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.".
SB55-ASA1-AA1,1363,96
943.01
(5) The department of
natural resources fish, wildlife, parks, and
7forestry shall maintain a registry of prominent features in the landscape of
8state-owned land. To be included on the registry, a feature must have significant
9value to the people of this state.".
SB55-ASA1-AA1,1363,13
12943.21 (title)
Fraud on hotel or restaurant keeper or, taxicab operator,
13or gas station.
SB55-ASA1-AA1,1363,1715
943.21
(1) (d) Having obtained gasoline or diesel fuel from a service station,
16garage, or other place where gasoline or diesel fuel is sold at retail or offered for sale
17at retail, intentionally absconds without paying for the gasoline or diesel fuel.
SB55-ASA1-AA1,1363,2219
943.21
(2r) The refusal to pay a service station, garage, or other place where
20gasoline or diesel fuel is sold at retail or offered for sale at retail the established
21charge for gasoline or diesel fuel provided by the service station, garage, or other
22place constitutes prima facie evidence of an intent to abscond without payment.
SB55-ASA1-AA1, s. 3939ct
23Section 3939ct. 943.21 (3) of the statutes is renumbered 943.21 (3) (am) and
24amended to read:
SB55-ASA1-AA1,1364,1
1943.21
(3) (am) Whoever violates
this section sub. (1) (a), (b), or (c):".
SB55-ASA1-AA1,1364,88
943.21
(3) (bm) Whoever violates sub. (1) (d) is subject to a Class D forfeiture.
SB55-ASA1-AA1,1364,1710
943.21
(3m) If a person is found to have violated sub. (1) (d), the court shall,
11in addition to the penalty provided in sub. (3) (bm), suspend the person's operating
12privilege, as defined in s. 340.01 (40), for not more than 6 months, except that if the
13person has previously had his or her operating privilege suspended under this
14subsection the court shall suspend the person's operating privilege for one year. The
15court shall immediately take possession of any suspended license and forward it to
16the department of transportation together with the judgment of violation and notice
17of the suspension.
SB55-ASA1-AA1,1364,20
19943.212 (title)
Fraud on hotel or restaurant keeper or, taxicab operator
20or gas station; civil liability.
SB55-ASA1-AA1,1365,222
943.212
(1) (a) The retail value of the beverage, food, lodging, accommodation,
23gasoline or diesel fuel, transportation or service involved in the violation. A person
24may recover under this paragraph only if he or she exercises due diligence in
1demanding payment for the beverage, food, lodging, accommodation,
gasoline or
2diesel fuel, transportation or service.
SB55-ASA1-AA1,1365,134
943.212
(4) At least 20 days prior to commencing an action, as specified in s.
5801.02, under this section, the plaintiff shall notify the defendant, by mail, of his or
6her intent to bring the action and of the acts constituting the basis for the violation
7of s. 943.21. The plaintiff shall send the notice by regular mail supported by an
8affidavit of service of mailing or by a certificate of mailing obtained from the U.S. post
9office from which the mailing was made. The plaintiff shall mail the notice to the
10defendant's last-known address or to the address provided on the check or order. If
11the defendant pays the amount due for the beverage, food, lodging, accommodation,
12gasoline or diesel fuel, transportation or service prior to the commencement of the
13action, he or she is not liable under this section.".
SB55-ASA1-AA1,1365,19
16943.76 Infecting animals with a contagious disease. (1) In this section,
17"livestock" means cattle, horses, swine, sheep, goats, farm-raised deer, as defined in
18s. 95.001 (1) (a), and other animals used or to be used in the production of food, fiber,
19or other commercial products.
SB55-ASA1-AA1,1365,21
20(2) (a) Whoever intentionally introduces a contagious or infectious disease into
21livestock without the consent of the owner of the livestock is guilty of a Class C felony.
SB55-ASA1-AA1,1365,2422
(b) Whoever intentionally introduces a contagious or infectious disease into
23wild deer without the consent of the department of natural resources is guilty of a
24Class C felony.".
SB55-ASA1-AA1,1366,103
943.75
(3) Subsections (2) and (2m) do not apply to any humane officer, local
4health officer, peace officer, employee of the department of
natural resources fish,
5wildlife, parks, and forestry while on any land licensed under s. 29.865, 29.867,
629.869 or 29.871 or designated as a wildlife refuge under s. 29.621 (1) or employee
7of the department of agriculture, trade and consumer protection if the officer's or
8employee's acts are in good faith and in an apparently authorized and reasonable
9fulfillment of his or her duties. This subsection does not limit any other person from
10claiming the defense of privilege under s. 939.45 (3).".
SB55-ASA1-AA1,1366,1513
946.42
(3) (h) Detained under s. 980.04 or committed to the department of
14health and family services under s. 980.06 and placed in institutional care under s.
15980.065.".
SB55-ASA1-AA1,1366,2321
948.13
(1) (a) A crime under s. 940.22 (2) or 940.225 (2) (c) or (cm), if the victim
22is under 18 years of age at the time of the offense, or a crime under s. 948.02 (1)
or
23(2), 948.025 (1), 948.05 (1) or (1m), 948.06
, or 948.07 (1), (2), (3)
, or (4).
SB55-ASA1-AA1,1367,7
1948.13
(2m) (a) (intro.) A person who has been convicted of a crime under s.
2948.02 (2) or 948.025 (1) may petition the court in which he or she was convicted to
3order that the person be exempt from sub. (2) and permitted to engage in an
4occupation or participate in a volunteer position that requires the person to work or
5interact primarily and directly with children under 16 years of age. The court may
6grant a petition filed under this paragraph if the court finds that all of the following
7apply:
SB55-ASA1-AA1,1367,129
948.13
(2m) (a) 1. At the time of the commission of the crime under s.
948.02
10(2) or 948.025 (1) the person had not attained the age of 19 years and was not more
11than 4 years older or not more than 4 years younger than the child with whom the
12person had sexual contact or sexual intercourse.".
SB55-ASA1-AA1,1367,1615
971.06
(1) (am) Guilty but mentally ill, if the defendant is charged with a crime
16under s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.09, or 940.10.".
SB55-ASA1-AA1,1368,1919
968.20
(3) (a) First class cities shall dispose of dangerous weapons or
20ammunition seized 12 months after taking possession of them if the owner,
21authorized under sub. (1m), has not requested their return and if the dangerous
22weapon or ammunition is not required for evidence or use in further investigation
23and has not been disposed of pursuant to a court order at the completion of a criminal
24action or proceeding. Disposition procedures shall be established by ordinance or
1resolution and may include provisions authorizing an attempt to return to the
2rightful owner any dangerous weapons or ammunition which appear to be stolen or
3are reported stolen. If enacted, any such provision shall include a presumption that
4if the dangerous weapons or ammunition appear to be or are reported stolen an
5attempt will be made to return the dangerous weapons or ammunition to the
6authorized rightful owner. If the return of a seized dangerous weapon other than a
7firearm is not requested by its rightful owner under sub. (1) and is not returned by
8the officer under sub. (2), the city shall safely dispose of the dangerous weapon or,
9if the dangerous weapon is a motor vehicle, as defined in s. 340.01 (35), sell the motor
10vehicle following the procedure under s. 973.075 (4) or authorize a law enforcement
11agency to retain and use the motor vehicle. If the return of a seized firearm or
12ammunition is not requested by its authorized rightful owner under sub. (1) and is
13not returned by the officer under sub. (2), the seized firearm or ammunition shall be
14shipped to and become property of the state crime laboratories. A person designated
15by the department of justice may destroy any material for which the laboratory has
16no use or arrange for the exchange of material with other public agencies. In lieu of
17destruction, shoulder weapons for which the laboratories have no use shall be turned
18over to the department of
natural resources fish, wildlife, parks, and forestry for sale
19and distribution of proceeds under s. 29.934.
SB55-ASA1-AA1,1369,1921
968.20
(3) (b) Except as provided in par. (a) or sub. (1m) or (4), a city, village,
22town or county or other custodian of a seized dangerous weapon or ammunition, if
23the dangerous weapon or ammunition is not required for evidence or use in further
24investigation and has not been disposed of pursuant to a court order at the
25completion of a criminal action or proceeding, shall make reasonable efforts to notify
1all persons who have or may have an authorized rightful interest in the dangerous
2weapon or ammunition of the application requirements under sub. (1). If, within 30
3days after the notice, an application under sub. (1) is not made and the seized
4dangerous weapon or ammunition is not returned by the officer under sub. (2), the
5city, village, town or county or other custodian may retain the dangerous weapon or
6ammunition and authorize its use by a law enforcement agency, except that a
7dangerous weapon used in the commission of a homicide or a handgun, as defined
8in s. 175.35 (1) (b), may not be retained. If a dangerous weapon other than a firearm
9is not so retained, the city, village, town or county or other custodian shall safely
10dispose of the dangerous weapon or, if the dangerous weapon is a motor vehicle, as
11defined in s. 340.01 (35), sell the motor vehicle following the procedure under s.
12973.075 (4). If a firearm or ammunition is not so retained, the city, village, town or
13county or other custodian shall ship it to the state crime laboratories and it is then
14the property of the laboratories. A person designated by the department of justice
15may destroy any material for which the laboratories have no use or arrange for the
16exchange of material with other public agencies. In lieu of destruction, shoulder
17weapons for which the laboratory has no use shall be turned over to the department
18of
natural resources fish, wildlife, parks, and forestry for sale and distribution of
19proceeds under s. 29.934.".
SB55-ASA1-AA1,1370,3
1971.15
(1g) (b) In this section and ss. 971.16 to 971.165, "mental illness" means
2a substantial disorder of thought, mood or behavior that afflicted a person at the time
3that he or she engaged in criminal conduct and that impaired the person's judgment.
SB55-ASA1-AA1,1370,126
971.15
(2m) A person charged with a crime under s. 940.01, 940.02, 940.03,
7940.05, 940.06, 940.07, 940.08, 940.09 or 940.10 may be found guilty but mentally
8ill if, at the time the person engaged in criminal conduct, he or she was suffering from
9a mental illness but did not lack substantial capacity either to appreciate the
10wrongfulness of his or her conduct or to conform his or her conduct to the
11requirements of law as a result of mental disease or defect. A person who is found
12guilty but mentally ill is not relieved of criminal responsibility.
SB55-ASA1-AA1,1371,514
971.16
(3) (intro.) Not less than 10 days before trial, or at any other time that
15the court directs, any physician or psychologist appointed under sub. (2) shall file a
16report of his or her examination of the defendant with the judge, who shall cause
17copies to be transmitted to the district attorney and to counsel for the defendant.
The 18Except as provided in ss. 971.163 (2) (a) and (3) and 973.017 (4), the contents of the
19report shall be confidential until the physician or psychologist has testified or at the
20completion of the trial. The report shall contain an opinion regarding the ability of
21the defendant to appreciate the wrongfulness of the defendant's conduct or to
22conform the defendant's conduct with the requirements of law at the time of the
23commission of the criminal offense charged and, if sufficient information is available
24to the physician or psychologist to reach an opinion, his or her opinion on whether
25the defendant needs medication or treatment and whether the defendant is not
1competent to refuse medication or treatment. The defendant is not competent to
2refuse medication or treatment if, because of mental illness, developmental
3disability, alcoholism or drug dependence, and after the advantages and
4disadvantages of and alternatives to accepting the particular medication or
5treatment have been explained to the defendant, one of the following is true:
SB55-ASA1-AA1,1371,13
7971.163 Entry of plea of guilty but mentally ill. (1) If a defendant charged
8with a crime under s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.09,
9or 940.10 has entered a plea of not guilty by reason of mental disease or defect and
10has been examined under s. 971.16, the defendant may waive his or her right to a
11trial under s. 971.165 and, with the approval of the district attorney, withdraw the
12plea of not guilty by reason of mental disease or defect and, instead of a plea of guilty
13or no contest, enter a plea of guilty but mentally ill.
