LRB-3322/1
PJK:bjk:nwn
2007 - 2008 LEGISLATURE
January 11, 2008 - Introduced by Representatives Wieckert, Stone, Mursau,
Kleefisch, A. Ott, Vos, Albers, Turner, Bies, A. Williams, Staskunas and
Nass, cosponsored by Senators Lassa, A. Lasee, Schultz, Roessler and Olsen.
Referred to Committee on Criminal Justice.
AB692,1,3
1An Act to amend 704.17 (title); and
to create 704.17 (1) (d), 704.17 (2) (d) and
2704.17 (3) (c) of the statutes;
relating to: termination of a tenancy for a drug
3manufacture or distribution conviction.
Analysis by the Legislative Reference Bureau
Under current law, if a landlord receives written notice from a law enforcement
agency or from the district attorney's office that a nuisance exists on the landlord's
property because the property is being used for the delivery, distribution, or
manufacture of a controlled substance or as a meeting place of a criminal gang or to
facilitate the activities of a criminal gang, the landlord may terminate the tenancy
of the tenant causing the nuisance by providing written notice requiring the tenant
to vacate the premises on or before a date that is at least five days after the giving
of the notice. This bill provides that, if a tenant is convicted of a drug offense, the
landlord may terminate the tenant's tenancy by providing written notice to the
tenant requiring the tenant to vacate the premises on or before a date that is not less
than two days after the giving of the notice. If the tenant contests the termination
of tenancy in an eviction action, the landlord must prove by the greater
preponderance of the credible evidence that the tenant was convicted of a drug
offense. The bill defines "drug offense" as a felony that has as an element
manufacture or distribution of a controlled substance.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB692, s. 1
1Section
1. 704.17 (title) of the statutes is amended to read:
AB692,2,3
2704.17 (title)
Notice terminating tenancies for failure to pay rent or,
3other breach by tenant, or drug conviction
.
AB692, s. 2
4Section
2. 704.17 (1) (d) of the statutes is created to read:
AB692,2,75
704.17
(1) (d) 1. In this paragraph, "drug offense" means a felony that has as
6an element manufacture or distribution of a controlled substance, as defined in s.
7961.01 (4).
AB692,2,168
2. A property owner may terminate the tenancy of a week-to-week or
9month-to-month tenant if the tenant is convicted of a drug offense and if the
10property owner gives the tenant written notice requiring the tenant to vacate on or
11before a date not less than 2 days after the giving of the notice. The notice shall state
12the basis for its issuance and the right of the tenant to contest the termination of
13tenancy in an eviction action under ch. 799. If the tenant contests the termination
14of tenancy, the tenancy may not be terminated without proof by the property owner
15by the greater preponderance of the credible evidence of the allegation that the
16tenant was convicted of a drug offense.
AB692, s. 3
17Section
3. 704.17 (2) (d) of the statutes is created to read:
AB692,2,2018
704.17
(2) (d) 1. In this paragraph, "drug offense" means a felony that has as
19an element manufacture or distribution of a controlled substance, as defined in s.
20961.01 (4).
AB692,3,421
2. A property owner may terminate the tenancy of a tenant who is under a lease
22for a term of one year or less or who is a year-to-year tenant if the tenant is convicted
23of a drug offense and if the property owner gives the tenant written notice requiring
24the tenant to vacate on or before a date not less than 2 days after the giving of the
25notice. The notice shall state the basis for its issuance and the right of the tenant
1to contest the termination of tenancy in an eviction action under ch. 799. If the
2tenant contests the termination of tenancy, the tenancy may not be terminated
3without proof by the property owner by the greater preponderance of the credible
4evidence of the allegation that the tenant was convicted of a drug offense.
AB692, s. 4
5Section
4. 704.17 (3) (c) of the statutes is created to read:
AB692,3,86
704.17
(3) (c) 1. In this paragraph, "drug offense" means a felony that has as
7an element manufacture or distribution of a controlled substance, as defined in s.
8961.01 (4).
AB692,3,179
2. A property owner may terminate the tenancy of a tenant who is under a lease
10for a term of more than one year if the tenant is convicted of a drug offense and if the
11property owner gives the tenant written notice to vacate on or before a date at least
122 days after the giving of the notice. The notice shall state the basis for its issuance
13and the right of the tenant to contest the termination of tenancy in an eviction action
14under ch. 799. If the tenant contests the termination of tenancy, the tenancy may
15not be terminated without proof by the property owner by the greater preponderance
16of the credible evidence of the allegation that the tenant was convicted of a drug
17offense.
AB692,3,2019
(1) This act first applies to drug offenses committed on the effective date of this
20subsection.
