1999 Wisconsin Act 85

(g) Causes of action for a violation of s. 968.31 (2m) or other damage to the person,.

(h) Causes of action for all damage done to the property rights or interests of another,.

(i) Causes of action for goods taken and carried away,.

(j) Causes of action for damages done to real or personal estate, equitable.

(k) Equitable actions to set aside conveyances of real estate,.

(L) Equitable actions to compel a reconveyance of real estate, or.

(m) Equitable actions to quiet the title to real estate, and.

(n) Equitable actions for a specific performance of contracts relating to real estate.

(o) Causes of action for wrongful death, which shall survive the death of the wrongdoer whether or not the death of the wrongdoer occurred before or after the death of the injured person.

Note: Subdivides long provision in outline form to break up long sentence, consistent with current style.

85,172 Section 172. 895.70 (2) (b) of the statutes is amended to read:

895.70 (2) (b) Notwithstanding ss. 801.09 (1), 801.095, 802.04 (1) and 815.05 (intro.) (1g) (a), in an action brought under this section, the plaintiff may substitute his or her initials, or fictitious initials, and his or her age and county of residence for his or her name and address on the summons and complaint. The plaintiff's attorney shall supply the court the name and other necessary identifying information of the plaintiff. The court shall maintain the name and other identifying information, and supply the information to other parties to the action, in a manner which that reasonably protects the information from being disclosed to the public.

Note: Amends cross-reference. Section 815.05 (intro.) is renumbered s. 815.05 (1g) (a) by this bill. Replaces incorrectly used "which" in conformity with current style.

85,173 Section 173. 902.01 (2) of the statutes is renumbered 902.01 (2) (intro.) and amended to read:

902.01 (2) Kinds of facts. (intro.) A judicially noticed fact must be one not subject to reasonable dispute in that it is either any of the following:

(a) A fact generally known within the territorial jurisdiction of the trial court or.

(b) A fact capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.

Note: Renumbers provision in outline form consistent with current style and amends the (intro.) subsection and subsequent paragraphs accordingly.

85,174 Section 174. 906.11 (1) of the statutes is renumbered 906.11 (1) (intro.) and amended to read:

906.11 (1) (intro.) Control by judge. The judge shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to do all of the following:

(a) make Make the interrogation and presentation effective for the ascertainment of the truth,.

(b) avoid Avoid needless consumption of time, and.

(c) protect Protect witnesses from harassment or undue embarrassment.

Note: Renumbers provision in outline form consistent with current style and amends the (intro.) subsection and subsequent paragraphs accordingly.

85,175 Section 175. 906.13 (2) of the statutes is renumbered 906.13 (2) (a) (intro.) and amended to read:

906.13 (2) (a) (intro.) Extrinsic evidence of a prior inconsistent statement by a witness is not admissible unless: (a) the any of the following is applicable:

1. The witness was so examined while testifying as to give the witness an opportunity to explain or to deny the statement; or (b) the.

2. The witness has not been excused from giving further testimony in the action; or (c) the.

3. The interests of justice otherwise require. This provision

(b) Paragraph (a) does not apply to admissions of a party-opponent as defined in s. 908.01 (4) (b).

Note: Renumbers provision in outline form consistent with current style and amends the (intro.) subsection and subsequent paragraphs accordingly. Inserts specific cross-references.

85,176 Section 176. 908.03 (3) of the statutes is amended to read:

908.03 (3) Then existing mental, emotional, or physical condition. A statement of the declarant's then existing state of mind, emotion, sensation, or physical condition (, such as intent, plan, motive, design, mental feeling, pain, and bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the execution, revocation, identification, or terms of declarant's will.

Note: Replaces parentheses consistent with current style.

85,177 Section 177. 908.03 (22) of the statutes is amended to read:

908.03 (22) Judgment of previous conviction. Evidence of a final judgment, entered after a trial or upon a plea of guilty (, but not upon a plea of no contest), adjudging a person guilty of a felony as defined in ss. 939.60 and 939.62 (3) (b), to prove any fact essential to sustain the judgment, but not including, when offered by the state in a criminal prosecution for purposes other than impeachment, judgments against persons other than the accused. The pendency of an appeal may be shown but does not affect admissibility.

Note: Replaces parentheses consistent with current style.

85,178 Section 178. 908.045 (5) (a) of the statutes is renumbered 908.045 (5) and amended to read:

908.045 (5) Statement of personal or family history of declarant. A statement concerning the declarant's own birth, adoption, marriage, divorce, relationship by blood, adoption or marriage, ancestry, whether the person is a marital or nonmarital child, or other similar fact of personal or family history, even though declarant had no means of acquiring personal knowledge of the matter stated; or (b) a.

(5m) A statement concerning the foregoing matters, birth, adoption, marriage, divorce, relationship by blood, adoption or marriage, ancestry, whether the person is a marital or nonmarital child, or other similar fact of personal or family history and death also, of another a person other than the declarant, if the declarant was related to the other person by blood, adoption or marriage or was so intimately associated with the other's other person's family as to be likely to have accurate information concerning the matter declared.

Note: Eliminates numbering not in conformity with current style by dividing provision into 2 separate subsections and inserting specific references into the new sub. (5m). See the next section of this bill.

85,179 Section 179. 908.045 (5m) (title) of the statutes is created to read:

908.045 (5m) (title) Statement of personal or family history of person other than the declarant.

Note: The remaining subsections of s. 908.045 have titles. See the previous section of this bill.

85,180 Section 180. 909.015 (intro.) of the statutes is amended to read:

909.015 General provision; illustrations. (intro.) By way of illustration only, and not by way of limitation, the following are examples of authentication or identification conforming with the requirements of s. 909.01. :

Note: Replaces punctuation to conform provision to current style for an (intro.).

85,181 Section 181. 909.015 (8) of the statutes is renumbered 909.015 (8) (intro.) and amended to read:

909.015 (8) Ancient documents or data compilations. (intro.) Evidence that a document or data compilation, in any form,:

(a) is Is in such a condition as to create that creates no suspicion concerning its authenticity,;

(b) was Was in a place where it, if authentic, would likely be,; and

(c) has Has been in existence 20 years or more at the time it is offered.

Note: Renumbers provision in outline form consistent with current style.

85,182 Section 182. 909.02 (intro.) of the statutes is amended to read:

909.02 Self-authentication. (intro.) Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to any of the following:

Note: Adds language to conform provision to current style for an (intro.).

85,183 Section 183. 909.02 (3) of the statutes is amended to read:

909.02 (3) Public documents of foreign countries. A document purporting to be executed or attested in his or her official capacity by a person authorized by the laws of a foreign country to make the execution or attestation, and accompanied by a final certification as to the genuineness of the signature and official position (a) of the executing or attesting person, or (b) of any foreign official whose certificate of genuineness of signature and official position relates to the execution or attestation or is in a chain of certificates of genuineness of signature and official position relating to the execution or attestation. A final certification may be made by a secretary of embassy or legation, consul general, consul, vice consul, or consular agent of the United States, or a diplomatic or consular official of the foreign country assigned or accredited to the United States. If reasonable opportunity has been given to all parties to investigate the authenticity and accuracy of official documents, the judge may, for good cause shown, order that they be treated as presumptively authentic without final certification or permit them to be evidenced by an attested summary with or without final certification.

Note: Deletes numbering not in conformity with current style.

85,184 Section 184. 938.991 (10) of the statutes is renumbered 938.991 (10) (intro.) and amended to read:

938.991 (10) Article X - Supplementary Agreements. (intro.) That the duly constituted administrative authorities of a state party to this compact may enter into supplementary agreements with any other state or states party hereto for the cooperative care, treatment and rehabilitation of delinquent juveniles whenever they shall find that such agreements will improve the facilities or programs available for such care, treatment and rehabilitation. Such care, treatment and rehabilitation may be provided in an institution located within any state entering into such supplementary agreement. Such supplementary agreements shall (1) provide:

(a) Provide the rates to be paid for the care, treatment and custody of such delinquent juveniles, taking into consideration the character of facilities, services and subsistence furnished; (2) provide

(b) Provide that the delinquent juvenile shall be given a court hearing prior to being sent to another state for care, treatment and custody; (3) provide

(c) Provide that the state receiving such a delinquent juvenile in one of its institutions shall act solely as agent for the state sending such delinquent juvenile; (4) provide

(d) Provide that the sending state shall at all times retain jurisdiction over delinquent juveniles sent to an institution in another state; (5) provide

(e) Provide for reasonable inspection of such institutions by the sending state; (6) provide

(f) Provide that the consent of the parent, guardian, person or agency entitled to the legal custody of said delinquent juvenile shall be secured prior to the delinquent juvenile's being sent to another state; and (7) make

(g) Make provision for such other matters and details as shall be necessary to protect the rights and equities of such delinquent juveniles and of the cooperating states.

Note: Replaces numbering not in conformity with current style.

85,185 Section 185. 939.62 (1) (intro.) of the statutes is amended to read:

939.62 (1) (intro.) If the actor is a repeater, as that term is defined in sub. (2), and the present conviction is for any crime for which imprisonment may be imposed (, except for an escape under s. 946.42 or a failure to report under s. 946.425), the maximum term of imprisonment prescribed by law for that crime may be increased as follows:

Note: Replaces parentheses consistent with current style.

85,186 Section 186. 940.20 (7) (title) of the statutes is created to read:

940.20 (7) (title) Battery to emergency medical care providers.

Note: The other subsections of s. 940.20 have titles.

85,187 Section 187. 941.27 (1) (title) of the statutes is created to read:

941.27 (1) (title) Definition.

Note: The other subsection of s. 941.27 has a title.

85,188 Section 188. 943.03 of the statutes is amended to read:

943.03 Arson of property other than building. Whoever, by means of fire, intentionally damages any property (other than a building) of another without the person's consent, if the property is of the not a building and has a value of $100 or more, is guilty of a Class E felony.

Note: Removes parentheses consistent with current style, and repositions text to accommodate the removal of parentheses and to improve readability.

85,189 Section 189. 943.04 of the statutes is amended to read:

943.04 Arson with intent to defraud. Whoever, by means of fire, damages any property (, other than a building), with intent to defraud an insurer of that property is guilty of a Class D felony. Proof that the actor recovered or attempted to recover on a policy of insurance by reason of the fire is relevant but not essential to establish the actor's intent to defraud the insurer.

Note: Replaces parentheses consistent with current style.

85,190 Section 190. 946.13 (2) (intro.) of the statutes is amended to read:

946.13 (2) (intro.) Subsection (1) does not apply to any of the following:

Note: Amends provision consistent with current style for (intro.) provisions.

85,191 Section 191. 946.13 (2) (b) to (e) of the statutes are amended to read:

946.13 (2) (b) Contracts involving the deposit of public funds in public depositories; or.