AB130: Bill Text

AB130, s. 470 Section 470. 146.81 (4) of the statutes is amended to read:

AB130,140,12 146.81 (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.

AB130, s. 471 Section 471. 146.81 (5) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB130,141,3 146.81 (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 (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.

AB130, s. 472 Section 472. 157.065 (2) (a) 4. c. of the statutes is amended to read:

AB130,141,6 157.065 (2) (a) 4. c. A Type 1 secured correctional facility, as defined in s. 48.02 (15m) 938.02 (19).

AB130, s. 473 Section 473. 161.455 (1) of the statutes is amended to read:

AB130,141,11 161.455 (1) Any person who has attained the age of 18 17 years who knowingly solicits, hires, directs, employs or uses a person who has not attained the age of 18 years is 17 years of age or under for the purpose of violating s. 161.41 (1) may be fined not more than $50,000 or imprisoned for not more than 10 years or both.

AB130, s. 474 Section 474. 161.46 (1) of the statutes is amended to read:

AB130,141,18 161.46 (1) Except as provided in sub. (3), any person 18 17 years of age or over who violates s. 161.41 (1) by distributing a controlled substance listed in schedule I or II which is a narcotic drug to a person under 18 17 years of age or under who is at least 3 years his or her junior is punishable by the fine authorized by s. 161.41 (1) (a) or a term of imprisonment of up to twice that authorized by s. 161.41 (1) (a), or both.

AB130, s. 475 Section 475. 161.46 (2) of the statutes is amended to read:

AB130,141,25 161.46 (2) Except as provided in sub. (3), any person 18 17 years of age or over who violates s. 161.41 (1) by distributing any other controlled substance listed in schedule I, II, III, IV or V to a person under 18 17 years of age or under who is at least 3 years his or her junior is punishable by the fine authorized by s. 161.41 (1) (b), (i) or (j) or a term of imprisonment of up to twice that authorized by s. 161.41 (1) (b), (i) or (j) or both.

AB130, s. 476 Section 476. 161.46 (3) of the statutes is amended to read:

AB130,142,8 161.46 (3) If any person 18 17 years of age or over violates s. 161.41 (1) (cm), (d), (e), (f), (g) or (h) by distributing a controlled substance included under s. 161.14 (7) (L) or 161.16 (2) (b), heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine or any form of tetrahydrocannabinols to a person under 18 17 years of age or under who is at least 3 years his or her junior, any applicable minimum and maximum fines and minimum and maximum periods of imprisonment under s. 161.41 (1) (cm), (d), (e), (f), (g) or (h) are doubled.

AB130, s. 477 Section 477. 161.573 (2) of the statutes is amended to read:

AB130,142,11 161.573 (2) Any person who violates this section who is under 18 17 years of age is subject to a disposition under s. 48.344 938.344 (2e).

AB130, s. 478 Section 478. 161.574 (2) of the statutes is amended to read:

AB130,142,14 161.574 (2) Any person who violates this section who is under 18 17 years of age is subject to a disposition under s. 48.344 938.344 (2e).

AB130, s. 479 Section 479. 161.575 (1) of the statutes is amended to read:

AB130,142,19 161.575 (1) Any person 18 17 years of age or over who violates s. 161.574 by delivering drug paraphernalia to a person under 18 17 years of age or under who is at least 3 years younger than the violator may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

AB130, s. 480 Section 480. 161.575 (2) of the statutes is amended to read:

AB130,142,22 161.575 (2) Any person who violates this section who is under 18 17 years of age is subject to a disposition under s. 48.344 938.344 (2e).

AB130, s. 481 Section 481. 165.76 (1) (a) of the statutes is amended to read:

AB130,143,3 165.76 (1) (a) Is in prison or, a secured correctional facility, as defined in s. 48.02 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), 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.

AB130, s. 482 Section 482. 165.76 (2) (b) 2. of the statutes is amended to read:

AB130,143,15 165.76 (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 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 or in a secured correctional facility under the supervision of that department 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 or a secured child caring institution under the supervision of that department.

AB130, s. 483 Section 483. 165.76 (2) (b) 5. of the statutes is amended to read:

AB130,143,22 165.76 (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 a secured child caring institution or who are 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.

AB130, s. 484 Section 484. 165.76 (3) of the statutes is amended to read:

AB130,144,3 165.76 (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.

AB130, s. 485 Section 485. 165.765 (1) of the statutes is amended to read:

AB130,144,7 165.765 (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.

AB130, s. 486 Section 486. 165.765 (2) (a) of the statutes is amended to read:

AB130,144,13 165.765 (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.

AB130, s. 487 Section 487. 165.77 (2) (b) of the statutes is amended to read:

AB130,144,16 165.77 (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.

AB130, s. 488 Section 488. 165.77 (3) of the statutes is amended to read:

AB130,145,5 165.77 (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.

AB130, s. 489 Section 489. 175.35 (1) (ag) of the statutes is amended to read:

AB130,145,9 175.35 (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.

AB130, s. 490 Section 490. 175.45 (1) (b) of the statutes is amended to read:

AB130,145,14 175.45 (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.

AB130, s. 491 Section 491. 175.45 (1) (e) of the statutes is amended to read:

AB130,145,17 175.45 (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.

AB130, s. 492 Section 492. 175.45 (3) (a) 2. of the statutes is amended to read:

AB130,145,21 175.45 (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.

AB130, s. 493 Section 493. 175.45 (5) (b) of the statutes is amended to read:

AB130,145,25 175.45 (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.

AB130, s. 494 Section 494. 227.03 (4) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130,146,9 227.03 (4) The provisions of this chapter relating to contested cases do not apply to proceedings involving the revocation of aftercare supervision under s. 48.357 938.357 (5) or 48.366 938.366 (5) or corrective sanctions supervision under s. 48.357 (5) or youthful offender supervision under s. 48.537 (4), 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.

AB130, s. 495 Section 495. 230.36 (1) of the statutes is amended to read:

AB130,147,16 230.36 (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 university of Wisconsin hospital 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 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 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.

AB130, s. 496 Section 496. 230.36 (3) (c) (intro.) of the statutes is amended to read:

AB130,147,21 230.36 (3) (c) (intro.) A guard, institution aide, or other employe at the university of Wisconsin hospital 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:

AB130, s. 497 Section 497. 252.04 (6) of the statutes is amended to read:

AB130,148,9 252.04 (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.

AB130, s. 498 Section 498. 252.11 (5m) of the statutes is amended to read:

AB130,148,17 252.11 (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.

AB130, s. 499 Section 499. 252.11 (7) of the statutes is amended to read:

AB130,149,2 252.11 (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.

AB130, s. 500 Section 500. 252.15 (1) (ab) of the statutes is amended to read:

AB130,149,10 252.15 (1) (ab) "Affected person" means an emergency medical technician, first responder, fire fighter, peace officer, correctional officer, person who is employed at a secured correctional facility, as defined in s. 48.02 938.02 (15m), or at a secured child caring institution, as defined in s. 938.02 (15g), state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper, health care provider, employe of a health care provider or staff member of a state crime laboratory.

AB130, s. 501 Section 501. 252.15 (2) (a) 6. of the statutes is amended to read:

AB130,149,18 252.15 (2) (a) 6. A health care professional acting under an order of the court under subd. 7. or s. 48.296 938.296 (4) or 968.38 (4) may, without first obtaining consent to the testing, subject an individual to a test or a series of tests to detect the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV. No sample used for laboratory test purposes under this subdivision may disclose the name of the test subject, and, notwithstanding sub. (4) (c), the test results may not be made part of the individual's permanent medical record.

AB130, s. 502 Section 502. 252.15 (2) (a) 7. a. of the statutes is amended to read:

AB130,150,11 252.15 (2) (a) 7. a. If all of the conditions under subd. 7. ai. to c. are met, an emergency medical technician, first responder, fire fighter, peace officer, correctional officer, person who is employed at a secured correctional facility, as defined in s. 48.02 938.02 (15m), or at a secured child caring institution, as defined in s. 938.02 (15g), state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper who, during the course of providing care or services to an individual; or a peace officer, correctional officer, state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper who, while searching or arresting an individual or while controlling or transferring an individual in custody; or a health care provider or an employe of a health care provider who, during the course of providing care or treatment to an individual or handling or processing specimens of body fluids or tissues of an individual; or a staff member of a state crime laboratory who, during the course of handling or processing specimens of body fluids or tissues of an individual; is significantly exposed to the individual may subject the individual's blood to a test or a series of tests for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV and may receive disclosure of the results.

AB130, s. 503 Section 503. 252.15 (5) (a) 17. of the statutes is amended to read:

AB130,150,17 252.15 (5) (a) 17. To an alleged victim or victim, to a health care professional, upon request as specified in s. 48.296 938.296 (4) (e) or 968.38 (4) (c), who provides care to the alleged victim or victim and, if the alleged victim or victim is a minor, to the parent or guardian of the alleged victim or victim, under s. 48.296 938.296 (4) or 968.38 (4).

AB130, s. 504 Section 504. 252.15 (5) (a) 19. of the statutes is amended to read:

AB130,150,25 252.15 (5) (a) 19. If the test was administered to a child for whom placement in a foster home, group home or child caring institution is recommended under s. 48.33 (4) or 938.33 (3) or (4), to an agency directed by a court to prepare a court report under s. 48.33 (1) or 938.33 (1) or a permanency plan under s. 48.38 or 938.38 regarding the child and, by that agency, to the child's foster parent or the operator of the group home or child caring institution in which the child is placed, as provided in s. 48.371 or 938.371.

AB130, s. 505 Section 505. 301.01 (2) (b) of the statutes is amended to read:

AB130,151,4 301.01 (2) (b) Any resident of a secured correctional facility, as defined in s. 48.02 938.02 (15m), operated by the department of health and social services, or any resident of a secured child caring institution, as defined in s. 938.02 (15g).

AB130, s. 506 Section 506. 301.02 of the statutes is amended to read:

AB130,151,8 301.02 Institutions governed. The department shall maintain and govern the state correctional institutions and the secured correctional facilities, as defined in s. 938.02 (15m), that are operated by the department.

AB130, s. 507 Section 507. 301.03 (9) of the statutes is amended to read:

AB130,151,11 301.03 (9) Supervise all persons placed under s. 48.366 938.183 or 938.366 (8) in a state prison.

AB130, s. 508 Section 508. 301.03 (9m) of the statutes, as created by 1993 Wisconsin Act 377, is amended to read:

AB130,151,15 301.03 (9m) Supervise all persons placed in the youthful offender program under s. 48.537 938.537.

AB130, s. 509 Section 509. 301.035 (2) of the statutes is amended to read:

AB130,151,19 301.035 (2) Assign hearing examiners from the division to preside over hearings under ss. 48.357 (5), 302.11 (7), 938.357 (5), 973.10 and 975.10 (2) and ch. 304.

AB130, s. 510 Section 510. 301.035 (4) of the statutes is amended to read:

AB130,151,23 301.035 (4) Supervise employes in the conduct of the activities of the division and be the administrative reviewing authority for decisions of the division under ss. 48.357 (5), 302.11 (7), 938.357 (5), 973.10, 973.155 (2) and 975.10 (2) and ch. 304.

AB130, s. 511 Section 511. 301.135 (1) of the statutes is amended to read:

AB130,152,5 301.135 (1) The department may contract with counties to provide electronic monitoring services relating to criminal offenders and to children who are placed on electronic monitoring under s. 48.21 (4m), 48.34 938.17 (2) (h) 1., 938.21 (4m), 938.34 (3g) or 48.355 938.355 (6) (d) 3. The department shall charge a fee to counties for providing these services.

AB130, s. 512 Section 512. 301.135 (3m) of the statutes is amended to read:

AB130,152,9 301.135 (3m) The department may not charge a fee to a child who is placed on electronic monitoring under s. 48.21 (4m), 48.34 938.17 (2) (h) 1., 938.21 (4m), 938.34 (3g) or 48.355 938.355 (6) (d) 3. to cover the cost of electronic monitoring of that child.

AB130, s. 513 Section 513. 301.28 (1) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130,152,16 301.28 (1) In this section, "correctional officer" means any person classified as a correctional officer employed by the state whose principal duty is the supervision of inmates at a prison, as defined in s. 302.01, or the supervision of children at a secured correctional facility, as defined in s. 48.02 938.02 (15m), operated by the department.

AB130, s. 514 Section 514. 301.35 (2) (e) of the statutes is created to read: