Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,1345,6 2. The person's participation in the illegal drug market was connected with the same type of illegal drug used by the individual drug user.

SB55-ASA1-AA1,1345,8 3. The person participated in the illegal drug market at any time during the individual drug user's period of illegal drug use.

SB55-ASA1-AA1,1345,10 (5) A person entitled to bring an action under this section may recover all of the following:

SB55-ASA1-AA1,1345,14 (a) Economic damages, including the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss proximately caused by the illegal drug use.

SB55-ASA1-AA1,1345,18 (b) Non-economic damages, including physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services, and consortium, and other nonpecuniary losses proximately caused by an individual's use of an illegal drug.

SB55-ASA1-AA1,1345,19 (c) Exemplary damages.

SB55-ASA1-AA1,1345,20 (d) Reasonable attorney fees.

SB55-ASA1-AA1,1345,21 (e) Costs of the suit, including reasonable expenses for expert testimony.

SB55-ASA1-AA1,1345,25 (6) (a) An individual drug user may not bring an action for damages under this section caused by the use of an illegal drug, except as provided in this subsection. An individual drug user may bring an action for damages caused by the use of an illegal drug only if all of the following conditions are met:

SB55-ASA1-AA1,1346,3 1. The individual personally discloses to law enforcement authorities, more than 6 months before filing the action, all of the information known to the individual regarding all that individual's sources of illegal drugs.

SB55-ASA1-AA1,1346,5 2. The individual has not used an illegal drug within the 6 months before filing the action.

SB55-ASA1-AA1,1346,7 3. The individual continues to remain free of the use of an illegal drug throughout the pendency of the action.

SB55-ASA1-AA1,1346,10 (b) A person entitled to bring an action under this subsection may seek damages only from a person who distributed, or is in the chain of distribution of, an illegal drug that was actually used by the individual drug user.

SB55-ASA1-AA1,1346,12 (c) A person entitled to bring an action under this subsection may recover only the following damages:

SB55-ASA1-AA1,1346,16 1. Economic damages, including, but not limited to, the cost of treatment, rehabilitation, and medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, accidents or injury, and any other pecuniary loss proximately caused by the person's illegal drug use.

SB55-ASA1-AA1,1346,17 2. Reasonable attorney fees.

SB55-ASA1-AA1,1346,18 3. Costs of the suit, including reasonable expenses for expert testimony.

SB55-ASA1-AA1, s. 3871m Section 3871m. 895.93 of the statutes is created to read:

SB55-ASA1-AA1,1346,22 895.93 Third party cases and target communities. (1) A third party may not pay damages awarded under s. 895.92, or provide a defense or money for a defense, on behalf of an insured under a contract of insurance or indemnification.

SB55-ASA1-AA1,1346,25 (2) A person whose participation in the illegal drug market constitutes the following level of offense shall be considered to have the following illegal drug market target community:

SB55-ASA1-AA1,1347,2 (a) For a level 1 offense, all assembly districts that comprise the person's place of participation.

SB55-ASA1-AA1,1347,4 (b) For a level 2 offense, the target community described in par. (a) plus all assembly districts with a border contiguous to that target community.

SB55-ASA1-AA1,1347,6 (c) For a level 3 offense, the target community described in par. (b) plus all assembly districts with a border contiguous to that target community.

SB55-ASA1-AA1,1347,7 (d) For a level 4 offense, the state.

SB55-ASA1-AA1, s. 3871p Section 3871p. 895.94 of the statutes is created to read:

SB55-ASA1-AA1,1347,13 895.94 Joinder, responsibility, contribution, and standard of proof. (1) Joinder of parties. (a) Two or more persons may join in one action under s. 895.92 as plaintiffs if their respective actions have at least one place of illegal drug activity in common and if any portion of the period of illegal drug use for one plaintiff overlaps with the period of illegal drug use for every other plaintiff.

SB55-ASA1-AA1,1347,15 (b) Two or more persons may be joined in one action under s. 895.92 as defendants if those persons are liable to at least one plaintiff.

SB55-ASA1-AA1,1347,19 (c) A plaintiff need not be interested in obtaining and a defendant need not be interested in defending against all the relief demanded. Judgment may be given for one or more plaintiffs according to their respective rights to relief and against one or more defendants according to their respective liabilities.

SB55-ASA1-AA1,1347,21 (2) Comparative responsibility. (a) Section 895.045 applies to an action under s. 895.92.

SB55-ASA1-AA1,1347,23 (b) The burden of proving the comparative negligence of the plaintiff is on the defendant, which shall be shown by clear and convincing evidence.

SB55-ASA1-AA1,1347,25 (c) Comparative negligence may not be attributed to a plaintiff who is not an individual drug user.

SB55-ASA1-AA1,1348,6 (3) Contribution among and recovery from multiple defendants. A person subject to liability under s. 895.92 has a right of action for contribution against another person subject to liability under that section. Contribution may be enforced either in the original action or by a separate action brought for that purpose. A plaintiff may seek recovery in accordance with s. 895.92 and existing law against a person whom a defendant has asserted a right of contribution.

SB55-ASA1-AA1,1348,11 (4) Standard of proof: effect of criminal drug conviction. (a) Proof of participation in the illegal drug market in an action brought under s. 895.92 shall be shown by clear and convincing evidence. Except as otherwise provided in ss. 895.91 to 895.95, other elements of the cause of action shall be shown by a preponderance of the evidence.

SB55-ASA1-AA1,1348,16 (b) A person against whom recovery is sought who has a criminal conviction under ch. 961 or 21 USC 801 to 971, is estopped from denying participation in the illegal drug market. Such a conviction is also prima facie evidence of the person's participation in the illegal drug market during the two years preceding the date of an act giving rise to a conviction.

SB55-ASA1-AA1,1348,18 (c) The absence of a criminal conviction described under par. (b) of a person against whom recovery is sought does not bar an action against that person.

SB55-ASA1-AA1, s. 3871r Section 3871r. 895.95 of the statutes is created to read:

SB55-ASA1-AA1,1349,2 895.95 Attachment, execution, and stay. (1) Except as provided in sub. (3), a plaintiff under s. 895.92 may request an ex parte prejudgment attachment order from the court against all assets of a defendant sufficient to satisfy a potential award. If attachment is instituted, a defendant is entitled to an immediate hearing. Attachment may be lifted if the defendant demonstrates that the assets will be available for a potential award or if the defendant posts a bond sufficient to cover a potential award.

SB55-ASA1-AA1,1349,5 (2) A person against whom a judgment has been rendered under s. 895.92 is not eligible to exempt any property, of whatever kind, from process to levy or process to execute on the judgment.

SB55-ASA1-AA1,1349,10 (3) Any assets sought to satisfy a judgment in an action under s. 895.92 that are named in a forfeiture action or that have been seized for forfeiture by any state or federal agency may not be used to satisfy a judgment unless and until the assets have been released following the conclusion of the forfeiture action or released by the agency that seized the assets.

SB55-ASA1-AA1,1349,12 (4) The district attorney may represent the state or a political subdivision of the state in an action brought under s. 895.92.

SB55-ASA1-AA1,1349,16 (5) On motion by a governmental agency involved in a drug investigation or prosecution, an action brought under s. 895.92 shall be stayed until the completion of the criminal investigation or prosecution that gave rise to the motion for a stay of the action.".

SB55-ASA1-AA1,1349,17 1768. Page 1219, line 4: after that line insert:

SB55-ASA1-AA1,1349,18 " Section 3871m. 895.78 of the statutes is created to read:

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: