AB150-ASA1-AA26,403,1514
800.01
(2) (a) Service under sub. (1) (a) shall be as provided in s.
801.11 or 15968.04 (3) (b) 2. or by personal service by a municipal employe.".
AB150-ASA1-AA26,403,2218
800.095
(7m) Transfer of unclaimed money. In addition to the procedures
19under this section, a municipal court may order the transfer of any of the defendant's
20money that the municipality is holding and that is unclaimed by the defendant for
21more than one year to pay any forfeitures that the defendant failed to pay the
22municipality.".
AB150-ASA1-AA26,404,5
1809.30
(1) (b) "Sentencing" means, in a felony or misdemeanor case, the
2imposition of a sentence, fine or probation
or, in a misdemeanor case, imposition of
3community supervision. In a ch. 48, 51 or 55 case, other than a termination of
4parental rights case under s. 48.43, it means the entry of the trial court's final
5judgment or order.".
AB150-ASA1-AA26,404,14
11814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 101.22 (6) (i)
12and (6m) (a), 769.313, 814.025, 814.245, 895.035 (4), 895.75 (3), 895.77 (2),
895.80 (3), 13943.212 (2) (b), 943.245 (2) (d) and 943.51 (2) (b), when allowed costs shall be as
14follows:
AB150-ASA1-AA26, s. 7148c
15Section 7148c. 814.04 (intro.) of the statutes, as affected by 1995 Wisconsin
16Act .... (this act), is amended to read:
AB150-ASA1-AA26,404,20
17814.04 Items of costs. (intro.) Except as provided in ss. 93.20,
101.22 106.04 18(6) (i) and (6m) (a), 769.313, 814.025, 814.245, 895.035 (4), 895.75 (3), 895.77 (2),
19895.80 (3), 943.212 (2) (b), 943.245 (2) (d) and 943.51 (2) (b), when allowed costs shall
20be as follows:".
AB150-ASA1-AA26,405,8
7"
Section 7172d. 814.63 (1) (b) of the statutes, as affected by 1995 Wisconsin
8Act .... (this act), is amended to read:
AB150-ASA1-AA26,405,129
814.63
(1) (b) Beginning with the fees imposed on September 1, 1989, and
10ending with the fees imposed on December 31, 1995, in all forfeiture actions in circuit
11court, the clerk of court shall collect a fee of
$20
$25 to be paid by the defendant when
12judgment is entered against the defendant.
AB150-ASA1-AA26, s. 7172f
13Section 7172f. 814.63 (5) of the statutes, as affected by 1995 Wisconsin Act ....
14(this act), section 7174, is amended to read:
AB150-ASA1-AA26,405,1815
814.63
(5) Of the fees received by the clerk under sub. (1) (b), the county
16treasurer shall pay
$12.50 $17.50 to the state treasurer for deposit in the general
17fund and shall retain the balance for the use of the county. The state treasurer shall
18credit $5 of the
$12.50 $17.50 to the appropriation under s. 20.680 (2) (j).".
AB150-ASA1-AA26,406,23
5891.20 Articles of incorporation, presumptions. Any charter or patent of
6incorporation which shall have been issued by the governor
or, secretary of state
or
7department of financial institutions, or
both
by any combination, to any corporation
8under any law of the state; any certificate of organization or association of any
9corporation or joint stock company; the articles of organization of a limited liability
10company; the articles of association or organization of any corporation, or a certified
11copy thereof, which shall have been filed or recorded in the office of the secretary of
12state
or with the department of financial institutions, or recorded in the office of any
13register of deeds or filed or recorded in the office of any clerk of the circuit court under
14any law of the state; any certificate or resolution for the purpose of amendment, and
15every amendment in any form, of the charter, patent, certificate or articles of
16association or organization or of the name, corporate powers or purposes of any
17corporation or limited liability company, filed or recorded in
either any of
said the
18departments or offices and a certified copy of any such document so filed or recorded
19shall be received as conclusive evidence of the existence of the corporation, limited
20liability company or joint stock company mentioned therein, or of the due
21amendment of the charter, patent, certificate or articles of association or
22organization thereof in all cases where such facts are only collaterally involved; and
23as presumptive evidence thereof and of the facts therein stated in all other cases.".
AB150-ASA1-AA26,407,192
893.19
(1) If a person is out of this state when the cause of action accrues
3against the person an action may be commenced within the terms of this chapter
4respectively limited after the person returns or removes to this state. But the
5foregoing provision shall not apply to any case where, at the time the cause of action
6accrues, neither the party against nor the party in favor of whom the same accrues
7is a resident of this state; and if, after a cause of action accrues against any person,
8he or she departs from and resides out of this state the time of absence is not any part
9of the time limited for the commencement of an action; provided, that no foreign
10corporation which files with the
secretary of state
department of financial
11institutions, or any other state official or body, pursuant to the requirements of any
12applicable statute of this state, an instrument appointing a registered agent as
13provided in ch. 180, a resident or any state official or body of this state, its attorney
14or agent, on whom, pursuant to such instrument or any applicable statute, service
15of process may be made in connection with such cause of action, is deemed a person
16out of this state within the meaning of this section for the period during which such
17appointment is effective, excluding from such period the time of absence from this
18state of any registered agent, resident agent or attorney so appointed who departs
19from and resides outside of this state.".
AB150-ASA1-AA26,407,2422
895.52
(6) (d) 3. Property within 300 feet of a building or structure on land that
23is classified as
mercantile commercial or manufacturing under s. 70.32 (2)
(b) (a) 2.
24or 3.".
AB150-ASA1-AA26,408,6
3895.80 Property damage or loss. (1) Any person who suffers damage or loss
4by reason of conduct that occurs on or after November 1, 1995, and that is prohibited
5under s. 943.01, 943.20, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.50 or
6943.61 has a cause of action against the person who caused the damage or loss.
AB150-ASA1-AA26,408,9
7(2) The burden of proof in a civil action under sub. (1) is with the person who
8suffers damage or loss to prove his or her case by a preponderance of the credible
9evidence.
AB150-ASA1-AA26,408,11
10(3) If the plaintiff prevails in a civil action under sub. (1), he or she may recover
11all of the following:
AB150-ASA1-AA26,408,1212
(a) Treble damages.
AB150-ASA1-AA26,408,1313
(b) All costs of investigation and litigation that were reasonably incurred.
AB150-ASA1-AA26,408,16
14(4) A person may bring a civil action under sub. (1) regardless of whether there
15has been a criminal action related to the loss or damage under sub. (1) and regardless
16of the outcome of any such criminal action.
AB150-ASA1-AA26,408,21
17(5) No person may bring a cause of action under both this section and s.
18943.212, 943.245 or 943.51 regarding the same incident or occurrence. If the plaintiff
19has a cause of action under both this section and s. 943.212, 943.245 or 943.51
20regarding the same incident or occurrence, the plaintiff may choose which action to
21bring.".
AB150-ASA1-AA26,408,24
24"(ag) Any violation of s. 813.12 (8) (a).
AB150-ASA1-AA26,409,2
1(ah) Any misdemeanor arising out of an arrest for a domestic abuse incident
2under s. 968.075.".
AB150-ASA1-AA26,409,6
4"
(2m) If a person is convicted of a misdemeanor to which sub. (1) applies, a court
5may not place the person on probation but may place the person on community
6supervision under s. 973.095.
AB150-ASA1-AA26,409,108
940.20
(2m) (a) In this subsection, "probation and parole agent" means any
9person authorized by the department of corrections to exercise control over a
10probationer or parolee
or a person on community supervision.".
AB150-ASA1-AA26,409,23
21798. Page 2228, line 3: delete lines 3 to 5 and substitute: "son to be charged
22if the prosecutor specifies in the complaint the penalties, including imprisonment,
23authorized by law for the offense.".
AB150-ASA1-AA26,410,204
967.055
(2) (a) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss
5or amend a charge under s. 346.63 (1) or (5) or a local ordinance in conformity
6therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the
7use of a vehicle or an improper refusal under s. 343.305, the prosecutor shall apply
8to the court. The application shall state the reasons for the proposed amendment or
9dismissal. The court may approve the application only if the court finds that the
10proposed amendment or dismissal is consistent with the public's interest in deterring
11the operation of motor vehicles by persons who are under the influence of an
12intoxicant, a controlled substance or both, under the influence of any other drug to
13a degree which renders him or her incapable of safely driving, or under the combined
14influence of an intoxicant and any other drug to a degree which renders him or her
15incapable of safely driving, or in deterring the operation of commercial motor
16vehicles by persons with an alcohol concentration of 0.04 or more.
The court may not
17approve an application to amend the vehicle classification from a commercial motor
18vehicle to a noncommercial motor vehicle unless there is evidence in the record that
19the motor vehicle being operated by the defendant at the time of his or her arrest was
20not a commercial motor vehicle.".
AB150-ASA1-AA26,411,3
1969.01
(2) (a) Release pursuant to s. 969.02 or 969.03 may be allowed in the
2discretion of the trial court after conviction and prior to sentencing or the granting
3of probation
or community supervision.
AB150-ASA1-AA26,411,225
969.01
(4) Considerations in setting conditions of release. If bail is imposed,
6it shall be only in the amount found necessary to assure the appearance of the
7defendant. Conditions of release, other than monetary conditions, may be imposed
8for the purpose of protecting members of the community from serious bodily harm
9or preventing intimidation of witnesses. Proper considerations in determining
10whether to release the defendant without bail, fixing a reasonable amount of bail or
11imposing other reasonable conditions of release are: the ability of the arrested person
12to give bail, the nature, number and gravity of the offenses and the potential penalty
13the defendant faces, whether the alleged acts were violent in nature, the defendant's
14prior criminal record, if any, the character, health, residence and reputation of the
15defendant, the character and strength of the evidence which has been presented to
16the judge, whether the defendant is currently on probation
, community supervision 17or parole, whether the defendant is already on bail or subject to other release
18conditions in other pending cases, whether the defendant has been bound over for
19trial after a preliminary examination, whether the defendant has in the past
20forfeited bail or violated a condition of release or was a fugitive from justice at the
21time of arrest, and the policy against unnecessary detention of the defendant's
22pending trial.
AB150-ASA1-AA26,412,324
969.03
(3) Once bail has been given and a charge is pending or is thereafter filed
25or transferred to another court, the latter court shall continue the original bail in that
1court subject to s. 969.08. A single bond form shall be utilized for all stages of the
2proceedings through conviction and sentencing or the granting of probation
or
3community supervision.".
AB150-ASA1-AA26,412,146
971.165
(2) If the plea of not guilty by reason of mental disease or defect is tried
7to a jury, the court shall inform the jury that the effect of a verdict of not guilty by
8reason of mental disease or defect is that, in lieu of criminal sentence
or, probation
9or community supervision, the defendant will be committed to the custody of the
10department of health and social services and will be placed in an appropriate
11institution unless the court determines that the defendant would not pose a danger
12to himself or herself or to others if released under conditions ordered by the court.
13No verdict on the plea of not guilty by reason of mental disease or defect may be valid
14or received unless agreed to by at least five-sixths of the jurors.".
