AB378: Bill Text

Note: There is no conflict of substance.

AB378, s. 579 Section 579. 946.42 (1) (c) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

AB378,213,3 946.42 (1) (c) "Legal arrest" includes without limitation an arrest pursuant to process fair on its face notwithstanding insubstantial irregularities and also includes taking a child juvenile into custody under s. 938.19.

Note: Replaces "child" with "juvenile" for consistency of references with language of ch. 938.

AB378, s. 580 Section 580. The amendments of 946.82 (4) of the statutes by 1995 Wisconsin Acts 249 and 336 are not repealed by 1995 Wisconsin Act 448. All amendments stand.

Note: There is no conflict of substance.

AB378, s. 581 Section 581. 948.22 (4) (b) of the statutes, as affected by 1995 Wisconsin Act 289, is amended to read:

AB378,213,15 948.22 (4) (b) For a person not subject to a court order requiring child, grandchild or spousal support payments, when the person knows or reasonably should have known that he or she has a dependent, failure to provide support equal to at least the amount established by rule by the department of health and family services workforce development under s. 46.25 49.22 (9) (a) or causing a spouse, grandchild or child to become a dependent person, or continue to be a dependent person, 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.

AB378, s. 582 Section 582. The amendment of 949.03 (1) (b) of the statutes by 1995 Wisconsin Act 374 is not repealed by 1995 Wisconsin Act 456. Both amendments stand.

Note: There is no conflict of substance.

AB378, s. 583 Section 583. 950.02 (1m) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

AB378,214,4 950.02 (1m) "Crime" means an act committed in this state which, if committed by a competent adult, would constitute a crime, as defined in s. 939.12, or which, if committed by a responsible child juvenile, would constitute a delinquent act under ch. 938.

Note: Replaces "child" with "juvenile" for consistency of references with language of ch. 938.

AB378, s. 584 Section 584. The treatment of 961.48 (2) of the statutes, as renumbered, by 1995 Wisconsin Act 402, section 2, is not repealed by 1995 Wisconsin Act 448, section 288. Both treatments stand.

Note: There is no conflict of substance. This provision is renumbered to s. 961.48 (2) by 1995 Wis. Act 448.

AB378, s. 585 Section 585. 968.255 (1) (a) 3. of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

AB378,214,12 968.255 (1) (a) 3. Taken into custody under s. 938.19 and there are reasonable grounds to believe the child juvenile has committed an act which if committed by an adult 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 Section 586. 968.50 of the statutes, as affected by 1996 Supreme Court Order 96-08, 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, s. 587 Section 587. 970.032 (title) and (1) of the statutes, as affected by 1995 Wisconsin Act 77, are amended to read:

AB378,215,5 970.032 (title) Preliminary examination; child juvenile under original adult court jurisdiction. (1) Notwithstanding s. 970.03, if a preliminary examination is held regarding a child juvenile who is subject to the original jurisdiction of the court of criminal jurisdiction under s. 938.183 (1), the court shall first determine whether there is probable cause to believe that the child juvenile has committed the violation of which he or she is accused under the circumstances specified in s. 938.183 (1) (a), (am), (b) or (c), whichever is applicable. If the court does not make that finding, the court shall order that the child juvenile be discharged but proceedings 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, s. 588 Section 588. 970.032 (2) (c) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

AB378,215,11 970.032 (2) (c) That retaining jurisdiction is not necessary to deter the child juvenile or other children juveniles from committing the violation of which the child juvenile is accused under the circumstances specified in s. 938.183 (1) (a), (am), (b) or (c), whichever is applicable.

Note: Replaces "child" and "children" with "juvenile" and "juveniles", respectively, for consistency of references with language of ch. 938.

AB378, s. 589 Section 589. 970.035 of the statutes, as affected by 1995 Wisconsin Act 448, section 502, is amended to read:

AB378,216,3 970.035 (title) Preliminary examination; child juvenile younger than 16 years old. Notwithstanding s. 970.03, if a preliminary examination under s. 970.03 is held regarding a child juvenile who was waived under s. 938.18 for a violation which is alleged to have occurred prior to his or her 15th birthday, the court may bind the child juvenile over for trial only if there is probable cause to believe that a crime under s. 940.03, 940.06, 940.225 (1) or (2), 940.305, 940.31 or, 943.10 (2), 943.32 (2) or 961.41 (1) has been committed or that a crime that would constitute a felony under chs. 939 to 948 or 961 if committed by an adult has been committed at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9). If the court does not make any of those findings, the court shall order that the child juvenile be discharged but proceedings 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, s. 590 Section 590. 971.17 (1) of the statutes, as affected by 1995 Wisconsin Act 27, section 9126 (19), and 1995 Wisconsin Acts 425 and 448, is amended to read:

AB378,216,16 971.17 (1) Commitment period. When a defendant is found not guilty by reason of mental disease or mental defect, the court shall commit the person to the department of health and family services for a specified period not exceeding two-thirds of the maximum term of imprisonment that could be imposed under s. 973.15 (2) (a) against an offender convicted of the same crime or crimes, including imprisonment authorized by ss. 346.65 (2) (f), (2j) (d) or (3m), 939.62, 939.621, 939.63, 939.635, 939.64, 939.641, 939.645, 940.09 (1b) and , 940.25 (1b) and 961.48 and other penalty enhancement statutes, as applicable, subject to the credit provisions of s. 973.155. If the maximum term of imprisonment is life, the commitment period specified by the court may be life, subject to termination under sub. (5).

Note: Reconciles the treatment of this provision by 1995 Wis. Acts 425 and 448.

AB378, s. 591 Section 591. The amendment of 971.37 (1m) (a) 2. of the statutes by 1995 Wisconsin Act 343 is not repealed by 1995 Wisconsin Act 353. Both amendments stand.

Note: There is no conflict of substance.

AB378, s. 592 Section 592. The amendment of 972.085 of the statutes by 1995 Wisconsin Act 225 is not repealed by 1995 Wisconsin Act 400. Both amendments stand.

Note: There is no conflict of substance.

AB378, s. 593 Section 593. The amendments of 973.05 (1) of the statutes by 1995 Wisconsin Acts 227 and 438 is not repealed by 1995 Wisconsin Act 448. Both amendments stand.

Note: There is no conflict of substance.

AB378, s. 594 Section 594. The amendment of 973.055 (1) (a) 1. of the statutes by 1995 Wisconsin Act 343 is not repealed by 1995 Wisconsin Act 353. Both amendments stand.

Note: There is no conflict of substance.

AB378, s. 595 Section 595. 973.075 (1) (d) of the statutes, as created by 1995 Wisconsin Act 290, is amended to read:

AB378,217,16 973.075 (1) (d) A tank vessel that violates s. 144.78 299.62 (2) that is owned by a person who, within 5 years before the commission of the current violation, was previously convicted of violating s. 144.78 299.62 (2), but if the tank vessel is encumbered by a bonafide bona fide perfected security interest that was perfected before the date of the commission of the current violation and the holder of the security interest neither had knowledge of nor consented to the commission of that violation, the holder of the security interest shall be paid from the proceeds of the forfeiture.

Note: This bill renumbers s. 144.78 to s. 299.62. Corrects spelling.

AB378, s. 596 Section 596. 977.05 (6) (b) 1. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

AB378,217,20 977.05 (6) (b) 1. The action is not brought by the state, its delegate under s. 59.458 (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.

AB378, s. 597 Section 597. The amendment of 977.076 (2) of the statutes by 1995 Wisconsin Act 352 is not repealed by 1995 Wisconsin Act 417. Both amendments stand.

Note: There is no conflict of substance.

AB378, s. 598 Section 598. The amendment of 978.05 (6) (a) of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 448. Both amendments stand.

Note: There is no conflict of substance.

AB378, s. 599 Section 599. The amendment of 978.06 (6) of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 404. Both amendments stand.

Note: There is no conflict of substance.

AB378, s. 600 Section 600. 1995 Wisconsin Act 225, section 270 is amended by replacing "is renumbered" with "is amended".

Note: The wrong action phrase was used.

AB378, s. 601 Section 601. 1995 Wisconsin Act 225, section 551 (3) is amended to read:

AB378,218,13 [1995 Wisconsin Act 225] Section 551 (3) The treatment of sections 20.370 (7) (aa), 20.485 (2) (c), 111.02 (3) and 111.11 (1) (by Section 378) of the statutes takes effect 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, s. 602 Section 602. 1995 Wisconsin Act 225, section 551 (4) is created to read:

AB378,218,16 [1995 Wisconsin Act 225] Section 551 (4) The treatment of section 20.485 (2) (c) of the statutes takes effect on January 1, 1997.

Note: See the note to the previous section of this bill.

AB378, s. 603 Section 603. 1995 Wisconsin Act 302, section 54 (1) is amended to read:

AB378,219,4 [1995 Wisconsin Act 302] Section 54 (1) Prohibited subjects of collective bargaining. The treatment of section 111.91 (2) (k) (km), (L) and (m) of the statutes first applies to participants, who are affected by a collective bargaining agreement that contains provisions inconsistent with that treatment, on the day on which the collective bargaining agreement expires or is extended, modified or renewed, whichever occurs first.

Note: This bill renumbers s. 111.91 (2) (k) to s. 111.91 (2) (km).

AB378, s. 604 Section 604. 1995 Wisconsin Act 352, section 53, is amended by replacing "895.034 (2m) (b)" with"895.035 (2m) (b)".

Note: Inserts correct citation.

AB378, s. 605 Section 605. Effective dates. This act takes effect on the day after publication, except as follows:

AB378,219,11 (1) The treatment of section 51.15 (1) (a) (intro.) (by Section 141), (4) (a) (by Section 144) and (5) (by Section 147 ) of the statutes and the repeal and recreation of section 51.20 (7) (d) of the statutes take effect on December 1, 2001.

AB378,219,13 (2) The treatment of sections 48.57 (3p) (g) 3. and 349.135 of the statutes takes effect on July 1, 1997.

AB378,219,15 (3) The treatment of section 76.28 (4) (intro.) of the statutes takes effect on May 1, 1998.

AB378,219,16 (End)