AB378,210,923
938.533
(3) (b) The department shall operate the corrective sanctions program
24as a Type 2 secured correctional facility. The secretary may allocate and reallocate
1existing and future facilities as part of the Type 2 secured correctional facility. The
2Type 2 secured correctional facility is subject to s.
46.03 (1) 301.02. Construction or
3establishment of a Type 2 secured correctional facility shall be in compliance with
4all state laws except s. 32.035 and ch. 91. In addition to the exemptions under s. 13.48
5(13), construction or establishment of a Type 2 secured correctional facility is not
6subject to the ordinances or regulations relating to zoning, including zoning under
7ch. 91, of the county and city, village or town in which the construction or
8establishment takes place and is exempt from the investigations permitted under s.
946.22 (1) (c) 1. b.
Note: Corrects cross-reference. Section 46.03 (1) governs institutions operated by
the department of health and family services. Section 301.02 governs institutions
operated by the department of corrections.
AB378,210,2112
938.538
(6m) (b) In the selection of classified service employes for a secured
13correctional facility authorized under
1993 Wisconsin Act 377, section
9108 (1) (a),
14the appointing authority shall make every effort to use the expanded certification
15program under s. 230.25 (1n) or rules of the administrator of the division of merit
16recruitment and selection in the department of employment relations to ensure that
17the percentage of employes who are minority group members approximates the
18percentage of the
children juveniles placed at that secured correctional facility who
19are minority group members. The administrator of the division of merit recruitment
20and selection in the department of employment relations shall provide guidelines for
21the administration of this selection procedure.
Note: Replaces "children" with "juveniles" for consistency of references within ch.
938.
AB378,211,133
938.57
(4) A county department may provide aftercare supervision under s.
448.34 938.34 (4n) for juveniles who are released from secured correctional facilities
5or secured child caring institutions operated by the department. If a county
6department intends to change its policy regarding whether the county department
7or the department shall provide aftercare supervision for juveniles released from
8secured correctional facilities or secured child caring institutions operated by the
9department, the county executive or county administrator, or, if the county has no
10county executive or county administrator, the chairperson of the county board of
11supervisors, or, for multicounty departments, the chairpersons of the county boards
12of supervisors jointly, shall submit a letter to the department stating that intent
13before July 1 of the year preceding the year in which the policy change will take effect.
Note: 1995 Wis. Act 77 repealed s. 48.34 (4n) and created s. 938.34 (4n) which is
substantively identical to the former s. 48.34 (4n).
AB378,211,2316
938.993
(2) The compact administrator shall determine for this state whether
17to receive juvenile probationers and parolees of other states under s. 938.991 (7) and
18shall arrange for the supervision of each such probationer or parolee received, either
19by the department or by a person appointed to perform supervision service for the
20court assigned to exercise jurisdiction under this chapter
and ch. 48 for the county
21where the juvenile is to reside, whichever is more convenient. Those persons shall
22in all such cases make periodic reports to the compact administrator regarding the
23conduct and progress of the juveniles.
Note: Inserts missing word.
AB378, s. 575
1Section
575. 939.51 (3) (a) of the statutes is amended to read:
AB378,212,32
939.51
(3) (a) For a Class A misdemeanor, a fine
of not to exceed $10,000 or
3imprisonment not to exceed 9 months, or both.
Note: Deletes word for consistency with the remainder of the section.
AB378,212,96
940.20
(1m) (a) Any person who is subject to an injunction under s. 813.12 or
7a tribal injunction filed under s.
813.12 (9) (a)
806.247 (3) and who intentionally
8causes bodily harm to the petitioner who sought the injunction by an act done
9without the consent of the petitioner is guilty of a Class E felony.
NOTE: Section 813.12 (9) (a) does not exist.
1995 Wis. Act 343 created this
provision without taking into account the repeal and recreation of s. 813.12 (9) by
1995
Wis. Act 306. The filing of tribal injunctions is now under s. 806.247 (3) as created by Act
306.
AB378,212,1412
943.017
(4) If more than one item of property is marked, drawn or written upon
13or etched into under a single intent and design, the markings, drawings or writings
14on or etchings into all
of the property may be prosecuted as a single
forfeiture crime.
Note: 1995 Wis. Act 24 mistakenly included the word "forfeiture". There is no
provision for forfeitures under s. 943.017. Also adds "of" to correct grammar.
Note: There is no conflict of substance.
AB378,213,3
1946.42
(1) (c) "Legal arrest" includes without limitation an arrest pursuant to
2process fair on its face notwithstanding insubstantial irregularities and also
3includes taking a
child juvenile into custody under s. 938.19.
Note: Replaces "child" with "juvenile" for consistency of references with language
of ch. 938.
Note: There is no conflict of substance.
AB378,213,159
948.22
(4) (b) For a person not subject to a court order requiring child,
10grandchild or spousal support payments, when the person knows or reasonably
11should have known that he or she has a dependent, failure to provide support equal
12to at least the amount established by rule by the department of
health and family
13services workforce development under s.
46.25 49.22 (9) (a) or causing a spouse,
14grandchild or child to become a dependent person, or continue to be a dependent
15person, as defined in s. 49.01 (2).
Note: Inserts correct cross-reference and department name. Section 46.25 was
renumbered to s. 49.22 by
1995 Wis. Act 404, moving responsibility for that section from
DHFS to DILJD.
1997 Wis. Act 3 renamed DILJD to DWD.
Note: There is no conflict of substance.
AB378,214,4
1950.02
(1m) "Crime" means an act committed in this state which, if committed
2by a competent adult, would constitute a crime, as defined in s. 939.12, or which, if
3committed by a responsible
child juvenile, would constitute a delinquent act under
4ch. 938.
Note: Replaces "child" with "juvenile" for consistency of references with language
of ch. 938.
Note: There is no conflict of substance. This provision is renumbered to s. 961.48
(2) by
1995 Wis. Act 448.
AB378,214,1210
968.255
(1) (a) 3. Taken into custody under s. 938.19 and there are reasonable
11grounds to believe the
child juvenile has committed an act which if committed by an
12adult would be covered under subd. 1. or 2.
Note: Replaces "child" with "juvenile" for consistency of references with language
of ch. 938.
AB378, s. 586
13Section
586. 968.50 of the statutes, as affected by 1996 Supreme Court Order
1496-08, section 35, is renumbered 968.505.
Note: Supreme Court Order 96-08 renumbered both ss. 756.17 and 756.18 to be
s. 968.50.
AB378,215,5
17970.032 (title)
Preliminary examination;
child juvenile under original
18adult court jurisdiction. (1) Notwithstanding s. 970.03, if a preliminary
19examination is held regarding a
child juvenile who is subject to the original
20jurisdiction of the court of criminal jurisdiction under s. 938.183 (1), the court shall
1first determine whether there is probable cause to believe that the
child juvenile has
2committed the violation of which he or she is accused under the circumstances
3specified in s. 938.183 (1) (a), (am), (b) or (c), whichever is applicable. If the court does
4not make that finding, the court shall order that the
child juvenile be discharged but
5proceedings may be brought regarding the
child juvenile under ch. 938.
Note: Replaces "child" with "juvenile" for consistency of references with language
of ch. 938.
AB378,215,118
970.032
(2) (c) That retaining jurisdiction is not necessary to deter the
child 9juvenile or other
children juveniles from committing the violation of which the
child 10juvenile is accused under the circumstances specified in s. 938.183 (1) (a), (am), (b)
11or (c), whichever is applicable.
Note: Replaces "child" and "children" with "juvenile" and "juveniles", respectively,
for consistency of references with language of ch. 938.
AB378,216,3
14970.035 (title)
Preliminary examination;
child juvenile younger than 16
15years old. Notwithstanding s. 970.03, if a preliminary examination under s. 970.03
16is held regarding a
child juvenile who was waived under s. 938.18 for a violation
17which is alleged to have occurred prior to his or her 15th birthday, the court may bind
18the
child juvenile over for trial only if there is probable cause to believe that a crime
19under s. 940.03, 940.06, 940.225 (1) or (2), 940.305, 940.31
or, 943.10 (2), 943.32 (2)
20or 961.41 (1) has been committed or that a crime that would constitute a felony under
21chs. 939 to 948 or 961 if committed by an adult has been committed at the request
22of or for the benefit of a criminal gang, as defined in s. 939.22 (9). If the court does
1not make any of those findings, the court shall order that the
child juvenile be
2discharged but proceedings may be brought regarding the
child juvenile under ch.
3938.
Note: Replaces "child" with "juvenile" for consistency of references with language
of ch. 938.
AB378,216,166
971.17
(1) Commitment period. When a defendant is found not guilty by reason
7of mental disease or mental defect, the court shall commit the person to the
8department of health and family services for a specified period not exceeding
9two-thirds of the maximum term of imprisonment that could be imposed under s.
10973.15 (2) (a) against an offender convicted of the same crime or crimes, including
11imprisonment authorized by ss. 346.65 (2) (f), (2j) (d) or (3m), 939.62, 939.621,
12939.63, 939.635, 939.64, 939.641, 939.645, 940.09 (1b)
and
, 940.25 (1b) and 961.48
13and other penalty enhancement statutes, as applicable, subject to the credit
14provisions of s. 973.155. If the maximum term of imprisonment is life, the
15commitment period specified by the court may be life, subject to termination under
16sub. (5).
Note: There is no conflict of substance.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
AB378,217,169
973.075
(1) (d) A tank vessel that violates s.
144.78 299.62 (2) that is owned by
10a person who, within 5 years before the commission of the current violation, was
11previously convicted of violating s.
144.78 299.62 (2), but if the tank vessel is
12encumbered by a
bonafide bona fide perfected security interest that was perfected
13before the date of the commission of the current violation and the holder of the
14security interest neither had knowledge of nor consented to the commission of that
15violation, the holder of the security interest shall be paid from the proceeds of the
16forfeiture.
Note: This bill renumbers s. 144.78 to s. 299.62. Corrects spelling.
AB378,217,2019
977.05
(6) (b) 1. The action is not brought by the state, its delegate under s.
2059.458 (1) 59.53 (6) (a) or an attorney appointed under s. 767.045 (1) (c).
Note: 1995 Wis. Act 201 renumbered s. 59.458 (1) to be s. 59.53 (6) (a) effective
9-1-96.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
Note: The wrong action phrase was used.
AB378,218,1311[
1995 Wisconsin Act 225] Section 551 (3) The treatment of sections 20.370 (7)
12(aa),
20.485 (2) (c), 111.02 (3) and 111.11 (1) (by
Section 378) of the statutes takes
13effect on July 1, 1997.
Note: The effective date for the treatment of this provision was intended to
correspond with the effective date of the treatment of that provision by
1995 Wis. Act 27,
which was January 1, 1997. This section and the next section of this bill replace the wrong
effective date with the correct one.
AB378,218,1615[
1995 Wisconsin Act 225] Section 551 (4) The treatment of section 20.485 (2)
16(c) of the statutes takes effect on January 1, 1997.
Note: See the note to the previous section of this bill.
AB378,219,418[
1995 Wisconsin Act 302] Section 54 (1)
Prohibited subjects of collective
19bargaining. The treatment of section 111.91 (2)
(k) (km), (L) and (m) of the statutes
1first applies to participants, who are affected by a collective bargaining agreement
2that contains provisions inconsistent with that treatment, on the day on which the
3collective bargaining agreement expires or is extended, modified or renewed,
4whichever occurs first.
Note: This bill renumbers s. 111.91 (2) (k) to s. 111.91 (2) (km).
Note: Inserts correct citation.
AB378, s. 605
7Section
605.
Effective dates. This act takes effect on the day after
8publication, except as follows: