Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,1349,22 895.78 Limiting felon's right to damages. (1) No person may recover damages for an injury to real or personal property if the injury was incurred while committing, or as a result of committing, an act that constituted a felony and the person was convicted of a felony for that act.

SB55-ASA1-AA1,1350,3 (2) No person may recover damages for death or for personal injury if the injury or death was incurred while committing, or as a result of committing, an act that constituted a felony and the person was convicted of a felony for that act.".

SB55-ASA1-AA1,1350,4 1769. Page 1219, line 4: after that line insert:

SB55-ASA1-AA1,1350,5 " Section 3871t. 895.80 (1) of the statutes is amended to read:

SB55-ASA1-AA1,1350,11 895.80 (1) Any person who suffers damage or loss by reason of intentional conduct that occurs on or after November 1, 1995, and that is prohibited under s. 943.01, 943.20, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.50 or, 943.61, or 943.76, or by reason of intentional conduct that occurs on or after April 28, 1998, and that is prohibited under s. 943.201, has a cause of action against the person who caused the damage or loss.

SB55-ASA1-AA1, s. 3871u Section 3871u. 895.80 (3m) of the statutes is created to read:

SB55-ASA1-AA1,1350,15 895.80 (3m) (a) In this subsection, "plant" includes the material taken, extracted, or harvested from a plant, or a seed or other plant material that is being used or that will be used to grow or develop a plant.

SB55-ASA1-AA1,1350,21 (b) If the violation of s. 943.01 (1) involves the circumstances under s. 943.01 (2d), the court may award a prevailing plaintiff the reasonable attorney fees incurred in litigating the action and, when determining the damages recoverable under sub. (3), shall include the market value of the plant before the damage or destruction, and the costs of production, research, testing, replacement, and plant development directly related to the plant that has been damaged or destroyed.

SB55-ASA1-AA1, s. 3871w Section 3871w. 895.80 (5) of the statutes is amended to read:

SB55-ASA1-AA1,1351,4 895.80 (5) No person may bring a cause of action under both this section and s. 95.195, 943.212, 943.245 or 943.51 regarding the same incident or occurrence. If the plaintiff has a cause of action under both this section and s. 943.212, 943.245 or 943.51 regarding the same incident or occurrence, the plaintiff may choose which action to bring. If the plaintiff has a cause of action under both this section and s. 95.195, the plaintiff must bring the action under s. 95.195.".

SB55-ASA1-AA1,1351,5 1770. Page 1219, line 4: after that line insert:

SB55-ASA1-AA1,1351,6 " Section 3867c. 895.52 (3) (b) of the statutes is amended to read:

SB55-ASA1-AA1,1351,11 895.52 (3) (b) A death or injury caused by a malicious act or by a malicious failure to warn against an unsafe condition of which an officer, employee or agent knew, which occurs on property designated by the department of natural resources fish, wildlife, parks, and forestry under s. 23.115 or designated by another state agency for a recreational activity.

SB55-ASA1-AA1, s. 3867f Section 3867f. 895.53 (1) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1351,15 895.53 (1) (a) "Conservation warden" means a person appointed as a conservation warden by the department of natural resources fish, wildlife, parks, and forestry under s. 23.10 (1).

SB55-ASA1-AA1, s. 3867k Section 3867k. 895.55 (2) (b) of the statutes is amended to read:

SB55-ASA1-AA1,1351,20 895.55 (2) (b) The assistance, advice or care was consistent with the national contingency plan or the state contingency plan or was otherwise directed by the federal on-scene coordinator or the secretary of natural resources environmental management.

SB55-ASA1-AA1, s. 3867p Section 3867p. 895.56 (2) (c) of the statutes is amended to read:

SB55-ASA1-AA1,1352,2 895.56 (2) (c) The acts or omissions involving petroleum-contaminated soil on the property were required by reasonably precise specifications in the contract entered into under s. 84.06 (2), and the acts or omissions conformed to those specifications, or were otherwise directed by the department of transportation or by the department of natural resources environmental management.

SB55-ASA1-AA1, s. 3867s Section 3867s. 895.56 (3) (c) of the statutes is amended to read:

SB55-ASA1-AA1,1352,9 895.56 (3) (c) The person fails to warn the department of transportation or the department of natural resources environmental management about the presence of petroleum-contaminated soil encountered at the site, if the petroleum-contaminated soil was reasonably known to the person but not to the department of transportation or to the department of natural resources environmental management.

SB55-ASA1-AA1, s. 3867w Section 3867w. 895.57 (3) of the statutes is amended to read:

SB55-ASA1-AA1,1352,17 895.57 (3) Subsection (2) does not apply to any humane officer, local health officer, peace officer, employee of the department of natural resources fish, wildlife, parks, and forestry while on any land licensed under s. 29.865, 29.867, 29.869 or 29.871 or designated as a wildlife refuge under s. 29.621 (1) or employee of the department of agriculture, trade and consumer protection if the officer's or employee's acts are in good faith and in an apparently authorized and reasonable fulfillment of his or her duties.

SB55-ASA1-AA1, s. 3867y Section 3867y. 895.58 (1) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1352,20 895.58 (1) (a) "Department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 3869b Section 3869b. 895.58 (1) (d) of the statutes is amended to read:

SB55-ASA1-AA1,1352,24 895.58 (1) (d) "Special waste" means any solid waste that is characterized for beneficial use in public works projects by the department of natural resources environmental management.".

SB55-ASA1-AA1,1353,1 1771. Page 1219, line 4: after that line insert:

SB55-ASA1-AA1,1353,2 " Section 3871m. 895.81 of the statutes is created to read:

SB55-ASA1-AA1,1353,6 895.81 Civil action for domestic abuse or sexual assault. (1) Any person who suffers damages as the result of intentional conduct that is prohibited under s. 940.225, or as the result of domestic abuse, as defined in s. 813.12 (1) (a), has a cause of action against the person who caused the damage.

SB55-ASA1-AA1,1353,9 (2) The burden of proof in a civil action under sub. (1) is with the person who suffers damage or loss to prove his or her case by a preponderance of the credible evidence.

SB55-ASA1-AA1,1353,11 (3) If the plaintiff prevails in a civil action under sub. (1), he or she may recover all of the following:

SB55-ASA1-AA1,1353,12 (a) Treble damages.

SB55-ASA1-AA1,1353,13 (b) All costs of investigation and litigation that were reasonably incurred.

SB55-ASA1-AA1,1353,16 (4) A person may bring a civil action under sub. (1) regardless of whether there has been a criminal action related to the loss or damage under sub. (1) and regardless of the outcome of any such criminal action.".

SB55-ASA1-AA1,1353,17 1772. Page 1219, line 4: after that line insert:

SB55-ASA1-AA1,1353,18 " Section 3871m. 898.14 of the statutes is repealed.".

SB55-ASA1-AA1,1353,19 1773. Page 1219, line 9: substitute "885.38 (1) (b)," for "885.37 (1g),".

SB55-ASA1-AA1,1353,20 1774. Page 1219, line 21: after that line insert:

SB55-ASA1-AA1,1353,21 " Section 3874. 910.01 (1) of the statutes is amended to read:

SB55-ASA1-AA1,1354,2 910.01 (1) Writings and recordings. "Writings" and "recordings" consist of letters, words or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other form of data compilation or recording.

SB55-ASA1-AA1, s. 3875 Section 3875. 910.02 of the statutes is amended to read:

SB55-ASA1-AA1,1354,6 910.02 Requirement of original. To prove the content of a writing, recording or photograph, the original writing, recording or photograph is required, except as otherwise provided in chs. 901 to 911, s. 137.21, or by other statute.

SB55-ASA1-AA1, s. 3876 Section 3876. 910.03 of the statutes is amended to read:

SB55-ASA1-AA1,1354,12 910.03 Admissibility of duplicates. A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the authenticity of the original or (2) in the circumstances it would be unfair to admit the duplicate in lieu of the original. This section does not apply to records of transactions governed by s. 137.21.".

SB55-ASA1-AA1,1354,13 1775. Page 1219, line 21: after that line insert:

SB55-ASA1-AA1,1354,14 " Section 3878. 938.17 (2) (d) of the statutes is amended to read:

SB55-ASA1-AA1,1355,6 938.17 (2) (d) If a municipal court finds that the juvenile violated a municipal ordinance other than an ordinance enacted under s. 118.163 or an ordinance that conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 961.573 (2), 961.574 (2) or 961.575 (2), the court shall enter any of the dispositional orders permitted under s. 938.343 that are authorized under par. (cm). If a juvenile fails to pay the forfeiture imposed by the municipal court, the court may not impose a jail sentence but may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or, unless the forfeiture was imposed for violating an ordinance unrelated to the juvenile's operation of a motor vehicle, may suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than 5 years more than 2 years. If a court suspends a license or privilege under this section, the court shall immediately take possession of the applicable license and forward it to the department that issued the license, together with the notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which shall thereupon return the license to the person.".

SB55-ASA1-AA1,1355,7 1776. Page 1219, line 21: after that line insert:

SB55-ASA1-AA1,1355,8 " Section 3876x. 938.02 (15) of the statutes is amended to read:

SB55-ASA1-AA1,1355,11 938.02 (15) "Relative" means a parent, grandparent, greatgrandparent, stepparent, brother, sister, first cousin, nephew, niece, uncle, or aunt, whether by blood, marriage, or adoption.".

SB55-ASA1-AA1,1355,12 1777. Page 1223, line 4: after that line insert:

SB55-ASA1-AA1,1355,13 " Section 3889r. 938.30 (5) (c) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,1355,17 938.30 (5) (c) (intro.) If the court finds that the juvenile was not responsible by reason of mental disease or defect, as described under s. 971.15 (1) and (2) (1g) (a) and (1r), the court shall dismiss the petition with prejudice and shall also do one of the following:".

SB55-ASA1-AA1,1355,18 1778. Page 1223, line 4: after that line insert:

SB55-ASA1-AA1,1355,20 " Section 3887. 938.21 (5) (b) of the statutes is renumbered 938.21 (5) (b) (intro.) and amended to read:

SB55-ASA1-AA1,1355,22 938.21 (5) (b) (intro.) An order relating to a juvenile held in custody outside of his or her home shall also describe include all of the following:

SB55-ASA1-AA1,1356,2 1. A description of any efforts that were made to permit the juvenile to remain at home and the services that are needed to ensure the juvenile's well-being, to enable the juvenile to return safely to his or her home, and to involve the parents in planning for the juvenile.

SB55-ASA1-AA1, s. 3888 Section 3888. 938.21 (5) (b) 2. of the statutes is created to read:

SB55-ASA1-AA1,1356,9 938.21 (5) (b) 2. If the juvenile is held in custody outside the home in a placement recommended by the intake worker, a statement that the court approves the placement recommended by the intake worker or, if the juvenile is placed outside the home in a placement other than a placement recommended by the intake worker, a statement that the court has given bona fide consideration to the recommendations made by the intake worker and all parties relating to the placement of the juvenile.".

SB55-ASA1-AA1,1356,10 1779. Page 1223, line 7: after that line insert:

SB55-ASA1-AA1,1356,12 " Section 3894. 938.34 (8) of the statutes, as affected by 1999 Wisconsin Act 185, is amended to read:

SB55-ASA1-AA1,1357,10 938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that this disposition is in the best interest of the juvenile and in aid of rehabilitation. The maximum forfeiture that the court may impose under this subsection for a violation by a juvenile is the maximum amount of the fine that may be imposed on an adult for committing that violation or, if the violation is applicable only to a person under 18 years of age, $100. Any such order shall include a finding that the juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months for payment. If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order other alternatives under this section, in accordance with the conditions specified in this chapter; or the court may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or, unless the forfeiture was imposed for violating an ordinance unrelated to the juvenile's operation of a motor vehicle, may suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more than 2 years. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license and forward it to the department which issued the license, together with a notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the suspension shall be reduced to the time period which has already elapsed and the court shall immediately notify the department which shall then return the license to the juvenile. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).

SB55-ASA1-AA1, s. 3895 Section 3895. 938.343 (2) of the statutes, as affected by 1999 Wisconsin Act 185, is amended to read:

SB55-ASA1-AA1,1358,2 938.343 (2) Impose a forfeiture not to exceed the maximum forfeiture that may be imposed on an adult for committing that violation or, if the violation is only applicable to a person under 18 years of age, $50. Any such order shall include a finding that the juvenile alone is financially able to pay and shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture, the court may suspend any license issued under ch. 29 or, unless the forfeiture was imposed for violating an ordinance unrelated to the juvenile's operation of a motor vehicle, may suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less more than 2 years. The court shall immediately take possession of the suspended license and forward it to the department which issued the license, together with the notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which will thereupon return the license to the person. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).".

SB55-ASA1-AA1,1358,3 1780. Page 1223, line 7: after that line insert:

SB55-ASA1-AA1,1358,4 " Section 3897. 938.355 (2) (b) 6m. of the statutes is created to read:

SB55-ASA1-AA1,1358,11 938.355 (2) (b) 6m. If the juvenile is placed outside the home in a placement recommended by the agency designated under s. 938.33 (1), a statement that the court approves the placement recommended by the agency or, if the juvenile is placed outside the home in a placement other than a placement recommended by that agency, a statement that the court has given bona fide consideration to the recommendations made by the agency and all parties relating to the juvenile's placement.".

SB55-ASA1-AA1,1358,12 1781. Page 1223, line 20: after that line insert:

SB55-ASA1-AA1,1358,13 " Section 3901. 938.357 (2v) of the statutes is created to read:

SB55-ASA1-AA1,1358,22 938.357 (2v) If a hearing is held under sub. (1) or (2m) and the change in placement would place the juvenile outside the home in a placement recommended by the person or agency primarily responsible for implementing the dispositional order, the change in placement order shall include a statement that the court approves the placement recommended by the person or agency or, if the juvenile is placed outside the home in a placement other than a placement recommended by that person or agency, a statement that the court has given bona fide consideration to the recommendations made by that person or agency and all parties relating to the juvenile's placement.".

SB55-ASA1-AA1,1358,23 1782. Page 1223, line 20: after that line insert:

SB55-ASA1-AA1,1358,24 " Section 3888w. 938.237 (1) of the statutes is amended to read:

SB55-ASA1-AA1,1359,3 938.237 (1) The citation forms under s. 23.54, 66.0113, 278.54, 778.25, 778.26 or 800.02 may be used to commence an action for a violation of civil laws and ordinances in the court.

SB55-ASA1-AA1, s. 3889b Section 3889b. 938.237 (2) of the statutes is amended to read:

SB55-ASA1-AA1,1359,13 938.237 (2) The procedures for issuance and filing of a citation, and for forfeitures, stipulations and deposits in ss. 23.50 to 23.67, 23.75 (3) and (4), 66.0113 66.0114, 278.50 to 278.67, 278.75 (3) and (4), 778.25, 778.26 and 800.01 to 800.04 except s. 800.04 (2) (b), when the citation is issued by a law enforcement officer, shall be used as appropriate, except that this chapter shall govern taking and holding a juvenile in custody, s. 938.37 shall govern costs, penalty assessments and jail assessments, and a capias shall be substituted for an arrest warrant. Sections 66.0113 (3) (c) and (d), 66.0317 66.0114 (1) and 778.10 as they relate to collection of forfeitures do not apply.".

SB55-ASA1-AA1,1359,14 1783. Page 1224, line 13: after that line insert:

SB55-ASA1-AA1,1359,15 " Section 3905. 938.38 (2) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,1359,22 938.38 (2) Permanency plan required. (intro.) Except as provided in sub. (3), for each juvenile living in a foster home, treatment foster home, group home, child caring institution, secure detention facility, or shelter care facility or in the home of a relative, the agency that placed the juvenile or arranged the placement or the agency assigned primary responsibility for providing services to the juvenile under s. 938.355 shall prepare a written permanency plan, if any of the following conditions exists:

SB55-ASA1-AA1, s. 3906 Section 3906. 938.38 (4) (f) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,1360,5 938.38 (4) (f) (intro.) The services that will be provided to the juvenile, the juvenile's family, and the juvenile's foster parent, the juvenile's treatment foster parent or, the operator of the facility where the juvenile is living, or the relative with whom the juvenile is living to carry out the dispositional order, including services planned to accomplish all of the following:

SB55-ASA1-AA1, s. 3907 Section 3907. 938.38 (5) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1360,17 938.38 (5) (a) The court or a panel appointed under this paragraph shall review the permanency plan every 6 months from the date on which the juvenile was first held in physical custody or placed outside of his or her home under a court order. If the court elects not to review the permanency plan, the court shall appoint a panel to review the permanency plan. The panel shall consist of 3 persons who are either designated by an independent agency that has been approved by the chief judge of the judicial administrative district or designated by the agency that prepared the permanency plan. A voting majority of persons on each panel shall be persons who are not employed by the agency that prepared the permanency plan and who are not responsible for providing services to the juvenile or the parents of the juvenile whose permanency plan is the subject of the review.

SB55-ASA1-AA1, s. 3908 Section 3908. 938.38 (5) (b) of the statutes is amended to read:

SB55-ASA1-AA1,1361,7 938.38 (5) (b) The court or the agency shall notify the parents of the juvenile, the juvenile if he or she is 10 years of age or older, and the juvenile's foster parent, the juvenile's treatment foster parent or, the operator of the facility in which the juvenile is living, or the relative with whom the juvenile is living of the date, time, and place of the review, of the issues to be determined as part of the review, and of the fact that they may have an opportunity to be heard at the review by submitting written comments not less than 10 working days before the review or by participating at the review. The court or agency shall notify the person representing the interests of the public, the juvenile's counsel, and the juvenile's guardian ad litem of the date of the review, of the issues to be determined as part of the review, and of the fact that they may submit written comments not less than 10 working days before the review. The notices under this paragraph shall be provided in writing not less than 30 days before the review and copies of the notices shall be filed in the juvenile's case record.".

SB55-ASA1-AA1,1361,8 1784. Page 1234, line 24: after that line insert:

SB55-ASA1-AA1,1361,9 " Section 3937u. 940.20 (1d) of the statutes is created to read:

SB55-ASA1-AA1,1361,16 940.20 (1d) Battery by certain detained or committed persons. Any person committed to the custody of the department of health and family services under s. 971.17 and placed in a mental health institute under s. 51.05 or any person detained or committed to the department of health and family services under ch. 980 and placed in a facility specified under s. 980.065 who intentionally causes bodily harm to an officer, employee, visitor, or another patient of the institute or facility, without his or her consent, is guilty of a Class D felony.".

SB55-ASA1-AA1,1361,17 1785. Page 1236, line 12: after that line insert: