LRBs0410/5
CH/MD:all:rs
2003 - 2004 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO 2003 ASSEMBLY BILL 861
March 10, 2004 - Offered by Representatives Stone, Krug and Staskunas.
AB861-ASA2,2,16
1An Act to repeal 51.30 (4) (b) 10m., 980.02 (2) (ag), 980.03 (5), 980.05 (1m),
2980.09 (1) (title), 980.09 (2) and 980.10;
to renumber 978.13 (2) and 980.01 (1);
3to renumber and amend 938.396 (2) (e), 978.043, 980.015 (1), 980.015 (4),
4980.03 (4), 980.04 (2), 980.07 (1), 980.09 (1) (a), 980.09 (1) (b) and 980.09 (1) (c);
5to amend 48.396 (1), 48.396 (5) (a) (intro.), 51.30 (3) (a), 51.30 (3) (b), 51.30 (4)
6(b) 8m., 51.30 (4) (b) 11., 51.375 (1) (a), 109.09 (1), 146.82 (2) (c), 301.45 (1g) (dt),
7301.45 (3) (a) 3r., 301.45 (3) (b) 3., 301.45 (5) (b) 2., 756.06 (2) (b), 801.52, 808.04
8(3), 808.04 (4), 808.075 (4) (h), 905.04 (4) (a), 911.01 (4) (c), 938.396 (1), 938.396
9(5) (a) (intro.), 938.78 (2) (e), 946.42 (1) (a), 950.04 (1v) (xm), 967.03, 972.15 (4),
10978.03 (3), 978.045 (1r) (intro.), 978.05 (6) (a), 978.05 (8) (b), 980.01 (5), 980.01
11(6) (a), 980.01 (6) (b), 980.01 (6) (c), 980.01 (7), 980.015 (2) (intro.), 980.015 (2)
12(a), 980.015 (2) (b), 980.015 (2) (c), 980.02 (1) (a), 980.02 (2) (c), 980.02 (4)
13(intro.), 980.03 (2) (intro.), 980.03 (3), 980.04 (1), 980.04 (3), 980.05 (1), 980.05
1(3) (a), 980.05 (3) (b), 980.07 (2), 980.07 (3), 980.09 (title), 980.101 (2) (a), 980.11
2(2) (intro.) and 980.12 (1);
to repeal and recreate 809.10 (1) (d), 809.30 (1) (c),
3809.30 (1) (f) and 980.08; and
to create 48.396 (6), 48.78 (2) (e), 48.981 (7) (a)
48s., 51.30 (3) (bm), 51.30 (4) (b) 8s., 118.125 (2) (ck), 146.82 (2) (cm), 756.06 (2)
5(cm), 814.61 (1) (c) 6., 938.35 (1) (e), 946.42 (3m), 972.15 (6), 973.155 (1) (c),
6978.043 (2), 978.13 (2) (a), 980.01 (1g), 980.01 (1m), 980.01 (6) (am), 980.01 (6)
7(bm), 980.015 (1) (b), 980.015 (2) (d), 980.02 (1) (b) 3., 980.02 (1m), 980.02 (6),
8980.031 (title), 980.031 (1) and (2), 980.034, 980.036, 980.038, 980.04 (2) (b),
9980.05 (2m), 980.07 (1) (b), 980.07 (1g), 980.07 (1m), 980.07 (4) to (7), 980.093,
10980.095, 980.14 (title) and 980.14 (1) of the statutes;
relating to: the definition
11of sexually violent person, sexually violent person commitment proceedings,
12criteria for supervised release, escape from custody by a person who is subject
13to a sexually violent person commitment proceeding, creating a committee to
14make recommendations regarding the location of a facility for the treatment of
15sexual predators, payments in lieu of taxes and grants for a municipality in
16which such a facility is located, and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB861-ASA2,3,1418
48.396
(1) Law enforcement officers' records of children shall be kept separate
19from records of adults. Law enforcement officers' records of the adult expectant
20mothers of unborn children shall be kept separate from records of other adults. Law
21enforcement officers' records of children and the adult expectant mothers of unborn
22children shall not be open to inspection or their contents disclosed except under sub.
