AB969: Bill Text

AB969, s. 132 Section 132. 755.20 of the statutes, as affected by 1999 Wisconsin Acts 58 and 69, is renumbered 755.20 (1) and amended to read:

AB969,48,20 755.20 (1) If a municipal court finds in a forfeiture action that a person violated an ordinance that prohibits conduct that is the same as or similar to conduct prohibited by state statute punishable by fine or imprisonment, the municipal court may require the person to make a contribution not to exceed the maximum amount of the forfeiture that may be levied to an organization or agency specified in s. 973.06 (1) (f) 1. if the court determines that the violator has the financial ability to make the contribution.

AB969,49,6 (2) If the court does require a person to make a contribution to a crime prevention organization an organization or agency specified in s. 973.06 (1) (f) 1. but does not require the person to pay a forfeiture or court costs, the court shall state on the record the reasons why it is not requiring the person to pay the forfeiture or court costs. All contributions made under this section shall be made to the municipal court for distribution to the crime prevention organization or agency specified in s. 973.06 (1) (f) 1. The municipal court may not require a person to make a contribution under this section to a crime prevention organization an organization or agency specified in s. 973.06 (1) (f) 1. that has not complied with the provisions of s. 757.17.

Note: Renumbers provision to break up long section and to conform with the treatment of s. 973.06 (1) (f) by this bill. Conforms the language added by Act 58 with the terminology added to the statutes by Act 69. Section 973.06 (1) (f) is renumbered s. 973.06 (1) (f) 1. by this bill.

AB969, s. 133 Section 133. 757.17 (intro.) of the statutes, as created by 1999 Wisconsin Act 58, is amended to read:

AB969,49,15 757.17 Crime prevention organization reporting Reporting by certain organizations and agencies. (intro.) Every organization or agency specified in s. 973.06 (1) (f) 1. that receives contributions under s. 753.40, 755.20, 973.06 (1) (f) or 973.09 (1x) shall submit a report annually by February 1 to the clerk of the court that ordered the contribution. The report shall be on a form designed and provided by the director of state courts and shall include all of the following information for the calendar year preceding the submittal of the report:

Note: Conforms the language created by Act 58 with the terminology added to the statutes by Act 69.

AB969, s. 134 Section 134. 757.17 (5) of the statutes, as created by 1999 Wisconsin Act 58, is amended to read:

AB969,49,19 757.17 (5) The name of the organization or agency that received the contribution and the names of the officers of the organization or agency.

Note: Conforms the language created by Act 58 with the terminology added to the statutes by Act 69.

AB969, s. 135 Section 135. 778.027 of the statutes, as created by 1999 Wisconsin Act 58, is amended to read:

AB969,50,8 778.027 Dismissals for contributions to crime prevention certain organizations or agencies. A prosecutor or an attorney representing the state or a political subdivision of the state may not, in exchange for a person's payment of a contribution to a crime prevention organization an organization or agency specified in s. 973.06 (1) (f) 1., dismiss or amend a citation or complaint alleging a violation that provides for a forfeiture.

Note: Conforms the language created by Act 58 with the terminology added to the statutes by Act 69.

AB969, s. 136 Section 136. 801.095 (3) of the statutes, as affected by 1999 Wisconsin Act 32, is amended to read:

AB969,50,11 801.095 (3) No personal service; complaint served at the same time.

AB969,50,12 STATE OF WISCONSIN CIRCUIT COURT: .... COUNTY

AB969,50,14 A. B.

AB969,50,15 Address

AB969,50,17 City, State Zip Code File No. ....

AB969,50,18 , Plaintiff

AB969,50,19 vs. S U M M O N S

AB969,50,20 C. D.

AB969,50,21 Address .... (Case Classification Type): .... (Code No.)

AB969,50,22 City, State Zip Code

AB969,51,1 , Defendant

AB969,51,3 THE STATE OF WISCONSIN, To each person named above as a Defendant:

AB969,51,6 You are hereby notified that the Plaintiff named above has filed a lawsuit or other legal action against you. The complaint, which is also served upon you, states the nature and basis of the legal action.

AB969,51,12 Within 45 days after ...., .... (year), you must respond with a written answer, as that term is used in chapter 802 of the Wisconsin Statutes, to the complaint. The court may reject or disregard an answer that does not follow the requirements of the statutes. The answer must be sent or delivered to the court, whose address is ...., and to ...., Plaintiff's attorney, whose address is ..... You may have an attorney help or represent you.

