SB55-SSA1-SA2,602,2222
(c) Section 786.36 does not apply to a name change under this subsection.".
SB55-SSA1-SA2,603,4
1779.41
(1m) Annually, on January 1, the department of
agriculture, trade and
2consumer protection justice shall adjust the dollar amounts identified under sub. (1)
3(intro.), (a), (b) and (c) 1. to 4. by the annual change in the consumer price index, as
4determined under s. 16.004 (8) (e) 1., and publish the adjusted figures.
SB55-SSA1-SA2,603,7
6779.93 (title)
Duties of the department of agriculture, trade and
7consumer protection justice.
SB55-SSA1-SA2,603,139
779.93
(1) The department of
agriculture, trade and consumer protection 10justice shall investigate violations of this subchapter and attempts to circumvent
11this subchapter. The department of
agriculture, trade and consumer protection 12justice may subpoena persons and records to facilitate its investigations, and may
13enforce compliance with such subpoenas as provided in s. 885.12.
SB55-SSA1-SA2,603,1715
779.93
(2) (intro.) The department of
agriculture, trade and consumer
16protection justice may
in on behalf of the state or
in on behalf of any person who holds
17a prepaid maintenance lien:".
SB55-SSA1-SA2,604,920
800.09
(1) (b) If the defendant agrees to perform community service work in
21lieu of making restitution or paying the forfeiture, assessments
, and costs, or both,
22the court may order that the defendant perform community service work for a public
23agency or a nonprofit charitable organization that is designated by the court.
24Community service work may be in lieu of restitution only if also agreed to by the
1public agency or nonprofit charitable organization and by the person to whom
2restitution is owed. The court may utilize any available resources, including any
3community service work program, in ordering the defendant to perform community
4service work. The number of hours of community service work required may not
5exceed the number determined by dividing the amount owed on the forfeiture by the
6minimum wage established under
ch. 104 for adults in nonagriculture, nontipped
7employment s. 104.035 (2). The court shall ensure that the defendant is provided a
8written statement of the terms of the community service order and that the
9community service order is monitored.".
SB55-SSA1-SA2,604,2412
800.095
(4) (b) 3. That the defendant perform community service work for a
13public agency or a nonprofit charitable organization designated by the court, except
14that the court may not order the defendant to perform community service work
15unless the defendant agrees to perform community service work and, if the
16community service work is in lieu of restitution, unless the person to whom the
17restitution is owed agrees. The court may utilize any available resources, including
18any community service work program, in ordering the defendant to perform
19community service work. The number of hours of community service work required
20may not exceed the number determined by dividing the amount owed on the
21forfeiture
, or restitution, or both, by the minimum wage established under
ch. 104
22for adults in nonagriculture, nontipped employment s. 104.035 (2). The court shall
23ensure that the defendant is provided a written statement of the terms of the
24community service order and that the community service order is monitored.".
SB55-SSA1-SA2,605,74
801.02
(7) (a) 2. c. A person bringing an action seeking relief from a judgment
5of conviction or a sentence of a court, including an action for an extraordinary writ
6or a supervisory writ seeking relief from a judgment of conviction or a sentence of a
7court or an action under s. 809.30, 809.40, 973.19
or
, 974.06
or 974.07.
SB55-SSA1-SA2,605,119
805.15
(3) (intro.)
A Except as provided in ss. 974.07 (10) (b) and 980.101 (2)
10(b), a new trial shall be ordered on the grounds of newly-discovered evidence if the
11court finds that:
SB55-SSA1-SA2,605,1613
805.16
(4) Notwithstanding sub. (1)
, and except as provided in s. 974.02 (1m),
14a motion for a new trial based on newly discovered evidence may be made at any time
15within one year after verdict. Unless an order granting or denying the motion is
16entered within 90 days after the motion is made, it shall be deemed denied.
SB55-SSA1-SA2,605,1918
805.16
(5) The time limits in this section for filing motions do not apply to
19motions made under s. 974.07 (2) or 980.101.".
SB55-SSA1-SA2,606,3
1808.075
(4) (h) Commitment, supervised release, recommitment
and, 2discharge
, and postcommitment relief under ss. 980.06, 980.08, 980.09
and, 980.10
,
3and 980.101 of a person found to be a sexually violent person under ch. 980.
SB55-SSA1-SA2,606,115
809.30
(1) (a) "Postconviction relief" means, in a felony or misdemeanor case,
6an appeal or a motion for postconviction relief other than a motion under s.
805.15
7(1) based on newly discovered evidence, or under s. 973.19
or, 974.06
, or 974.07 (2).
8In a ch. 48, 51, 55 or 938 case, other than a termination of parental rights case under
9s. 48.43, it means an appeal or a motion for reconsideration by the trial court of its
10final judgment or order; in such cases a notice of intent to pursue such relief or a
11motion for such relief need not be styled as seeking "postconviction" relief.
SB55-SSA1-SA2,606,1413
809.30
(2) (L) An appeal under s. 974.06
or 974.07 is governed by the
14procedures for civil appeals.".
SB55-SSA1-SA2,606,2019
814.245
(2) (d) "State agency" does not include the
public intervenor or citizens
20utility board.".
SB55-SSA1-SA2,607,523
814.66
(1) (a) 2. For filing a petition whereby any proceeding in estates of
24deceased persons is commenced, if the value of the property subject to
1administration, less encumbrances, liens or charges, is $10,000 or less, a fee of
$10 2$20 and, if more than $10,000, a fee of
0.1% 0.2% of the value of the property subject
3to administration, less encumbrances, liens or charges. The register in probate may
4not base a fee under this subdivision upon the value of property that is not subject
5to administration.
SB55-SSA1-SA2,607,117
814.66
(1) (b) 2. For filing a petition for guardianship of the estate under ch.
8880 or an application for conservatorship under ch. 880, if the value of the property,
9less encumbrances, liens or charges, is $10,000 or less, a fee of
$10 $20 and, if more
10than $10,000, a fee of
0.1% 0.2% of the value of the property, less encumbrances, liens
11or charges.
SB55-SSA1-SA2,607,2013
814.66
(3) The register in probate shall, on the first Monday of each month, pay
14into the office of the county treasurer all fees collected by him or her and in his or her
15hands and still unclaimed as of that day. Each county treasurer shall make a report
16under oath to the state treasurer on or before the 5th day of January, April, July and
17October of all fees received by him or her under sub. (1) (a) to (f) up to the first day
18of each of those months and shall at the same time pay
50% 66.67% of the fees to the
19state treasurer for deposit in the general fund. Each county treasurer shall retain
20the balance of fees received by him or her under this section for the use of the county.".
SB55-SSA1-SA2,607,2323
814.67
(1) (am) For witnesses attending before a circuit court, $16 per day.
SB55-SSA1-SA2,608,2
1814.67
(1) (b) (intro.) For attending before
any other court the court of appeals
2or the supreme court:
SB55-SSA1-SA2,608,54
814.67
(1) (b) 2. For interpreters,
$35 per one-half day a fee determined by the
5supreme court.".
SB55-SSA1-SA2,608,8
7"
Section 3842d. 865.08 (1) (intro.) of the statutes is renumbered 865.08 (1) (ac)
8and amended to read:
SB55-SSA1-SA2,608,139
865.08
(1) (ac) Upon receipt of an application and making the determinations
10required by s. 865.07, the probate registrar may enter a statement of informal
11administration, admit a will to informal probate
, and
may appoint the personal
12representative nominated by the will or requested by the interested parties, subject
13to qualification and acceptance.
SB55-SSA1-SA2, s. 3842f
14Section 3842f. 865.08 (1) (a) (intro.) of the statutes is renumbered 865.08 (1)
15(am) (intro.) and amended to read:
SB55-SSA1-SA2,608,1816
865.08
(1) (am) (intro.)
Where If no personal representative is named or
where 17if the named personal representative fails to qualify, the personal representative
18shall be
either a any of the following:
SB55-SSA1-SA2,608,21
191. A bank or trust company
that is entitled to exercise fiduciary powers in this
20state
which and that has the consent of all interested persons, other than creditors
21of the deceased
, or a.
SB55-SSA1-SA2,608,23
222. A natural person who has the consent of all interested parties, other than
23creditors of the deceased, and
is: who is not disqualified under s. 856.23.
SB55-SSA1-SA2,609,6
4885.37 (title)
Interpreters for persons with language difficulties or
5hearing or speaking impairments in municipal courts and administrative
6agency contested cases.
SB55-SSA1-SA2,609,219
885.37
(1) (b) If a
municipal court has notice that a person who
fits any of the
10criteria under par. (a) is a juvenile or parent subject to ch. 938, or who is a witness
11in a proceeding under ch. 938, has a language difficulty because of the inability to
12speak or understand English, has a hearing impairment, is unable to speak or has
13a speech defect, the court shall make a factual determination of whether the
14language difficulty or the hearing or speaking impairment is sufficient to prevent the
15individual from communicating with his or her attorney, reasonably understanding
16the English testimony or reasonably being understood in English. If the court
17determines that an interpreter is necessary, the court shall advise the person that
18he or she has a right to a qualified interpreter and that, if the person cannot afford
19one, an interpreter will be provided for him or her at the public's expense. Any waiver
20of the right to an interpreter is effective only if made voluntarily in person, in open
21court and on the record.
SB55-SSA1-SA2,609,2423
885.37
(2) A
municipal court may authorize the use of an interpreter in actions
24or proceedings in addition to those specified in sub. (1)
(b).
SB55-SSA1-SA2,610,32
885.37
(4) (a) The necessary expense of furnishing an interpreter for an
3indigent person in a municipal court shall be paid by the municipality.
SB55-SSA1-SA2,610,75
885.37
(5) (a) If a
municipal court under sub. (1)
(b) or (2) or an agency under
6sub. (3) decides to appoint an interpreter, the court or agency shall follow the
7applicable procedure under par. (b) or (c).
SB55-SSA1-SA2,610,9
9885.38 Interpreters in circuit and appellate courts. (1) In this section:
SB55-SSA1-SA2,610,1010
(a) "Court proceeding" means any proceeding before a court of record.
SB55-SSA1-SA2,610,1111
(b) "Limited English proficiency" means any of the following:
SB55-SSA1-SA2,610,1312
1. The inability, because of the use of a language other than English, to
13adequately understand or communicate effectively in English in a court proceeding.
SB55-SSA1-SA2,610,1614
2. The inability, due to a speech impairment, hearing loss, deafness,
15deaf-blindness, or other disability, to adequately hear, understand, or communicate
16effectively in English in a court proceeding.
SB55-SSA1-SA2,610,1717
(c) "Qualified interpreter" means a person who is able to do all of the following:
SB55-SSA1-SA2,610,1818
1. Readily communicate with a person who has limited English proficiency.
SB55-SSA1-SA2,610,2119
2. Orally transfer the meaning of statements to and from English and the
20language spoken by a person who has limited English proficiency in the context of
21a court proceeding.
SB55-SSA1-SA2,610,2522
3. Readily and accurately interpret for a person who has limited English
23proficiency, without omissions or additions, in a manner that conserves the meaning,
24tone, and style of the original statement, including dialect, slang, and specialized
25vocabulary.
SB55-SSA1-SA2,611,4
1(2) The supreme court shall establish the procedures and policies for the
2recruitment, training, and certification of persons to act as qualified interpreters in
3a court proceeding and for the coordination, discipline, retention, and training of
4those interpreters.
SB55-SSA1-SA2,611,9
5(3) (a) In criminal proceedings and in proceedings under ch. 48, 51, 55, or 938,
6if the court determines that the person has limited English proficiency, and an
7interpreter is necessary, the court shall advise the person that he or she has the right
8to a qualified interpreter and that, if the person cannot afford one, an interpreter will
9be provided at the public's expense if the person is one of the following:
SB55-SSA1-SA2,611,1010
1. A party in interest.
SB55-SSA1-SA2,611,1111
2. A witness, while testifying in a court proceeding.
SB55-SSA1-SA2,611,1212
3. An alleged victim, as defined in s. 950.02 (4).
SB55-SSA1-SA2,611,1413
4. A parent or legal guardian of a minor party in interest or the legal guardian
14of a party in interest.
