Amendment CA1-SSA1-SB55

SB55-SSA1-CA1,959,3 (6) Any party to a court proceeding may object to the use of any qualified interpreter for good cause. The court may remove a qualified interpreter for good cause.

SB55-SSA1-CA1,959,6 (7) The delay resulting from the need to locate and appoint a qualified interpreter may constitute good cause for the court to toll the time limitations in the court proceeding.

SB55-SSA1-CA1,959,9 (8) (a) Except as provided in par. (b), the necessary expenses of providing qualified interpreters to indigent persons with limited English proficiency under this section shall be paid as follows:

SB55-SSA1-CA1,959,13 1. The county in which the circuit court is located shall pay the expenses in all proceedings before a circuit court and when the clerk of circuit court uses a qualified interpreter under sub. (3) (d). The county shall be reimbursed as provided in s. 758.19 (8) for expenses paid under this subdivision.

SB55-SSA1-CA1,959,15 2. The court of appeals shall pay the expenses in all proceedings before the court of appeals.

SB55-SSA1-CA1,959,17 3. The supreme court shall pay the expenses in all proceedings before the supreme court.

SB55-SSA1-CA1,959,20 (b) The state public defender shall pay the expenses for interpreters assisting the state public defender in representing an indigent person in preparing for court proceedings.".

SB55-SSA1-CA1,959,21 1496. Page 1217, line 8: delete "3 years" and substitute "one year".

SB55-SSA1-CA1,959,22 1497. Page 1217, line 19: delete lines 19 and 20.

SB55-SSA1-CA1,959,23 1498. Page 1217, line 21: delete "or the department of justice under sub. (3)".

SB55-SSA1-CA1,959,24 1499. Page 1218, line 8: after that line insert:

SB55-SSA1-CA1,960,1 " Section 3862yg. 893.66 (title) of the statutes is amended to read:

SB55-SSA1-CA1,960,3 893.66 (title) Accountants Certified public accountants; limitations of actions.

SB55-SSA1-CA1, s. 3862yr Section 3862yr. 893.66 (1) of the statutes is amended to read:

SB55-SSA1-CA1,960,9 893.66 (1) Except as provided in subs. (1m) to (4), an action to recover damages, based on tort, contract or other legal theory, against any certified public accountant licensed or certified under ch. 442 for an act or omission in the performance of professional accounting services shall be commenced within 6 years from the date of the act or omission or be barred.".

SB55-SSA1-CA1,960,10 1500. Page 1219, line 4: after that line insert:

SB55-SSA1-CA1,960,11 " Section 3871t. 895.80 (1) of the statutes is amended to read:

SB55-SSA1-CA1,960,17 895.80 (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-SSA1-CA1, s. 3871u Section 3871u. 895.80 (3m) of the statutes is created to read:

SB55-SSA1-CA1,960,21 895.80 (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-SSA1-CA1,961,3 (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-SSA1-CA1, s. 3871w Section 3871w. 895.80 (5) of the statutes is amended to read:

SB55-SSA1-CA1,961,10 895.80 (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-SSA1-CA1,961,11 1501. Page 1219, line 4: after that line insert:

SB55-SSA1-CA1,961,12 " Section 3871m. 898.14 of the statutes is repealed.".

SB55-SSA1-CA1,961,13 1502. Page 1219, line 4: after that line insert:

SB55-SSA1-CA1,961,14 " Section 3871m. 895.81 of the statutes is created to read:

SB55-SSA1-CA1,961,18 895.81 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-SSA1-CA1,961,21 (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-SSA1-CA1,961,23 (3) If the plaintiff prevails in a civil action under sub. (1), he or she may recover all of the following:

SB55-SSA1-CA1,961,24 (a) Treble damages.

SB55-SSA1-CA1,962,1 (b) All costs of investigation and litigation that were reasonably incurred.

SB55-SSA1-CA1,962,4 (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-SSA1-CA1,962,5 1503. Page 1219, line 4: after that line insert:

SB55-SSA1-CA1,962,6 " Section 3866d. 895.52 (2) (a) 2. of the statutes is amended to read:

SB55-SSA1-CA1,962,8 895.52 (2) (a) 2. A duty to inspect the property, except as provided under s. ss. 23.115 (2) and 28.045 (3).

SB55-SSA1-CA1, s. 3866h Section 3866h. 895.52 (3) (b) of the statutes is amended to read:

SB55-SSA1-CA1,962,14 895.52 (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 under s. 23.115, designated by the department of forestry under s. 28.045 or designated by another state agency for a recreational activity.

SB55-SSA1-CA1, s. 3866p Section 3866p. 895.53 (1) (am) of the statutes is created to read:

SB55-SSA1-CA1,962,17 895.53 (1) (am) "State forest ranger" means a person appointed as a state forest ranger by the department of forestry under s. 28.92.

SB55-SSA1-CA1, s. 3866t Section 3866t. 895.53 (2) of the statutes is amended to read:

SB55-SSA1-CA1,962,24 895.53 (2) Any person withdrawing blood at the request of a traffic officer, law enforcement officer, state forest ranger, or conservation warden for the purpose of determining the presence or quantity of alcohol, controlled substances, controlled substance analogs or any combination of alcohol, controlled substances and controlled substance analogs is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.".

SB55-SSA1-CA1,963,1 1504. Page 1219, line 9: substitute "885.38 (1) (b)," for "885.37 (1g),".

SB55-SSA1-CA1,963,2 1505. Page 1219, line 15: after that line insert:

SB55-SSA1-CA1,963,3 " Section 3872v. 908.03 (6m) (b) (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,963,7 908.03 (6m) (b) Authentication witness unnecessary. (intro.) A The testimony of a custodian or other qualified witness required by sub. (6) is unnecessary if the party who intends to offer health care provider records into evidence at a trial or hearing does one of the following at least 40 20 days before the trial or hearing:".

SB55-SSA1-CA1,963,8 1506. Page 1219, line 15: after that line insert:

SB55-SSA1-CA1,963,9 " Section 3872x. 908.03 (6m) (d) of the statutes is amended to read:

SB55-SSA1-CA1,963,16 908.03 (6m) (d) Fees. The Before January 1, 2003, the department of health and family services shall, by rule, prescribe uniform fees that are based on an approximation of the actual costs. The fees, plus applicable tax, are the maximum amount that a health care provider may charge under par. (c) 3. for certified duplicate patient health care records. The rule shall also allow the health care provider to charge for actual postage or other actual delivery costs. The commencement of an action is not a prerequisite for the application of this paragraph.

SB55-SSA1-CA1, s. 3872y Section 3872y. 908.03 (6m) (d) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-SSA1-CA1,964,4 908.03 (6m) (d) Fees. Before January 1, 2003 After December 31, 2002, the department of health and family services shall, by rule, prescribe uniform fees that are based on an approximation of actual costs. The fees, plus applicable tax, are the maximum amount that a health care provider may charge for certified duplicate patient health care records. The rule shall also allow the health care provider to charge for actual postage or other actual delivery costs. The commencement of an action is not a prerequisite for the application of this paragraph For duplicate patient health care records and duplicate X-ray reports or the referral of X-rays to another health care provider that are requested before commencement of an action, s. 146.83 (1) (b) and (c) and (3m) applies.".

SB55-SSA1-CA1,964,5 1507. Page 1219, line 16: delete lines 16 to 21.

SB55-SSA1-CA1,964,6 1508. Page 1219, line 21: after that line insert:

SB55-SSA1-CA1,964,7 " Section 3878e. 938.17 (2) (h) 1. of the statutes is amended to read:

SB55-SSA1-CA1,964,21 938.17 (2) (h) 1. If a juvenile who has violated a municipal ordinance, other than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition of his or her dispositional order, the municipal court may impose on the juvenile any of the sanctions specified in s. 938.355 (6) (d) 2. to 4. 5. that are authorized under par. (cm) except for monitoring by an electronic monitoring system or may petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the juvenile the sanction specified in s. 938.355 (6) (d) 1. or home detention with monitoring by an electronic monitoring system as specified in s. 938.355 (6) (d) 3., if authorized under par. (cm), if at the time of judgment the court explained the conditions to the juvenile and informed the juvenile of the possible sanctions under s. 938.355 (6) (d) that are authorized under par. (cm) for a violation or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions.".

SB55-SSA1-CA1,964,22 1509. Page 1219, line 21: after that line insert:

SB55-SSA1-CA1,964,23 " Section 3878. 938.17 (2) (d) of the statutes is amended to read:

SB55-SSA1-CA1,965,16 938.17 (2) (d) If a municipal court finds that the juvenile violated a municipal ordinance other than an ordinance enacted under s. 118.163 or an ordinance that conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 961.573 (2), 961.574 (2) or 961.575 (2), the court shall enter any of the dispositional orders permitted under s. 938.343 that are authorized under par. (cm). If a juvenile fails to pay the forfeiture imposed by the municipal court, the court may not impose a jail sentence but may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or, unless the forfeiture was imposed for violating an ordinance unrelated to the juvenile's operation of a motor vehicle, may suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than 5 years more than 2 years. If a court suspends a license or privilege under this section, the court shall immediately take possession of the applicable license and forward it to the department that issued the license, together with the notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which shall thereupon return the license to the person.".

SB55-SSA1-CA1,965,17 1510. Page 1219, line 21: after that line insert:

SB55-SSA1-CA1,965,18 " Section 3876x. 938.02 (15) of the statutes is amended to read:

SB55-SSA1-CA1,965,21 938.02 (15) "Relative" means a parent, grandparent, greatgrandparent, stepparent, brother, sister, first cousin, nephew, niece, uncle, or aunt, whether by blood, marriage, or adoption.".

SB55-SSA1-CA1,965,22 1511. Page 1219, line 22: delete lines 22 to 25.

SB55-SSA1-CA1,965,23 1512. Page 1220, line 1: delete lines 1 to 7 and substitute:

SB55-SSA1-CA1,965,24 " Section 3879d. 938.183 (3) of the statutes is amended to read:

SB55-SSA1-CA1,966,9 938.183 (3) When a juvenile who is subject to a criminal penalty under sub. (1m) or (2) attains the age of 17 years, the department may place the juvenile in a state prison named in s. 302.01, except that the department may not place any person under the age of 18 years in the correctional institution authorized in s. 301.16 (1n). If a juvenile who is subject to a criminal penalty under sub. (1m) or (2) is 15 years of age or over, the department may transfer the juvenile to the Racine youthful offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d). A juvenile who is subject to a criminal penalty under sub. (1m) or (2) for an act committed before December 31, 1999, is eligible for parole under s. 304.06.".

SB55-SSA1-CA1,966,10 1513. Page 1220, line 8: delete lines 8 to 14.

SB55-SSA1-CA1,966,11 1514. Page 1223, line 4: after that line insert:

SB55-SSA1-CA1,966,12 " Section 3889e. 938.245 (2) (a) 9m. of the statutes is created to read:

SB55-SSA1-CA1,966,18 938.245 (2) (a) 9m. That the juvenile report to a youth report center after school, in the evening, on weekends, on other nonschool days, or at any other time that the juvenile is not under immediate adult supervision, for participation in the social, behavioral, academic, community service, and other programming of the center. Section 938.34 (5g) applies to any community service work performed by a juvenile under this subdivision.

SB55-SSA1-CA1, s. 3889g Section 3889g. 938.245 (5) of the statutes is amended to read:

SB55-SSA1-CA1,966,22 938.245 (5) A deferred prosecution agreement under sub. (2) (a) 1. to 8., (2g) or (2v). may be terminated upon the request of the juvenile, parent, guardian, or legal custodian.".

SB55-SSA1-CA1,966,23 1515. Page 1223, line 4: after that line insert:

SB55-SSA1-CA1,967,2 " Section 3887. 938.21 (5) (b) of the statutes is renumbered 938.21 (5) (b) (intro.) and amended to read:

SB55-SSA1-CA1,967,4 938.21 (5) (b) (intro.) An order relating to a juvenile held in custody outside of his or her home shall also describe include all of the following:

SB55-SSA1-CA1,967,8 1. A description of any efforts that were made to permit the juvenile to remain at home and the services that are needed to ensure the juvenile's well-being, to enable the juvenile to return safely to his or her home, and to involve the parents in planning for the juvenile.

SB55-SSA1-CA1, s. 3888 Section 3888. 938.21 (5) (b) 2. of the statutes is created to read:

SB55-SSA1-CA1,967,15 938.21 (5) (b) 2. If the juvenile is held in custody outside the home in a placement recommended by the intake worker, a statement that the court approves the placement recommended by the intake worker or, if the juvenile is placed outside the home in a placement other than a placement recommended by the intake worker, a statement that the court has given bona fide consideration to the recommendations made by the intake worker and all parties relating to the placement of the juvenile.".

SB55-SSA1-CA1,967,16 1516. Page 1223, line 4: after that line insert:

SB55-SSA1-CA1,967,17 " Section 3889p. 938.293 (2) of the statutes is amended to read:

SB55-SSA1-CA1,968,4 938.293 (2) All records relating to a juvenile which are relevant to the subject matter of a proceeding under this chapter shall be open to inspection by a guardian ad litem or counsel for any party, upon demand and upon presentation of releases where necessary, at least 48 hours before the proceeding. Persons entitled to inspect the records may obtain copies of the records with the permission of the custodian of the records or with the permission of the court. The court may instruct counsel not to disclose specified items in the materials to the juvenile or the parent if the court reasonably believes that the disclosure would be harmful to the interests of the juvenile. Sections Section 971.23 and 972.11 (5) shall be applicable in all delinquency proceedings under this chapter, except that the court shall establish the timetable for the disclosures required under ss. s. 971.23 (1), (2m) and, (8), and 972.11 (5) (9).

SB55-SSA1-CA1, s. 3889r Section 3889r. 938.299 (4) (a) of the statutes is amended to read:

SB55-SSA1-CA1,968,8 938.299 (4) (a) Chapters 901 to 911 govern the presentation of evidence at the fact-finding hearing under s. 938.31. Section 972.11 (5) applies at fact-finding proceedings in all delinquency proceedings under this chapter.".

SB55-SSA1-CA1,968,9 1517. Page 1223, line 7: after that line insert:

SB55-SSA1-CA1,968,10 " Section 3890e. 938.32 (1) (a) of the statutes is amended to read:

SB55-SSA1-CA1,968,22 938.32 (1) (a) At any time after the filing of a petition for a proceeding relating to s. 938.12 or 938.13 and before the entry of judgment, the judge or juvenile court commissioner may suspend the proceedings and place the juvenile under supervision in the juvenile's own home or present placement. The court may establish terms and conditions applicable to the parent, guardian, or legal custodian, and to the juvenile, including any of the conditions specified in subs. (1d), (1g), (1m), (1p), (1t), (1v), and (1x). The order under this section shall be known as a consent decree and must be agreed to by the juvenile; the parent, guardian , or legal custodian; and the person filing the petition under s. 938.25. If the consent decree includes any conditions specified in sub. (1g), the consent decree shall include provisions for payment of the services as specified in s. 938.361. The consent decree shall be reduced to writing and given to the parties.

SB55-SSA1-CA1, s. 3890g Section 3890g. 938.32 (1p) of the statutes is created to read:

SB55-SSA1-CA1,969,7 938.32 (1p) The judge or juvenile court commissioner may establish as a condition under sub. (1) that the juvenile report to a youth report center after school, in the evening, on weekends, on other nonschool days, or at any other time that the juvenile is not under immediate adult supervision, for participation in the social, behavioral, academic, community service, and other programming of the center. Section 938.34 (5g) applies to any community service work performed by a juvenile under this subsection.

SB55-SSA1-CA1, s. 3893t Section 3893t. 938.34 (7j) of the statutes is created to read:

SB55-SSA1-CA1,969,14 938.34 (7j) Youth report center. Order the juvenile to report to a youth report center after school, in the evening, on weekends, on other nonschool days, or at any other time that the juvenile is not under immediate adult supervision, for participation in the social, behavioral, academic, community service, and other programming of the center. Subsection (5g) applies to any community service work performed by a juvenile under this subsection.