1995 Wisconsin Act 27

885.37 (4) (a) 2. In circuit court, the state director of state courts shall pay the expense.

27,7209 Section 7209 . 885.37 (4) (a) 2m. of the statutes is created to read:

885.37 (4) (a) 2m. To assist the state public defender in representing an indigent in preparing for court proceedings, the state public defender shall pay the expense.

27,7210 Section 7210 . 887.23 (1) of the statutes is amended to read:

887.23 (1) Who may require. The department of health and social services, the department of corrections, the state superintendent department of education or the board of regents of the university of Wisconsin system may order the deposition of any witness to be taken concerning any institution under his, her or its government or superintendence, or concerning the conduct of any officer or agent thereof, or concerning any matter relating to the interests thereof. Upon presentation of a certified copy of such order to any municipal judge, notary public or court commissioner, the officer shall take the desired deposition in the manner provided for taking depositions to be used in actions. When any officer or agent of any institution is concerned and will be affected by the testimony, 2 days' written notice of the time and place of taking the deposition shall be given him or her. Any party interested may appear in person or by counsel and examine the witness touching the matters mentioned in the order. The deposition, duly certified, shall be delivered to the authority which ordered it.

27,7211 Section 7211 . 889.29 (1) of the statutes is amended to read:

889.29 (1) If any business, institution or member of a profession or calling in the regular course of business or activity has kept or recorded any memorandum, writing, entry, print, representation or combination thereof, of any act, transaction, occurrence or event, and in the regular course of business has caused any or all of the same to be recorded, copied or reproduced by any photographic, photostatic, microfilm, microcard, miniature photographic, or other process which accurately reproduces or forms a durable medium for so reproducing the original, or to be recorded on an optical disk or in electronic format, the original may be destroyed in the regular course of business, unless its preservation is required by law. Such reproduction or optical disk record, when reduced to comprehensible format and when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not and an enlargement or facsimile of such reproduction of a record or an enlarged copy of a record generated from an original record stored in optical disk or electronic format is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of court. The introduction of a reproduced record, enlargement or facsimile, does not preclude admission of the original.

27,7212b Section 7212b. 891.20 of the statutes is amended to read:

891.20 Articles of incorporation, presumptions. Any charter or patent of incorporation which shall have been issued by the governor or, secretary of state or department of financial institutions, or both by any combination, to any corporation under any law of the state; any certificate of organization or association of any corporation or joint stock company; the articles of organization of a limited liability company; the articles of association or organization of any corporation, or a certified copy thereof, which shall have been filed or recorded in the office of the secretary of state or with the department of financial institutions, or recorded in the office of any register of deeds or filed or recorded in the office of any clerk of the circuit court under any law of the state; any certificate or resolution for the purpose of amendment, and every amendment in any form, of the charter, patent, certificate or articles of association or organization or of the name, corporate powers or purposes of any corporation or limited liability company, filed or recorded in either any of said the departments or offices and a certified copy of any such document so filed or recorded shall be received as conclusive evidence of the existence of the corporation, limited liability company or joint stock company mentioned therein, or of the due amendment of the charter, patent, certificate or articles of association or organization thereof in all cases where such facts are only collaterally involved; and as presumptive evidence thereof and of the facts therein stated in all other cases.

27,7212m Section 7212m. 891.39 (1) (b) of the statutes is amended to read:

891.39 (1) (b) In actions affecting the family, in which the question of paternity is raised, and in paternity proceedings, the court, upon being satisfied that the parties to the action are unable to adequately compensate any such guardian ad litem for the guardian ad litem's services and expenses, shall then make an order specifying the guardian's compensation and expenses, which compensation and expenses shall be paid as provided in s. 967.06. If the court orders a county to pay the compensation of the guardian ad litem, the amount ordered may not exceed the compensation paid to private attorneys under s. 977.08 (4m) (b).

27,7213b Section 7213b. 893.19 (1) of the statutes is amended to read:

893.19 (1) If a person is out of this state when the cause of action accrues against the person an action may be commenced within the terms of this chapter respectively limited after the person returns or removes to this state. But the foregoing provision shall not apply to any case where, at the time the cause of action accrues, neither the party against nor the party in favor of whom the same accrues is a resident of this state; and if, after a cause of action accrues against any person, he or she departs from and resides out of this state the time of absence is not any part of the time limited for the commencement of an action; provided, that no foreign corporation which files with the secretary of state department of financial institutions, or any other state official or body, pursuant to the requirements of any applicable statute of this state, an instrument appointing a registered agent as provided in ch. 180, a resident or any state official or body of this state, its attorney or agent, on whom, pursuant to such instrument or any applicable statute, service of process may be made in connection with such cause of action, is deemed a person out of this state within the meaning of this section for the period during which such appointment is effective, excluding from such period the time of absence from this state of any registered agent, resident agent or attorney so appointed who departs from and resides outside of this state.

27,7214 Section 7214 . 893.925 (2) (a) of the statutes is amended to read:

893.925 (2) (a) An action to recover damages for mining-related injuries under s. 107.32 shall be brought within 3 years of the date on which the death or injury occurs unless the department of industry, labor and human relations development gives written notice within the time specified in this subsection that a claim has been filed with it under sub. (1), in which case an action based on the claim may be brought against the person to whom the notice is given within one year after the final resolution, including any appeal, of the claim or within the time specified in this subsection, whichever is longer.

27,7215 Section 7215 . 895.437 (1) (c) of the statutes is amended to read:

895.437 (1) (c) “Lodging establishment" has the meaning given in s. 101.22 106.04 (1m) (n).

27,7215m Section 7215m. 895.52 (6) (d) 3. of the statutes is amended to read:

895.52 (6) (d) 3. Property within 300 feet of a building or structure on land that is classified as mercantile commercial or manufacturing under s. 70.32 (2) (b) (a) 2. or 3.

27,7223 Section 7223 . 895.65 (1) (c) of the statutes is amended to read:

895.65 (1) (c) “Governmental unit" means any association, authority, board, commission, department, independent agency, institution, office, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature, the office of the governor and the courts. “Governmental unit" does not mean the University of Wisconsin Hospitals and Clinics Authority or any political subdivision of the state or body within one or more political subdivisions which is created by law or by action of one or more political subdivisions.

27,7223m Section 7223m. 895.80 of the statutes is created to read:

895.80 Property damage or loss. (1) Any person who suffers damage or loss by reason of intentional conduct that occurs on or after November 1, 1995, and that is prohibited under s. 943.01, 943.20, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.50 or 943.61 has a cause of action against the person who caused the damage or loss.

(2) The burden of proof in a civil action under sub. (1) is with the person who suffers damage or loss to prove his or her case by a preponderance of the credible evidence.

(3) If the plaintiff prevails in a civil action under sub. (1), he or she may recover all of the following:

(a) Treble damages.

(b) All costs of investigation and litigation that were reasonably incurred.

(4) A person may bring a civil action under sub. (1) regardless of whether there has been a criminal action related to the loss or damage under sub. (1) and regardless of the outcome of any such criminal action.

(5) No person may bring a cause of action under both this section and s. 943.212, 943.245 or 943.51 regarding the same incident or occurrence. If the plaintiff has a cause of action under both this section and s. 943.212, 943.245 or 943.51 regarding the same incident or occurrence, the plaintiff may choose which action to bring.

27,7225 Section 7225 . 905.15 (1) of the statutes is amended to read:

905.15 (1) An employe of the department of health and social services, the department of industry, labor and human relations or a county department under s. 46.215, 46.22 or 46.23 or a member of a governing body of a federally recognized American Indian tribe who is authorized by federal law to have access to or awareness of the federal tax return information of another in the performance of duties under s. 49.19 or 49.45 or 7 USC 2011 to 2049 may claim privilege to refuse to disclose the information and the source or method by which he or she received or otherwise became aware of the information.

27,7225m Section 7225m. 939.615 of the statutes is created to read:

939.615 Restriction on penalty for certain first offenders charged with misdemeanors. (1) Regardless of whether a misdemeanor authorizes a penalty of imprisonment, the penalty for a misdemeanor is the fine and any penalties, other than imprisonment, authorized by law for that misdemeanor if, at the time of the alleged violation, the defendant had not previously been convicted of any state or federal crime.

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

(a) Any misdemeanor violation under ch. 161, 940, 941 or 948.

(ag) Any violation of s. 813.12 (8) (a).

(ah) Any misdemeanor arising out of an arrest for a domestic abuse incident under s. 968.075.

(b) Any misdemeanor that requires the imposition of a minimum sentence of imprisonment.

(c) Any misdemeanor for which the only penalty is a sentence of imprisonment.

(d) Any case in which the prosecutor elects to proceed under s. 967.052 (2).

(2m) If a person is convicted of a misdemeanor to which sub. (1) applies, a court may not place the person on probation but may place the person on community supervision under s. 973.095.

27,7225x Section 7225x. 940.20 (2m) (a) of the statutes is amended to read:

940.20 (2m) (a) In this subsection, “probation and parole agent" means any person authorized by the department of corrections to exercise control over a probationer or parolee or a person on community supervision.

27,7227 Section 7227 . 940.207 (title) of the statutes is amended to read:

940.207 (title) Battery or threat to department of development or department of industry, labor and human relations employe.

27,7228 Section 7228 . 940.207 (2) (intro.) of the statutes is amended to read:

940.207 (2) (intro.)  Whoever intentionally causes bodily harm or threatens to cause bodily harm to the person or family member of any department of development or department of industry, labor and human relations official, employe or agent under all of the following circumstances is guilty of a Class D felony:

27,7229 Section 7229 . 940.207 (2) (a) of the statutes is amended to read:

940.207 (2) (a) At the time of the act or threat, the actor knows or should have known that the victim is a department of development or department of industry, labor and human relations official, employe or agent or a member of his or her family.

27,7230 Section 7230 . 943.62 (2m) of the statutes is amended to read:

943.62 (2m) This section does not apply to a savings and loan association, credit union, bank, savings bank, or a mortgage banker, loan originator or loan solicitor registered under s. 440.72 224.72.

27,7231m Section 7231m. 945.095 (1) (d), (f), (g) and (h) of the statutes, as created by 1995 Wisconsin Act 11, are amended to read:

945.095 (1) (d) The person provides the gaming commission board, prior to the importation of the gambling devices into the state, all records that account for the gambling devices, including the identification number affixed to each gambling device by the manufacturer, and that identify the location where the gambling devices will be stored prior to the installation of the gambling devices on the vessel.

(f) If the person removes used gambling devices from a vessel, the person shall provide the gaming commission board with an inventory of the used gambling devices prior to their removal from the vessel. The inventory shall include the identification number affixed to each gambling device by the manufacturer.

(g) The person submits documentation to the gaming commission board, no later than 30 days after the date of delivery, that the vessel equipped with gambling devices has been delivered to the customer who ordered the work performed on the vessel.

(h) The person does not sell a gambling device to any other person except to a customer who shall use or possess the gambling device outside of this state in a locality where the use or possession of the gambling device is lawful. If a person sells a gambling device to such a customer, the person shall submit documentation to the gaming commission board, no later than 30 days after the date of delivery, that the gambling device has been delivered to the customer.

27,7232 Section 7232 . 946.13 (10) of the statutes is amended to read:

946.13 (10) Subsection (1) (a) does not apply to a member of a private industry council or a state job training coordinating council appointed under the job training partnership act, 29 USC 1512, or to a member of the governor's council on workforce excellence appointed under s. 15.227 (24).

27,7232q Section 7232q. 946.41 (1) of the statutes is amended to read:

946.41 (1) Whoever Subject to sub. (1m), whoever knowingly resists or obstructs an officer while such officer is doing any act in an official capacity and with lawful authority, is guilty of a Class A misdemeanor.

27,7232r Section 7232r. 946.41 (1m) of the statutes is created to read:

946.41 (1m) (a) A person may not be prosecuted under sub. (1) if all of the following apply:

1. The person violates sub. (1) solely by knowingly giving false information to an officer.

2. The person corrects the false information by providing the officer or the officer's department with the correct information not later than 48 hours after giving the false information to the officer.

(am) Paragraph (a) does not prohibit a prosecutor from charging a person who may not be prosecuted under par. (a) with a violation of a county ordinance if the county in which the violation of sub. (1) allegedly occurred has an ordinance that is in conformity with or substantially similar to sub. (1).

(b) If a prosecutor filed a complaint that charges a person with violating sub. (1) and par. (a) applies, the prosecutor shall comply with s. 968.03 (4).

27,7233m Section 7233m. 946.42 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385, is amended to read:

946.42 (1) (a) “Custody" includes without limitation actual custody of an institution, including a secured juvenile correctional facility, a secure detention facility, as defined under s. 48.02 (16), or a juvenile portion of a county jail, or of a peace officer or institution guard and constructive custody of prisoners and juveniles subject to an order under s. 48.34 (4m), 48.357 (4) or (5) (e) or 48.366 temporarily outside the institution whether for the purpose of work, school, medical care, a leave granted under s. 303.068, a temporary leave or furlough granted to a juvenile or otherwise. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the county to which the prisoner was transferred after conviction. “Custody" also includes the custody by the department of health and social services of a child who is placed in the community under corrective sanctions supervision under s. 48.533 and custody by the department of corrections of a person who is placed in the community under youthful offender supervision under s. 48.537. It does not include the custody of a probationer or parolee by the department of corrections or a probation or parole officer or the custody of a person who has been released to aftercare supervision under ch. 48 unless the person is in actual custody.

27,7233p Section 7233p. 946.42 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

946.42 (1) (a) “Custody" includes without limitation actual custody of an institution, including a secured juvenile correctional facility, a secured child caring institution, as defined in s. 48.02 (15g), a secure detention facility, as defined under s. 48.02 (16), or a juvenile portion of a county jail, or of a peace officer or institution guard and constructive custody of prisoners and juveniles subject to an order under s. 48.34 (4m), 48.357 (4) or (5) (e) or 48.366 temporarily outside the institution whether for the purpose of work, school, medical care, a leave granted under s. 303.068, a temporary leave or furlough granted to a juvenile or otherwise. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the county to which the prisoner was transferred after conviction. “Custody" also includes the custody by the department of corrections of a child who is placed in the community under corrective sanctions supervision under s. 48.533 or serious juvenile offender supervision under s. 48.538. It does not include the custody of a probationer or parolee by the department of corrections or a probation or parole officer or the custody of a person who has been released to aftercare supervision under ch. 48 unless the person is in actual custody.

27,7234m Section 7234m. 946.44 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377 and 486, is amended to read:

946.44 (1) (a) Any officer or employe of an institution where prisoners are detained or any officer or employe providing corrective sanctions supervision under s. 48.533 or youthful offender supervision under s. 48.537 who intentionally permits a prisoner in the officer's or employe's custody to escape; or

27,7234p Section 7234p. 946.44 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377 and 486 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

946.44 (1) (a) Any officer or employe of an institution where prisoners are detained or any officer or employe providing corrective sanctions supervision under s. 48.533 or serious juvenile offender supervision under s. 48.538 who intentionally permits a prisoner in the officer's or employe's custody to escape; or

27,7234r Section 7234r. 946.44 (2) (c) of the statutes is amended to read:

946.44 (2) (c) “Institution" includes a secured juvenile correctional facility and a secured child caring institution.

27,7234t Section 7234t. 946.44 (2) (d) of the statutes, as affected by 1993 Wisconsin Acts 377 and 491, is amended to read:

946.44 (2) (d) “Prisoner" includes a person who is committed to the custody of the department of corrections under s. 48.34 (4g) or placed in a secured correctional facility under s. 48.34 (4m) or 48.357 (4) or (5) (e) or who is subject to an order under s. 48.366.

27,7234v Section 7234v. 946.44 (2) (d) of the statutes, as affected by 1993 Wisconsin Acts 377 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

946.44 (2) (d) “Prisoner" includes a person who is under the supervision of the department of corrections under s. 48.34 (4h) or placed in a secured correctional facility or secured child caring institution under s. 48.34 (4m) or 48.357 (4) or (5) (e) or who is subject to an order under s. 48.366.

27,7235m Section 7235m. 946.45 (1) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

946.45 (1) Any officer or employe of an institution where prisoners are detained or any officer or employe providing corrective sanctions supervision under s. 48.533 or youthful offender supervision under s. 48.537 who, through his or her neglect of duty, allows a prisoner in his or her custody to escape is guilty of a Class B misdemeanor.

27,7235p Section 7235p. 946.45 (1) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

946.45 (1) Any officer or employe of an institution where prisoners are detained or any officer or employe providing corrective sanctions supervision under s. 48.533 or serious juvenile offender supervision under s. 48.538 who, through his or her neglect of duty, allows a prisoner in his or her custody to escape is guilty of a Class B misdemeanor.

27,7235r Section 7235r. 946.45 (2) (c) of the statutes is amended to read:

946.45 (2) (c) “Institution" includes a secured juvenile correctional facility and a secured child caring institution.

27,7235t Section 7235t. 946.45 (2) (d) of the statutes, as affected by 1993 Wisconsin Acts 377 and 491, is amended to read:

946.45 (2) (d) “Prisoner" includes a person who is committed to the custody of the department of corrections under s. 48.34 (4g) or placed in a secured correctional facility under s. 48.34 (4m) or 48.357 (4) or (5) (e) or who is subject to an order under s. 48.366.

27,7235v Section 7235v. 946.45 (2) (d) of the statutes, as affected by 1993 Wisconsin Acts 377 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read: