SB55-ASA1-AA1,1346,1818
3. Costs of the suit, including reasonable expenses for expert testimony.
SB55-ASA1-AA1,1346,22
20895.93 Third party cases and target communities. (1) A third party may
21not pay damages awarded under s. 895.92, or provide a defense or money for a
22defense, on behalf of an insured under a contract of insurance or indemnification.
SB55-ASA1-AA1,1346,25
23(2) A person whose participation in the illegal drug market constitutes the
24following level of offense shall be considered to have the following illegal drug market
25target community:
SB55-ASA1-AA1,1347,2
1(a) For a level 1 offense, all assembly districts that comprise the person's place
2of participation.
SB55-ASA1-AA1,1347,43
(b) For a level 2 offense, the target community described in par. (a) plus all
4assembly districts with a border contiguous to that target community.
SB55-ASA1-AA1,1347,65
(c) For a level 3 offense, the target community described in par. (b) plus all
6assembly districts with a border contiguous to that target community.
SB55-ASA1-AA1,1347,77
(d) For a level 4 offense, the state.
SB55-ASA1-AA1,1347,13
9895.94 Joinder, responsibility, contribution, and standard of proof. (1) 10Joinder of parties. (a) Two or more persons may join in one action under s. 895.92
11as plaintiffs if their respective actions have at least one place of illegal drug activity
12in common and if any portion of the period of illegal drug use for one plaintiff overlaps
13with the period of illegal drug use for every other plaintiff.
SB55-ASA1-AA1,1347,1514
(b) Two or more persons may be joined in one action under s. 895.92 as
15defendants if those persons are liable to at least one plaintiff.
SB55-ASA1-AA1,1347,1916
(c) A plaintiff need not be interested in obtaining and a defendant need not be
17interested in defending against all the relief demanded. Judgment may be given for
18one or more plaintiffs according to their respective rights to relief and against one
19or more defendants according to their respective liabilities.
SB55-ASA1-AA1,1347,21
20(2) Comparative responsibility. (a) Section 895.045 applies to an action under
21s. 895.92.
SB55-ASA1-AA1,1347,2322
(b) The burden of proving the comparative negligence of the plaintiff is on the
23defendant, which shall be shown by clear and convincing evidence.
SB55-ASA1-AA1,1347,2524
(c) Comparative negligence may not be attributed to a plaintiff who is not an
25individual drug user.
SB55-ASA1-AA1,1348,6
1(3) Contribution among and recovery from multiple defendants. A person
2subject to liability under s. 895.92 has a right of action for contribution against
3another person subject to liability under that section. Contribution may be enforced
4either in the original action or by a separate action brought for that purpose. A
5plaintiff may seek recovery in accordance with s. 895.92 and existing law against a
6person whom a defendant has asserted a right of contribution.
SB55-ASA1-AA1,1348,11
7(4) Standard of proof: effect of criminal drug conviction. (a) Proof of
8participation in the illegal drug market in an action brought under s. 895.92 shall
9be shown by clear and convincing evidence. Except as otherwise provided in ss.
10895.91 to 895.95, other elements of the cause of action shall be shown by a
11preponderance of the evidence.
SB55-ASA1-AA1,1348,1612
(b) A person against whom recovery is sought who has a criminal conviction
13under ch. 961 or
21 USC 801 to
971, is estopped from denying participation in the
14illegal drug market. Such a conviction is also prima facie evidence of the person's
15participation in the illegal drug market during the two years preceding the date of
16an act giving rise to a conviction.
SB55-ASA1-AA1,1348,1817
(c) The absence of a criminal conviction described under par. (b) of a person
18against whom recovery is sought does not bar an action against that person.
SB55-ASA1-AA1,1349,2
20895.95 Attachment, execution, and stay. (1) Except as provided in sub. (3),
21a plaintiff under s. 895.92 may request an ex parte prejudgment attachment order
22from the court against all assets of a defendant sufficient to satisfy a potential award.
23If attachment is instituted, a defendant is entitled to an immediate hearing.
24Attachment may be lifted if the defendant demonstrates that the assets will be
1available for a potential award or if the defendant posts a bond sufficient to cover a
2potential award.
SB55-ASA1-AA1,1349,5
3(2) A person against whom a judgment has been rendered under s. 895.92 is
4not eligible to exempt any property, of whatever kind, from process to levy or process
5to execute on the judgment.
SB55-ASA1-AA1,1349,10
6(3) Any assets sought to satisfy a judgment in an action under s. 895.92 that
7are named in a forfeiture action or that have been seized for forfeiture by any state
8or federal agency may not be used to satisfy a judgment unless and until the assets
9have been released following the conclusion of the forfeiture action or released by the
10agency that seized the assets.
SB55-ASA1-AA1,1349,12
11(4) The district attorney may represent the state or a political subdivision of
12the state in an action brought under s. 895.92.
SB55-ASA1-AA1,1349,16
13(5) On motion by a governmental agency involved in a drug investigation or
14prosecution, an action brought under s. 895.92 shall be stayed until the completion
15of the criminal investigation or prosecution that gave rise to the motion for a stay of
16the action.".
SB55-ASA1-AA1,1349,22
19895.78 Limiting felon's right to damages. (1) No person may recover
20damages for an injury to real or personal property if the injury was incurred while
21committing, or as a result of committing, an act that constituted a felony and the
22person was convicted of a felony for that act.
SB55-ASA1-AA1,1350,3
1(2) No person may recover damages for death or for personal injury if the injury
2or death was incurred while committing, or as a result of committing, an act that
3constituted a felony and the person was convicted of a felony for that act.".
SB55-ASA1-AA1,1350,116
895.80
(1) Any person who suffers damage or loss by reason of intentional
7conduct that occurs on or after November 1, 1995, and that is prohibited under s.
8943.01, 943.20, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.50
or, 943.61,
or
9943.76, or by reason of intentional conduct that occurs on or after April 28, 1998, and
10that is prohibited under s. 943.201, has a cause of action against the person who
11caused the damage or loss.
SB55-ASA1-AA1,1350,1513
895.80
(3m) (a) In this subsection, "plant" includes the material taken,
14extracted, or harvested from a plant, or a seed or other plant material that is being
15used or that will be used to grow or develop a plant.
SB55-ASA1-AA1,1350,2116
(b) If the violation of s. 943.01 (1) involves the circumstances under s. 943.01
17(2d), the court may award a prevailing plaintiff the reasonable attorney fees incurred
18in litigating the action and, when determining the damages recoverable under sub.
19(3), shall include the market value of the plant before the damage or destruction, and
20the costs of production, research, testing, replacement, and plant development
21directly related to the plant that has been damaged or destroyed.
SB55-ASA1-AA1,1351,423
895.80
(5) No person may bring a cause of action under both this section and
24s.
95.195, 943.212, 943.245 or 943.51 regarding the same incident or occurrence. If
1the plaintiff has a cause of action under both this section and s. 943.212, 943.245 or
2943.51 regarding the same incident or occurrence, the plaintiff may choose which
3action to bring.
If the plaintiff has a cause of action under both this section and s.
495.195, the plaintiff must bring the action under s. 95.195.".
SB55-ASA1-AA1,1351,117
895.52
(3) (b) A death or injury caused by a malicious act or by a malicious
8failure to warn against an unsafe condition of which an officer, employee or agent
9knew, which occurs on property designated by the department of
natural resources 10fish, wildlife, parks, and forestry under s. 23.115 or designated by another state
11agency for a recreational activity.
SB55-ASA1-AA1,1351,1513
895.53
(1) (a) "Conservation warden" means a person appointed as a
14conservation warden by the department of
natural resources fish, wildlife, parks,
15and forestry under s. 23.10 (1).
SB55-ASA1-AA1,1351,2017
895.55
(2) (b) The assistance, advice or care was consistent with the national
18contingency plan or the state contingency plan or was otherwise directed by the
19federal on-scene coordinator or the secretary of
natural resources environmental
20management.
SB55-ASA1-AA1,1352,222
895.56
(2) (c) The acts or omissions involving petroleum-contaminated soil on
23the property were required by reasonably precise specifications in the contract
24entered into under s. 84.06 (2), and the acts or omissions conformed to those
1specifications, or were otherwise directed by the department of transportation or by
2the department of
natural resources environmental management.
SB55-ASA1-AA1,1352,94
895.56
(3) (c) The person fails to warn the department of transportation or the
5department of
natural resources environmental management about the presence of
6petroleum-contaminated soil encountered at the site, if the
7petroleum-contaminated soil was reasonably known to the person but not to the
8department of transportation or to the department of
natural resources 9environmental management.
SB55-ASA1-AA1,1352,1711
895.57
(3) Subsection (2) does not apply to any humane officer, local health
12officer, peace officer, employee of the department of
natural resources fish, wildlife,
13parks, and forestry while on any land licensed under s. 29.865, 29.867, 29.869 or
1429.871 or designated as a wildlife refuge under s. 29.621 (1) or employee of the
15department of agriculture, trade and consumer protection if the officer's or
16employee's acts are in good faith and in an apparently authorized and reasonable
17fulfillment of his or her duties.
SB55-ASA1-AA1,1352,2019
895.58
(1) (a) "Department" means the department of
natural resources 20environmental management.
SB55-ASA1-AA1,1352,2422
895.58
(1) (d) "Special waste" means any solid waste that is characterized for
23beneficial use in public works projects by the department of
natural resources 24environmental management.".
SB55-ASA1-AA1,1353,6
3895.81 Civil action for domestic abuse or sexual assault. (1) Any person
4who suffers damages as the result of intentional conduct that is prohibited under s.
5940.225, or as the result of domestic abuse, as defined in s. 813.12 (1) (a), has a cause
6of action against the person who caused the damage.
SB55-ASA1-AA1,1353,9
7(2) The burden of proof in a civil action under sub. (1) is with the person who
8suffers damage or loss to prove his or her case by a preponderance of the credible
9evidence.
SB55-ASA1-AA1,1353,11
10(3) If the plaintiff prevails in a civil action under sub. (1), he or she may recover
11all of the following:
SB55-ASA1-AA1,1353,1212
(a) Treble damages.
SB55-ASA1-AA1,1353,1313
(b) All costs of investigation and litigation that were reasonably incurred.
SB55-ASA1-AA1,1353,16
14(4) A person may bring a civil action under sub. (1) regardless of whether there
15has been a criminal action related to the loss or damage under sub. (1) and regardless
16of the outcome of any such criminal action.".
SB55-ASA1-AA1,1354,222
910.01
(1) Writings and recordings. "Writings" and "recordings" consist of
23letters, words or numbers, or their equivalent, set down by handwriting, typewriting,
1printing, photostating, photographing, magnetic impulse, mechanical or electronic
2recording, or other form of data compilation
or recording.
SB55-ASA1-AA1,1354,6
4910.02 Requirement of original. To prove the content of a writing, recording
5or photograph, the original writing, recording or photograph is required, except as
6otherwise provided in chs. 901 to 911
, s. 137.21, or by
other statute.
SB55-ASA1-AA1,1354,12
8910.03 Admissibility of duplicates. A duplicate is admissible to the same
9extent as an original unless (1) a genuine question is raised as to the authenticity of
10the original or (2) in the circumstances it would be unfair to admit the duplicate in
11lieu of the original.
This section does not apply to records of transactions governed
12by s. 137.21.".
SB55-ASA1-AA1,1355,615
938.17
(2) (d) If a municipal court finds that the juvenile violated a municipal
16ordinance other than an ordinance enacted under s. 118.163 or an ordinance that
17conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 961.573 (2), 961.574 (2)
18or 961.575 (2), the court shall enter any of the dispositional orders permitted under
19s. 938.343 that are authorized under par. (cm). If a juvenile fails to pay the forfeiture
20imposed by the municipal court, the court may not impose a jail sentence but may
21suspend any license issued under ch. 29 for not less than 30 days nor more than 5
22years, or
, unless the forfeiture was imposed for violating an ordinance unrelated to
23the juvenile's operation of a motor vehicle, may suspend the juvenile's operating
24privilege, as defined in s. 340.01 (40), for not
less than 30 days nor more than 5 years
1more than 2 years. If a court suspends a license or privilege under this section, the
2court shall immediately take possession of the applicable license and forward it to
3the department that issued the license, together with the notice of suspension clearly
4stating that the suspension is for failure to pay a forfeiture imposed by the court. If
5the forfeiture is paid during the period of suspension, the court shall immediately
6notify the department, which shall thereupon return the license to the person.".
SB55-ASA1-AA1,1355,119
938.02
(15) "Relative" means a parent, grandparent,
greatgrandparent, 10stepparent, brother, sister, first cousin, nephew, niece, uncle
, or aunt, whether by
11blood, marriage
, or adoption.".
SB55-ASA1-AA1,1355,1714
938.30
(5) (c) (intro.) If the court finds that the juvenile was not responsible by
15reason of mental disease or defect, as described under s. 971.15
(1) and (2) (1g) (a)
16and (1r), the court shall dismiss the petition with prejudice and shall also do one of
17the following:".
SB55-ASA1-AA1,1355,20
19"
Section 3887. 938.21 (5) (b) of the statutes is renumbered 938.21 (5) (b)
20(intro.) and amended to read:
SB55-ASA1-AA1,1355,2221
938.21
(5) (b) (intro.) An order relating to a juvenile held in custody outside of
22his or her home shall also
describe include all of the following:
SB55-ASA1-AA1,1356,2
231. A description of any efforts that were made to permit the juvenile to remain
24at home and the services that are needed to ensure the juvenile's well-being, to
1enable the juvenile to return safely to his or her home
, and to involve the parents in
2planning for the juvenile.
SB55-ASA1-AA1,1356,94
938.21
(5) (b) 2. If the juvenile is held in custody outside the home in a
5placement recommended by the intake worker, a statement that the court approves
6the placement recommended by the intake worker or, if the juvenile is placed outside
7the home in a placement other than a placement recommended by the intake worker,
8a statement that the court has given bona fide consideration to the recommendations
9made by the intake worker and all parties relating to the placement of the juvenile.".
