417,82
Section 82
. 767.455 (5) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
767.455 (5) Form. The summons shall be in substantially the following form:
STATE OF WISCONSIN, CIRCUIT COURT : .... COUNTY
In re the Paternity of A. B.
STATE OF WISCONSIN
and
C. D.
Address
City, State Zip Code File No. ...
, Petitioners
vs. S U M M O N S
E. F.
Address .... (Case Classification Type): .... (Code No.)
City, State Zip Code
, Respondent
THE STATE OF WISCONSIN, To the Respondent:
You have been sued. .... claims that you are the father of the child, .... born on .... (date), in .... (city) (county) (state). You must appear to answer this claim of paternity. Your court appearance is:
Date:
Time:
Room:
Judge or Family Court Commissioner:
Address:
If you do not appear, the court will enter a default judgment finding you to be the father. A default judgment will take effect 30 days after it is served on or mailed to you, unless within those 30 days you present to the court evidence of good cause for failure to appear. If you plan to be represented by an attorney, you should contact the attorney prior to the court appearance listed above. If you are unable to afford an attorney, the court will appoint one for you one only upon the blood tests showing that you are not excluded as the father and the probability of your being the father is less than 99.0%. Appearance is not required if you complete the attached waiver of first appearance statement and send it to the court at least 10 days prior to the date of your scheduled appearance in this summons.
Dated: ...., 19 ..
Signed:.... ....
G. H., Clerk of Circuit Court
or
Petitioner's Attorney
State Bar No.: ....
Address: ....
City, State Zip Code: ....
Phone No.: ....
NOTE: The underscored “one for" was deleted by 1995 Wis. Act 27 without being stricken. The stricken “one" was inserted without being underscored. Neither change was intended.
417,83
Section 83
. 779.97 (4) (c) 2. of the statutes, as affected by 1995 Wisconsin Act 27, section 7140b, and 1995 Wisconsin Act 201, is amended to read:
779.97 (4) (c) 2. If a certificate of release is presented for filing with any other filing officer specified in sub. (2), the officer shall enter the certificate with the date of filing in any alphabetical federal lien index on the line where the original notice of lien is entered and may then remove the notice of federal lien and any related refiling of a notice of lien, certificate of nonattachment, discharge or subordination from the files, provided that the officer shall keep the certificate of release or a microfilm or other photographic record, or in the case of the department of financial institutions, or a register of deeds if authorized under s. 59.43 (4), a microfilm or other photographic record or optical disk or electronic record, of the certificate of release in a file, separate from those containing currently effective notices of federal liens, for a period of 30 years after the date of filing of the certificate of release.
NOTE: The underscored language was deleted by 1995 Wis. Act 27 without being stricken. No change was intended.
417,84
Section 84
. The amendments of 814.04 (intro.) of the statutes by 1995 Wisconsin Acts 24 and 27 are not repealed by 1995 Wisconsin Act 133. All amendments stand.
Note: There is no conflict of substance.
417,85
Section 85
. 814.634 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, section 7175d, is amended to read:
814.634 (1) (a) Except for an action for a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $40 court support services fee from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3) or (8) (a) or (am) or 814.63 (1).
NOTE: The stricken language is a cross-reference to a provision which was repealed by 1995 Wis. Act 27.
417,86
Section 86
. 814.70 (6) (a) (title) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 814.70 (6) (title).
Note: Section 814.70 (6) (title) was inadvertently changed to s. 814.70 (6) (a) (title) by 1995 Wis. Act 27.
417,87
Section 87
. 938.33 (4m) (c) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:
938.33 (4m) (c) A written explanation of how the parent may request a revision under s. 938.363 in the amount of child support ordered by the court under s. 938.335 938.355 (2) (b) 4.
Note: Corrects cross-reference. There is no s. 938.335 (2) (b) 4. Section 938.355 (2) (b) 4. relates to support orders.
417,88
Section 88
. 941.11 (2) of the statutes is amended to read:
941.11 (2) Intentionally burns a building of one who has consented to the destruction thereof but does so under circumstances in which he or she should realize he or she is creating an unreasonable risk of death or great bodily harm to another or serious damage to a third
3rd person's property.
Note: Corrects error in transcribing 1993 Wis. Act 486. Replaces word form of number with digits from greater consistency with current style.
417,89
Section 89
. 941.29 (2) (c) of the statutes, as affected by 1995 Wisconsin Acts 71 and 77, is amended to read:
941.29 (2) (c) The person possesses a firearm subsequent to the finding of not guilty or not responsible by reason of insanity or mental disease, defect or illness as specified in sub. (1) (c) or (d). Whoever violates this section after being convicted under this section is guilty of a Class D felony.
Note: 1995 Wisconsin Act 77 amended s. 941.29 (2) without taking into account the amendment of this subsection by 1995 Wisconsin Act 71. As the result of the Act 71 amendment, the language added by Act 77, shown stricken above, requires placement in a separate subsection. See the next section of this bill.
417,90
Section 90
. 941.29 (2m) of the statutes is created to read:
941.29 (2m) Whoever violates this section after being convicted under this section is guilty of a Class D felony.
Note: See the note to the previous section of this bill.
417,91
Section 91
. 971.17 (2) (title) of the statutes is reenacted to read:
971.17 (2) (title) Investigation and examination.
Note: This title was inadvertently deleted from the printed statutes.
417,92
Section 92
. 976.04 (2) of the statutes is amended to read:
976.04 (2) If an arrest is made in this state by an officer of another state in accordance with sub. (1), the officer shall without unnecessary delay take the person arrested before a judge of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the judge determines that the arrest was lawful the judge shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the governor of this state or admit the person to bail for such purpose. If the judge determines that the arrest was unlawful he, the judge shall discharge the person arrested.
Note: Corrects error in transcribing 1993 Wis. Act 486.
417,93
Section 93
. 977.06 (4) (b) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
977.06 (4) (b) (intro.) The state public defender shall promptly release a copy of any statement, affidavit or other information provided by a person regarding financial eligibility under this s. 977.07 only if the state public defender or a circuit court finds all of the following:
NOTE: The stricken language was rendered surplusage by 1995 Wis. Act 27.
417,94
Section 94
. 977.076 (2) of the statutes, as affected by 1995 Wisconsin Acts 27 and 77, is amended to read:
977.076 (2) The department of administration may collect unpaid reimbursement payments to the state public defender ordered by a court under sub. (1) or s. 48.275 (1) (a) (2), 757.66, 938.275 (1) (a) or 973.06 (1) (e). The department may contract with a private collection agency to collect these payments. Section 16.705 does not apply to a contract under this subsection.
Note: Inserts correct cross-reference. There is no s. 48.275 (1) (a).
417,95
Section 95
. 1993 Wisconsin Act 16, sections 2207ahn and 2207ahp are repealed.
Note: 1993 Wis. Act 16, sections 2207ahn and 2207ahp, repealed s. 111.70 (1) (dm) and (nc), effective July 1, 1996. 1995 Wis. Act 27, sections 3793c and 3793e, repealed and recreated these provisions. 1995 Wis. Act 27 also repealed and recreated several other parts of s. 111.70 which were repealed by 1993 Wis. Act 16. For clarification, 1995 Wis. Act 27, sections 7298d to 7298r, repealed the s. 111.70 repeal provisions contained in 1993 Wis. Act 16. However, through inadvertence, the repeals of s. 111.70 (1) (dm) and (nc) by 1993 Wis. Act 16 were not repealed. The repeals of s. 111.70 (1) (dm) and (nc) by 1993 Wis. Act 16 are repealed here to clarify that 1995 Wis. Act 27, sections 3793c and 3793e stand.
417,96
Section 96
. 1995 Wisconsin Act 77, section 278 is amended by replacing “48.35 (intro.) of the statutes is renumbered" with “48.35 (1) (intro.) of the statutes is renumbered".
Note: Inserts correct citation. There is no s. 48.35 (intro.).
417,97
Section 97
. 1995 Wisconsin Act 103, section 42 (1) is amended to read:
[1995 Wisconsin Act 103] Section 42 (1) The repeal and recreation of sections 214.305, 214.345 (5) (by Section 8), 214.49 (5) (intro.) and (12), 214.62 (3), 214.625, 214.63, 214.65 (2) (a) and (b), 214.665 (1), 214.67 and 214.93 of the statutes takes effect on July 1, 1996, or on the day after publication, whichever is later.
Note: See the note to the previous section of this bill.
417,98
Section 98
.
Effective dates. This act takes effect on the day after publication, except as follows:
(1) The treatment of sections 16.385 (4) (a), 20.435 (7) (kd), 46.215 (1m), 46.22 (1) (dm), 46.26 (4) (eg), 48.30 (9), 49.33 (2), 51.42 (3) (as) 1., 51.437 (4r) (b), 106.115 (1) (a), 144.95 (2) (title), 179.12 (6), 179.16 (1) (b), 185.01 (3m), 218.01 (6) (em), 221.296 (1), 223.105 (3) (a), 301.26 (4) (b), 301.32 (1), 409.403 (5) (a) 3., 563.13 (2), 569.04 (1), 767.32 (2r), 779.97 (4) (c) 2., 938.33 (4m) (c), 941.29 (2) (c) and (2m) and 977.076 (2) of the statutes takes effect on July 1, 1996, or on the day after publication, whichever is later.