AB969,51,18 If you do not provide a proper answer within 40 45 days, the court may grant judgment against you for the award of money or other legal action requested in the complaint, and you may lose your right to object to anything that is or may be incorrect in the complaint. A judgment may be enforced as provided by law. A judgment awarding money may become a lien against any real estate you own now or in the future, and may also be enforced by garnishment or seizure of property.

AB969,51,19 Dated: ...., .... (year)

AB969,51,20 Signed: .... ....

AB969,51,21 A. B., Plaintiff

AB969,51,22 or

AB969,51,23 E. F., Plaintiff's Attorney

AB969,51,24 State Bar Number No.: ....

AB969,51,25 Address: ....

AB969,52,1 City, State Zip Code: ....

AB969,52,2 Phone No.: ....

Note: The underscored language was deleted by 1999 Wis. Act 32 without being shown as stricken and the stricken language was inserted by Act 32 without being shown as underscored. The changes were unintended.

AB969, s. 137 Section 137. 814.70 (1) of the statutes, as affected by 1999 Wisconsin Act 71, is amended to read:

AB969,52,23 814.70 (1) Service of process. For each service or attempted service of a summons or any other process for commencement of an action, a writ, an order of injunction, a subpoena or any other order, $12 for each defendant or person. If there is more than one defendant or person to be served at a given address, $6 for each additional defendant or person. No fee charged under this subsection in any action commenced under s. 813.12, 813.122, or 813.123 may be collected from a petitioner under s. 813.12, 813.122, or 813.123. The fee charged under this subsection in any action commenced under s. 813.12, 813.122, 813.123 or 813.125 shall be collected from the respondent under s. 813.12, 813.122, or 813.123 if he or she is convicted of violating a temporary restraining order or injunction issued under s. 813.12 (3) or (4), 813.122 (4) or (5), 813.123 (4) or (5) or 813.125 (3) or (4). No fee charged under this subsection in any action commenced under s. 813.125 may be collected from a petitioner under s. 813.125 if the petition alleges conduct that is the same as or similar to conduct that is prohibited by s. 940.32 or that is listed in s. 813.12 (1) (a) 1. to 4. If no fee is collected under this subsection from a petitioner under s. 813.125, the fee charged under this subsection in any action commenced under s. 813.125 shall be collected from the respondent under s. 813.125 if he or she is convicted of violating a temporary restraining order or injunction issued under s. 813.125 (3) or (4).

Note: Inserts "or" in three places to correct grammar.

AB969, s. 138 Section 138. 814.70 (3) (intro.) of the statutes, as affected by 1999 Wisconsin Act 71, is amended to read:

AB969,53,13 814.70 (3) Travel; civil process. (intro.) For travel in serving any summons, writ or other process, except criminal warrants, and except that a fee under this subsection in any action commenced under s. 813.12, 813.122, or 813.123 may not be collected from a petitioner but shall be collected from the respondent if he or she is convicted of violating a temporary restraining order or injunction issued under s. 813.12 (3) or (4), 813.122 (4) or (5), 813.123 (4) or (5) or 813.125 (3) or (4), and except that a fee under this subsection in any action commenced under s. 813.125 may not be collected from a petitioner if the petition alleges conduct that is the same as or similar to conduct that is prohibited by s. 940.32 or that is listed in s. 813.12 (1) (a) 1. to 4. but shall be collected from the respondent if he or she is convicted of violating a temporary restraining order or injunction issued under s. 813.125 (3) or (4):

Note: Inserts "or" to correct grammar.

AB969, s. 139 Section 139. 815.05 (1g) (a) (intro.) of the statutes, as affected by 1999 Wisconsin Act 85, section 153, is amended to read:

AB969,53,22 815.05 (1g) (a) (intro.) The execution shall be issued from and sealed with the seal of the court and signed by the clerk of circuit court where the judgment, a certified copy of the judgment, or the transcript of the municipal judge's judgment is filed. The execution shall be directed to the sheriff, or, except as provided for in par. (b), to the coroner if the sheriff is a party or interested, and countersigned by the judgment owner or the owner's attorney. The execution shall intelligibly refer to the judgment, stating all of the following:

Note: The underscored comma was inserted by 1999 Wis. Act 85 without being shown as underscored. The change was intended. Also deletes a comma and adds "to" to improve readability.

AB969, s. 140 Section 140. The treatment of 895.48 (1m) (intro.) of the statutes by 1999 Wisconsin Acts 9 and 32 is not repealed by 1999 Wisconsin Act 56. All treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, effective 11-1-00, s. 895.48 (1m) (intro.) reads:

(1m) Any physician or athletic trainer licensed under ch. 448, chiropractor licensed under ch. 446, dentist licensed under ch. 447, emergency medical technician licensed under s. 146.50, first responder certified under s. 146.50 (8), physician assistant licensed under ch. 448, registered nurse licensed under ch. 441 or a massage therapist or bodyworker issued a license of registration under subch. XI of ch. 440 who renders voluntary health care to a participant in an athletic event or contest sponsored by a nonprofit corporation, as defined in s. 46.93 (1m) (c), a private school, as defined in s. 115.001 (3r), a public agency, as defined in s. 46.93 (1m) (e), or a school, as defined in s. 609.655 (1) (c), is immune from civil liability for his or her acts or omissions in rendering that care if all of the following conditions exist:

AB969, s. 141 Section 141. The treatment of 895.48 (1m) (b) of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act 56. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, effective 11-1-00, s. 895.48 (1m) (b) reads:

(b) The physician, athletic trainer, chiropractor, dentist, emergency medical technician, first responder, physician assistant, registered nurse, massage therapist or bodyworker does not receive compensation for the health care, other than reimbursement for expenses.

AB969, s. 142 Section 142. The treatment of 938.51 (1m) of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act 32. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 938.51 (1m) reads:

(1m) The department or county department having supervision over a juvenile described in sub. (1) shall determine the local agencies that it will notify under sub. (1) (a) based on the residence of the juvenile's parents or on the juvenile's intended residence specified in the juvenile's aftercare supervision plan or, if those methods do not indicate the community in which the juvenile will reside following release from a secured correctional facility, a secured child caring institution or a secured group home or from the supervision of the department or county department, the community in which the juvenile states that he or she intends to reside.

AB969, s. 143 Section 143. The treatment of 939.635 (1) of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act .... (Senate Bill 110). Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 939.635 (1) reads:

(1) Except as provided in sub. (2), if a person who has been adjudicated delinquent is convicted of violating s. 940.20 (1) while placed in a secured correctional facility, as defined in s. 938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), or is convicted of violating s. 940.20 (2m), the court shall sentence the person to not less than 3 years of imprisonment. Except as provided in sub. (2), if a person is convicted of violating s. 946.43 (1m) while placed in a secured correctional facility, as defined in s. 938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), the court shall sentence the person to not less than 5 years of imprisonment.

AB969, s. 144 Section 144. The treatment of 939.635 (2) (b) of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act .... (Senate Bill 110). Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 939.635 (2) (b) reads:

(b) That imposing the applicable presumptive minimum sentence specified in sub. (1) is not necessary to deter the person or other persons from committing violations of s. 940.20 (1) or 946.43 (1m) or other similar offenses while placed in a secured correctional facility, as defined in s. 938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), or from committing violations of s. 940.20 (2m).

AB969, s. 145 Section 145. 940.25 (1d) (a) of the statutes, as created by 1999 Wisconsin Act .... (Senate Bill 125), is amended to read:

AB969,56,2 940.25 (1d) (a) If a person who committed an offense under sub. (1) (a), (b), (c) or (d) has one or more prior convictions, suspensions or revocations, counting convictions under this section and s. 940.09 (1) in the person's lifetime plus other convictions, suspensions or revocations counted under s. 343.307 (1), the procedure under s. 343.301 shall be followed if the court orders the the equipping of a motor vehicle owned by the person with an ignition interlock device or the immobilization of the motor vehicle.

Note: Deletes repeated "the".

AB969, s. 146 Section 146. 943.206 (2) of the statutes, as affected by 1999 Wisconsin Act 51, section 5, is amended to read:

AB969,56,6 943.206 (2) "Owner" means the person who owns sounds in or on a recording from which the transferred recorded sounds are directly or indirectly derived.

Note: The underscored language was deleted by 1999 Wis. Act 51 without being shown as stricken. No change was intended.

