Amendment CA1-SSA1-SB55

SB55-SSA1-CA1,728,19 " Section 2853r. 165.017 (1) of the statutes is repealed.

SB55-SSA1-CA1, s. 2853s Section 2853s. 165.017 (2) of the statutes is amended to read:

SB55-SSA1-CA1,728,23 165.017 (2) The attorney general or his or her designee shall review and approve or disapprove all proposed petitions or petitions for commitment of individuals as specified under s. 51.20 (1) (ad) 1.

SB55-SSA1-CA1, s. 2853t Section 2853t. 165.017 (3) of the statutes is repealed.

SB55-SSA1-CA1, s. 2853u Section 2853u. 165.017 (5) of the statutes is repealed.".

SB55-SSA1-CA1,729,2 1272. Page 959, line 7: after that line insert:

SB55-SSA1-CA1,729,3 " Section 2854r. 165.25 (4) (a) of the statutes is amended to read:

SB55-SSA1-CA1,729,9 165.25 (4) (a) The department of justice shall furnish all legal services required by the investment board, the lottery division in the department of revenue, the public service commission, the department of transportation, the department of natural resources, the department of forestry, the department of tourism, and the department of employee trust funds, together with any other services, including stenographic and investigational, as are necessarily connected with the legal work.".

SB55-SSA1-CA1,729,10 1273. Page 959, line 14: after that line insert:

SB55-SSA1-CA1,729,12 " Section 2856b. 165.25 (4) (ar) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-SSA1-CA1,729,18 165.25 (4) (ar) The department of justice shall furnish all legal services required by the department of agriculture, trade and consumer protection relating to the enforcement of ss. 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.37, 100.42, 100.50 and 100.51 and chs. 126, 136, 344, 704, 707, and 779, together with any other services as are necessarily connected to the legal services.".

SB55-SSA1-CA1,729,19 1274. Page 959, line 24: after that line insert:

SB55-SSA1-CA1,729,20 " Section 2857g. 165.72 (title) of the statutes is amended to read:

SB55-SSA1-CA1,729,22 165.72 (title) Controlled Dangerous weapons in public schools and controlled substances hotline and rewards for controlled substances tips.

SB55-SSA1-CA1, s. 2857h Section 2857h. 165.72 (1) (a) of the statutes is renumbered 165.72 (1) (aj).

SB55-SSA1-CA1, s. 2857i Section 2857i. 165.72 (1) (ad) of the statutes is created to read:

SB55-SSA1-CA1,730,1 165.72 (1) (ad) "Dangerous weapon" has the meaning given in s. 939.22 (10).

SB55-SSA1-CA1, s. 2857j Section 2857j. 165.72 (2) (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,730,5 165.72 (2) Hotline. (intro.) The department of justice shall maintain a single toll-free telephone number during normal retail business hours, as determined by departmental rule, for both all of the following:

SB55-SSA1-CA1, s. 2857k Section 2857k. 165.72 (2) (c) of the statutes is created to read:

SB55-SSA1-CA1,730,8 165.72 (2) (c) For persons to provide information anonymously regarding dangerous weapons in public schools.

SB55-SSA1-CA1, s. 2857L Section 2857L. 165.72 (2g) of the statutes is created to read:

SB55-SSA1-CA1,730,16 165.72 (2g) After-hours message for calls concerning dangerous weapons in public schools. The department of justice shall provide for a person to answer telephone calls that are made after normal retail business hours to the telephone number under sub. (2). If a caller makes a telephone call after normal retail business hours regarding dangerous weapons in a public school, the person answering the telephone call shall request that the caller call the telephone number "911" or a local law enforcement agency.

SB55-SSA1-CA1, s. 2857m Section 2857m. 165.72 (2m) of the statutes is created to read:

SB55-SSA1-CA1,730,23 165.72 (2m) Transmission of information concerning dangerous weapons in public schools. Immediately upon receiving any information under sub. (2) (c) regarding dangerous weapons in a public school, or immediately at the beginning of the next retail business day if the information is not received during normal retail business hours, the department of justice shall provide the information to all of the following:

SB55-SSA1-CA1,730,24 (a) The administration of the public school.

SB55-SSA1-CA1,731,2 (b) The appropriate law enforcement agency, as defined in s. 165.83 (1) (b), for the municipality in which the public school is located.

SB55-SSA1-CA1, s. 2857n Section 2857n. 165.72 (7) of the statutes is amended to read:

SB55-SSA1-CA1,731,9 165.72 (7) Publicity. The From the appropriation under s. 20.455 (2) (a), the department shall purchase public information and promotion services regarding the toll-free telephone number under sub. (2). The department and any agency providing publicity services under this subsection shall cooperate with the department of public instruction in publicizing, in public schools, the use of the toll-free telephone number under sub. (2).".

SB55-SSA1-CA1,731,10 1275. Page 960, line 10: after that line insert:

SB55-SSA1-CA1,731,11 " Section 2858i. 165.85 (2) (a) of the statutes is renumbered 165.85 (2) (ah).

SB55-SSA1-CA1, s. 2858k Section 2858k. 165.85 (2) (ac) of the statutes is created to read:

SB55-SSA1-CA1,731,13 165.85 (2) (ac) "Alzheimer's disease" has the meaning given in s. 46.87 (1) (a).

SB55-SSA1-CA1, s. 2858n Section 2858n. 165.85 (4) (b) 1. of the statutes is amended to read:

SB55-SSA1-CA1,733,5 165.85 (4) (b) 1. No person may be appointed as a law enforcement or tribal law enforcement officer, except on a temporary or probationary basis, unless the person has satisfactorily completed a preparatory program of law enforcement training approved by the board and has been certified by the board as being qualified to be a law enforcement or tribal law enforcement officer. The program shall include 400 hours of training, except the program for law enforcement officers who serve as rangers for the department of natural resources includes 240 hours of training. The board shall promulgate a rule under ch. 227 providing a specific curriculum for a 400-hour conventional program and a 240-hour ranger program. The rule shall ensure that there is an adequate amount of training for each program to enable the person to deal effectively with domestic abuse incidents, including training that addresses the emotional and psychological effect that domestic abuse has on victims. The training under this subdivision shall include training on emergency detention standards and procedures under s. 51.15, emergency protective placement standards and procedures under s. 55.06 (11) and information on mental health and developmental disabilities agencies and other resources that may be available to assist the officer in interpreting the emergency detention and emergency protective placement standards, making emergency detentions and emergency protective placements and locating appropriate facilities for the emergency detentions and emergency protective placements of persons. The training under this subdivision shall include at least one hour of instruction on recognizing the symptoms of Alzheimer's disease or other related dementias and interacting with and assisting persons who have Alzheimer's disease or other related dementias. The training under this subdivision shall include training on police pursuit standards, guidelines and driving techniques established under par. (cm) 2. b. The period of temporary or probationary employment established at the time of initial employment shall not be extended by more than one year for an officer lacking the training qualifications required by the board. The total period during which a person may serve as a law enforcement and tribal law enforcement officer on a temporary or probationary basis without completing a preparatory program of law enforcement training approved by the board shall not exceed 2 years, except that the board shall permit part-time law enforcement and tribal law enforcement officers to serve on a temporary or probationary basis without completing a program of law enforcement training approved by the board to a period not exceeding 3 years. For purposes of this section, a part-time law enforcement or tribal law enforcement officer is a law enforcement or tribal law enforcement officer who routinely works not more than one-half the normal annual work hours of a full-time employee of the employing agency or unit of government. Law enforcement training programs including municipal, county and state programs meeting standards of the board are acceptable as meeting these training requirements.

SB55-SSA1-CA1, s. 2858p Section 2858p. 165.85 (4) (bn) 1m. of the statutes is amended to read:

SB55-SSA1-CA1,733,13 165.85 (4) (bn) 1m. Each officer who is subject to subd. 1. shall biennially complete at least 4 hours of training from curricula based upon model standards promulgated by the board under par. (cm) 2. b. and at least one hour of training on recognizing the symptoms of Alzheimer's disease or other related dementias and interacting with and assisting persons who have Alzheimer's disease or other related dementias. Hours of training completed under this subdivision shall count toward the hours of training required under subd. 1.".

SB55-SSA1-CA1,733,14 1276. Page 960, line 10: after that line insert:

SB55-SSA1-CA1,733,15 " Section 2858c. 165.77 (2) (a) 2. of the statutes is amended to read:

SB55-SSA1-CA1,734,2 165.77 (2) (a) 2. The laboratories may compare the data obtained from the specimen with data obtained from other specimens. The laboratories may make data obtained from any analysis and comparison available to law enforcement agencies in connection with criminal or delinquency investigations and, upon request, to any prosecutor, defense attorney or subject of the data. The data may be used in criminal and delinquency actions and proceedings. In this state, the use is subject to s. 972.11 (5). The laboratories shall not include data obtained from deoxyribonucleic acid analysis of those specimens received under this paragraph in the data bank under sub. (3). The laboratories shall destroy specimens obtained under this paragraph after analysis has been completed and the applicable court proceedings have concluded.

SB55-SSA1-CA1, s. 2858e Section 2858e. 165.77 (2m) of the statutes is created to read:

SB55-SSA1-CA1,734,7 165.77 (2m) (a) If the laboratories receive biological material under a court order issued under s. 974.07 (8), the laboratories shall analyze the deoxyribonucleic acid in the material and submit the results of the analysis to the court that ordered the analysis.

SB55-SSA1-CA1,734,15 (b) The laboratories may compare the data obtained from material received under par. (a) with data obtained from other specimens. The laboratories may make data obtained from any analysis and comparison available to law enforcement agencies in connection with criminal or delinquency investigations and, upon request, to any prosecutor, defense attorney, or subject of the data. The data may be used in criminal and delinquency actions and proceedings. The laboratories shall not include data obtained from deoxyribonucleic acid analysis of material received under par. (a) in the data bank under sub. (3).

SB55-SSA1-CA1,734,17 (c) Paragraph (b) does not apply to specimens received under s. 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) (a), 973.047, or 980.063.

SB55-SSA1-CA1, s. 2858g Section 2858g. 165.77 (3) of the statutes is amended to read:

SB55-SSA1-CA1,735,6 165.77 (3) If the laboratories receive a human biological specimen under s. 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) (a), 973.047 or 980.063, the laboratories shall analyze the deoxyribonucleic acid in the specimen. The laboratories shall maintain a data bank based on data obtained from deoxyribonucleic acid analysis of those specimens. The laboratories may compare the data obtained from one specimen with the data obtained from other specimens. The laboratories may make data obtained from any analysis and comparison available to law enforcement agencies in connection with criminal or delinquency investigations and, upon request, to any prosecutor, defense attorney or subject of the data. The data may be used in criminal and delinquency actions and proceedings. In this state, the use is subject to s. 972.11 (5). The laboratories shall destroy specimens obtained under this subsection after analysis has been completed and the applicable court proceedings have concluded.

SB55-SSA1-CA1, s. 2858i Section 2858i. 165.81 (1) of the statutes is amended to read:

SB55-SSA1-CA1,735,21 165.81 (1) Whenever the department is informed by the submitting officer or agency that physical evidence in the possession of the laboratories is no longer needed the department may, except as provided in sub. (3) or unless otherwise provided by law, either destroy the same evidence, retain it in the laboratories, return it to the submitting officer or agency, or turn it over to the University of Wisconsin upon the request of the head of any department. Whenever of the University of Wisconsin. If the department returns the evidence to the submitting officer or agency, any action taken by the officer or agency with respect to the evidence shall be in accordance with s. 968.20. Except as provided in sub. (3), whenever the department receives information from which it appears probable that the evidence is no longer needed, the department may give written notice to the submitting agency and the appropriate district attorney, by registered mail, of the intention to dispose of the evidence. If no objection is received within 20 days after the notice was mailed, it may dispose of the evidence.

SB55-SSA1-CA1, s. 2858k Section 2858k. 165.81 (3) of the statutes is created to read:

SB55-SSA1-CA1,735,23 165.81 (3) (a) In this subsection:

SB55-SSA1-CA1,735,24 1. "Custody" has the meaning given in s. 968.205 (1) (a).

SB55-SSA1-CA1,735,25 2. "Discharge date" has the meaning given in s. 968.205 (1) (b).

SB55-SSA1-CA1,736,6 (b) Except as provided in par. (c), if physical evidence that is in the possession of the laboratories includes any biological material that was collected in connection with a criminal investigation that resulted in a criminal conviction, a delinquency adjudication, or commitment under s. 971.17 or 980.06, the laboratories shall preserve the physical evidence until every person in custody as a result of the conviction, adjudication, or commitment has reached his or her discharge date.

SB55-SSA1-CA1,736,8 (c) Subject to par. (e), the department may destroy biological material before the expiration of the time period specified in par. (b) if all of the following apply:

SB55-SSA1-CA1,736,12 1. The department sends a notice of its intent to destroy the biological material to all persons who remain in custody as a result of the criminal conviction, delinquency adjudication, or commitment, and to either the attorney of record for each person in custody or the state public defender.

SB55-SSA1-CA1,736,14 2. No person who is notified under subd. 1. does either of the following within 90 days after the date on which the person received the notice:

SB55-SSA1-CA1,736,15 a. Files a motion for testing of the biological material under s. 974.07 (2).

SB55-SSA1-CA1,736,17 b. Submits a written request to preserve the biological material to the department.

SB55-SSA1-CA1,736,19 3. No other provision of federal or state law requires the department to preserve the biological material.

SB55-SSA1-CA1,736,24 (d) A notice provided under par. (c) 1. shall clearly inform the recipient that the biological material will be destroyed unless, within 90 days after the date on which the person receives the notice, either a motion for testing of the material is filed under s. 974.07 (2) or a written request to preserve the material is submitted to the department.

SB55-SSA1-CA1,737,6 (e) If, after providing notice under par. (c) 1. of its intent to destroy biological material, the department receives a written request to preserve the material, the department shall preserve the material until the discharge date of the person who made the request or on whose behalf the request was made, subject to a court order issued under s. 974.07 (7), (9) (a), or (10) (a) 5., unless the court orders destruction or transfer of the biological material under s. 974.07 (9) (b) or (10) (a) 5.

SB55-SSA1-CA1,737,12 (f) Unless otherwise provided in a court order issued under s. 974.07 (9) (a) or (b) or (10) (a) 5., nothing in this subsection prohibits the laboratories from returning evidence that must be preserved under par. (b) or (e) to the agency that submitted the evidence to the laboratories. If the laboratories return evidence that must be preserved under par. (b) or (e) to a submitting agency, any action taken by the agency with respect to the evidence shall be in accordance with s. 968.205.".

SB55-SSA1-CA1,737,13 1277. Page 960, line 10: after that line insert:

SB55-SSA1-CA1,737,15 " Section 2859m. 165.85 (4) (b) 1. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-SSA1-CA1,739,6 165.85 (4) (b) 1. No person may be appointed as a law enforcement or tribal law enforcement officer, except on a temporary or probationary basis, unless the person has satisfactorily completed a preparatory program of law enforcement training approved by the board and has been certified by the board as being qualified to be a law enforcement or tribal law enforcement officer. The program shall include 400 hours of training, except that the program for law enforcement officers who serve as rangers for the department of natural resources or the department of forestry includes 240 hours of training. The board shall promulgate a rule under ch. 227 providing a specific curriculum for a 400-hour conventional program and a 240-hour ranger program. The rule shall ensure that there is an adequate amount of training for each program to enable the person to deal effectively with domestic abuse incidents, including training that addresses the emotional and psychological effect that domestic abuse has on victims. The training under this subdivision shall include training on emergency detention standards and procedures under s. 51.15, emergency protective placement standards and procedures under s. 55.06 (11) and information on mental health and developmental disabilities agencies and other resources that may be available to assist the officer in interpreting the emergency detention and emergency protective placement standards, making emergency detentions and emergency protective placements and locating appropriate facilities for the emergency detentions and emergency protective placements of persons. The training under this subdivision shall include at least one hour of instruction on recognizing the symptoms of Alzheimer's disease or other related dementias and interacting with and assisting persons who have Alzheimer's disease or other related dementias. The training under this subdivision shall include training on police pursuit standards, guidelines and driving techniques established under par. (cm) 2. b. The period of temporary or probationary employment established at the time of initial employment shall not be extended by more than one year for an officer lacking the training qualifications required by the board. The total period during which a person may serve as a law enforcement and tribal law enforcement officer on a temporary or probationary basis without completing a preparatory program of law enforcement training approved by the board shall not exceed 2 years, except that the board shall permit part-time law enforcement and tribal law enforcement officers to serve on a temporary or probationary basis without completing a program of law enforcement training approved by the board to a period not exceeding 3 years. For purposes of this section, a part-time law enforcement or tribal law enforcement officer is a law enforcement or tribal law enforcement officer who routinely works not more than one-half the normal annual work hours of a full-time employee of the employing agency or unit of government. Law enforcement training programs including municipal, county and state programs meeting standards of the board are acceptable as meeting these training requirements.".

SB55-SSA1-CA1,739,7 1278. Page 965, line 4: after that line insert:

SB55-SSA1-CA1,739,8 " Section 2881ae. 167.10 (2) of the statutes is amended to read:

SB55-SSA1-CA1,739,10 167.10 (2) Sale. No person may sell or possess with intent to sell fireworks, except to any of the following:

SB55-SSA1-CA1,739,11 (a) To a A person holding a permit under sub. (3) (c);.

SB55-SSA1-CA1,739,12 (b) To a A city, village, or town; or.

SB55-SSA1-CA1,739,13 (c) For A person for a purpose specified under sub. (3) (b) 2. to 6.

SB55-SSA1-CA1, s. 2881af Section 2881af. 167.10 (2) (d) of the statutes is created to read:

SB55-SSA1-CA1,739,16 167.10 (2) (d) A nonresident person who, prior to the sale, gives the seller a signed statement indicating that the fireworks are for use outside of this state.

SB55-SSA1-CA1, s. 2881ag Section 2881ag. 167.10 (3) (title) of the statutes is repealed and recreated to read:

SB55-SSA1-CA1,739,19 167.10 (3) (title) Possession and use.

SB55-SSA1-CA1, s. 2881ah Section 2881ah. 167.10 (3) (a) of the statutes is amended to read:

SB55-SSA1-CA1,740,5 167.10 (3) (a) No Except as otherwise provided in this paragraph, no person may possess or use fireworks without a user's permit from the mayor of the city, president of the village, or chairperson of the town in which the possession or use is to occur or from an official or employee of that municipality designated by the mayor, president, or chairperson. This paragraph does not prohibit the possession of fireworks with intent to sell the fireworks in compliance with sub. (2). No person may use fireworks or a device listed under sub. (1) (e) to (g) or (i) to (n) while attending a fireworks display for which a permit has been issued to a person listed under par. (c) 1. to 5. or under par. (c) 6. if the display is open to the general public.

SB55-SSA1-CA1, s. 2881aj Section 2881aj. 167.10 (3) (b) (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,740,8 167.10 (3) (b) (intro.) Paragraph (a) does The prohibitions under par. (a) do not apply to:

SB55-SSA1-CA1, s. 2881ak Section 2881ak. 167.10 (3) (b) 8. of the statutes is created to read:

SB55-SSA1-CA1,740,13 167.10 (3) (b) 8. Except as provided in par. (bm), the possession of fireworks by a nonresident person in any city, town, or village if the nonresident person intends to use the fireworks outside of this state and is transporting the fireworks to a location outside of this state.

SB55-SSA1-CA1, s. 2881am Section 2881am. 167.10 (3) (bm) of the statutes is amended to read:

SB55-SSA1-CA1,740,18 167.10 (3) (bm) Paragraph (a) applies to a person transporting fireworks under par. (b) 7. or 8. if, in the course of transporting the fireworks through a city, town, or village, the person remains in that city, town, or village for a period of at least 12 hours.

SB55-SSA1-CA1, s. 2881an Section 2881an. 167.10 (4) of the statutes is amended to read:

SB55-SSA1-CA1,741,2 167.10 (4) Out-of-state and in-state shipping. Shipping and transporting. This section does not prohibit a resident wholesaler or jobber from selling fireworks to a nonresident person outside of this state or to a person or group granted a permit under sub. (3) (c) 1. to 7. A resident wholesaler or resident jobber that ships the fireworks sold under this subsection shall package and ship the fireworks in accordance with applicable state and federal law by, as defined in s. 194.01 (1), (2), and (11), common motor carrier, contract motor carrier, or private motor carrier.

SB55-SSA1-CA1, s. 2881ap Section 2881ap. 167.10 (8) (b) of the statutes is amended to read:

SB55-SSA1-CA1,741,12 167.10 (8) (b) Fireworks stored, handled, sold, possessed, or used by a person who violates this section, an ordinance adopted under sub. (5) sub. (6m) (a), (b), or (c); a rule promulgated under sub. (6m) (e); or a court order under par. (a) may be seized and held as evidence of the violation. Except as provided in s. 968.20 (4), only the fireworks that are the subject of a violation of this section, an ordinance adopted under sub. (5), or a court order under par. (a) may be destroyed after conviction for a violation. Except as provided in s. 968.20 (4), fireworks that are seized as evidence of a violation for which no conviction results shall be returned to the owner in the same condition as they were when seized to the extent practicable.".

SB55-SSA1-CA1,741,13 1279. Page 983, line 3: after that line insert:

SB55-SSA1-CA1,741,14 " Section 2917b. 180.0122 (1) (a) of the statutes is amended to read: