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Bills from the 2017–18 session

Senate Bill 61

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

Became law

The governor signed it on Apr 3, 2018. It's ⁠.

  1. Introduced, passed

    Feb 21, 2017

  2. Committee, passed

    Approved

  3. Senate vote, passed

    Passed Feb 20, 2018

  4. Assembly vote, passed

    Passed Feb 22, 2018

  5. Governor, passed

    Signed

  6. Law, here now

    2017 Wisconsin Act 211

Latest entry in the official record, Apr 3, 2018: “Published 4-4-2018”

Read the bill

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What it does

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

7 senators are its ⁠. 6 are Republicans and 1 is a Democrat.

20 more lawmakers ⁠.

See all 27 names

Authors (7)

Signed on in support (20)

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.

How lawmakers voted

There were 5 votes on this bill.

Senate Committee on Labor and Regulatory Reform vote on an amendment

Passed, 3 to 2 · Sep 8, 2017

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report adoption of Senate Substitute Amendment 2 recommended by Committee on Labor and Regulatory Reform, Ayes 3, Noes 2”. Official record · This vote on its own page

Senate Committee on Labor and Regulatory Reform vote to recommend it

Passed, 3 to 2 · Sep 8, 2017

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report passage as amended recommended by Committee on Labor and Regulatory Reform, Ayes 3, Noes 2”. Official record · This vote on its own page

Senate vote

Passed, 5 to 0 · Feb 16, 2018

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Referred to joint committee on Finance by Committee on Senate Organization pursuant to Senate Rule 41 (1)(e), Ayes 5, Noes 0”. Official record · This vote on its own page

Senate vote

Passed, 5 to 0 · Feb 16, 2018

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Withdrawn from joint committee on Finance and made Available for Scheduling by committee on Senate Organization, pursuant to Senate Rule 41 (1)(e), Ayes 5, Noes 0”. Official record · This vote on its own page

Senate vote to pass it

Passed, 22 to 10 · Feb 20, 2018

See how each of the 32 senators voted

D: Democrat, R: Republican

Official motion: “PASSAGE”. Official record · This vote on its own page

What happened

  1. Apr 3, 2018

    The new law was published.

  2. Apr 3, 2018

    The governor signed it. It became 2017 Wisconsin Act 211.

  3. Apr 2, 2018

    Sent to the governor.

  4. Feb 22, 2018

    The Assembly passed it too.

  5. Feb 21, 2018

    Sent to the Assembly Committee on Rules.

  6. Feb 20, 2018

    The Assembly received it.

  7. Feb 20, 2018

    The Senate passed it, 22 to 10.

  8. Feb 20, 2018

    The Senate adopted it.

  9. Feb 16, 2018

    “Withdrawn from joint committee on Finance and made Available for Scheduling by committee on Senate Organization, pursuant to Senate Rule 41 (1)(e), Ayes 5, Noes 0” (the official wording)

  10. Feb 16, 2018

    Sent to the Joint Committee on Finance.

  11. Sep 8, 2017

    The committee voted to recommend passing it, 3 to 2.

  12. Sep 8, 2017

    “Report adoption of Senate Substitute Amendment 2 recommended by Committee on Labor and Regulatory Reform, Ayes 3, Noes 2” (the official wording)

  13. Jul 5, 2017

    A state agency sent in its estimate of the cost.

  14. May 30, 2017

    The committee held a public hearing.

  15. May 3, 2017

    A state agency sent in its estimate of the cost.

  16. Mar 15, 2017

    A state agency sent in its estimate of the cost.

  17. Mar 9, 2017

    A state agency sent in its estimate of the cost.

  18. Feb 21, 2017

    Sent to the Senate Committee on Labor and Regulatory Reform.

  19. Feb 21, 2017

    Introduced in the Senate.

See the official record, word for word
  1. Feb 21, 2017 · Senate

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

  2. Feb 21, 2017 · Senate

    Read first time and referred to Committee on Labor and Regulatory Reform

  3. Mar 9, 2017 · Senate

    Fiscal estimate received

  4. Mar 15, 2017 · Senate

    Fiscal estimate received

  5. May 3, 2017 · Senate

    Fiscal estimate received

  6. May 24, 2017 · Senate

    Senate Substitute Amendment 1 offered by Senator Craig

  7. May 30, 2017 · Senate

    Public hearing held

  8. Jul 5, 2017 · Senate

    Fiscal estimate received

  9. Sep 6, 2017 · Senate

    Senate Substitute Amendment 2 offered by Senators Craig and Nass

  10. Sep 7, 2017 · Senate

    Executive action taken

  11. Sep 8, 2017 · Senate

    Report adoption of Senate Substitute Amendment 2 recommended by Committee on Labor and Regulatory Reform, Ayes 3, Noes 2

  12. Sep 8, 2017 · Senate

    Report passage as amended recommended by Committee on Labor and Regulatory Reform, Ayes 3, Noes 2

  13. Sep 8, 2017 · Senate

    Available for scheduling

  14. Jan 18, 2018 · Senate

    LRB correction (Senate Substitute Amendment 2)

  15. Feb 5, 2018 · Senate

    Senate Amendment 1 to Senate Substitute Amendment 2 offered by Senator Craig

  16. Feb 16, 2018 · Senate

    Referred to joint committee on Finance by Committee on Senate Organization pursuant to Senate Rule 41 (1)(e), Ayes 5, Noes 0

  17. Feb 16, 2018 · Senate

    Withdrawn from joint committee on Finance and made Available for Scheduling by committee on Senate Organization, pursuant to Senate Rule 41 (1)(e), Ayes 5, Noes 0

  18. Feb 16, 2018 · Senate

    Placed on calendar 2-20-2018 pursuant to Senate Rule 18(1)

  19. Feb 20, 2018 · Senate

    Read a second time

  20. Feb 20, 2018 · Senate

    Senate Amendment 1 to Senate Substitute Amendment 2 adopted

  21. Feb 20, 2018 · Senate

    Senate Substitute Amendment 2 adopted

  22. Feb 20, 2018 · Senate

    Ordered to a third reading

  23. Feb 20, 2018 · Senate

    Rules suspended

  24. Feb 20, 2018 · Senate

    Read a third time and passed, Ayes 22, Noes 10

  25. Feb 20, 2018 · Senate

    Ordered immediately messaged

  26. Feb 20, 2018 · Assembly

    Received from Senate

  27. Feb 21, 2018 · Assembly

    Read first time and referred to committee on Rules

  28. Feb 21, 2018 · Assembly

    Made a special order of business at 2:02 PM on 2-22-2018 pursuant to Assembly Resolution 28

  29. Feb 22, 2018 · Assembly

    Read a second time

  30. Feb 22, 2018 · Assembly

    Ordered to a third reading

  31. Feb 22, 2018 · Assembly

    Rules suspended

  32. Feb 22, 2018 · Assembly

    Read a third time and concurred in

  33. Feb 22, 2018 · Assembly

    Ordered immediately messaged

  34. Feb 23, 2018 · Senate

    Received from Assembly concurred in

  35. Feb 26, 2018 · Senate

    Report correctly enrolled

  36. Apr 2, 2018 · Senate

    Presented to the Governor on 4-2-2018

  37. Apr 3, 2018 · Senate

    Report approved by the Governor on 4-3-2018. 2017 Wisconsin Act 211

  38. Apr 3, 2018 · Senate

    Published 4-4-2018

Terms on this page

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act. 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

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

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

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act

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

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote

More in the glossary