Amendment CA1-SSA1-SB55

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.

SB55-SSA1-CA1, s. 3894s Section 3894s. 938.342 (1d) (c) of the statutes is created to read:

SB55-SSA1-CA1,969,21 938.342 (1d) (c) Order the person 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 person 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 person under this paragraph.

SB55-SSA1-CA1, s. 3894t Section 3894t. 938.342 (1g) (k) of the statutes is created to read:

SB55-SSA1-CA1,970,3 938.342 (1g) (k) Order the person 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. Section 938.34 (5g) applies to any community service work performed by a person under this paragraph.

SB55-SSA1-CA1, s. 3895f Section 3895f. 938.343 (3m) of the statutes is created to read:

SB55-SSA1-CA1,970,10 938.343 (3m) 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. Section 938.34 (5g) applies to any community service work performed by a juvenile under this subsection.

SB55-SSA1-CA1, s. 3895j Section 3895j. 938.344 (2g) (a) 5. of the statutes is created to read:

SB55-SSA1-CA1,970,17 938.344 (2g) (a) 5. 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. 3897v Section 3897v. 938.355 (6) (d) 5. of the statutes is created to read:

SB55-SSA1-CA1,970,23 938.355 (6) (d) 5. Participation 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, in the social, behavioral, academic, community service, and other programming of a youth report center. Subdivision 4. and s. 938.34 (5g) apply to any community service work performed by a juvenile under this subdivision.".

SB55-SSA1-CA1,970,24 1518. Page 1223, line 7: after that line insert:

SB55-SSA1-CA1,971,2 " Section 3894. 938.34 (8) of the statutes, as affected by 1999 Wisconsin Act 185, is amended to read:

SB55-SSA1-CA1,971,24 938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that this disposition is in the best interest of the juvenile and in aid of rehabilitation. The maximum forfeiture that the court may impose under this subsection for a violation by a juvenile is the maximum amount of the fine that may be imposed on an adult for committing that violation or, if the violation is applicable only to a person under 18 years of age, $100. Any such order shall include a finding that the juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months for payment. If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order other alternatives under this section, in accordance with the conditions specified in this chapter; or the court 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 more than 2 years. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license and forward it to the department which issued the license, together with a 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 suspension shall be reduced to the time period which has already elapsed and the court shall immediately notify the department which shall then return the license to the juvenile. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).

SB55-SSA1-CA1, s. 3895 Section 3895. 938.343 (2) of the statutes, as affected by 1999 Wisconsin Act 185, is amended to read:

SB55-SSA1-CA1,972,17 938.343 (2) Impose a forfeiture not to exceed the maximum forfeiture that may be imposed on an adult for committing that violation or, if the violation is only applicable to a person under 18 years of age, $50. Any such order shall include a finding that the juvenile alone is financially able to pay and shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture, the court may suspend any license issued under ch. 29 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 more than 2 years. The court shall immediately take possession of the suspended license and forward it to the department which 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 will thereupon return the license to the person. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).".

SB55-SSA1-CA1,972,18 1519. Page 1223, line 7: after that line insert:

SB55-SSA1-CA1,972,19 " Section 3897. 938.355 (2) (b) 6m. of the statutes is created to read:

SB55-SSA1-CA1,973,2 938.355 (2) (b) 6m. If the juvenile is placed outside the home in a placement recommended by the agency designated under s. 938.33 (1), a statement that the court approves the placement recommended by the agency or, if the juvenile is placed outside the home in a placement other than a placement recommended by that agency, a statement that the court has given bona fide consideration to the recommendations made by the agency and all parties relating to the juvenile's placement.".

SB55-SSA1-CA1,973,3 1520. Page 1223, line 20: after that line insert:

SB55-SSA1-CA1,973,4 " Section 3900k. 938.355 (6m) (a) (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,973,17 938.355 (6m) (a) (intro.) If the court finds by a preponderance of the evidence that a juvenile who has been found to have violated a municipal ordinance enacted under s. 118.163 (2) or who has been found to be in need of protection or services under s. 938.13 (6) has violated a condition specified under sub. (2) (b) 7., the court may order as a sanction any combination of the sanctions specified in subds.1g. to 3. 4. and the dispositions specified in s. 938.342 (1g) (d) to (j) and (1m), regardless of whether the disposition was imposed in the order violated by the juvenile, if at the dispositional hearing under s. 938.335 the court explained those conditions to the juvenile and informed the juvenile of the possible sanctions under this paragraph 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. The court may order as a sanction under this paragraph any of the following:

SB55-SSA1-CA1, s. 3900n Section 3900n. 938.355 (6m) (a) 4. of the statutes is created to read:

SB55-SSA1-CA1,973,23 938.355 (6m) (a) 4. Participation 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, in the social, behavioral, academic, community service, and other programming of a youth report center. Subdivision 2. and s. 938.34 (5g) apply to any community service work performed by a juvenile under this subdivision.

SB55-SSA1-CA1, s. 3900p Section 3900p. 938.355 (6m) (ag) of the statutes is amended to read:

SB55-SSA1-CA1,974,12 938.355 (6m) (ag) If the court finds by a preponderance of the evidence that a juvenile who has been found to have violated a municipal ordinance enacted under s. 118.163 (1m) has violated a condition specified under sub. (2) (b) 7., the court may order as a sanction any combination of the operating privilege suspension specified in par. (a) and the dispositions specified in s. 938.342 (1g) (b) to (j) (k) and (1m), regardless of whether the disposition was imposed in the order violated by the juvenile, if at the dispositional hearing under s. 938.335 the court explained those conditions to the juvenile and informed the juvenile of the possible sanctions under this paragraph 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-CA1,974,13 1521. Page 1223, line 20: after that line insert:

SB55-SSA1-CA1,974,14 " Section 3901. 938.357 (2v) of the statutes is created to read: