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.
SB146,125,27[
1997 Wisconsin Act 156] Section 16 (1) (intro.)
Notwithstanding section
8440.973 440.983 of the statutes, as created by this act and as renumbered by 1999
1Wisconsin Act .... (this act), the department of regulation and licensing shall do each
2of the following:
SB146,125,73
(2)
A license of registration issued under subsection (1) (a) may be renewed
4under section
440.975 440.985 of the statutes, as created by this act and as
5renumbered by 1999 Wisconsin Act .... (this act). A license of registration issued
6under subsection (1) (b) is valid until 3 years after that date that it is issued and may
7not be renewed.
Note: Sections 440.973 and 440.975, as created by
1997 Wis. Act 156, are
renumbered subch. XI of ch. 440 by this bill.
SB146, s. 413
8Section
413. 1997 Wisconsin Act 240, section
14 is amended by replacing "
for
9which the department has given prior review and approval as to the content of such
10classes or laboratory periods so as to assure that such classes and laboratory periods
11are only" with "
for which the state superintendent has given prior review and
12approval as to the content of such classes or laboratory periods so as to assure that
13such classes and laboratory periods are only".
SB146, s. 414
14Section
414. 1997 Wisconsin Act 197, section
3 is amended by replacing
15"29.093 (2) (f) of the statutes is amended" with "29.093 (2) (f) 1. of the statutes is
16amended".
Note: Clarifies that
1997 Wisconsin Act 197, section
3, affects only s. 29.093 (2) (f)
1. and not all of s. 29.093 (2) (f) as stated in the act.
SB146, s. 415
17Section
415. 1997 Wisconsin Act 218, section
41 is amended by replacing "
filed
18under and the complainant specified in sub. (1)
(a) 1. or 3. or, for a complaint specified
19in sub. (1) (a) 2., a party to an interconnection agreement who is identified in a notice
20under s. 196.199 (3) (b) 1. b., 10 days" with "
filed under specified in sub. (1)
and the
21complainant (a) 1. or 3. or, for a complaint specified in sub. (1) (a) 2., a party to an
1interconnection agreement who is identified in a notice under s. 196.199 (3) (b) 1. b., 210 days".
Note: 1997 Wis. Act 218, section
41, showed "
and the complainant" in the wrong
location within s. 196.26 (2) (b). The deletion of the phrase was intended. This
amendment clarifies the intended change.
Note: Inserts missing act number for clarification.
Note: Section 138.12 (4) (a) was affected by
1997 Wis. Act 191 (SB-494), but was
not created by it.