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.".
SB55-ASA1-AA1,1357,1013
938.34
(8) Forfeiture. Impose a forfeiture based upon a determination that
14this disposition is in the best interest of the juvenile and in aid of rehabilitation. The
15maximum forfeiture that the court may impose under this subsection for a violation
16by a juvenile is the maximum amount of the fine that may be imposed on an adult
17for committing that violation or, if the violation is applicable only to a person under
1818 years of age, $100. Any such order shall include a finding that the juvenile alone
19is financially able to pay the forfeiture and shall allow up to 12 months for payment.
20If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order
21other alternatives under this section, in accordance with the conditions specified in
22this chapter; or the court may suspend any license issued under ch. 29 for not less
23than 30 days nor more than 5 years, or
, unless the forfeiture was imposed for
24violating an ordinance unrelated to the juvenile's operation of a motor vehicle, may
1suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more
2than 2 years. If the court suspends any license under this subsection, the clerk of the
3court shall immediately take possession of the suspended license and forward it to
4the department which issued the license, together with a notice of suspension clearly
5stating that the suspension is for failure to pay a forfeiture imposed by the court. If
6the forfeiture is paid during the period of suspension, the suspension shall be reduced
7to the time period which has already elapsed and the court shall immediately notify
8the department which shall then return the license to the juvenile. Any recovery
9under this subsection shall be reduced by the amount recovered as a forfeiture for
10the same act under s. 938.45 (1r) (b).
SB55-ASA1-AA1,1358,213
938.343
(2) Impose a forfeiture not to exceed the maximum forfeiture that may
14be imposed on an adult for committing that violation or, if the violation is only
15applicable to a person under 18 years of age, $50. Any such order shall include a
16finding that the juvenile alone is financially able to pay and shall allow up to 12
17months for the payment. If a juvenile fails to pay the forfeiture, the court may
18suspend any license issued under ch. 29 or
, unless the forfeiture was imposed for
19violating an ordinance unrelated to the juvenile's operation of a motor vehicle, may 20suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not
less 21more than 2 years. The court shall immediately take possession of the suspended
22license and forward it to the department which issued the license, together with the
23notice of suspension clearly stating that the suspension is for failure to pay a
24forfeiture imposed by the court. If the forfeiture is paid during the period of
25suspension, the court shall immediately notify the department, which will thereupon
1return the license to the person. Any recovery under this subsection shall be reduced
2by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).".
SB55-ASA1-AA1,1358,115
938.355
(2) (b) 6m. If the juvenile is placed outside the home in a placement
6recommended by the agency designated under s. 938.33 (1), a statement that the
7court approves the placement recommended by the agency or, if the juvenile is placed
8outside the home in a placement other than a placement recommended by that
9agency, a statement that the court has given bona fide consideration to the
10recommendations made by the agency and all parties relating to the juvenile's
11placement.".
SB55-ASA1-AA1,1358,2214
938.357
(2v) If a hearing is held under sub. (1) or (2m) and the change in
15placement would place the juvenile outside the home in a placement recommended
16by the person or agency primarily responsible for implementing the dispositional
17order, the change in placement order shall include a statement that the court
18approves the placement recommended by the person or agency or, if the juvenile is
19placed outside the home in a placement other than a placement recommended by that
20person or agency, a statement that the court has given bona fide consideration to the
21recommendations made by that person or agency and all parties relating to the
22juvenile's placement.".
SB55-ASA1-AA1,1359,3
1938.237
(1) The citation forms under s. 23.54, 66.0113,
278.54, 778.25, 778.26
2or 800.02 may be used to commence an action for a violation of civil laws and
3ordinances in the court.
SB55-ASA1-AA1,1359,135
938.237
(2) The procedures for issuance and filing of a citation, and for
6forfeitures, stipulations and deposits in ss. 23.50 to 23.67, 23.75 (3) and (4),
66.0113 766.0114, 278.50 to 278.67, 278.75 (3) and (4), 778.25, 778.26 and 800.01 to 800.04
8except s. 800.04 (2) (b), when the citation is issued by a law enforcement officer, shall
9be used as appropriate, except that this chapter shall govern taking and holding a
10juvenile in custody, s. 938.37 shall govern costs, penalty assessments and jail
11assessments, and a capias shall be substituted for an arrest warrant. Sections
1266.0113 (3) (c) and (d),
66.0317 66.0114 (1) and 778.10 as they relate to collection of
13forfeitures do not apply.".
SB55-ASA1-AA1,1359,2216
938.38
(2) Permanency plan required. (intro.) Except as provided in sub. (3),
17for each juvenile living in a foster home, treatment foster home, group home, child
18caring institution, secure detention facility
, or shelter care facility
or in the home of
19a relative, the agency that placed the juvenile or arranged the placement or the
20agency assigned primary responsibility for providing services to the juvenile under
21s. 938.355 shall prepare a written permanency plan, if any of the following conditions
22exists:
SB55-ASA1-AA1,1360,5
1938.38
(4) (f) (intro.) The services that will be provided to the juvenile, the
2juvenile's family
, and the juvenile's foster parent, the juvenile's treatment foster
3parent
or, the operator of the facility where the juvenile is living
, or the relative with
4whom the juvenile is living to carry out the dispositional order, including services
5planned to accomplish all of the following:
SB55-ASA1-AA1,1360,177
938.38
(5) (a) The court or a panel appointed under this paragraph shall review
8the permanency plan every 6 months from the date on which the juvenile was first
9held in physical custody or placed outside of his or her home
under a court order. If
10the court elects not to review the permanency plan, the court shall appoint a panel
11to review the permanency plan. The panel shall consist of 3 persons who are either
12designated by an independent agency that has been approved by the chief judge of
13the judicial administrative district or designated by the agency that prepared the
14permanency plan. A voting majority of persons on each panel shall be persons who
15are not employed by the agency that prepared the permanency plan and who are not
16responsible for providing services to the juvenile or the parents of the juvenile whose
17permanency plan is the subject of the review.
SB55-ASA1-AA1,1361,719
938.38
(5) (b) The court or the agency shall notify the parents of the juvenile,
20the juvenile if he or she is 10 years of age or older
, and the juvenile's foster parent,
21the juvenile's treatment foster parent
or, the operator of the facility in which the
22juvenile is living
, or the relative with whom the juvenile is living of the date, time
, 23and place of the review, of the issues to be determined as part of the review,
and of
24the fact that they may have an opportunity to be heard at the review by submitting
25written comments not less than 10 working days before the review or by
1participating at the review. The court or agency shall notify the person representing
2the interests of the public, the juvenile's counsel
, and the juvenile's guardian ad litem
3of the date of the review, of the issues to be determined as part of the review
, and of
4the fact that they may submit written comments not less than 10 working days before
5the review. The notices under this paragraph shall be provided in writing not less
6than 30 days before the review and copies of the notices shall be filed in the juvenile's
7case record.".
SB55-ASA1-AA1,1361,1610
940.20
(1d) Battery by certain detained or committed persons. Any person
11committed to the custody of the department of health and family services under s.
12971.17 and placed in a mental health institute under s. 51.05 or any person detained
13or committed to the department of health and family services under ch. 980 and
14placed in a facility specified under s. 980.065 who intentionally causes bodily harm
15to an officer, employee, visitor, or another patient of the institute or facility, without
16his or her consent, is guilty of a Class D felony.".
SB55-ASA1-AA1,1361,2119
942.06
(2m) (b) An employee or agent of the department of health and family
20services who conducts a lie detector test of a person under
the rules promulgated
21under s. 51.375.
SB55-ASA1-AA1,1362,223
942.06
(2q) (b) (intro.) An employee or agent of the department of health and
24family
services who discloses, to any of the following, the fact that a person has had
1a lie detector test under
the rules promulgated under s. 51.375 or the results of such
2a lie detector test:
SB55-ASA1-AA1,1362,64
942.06
(2q) (b) 1. Another employee or agent of the department of health and
5family services
or another person to whom disclosure is permitted under s. 51.375
6(2) (b).".
SB55-ASA1-AA1,1362,119
940.295
(2) (j) The Wisconsin
School
Educational Services Program for the
10Deaf
and Hard of Hearing under s. 115.52 and the Wisconsin Center for the Blind and
11Visually Impaired under s. 115.525.".
SB55-ASA1-AA1,1362,1714
943.01
(2d) (a) In this subsection, "plant research and development" means
15research regarding plants or development of plants, if the research or development
16is undertaken in conjunction or coordination with the state, a federal or local
17government agency, a university, or a private research facility.
SB55-ASA1-AA1,1362,1918
(b) Any person violating sub. (1) under all of the following circumstances is
19guilty of a Class E felony:
SB55-ASA1-AA1,1362,2220
1. The property damaged is a plant, material taken, extracted, or harvested
21from a plant, or a seed or other plant material that is being used or that will be used
22to grow or develop a plant.
SB55-ASA1-AA1,1363,3
12. The plant referred to in subd. 1. is or was being grown as feed for animals
2being used or to be used for commercial purposes, for other commercial purposes, or
3in conjunction with plant research and development.".