AB936: Bill Text

Note: 2001 Wis. Act 61 changed "court commissioner" to "circuit court commissioner" throughout the statutes.

AB936, s. 84 Section 84. The treatment of 813.125 (4) (a) (intro.) of the statutes by 2001 Wisconsin Act 16 is not repealed by 2001 Wisconsin Act 61. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 813.125 (4) (a) (intro.) reads:

(a) A judge or circuit court commissioner may grant an injunction ordering the respondent to cease or avoid the harassment of another person, to avoid the petitioner's residence, except as provided in par. (am), or any premises temporarily occupied by the petitioner or both, or any combination of these remedies requested in the petition, if all of the following occur:

AB936, s. 85 Section 85. 813.125 (4) (am) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB936,30,14 813.125 (4) (am) If the petitioner and the respondent are not married, and the respondent owns the premises where the petitioner resides, and the petitioner has no legal interest in the premises, in lieu of ordering the respondent to avoid the petitioner's residence under par. (a) the judge or circuit court commissioner may order the respondent to avoid the premises for a reasonable time until the petitioner relocates and shall order the respondent to avoid the new residence for the duration of the order.

Note: 2001 Wis. Act 61 changed "court commissioner" to "circuit court commissioner" throughout the statutes.

AB936, s. 86 Section 86. The treatment of 938.32 (1) (a) of the statutes by 2001 Wisconsin Act 16 is not repealed by 2001 Wisconsin Act 61. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 938.32 (1) (a) reads:

(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 circuit 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.

AB936, s. 87 Section 87. 943.74 (1) (intro.) of the statutes, as created by 2001 Wisconsin Act 91, is amended to read:

AB936,31,3 943.74 (1) (intro.) In this section, "farm-raised:

AB936,31,6 (a) "Farm-raised fish" means a fish that is kept on a fish farm for propagation purposes or reared on a fish farm and that has not been introduced, stocked, or planted into waters outside a fish farm and that has not escaped from a fish farm.

Note: Revises form and numbering consistent with current style.

AB936, s. 88 Section 88. 946.82 (4) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB936,32,2 946.82 (4) "Racketeering activity" means any activity specified in 18 USC 1961 (1) in effect as of April 27, 1982 or the attempt, conspiracy to commit, or commission of any of the felonies specified in: chs. 945 and 961 and ss. 49.49, 134.05, 139.44 (1), 180.0129, 181.0129, 185.825, 201.09 (2), 215.12, 221.0625, 221.0636, 221.0637, 221.1004, 551.41, 551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (3) to (6), 940.20, 940.201, 940.203, 940.21, 940.30, 940.305, 940.31, 941.20 (2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 942.09, 943.01 (2), (2d), or (2g), 943.011, 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (c) and (d), 943.201, 943.23 (1g), (1m), (1r), (2) and (3), 943.24 (2), 943.25, 943.27, 943.28, 943.30, 943.32, 943.34 (1) (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (c), 943.60, 943.70, 943.76, 944.205, 944.21 (5) (c) and (e), 944.32, 944.33 (2), 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11, 946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76, 947.015, 948.05, 948.08, 948.12, and 948.30.

Note: Corrects cross-reference. 2001 Wis. Act 33 renumbered s. 944.205 to 942.09.

AB936, s. 89 Section 89. 973.05 (1) of the statutes, as affected by 2001 Wisconsin Acts 16 and 56, is amended to read:

AB936,33,9 973.05 (1) When a defendant is sentenced to pay a fine, the court may grant permission for the payment of the fine, of the penalty assessment imposed by s. 757.07 757.05, the jail assessment imposed by s. 302.46 (1), the crime victim and witness assistance surcharge under s. 973.045, the crime laboratories and drug law enforcement assessment imposed by s. 165.755, any applicable deoxyribonucleic acid analysis surcharge under s. 973.046, any applicable drug abuse program improvement surcharge imposed by s. 961.41 (5), any applicable consumer protection assessment imposed by s. 100.261, any applicable domestic abuse assessment imposed by s. 971.37 (1m) (c) 1. or 973.055, any applicable driver improvement surcharge imposed by s. 346.655, any applicable truck driver education assessment imposed by s. 349.04, any applicable enforcement assessment imposed by s. 253.06 (4) (c), any applicable weapons assessment imposed by s. 167.31, any applicable uninsured employer assessment imposed by s. 102.85 (4), any applicable environmental assessment imposed by s. 299.93, any applicable wild animal protection assessment imposed by s. 29.983, any applicable natural resources assessment imposed by ss. s. 29.987 or 169.46 (1), and any applicable natural resources restitution payment imposed by ss. s. 29.989 or 169.46 (2) to be made within a period not to exceed 60 days. If no such permission is embodied in the sentence, the fine, the penalty assessment, the jail assessment, the crime victim and witness assistance surcharge, the crime laboratories and drug law enforcement assessment, any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse program improvement surcharge, any applicable consumer protection assessment, any applicable domestic abuse assessment, any applicable driver improvement surcharge, any applicable truck driver education assessment, any applicable enforcement assessment, any applicable weapons assessment, any applicable uninsured employer assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, and any applicable natural resources restitution payment shall be payable immediately.

Note: 2001 Wis. Act 56 replaced "757.05" with "757.07" without strikes and underscores. No change was intended. There is no s. 757.07. Strikes "of" for parallel structure.

AB936, s. 90 Section 90. 2001 Wisconsin Act 38, section 39 is amended by replacing "expectant mother," with "expectant mother,".

Note: The underscored comma was inserted without being underscored. The change was intended.

AB936, s. 91 Section 91. 2001 Wisconsin Act 56, section 43 is amended by replacing "domestic-fur-bearing" with "domestic fur-bearing".

Note: What appears to be a hyphen between "domestic" and "fur" is a misplaced strike through marking.

AB936, s. 92 Section 92. 2001 Wisconsin Act 56, section 91 is amended by replacing "farm-raised deer fish" with "farm-raised deer or farm-raised fish".

Note: 2001 Wis. Act 56 deleted "or-farm-raised," but should have shown it as stricken.

AB936, s. 93 Section 93. 2001 Wisconsin Act 56, section 241 (1) is amended to read:

AB936,33,18 [2001 Wisconsin Act 56] section 241 (1) The treatment of sections 169.015, 169.29, 169.34, and 169.35 of the statutes takes effect on the day after publication.

Note: 2001 Wis. Act 56 did not treat s. 169.015.

AB936, s. 94 Section 94. 2001 Wisconsin Act 61, section 123 is amended by replacing "employes" with "employees".

Note: The spelling of "employees" in all statutes was changed from "employes" in all statutes by 1999 Wis. Act 185.

AB936, s. 95 Section 95. Effective dates. This act takes effect on the day after publication, except as follows:

AB936,34,7 (1) The treatment of sections 29.024 (1), 29.337 (1) (intro.), 90.21 (2) (a), 95.71 (1) (f), 169.45 (8) (b), 448.015 (1m), and 973.05 (1) of the statutes takes effect on January 1, 2003.

AB936,34,9 (2) The treatment of sections 441.15 (5) (a) (intro.) and 457.02 (6) (b) 1. of the statutes takes effect on November 1, 2002.

AB936,34,11 (3) The treatment of sections 448.51 (1e) and 448.52 (1m) (intro.) of the statutes takes effect on April 1, 2004.

AB936,34,12 (End)