AB969, s. 147 Section 147. 967.057 of the statutes, as created by 1999 Wisconsin Act 58, is amended to read:

AB969,56,13 967.057 Dismissals for contributions to crime prevention certain organizations and agencies. A prosecutor may not, in exchange for a person's payment of a contribution to a crime prevention organization an organization or agency specified in s. 973.06 (1) (f) 1., dismiss or amend a charge alleging a criminal offense.

Note: Conforms the language added by Act 58 with the terminology added to the statutes by Act 69.

AB969, s. 148 Section 148. 973.06 (1) (f) of the statutes, as affected by 1999 Wisconsin Act 58 and 1999 Wisconsin Act 69, section 3, is amended to read:

AB969,56,18 973.06 (1) (f) 1. An amount determined by the court to make a reasonable contribution to any of the following, if the court determines that the person has the financial ability to make the contribution and the contribution is appropriate:

AB969,57,5 2. If the court does require a person to make a contribution to a crime prevention organization an organization or agency specified in subd. 1. but does not require the person to pay any fine that may be imposed for the offense or court costs, the court shall state on the record the reasons why it is not requiring the person to pay the fine or court costs. All contributions made under this paragraph shall be made to the clerk of circuit court for distribution to the crime prevention organization or agency specified in subd. 1. The court may not order a person to make a contribution under this paragraph to a crime prevention organization that has not complied with the provisions of s. 757.17.

Note: Renumbers provision to accommodate the treatments by 1999 Wis. Acts 58 and 69 and conforms the language added by Act 58 with the terminology added to the statutes by Act 69.

AB969, s. 149 Section 149. 973.06 (1) (f) 1. and 2. of the statutes, as created by 1999 Wisconsin Act 69, are renumbered 973.06 (1) (f) 1. a. and b.

Note: Renumbers provision to accommodate the treatments by 1999 Wisconsin Acts 58 and 69.

AB969, s. 150 Section 150. 973.075 (5) (intro.) of the statutes, as affected by 1999 Wisconsin Acts 45 and 51, is amended to read:

AB969,57,19 973.075 (5) (intro.) All forfeitures under ss. 973.075 to 973.077 shall be made with due provision for the rights of innocent persons under sub. (1) (b) 2m., (bg), (bm) and, (d) and (e). Except as provided in sub. (5m), any property seized but not forfeited shall be returned to its rightful owner. Any person claiming the right to possession of property seized may apply for its return to the circuit court for the county in which the property was seized. The court shall order such notice as it deems adequate to be given the district attorney and all persons who have or may have an interest in the property and shall hold a hearing to hear all claims to its true ownership. If the right to possession is proved to the court's satisfaction, it shall order the property returned if:

Note: Replaces "and" with a comma to correct grammar.

AB969, s. 151 Section 151. 973.09 (1x) of the statutes, as affected by 1999 Wisconsin Acts 58 and 69, is renumbered 973.09 (1x) (a) and amended to read:

AB969,58,4 973.09 (1x) (a) If the court places a person on probation, the court may require that the probationer make a contribution to an organization or agency specified in s. 973.06 (1) (f) 1. if the court determines that the probationer has the financial ability to make the contribution.

AB969,58,14 (b) If the court does require a person to make a contribution to a crime prevention organization an organization or agency specified in s. 973.06 (1) (f) 1. but does not require the person to pay any fine that may be imposed for the offense or court costs, the court shall state on the record the reasons why it is not requiring the person to pay the fine or court costs. All contributions made under this subsection shall be made to the clerk of circuit court for distribution to the crime prevention organization or agency specified in s. 973.06 (1) (f) 1. The court may not require a person to make a contribution under this subsection to a crime prevention organization an organization or agency specified in s. 973.06 (1) (f) 1. that has not complied with the provisions of s. 757.17.

Note: Renumbers provision to break up long subsection and to conform with the treatment of s. 973.06 (1) (f) by this bill. Conforms the language added by Act 58 with the terminology added to the statutes by Act 69. Section 973.06 (1) (f) is renumbered s. 973.06 (1) (f) 1. by this bill.

AB969, s. 152 Section 152. 1999 Wisconsin Act .... (Assembly Bill 114), section 2 is amended by replacing "36.27 (3m) (b) of the statutes is amended to read:" with "36.27 (3m) (b) 1. and 2. of the statutes are amended to read:"