23(1b), (1d)
or, (5)
, or (6) or s. 48.293 or by order of the court. This subsection does not
1apply to the representatives of newspapers or other reporters of news who wish to
2obtain information for the purpose of reporting news without revealing the identity
3of the child or expectant mother involved, to the confidential exchange of information
4between the police and officials of the school attended by the child or other law
5enforcement or social welfare agencies or to children 10 years of age or older who are
6subject to the jurisdiction of the court of criminal jurisdiction. A public school official
7who obtains information under this subsection shall keep the information
8confidential as required under s. 118.125 and a private school official who obtains
9information under this subsection shall keep the information confidential in the
10same manner as is required of a public school official under s. 118.125. A law
11enforcement agency that obtains information under this subsection shall keep the
12information confidential as required under this subsection and s. 938.396 (1). A
13social welfare agency that obtains information under this subsection shall keep the
14information confidential as required under ss. 48.78 and 938.78.
AB861-ASA2, s. 2
15Section
2. 48.396 (5) (a) (intro.) of the statutes is amended to read:
AB861-ASA2,3,1916
48.396
(5) (a) (intro.) Any person who is denied access to a record under sub.
17(1), (1b)
or, (1d)
, or (6) may petition the court to order the disclosure of the records
18governed by the applicable subsection. The petition shall be in writing and shall
19describe as specifically as possible all of the following:
AB861-ASA2,4,821
48.396
(6) Records of law enforcement officers and of the court assigned to
22exercise jurisdiction under this chapter and ch. 938 shall be open for inspection by
23and production to authorized representatives of the department of corrections, the
24department of health and family services, the department of justice, or a district
25attorney for use in the evaluation or prosecution of any proceeding under ch. 980, if
1the records involve or relate to an individual who is the subject of or who is being
2evaluated for a proceeding under ch. 980. The court in which the proceeding under
3ch. 980 is pending may issue any protective orders that it determines are appropriate
4concerning information made available or disclosed under this subsection. Any
5representative of the department of corrections, the department of health and family
6services, the department of justice, or a district attorney may disclose information
7obtained under this subsection for any purpose consistent with any proceeding under
8ch. 980.
AB861-ASA2,4,2110
48.78
(2) (e) Notwithstanding par. (a), an agency shall, upon request, disclose
11information to authorized representatives of the department of corrections, the
12department of health and family services, the department of justice, or a district
13attorney for use in the evaluation or prosecution of any proceeding under ch. 980, if
14the information involves or relates to an individual who is the subject of or who is
15being evaluated for a proceeding under ch. 980. The court in which the proceeding
16under ch. 980 is pending may issue any protective orders that it determines are
17appropriate concerning information made available or disclosed under this
18paragraph. Any representative of the department of corrections, the department of
19health and family services, the department of justice, or a district attorney may
20disclose information obtained under this paragraph for any purpose consistent with
21any proceeding under ch. 980.
AB861-ASA2, s. 5
22Section
5. 48.981 (7) (a) 8s. of the statutes is created to read:
AB861-ASA2,5,823
48.981
(7) (a) 8s. Authorized representatives of the department of corrections,
24the department of health and family services, the department of justice, or a district
25attorney for use in the evaluation or prosecution of any proceeding under ch. 980, if
1the reports or records involve or relate to an individual who is the subject of or who
2is being evaluated for a proceeding under ch. 980. The court in which the proceeding
3under ch. 980 is pending may issue any protective orders that it determines are
4appropriate concerning information made available or disclosed under this
5subdivision. Any representative of the department of corrections, the department
6of health and family services, the department of justice, or a district attorney may
7disclose information obtained under this subdivision for any purpose consistent with
8any proceeding under ch. 980.
AB861-ASA2,5,1210
51.30
(3) (a) Except as provided in pars. (b)
and, (bm), (c)
, and (d), the files and
11records of the court proceedings under this chapter shall be closed but shall be
12accessible to any individual who is the subject of a petition filed under this chapter.
AB861-ASA2,5,1914
51.30
(3) (b) An individual's attorney or guardian ad litem and the corporation
15counsel shall have access to the files and records of the court proceedings under this
16chapter without the individual's consent and without modification of the records in
17order to prepare for involuntary commitment or recommitment proceedings,
18reexaminations, appeals, or other actions relating to detention, admission, or
19commitment under this chapter or ch. 971
or, 975
, or 980.
AB861-ASA2, s. 8
20Section
8. 51.30 (3) (bm) of the statutes is created to read:
AB861-ASA2,6,721
51.30
(3) (bm) The files and records of court proceedings under this chapter
22shall be released to authorized representatives of the department of corrections, the
23department of health and family services, the department of justice, or a district
24attorney for use in the evaluation or prosecution of any proceeding under ch. 980, if
25the files or records involve or relate to an individual who is the subject of or who is
1being evaluated for a proceeding under ch. 980. The court in which the proceeding
2under ch. 980 is pending may issue any protective orders that it determines are
3appropriate concerning information made available or disclosed under this
4paragraph. Any representative of the department of corrections, the department of
5health and family services, the department of justice, or a district attorney may
6disclose information obtained under this paragraph for any purpose consistent with
7any proceeding under ch. 980.
AB861-ASA2, s. 9
8Section
9. 51.30 (4) (b) 8m. of the statutes is amended to read:
AB861-ASA2,6,129
51.30
(4) (b) 8m. To appropriate examiners and facilities in accordance with s.
10971.17 (2) (e), (4) (c)
, and (7) (c)
, 980.03 (4) or 980.08 (3). The recipient of any
11information from the records shall keep the information confidential except as
12necessary to comply with s. 971.17
or ch. 980.
AB861-ASA2, s. 10
13Section
10. 51.30 (4) (b) 8s. of the statutes is created to read:
AB861-ASA2,6,2514
51.30
(4) (b) 8s. To appropriate persons in accordance with s. 980.031 (4) and
15to authorized representatives of the department of corrections, the department of
16health and family services, the department of justice, or a district attorney for use
17in the evaluation or prosecution of any proceeding under ch. 980, if the treatment
18records involve or relate to an individual who is the subject of or who is being
19evaluated for a proceeding under ch. 980. The court in which the proceeding under
20ch. 980 is pending may issue any protective orders that it determines are appropriate
21concerning information made available or disclosed under this subdivision. Any
22representative of the department of corrections, the department of health and family
23services, the department of justice, or a district attorney may disclose information
24obtained under this subdivision for any purpose consistent with any proceeding
25under ch. 980.
AB861-ASA2,7,73
51.30
(4) (b) 11. To the subject individual's counsel or guardian ad litem and
4the corporation counsel, without modification, at any time in order to prepare for
5involuntary commitment or recommitment proceedings, reexaminations, appeals, or
6other actions relating to detention, admission, commitment, or patients' rights under
7this chapter or ch. 48, 971,
or 975
, or 980.
AB861-ASA2,7,129
51.375
(1) (a) "Community placement" means conditional transfer into the
10community under s. 51.35 (1), conditional release under s. 971.17, parole from a
11commitment for specialized treatment under ch. 975
, or
conditional supervised 12release under ch. 980.
AB861-ASA2,8,914
109.09
(1) The department shall investigate and attempt equitably to adjust
15controversies between employers and employees as to alleged wage claims. The
16department may receive and investigate any wage claim which is filed with the
17department, or received by the department under s. 109.10 (4), no later than 2 years
18after the date the wages are due. The department may, after receiving a wage claim,
19investigate any wages due from the employer against whom the claim is filed to any
20employee during the period commencing 2 years before the date the claim is filed.
21The department shall enforce this chapter and ss. 66.0903, 103.02, 103.49, 103.82,
22104.12 and 229.8275. In pursuance of this duty, the department may sue the
23employer on behalf of the employee to collect any wage claim or wage deficiency and
24ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions
25under s. 109.10, the department may refer such an action to the district attorney of
1the county in which the violation occurs for prosecution and collection and the
2district attorney shall commence an action in the circuit court having appropriate
3jurisdiction. Any number of wage claims or wage deficiencies against the same
4employer may be joined in a single proceeding, but the court may order separate
5trials or hearings. In actions that are referred to a district attorney under this
6subsection, any taxable costs recovered by the district attorney shall be paid into the
7general fund of the county in which the violation occurs and used by that county to
8meet its financial responsibility under s. 978.13 (2)
(b) for the operation of the office
9of the district attorney who prosecuted the action.
AB861-ASA2,8,2211
118.125
(2) (ck) The school district clerk or his or her designee shall make pupil
12records available for inspection or disclose the contents of pupil records to authorized
13representatives of the department of corrections, the department of health and
14family services, the department of justice, or a district attorney for use in the
15evaluation or prosecution of any proceeding under ch. 980, if the pupil records involve
16or relate to an individual who is the subject of or who is being evaluated for a
17proceeding under ch. 980. The court in which the proceeding under ch. 980 is pending
18may issue any protective orders that it determines are appropriate concerning pupil
19records made available or disclosed under this paragraph. Any representative of the
20department of corrections, the department of health and family services, the
21department of justice, or a district attorney may disclose information obtained under
22this paragraph for any purpose consistent with any proceeding under ch. 980.
AB861-ASA2,9,324
146.82
(2) (c) Notwithstanding sub. (1), patient health care records shall be
25released to appropriate examiners and facilities in accordance with
ss. s. 971.17 (2)
1(e), (4) (c) and (7) (c)
, 980.03 (4) and 980.08 (3). The recipient of any information from
2the records shall keep the information confidential except as necessary to comply
3with s. 971.17
or ch. 980.
AB861-ASA2,9,175
146.82
(2) (cm) Notwithstanding sub. (1), patient health care records shall be
6released to appropriate persons in accordance with s. 980.031 (4) and to authorized
7representatives of the department of corrections, the department of health and
8family services, the department of justice, or a district attorney for use in the
9evaluation or prosecution of any proceeding under ch. 980, if the treatment records
10involve or relate to an individual who is the subject of or who is being evaluated for
11a proceeding under ch. 980. The court in which the proceeding under ch. 980 is
12pending may issue any protective orders that it determines are appropriate
13concerning records made available or disclosed under this paragraph. Any
14representative of the department of corrections, the department of health and family
15services, the department of justice, or a district attorney may disclose information
16obtained under this paragraph for any purpose consistent with any proceeding under
17ch. 980.
AB861-ASA2,9,2019
301.45
(1g) (dt) Is in institutional care or on
conditional supervised release
20under ch. 980 on or after June 2, 1994.
AB861-ASA2, s. 19
21Section
19. 301.45 (3) (a) 3r. of the statutes is amended to read:
AB861-ASA2,9,2522
301.45
(3) (a) 3r. If the person has been committed under ch. 980, he or she is
23subject to this subsection upon being placed on supervised release under s. 980.06
24(2), 1997 stats., or s. 980.08 or, if he or she was not placed on supervised release,
25before being discharged under s. 980.09 or
980.10
980.093.
AB861-ASA2,10,62
301.45
(3) (b) 3. The department of health and family services shall notify a
3person who is being placed on conditional release,
supervised release, conditional
4transfer or parole, or is being terminated or discharged from a commitment, under
5s. 51.20, 51.35 or 971.17 or ch. 975 or 980 and who is covered under sub. (1g) of the
6need to comply with the requirements of this section.
AB861-ASA2,10,138
301.45
(5) (b) 2. The person has been found to be a sexually violent person under
9ch. 980, regardless of whether the person
is has been discharged under
s. 980.10,
102001 stats., s. 980.09 or
980.10 980.093 from the sexually violent person
11commitment, except that the person no longer has to comply with this section if the
12finding that the person is a sexually violent person has been reversed, set aside or
13vacated.
AB861-ASA2,10,1715
756.06
(2) (b) Except as provided in
par. pars. (c)
and (cm), a jury in a civil case
16shall consist of 6 persons unless a party requests a greater number, not to exceed 12.
17The court, on its own motion, may require a greater number, not to exceed 12.
AB861-ASA2,10,2419
756.06
(2) (cm) A jury in a trial under s. 980.05 shall consist of the number of
20persons specified in s. 980.05 (2) unless a lesser number has been stipulated to and
21approved under s. 980.05 (2m) (c). A jury in a hearing under s. 980.09 (2m) or 980.093
22(3) shall consist of the number of persons specified in s. 980.09 (2m) or 980.093 (3),
23whichever is applicable, unless a lesser number has been stipulated to and approved
24under s. 980.095 (3).
AB861-ASA2,11,4
1801.52 Discretionary change of venue. The court may at any time, upon
2its own motion, the motion of a party or the stipulation of the parties, change the
3venue to any county in the interest of justice or for the convenience of the parties or
4witnesses.
This section does not apply to proceedings under ch. 980.
AB861-ASA2,11,86
808.04
(3) Except as provided in subs. (4) and (7), an appeal in a criminal case
7or a case under ch. 48, 51, 55
or, 938
, or 980 shall be initiated within the time period
8specified in s. 809.30.
AB861-ASA2,11,1210
808.04
(4) Except as provided in sub. (7m), an appeal by the state in either a
11criminal case under s. 974.05 or a case under ch. 48
or
, 938
, or 980 shall be initiated
12within 45 days of entry of the judgment or order appealed from.
AB861-ASA2,11,1614
808.075
(4) (h) Commitment, supervised release, recommitment, discharge,
15and postcommitment relief under ss. 980.06, 980.08, 980.09,
980.10 980.093, and
16980.101 of a person found to be a sexually violent person under ch. 980.
AB861-ASA2, s. 28
17Section
28. 809.10 (1) (d) of the statutes, as affected by Supreme Court Order
1802-01, is repealed and recreated to read: