AB 440

courts and procedure

Domestic relations

Under current law, a court order for child or family support or maintenance

generally sets forth a dollar amount that the payer is obligated to pay. However,

under current law, the parties may stipulate that a child or family support or

maintenance obligation may be calculated as a percentage of the payer's income.

Under the bill, regardless of whether the parties have stipulated that the child

or family support or maintenance obligation may be calculated as a percentage of the

payer's income, an order that assigns the payer's income, including certain benefits

he or she receives, to satisfy the support obligation must set forth a dollar amount

that is assigned.

Other courts and procedure

Current law allows a district attorney to enter into a deferred prosecution

agreement with a defendant who is charged, or who may be charged, with certain

crimes related to domestic abuse or to child sexual abuse against a child who is

related to or who lived with the person, or over whom the person had guardianship,

custody, power, or authority. Generally, in a deferred prosecution agreement, the

district attorney agrees to dismiss a charge or not file a charge if the defendant

complies with specified conditions, such as paying restitution to the victim or

completing counseling or treatment.

Current law allows a deferred prosecution agreement to include, as a condition

of the agreement, that the person pay a domestic abuse surcharge and, under certain

circumstances, a global positioning surcharge, if he or she faces charges of child

sexual abuse and he or she is either a close relative of the alleged victim or is a

guardian or legal custodian of the alleged victim.

Under this bill, a deferred prosecution agreement may include, as a condition

of the agreement, that the person pay the domestic abuse surcharge and, if

applicable, a global positioning surcharge, if he or she is an adult who faces charges

of any of the crimes related to domestic abuse against an adult that may be subject

to a deferred prosecution agreement.

health and human services

Children

Under current law, if, after distributing money to counties for children and

family services, there is an amount allocated for that purpose that is left over and

that is in excess of the amount received by the federal government for foster care and

transitional independent living programs and adoption assistance for children with

special needs, the Department of Children and Families (DCF) must carry forward

and distribute not less than 50 percent of that excess amount. DCF must distribute

this excess amount to counties other than Milwaukee County that are making good

faith efforts to implement the statewide automated child welfare information system