LRB-4702/1
JEO&JTK:jlg:lp
1997 - 1998 LEGISLATURE
January 15, 1998 - Introduced by
Law Revision Committee. Referred to
Committee on Judiciary, Campaign Finance Reform and Consumer Affairs.
SB399,1,8
1An Act to repeal 15.04 (1) (h); and
to amend 16.045 (5), 972.14 (2), 972.15 (2s)
2and 978.05 (8) (b) of the statutes;
relating to: disclosure of juvenile
3adjudications in criminal sentencing proceedings; requests by a district
4attorney for assistance in carrying out his or her duties; annual reports by state
5agencies concerning records and forms management; and reports by the
6department of administration concerning distribution and usage of gasohol and
7alternative fuels in this state (suggested as remedial legislation by the
8department of administration.)
Analysis by the Legislative Reference Bureau
This bill makes the following changes in current law:
1. Under current law, if a person under the age of 21 is convicted of a crime, the
sentencing judge or, if applicable, the person preparing any presentence
investigation report ordered by the judge must ask the person whether he or she was
adjudicated delinquent in the 3-year period preceding the date on which the
criminal complaint was issued against the person. This bill changes the 3-year
period to a 4-year period to reflect the enactment of
1995 Wisconsin Act 27, which
lowered from 18 to 17 the age at which an adult criminal court has jurisdiction over
a person who violates the criminal law. Also, current law refers only to delinquency
adjudications under the law that was in effect before the enactment of
1995
Wisconsin Act 77, which created a new juvenile justice code. This bill adds a
reference to delinquency adjudications under the new juvenile justice code created
by
1995 Wisconsin Act 77.
2. Under current law, a district attorney is responsible not only for prosecuting
criminal actions but also for prosecuting certain forfeiture (civil monetary penalty)
cases, certain criminal appeals and certain civil actions and special proceedings.
Current law also specifies that a district attorney may request an assistant attorney
general or a district attorney (or assistant and deputy district attorney) from another
office to assist in investigating and prosecuting a criminal matter. This bill provides
that a district attorney may request other district attorneys or assistant attorneys
general to assist in the investigation and prosecution of any matter for which the
district attorney is responsible.
3. Currently, the head of each state agency is required to file an annual report
with the public records board containing such information concerning records and
forms management as may be required by the board. This bill deletes this
requirement.
4. Currently, the department of administration is required to report to the
appropriate legislative standing committees concerning distribution and usage of
gasohol and alternative fuels in this state no later than January 1 and July 1 of each
year. This bill requires this report to be filed no later than April 30 of each year.
For further information, see the Notes provided by the law revision committee
of the joint legislative council.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Law revision committee prefatory note: This bill is a remedial legislation
proposal, requested by the department of administration and introduced by the law
revision committee under s. 13.83 (1) (c) 4., stats. After careful consideration of the
various provisions of the bill, the law revision committee has determined that this bill
makes minor substantive changes in the statutes, and that these changes are desirable
as a matter of public policy.
SB399, s. 1
1Section
1. 15.04 (1) (h) of the statutes is repealed.
Note: This statute requires agencies to file an annual report with the public
records board, relative to records and forms management. Because the public records
board no longer requires this report, this statute is obsolete.
SB399, s. 2
2Section
2. 16.045 (5) of the statutes is amended to read:
SB399,3,43
16.045
(5) The department shall encourage distribution of gasohol and
4alternative fuels and usage of gasohol and alternative fuels by officers and employes
1who use personal motor vehicles on state business and by residents of this state
2generally. The department shall report to the appropriate standing committees
3under s. 13.172 (3) concerning distribution and usage of gasohol and alternative fuels
4in this state, no later than
January 1 and July 1
April 30 of each year.
Note: This Section changes filing date deadline in current law for the department
of administration's report to the legislature concerning distribution and usage of gasohol
and alternative fuels from January 1 and July 1 of each year to April 30 of each year.
According to the department of administration, it will be more time-effective and
cost-effective to provide these reports on an annual basis, and will allow the report to be
based on a full calendar year of information.
SB399, s. 3
5Section
3. 972.14 (2) of the statutes is amended to read:
SB399,3,146
972.14
(2) Before pronouncing sentence, the court shall ask the defendant why
7sentence should not be pronounced upon him or her and allow the district attorney,
8defense counsel and defendant an opportunity to make a statement with respect to
9any matter relevant to the sentence. In addition, if the defendant is under 21 years
10of age and if the court has not ordered a presentence investigation under s. 972.15,
11the court shall ask the defendant if he or she has been adjudged delinquent under
12ch. 48
or 938 or has had a similar adjudication in any other state in the
3 4 years
13immediately preceding the date the criminal complaint relating to the present
14offense was issued.
SB399, s. 4
15Section
4. 972.15 (2s) of the statutes is amended to read:
SB399,3,2116
972.15
(2s) If the defendant is under 21 years of age, the person preparing the
17presentence investigation report shall attempt to determine whether the defendant
18has been adjudged delinquent under ch. 48
or 938 or has had a similar adjudication
19in any other state in the
3 4 years immediately preceding the date the criminal
20complaint relating to the present offense was issued and, if so, shall include that
21information in the report.
Note: In
1995 Wisconsin Act 27, the age at which an adult criminal court has
jurisdiction over a person who violates the criminal law was lowered from age 18 to age
17. Also, in
1995 Wisconsin Act 77, many cross-references in other chapters of the
statutes which had been to ch. 48, were changed to add an additional cross-reference to
ch. 938, the new juvenile code.
The 2 preceding Sections make cross-reference changes to ch. 938 which were
omitted from 2 sections of ch. 972 regarding inquiries of past delinquency adjudications
in presentencing proceedings. In addition, these Sections require the sentencing judge
or person preparing the presentence report to ask a person if he or she was adjudged
delinquent in the last 4 years. According to the department of administration, these
changes are necessary because currently, during the sentencing of a person who is under
21 years of age and when no presentencing investigation is undertaken, the court is only
required to ask the defendant if he or she had been adjudged delinquent under ch. 48
within the last 3 years. Similarly, when a presentence investigation is being completed
on a person under 21 years of age, the investigator is only required by the court to ask
the defendant if he or she had been adjudged delinquent under ch. 48 within the last 3
years.
According to the department of administration, the intent of new ch. 938 is to have
the judge consider adjudications of delinquency under ch. 938. After July 1, 1999, 3 years
after the effective date of ch. 938, ch. 48 juvenile delinquency adjudications within the
last 3 years would become an impossibility, thus requiring the addition of a reference to
ch. 938 adjudications.
SB399, s. 5
1Section
5. 978.05 (8) (b) of the statutes is amended to read:
SB399,4,112
978.05
(8) (b) Hire, employ and supervise his or her staff and make appropriate
3assignments of the staff throughout the prosecutorial unit. The district attorney
4may request the assistance of district attorneys, deputy district attorneys or
5assistant district attorneys from other prosecutorial units or assistant attorneys
6general who then may appear and assist in the investigation and prosecution of
7criminal matters any matter for which a district attorney is responsible under this
8chapter in like manner as assistants in the prosecutorial unit and with the same
9authority as the district attorney in the unit in which the action is brought. Nothing
10in this paragraph limits the authority of counties to regulate the hiring, employment
11and supervision of county employes.
Note: District attorneys perform many functions in addition to prosecuting crimes;
they also perform such functions as the prosecutions of traffic and nontraffic forfeitures,
seek the involuntary terminations of parental rights, seek protection and services for
children, and perform a variety of civil procedures. According to the department of
administration, the legislative intent of s. 978.05 (8) (b) was to allow an efficient way for
a district attorney to obtain assistance from current state employe attorneys in
performing his or her duties. Because the current statute allows this assistance to be
provided only in the investigation and prosecution of criminal matters, it is too narrow.
This Section permits this assistance to be provided for a broader range of activities.
