AB133-SSA1-SA1,460,2111
800.09
(1) (c) The court may suspend the defendant's operating privilege, as
12defined in s. 340.01 (40), until restitution is made and the forfeiture, assessments
13and costs are paid, if the defendant has not done so within 60 days after the date the
14restitution or payments or both are to be made under par. (a) and has not notified the
15court that he or she is unable to comply with the judgment, as provided under s.
16800.095 (4) (a), except that the suspension period may not exceed 5 years. The court
17shall take possession of the suspended license and shall forward the license, along
18with a notice of the suspension clearly stating that the suspension is for failure to
19comply with a judgment of the court, to the department of transportation.
This
20paragraph does not apply if the forfeiture is assessed for violation of an ordinance
21that is unrelated to the violator's operation of a motor vehicle.".
AB133-SSA1-SA1,461,5
1800.095
(4) (b) 4. That the defendant's operating privilege, as defined in s.
2340.01 (40), be suspended until the judgment is complied with, except that the
3suspension period may not exceed 5 years.
This subdivision does not apply if the
4forfeiture is assessed for violation of an ordinance that is unrelated to the violator's
5operation of a motor vehicle.".
AB133-SSA1-SA1,461,98
802.12
(3) (d) 1. Custody and physical placement under s. 767.24, 767.458 (3),
9767.51 (3) or 767.62 (4)
(a).
AB133-SSA1-SA1,461,1211
802.12
(3) (d) 3. Child support under s. 767.25, 767.458 (3), 767.51 or 767.62
12(4)
(a).".
AB133-SSA1-SA1,461,1615
808.075
(4) (d) 11. Enforcement or modification of assignments under s. 767.25
16(4m)
, or 767.265
, 767.51 (3m) or 767.62 (4) (b) 3.".
AB133-SSA1-SA1,461,2019
814.245
(2) (d) "State agency" does not include the
consumer privacy advocate
20or citizens utility board.".
AB133-SSA1-SA1,461,2423
814.245
(2) (d) "State agency" does not include the
public intervenor or citizens
24utility board.".
AB133-SSA1-SA1,462,4
3895.505 Disposal of records containing personal information. (1) 4Definitions. In this section:
AB133-SSA1-SA1,462,55
(a) "Credit card" has the meaning given in s. 421.301 (15).
AB133-SSA1-SA1,462,96
(b) "Financial institution" means any bank, savings bank, savings and loan
7association or credit union that is authorized to do business under state or federal
8laws relating to financial institutions, any issuer of a credit card or any investment
9company.
AB133-SSA1-SA1,462,1010
(c) "Investment company" has the meaning given in s. 180.0103 (11e).
AB133-SSA1-SA1,462,1511
(d) "Medical business" means any organization or enterprise operated for profit
12or not for profit, including a sole proprietorship, partnership, firm, business trust,
13joint venture, syndicate, corporation, limited liability company or association, that
14possesses information, other than personnel records, relating to a person's physical
15or mental health, medical history or medical treatment.
AB133-SSA1-SA1,462,1616
(e) "Personal information" means any of the following:
AB133-SSA1-SA1,462,1817
1. Personally identifiable data about an individual's medical condition, if the
18data are not generally considered to be public knowledge.
AB133-SSA1-SA1,462,2119
2. Personally identifiable data that contain an individual's account or customer
20number, account balance, balance owing, credit balance or credit limit, if the data
21relate to an individual's account or transaction with a financial institution.
AB133-SSA1-SA1,462,2322
3. Personally identifiable data provided by an individual to a financial
23institution upon opening an account or applying for a loan or credit.
AB133-SSA1-SA1,463,2
14. Personally identifiable data about an individual's insurance, if the insurance
2is related to a transaction with a financial institution.
AB133-SSA1-SA1,463,43
5. Personally identifiable data about an individual's federal, state or local tax
4filings.
AB133-SSA1-SA1,463,65
(f) "Personally identifiable" means capable of being associated with a particular
6individual through one or more identifiers or other information or circumstances.
AB133-SSA1-SA1,463,97
(g) "Record" means any material on which written, drawn, printed, spoken,
8visual or electromagnetic information is recorded or preserved, regardless of
9physical form or characteristics.
AB133-SSA1-SA1,463,1410
(h) "Tax preparation business" means any organization or enterprise operated
11for profit, including a sole proprietorship, partnership, firm, business trust, joint
12venture, syndicate, corporation, limited liability company or association, that
13prepares a person's federal, state or local tax filings or counsels a person regarding
14the person's federal, state or local tax filings.
AB133-SSA1-SA1,463,19
15(2) Disposal of records containing personal information. A financial
16institution, medical business or tax preparation business may not dispose of a record
17containing personal information unless the financial institution, medical business,
18tax preparation business or other person under contract with the financial
19institution, medical business or tax preparation business does any of the following:
AB133-SSA1-SA1,463,2020
(a) Shreds the record before the disposal of the record.
AB133-SSA1-SA1,463,2221
(b) Erases the personal information contained in the record before the disposal
22of the record.
AB133-SSA1-SA1,463,2423
(c) Modifies the record to make the personal information unreadable before the
24disposal of the record.
AB133-SSA1-SA1,464,3
1(d) Takes actions that it reasonably believes will ensure that no unauthorized
2person will have access to the personal information contained in the record for the
3period between the record's disposal and the record's destruction.
AB133-SSA1-SA1,464,7
4(3) Cause of action. A financial institution, medical business or tax
5preparation business is liable to a person whose personal information is improperly
6disposed of in violation of sub. (2) for the amount of damages resulting from the
7violation.".
AB133-SSA1-SA1,464,1910
880.155
(2) If one or both parents of a minor child are deceased and the child
11is in the custody of the surviving parent or any other person, a grandparent or
12stepparent of the child may petition for visitation privileges with respect to the child,
13whether or not the person with custody is married. The grandparent or stepparent
14may file the petition in a guardianship or temporary guardianship proceeding under
15this chapter that affects the minor child or may file the petition to commence an
16independent action under this chapter.
The Except as provided in sub. (3m), the 17court may grant reasonable visitation privileges to the grandparent or stepparent if
18the surviving parent or other person who has custody of the child has notice of the
19hearing and if the court determines that visitation is in the best interest of the child.
AB133-SSA1-SA1,465,221
880.155
(3m) (a) Except as provided in par. (b), the court may not grant
22visitation privileges to a grandparent or stepparent under this section if the
23grandparent or stepparent has been convicted under s. 940.01 of the first-degree
1intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of
2a parent of the child, and the conviction has not been reversed, set aside or vacated.
AB133-SSA1-SA1,465,53
(b) Paragraph (a) does not apply if the court determines by clear and convincing
4evidence that the visitation would be in the best interests of the child. The court shall
5consider the wishes of the child in making the determination.
AB133-SSA1-SA1,465,147
880.155
(4m) (a) If a grandparent or stepparent granted visitation privileges
8with respect to a child under this section is convicted under s. 940.01 of the
9first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional
10homicide, of a parent of the child, and the conviction has not been reversed, set aside
11or vacated, the court shall modify the visitation order by denying visitation with the
12child upon petition, motion or order to show cause by a person having custody of the
13child, or upon the court's own motion, and upon notice to the grandparent or
14stepparent granted visitation privileges.
AB133-SSA1-SA1,465,1715
(b) Paragraph (a) does not apply if the court determines by clear and convincing
16evidence that the visitation would be in the best interests of the child. The court shall
17consider the wishes of the child in making the determination.
AB133-SSA1-SA1,465,25
19880.157 Prohibiting visitation or physical placement if a parent kills
20other parent. (1) Except as provided in sub. (2), in an action under this chapter
21that affects a minor child, a court may not grant to a parent of the child visitation or
22physical placement rights with the child if the parent has been convicted under s.
23940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree
24intentional homicide, of the child's other parent, and the conviction has not been
25reversed, set aside or vacated.
AB133-SSA1-SA1,466,4
1(2) Subsection (1) does not apply if the court determines by clear and
2convincing evidence that visitation or periods of physical placement would be in the
3best interests of the child. The court shall consider the wishes of the child in making
4the determination.".
AB133-SSA1-SA1,466,147
908.03
(6m) (d)
Fees. The department of health and family services shall, by
8rule, prescribe uniform fees
that are based on an approximation of
the actual costs
9that are incurred by a health care provider in providing certified duplicate patient
10health care records. The fees are the maximum amount that a health care provider
11may charge
under par. (c) 3. for certified duplicate
patient health care records. The
12rule shall also
allow specify that the health care provider
to may charge
fees for
13actual postage or other
actual delivery costs.
The commencement of an action is not
14a prerequisite for the application of this paragraph.".
AB133-SSA1-SA1,466,2317
938.09
(2) By the district attorney or, if designated by the county board of
18supervisors, by the corporation counsel, in any matter concerning a civil law
19violation arising under s. 938.125. If the county board transfers this authority to or
20from the district attorney on or after May 11, 1990, the board may do so only if the
21action is effective on September 1 of an odd-numbered year and the board notifies
22the department of
administration justice of that change by January 1 of that
23odd-numbered year.
AB133-SSA1-SA1,467,6
1938.09
(5) By the district attorney or, if designated by the county board of
2supervisors, by the corporation counsel, in any matter arising under s. 938.13. If the
3county board transfers this authority to or from the district attorney on or after
4May 11, 1990, the board may do so only if the action is effective on September 1 of
5an odd-numbered year and the board notifies the department of
administration 6justice of that change by January 1 of that odd-numbered year.".
AB133-SSA1-SA1,468,39
938.20
(8) If a juvenile is held in custody, the intake worker shall notify the
10juvenile's parent, guardian and legal custodian of the reasons for holding the juvenile
11in custody and of the juvenile's whereabouts unless there is reason to believe that
12notice would present imminent danger to the juvenile. If a juvenile who has violated
13the terms of aftercare supervision administered by the department or a county
14department is held in custody, the intake worker shall also notify the department or
15county department, whichever has supervision over the juvenile, of the reasons for
16holding the juvenile in custody, of the juvenile's whereabouts and of the time and
17place of the detention hearing required under s. 938.21. The parent, guardian and
18legal custodian shall also be notified of the time and place of the detention hearing
19required under s. 938.21, the nature and possible consequences of that hearing
, the
20right to counsel under s. 938.23 regardless of ability to pay and the right to present
21and cross-examine witnesses at the hearing. If the parent, guardian or legal
22custodian is not immediately available, the intake worker or another person
23designated by the court shall provide notice as soon as possible. When the juvenile
24is alleged to have committed a delinquent act, the juvenile shall receive the same
1notice about the detention hearing as the parent, guardian or legal custodian. The
2intake worker shall notify both the juvenile and the juvenile's parent, guardian or
3legal custodian.
AB133-SSA1-SA1,468,105
938.21
(3) (d) Prior to the commencement of the hearing, the parent, guardian
6or legal custodian shall be informed by the court of the allegations that have been
7made or may be made, the nature and possible consequences of this hearing as
8compared to possible future hearings,
the right to counsel under s. 938.23 regardless
9of ability to pay, the right to confront and cross-examine witnesses and the right to
10present witnesses.
AB133-SSA1-SA1,468,1412
938.23
(2) (a) Whenever a juvenile is alleged to be in need of protection or
13services under s. 938.13, any parent under 18 years of age who appears before the
14court shall be represented by counsel; but no such parent may waive counsel.
AB133-SSA1-SA1,468,2315
(b) If a petition under s. 938.13 is contested, no juvenile may be placed outside
16his or her home unless the nonpetitioning parent is represented by counsel at the
17fact-finding hearing and subsequent proceedings. If the petition is not contested,
18the juvenile may not be placed outside his or her home unless the nonpetitioning
19parent is represented by counsel at the hearing at which the placement is made. A
20parent who is required under this paragraph to be represented by counsel may,
21however, waive counsel if the court is satisfied that such waiver is knowingly and
22voluntarily made, and the court may place the juvenile outside the home even though
23the parent was not represented by counsel.
