Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
1997 Wis. Act
80 also created a provision numbered s. 938.396 (2) (g).
SB146, s. 377
3Section
377. 938.396 (2) (i) of the statutes is amended to read:
SB146,116,134
938.396
(2) (i) Upon request of the court assigned to exercise probate
5jurisdiction, the attorney general, the personal representative or special
6administrator of, or an attorney performing services for, the estate of a decedent in
7any proceeding under chs. 851 to 879, a person interested,
a as defined in s. 851.21,
8or an attorney, attorney-in-fact, guardian ad litem or guardian of the estate of a
9person interested to review court records for the purpose of s.
852.01 (2m) (bg) 854.14
10(5) (b), the court assigned to exercise jurisdiction under this chapter and ch. 48 shall
11open for inspection by any authorized representative of the requester the records of
12the court relating to any juvenile who has been adjudged delinquent on the basis of
13unlawfully and intentionally killing a person.
Note: Section 852.01 (2m) was repealed and recreated by
1997 Wis. Act 188. It no
longer contains par. (bg). The subject matter of the former s. 852.01 (2m) (bg) relating
to the heirship of a juvenile adjudicated delinquent for intentionally killing a person is
now located at s. 854.14 (5) (b), as created by
1997 Wis. Act 188.
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.
SB146,117,65
938.51
(1) (c) (intro.) Subject to par. (cm), notify
an adult relative of the victim
6of the juvenile's release if all of the following apply:
SB146,117,169
938.51
(1m) The department or county department having supervision over a
10juvenile described in sub. (1) shall determine the local agencies that it will notify
11under sub. (1) (a) based on the residence of the juvenile's parents or on the juvenile's
12intended residence specified in the juvenile's aftercare supervision plan or, if those
13methods do not indicate the community in which the juvenile will reside following
14release from a secured correctional facility
or, from a secured child caring institution
15or from the supervision of the department or county department, the community in
16which the juvenile states that he or she intends to reside.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
SB146,118,63
938.51
(4) (a) Any known victim of the act for which the juvenile was found
4delinquent or to be in need of protection or services, if the criteria under sub. (1) (b)
5are met
; an adult relative of the victim
, if the criteria under sub. (1) (c)
are met; or
6the victim's parent or guardian, if the criteria under sub. (1) (cm)
are met.
Note: There is no conflict of substance. Section 939.62 (2m) (a) 2. was renumbered
to be s. 939.62 (2m) (a) 2m. b. by
1997 Wis. Act 326.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
SB146, s. 390
15Section
390. 940.25 (1b) of the statutes is amended to read:
SB146,118,1916
940.25
(1b) If there was a minor passenger under 16 years of age
or an unborn
17child in the motor vehicle at the time of the violation that gave rise to the conviction
18under sub. (1), any applicable maximum fine or imprisonment specified for the
19conviction is doubled.
Note: The underscored language was inadvertently not included in the printed
1997-98 Wisconsin Statutes.
Note: There is no conflict of substance.
SB146,119,95
940.25
(2) The defendant has a defense if he or she proves by a preponderance
6of the evidence that the great bodily harm would have occurred even if he or she had
7been exercising due care and he or she had not been under the influence of an
8intoxicant or did not have an alcohol concentration described under sub. (1)
, or (b), 9(bm), (d) or (e).
Note: The treatment by
1997 Wis. Act 295 resulted in incorrect cross-references.
Drafting records indicate that the underscored "(b)" was inadvertently stricken and that
the stricken "or" was actually intended for striking.
Note: There is no conflict of substance.
SB146, s. 394
12Section
394. 941.31 (2) (c) of the statutes is amended to read:
SB146,119,1713
941.31
(2) (c) This subsection does not apply to the transportation, possession,
14use or transfer of any improvised explosive
devise
device by any armed forces or
15national guard personnel or to any peace officer in the line of duty or as part of a
16duty-related function or exercise. The restriction on transportation in this
17subsection does not apply to common carriers.
Note: Corrects spelling error. The change has been made in the printed volumes.
SB146,119,2120
950.02
(1m) "Crime" means an act committed in this state which, if committed
21by a competent adult, would constitute a crime, as defined in s. 939.12.
juvenile
SB146,120,63
950.04
(2w) (g) To be provided with appropriate
employer intercession services
4to ensure that employers of witnesses will cooperate with the criminal justice process
5and the juvenile justice process in order to minimize an employe's loss of pay and
6other benefits resulting from court appearances.
Note: 1997 Wis. Act 181 deleted "employer" without showing it as stricken. The
change was intended.
SB146,120,159
961.41
(3g) (a) 1. Except as provided in subd. 2., if the person possesses a
10controlled substance included in schedule I or II which is a narcotic drug, or possesses
11a controlled substance analog of a controlled substance included in schedule I or II
12which is a narcotic drug, the person may, upon a first conviction, be fined not more
13than $5,000 or imprisoned for not more than 2
years or both, and
, for a 2nd or
14subsequent offense, the person may be fined not more than $10,000 or imprisoned
15for not more than 3 years or both.
Note: There is no conflict of substance.
SB146, s. 399
18Section
399. 969.08 (1) of the statutes is amended to read:
SB146,121,1319
969.08
(1) Upon petition by the state or the defendant, the court before which
20the action is pending may increase or reduce the amount of bail or may alter other
21conditions of release or the bail bond or grant bail if it has been previously revoked.
1Except as provided in sub. (5), a defendant for whom conditions of release are
2imposed and who after 72 hours from the time of initial appearance before a judge
3continues to be detained in custody as a result of the defendant's inability to meet the
4conditions of release, upon application, is entitled to have the conditions reviewed by
5the judge of the court before whom the action against the defendant is pending.
s 6Unless the conditions of release are amended and the defendant is thereupon
7released, the judge shall set forth on the record the reasons for requiring the
8continuation of the conditions imposed. A defendant who is ordered released on a
9condition which requires that he or she return to custody after specified hours, upon
10application, is entitled to a review by the judge of the court before whom the action
11is pending. Unless the requirement is removed and the defendant thereupon
12released on another condition, the judge shall set forth on the record the reasons for
13continuing the requirement.
Note: The underscored text was inadvertently deleted from the printed volumes
of the 1997-98 Wisconsin Statutes.
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.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
SB146,123,711
980.06
(2) (b) An order for commitment under this section shall specify either
12institutional care or supervised release. In determining whether commitment shall
13be for institutional care or for supervised release, the court may consider, without
14limitation because of enumeration, the nature and circumstances of the behavior
15that was the basis of the allegation in the petition under s. 980.02 (2) (a), the person's
16mental history and present mental condition, where the person will live, how the
17person will support himself or herself, and what arrangements are available to
18ensure that the person has access to and will participate in necessary treatment,
19including pharmacological treatment using an antiandrogen or the chemical
20equivalent of an antiandrogen if the person is a serious child sex offender. In deciding
21whether to order supervised release of
a person who is a serious child sex offender,
1the court may not consider, as a factor in making its decision, that the person is a
2proper subject for pharmacological treatment using an antiandrogen or the chemical
3equivalent of an antiandrogen or that the person is willing to participate in
4pharmacological treatment using an antiandrogen or the chemical equivalent of an
5antiandrogen. The department shall arrange for control, care and treatment of the
6person in the least restrictive manner consistent with the requirements of the person
7and in accordance with the court's commitment order.
Note: Inserts missing "a".
Note: There is no conflict of substance.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
SB146, s. 411
14Section
411. 990.001 (16) of the statutes is created to read:
SB146,123,1615
990.001
(16) Degrees of kinship. The degree of kinship is computed according
16to the rules of the civil law, as follows: [See Figure 990.001 (16) following]
SB146,124,2
2Figure: 990.001 (16)
SB146,124,4
4Note: Recreates s. 852.03 (2), 1995 stats., which was repealed by
1997 Wis. Act 188.
Degrees of kinship are no longer used in the probate code. However, several previously
existing statutes continue to use the degrees of kinship as determined under s. 852.03 (2),
1995 stats. This table is reinserted into the statutes for user convenience.