin Supreme Court to review a decision of a justice to deny a motion to disqualify the justice

3/8/17

 

135

 

Judicial disqualification based on campaign financial support

3/8/17

 

134

 

Creating a process for equally divided determinations of the Wisconsin Supreme Court on matters of judicial discipline or permanent disability

3/8/17

 

133

 

Creating a process for disqualification of a judge or justice

3/8/17

 

132

 

Creating an objective standard for the disqualification of a judge or justice

3/8/17

61

122

 

Changes to civil asset forfeiture

3/2/17

 

114

 

Adds tribal judges, prosecutors, law enforcement and their families as a special class for threatening to or causing bodily harm (Suggested by Joint Legislative Council)

3/2/17

82

111

 

Creates a Class I felony for intentionally conveying any threat or false
information concerning an attempt to use a firearm to injure or kill a person on school property, on transportation provided by a school, or at an event sanctioned by a school

3/1/17

72

99

 

Creates a mandatory minimum 18 month sentence for 5th and 6th offense OWI violations

2/24/17

73

97

 

Creates a 5 year mandatory minimum sentence for causing homicide by intoxicated use of a vehicle

2/24/17

54

94

 

Requires revocation if a person is charged with a new crime

2/24/17

53

93

 

Removes the requirement that expunction be ordered at the time of sentencing and creates a petition process to apply after completion of the sentence

2/24/17

58

92

 

Creates a Class E felony for the crime of carjacking

2/24/17

57

91

 

Creates an "undesignated felony" - a Class I felony which can be designated as either a Class I felony or a Class A misdemeanor after completion of the sentence

2/24/17

59

90

 

Expands the crimes for which a juvenile can be sentenced to the Serious Juvenile Offender Program to include any crime which would be a felony if committed by an adult

2/24/17

56

89

 

Extends the circumstances in which the three year mandatory minimum sentence for felony in possession of a firearm can be imposed

2/24/17

55

88

 

Expands the number of crimes subject to a mandatory minimum sentence and increases the mandatory minimum to 5 years

2/24/17

52

87

 

Removes the three-year limit on the amount of time certain juveniles in the Serious Juvenile Offender Program in a Type 1 juvenile correctional facility 

2/24/17

67

   

Enhances the penalty associated with a crime when enhanced by definition as a "hate crime"

2/21/17

38

75

 

Creates a medical use defense for marijuana possession

2/20/17

SS SB 5

SS AB 5

 34 

Allows for Ch. 51 detention via three-party petition for treatment for drug dependency

2/17/17

SS SB 3

SS AB 3

 33

"Good Samaritan" immunity from revocation for possession of a controlled substance

2/17/17

34

65

 

Creates a misdemeanor penalty for, with some exceptions, transferring a firearm without going through a federally licensed firearms dealer

2/13/17

 

48

 

Expands the definition of hate crime victims to include law enforcement officers

2/2/17

43

47

 

Creates a Class A misdemeanor penalty for any person who intentionally makes a material misstatement or omission or who submits falsified documentation in an application for a credential or for the renewal of a credential issued by the Department of Safety and Professional Services

2/2/17

283 

37

 

Increases the private bar rate of compensation from $40 to $100 per hour

1/20/17

 

35

 

Removes the option to have the criminal case decided by fewer than 12 jurors

1/20/17

 

23

 

Clarifies that SPD must conduct a financial eligibility determination before appointing counsel for a parent in a termination of parental rights case (suggested as remedial legislation by State Public Defender)

1/12/17

 

22

 

Changes "refusal" to "recusal" in title of s. 938.32(5) (suggested as remedial legislation by State Public Defender)

1/12/17

 

21

 

 Removes definition of "indigent in part" (suggested as remedial legislation by State Public Defender)

1/12/17

2017 Laws of Wisconsin

Below is a list of new laws passed and enacted in the 2017-18 legislative session.  Please click on Act numbers for text of the new law.  For more information, please contact Legislative Liaison Adam Plotkin at This email address is being protected from spambots. You need JavaScript enabled to view it. or 608-264-8572.


2017 Wisconsin Act 33 - Good Samaritan from Revocation

Passed as January 2017 Special Session Assembly Bill 3, Act 33 provides immunity from revocation of probation, parole, or extended supervision for a person who aids someone suffering a drug overdose and the aided person (provided they attend a treatment program following the incident. It also requires a prosecutor to offer a deferred prosecution for a possession offense to the aided person.

Act 33 takes effect on July 19, 2017 and has a 3 year sunset date of August 1, 2020.


2017 Wisconsin Act 34 - Civil commitment for drug treatment

Passed as January 2017 Special Session Assembly Bill 5, Act 34 allows for a three party petition seeking a Chapter 51 mental health commitment for drug dependency treatment.

Act 34 takes effect on July 19, 2017.

2013 Laws of Wisconsin

Below is a list of new laws passed and enacted in the 2013-14 legislative session.  Please click on Act numbers for text of the new law.  For more information, please contact Legislative Liaison Adam Plotkin at This email address is being protected from spambots. You need JavaScript enabled to view it. or 608-264-8572.



2013 Wisconsin Act 42 - Criminal penalties for trafficking SNAP benefits 

Passed as Assembly Bill 82, creates 5 new crimes related to the trafficking of Supplemental Nutrition Assistance Program (SNAP) benefits.  The penalty for violation of these new provisions is contained in s. 49.795(8).  The new crimes are:
  1. Buys, sells, steals, or otherwise exchanges SNAP benefits issued and accessed through the electronic benefit transfer program, or manually, for cash or other consideration.
  2. Exchanges firearms, ammunition, explosives, or controlled substances for SNAP benefits.
  3. Uses SNAP benefits to purchase food that has a container deposit for the sole purpose of returning the container for a cash refund.
  4. Resells food purchased with SNAP benefits for cash or other consideration.
  5. Purchases, for cash or other consideration, food that was previously purchased from a supplier using SNAP benefits.
Act 42 applies to all offenses committed on or after July 23, 2013.



2013 Wisconsin Act 79 - Probation & Parole search powers to law enforcement

Passed as Senate Bill 40, allows law enforcement officers to search the person, residence, or any property of the person's control if they are on on probation, parole or extended supervision following any felony conviction or a violation of any provision within Chapters 940, 948, or 961.  
 
The search must be reasonable and cannot be arbitrary, capricious, or harassing.

Act 79 applies to persons released on probation, parole or extended supervision on or after December 14, 2013.



2013 Wisconsin Act 83 - Defines "hazardous inhalant" as an intoxicant

Passed as Assembly Bill 62, which adds "hazardous inhalant" to the definition of intoxicant.
 
Hazardous inhalant is defined as: "...a substance that is ingested, inhaled, or otherwise introduced into the human body in a manner that does not comply with any cautionary labeling that is required for the substance under s. 100.37 or under federal law, or in a manner that is not intended by the manufacturer of the substance, and that is intended to induce intoxication or elation, to stupefy the central nervous system, or to change the human audio, visual, or mental processes."

Act 83 applies to acts committed on or after December 14, 2013.



2013 Wisconsin Act 84 - Increased access to supervised release under Ch. 980

Passed as Assembly Bill 28, essentially makes supervised release more attainable while making the standards for discharge more difficult to meet.
 
Here is a brief summary of changes: 
  • Changes "significant progress in treatment" to a presumption that the individual is currently participating in treatment and demonstrating sustained changes (i.e., "'significant progress in treatment' means that the person has done is doing all of the following...")
  • Clarifies that a court must appoint an examiner for the 12 month reexamination.
  • Clarifies that a supervised release petition can only be filed 12 months after a court has considered and denied a previous petition.
  • Codifies the State v. West standard of the individual having the burden of proving, by clear and convincing evidence, that they meet the standards for supervised release.
  • Expands the list of activities for which an individual on supervised release may leave their residence.
  • Allows, rather than requires, the court to look at the totality of evidence when considering discharge.
  • Requires a court to consider supervised release after a discharge petition is denied.
Act 84 takes effect on December 14, 2013.



2013 Wisconsin Act 88 - School premises prohibition for sex offender registrants

Passed as Assembly Bill 11, prohibits an individual listed on the sex offender registry from being on school premises without notification to school administration.  A first offense violation is punishable as a misdemeanor with second and subsequent offenses charged as a Class H felony.
 
There are exceptions to the notification requirement for voting, a non-school sponsored event, and an individual who has a child enrolled at the school (though notification is required once at the beginning of each school year.)
 
There is also an affirmative defense clause to allow for the defendant who is travelling directly to the school administration office to give notification.

Act 88 takes effect on December 15, 2013.



2013 Wisconsin Act 89 - Criminalizes theft of telecommunications or video services

Passed as Assembly Bill 191, increases the penalty for theft of telecommunication or video service from a forfeiture to a Class C misdemeanor.  It also allows the court to award reasonable attorneys fees.

Act 89 is effective on December 15, 2013.



2013 Wisconsin Act 158 - Changes to Chapter 51 Commitment process

P
assed as Assembly Bill 360, makes several changes to Chapter 51. The bill was the product of a Legislative Council study committee.
 
Section 6 (and elsewhere) of the act makes significant changes to the process and calculation of determining when liberty has been deprived for the purposes of the 72 hour probable cause hearing.

Act 158 is effective on March 29, 2014.



2013 Wisconsin Act 164 - Jury size

Passed as Assembly Bill 560, removes the requirement that a misdemeanor jury shall be 6 people and replaces that with the ability to use a jury of 6 if all parties stipulate.

Act 164 is effective on March 29, 2014.



2013 Wisconsin Act 194 - Immunity for possession of controlled substance

Passed as Assembly Bill 447, provides an immunity from prosecution for possession of a controlled substance for a person who summons emergency services for another person suffering from an overdose of a controlled substance.

Act 194 is effective on April 9, 2014.



2013 Wisconsin Act 196 - Dosage based probation program

Passed as Assembly Bill 702, creates a statutorily expanded process of short term revocation sanctions for persons on probation, parole and extended supervision similar to what exists in current law for extended supervision only.
 
Act 196 was amended to add provisions creating a new felony crime for attempting to possess a schedule I or II controlled substance.

Act 196 applies to a violation which occurs after the effective date - Wednesday, April 9, 2014.  The Department of Corrections may require additional time to get the short terms sanctions program fully operational. 



2013 Wisconsin Act 200 - Immunity for administering Narcan 

Passed as Assembly Bill 446, provides immunity from civil and criminal liability for a person who administers an opioid antagonist (Narcan) to another person when there is reasonable belief that the person is suffering an opioid-related drug overdose.

Act 200 is effective on April 9, 2014.



2013 Wisconsin Act 213 - Prohibition on the use of drones

P
assed as Senate Bill 196, prohibits the use of drones by law enforcement to gather evidence or other information for a criminal investigation without first obtaining a search warrant.
 
Act 213 also creates a Class A misdemeanor for using a drone to photograph a person where they have a reasonable expectation of privacy.  It also creates a Class H felony for operating a weaponized drone.

Act 213 is effective on April 10, 2014.



2013 Wisconsin Act 214 - Changes to DNA at Arrest collection

Passed as Senate Bill 373, which was introduced as a bill regarding law enforcement training standards but was amended to make several changes to the DNA at arrest provisions originally placed in the2013 state budget.
 
Here are several of the key changes:
  • The crime lab must test the sample if, within a year, the court notifies DOJ that the person was: arrested under a warrant, that probable cause was found in a felony, the individual failed to appear at an initial appearance or a juvenile failed to appear at a delinquency proceeding.  If the court does not notify DOJ if one of those conditions is met within a year, the sample must be destroyed.
  • A new list of violent crimes which is more restrictive than the budget to which the collection statute applies.  
  • Changes the applicability of sample collection to crimes committed on and after April 1, 2015.



2013 Wisconsin Act 224 - Mandatory minimums for OWI 7th+

Passed as Assembly Bill 180, clarifies current statute to say that those convicted of Operating While Intoxicated 7th offense and above must be sentenced to a mandatory minimum term of initial confinement.

Act 224 applies to all offenses committed on or after April 10, 2014.



2013 Wisconsin Act 226 - Medical & Public Assistance fraud crimes

Passed as Senate Bill 245, creates new crimes and criminal penalties based on the value of the payment or benefit associated with Medical Assistance and Public Assistance fraud.

Act 226 applies to all crimes committed on or after April 10, 2014.



2013 Wisconsin Act 243 - Posting nude pictures on a website

Pa
ssed as Senate Bill 367, creates a new crime and Class A misdemeanor penalty for posting or publishing a private picture ("nude or partially nude") of someone in a public setting such as a website without that person's consent.
 
There are four exceptions: a parent or guardian posting a picture for non-commercial purposes, a law enforcement agent investigating a crime, a representation that is newsworthy or of public importance, an Internet provider.

Act 243 is effective on April 10, 2014.



2013 Wisconsin Act 254 - Eliminates family exemption for harboring a fugitive

Passed as Assembly Bill 274, removes the current statutory exemption for immediate family from being charged with aiding a felon.
 
Act 254 also re-creates the penalty structure for aiding a felon.  It will now be a Class G felony for aiding an individual who committed a Class A, B, C, D, or other life sentence felony and a Class I felony for providing aid to someone who has committed any other felony crime.

Act 254 is effective on April 10, 2014.



2013 Wisconsin Act 262 - Seizure of property in child enticement crime

Passed as Senate Bill 226, expands the ability for law enforcement to seize property that they have probable cause to believe was used in the commission of the crime of child enticement.

Act 262 applies to crimes committed on or after April 10, 2014.



2013 Wisconsin Act 267 - Decriminalizing cannabidiol
 
Passed as Assembly Bill 726, removes cannabidiol from the definition of a schedule I tetrahydrocannabinol.

Act 267 is effective on April 17, 2014.



2013 Wisconsin Act 283 - Expanded notification and registry requirements for sex offender registry

Passed as Assembly Bill 441, makes changes to the notification and registry requirements for certain sex offenders.
 
Act 283 expands who must be placed on the sex offender registry to include sex offenses which were dismissed as part of a plea negotiation if the court orders that the person register.
 
Act 283 requires the creation of a publicly accessible website with information on SOR registrants including aliases and all addresses at which they will or may be residing.  It also places requirements on law enforcement to notify other law enforcement agencies if the registrant moves their residence to another jurisdiction.

The provision of Act 283 related to law enforcement providing notice of a change in residence takes effect April 18, 2014.  The remainder of Act 283 will take effect on June 1, 2014.



2013 Wisconsin Act 293 - Local marijuana ordinances

Passed as Senate Bill 150, allows counties or municipalities to establish local ordinances prohibiting the possession of marijuana and allowing the county or municipality to prosecute a violation.  They may only do so if they have establish an ordinance and the district attorney has declined to prosecute a state charge.

Act 293 is effective on April 18, 2014.



2013 Wisconsin Act 307 - Eliminating voluntary intoxication defense

Passed as Assembly Bill 780, removes from statute the voluntary intoxication defense.

Act 307 is effective on April 18, 2014.



2013 Wisconsin Act 311 - Extended injunctions

Passed as Assembly Bill 707, allows a judge to extend and injunction for up to 10 years (5 years for a child abuse injunction) if, by a preponderance of the evidence, they believe there is a substantial risk that the person may commit against the victim first or second degree intentional homicide; first, second or third degree sexual assault; or first or second degree sexual assault of a child.

Act 311 applies to injunction issued on or after April 18, 2014.



2013 Wisconsin Act 315 - Reimbursement for local jail costs

Passed as Assembly Bill 33, expands the ability for a jailer or county to seek reimbursement for costs associated with confinement in a jail and medical expenses.

Act 315 is effective on April 18, 2014.



2013 Wisconsin Act 317 - Expanded strip search provisions

Passed as Assembly Bill 556, expands the ability of jailers to conduct strip searches of detained individuals.  In addition to current law (s. 968.255), persons arrested for any violation of state law or local ordinance and held for at least 12 hours may be visually strip searched prior to being moved into the general population of a jail.

Act 317 is effective on April 18, 2014.



2013 Wisconsin Act 321 - Firearm surrender after
injunction

Passed as Assembly Bill 464, creates a procedure for the subject of a domestic or child abuse injunction to be ordered to surrender any firearms.  The act essentially creates a stay of the injunction for 48 hours to allow the person to surrender their firearms to a sheriff prior to their being in violation of the order.

Act 321 applies to all petitions filed after November 1, 2014.



2013 Wisconsin Act 334 - Extended out-of-home placement

Passed as Senate Bill 451, is trailer legislation to the budget authorizing the extension of out-of-home placements for persons aged 18-21 who have an Individualized Education Program plan in place.

Act 334 is effective on August 1, 2014.



2013 Wisconsin Act 337 - Waiver of counsel in a TPR

Passed as Senate Bill 504, allows a judge to waive the right to counsel in a termination of parental rights proceeding for respondent's failure to appear as ordered without a clear and justifiable excuse.  Counsel is allowed to appear in a motion to vacate or reconsider default judgment when that judgment has been entered as a result of a waiver based on failure to appear.
 
Act 337 provides a minimum two day delay between default judgment and entering of a dispositional order.
 
Act 337 applies to a parent who misses a hearing as ordered after the effective date - Thursday, April 23, 2014.



2013 Wisconsin Act 338 - Victim viewing of PSI report

Passed as Assembly Bill 612, allows crime victims to view portions of a pre-sentence investigation report.  Specifically, the victim is allowed to see portions of the report related to the victim and any sentencing recommendation.  The victim is not allowed to keep a copy of the report and is required to keep the information confidential.

Act 338 is effective on April 23, 2014.



2013 Wisconsin Act 340 - Ch. 51 three party petition changes

Passed as Assembly Bill 488, allows a person seeking a s. 51.20 involuntary commitment to insist that corporation counsel file the petition with a court. If corporation counsel does not feel that probable cause exists to initiate the commitment, they are allowed to appear in a limited capacity before the court without affirming that probable cause exists.
 
Act 340 requires that the court review the petition withing 24 hours excluding Saturdays, Sundays, and legal holidays.



2013 Wisconsin Act 342 - SPD access to client/patient health records

Passed as Senate Bill 599, names an attorney provided by the State Public Defender as a "person authorized by the patient" to request medical records. This should allow SPD attorneys (staff and appointed) or their agents the ability to contact medical records companies directly and request records at the Medical Assistance reimbursement schedule listed in s. 146.83(3f).

Act 342 is effective on April 23, 2014.



2013 Wisconsin Act 343 - Sex offender registry from out-of-state

Passed as Senate Bill 668, requires people who become residents of Wisconsin, employed in Wisconsin, or students inWisconsin and who were convicted as a sex offender in another state to comply with sex offender registry and notification statutes in Wisconsin.

Act 343 is effective on April 23, 2014.



2013 Wisconsin Act 351 - Definition of synthetic cannabinoid

Passed as Senate Bill 325, provides more precise statutory definition of a synthetic cannabinoid, a schedule I controlled substance.

Act 351 is effective on April 23, 2014.



2013 Wisconsin Act 362 - Human trafficking crimes

Passed as Assembly Bill 620, makes various changes to human trafficking crimes.  Here is a general list of the most significant items:
  • Expands the definition of acts which constitute human trafficking
  • Increases the ability to keep victim information confidential
  • Limits the ability to charge crimes such as prostitution for victims
  • Expands the ability to expunge the record of someone convicted of a crime substantially related to human trafficking in which the person was a victim
Act 362 is effective on April 23, 2014.



2013 Wisconsin Act 375 - Warrant to track wireless of mobile device

Passed as Assembly Bill 536, requires law enforcement to obtain a warrant to track the location of a wireless or mobile device.
 
The warrant application must include information related to the device to be tracked and the probable cause to believe criminal activity has been, is, or will take place.  The initial warrant is valid for 60 days with an unlimited number of 60 day extensions at the discretion of the court.  Exceptions to the warrant requirement exist for emergencies and instances where the customer or subscriber consent to the action.

Act 375 is effective on April 23, 2014.



2013 Wisconsin Act 376 - Out-of-county housing of prisoners

Passed as Senate Bill 648, allows counties to enter into contracts with each other and outside of Wisconsin to imprison county and municipal prisoners in a bordering county.

Act 376 is effective on April 23, 2014.













2015 Laws of Wisconsin

Below is a list of new laws passed and enacted in the 2015-16 legislative session.  Please click on Act numbers for text of the new law.  For more information, please contact Legislative Liaison Adam Plotkin at This email address is being protected from spambots. You need JavaScript enabled to view it. or 608-264-8572.

2015 Wisconsin Act 4 - Long arm jurisdiction  


Passed as Assembly Bill 10, extends subject matter jurisdiction for petitioners from outside of Wisconsin for domestic violence related restraining orders and injunctions.

 
Act 4 is effective on April 10, 2015.



2015 Wisconsin Act 14 - Intimidation of a witness  


Passed as Assembly Bill 5, Act 4 revises the intimidation of a witness statute to reflect the Court of Appeals decision in State of Wisconsin V. Freer, 2010 WI App 9.   

Act 14 takes effect on April 9, 2015.





2015 Wisconsin Act 30 - Stolen Valor crime

Passed as Senate Bill 95, Act 30 creates a crime for making a false statement regarding military service or having received military honors.  It creates a Class A misdemeanor penalty for knowingly claiming military service to receive a tangible benefit. It creates a Class H felony penalty for claiming military service for the commission of any crime besides intending to receive a tangible benefit.

Act 30 takes effect on July 10, 2015.




2015 Wisconsin Act 45 - Unlawful use of GPS

Passed as Assembly Bill 19, Act 45 creates a Class A misdemeanor penalty for the unlawful use of a global positioning device. With certain exceptions, anyone who places a GPS on a vehicle owned or leased without consent or intentionally obtains information from a GPS device regarding a vehicle's movement without consent can be charged with the crime.

Act 45 takes effect on July 10, 2015.




2015 Wisconsin Act 64 - John Doe investigation changes


Passed as Senate Bill 43, makes changes to the time limits, secrecy orders and the scope of a s. 968.26 investigation also known as "John Doe".

 
Act 64 is effective on October 25, 2015.




2015 Wisconsin Act 78 - Special circumstances battery for judges, prosecutors & law enforcement

Passed as Senate Bill 117, Act 78 extends the Class H felony for special circumstances battery to include current and former judges, prosecutors, and law enforcement officials as well as their families.  The act or threat to act still must have been in response to an act in the official's capacity.
 
Act 78 takes effect on Friday, November 13, 2015.




2015 Wisconsin Act 80 - Upskirting

Passed as Assembly Bill 8, Act 80 creates a Class I felony penalty for taking pictures of a person's genitalia even if they are covered by undergarments.  The bill was colloquially known as the "upskirting" bill.  The bill adds the offense as being eligible for expunction.
 
Act 80 takes effect on Friday, November 13, 2015.




2015 Wisconsin Act 81 - Lesser included homicide crimes

Passed as Assembly Bill 7, Act 81 codified the decision in State v. Patterson,2010 WI 130 regarding the charging of lesser-included offenses for criminal homicide.
 
Act 81 takes effect on Friday, November 13, 2015.




2015 Wisconsin Act 101 - Placement of child

Passed as Assembly Bill 193, Act 101 adds "parent of a sibling of the child" to the list of possible placements if a child is removed from the custody of a parent.
 
Act 101 applies to temporary physical custody orders or child placements on or after Friday, November 13, 2015.




2015 Wisconsin Act 109 - Certain felon in possession mandatory minimums

Passed as Assembly Bill 220, Act 109 requires a 3 year mandatory minimum sentence for felon in possession of a firearm who is within 5 years of the end of the previous felony sentence and who is now convicted of an enumerated list of felonies or violent misdemeanors.
 
Act 109 takes effect on Friday, November 13, 2015.



2015 Wisconsin Act 121 - Certain felon in possession mandatory minimums

Passed as Senate Bill 170, Act 121 extends the statute of limitations to 10 years for second and third degree sexual assault.
 
Act 121 takes effect on Friday, December 18, 2015 and applies to any prosecution for which the current statute of limitations has not yet expired.


 

2013-14 Legislative Session

Please click on Bill and Act numbers for additional information on the legislation.  For more information, please contact Legislative Liaison Adam Plotkin at This email address is being protected from spambots. You need JavaScript enabled to view it. or 608-264-8572.

 

Senate Bill

Assembly Bill

Act

Description

Issue Area

Date Added

 

891

 

Applies the OWI penalty structure to possession of tetrahyrocannabinols.

penalty

3/27/14

 

860

 

Clarifies that an adult expectant mother who is the subject of an unborn CHIPS petition must be represented by counsel.

process

3/11/14

 

846

 

Criminalizes first offense OWI and provides funding.

crime/penalty

3/7/14

 

818

 

Expands access to expunction of certain crimes.

process

2/27/14

 

811

 

Creates a $500 surcharge for convictions related to: a sex crime against a child; prostitution; or sex trafficking.

penalty

2/24/14

 

810

 

De-criminalizes tetrahydrocannabinoids as a Schedule I narcotic and creates a regulated sales process.

crime/penalty

2/24/14

 

634

 

Extends the statute of limitations for arson from 6 to 10 years.

process

1/21/14

685

726

267

Removes cannabidiol from the definition of a Schedule I tetrahydrocannabinol.

crime

2/4/14

673

767

 

Creates a new crime for using a GPS device to track a person without their knowledge.

crime/penalty

2/14/14

668

764

343

Requires sexual offender registration for individuals who move to Wisconsin from another state.

miscellaneous

3/10/14

648

 

 376

Allows county or municipal prisoners to be imprisoned in a bordering county whether in or out of state.

miscellaneous

2/28/14

637

780

307

Eliminates voluntary intoxication as a defense.

process

2/18/14

620

 

 

Removes certain records from public access on the CCAP website.

miscellaneous

2/20/14

607

 

 

Creates a new crime and criminal penalty for intentionally misusing an orally ingested schedule II narcotic.

crime/penalty

2/17/14

606

 

 

Redefines "petechia" to specify that a hemorrhage or rupture must be caused by strangulation or suffocation.

miscellaneous

2/17/14

605

464

321

Creates a process for the surrender of firearms for a respondent who is the subject of an injunction.

process

2/7/14

599

759

 342

Adds an attorney appointed by the Public Defender as a "person authorized by the patient" to directly request client/patient health records at the Medical Assistance reduced rate.

process

2/13/14

585

612

 338

Allows a victim to view recommendations and portions of a pre-sentence investigation report.

process

2/10/14

567

707

311

Allows a court to extend the amount of time an injunction is in effect if preponderance of the evidence suggests a substantial risk exists that the respondent may commit homicide or sexual assault against the petitioner.

process

1/31/14

565

718

203

Transfers the administration of mental health detention in Milwaukee from the County Board to a state board.

miscellaneous

2/5/14

561

708

252

Allows access to juvenile court records for entities engaged in bona fide research, monitoring or evaluation of programs operated under a federal court improvement grant.

miscellaneous

2/5/14

549

702

196

Creates a system of short-term sanctions to serve as an alternative to revocation.

process

1/31/14

538

752

 

Requires a racial impact statement for legislation which creates a new crime or modifies the penalty for an existing crime. 

 miscellaneous

1/30/14 

526

685

 

Limits the availability of access to CCAP information when a criminal charge has been dismissed or the person is found not guilty.

process

1/30/14

507

668

197

Provides and additional $3 million for grants to counties through the treatment alternative and diversion grant program.

miscellaneous

1/22/14

504

664

337

 Allows a court to waive the right to counsel of a parent who misses a termination of parental rights hearing with a clear and justifiable excuse.

process 

 1/21/14

492

620

362

Adds or strengthens several crimes and penalties related to human trafficking. Increases the ability to seek expunction for a crime related to being a victim of human trafficking.

penalty/process

1/14/14

472

628

 

Creates a crime for the unauthorized possession by an imprisoned person of a correctional officer's personal identifying information.

crime/penalty

1/6/14

471

626

 

Creates a crime with misdemeanor and felony penalties for neglecting a child.

crime/penalty

1/6/14

431

 

 

Creates a Class I felony for purchasing or leasing a vehicle while operating privileges have been suspended or revoked.

crime/penalty

12/10/13

 

575

 

Legislative Council bill - Allows for greater access to treatment in place for people in a Ch. 55 protective placement.

process

12/18/13

451

570

334

Enabling legislation to allow for extended out-of-home care until the age of 21 when an individualized educational plan is in place.

miscellaneous

12/13/13

447

556

317

Expanded strip search provisions for persons detained for a criminal offense.

process

12/12/13

425

560

164

Law revision bill - Allows for a jury of fewer than 12 in any criminal case only upon stipulation by all parties.

process

12/11/13

57

67

16

1st consideration of constitutional amendment to elect Chief Justice.

process

10/22/13

294

 

 

Grants access to a presentence investigation report to an assistant attorney general.

process

9/10/13

432

536

 375

Process to apply for and requiring a warrant to track the location of a cellphone or other wireless device.

process

11/25/13

 

534

 

Increases the amounts awarded for wrongful imprisonment. Removes any amounts awarded when determining indigency under Ch. 977.

process

11/25/13

 

530

 

Several changes to the process of investigating deaths. Creates a Medicolegal Investigation Examining Board which includes a seat for SPD.

process

11/25/13

402

524

 

Allows for expunction of certain criminal records if the defendant was a victim of human trafficking.

process

11/22/13

 

519

 

Increases the amounts awarded for wrongful imprisonment. Authorizes SPD to provide representation before the Claims Board.

process

11/22/13

 477

500

235

Creates an emergency detention pilot program in Milwaukee County.

miscellaneous

11/11/13

382

495

 

Removes the consent requirement from the definition of human trafficking.

miscellaneous

11/6/13

 

488

340

Changes the three party involuntary commitment process to require corporation counsel to file the petition with the court but make a limited appearance.

process

11/4/13

399

486

 

Adds "great bodily harm" to the definition of felony animal cruelty and clarifies the definition of abandonment.

crime

11/1/13

363

480

 

Creates a medical use defense for certain marijuana charges.

process

11/1/13

373

482

214

Makes changes to the process for collecting, analyzing and destroying DNA samples taken at arrest.

process

10/29/13

 

467

 

Creates a new crime for operating a vehicle not equipped with an ignition interlock device while ordered by the court following conviction for certain OWI offenses.

crime/penalty

10/28/13

357

465

 

Creates a felony penalty for causing the death of a child under 12 months while co-sleeping.

crime/penalty

10/25/13

 

464

 

Creates a notification and surrender of firearms process for an individual who is the subject of an injunction.

process

10/25/13

367

462

 243

Creates a Class A misdemeanor for the distribution of a sexually explicit image without consent.

crime/penalty

10/22/13

 

460

 

Creates grants for the creation and training of mental health mobile crisis units.

miscellaneous

10/21/13

374

457

 

Expands treatment alternative and diversions programs to include mental health courts and provides $750,000 in grants.

miscellaneous

10/18/13

362

450

 

Creates grants for the creation and training of mental health crisis intervention teams.

miscellaneous

10/18/13

350

447

 194

Grants immunity from prosecution for possession of a controlled substance for summoning aid for another person suffering an overdose.  Creates a new crime for attempt to possess a controlled substance.

crime/penalty

10/18/13

352

446

200

Provides immunity from civil and criminal liability for administering an opioid antagonist to a person who appears to be suffering an overdose.

process

10/18/14

 633

441

283 

Requires sex offender registry to include any offenses dismissed as part of a plea agreement.

miscellaneous

10/17/13

184

434

 

Creates a Class B misdemeanor for sending an e-mail intended to frighten, intimidate, threaten, abuse or harass.

crime/penalty

10/17/13

 

423

 

Requires individuals convicted of certain OWI offenses to comply with an impoundment order.  Creates a misdemeanor penalty for failure to comply.

crime/penalty

10/17/13

325

406

 351

Clarifies and adds the chemical definition of several Ch. 961 controlled substances.

crime

10/4/13

309

390

 

Prohibits the questioning of a pupil regarding criminal activity without notification of the parents.

process

9/23/13

308

387

 

Raises the age of juvenile jurisdiction for non-violent, first time 17 year old offenders.

process

9/23/13

 

383

 

Judicial Council bill - Various changes to the criminal procedure code.

process

9/20/13

361 

 215

 

Grants immunity from prosecution for using of possessing alcohol for an individual who calls for aid for a person having an adverse reaction.

process 

9/13/13

 

357

 

Creates a penalty enhancer for the commission of certain crimes while armed and on the premises of a gas station.

penalty

9/13/13

 257

342 

 

Prohibits asking for conviction records on employment applications. 

miscellaneous 

8/27/13 

 

315

 

Requires the court to inform, and DOJ to automatically expunge, DNA records in a case where the individual is not adjudged guilty or delinquent.

process

8/23/13

 

314

 

Deletes the collection of DNA at arrest provisions from Act 20 (State Budget)

process

8/23/13

 

294 

 

Requires 12 person juries in felony cases.

 process

 8/20/13

257

 

 

Prohibits asking about an individuals conviction record on an employment application.

miscellaneous

8/16/13

245

 

226

Creates new crimes and penalties for fraud based on the value of the payment or benefit from Medical or Public Assistance. 

crime/penalty

8/7/13

 

273

 

Allows for the issuance of a search warrant in OWI 1st cases.

process

8/5/13

235

243

 

Increases the private bar reimbursement rate to $75 per hour.

miscellaneous

6/11/13

234

253

 

Limits public access to CCAP information (preserves level of access for court officials including defense counsel), changes when entries are made on the public system, allows for requesting removal of certain information.

process

7/31/13

232

274

 254

Eliminates the exception for harboring or aiding a felon by their immediate family.

crime

7/31/13

226

212

 262

Allows for the seizure of a vehicle or property related to the commission of a crime, in some cases after law enforcement has established probable cause.

miscellaneous

7/9/13

224

263

123 

Trailer bill to the 2013-15 compensation plan.  One provisions provides statutory just cause protection for SPD attorney. 

 miscellaneous

 7/9/13

222

256

 

Provides immunity from criminal prosecution for underage alcohol consumption, unless the attempt to provide aid is falsely made which can result in a Class H felony after two convictions in four years.

process

6/24/13

221

190

 

Imposes special conditions of bail when the charge is felony sexual assault of a child.

process

6/18/13

215

 

 

Provides immunity from criminal prosecution for providing aid to someone suffering from an overdose of alcohol or a controlled substance.

process

6/11/13

211

250 

 

Creates enhanced penalties for harassing or threatening certain public employees. 

penalty 

 6/5/13

 

222

 

Creates a felony penalty for the sale or possession of an assault weapon.

crime/penalty

5/29/13

 

221

 

Creates a Class H felony for possession of hollowpoint bullets. 

crime/penalty

5/29/13

196

203

 213

Creates a Class H felony penalty for the sale or possession of a weaponized drone; creates a Class A misdemeanor for using a drone to obtain video or audio recordings; requires law enforcement to obtain a search warrant prior to use of a surveillance drone.

crime/penalty

5/23/13

 

213

 

Creates a new crime and penalty for intimidating or threatening a legislator or their family.

crime/penalty

5/17/13

 

204

 

Allows victims of certain crimes the right to be accompanied by a victim advocate at court proceedings.

process

5/17/13

184

 

 

Creates a Class B misdemeanor penalty for transmitting a threatening electronic message.

crime/penalty

5/16/13

174

180

224

Creates mandatory minimum penalties for OWI 7th and above.

penalty

5/8/13

171

191

89 

Increases the penalty for theft of telecommunications services to a Class C misdemeanor.

penalty

5/8/13

 

187

 

Allows evidence of prior domestic abuse within the last 10 years to be used as evidence.

process

5/3/13

160

175

 

Requires law enforcement to include written justification in the report to the DA for why an arrest was not made in a suspected domestic abuse incident. 

process

4/25/13

154

161

 

Automatic stay of a court decision enjoining enforcement of a statute pending interlocutoy review and decision by an appellate court.

process

4/25/13

153

171

 

Clarifies when a court has jurisdiction for restraining orders or injunctions in domestic abuse, child abuse or harassment cases.

process

4/25/13

150

164

 293

 Allows for either civil or criminal prosecution of marijuana or synthetic cannabinoids.

process 

4/18/13

 

156

 

Creates a Class A misdemeanor penalty for posting a computer message that invites harassment.

crime/penalty

4/15/13

 

153

 

Provides an exception to the hearsay rule if a witness is unavailable because the witnesses statement is made against a party who caused the witness to be unavailable.

process

4/15/13

 

152

 

Leg Council draft - Various changes to standards in CHIPS and TPR cases.  Most have potential negative repercussions for SPD clients.

juvenile

4/15/13

 

151

 

Leg Council draft - allows SPD to provide representation for adults in CHIPS proceedings, allows judge to waive counsel for failure to appear, removes the right to a jury trial in CHIPS and TPR cases.

juvenile

4/15/13

 

150

 

Leg Council draft - Various changes to adoption and placement of a child.

juvenile

4/15/13

 

146

 

Allows the supreme court to review and affirm or reverse the decision of an individual justice not to recuse themselves.

process

4/15/13

 

145

 

Requires a judge to recuse themselves if in the prior four years they've received a contribution of more than $1000 from a party to the action.

process

4/15/13

 

143

 

Requires a judge or justice to provide a written justification on why they are not recusing themselves.

process

4/15/13

 

142

 

Creates a resonableness test for recusal of a judge or justice.

process

4/15/13

136

 223

 

Creates a felony penalty and prohibits the possession of vicious dogs by serious felony offenders. 

 crime/penalty

4/10/13

127

360 

 158

Leg Council draft - Various changes to the admission of persons under Chapter 51.

mental health

4/3/13

126

 435

 

Leg Council draft - Various changes regarding the admission of minors for treatment under Chapter 51.

mental health/juvenile

4/3/13

124

138

 

Creates a misdemeanor penalty and requires that the sale and transfer of firearms be conducted through a federally licensed firearms dealer.

crime/penalty

4/3/13

102

 

 

Creates a class A misdemeanor penalty for carrying a firearm in the State Capitol.

crime/penalty

3/22/13

100

74

 

Increases the crime victim and witness assistance surcharge to provide funding to Crime Prevention Funding Boards.

miscellaneous

3/22/13

78

82

42

Creates new offenses for the trafficking of Supplemental Nutrition Assistance Program (food stamps) benefits.

crime

3/13/13

69

 

 

Creates a felony penalty for providing false information on a form selling or transferring a firearm.

crime/penalty

3/7/13

61

72

 

Allows for seizure of a vehicle after 3rd offense OWI.

miscellaneous

3/4/13

60

71

 

Increases the penalty for OWI 3rd and 4th offense to a felony.

penalty

3/4/13

59

70

 

Creates a mandatory minimum sentence for homicide by intoxicated use of a vehicle.

penalty

3/4/13

58

68

 

Increases the penalty from civil to misdemeanor in a first offense OWI charge in which the BAC is 0.15 or above.

penalty

3/4/13

57

67

 

Requires court appearance for first offense OWI. (Note - would only impact SPD is OWI 1st changes to include a criminal penalty.)

process

3/4/13

56

69

 

Creates mandatory minimum sentences for causing great bodily harm while driving while intoxicated.

penalty

3/4/13

52

62

 83

Expands the definition of "intoxicant" to include a substance that is used contrary to its intended use.

crime

3/1/13

40

59

 79

Allows law enforcement to search the person and premises of an individual on probation, parole or extended supervision.

miscellaneous

2/28/13

37

 125

 

Creates an independent pardon council required to review and make recommendations on all applications.

miscellaneous 

 2/20/13

 

40

20

2013-15 Biennial Budget

miscellaneous

2/20/13

 

33

 315

Extends the time to seek reimbursement from individuals incarcerated in a county jail from 12 to 24 months.

miscellaneous

2/18/13

 

28

 84

Leg Council draft - Various changes to increase access to supervised release and make discharge more difficult to obtain from Ch. 980 commitments.

process

2/18/13

 

11

88 

Prohibits a registered sex offender from being on school premises without notification to school authorities.

miscellaneous

2/13/13

2

 

5

Act 5 changes the method and timing for the publication of new legislation.  All new acts will take effect two days after the bill is signed by the Governor.

miscellaneous

3/28/13

2015-16 Legislative Session

Please click on Bill and Act numbers for additional information on the legislation.  For more information, please contact Legislative Liaison Adam Plotkin at This email address is being protected from spambots. You need JavaScript enabled to view it. or 608-264-8572.

 

Senate Bill

Assembly Bill

Act

Description

Date Added

 SJR 2

AJR 1

 

 Election of Chief Justice (second consideration of constitutional amendment)

1/7/15 

 

AB 5 

14 

 Changes s. 940.44(2), intimidation of a witness, to conform with State of Wisconsin v. Freer, 2010 WI App 9

1/7/15 

 

AB 7 

 81

Changes s. 939.66(2), lesser included homicide crimes, to conform with State of Wisconsin v. Patterson, 2010 WI 130 

1/7/15 

SB 4 

AB 8

 80

"Upskirting" - Creates an additional element and Class I felony penalty for invading an individual's privacy by viewing under or through clothing 

1/7/15 

SB 9

 AB 10

4 

Personal jurisdiction for domestic and child abuse and harassment injunctions and restraining orders

1/23/15

 

AB 13

 

Process to allow the return of a seized firearm to its owner

1/28/15

 SB 22

AB 19

 45

Creates a new crime for using a GPS device to track a person without their knowledge

1/29/15

SB 21

AB 21

 

2015-2017 Biennial Budget

2/3/15

 

AB 29

 

Limits the authority of a law enforcement officer to arrest someone for sleeping or camping in a county park

2/10/15

SB 29

AB 43 

 

Obtaining a search warrant for certain civil violations (Post-McNeely blood draw)

2/11/15

SB 36

AB 34 

 

Allows DOC to approve international travel for a person on community supervision

2/13/15

 

AB 50

 

Allows court access to ignition interlock device reports and to waive the waiting period to obtain an occupational license for a person participating in a treatment court (Legislative Council bill)

2/17/15

 

AB 51

 

Creating a family treatment court and grant appropriation in DCF (Legislative Council bill)

2/17/15

 

AB 52

 

Codifying the state Criminal Justice Coordinating Council and various changes to the treatment alternatives and diversions grant funding program (Legislative Council bill)

2/17/15

SB 366 

AB 53

 

Expands current definition of "threatening to communicate derogatory information" to include the transmission of electronic media

2/17/15

SB 43

AB 68 

64 

Changes to John Doe proceedings

2/19/15

SB 82

AB 90

 

Criminal Procedure Code re-write (Judicial Council bill)

3/12/15

SB 46

AB 94

 

Creates crimes and felony penalties for intoxicated co-sleeping with an infant

3/12/15

SB 75

AB 127 

 

Prohibiting a felon from owning a vicious dog

3/13/15

SB 95

AB 114

 30

Creates a new crime and Class A misdemeanor penalty for falsely claiming military service or honors

3/26/15

 

AB 128

 

Reclassifies, repeals, or modifies obsolete misdemeanor crimes (Legislative Council bill)

3/27/15

SB 102

AB 142

 

Changes to the definition of assisted opening knife (switchblade)

3/27/15

SB 117

AB 147

 78

Creates a Class H felony penalty for intentionally causing or threatening bodily harm to a judge, a prosecutor, law enforcement or their families

4/1/15

SB 414 

AB 180

 

Allows post-traumatic stress disorder to be consider as a mitigating factor during the sentencing of a military veteran 

4/22/15

 

AB 201

 

Creates new statute to say that a prosecutor does not need to allege or prove that a motorist who fails to investigate a collision knew they collided with a person or vehicle

5/5/15

SB 133 

AB 202

 

Reclassifies the penalty for hiding or burying a corpse from a Class G to a Class F felony

5/5/15

SB 159

AB 247 

 

Creates a misdemeanor penalty for selling a firearm without using a federally licensed firearms dealer.  Contains some exceptions for personal transfer

5/14/15

 SB 199

AB 220

109 

Creates mandatory minimum penalties for being a felon in possession of a firearm or using a firearm while committing one of a newly defined list of "violent crimes"

5/18/15

 

AB 224

 

Legalizes marijuana possession and provides regulation for growing marijuana growing and sales

5/19/15

SB 167

AB 246

 

Legalizes possession and manufacture of up to 25 grams of marijuana

5/27/15

SB 170

AB 252

 121

Increases the statute of limitations for 2nd and 3rd degree sexual assault from 6 years to 10 years

6/4/15

SB 184

AB 258

 

Requires the removal of certain criminal record information to be removed from private internet sites without a fee

6/5/15

SB 181

AB 259

 

Extends the period of detention for competency determinations to the minimum term of incarceration for serious felony and sexual assault offenses

6/5/15

SB 172

AB 260

 

Requires racial impact statements for bills that create new crimes or criminal penalties

6/5/15

 SB 222

AB 266

 

Creates an Ignition Interlock Restricted License and makes changes to driving restrictions with an ignition interlock device

6/18/15

SB 200

 AB 267

 

Prohibits the prosecution of someone under 18 for prostitution

6/18/15

SB 197

AB 273

 

Creates a crime and Class I felony penalty for making a false threat to injure or kill another person in a school zone

6/24/15

SB 199

AB 274

 

Limits possession of a firearm for 10 years if either the person has been convicted of 3 or more misdemeanors within 5 years or the person was convicted of a violent misdemeanor

6/29/15

 

AB 275

 

Increases the rate of compensation for private bar appointments from the SPD to $85 per hour

6/29/15

SB 204

 

 

Extends the definition of "special circumstances battery" to include a court employee, county health or social services worker, a tribal child welfare agent, a Dept. of Children & Families employee, or someone providing child welfare or juvenile justice worker

6/26/15

SB 202

AB 282

 

Allows direct appeal to DCF of a denial of kinship care based on arrest or conviction record 

6/26/15

SB 204

AB 284

 

Adds child welfare workers and juvenile justice workers to the definition of special circumstances battery

7/8/15

 

AB 290

 

Sets statewide residency requirements for certain classes of sex offenders and preempts municipal restrictions

7/29/15

SB 221

AB 228

 

Clarifies the definition of tetrahydrocannabinols as relates to cannabidiol

7/31/15

 

AB 302

 

Penalty enhancer for committing certain crimes at a gas station while armed

8/6/15

 

AB 309

 

Limits the total number of annual non-criminal revocations of extended supervisions and parole to 3000 per year

8/12/15

SB 248

AB 340

 

Removes the 12 hour waiting period before a strip search can be conducted (see 2013 Wisconsin Act 317)

9/14/15

SB 256

AB 341

 

Creates a felony penalty for making a terrorist threat

9/14/15

 

AB 347

 

Creates a special circumstances battery category for current and former judges, prosecutors, and law enforcement officers as well as current public defenders (including private bar appointments)

9/24/15

 

AB 353

 

Mandatory minimum penalties for various OWI offenses involving causing bodily harm

9/25/15

SB 544 

AB 357

 

Expands existing felony crime of expelling a bodily substance so that it would apply to a prosecutor

9/25/15

 

AB 363

 

Creates a Class C misdemeanor penalty for first offense OWI and removes the 10 year look back for second offense OWI

9/25/15

 

AB 375

 

Guarantees the right to a trial by jury for a juvenile recommended for placement in the Serious Juvenile Offender Program

10/8/15

SB 280

AB 378

 

Raises the age of juvenile jurisdiction to 18 for first-time, nonviolent offenders

10/8/15

SB 296

AB 381

 

Requires written policies and reporting on law enforcement's use of no-knock search warrants

10/8/15

SB 299

AB 395

 

Allows for a lethal violence temporary restraining order to remove the firearms from a person found substantially likely to injure themselves.  Creates a felony penalty for not surrendering the firearm

10/13/15

SB 303

AB 403

 

Creates a penalty enhancer for crimes related to gang activity

10/13/15

SB 325

AB 428

 

Part of the "Justice for Children" package - Allows charging of a felony penalty for at least three violations of physical abuse of a child

 10/21/15

SB 326

AB 429

 

Part of the "Justice for Children" package - Requires referral of cases of suspected child abuse to law enforcement agencies

10/21/15

SB 323

AB 430

 

Part of the "Justice for Children" package - Expands the location/events at which a victim may be accompanied by an advocate

10/21/15

SB 324

AB 431

 

Part of the "Justice for Children" package - Expands the definition and penalty structure for the crime of child neglect

10/21/15

SB 335

AB 432

 

Requires DOT to permanently revoke for at least 10 years the operating privileges of someone with 5 or more OWI convictions

10/21/15

SB 317

AB 440

 

Regarding child support withholding orders but includes a provisions allowing the domestic violence and GPS surcharge to be added to a deferred prosecution agreement in domestic violence cases

10/22/15

 

AB 444

 

Eliminates the look back on OWI 2nd & 4th

10/22/15

 

AB 445

 

Mandatory minimum period of 18 months incarceration for OWI 5th & 6th

10/22/15

 

AB 446

 

Mandatory minimum period of 7 years incarceration for homicide by intoxicated use of a vehicle

10/22/15

 

AB 447

 

Increases the penalties for OWI 3rd-9th and removes the look back on OWI 4th

10/22/15

SB 322

AB 460

 

Increases the benefits available for a wrongful conviction.  Authorizes SPD to provide representation before the Claims Board

10/29/15

SB 365

 AB 485

 

Creates a Class I felony penalty for carrying a dangerous weapon at a college or university

10/29/15

 SB 473

AB 496

 

Creates a Class B misdemeanor for electronic bullying

11/10/15

SB 409 

AB 497

 

Restricts placement of Ch. 980 supervised release individuals to not within 1500 feet of certain locations

11/10/15

SB 377

   

Provides victim of a crime notification when an offender's extended supervision or parole is revoked

11/12/15

SB 380

AB 503

 

Adds circuit court branches in Calumet, Wood, Marathon, Dunn, Polk, Jackson, and Vilas counties

11/13/15

 SB 410

AB 521

 

Expands the definition and application of felony penalties for recording nude and partially nude people

11/13/15

SB 389

AB 522

 

Imposes additional $3 per month supervision fee

11/13/15

 

AB 528

 

Creates a voluntary TPR by affidavit process

11/18/15

 SB 401

AB 533

 

Increases the penalties based on value of unemployment benefits obtained fraudulently

11/18/15

SB 455

AB 536

 

Removes the look back on OWI 4th and increases the penalties for OWI 5th and above

11/24/15

SB 521

AB 537

 

Changes civil asset forfeiture so that property can only be seized upon conviction

11/24/15

SB 457

AB 547

 

Creates a felony penalty for damaging property owned by an energy provider with intent to disrupt service

11/24/15

 

AB 557

 

Adds a heroin metabolite to the definition of a restricted controlled substance

12/1/15

SB 428

 

 

Creates a Class I felony penalty for carrying a weapon on a bus

12/3/15

SB 452

AB 566

 

Expands the definition of the locker room nude images crime to create felony penalties when the victim is under 18

12/4/15

 

AB 585

 

Creates objective standards for the disqualification of a judge or justice

12/10/15

 

AB 586

 

Allows for the disqualification of a judge or justice

12/10/15

 SB 462

AB 604

 

Reduces the amount of time a license can be suspended for failure to pay from two years to one

12/22/15

SB 482

AB 614

 

Creates a process to apply for a certificate lifting some collateral consequences of conviction

12/23/15

SB 398

AB 621

 

Requires the automatic expungement of DNA if a person is not adjudicated guilty

12/29/15

SB 484

 

 

Requires installation of an ignition interlock device upon conviction for any drunken driving offense

12/29/15

 

AB 630

 

Narrows the parental exception for capturing and distributing a representation of a nude child

1/5/16

 

AB 657

 

Provides an additional $2 million in Treatment Alternatives and Diversions funding

1/7/16

SB 499

AB 658

 

Creates a misdemeanor penalty for using, possessing, manufacturing, or distributing a drug masking agent

1/7/16

SB 546

AB 666

 

Creates a new surcharge and grants administrative subpoena power to DOJ to investigate internet crimes against children

1/11/16

SB 497

AB 671

 

Creates a penalty enhancer for use of a drone to commit a crime

1/11/16

SB 618

AB 737

 

Expands the definition of the crime of human trafficking and adds child sex trafficking to the definition of abuse for CHIPS

1/15/16

SB 639

 

 

Creates a legislative committee with oversight of law enforcement and subpoena powers

1/22/16

 

AB 789

 

Creates continuing legal education requirements for attorneys dealing with elder law-related issues

1/22/16

 

AB 801

 

Restricts ability to substitute a judge in a criminal matter by requiring a reason for the requested substitution

1/25/16

Legislation

This section of the website tracks pending and passed legislation from the Wisconsin State Legislature relevant to the Wisconsin State Public Defender's Office (SPD).  If you have any questions on these items, please contact the SPD Legislative Liaison.

Click here for all proposed legislation from the 2017-18 Legislative Session

Click here for all enacted legislation from the 2017-18 Legislative Session


Click here for all proposed legislation from the 2015-16 Legislative Session

Click here for all enacted legislation from the 2015-16 Legislative Session


Click here for all proposed legislation from the 2013-14 Legislative Session

Click here for all enacted legislation from the 2013-14 Legislative Session


For further information, please contact: 

Adam_Plotkin.bmp - 1.26 MBAdam Plotkin
Legislative Liaison
608-264-8572
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