AB133-SSA1-SA1,469,5
1938.23
(3) Power of the court to appoint counsel. Except in proceedings
2under s. 938.13, at At any time, upon request or on its own motion, the court may
3appoint counsel for the juvenile or any party, unless the juvenile or the party has or
4wishes to retain counsel of his or her own choosing.
The court may not appoint
5counsel for any party other than the juvenile in a proceeding under s. 938.13.
AB133-SSA1-SA1,469,227
938.23
(4) Providing counsel. In any situation under this section in which a
8person juvenile has a right to be represented by counsel or is provided counsel at the
9discretion of the court and counsel is not knowingly and voluntarily waived, the court
10shall refer the
person juvenile to the state public defender and counsel shall be
11appointed by the state public defender under s. 977.08 without a determination of
12indigency.
In any situation under sub. (2) in which a parent 18 years of age or older
13is entitled to representation by counsel; counsel is not knowingly and voluntarily
14waived; and it appears that the parent is unable to afford counsel in full, or the parent
15so indicates; the court shall refer the parent to the authority for indigency
16determinations specified in s. 977.07 (1). In any other situation under this section
17in which a person has a right to be represented by counsel or is provided counsel at
18the discretion of the court, competent and independent counsel shall be provided and
19reimbursed in any manner suitable to the court regardless of the person's ability to
20pay, except that the court may not order a person who files a petition under s. 813.122
21or 813.125 to reimburse counsel for the juvenile who is named as the respondent in
22that petition.".
AB133-SSA1-SA1,470,8
1938.207
(1) (a) The home of a parent or guardian
, except that a juvenile may
2not be held in the home of a parent or guardian if the parent or guardian has been
3convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05
4of the 2nd-degree intentional homicide, of a parent of the juvenile, and the conviction
5has not been reversed, set aside or vacated, unless the person making the custody
6decision determines by clear and convincing evidence that the placement would be
7in the best interests of the juvenile. The person making the custody decision shall
8consider the wishes of the juvenile in making that determination.
AB133-SSA1-SA1,470,1710
938.207
(1) (b) The home of a relative
, except that a juvenile may not be held
11in the home of a relative if the relative has been convicted under s. 940.01 of the
12first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional
13homicide, of a parent of the juvenile, and the conviction has not been reversed, set
14aside or vacated, unless the person making the custody decision determines by clear
15and convincing evidence that the placement would be in the best interests of the
16juvenile. The person making the custody decision shall consider the wishes of the
17juvenile in making that determination.".
AB133-SSA1-SA1,471,1120
938.17
(2) (d) If a municipal court finds that the juvenile violated a municipal
21ordinance other than an ordinance enacted under s. 118.163 or an ordinance that
22conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 961.573 (2), 961.574 (2)
23or 961.575 (2), the court shall enter any of the dispositional orders permitted under
24s. 938.343 that are authorized under par. (cm). If a juvenile fails to pay the forfeiture
1imposed by the municipal court, the court may not impose a jail sentence but may
2suspend any license issued under ch. 29 for not less than 30 days nor more than 5
3years, or
, unless the forfeiture was imposed for violating an ordinance unrelated to
4the juvenile's operation of a motor vehicle, may suspend the juvenile's operating
5privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than 5 years.
6If a court suspends a license or privilege under this section, the court shall
7immediately take possession of the applicable license and forward it to the
8department that issued the license, together with the notice of suspension clearly
9stating that the suspension is for failure to pay a forfeiture imposed by the court. If
10the forfeiture is paid during the period of suspension, the court shall immediately
11notify the department, which shall thereupon return the license to the person.".
AB133-SSA1-SA1,471,1414
938.243
(1) (e) The right
of the juvenile to counsel under s. 938.23.".
AB133-SSA1-SA1,471,1817
938.27
(4) (b) Advise the juvenile
and any other party, if applicable, of his or
18her right to legal counsel regardless of ability to pay.".
