1995 Wisconsin Act 77

125.07 (4) (bs) 4. For a violation committed within 12 months of 3 or more previous violations, either a forfeiture of not less than $750 nor more than $1,000, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

77,477 Section 477 . 125.07 (4) (c) 1. of the statutes is amended to read:

125.07 (4) (c) 1. For a first violation, a forfeiture of not less than $100 nor more than $200, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 1., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

77,478 Section 478 . 125.07 (4) (c) 2. of the statutes is amended to read:

125.07 (4) (c) 2. For a violation committed within 12 months of a previous violation, either a forfeiture of not less than $200 nor more than $300, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 2., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

77,479 Section 479 . 125.07 (4) (c) 3. of the statutes is amended to read:

125.07 (4) (c) 3. For a violation committed within 12 months of 2 previous violations, either a forfeiture of not less than $300 nor more than $500, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

77,480 Section 480 . 125.07 (4) (c) 4. of the statutes is amended to read:

125.07 (4) (c) 4. For a violation committed within 12 months of 3 or more previous violations, either a forfeiture of not less than $500 nor more than $1,000, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

77,481 Section 481 . 125.07 (4) (cg) of the statutes is amended to read:

125.07 (4) (cg) 1. If the court orders a person to participate in a A supervised work program ordered under par. (bs) or (c), the shall be administered by the county department under s. 46.215 or 46.22 or by a community agency approved by the court. The court shall set standards for the supervised work program within the budgetary limits established by the county board of supervisors. The supervised work program may provide the person with reasonable compensation reflecting the market value of the work performed, or it may consist of uncompensated community service work, and shall be administered by a the county department under s. 46.215 or 46.22 or a community agency approved by the court. Community service work ordered under par. (bs) or (c), other than community service work performed under a supervised work program, shall be administered by a public agency or nonprofit charitable organization approved by the court. The court may use any available resources, including any community service work program, in ordering the child to perform community service work under par. (bs) or (c).

2. The supervised work program or other community service work shall be of a constructive nature designed to promote the person's rehabilitation, shall be appropriate to the person's age level and physical ability and shall be combined with counseling from an agency staff a member of the staff of the county department, community agency, public agency or nonprofit charitable organization or other qualified person. The supervised work program or other community service work may not conflict with the person's regular attendance at school. The amount of work required shall be reasonably related to the seriousness of the person's offense.

77,482 Section 482 . 125.07 (4) (d) of the statutes is amended to read:

125.07 (4) (d) A person who is under 18 years of age on the date of disposition is subject to s. 48.344 938.344 unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under s. 48.344 938.344 (3).

77,483 Section 483 . 125.07 (4) (e) 2. a. of the statutes is amended to read:

125.07 (4) (e) 2. a. Submit to an alcohol abuse assessment that conforms to the criteria specified under s. 48.547 938.547 (4) and that is conducted by an approved treatment facility. The order shall designate an approved treatment facility to conduct the alcohol abuse assessment and shall specify the date by which the assessment must be completed.

77,484 Section 484 . 125.085 (3) (bd) of the statutes is amended to read:

125.085 (3) (bd) Any underage person who violates par. (b) is subject to a forfeiture of not less than $100 nor more than $500, suspension of the person's operating privilege under s. 343.30 (6) (bm), participation in a supervised work program or other community service work under par. (bh) or any combination of these penalties.

77,485 Section 485 . 125.085 (3) (bh) of the statutes is amended to read:

125.085 (3) (bh) 1. If the court orders a person to participate in a A supervised work program ordered under par. (bd), the shall be administered by the county department under s. 46.215 or 46.22 or by a community agency approved by the court. The court shall set standards for the supervised work program within the budgetary limits established by the county board of supervisors. The supervised work program may provide the person with reasonable compensation reflecting the market value of the work performed, or it may consist of uncompensated community service work, and shall be administered by the county department under s. 46.215 or 46.22 or a community agency approved by the court. Community service work ordered under par. (bd), other than community service work performed under a supervised work program, shall be administered by a public agency or nonprofit charitable organization approved by the court. The court may use any available resources, including any community service work program, in ordering the child to perform community service work under par. (bd).

2. The supervised work program or other community service work shall be of a constructive nature designed to promote the person's rehabilitation, shall be appropriate to the person's age level and physical ability and shall be combined with counseling from an agency staff a member of the staff of the county department, community agency, public agency or nonprofit charitable organization or other qualified person. The supervised work program or other community service work may not conflict with the person's regular attendance at school. The amount of work required shall be reasonably related to the seriousness of the person's offense.

77,486 Section 486 . 125.085 (3) (bt) of the statutes is amended to read:

125.085 (3) (bt) A person who is under 18 years of age on the date of disposition is subject to s. 48.344 938.344 unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under s. 48.344 938.344 (3).

77,487 Section 487 . 125.09 (2) (d) of the statutes is amended to read:

125.09 (2) (d) A person who violates this subsection is subject to a forfeiture of not more than $200, except that ss. 48.344 and 125.07 (4) (c) and (d) and 938.344 provide the penalties applicable to underage persons.

77,488 Section 488 . 146.34 (1) (e) of the statutes is amended to read:

146.34 (1) (e) “Legal custodian" means a person other than a parent or guardian or an agency to whom the legal custody of a minor has been transferred by a court under ch. 48 or 938, but does not include a person who has only physical custody of a minor.

77,489 Section 489 . 146.34 (5) (a) (intro.) of the statutes is amended to read:

146.34 (5) (a) (intro.) A relative of the prospective donor or the district attorney or corporation counsel of the county of residence of the prospective donor may file a petition with the court assigned to exercise jurisdiction under ch. chs. 48 and 938 for an order to prohibit either of the following:

77,490 Section 490 . 146.81 (4) of the statutes is amended to read:

146.81 (4) “Patient health care records" means all records related to the health of a patient prepared by or under the supervision of a health care provider, including the records required under s. 146.82 (2) (d) and (3) (c), but not those records subject to s. 51.30, reports collected under s. 69.186, records of tests administered under s. 48.296 (4), 252.15 (2) (a) 7., 343.305, 938.296 (4) or 968.38 (4), fetal monitor tracings, as defined under s. 146.817 (1), or a pupil's physical health records maintained by a school under s. 118.125.

77,491 Section 491 . 146.81 (5) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

146.81 (5) “Person authorized by the patient" means the parent, guardian or legal custodian of a minor patient, as defined in s. 48.02 (8) and (11), the person vested with supervision of the child under s. 48.34 938.183 or 938.34 (4h), (4m) or (4n), the guardian of a patient adjudged incompetent, as defined in s. 880.01 (3) and (4), the personal representative or spouse of a deceased patient, any person authorized in writing by the patient or a health care agent designated by the patient as a principal under ch. 155 if the patient has been found to be incapacitated under s. 155.05 (2), except as limited by the power of attorney for health care instrument. If no spouse survives a deceased patient, “person authorized by the patient" also means an adult member of the deceased patient's immediate family, as defined in s. 632.895 (1) (d). A court may appoint a temporary guardian for a patient believed incompetent to consent to the release of records under this section as the person authorized by the patient to decide upon the release of records, if no guardian has been appointed for the patient.

77,492 Section 492 . 157.065 (2) (a) 4. c. of the statutes is amended to read:

157.065 (2) (a) 4. c. A Type 1 secured correctional facility, as defined in s. 48.02 (15m) (19).

77,493 Section 493 . 157.065 (2) (a) 4. c. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

157.065 (2) (a) 4. c. A Type 1 secured correctional facility, as defined in s. 938.02 (19).

77,494 Section 494 . 161.573 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

161.573 (2) Any person who violates this section who is under 17 years of age is subject to a disposition under s. 48.344 938.344 (2e).

77,495 Section 495 . 161.574 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

161.574 (2) Any person who violates this section who is under 17 years of age is subject to a disposition under s. 48.344 938.344 (2e).

77,496 Section 496 . 161.575 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

161.575 (2) Any person who violates this section who is under 17 years of age is subject to a disposition under s. 48.344 938.344 (2e).

77,497 Section 497 . 165.76 (1) (a) of the statutes is amended to read:

165.76 (1) (a) Is in prison or a secured correctional facility, as defined in s. 48.02 (15m), or on probation, parole, supervision, or aftercare supervision or corrective sanctions supervision on or after August 12, 1993, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.

77,498 Section 498 . 165.76 (1) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

165.76 (1) (a) Is in prison or a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g) or on probation, parole, supervision or aftercare supervision on or after August 12, 1993, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.

77,499 Section 499 . 165.76 (2) (b) 2. of the statutes is amended to read:

165.76 (2) (b) 2. If the person has been sentenced to prison or placed in a secured correctional facility, he or she shall provide the specimen under par. (a) at the office of a county sheriff as soon as practicable after release on parole, or aftercare supervision or corrective sanctions supervision, as directed by his or her probation and parole agent, or aftercare agent or corrective sanctions agent, except that the department of corrections may require the person to provide the specimen while he or she is in prison and the department of health and social services may require the person, if a child, to provide the specimen while he or she is placed at a secured correctional facility.

77,500 Section 500 . 165.76 (2) (b) 2. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

165.76 (2) (b) 2. If the person has been sentenced to prison or placed in a secured correctional facility or a secured child caring institution, he or she shall provide the specimen under par. (a) at the office of a county sheriff as soon as practicable after release on parole or aftercare supervision, as directed by his or her probation and parole agent or aftercare agent, except that the department of corrections may require the person to provide the specimen while he or she is in prison or in a secured correctional facility or a secured child caring institution.

77,501 Section 501 . 165.76 (2) (b) 5. of the statutes is amended to read:

165.76 (2) (b) 5. Notwithstanding subds. 1. to 3., for persons who are subject to sub. (1) and who are in prison or a secured correctional facility or on probation, parole, supervision, or aftercare supervision or corrective sanctions supervision on August 12, 1993, the departments of justice, corrections and health and social services shall cooperate to have these persons provide specimens under par. (a) before July 1, 1998.

77,483m Section 483m. 165.76 (2) (b) 5. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

165.76 (2) (b) 5. Notwithstanding subds. 1. to 3., for persons who are subject to sub. (1) and who are in prison, a secured correctional facility or a secured child caring institution or on probation, parole, supervision or aftercare supervision on August 12, 1993, the departments of justice, corrections and health and social services shall cooperate to have these persons provide specimens under par. (a) before July 1, 1998.

77,502 Section 502 . 165.76 (3) of the statutes is amended to read:

165.76 (3) If a person is required to submit a biological specimen under s. 48.34 (15), 51.20 (13) (cr), 938.34 (15), 971.17 (1m) or 973.047, he or she shall comply with that requirement and is not required to comply with this section.

77,503 Section 503 . 165.765 (1) of the statutes is amended to read:

165.765 (1) Whoever intentionally fails to comply with a requirement to submit a biological specimen under s. 48.34 (15), 165.76, 938.34 (15) or 973.047 may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

77,504 Section 504 . 165.765 (2) (a) of the statutes is amended to read:

165.765 (2) (a) Any physician, registered nurse, medical technologist, physician assistant or person acting under the direction of a physician who obtains a biological specimen under s. 48.34 (15), 165.76, 938.34 (15) or 973.047 is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.

77,505 Section 505 . 165.77 (2) (b) of the statutes is amended to read:

165.77 (2) (b) Paragraph (a) does not apply to specimens received under s. 48.34 (15), 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) or 973.047.

77,506 Section 506 . 165.77 (3) of the statutes is amended to read:

165.77 (3) If the laboratories receive a human biological specimen under s. 48.34 (15), 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) or 973.047, the laboratories shall analyze the deoxyribonucleic acid in the specimen. The laboratories shall maintain a data bank based on data obtained from deoxyribonucleic acid analysis of those specimens. The laboratories may compare the data obtained from one specimen with the data obtained from other specimens. The laboratories may make data obtained from any analysis and comparison available to law enforcement agencies in connection with criminal or delinquency investigations and, upon request, to any prosecutor, defense attorney or subject of the data. The data may be used in criminal and delinquency actions and proceedings. In this state, the use is subject to s. 972.11 (5). The laboratories shall destroy specimens obtained under this subsection after analysis has been completed and the applicable court proceedings have concluded.

77,507 Section 507 . 175.35 (1) (ag) of the statutes is amended to read:

175.35 (1) (ag) “Criminal history record" includes information reported to the department under s. 48.396 938.396 (8) that indicates a person was adjudicated delinquent for an act that if committed by an adult in this state would be a felony.

77,508 Section 508 . 175.45 (1) (b) of the statutes is amended to read:

175.45 (1) (b) Is in prison or , a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or on probation, parole, supervision or aftercare supervision on or after December 25, 1993, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.

77,509 Section 509 . 175.45 (1) (e) of the statutes is amended to read:

175.45 (1) (e) Is ordered by a court under s. 48.34 (15), 51.20 (13) (cr), 938.34 (15) or 973.047 to comply with the reporting requirements under this section.

77,510 Section 510 . 175.45 (3) (a) 2. of the statutes is amended to read:

175.45 (3) (a) 2. If the person has been sentenced to prison or placed in a secured correctional facility or a secured child caring institution, he or she is subject to this subsection after he or she is discharged from parole or aftercare supervision.

77,511 Section 511 . 175.45 (5) (b) of the statutes is amended to read:

175.45 (5) (b) If the person has been sentenced to prison or placed in a secured correctional facility or a secured child caring institution, 15 years after discharge from parole or aftercare supervision.

77,512 Section 512 . 227.03 (4) of the statutes, as affected by 1995 Wisconsin Act 27, section 6226, is amended to read:

227.03 (4) The provisions of this chapter relating to contested cases do not apply to proceedings involving the revocation of aftercare supervision under s. 48.357 (5) or 48.366 (5) or corrective sanctions supervision under s. 48.357 (5), the revocation of parole or probation, the grant of probation, prison discipline, mandatory release under s. 302.11 or any other proceeding involving the care and treatment of a resident or an inmate of a correctional institution.

77,513 Section 513 . 227.03 (4) of the statutes, as affected by 1995 Wisconsin Act 27, section 6226m, and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

227.03 (4) The provisions of this chapter relating to contested cases do not apply to proceedings involving the revocation of aftercare supervision under s. 48.366 (5) or 938.357 (5), the revocation of parole or probation, the grant of probation, prison discipline, mandatory release under s. 302.11 or any other proceeding involving the care and treatment of a resident or an inmate of a correctional institution.

77,514 Section 514 . 230.36 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

230.36 (1) If a conservation warden, conservation patrol boat captain, conservation patrol boat engineer, state forest ranger, conservation field employe of the department of natural resources who is subject to call for fire control duty, member of the state patrol, state motor vehicle inspector, lifeguard, excise tax investigator employed by the department of revenue, special criminal investigation agent employed by the department of justice, special tax agent, state drivers' license examiner, state fair park police officer, University of Wisconsin System police officer and other state facilities police officer and patrol officer, security officer, watcher, engineer, engineering aide, building construction superintendent, fire fighter employed at the Wisconsin Veterans Home, or guard or institutional aide or a state probation and parole officer or any other employe whose duties include supervision and discipline of inmates or wards of the state at a state penal institution, including a secured correctional facility, as defined in s. 48.02 938.02 (15m), or while on parole supervision outside of the confines of the institutions, or supervision of persons placed on probation by a court of record, or supervision and care of patients at a state mental institution, and the University of Wisconsin Hospitals and Clinics suffers injury while in the performance of his or her duties, as defined in subs. (2) and (3); or any other state employe who is not listed in this subsection and who is ordered by his or her appointing authority to accompany any employe listed in this subsection while the listed employe is engaged in the duties defined in sub. (3), or any other state employe who is not listed in this subsection and who is ordered by his or her appointing authority to perform the duties, when permitted, in lieu of the listed employe and while so engaged in the duties defined in sub. (3), suffers injury as defined in sub. (2) the employe shall continue to be fully paid by the employing agency upon the same basis as paid prior to the injury, with no reduction in sick leave credits, compensatory time for overtime accumulations or vacation and no reduction in the rate of earning sick leave credit or vacation. The full pay shall continue while the employe is unable to return to work as the result of the injury or until the termination of his or her employment upon recommendation of the appointing authority. At any time during the employe's period of disability the appointing authority may order physical or medical examinations to determine the degree of disability at the expense of the employing agency.

77,515 Section 515 . 230.36 (3) (c) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

230.36 (3) (c) (intro.) A guard, institution aide, or other employe at the University of Wisconsin Hospitals and Clinics or at a state penal or mental institution, including a secured correctional facility, as defined in s. 48.02 938.02 (15m), and a state probation and parole officer, at all times while:

77,516 Section 516 . 252.04 (6) of the statutes is amended to read:

252.04 (6) The school, day care center or nursery school shall notify the district attorney of the county in which the student resides of any minor student who fails to present written evidence of completed immunizations or a written waiver under sub. (3) within 60 school days after being admitted to the school, day care center or nursery school. The district attorney shall petition the court exercising jurisdiction under ch. chs. 48 and 938 for an order directing that the student be in compliance with the requirements of this section. If the court grants the petition, the court may specify the date by which a written waiver shall be submitted under sub. (3) or may specify the terms of the immunization schedule. The court may require an adult student or the parent, guardian or legal custodian of a minor student who refuses to submit a written waiver by the specified date or meet the terms of the immunization schedule to forfeit not more than $25 per day of violation.

77,517 Section 517 . 252.11 (5m) of the statutes is amended to read:

252.11 (5m) A health care professional, as defined in s. 48.296 (1) (a), or a health care professional, as defined in s. 968.38 (1) (a), acting under an order of a court under s. 48.296 938.296 (4) or 968.38 (4) may, without first obtaining informed consent to the testing, subject an individual to a test or a series of tests to ascertain whether that individual is infected with a sexually transmitted disease. No sample used for performance of a test under this subsection may disclose the name of the test subject.

77,518 Section 518 . 252.11 (7) of the statutes is amended to read:

252.11 (7) Reports, examinations and inspections and all records concerning sexually transmitted diseases are confidential and not open to public inspection, and shall not be divulged except as may be necessary for the preservation of the public health, in the course of commitment proceedings under sub. (5) or as provided under s. 48.296 938.296 (4) or 968.38 (4). If a physician has reported a case of sexually transmitted disease to the department under sub. (4), information regarding the presence of the disease and treatment is not privileged when the patient or physician is called upon to testify to the facts before any court of record.