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WI SB95

WI SB95
Restitution orders following a conviction for human trafficking and restoration of the right to vote to a person barred from voting as a result of a felony conviction. (FE)


summary

Introduced
03/07/2025
In Committee
06/05/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

Under current law, when a defendant is sentenced or placed on probation for a crime, the court must order the defendant to pay restitution to the victim of the crime to pay for costs incurred by the victim or the victim[s estate as a result of the crime. The court may require that restitution be paid immediately, within a specified time, or in specified installments. The court may not set the time limit to be later than the end of the defendant[s term of probation, parole, or extended supervision. When the defendant has completed the term, any outstanding restitution is enforceable in the same manner as a judgment in a civil action. The victim may use civil court actions to collect the restitution, including seeking a wage garnishment or an execution against the defendant[s property (a court order to the sheriff to seize property, sell it, and use the money toward the outstanding restitution). Under this bill, if the defendant is sentenced or placed on probation for human trafficking, the court must require restitution be paid immediately and, if LRB-2109/1 CMH:emw 2025 - 2026 Legislature SENATE BILL 95 the defendant fails to pay immediately, the court must issue an execution against the defendant[s property. Under current law, a person convicted of treason, felony, or bribery may not vote unless the person[s right to vote is restored through a pardon or through completion of the term of imprisonment, including parole or extended supervision, or probation for the crime that led to the disqualification. Under the bill, in addition to completing his or her term of imprisonment or probation for the crime, a person must have paid all fines, costs, fees, surcharges, and restitution, and have completed any court-ordered community service, imposed in connection with the crime. For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

AI Summary

This bill modifies two key areas of Wisconsin law related to human trafficking and voting rights for individuals with felony convictions. First, it changes the requirements for restoring voting rights by mandating that individuals not only complete their imprisonment or probation, but also pay all associated fines, costs, fees, surcharges, and restitution, and complete any court-ordered community service before regaining their right to vote. Second, the bill specifically addresses restitution for human trafficking offenses (under sections 940.302(2) and 948.051), requiring that restitution be paid immediately, and if the defendant fails to do so, the court must issue an execution against the defendant's property—essentially a court order to seize and sell property to satisfy the restitution debt. This means that for human trafficking crimes, there is no flexibility in payment timing, unlike other criminal offenses where restitution can be paid in installments or over a specified period. The bill aims to ensure more immediate financial accountability for human trafficking offenders and stricter conditions for voting rights restoration.

Committee Categories

Justice

Sponsors (11)

Last Action

Available for scheduling (on 06/05/2025)

bill text


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