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Bills from the 2017–18 session

Assembly Bill 122

Forfeiture of property seized in relation to a crime. (FE)

Stopped in committee

It had a but no committee vote, so it never came up for a vote. To try again, a lawmaker would have to start a new bill.

  1. Introduced, passed

    Mar 2, 2017

  2. Committee, stopped here

    Stopped here. It had a hearing but no committee vote.

  3. Assembly vote, not reached

  4. Senate vote, not reached

  5. Governor, not reached

  6. Law, not reached

Latest entry in the official record, Mar 28, 2018: “Failed to pass pursuant to ⁠”

It sat with the Assembly Committee on State Affairs.

Read the bill

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What it would have done

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

This bill changes the procedure for forfeiture of property after it has been seized in relation to a crime. Under current law, the state or a local law enforcement agency may acquire certain property involved in the commission of a crime or seized in relation to a criminal investigation through a forfeiture proceeding. The forfeiture law applies to all property directly or indirectly derived from or used for the commission of a crime. This bill allows property to be subject to forfeiture only after a person has been convicted of the crime related to the forfeiture action and only if a court finds that the property seized is proportional to the crime committed. If the person is acquitted or the charges against the person are dropped, the court must order that his or her property be returned within 30 days. The bill requires seized property to be returned to innocent owners of the property unless the owners were involved with or knowledgeable about the crime related to his or her property.

Further, the bill allows the court, upon petition by a person whose property was seized but not yet forfeited, to return the property to the person under certain circumstances. Under the bill, the person may not sell, give away, or burden the property and, if the person is found to have committed the crime related to the property, must surrender the property for forfeiture after conviction. This bill also allows a person who prevails in a forfeiture action to recover reasonable attorney fees from the state.

Read the full summary

This bill requires that all proceeds from the sale of all forfeited property be turned in to the state school fund. It also prohibits local law enforcement agencies from transferring property to federal agencies for forfeiture under federal law unless the value of the property exceeds $50,000 or the property can be forfeited only under federal law.

Under current law, forfeiture proceedings may proceed prior to an actual conviction in a criminal case, and any seized property will be held by the law enforcement agency until the case is finished.

Under current law, after a court orders that property be forfeited, an agency may keep certain property for its own use, transfer the property to another agency, or sell the property. The agency that seized the property may retain a set percentage of the proceeds of selling the property to cover administrative and other costs and the remainder goes into the state school fund. In addition, current law allows local law enforcement agencies to enter into agreements with federal authorities wherein property that is seized in relation to a federal crime is turned over to the federal authorities for forfeiture under federal law. Proceeds from selling the property are then shared between the federal authorities and local law enforcement agencies.

Who's behind it

20 lawmakers are its ⁠. 13 are Republicans and 7 are Democrats.

7 more lawmakers ⁠.

See all 27 names

Authors (20)

Signed on in support (7)

What it would cost

State agencies filed a . Each opens as a PDF from the Legislature.

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

What happened

  1. Mar 28, 2018

    The session ended, and the bill died with it.

  2. Feb 20, 2018

    The committee held a public hearing.

  3. Jul 10, 2017

    A state agency sent in its estimate of the cost.

  4. May 2, 2017

    A state agency sent in its estimate of the cost.

  5. Mar 10, 2017

    A state agency sent in its estimate of the cost.

  6. Mar 6, 2017

    A state agency sent in its estimate of the cost.

  7. Mar 2, 2017

    Sent to the Assembly Committee on State Affairs.

  8. Mar 2, 2017

    Introduced in the Assembly.

See the official record, word for word
  1. Mar 2, 2017 · Assembly

    Introduced by Representatives Tauchen, Jarchow, Kessler, Kooyenga, Sanfelippo, Sargent, Riemer, Brostoff, Kuglitsch, Quinn, Knodl, Bowen, Kremer, Schraa, Sinicki, Wichgers, Mason, Gannon, Skowronski and Ripp; cosponsored by Senators Craig, Nass, Wirch, Tiffany, Kapenga, Stroebel and Lasee

  2. Mar 2, 2017 · Assembly

    Read first time and referred to Committee on State Affairs

  3. Mar 6, 2017 · Assembly

    Fiscal estimate received

  4. Mar 10, 2017 · Assembly

    Fiscal estimate received

  5. May 2, 2017 · Assembly

    Fiscal estimate received

  6. May 25, 2017 · Assembly

    Assembly Substitute Amendment 1 offered by Representative Tauchen

  7. Jul 10, 2017 · Assembly

    Fiscal estimate received

  8. Oct 12, 2017 · Assembly

    Assembly Substitute Amendment 2 offered by Representative Tauchen

  9. Nov 3, 2017 · Assembly

    Assembly Amendment 1 to Assembly Substitute Amendment 2 offered by Representative Vorpagel

  10. Jan 18, 2018 · Assembly

    LRB correction (Assembly Substitute Amendment 2)

  11. Feb 7, 2018 · Assembly

    Assembly Amendment 2 to Assembly Substitute Amendment 2 offered by Representative Tauchen

  12. Feb 20, 2018 · Assembly

    Public hearing held

  13. Mar 28, 2018 · Assembly

    Failed to pass pursuant to Senate Joint Resolution 1

Terms on this page

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

More in the glossary

Public hearing

A meeting where anyone can speak to a committee about a bill, or send written comments.

More in the glossary

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

Public hearing

A meeting where anyone can speak to a committee about a bill, or send written comments.

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate