1999 Wisconsin Act 85

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.

(c) Contracts involving loans made pursuant to s. 67.12; or.

(d) Contracts for the publication of legal notices required to be published, provided such notices are published at a rate not higher than that prescribed by law; or.

(e) Contracts for the issuance to a public officer or employe of tax titles, tax certificates, or instruments representing an interest in, or secured by, any fund consisting in whole or in part of taxes in the process of collection, provided such titles, certificates, or instruments are issued in payment of salary or other obligations due such officer or employe; or.

Note: Replaces punctuation for internal consistency and conformity with current style.

85,192 Section 192. 961.01 (2m) (a) of the statutes is amended to read:

961.01 (2m) (a) "Anabolic steroid" means any drug or hormonal substance, chemically or pharmacologically related to testosterone (, except estrogens, progestin, and corticosteroids), that promotes muscle growth. The term includes all of the substances included in s. 961.18 (7), and any of their esters, isomers, esters of isomers, salts and salts of esters, isomers and esters of isomers, that are theoretically possible within the specific chemical designation, and if such esters, isomers, esters of isomers, salts and salts of esters, isomers and esters of isomers promote muscle growth.

Note: Replaces parentheses consistent with current style.

85,193 Section 193. 967.04 (5) (a) of the statutes is renumbered 967.04 (5) (a) (intro.) and amended to read:

967.04 (5) (a) (intro.) At the trial or upon any hearing, a part or all of a deposition (, so far as it is otherwise admissible under the rules of evidence), may be used if it appears: That the any of the following conditions appears to have been met:

1. The witness is dead; that the.

2. The witness is out of state, unless it appears that the absence of the witness was procured by the party offering the depositions; that the deposition.

3. The witness is unable to attend or testify because of sickness or infirmity; or that the.

4. The party offering the deposition has been unable to procure the attendance of the witness by subpoena.

Note: Replaces parentheses and renumbers provision in outline form consistent with current style and amends the (intro.) paragraph and subsequent subdivisions accordingly.

85,194 Section 194. 969.02 (2) (intro.) and (b) of the statutes are consolidated, renumbered 969.02 (2) and amended to read:

969.02 (2) In lieu of release pursuant to sub. (1), the judge may:(b) Require require the execution of an appearance bond with sufficient solvent sureties, or the deposit of cash in lieu thereof.

Note: As there is only one paragraph under s. 969.02 (2), the subsection (intro.) and par. (b) are consolidated as one statutory unit.

85,195 Section 195. 975.06 (6) of the statutes is amended to read:

975.06 (6) Persons committed under this section who are also encumbered with other sentences, whether concurrent with or consecutive to the commitment, may be placed by the department in any of the facilities listed in s. 975.08 (2) or (3) (a). Such facilities may be regarded as state prisons for the purpose of beginning the other sentences, crediting time served on them, and computing parole eligibility dates.

Note: Amends cross-reference consistent with renumbering by this bill.

85,196 Section 196. 975.08 (3) of the statutes is renumbered 975.08 (3) (a) and amended to read:

975.08 (3) (a) The department may make use of law enforcement, detention, parole, medical, psychiatric, psychological, educational, correctional, segregative and other resources, institutions and agencies, public or private, within the state. The department may enter into agreements with public officials for separate care and special treatment (, in existing institutions), of persons subject to the control of the department under this chapter.

(b) Nothing herein contained shall give in par. (a) gives the department control any of the following:

1. Control over existing institutions or agencies not already under its control, or give it power.

2. Power to make use of any private agency or institution without its that agency's or institution's consent.

Note: Subdivides provision, replaces parentheses and pronouns and inserts specific references for improved readability and conformity with current style.

85,197 Section 197. 978.12 (6) (a) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

978.12 (6) (a) 1. District attorneys and state employes of the office of district attorney shall be included within all insurance benefit plans under ch. 40, except as authorized in this paragraph. Alternatively, the state shall provide insurance benefit plans for district attorneys and state employes in the office of district attorney in the manner provided in this paragraph.

2. A district attorney or other employe of the office of district attorney who was employed in that office as a county employe on December 31, 1989, and who received any form of fringe benefits other than a retirement, deferred compensation or employe-funded reimbursement account plan as a county employe, as defined by that county pursuant to the county's personnel policies, or pursuant to a collective bargaining agreement in effect on January 1, 1990, or the most recent collective bargaining agreement covering represented employes who are not covered by such an agreement, may elect to continue to be covered under all such fringe benefit plans provided by the county after becoming a state employe. In a county having a population of 500,000 or more, the fringe benefit plans shall include health insurance benefits fully paid by the county for each retired employe who, on or after December 31, 1989, attains at least 15 years of service in the office of district attorney of that county, whether or not the service is as a county employe, for the duration of the employe's life. An employe may make an election under this paragraph subdivision no later than January 31, 1990, except that an employe who serves as an assistant district attorney in a county having a population of 500,000 or more may make an election under this paragraph subdivision no later than March 1, 1990. An election under this paragraph subdivision shall be for the duration of the employe's employment in the office of district attorney for the same county by which the employe was employed or until the employe terminates the election under this paragraph subd. 4., at the same cost to the county as the county incurs for a similarly situated county employe.

3. Subject to par. (b), if the employer's cost for such fringe benefits described in subd. 2. for any such employe described in subd. 2. is less than or equal to the cost for comparable coverage under ch. 40, if any, the state shall reimburse the county for that cost. Subject to par. (b), if the employer's cost for such fringe benefits for any such employe is greater than the cost for comparable coverage under ch. 40, the state shall reimburse the county for the cost of comparable coverage under ch. 40 and the county shall pay the remainder of the cost. The cost of comparable coverage under ch. 40 shall equal the average cost of comparable coverage under ch. 40 for employes in the office of the state public defender, as contained in budget determinations approved by the joint committee on finance or the legislature under the biennial budget act for the period during which the costs are incurred.

4. An employe who makes the election under this paragraph subd. 2. may terminate that election, and shall then be included within all insurance benefit plans under ch. 40, except that the department of employe trust funds may require prior written notice, not exceeding one year's duration, of an employe's intent to be included under any insurance benefit plan under ch. 40.

Note: Subdivides long provision and inserts cross-references accordingly.

85,198 Section 198. 979.01 (1) (intro.) of the statutes is amended to read:

979.01 (1) (intro.) All physicians, authorities of hospitals, sanatoriums, public and private institutions (public and private), convalescent homes, authorities of any institution of a like nature, and other persons having knowledge of the death of any person who has died under any of the following circumstances, shall immediately report such the death to the sheriff, police chief, medical examiner or coroner of the county wherein such where the death took place, and the.

(1g) A sheriff or police chief shall, immediately upon notification of a death under sub. (1), notify the coroner or the medical examiner and the coroner or medical examiner of the county where death took place, if the crime, injury or event occurred in another county, shall immediately report such death immediately all of the following to the coroner or medical examiner of that county: