SB55-SSA1-SA2,614,12
11895.59 Liability exemption; outdoor lighting. Outdoor lighting may not
12be found to be a nuisance or trespass if all of the following apply:
SB55-SSA1-SA2,614,14
13(1) The outdoor lighting complies with the guidelines promulgated under s.
14101.815 (1).
SB55-SSA1-SA2,614,16
15(2) The outdoor lighting meets the requirements for self-certification under s.
16101.815 (2).
SB55-SSA1-SA2,614,18
17(3) The outdoor lighting does not present a substantial threat to public health
18or safety.".
SB55-SSA1-SA2,614,21
21"
Section 3872v. 908.03 (6m) (b) (intro.) of the statutes is amended to read:
SB55-SSA1-SA2,615,222
908.03
(6m) (b)
Authentication witness unnecessary. (intro.)
A The testimony
23of a custodian or other qualified witness required by sub. (6) is unnecessary if the
1party who intends to offer health care provider records into evidence at a trial or
2hearing does one of the following at least
40 20 days before the trial or hearing:".
SB55-SSA1-SA2,615,125
908.03
(6m) (d)
Fees. The Before July 1, 2002, the department of health and
6family services shall, by rule, prescribe uniform fees
that are based on an
7approximation of
the actual costs
. The fees, plus applicable state tax, are the
8maximum amount that a health care provider may charge
under par. (c) 3. for
9certified duplicate
patient health care records. The rule shall also allow the health
10care provider to charge for
actual postage or other
actual delivery costs.
The
11commencement of an action is not a prerequisite for the application of this
12paragraph.
SB55-SSA1-SA2, s. 3872y
13Section 3872y. 908.03 (6m) (d) of the statutes, as affected by 2001 Wisconsin
14Act .... (this act), is amended to read:
SB55-SSA1-SA2,615,2415
908.03
(6m) (d)
Fees. Before July 1 After June 30, 2002 the department of
16health and family services shall, by rule, prescribe uniform fees that are based on an
17approximation of actual costs. The fees, plus applicable state tax, are the maximum
18amount that a health care provider may charge for certified duplicate patient health
19care records. The rule shall also allow the health care provider to charge for actual
20postage or other actual delivery costs.
The commencement of an action is not a
21prerequisite for the application of this paragraph For duplicate patient health care
22records and duplicate X-ray reports or the referral of X-rays to another health care
23provider that are requested before commencement of an action, s. 146.83 (1) (b) and
24(c) and (3m) applies.".
SB55-SSA1-SA2,616,174
938.17
(2) (h) 1. If a juvenile who has violated a municipal ordinance, other
5than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition of his or
6her dispositional order, the municipal court may impose on the juvenile any of the
7sanctions specified in s. 938.355 (6) (d) 2. to
4.
5. that are authorized under par. (cm)
8except for monitoring by an electronic monitoring system or may petition the court
9assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the
10juvenile the sanction specified in s. 938.355 (6) (d) 1. or home detention with
11monitoring by an electronic monitoring system as specified in s. 938.355 (6) (d) 3., if
12authorized under par. (cm), if at the time of judgment the court explained the
13conditions to the juvenile and informed the juvenile of the possible sanctions under
14s. 938.355 (6) (d) that are authorized under par. (cm) for a violation or if before the
15violation the juvenile has acknowledged in writing that he or she has read, or has had
16read to him or her, those conditions and possible sanctions and that he or she
17understands those conditions and possible sanctions.".
SB55-SSA1-SA2,617,521
938.183
(3) When a juvenile who is subject to a criminal penalty under sub.
22(1m) or (2) attains the age of 17 years, the department may place the juvenile in a
23state prison named in s. 302.01
, except that the department may not place any person
24under the age of 18 years in the correctional institution authorized in s. 301.16 (1n).
1If a juvenile who is subject to a criminal penalty under sub. (1m) or (2) is 15 years
2of age or over, the department may transfer the juvenile to the Racine youthful
3offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d). A
4juvenile who is subject to a criminal penalty under sub. (1m) or (2) for an act
5committed before December 31, 1999, is eligible for parole under s. 304.06.".
SB55-SSA1-SA2,617,1712
938.245
(2) (a) 9m. That the juvenile report to a youth report center after
13school, in the evening, on weekends, on other nonschool days, or at any other time
14that the juvenile is not under immediate adult supervision, for participation in the
15social, behavioral, academic, community service, and other programming of the
16center. Section 938.34 (5g) applies to any community service work performed by a
17juvenile under this subdivision.
SB55-SSA1-SA2,617,2119
938.245
(5) A deferred prosecution agreement
under sub. (2) (a) 1. to 8., (2g)
20or (2v). may be terminated upon the request of the juvenile, parent, guardian
, or legal
21custodian.".
SB55-SSA1-SA2,618,11
1938.293
(2) All records relating to a juvenile which are relevant to the subject
2matter of a proceeding under this chapter shall be open to inspection by a guardian
3ad litem or counsel for any party, upon demand and upon presentation of releases
4where necessary, at least 48 hours before the proceeding. Persons entitled to inspect
5the records may obtain copies of the records with the permission of the custodian of
6the records or with the permission of the court. The court may instruct counsel not
7to disclose specified items in the materials to the juvenile or the parent if the court
8reasonably believes that the disclosure would be harmful to the interests of the
9juvenile.
Sections Section 971.23
and 972.11 (5) shall be applicable in all delinquency
10proceedings under this chapter, except that the court shall establish the timetable
11for the disclosures required under
ss.
s. 971.23 (1), (2m)
and, (8)
, and
972.11 (5) (9).
SB55-SSA1-SA2,618,1513
938.299
(4) (a) Chapters 901 to 911 govern the presentation of evidence at the
14fact-finding hearing under s. 938.31.
Section 972.11 (5) applies at fact-finding
15proceedings in all delinquency proceedings under this chapter.".
SB55-SSA1-SA2,619,518
938.32
(1) (a) At any time after the filing of a petition for a proceeding relating
19to s. 938.12 or 938.13 and before the entry of judgment, the judge or juvenile court
20commissioner may suspend the proceedings and place the juvenile under
21supervision in the juvenile's own home or present placement. The court may
22establish terms and conditions applicable to the parent, guardian
, or legal custodian,
23and to the juvenile, including any of the conditions specified in subs. (1d), (1g), (1m),
24(1p), (1t), (1v)
, and (1x). The order under this section shall be known as a consent
1decree and must be agreed to by the juvenile; the parent, guardian
, or legal
2custodian; and the person filing the petition under s. 938.25. If the consent decree
3includes any conditions specified in sub. (1g), the consent decree shall include
4provisions for payment of the services as specified in s. 938.361. The consent decree
5shall be reduced to writing and given to the parties.
SB55-SSA1-SA2,619,137
938.32
(1p) The judge or juvenile court commissioner may establish as a
8condition under sub. (1) that the juvenile report to a youth report center after school,
9in the evening, on weekends, on other nonschool days, or at any other time that the
10juvenile is not under immediate adult supervision, for participation in the social,
11behavioral, academic, community service, and other programming of the center.
12Section 938.34 (5g) applies to any community service work performed by a juvenile
13under this subsection.
SB55-SSA1-SA2,619,2015
938.34
(7j) Youth report center. Order the juvenile to report to a youth report
16center after school, in the evening, on weekends, on other nonschool days, or at any
17other time that the juvenile is not under immediate adult supervision, for
18participation in the social, behavioral, academic, community service, and other
19programming of the center. Subsection (5g) applies to any community service work
20performed by a juvenile under this subsection.
SB55-SSA1-SA2,620,222
938.342
(1d) (c) Order the person to report to a youth report center after school,
23in the evening, on weekends, on other nonschool days, or at any other time that the
24person is not under immediate adult supervision, for participation in the social,
25behavioral, academic, community service, and other programming of the center.
1Section 938.34 (5g) applies to any community service work performed by a person
2under this paragraph.
SB55-SSA1-SA2,620,94
938.342
(1g) (k) Order the person to report to a youth report center after school,
5in the evening, on weekends, on other nonschool days, or at any other time that the
6juvenile is not under immediate adult supervision, for participation in the social,
7behavioral, academic, community service, and other programming of the center.
8Section 938.34 (5g) applies to any community service work performed by a person
9under this paragraph.
SB55-SSA1-SA2,620,1611
938.343
(3m) Order the juvenile to report to a youth report center after school,
12in the evening, on weekends, on other nonschool days, or at any other time that the
13juvenile is not under immediate adult supervision, for participation in the social,
14behavioral, academic, community service, and other programming of the center.
15Section 938.34 (5g) applies to any community service work performed by a juvenile
16under this subsection.
SB55-SSA1-SA2,620,2318
938.344
(2g) (a) 5. Report to a youth report center after school, in the evening,
19on weekends, on other nonschool days, or at any other time that the juvenile is not
20under immediate adult supervision, for participation in the social, behavioral,
21academic, community service, and other programming of the center. Section 938.34
22(5g) applies to any community service work performed by a juvenile under this
23subdivision.
SB55-SSA1-SA2,621,5
1938.355
(6) (d) 5. Participation after school, in the evening, on weekends, on
2other nonschool days, or at any other time that the juvenile is not under immediate
3adult supervision, in the social, behavioral, academic, community service, and other
4programming of a youth report center. Subdivision 4. and s. 938.34 (5g) apply to any
5community service work performed by a juvenile under this subdivision.".
SB55-SSA1-SA2,621,8
8"
Section 3900k. 938.355 (6m) (a) (intro.) of the statutes is amended to read:
SB55-SSA1-SA2,621,219
938.355
(6m) (a) (intro.) If the court finds by a preponderance of the evidence
10that a juvenile who has been found to have violated a municipal ordinance enacted
11under s. 118.163 (2) or who has been found to be in need of protection or services
12under s. 938.13 (6) has violated a condition specified under sub. (2) (b) 7., the court
13may order as a sanction any combination of the sanctions specified in subds.1g. to
143. 4. and the dispositions specified in s. 938.342 (1g) (d) to (j) and (1m), regardless of
15whether the disposition was imposed in the order violated by the juvenile, if at the
16dispositional hearing under s. 938.335 the court explained those conditions to the
17juvenile and informed the juvenile of the possible sanctions under this paragraph for
18a violation or if before the violation the juvenile has acknowledged in writing that
19he or she has read, or has had read to him or her, those conditions and possible
20sanctions and that he or she understands those conditions and possible sanctions.
21The court may order as a sanction under this paragraph any of the following:
SB55-SSA1-SA2,622,323
938.355
(6m) (a) 4. Participation after school, in the evening, on weekends, on
24other nonschool days, or at any other time that the juvenile is not under immediate
1adult supervision, in the social, behavioral, academic, community service, and other
2programming of a youth report center. Subdivision 2. and s. 938.34 (5g) apply to any
3community service work performed by a juvenile under this subdivision.
SB55-SSA1-SA2,622,165
938.355
(6m) (ag) If the court finds by a preponderance of the evidence that a
6juvenile who has been found to have violated a municipal ordinance enacted under
7s. 118.163 (1m) has violated a condition specified under sub. (2) (b) 7., the court may
8order as a sanction any combination of the operating privilege suspension specified
9in par. (a) and the dispositions specified in s. 938.342 (1g) (b) to
(j) (k) and (1m),
10regardless of whether the disposition was imposed in the order violated by the
11juvenile, if at the dispositional hearing under s. 938.335 the court explained those
12conditions to the juvenile and informed the juvenile of the possible sanctions under
13this paragraph for a violation or if before the violation the juvenile has acknowledged
14in writing that he or she has read, or has had read to him or her, those conditions and
15possible sanctions and that he or she understands those conditions and possible
16sanctions.".
SB55-SSA1-SA2,622,19
18"
Section 3908r. 938.46 of the statutes is renumbered 938.46 (1) and amended
19to read:
SB55-SSA1-SA2,623,220
938.46
(1) A juvenile Except as provided in sub. (2), a juvenile whose status
21is adjudicated by the court under this chapter, or the juvenile's parent, guardian
, or
22legal custodian, may at any time within one year after the entering of the court's
23order petition the court for a rehearing on the ground that new evidence has been
1discovered affecting the advisability of the court's original adjudication. Upon a
2showing that such evidence does exist, the court shall order a new hearing.
SB55-SSA1-SA2,623,84
938.46
(2) If a juvenile is adjudged delinquent under s. 938.12, the juvenile or
5the juvenile's parent, guardian, or legal custodian, may at any time after the entering
6of the court's order petition the court for a rehearing on the ground that new evidence
7has been discovered affecting the advisability of the court's original adjudication.
8Upon a showing that such evidence does exist, the court shall order a new hearing.
SB55-SSA1-SA2,623,1010
938.46
(3) This section does not apply to motions made under s. 974.07 (2).".
SB55-SSA1-SA2,624,621
938.78
(2) (e) Paragraph (a) does not prohibit the department from disclosing
22information about an individual adjudged delinquent under s. 938.183 or 938.34 for
23a sexually violent offense, as defined in s. 980.01 (6), to the department of justice, or
1a district attorney or a judge acting under ch. 980 or to an attorney who represents
2a person subject to a petition under ch. 980. The court in which the petition under
3s. 980.02 is filed
or, if an action filed under s. 980.02 is transferred to another court
4under s. 980.02 (6), the court to which the action is transferred, may issue any
5protective orders that it determines are appropriate concerning information
6disclosed under this paragraph.".
SB55-SSA1-SA2,624,1513
939.74
(2d) (a) In this subsection, "deoxyribonucleic acid profile" means an
14individual's patterned chemical structure of genetic information identified by
15analyzing biological material that contains the individual's deoxyribonucleic acid.
SB55-SSA1-SA2,625,216
(b) If before the time limitation under sub. (1) expired, the state collected
17biological material that is evidence of the identity of the person who committed a
18violation of s. 940.225 (1) or (2), the state identified a deoxyribonucleic acid profile
19from the biological material, and comparisons of that deoxyribonucleic acid profile
20to deoxyribonucleic acid profiles of known persons did not result in a probable
21identification of the person who is the source of the biological material, the state may
22commence prosecution of the person who is the source of the biological material for
23violation of s. 940.225 (1) or (2) within 12 months after comparison of the
24deoxyribonucleic acid profile relating to the violation results in a probable
1identification of the person, if there is probable cause to believe that the biological
2material was left by the person at the time the violation was committed.
SB55-SSA1-SA2,625,133
(c) If before the time limitation under sub. (2) (c) expired, the state collected
4biological material that is evidence of the identity of the person who committed a
5violation of s. 948.02 (1) or (2) or 948.025, the state identified a deoxyribonucleic acid
6profile from the biological material, and comparisons of that deoxyribonucleic acid
7profile to deoxyribonucleic acid profiles of known persons did not result in a probable
8identification of the person who is the source of the biological material, the state may
9commence prosecution of the person who is the source of the biological material for
10violation of s. 948.02 (1) or (2) or 948.025 within 12 months after comparison of the
11deoxyribonucleic acid profile relating to the violation results in a probable
12identification of the person, if there is probable cause to believe that the biological
13material was left by the person at the time the violation was committed.".
