Note: There is no conflict of substance. As merged by the revisor s. 813.12 (3) (a)
2. reads:
2. The judge or circuit court commissioner finds reasonable grounds to believe that
the respondent has engaged in, or based on prior conduct of the petitioner and the
respondent may engage in, domestic abuse of the petitioner.
SB558,30,156
813.12
(3) (aj) In determining whether to issue a temporary restraining order,
7the judge or circuit court commissioner shall consider the potential danger posed to
8the petitioner and the pattern of abusive conduct of the respondent but may not base
9his or her decision solely on the length of time since the last domestic abuse or the
10length of time since the relationship ended. The judge or circuit court commissioner
11may grant only the remedies requested or approved by the petitioner. The judge or
12family circuit court commissioner may not dismiss or deny granting a temporary
13restraining order because of the existence of a pending action or of any other court
14order that bars contact between the parties, nor due to the necessity of verifying the
15terms of an existing court order.
Note: 2001 Wis. Act 61 replaced "family court commissioner" with "circuit court
commissioner" throughout the statutes.
Note: There is no conflict of substance. As merged by the revisor s. 813.12 (3) (c)
reads:
(c) The temporary restraining order is in effect until a hearing is held on issuance
of an injunction under sub. (4). The temporary restraining order is not voided if the
respondent is admitted into a dwelling that the order directs him or her to avoid. A judge
or circuit court commissioner shall hold a hearing on issuance of an injunction within 14
days after the temporary restraining order is issued, unless the time is extended upon the
written consent of the parties or extended once for 14 days upon a finding that the
respondent has not been served with a copy of the temporary restraining order although
the petitioner has exercised due diligence.
Note: There is no conflict of substance. As merged by the revisor s. 813.12 (4) (a)
(intro.) reads:
(a) (intro.) A judge or circuit court commissioner may grant an injunction ordering
the respondent to refrain from committing acts of domestic abuse against the petitioner,
to avoid the petitioner's residence, except as provided in par. (am), or any other location
temporarily occupied by the petitioner or both, or to avoid contacting or causing any
person other than a party's attorney or a law enforcement officer to contact the petitioner
unless the petitioner consents to that contact in writing, or any combination of these
remedies requested in the petition, or any other appropriate remedy not inconsistent with
the remedies requested in the petition, if all of the following occur:
Note: There is no conflict of substance. As merged by the revisor s. 813.12 (4) (a)
3. reads:
3. After hearing, the judge or circuit court commissioner finds reasonable grounds
to believe that the respondent has engaged in, or based upon prior conduct of the
petitioner and the respondent may engage in, domestic abuse of the petitioner.
SB558,32,27
813.12
(4) (aj) In determining whether to issue an injunction, the judge or
8circuit court commissioner shall consider the potential danger posed to the petitioner
9and the pattern of abusive conduct of the respondent but may not base his or her
10decision solely on the length of time since the last domestic abuse or the length of time
11since the relationship ended. The judge or circuit court commissioner may grant only
12the remedies requested by the petitioner. The judge or
family circuit court
13commissioner may not dismiss or deny granting an injunction because of the
1existence of a pending action or of any other court order that bars contact between
2the parties, nor due to the necessity of verifying the terms of an existing court order.
Note: 2001 Wis. Act 61 replaced "family court commissioner" with "circuit court
commissioner" throughout the statutes.
SB558, s. 88
3Section
88. 813.125 (4) (a) (intro.) of the statutes is amended to read:
SB558,32,94
813.125
(4) (a) (intro.) A judge or circuit court commissioner may
issue a
5temporary restraining order grant an injunction ordering the respondent to cease or
6avoid the harassment of another person, to avoid the petitioner's residence, except
7as provided in par. (am), or any premises temporarily occupied by the petitioner or
8both, or any combination of these remedies requested in the petition, if all of the
9following occur:
SB558, s. 89
10Section
89. 938.34 (3) (b) of the statutes is amended to read:
SB558,32,1911
938.34
(3) (b) The home of a person who is not required to be licensed if
12placement is for less than 30 days, except that the court may not designate the
name 13home of a person who is not required to be licensed as the juvenile's placement if the
14person has been convicted under s. 940.01 of the first-degree intentional homicide,
15or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the juvenile,
16and the conviction has not been reversed, set aside
, or vacated, unless the court
17determines by clear and convincing evidence that the placement would be in the best
18interests of the juvenile. The court shall consider the wishes of the juvenile in
19making that determination.
Note: Replaces incorrect word inserted by
1999 Wis. Act 9, consistent with s.
938.34 (3) (a) and the parallel provisions in s. 48.345 (3) (a) and (b).
SB558, s. 90
20Section
90. 938.38 (5m) (b) of the statutes is amended to read:
SB558,33,7
1938.38
(5m) (b) Not less than 30 days before the date of the hearing, the court
2shall notify the juvenile; the juvenile's parent, guardian, and legal custodian; the
3juvenile's foster parent or treatment foster parent, the operator of the facility in
4which the juvenile is living,
or the relative with whom the juvenile is living; the
5juvenile's counsel, and the juvenile's guardian ad litem;
or the relative with whom
6the juvenile is living; the agency that prepared the permanency plan; and the person
7representing the interests of the public of the date, time, and place of the hearing.
Note: Moves text incorrectly placed in
2001 Wis. Act 109, consistent with the
parallel provision in s. 48.38 (5m) (b), as created by section 102rm of Act 109.
Note: There is no conflict of substance. As merged by the revisor s. 938.78 (3)
reads:
(3) If a juvenile adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or
found to be in need of protection or services under s. 48.13 (12), 1993 stats., or s. 48.13
(14), 1993 stats., or s. 938.13 (12) or (14) on the basis of a violation of s. 943.23 (1m) or (1r),
1999 stats., or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26,
941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10
(2) (a), 943.23 (1g), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60, 948.605,
or 948.61 or any crime specified in ch. 940 has escaped from a secured correctional facility,
residential care center for children and youth, secured group home, inpatient facility, as
defined in s. 51.01 (10), secure detention facility, or juvenile portion of a county jail, or
from the custody of a peace officer or a guard of such a facility, center, or jail, or has been
allowed to leave a secured correctional facility, residential care center for children and
youth, secured group home, inpatient facility, secure detention facility, or juvenile portion
of a county jail for a specified time period and is absent from the facility, center, home, or
jail for more than 12 hours after the expiration of the specified period, the department
or county department having supervision over the juvenile may release the juvenile's
name and any information about the juvenile that is necessary for the protection of the
public or to secure the juvenile's return to the facility, center, home, or jail. The
department of corrections shall promulgate rules establishing guidelines for the release
of the juvenile's name or information about the juvenile to the public.
Note: There is no conflict of substance. As merged by the revisor s. 939.32 (1)
(intro.) reads:
(1) Generally. (intro.) Whoever attempts to commit a felony or a crime specified
in s. 940.19, 940.195, 943.20, or 943.74 may be fined or imprisoned or both as provided
under sub. (1g), except:
SB558, s. 93
1Section
93. 941.291 (1) (b) of the statutes is amended to read:
SB558,34,92
941.291
(1) (b) "Violent felony" means any felony, or the solicitation, conspiracy,
3or attempt to commit any felony, under s.
943.23 (1m) or (1r), 1999 stats., or s. 940.01,
4940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.20,
5940.201, 940.203, 940.21, 940.225, 940.23, 940.285 (2), 940.29, 940.295 (3), 940.30,
6940.305, 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20, 941.26, 941.28, 941.29,
7941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.04, 943.06, 943.10 (2),
8943.23 (1g),
(1m), or (1r), 943.32, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03,
9948.04, 948.05, 948.06, 948.07, 948.08, or 948.30.
SB558, s. 94
10Section
94. 943.76 (1) (a) of the statutes is amended to read:
SB558,34,1311
943.76
(1) (a) "Livestock" means cattle, horses, swine, sheep, goats,
12farm-raised deer, as defined in s. 95.001 (1)
(a)
(ag), poultry, and other animals used
13or to be used in the production of food, fiber, or other commercial products.
Note: Inserts the correct cross-reference.
2001 Wis. Act 56 renumbered s. 95.001
(1) (a) to s. 95.001 (1) (ag).
SB558, s. 95
14Section
95. 943.76 (1) (c) of the statutes is amended to read:
SB558,34,1715
943.76
(1) (c) "Reckless conduct" means conduct
which that creates a
16substantial risk of an animal's death or a substantial risk of bodily harm to an animal
17if the actor is aware of that risk.
Note: Replaces "which" with "that" to correct grammar.
Note: There is no conflict of substance. As merged by the revisor s. 946.82 (4)
reads:
(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 (4) 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) (bf) to (e), 943.201, 943.23 (1g),
(2) and (3), 943.24 (2), 943.25, 943.27, 943.28, 943.30, 943.32, 943.34 (1) (bf), (bm), and
(c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (bf), (bm), and (c), 943.60,
943.70, 943.76, 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.
SB558,35,73
948.075
(1) Whoever uses a computerized communication system to
4communicate with an individual who the actor believes or has reason to believe has
5not attained the age of 16 years with intent
to have sexual contact or sexual
6intercourse with the individual in violation of s. 948.02 (1) or (2) is guilty of a Class
7D felony.
Note: Inserts missing word.
Note: There is no conflict of substance. As merged by the revisor s. 948.13 (1) (a)
reads:
(a) A crime under s. 940.22 (2) or 940.225 (2) (c) or (cm), if the victim is under 18
years of age at the time of the offense, or a crime under s. 948.02 (1) or (2), 948.025 (1),
948.05 (1) or (1m), 948.06, 948.07 (1), (2), (3), or (4), or 948.075.
Note: There is no conflict of substance. As merged by the revisor s. 948.13 (2) (a)
reads:
(a) Except as provided in pars. (b) and (c), whoever has been convicted of a serious
child sex offense and subsequently engages in an occupation or participates in a volunteer
position that requires him or her to work or interact primarily and directly with children
under 16 years of age is guilty of a Class F felony.
SB558, s. 100
12Section
100. 948.22 (7) (b) (intro.) of the statutes is amended to read:
SB558,36,3
1948.22
(7) (b) (intro.) In addition to or instead of imposing a penalty authorized
2for a Class
E I felony or a Class A misdemeanor, whichever is appropriate, the court
3shall:
Note: 2001 Wis. Act 109 changed the classification of violation of s. 948.22 (2) from
a Class E felony to a Class I felony without changing the corresponding reference in s.
948.22 (7).
SB558,36,86
973.017
(4) (a) 4. (intro.) "Significantly exposed" means sustaining a contact
7which that carries a potential for transmission of a sexually transmitted disease or
8HIV by one or more of the following:
Note: Replaces "which" with "that" to correct grammar.
Note: There is no conflict of substance. As merged by the revisor s. 973.034 reads:
973.034 Sentencing; restriction on child sex offender working with
children. Whenever a court imposes a sentence or places a defendant on probation
regarding a conviction under s. 940.22 (2) or 940.225 (2) (c) or (cm), if the victim is under
18 years of age at the time of the offense, or a conviction under s. 948.02 (1) or (2), 948.025
(1), 948.05 (1) or (1m), 948.06, 948.07 (1), (2), (3), or (4), or 948.075, the court shall inform
the defendant of the requirements and penalties under s. 948.13.
SB558, s. 103
11Section
103. 973.20 (1r) of the statutes is amended to read:
SB558,37,1312
973.20
(1r) When imposing sentence or ordering probation for any crime, other
13than a crime involving conduct that constitutes domestic abuse under s. 813.12 (1)
14(a) (am) or 968.075 (1) (a), for which the defendant was convicted, the court, in
15addition to any other penalty authorized by law, shall order the defendant to make
16full or partial restitution under this section to any victim of a crime considered at
17sentencing or, if the victim is deceased, to his or her estate, unless the court finds
18substantial reason not to do so and states the reason on the record. When imposing
19sentence or ordering probation for a crime involving conduct that constitutes
1domestic abuse under s. 813.12 (1)
(a) (am) or 968.075 (1) (a) for which the defendant
2was convicted or that was considered at sentencing, the court, in addition to any
3other penalty authorized by law, shall order the defendant to make full or partial
4restitution under this section to any victim of a crime or, if the victim is deceased, to
5his or her estate, unless the court finds that imposing full or partial restitution will
6create an undue hardship on the defendant or victim and describes the undue
7hardship on the record. Restitution ordered under this section is a condition of
8probation, extended supervision
, or parole served by the defendant for a crime for
9which the defendant was convicted. After the termination of probation, extended
10supervision
, or parole, or if the defendant is not placed on probation, extended
11supervision
, or parole, restitution ordered under this section is enforceable in the
12same manner as a judgment in a civil action by the victim named in the order to
13receive restitution or enforced under ch. 785.
Note: Inserts correct cross-reference.
2001 Wis. Act 109 renumbered s. 813.12 (1)
(a) to s. 813.12 (1) (am).
SB558, s. 104
14Section
104. 973.30 (1) (d) of the statutes is amended to read:
SB558,37,1715
973.30
(1) (d) Provide information to the legislature, state agencies, and the
16public regarding the costs to and other needs of the department
which that result
17from sentencing practices.
Note: Replaces "which" with "that" to correct grammar.
Note: The comma following "schools" was inserted into s. 77.52 (2) (a) 10. by
2001
Wisconsin Act 16, section
2245, but was not included in the treatment of the same
provision by section 2245d.
SB558,38,8
1[
2001 Wisconsin Act 52] Section 13 (1)
Using the procedure under section
2227.24 of the statutes, the board of nursing may promulgate the rules required under
3section 441.15 (5)
(b) (bm) of the statutes, as created by this act, for the period before
4permanent rules become effective, but not to exceed the period authorized under
5section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a)
6and (2) (b) of the statutes, the board of nursing need not provide evidence of the
7necessity of preservation of the public peace, health, safety, or welfare in
8promulgating rules under this subsection.
Note: Inserts correct cross-reference. There is no s. 441.15 (5) (b).
Note: This section is replaced by the creation of s. 48.981 (2) (a) 22m. in Section
26 of this bill. See also the note under Section 26 of this bill.
SB558, s. 108
10Section
108. 2001 Wisconsin Act 75, section
7 is amended by replacing "134.66
11(5) A county, town, village" with "134.66
(5) Local ordinance. A county, town,
12village"
Note: The title to 134.66 (5) was not shown in the treatment by
2001 Wis. Act 75,
section
7. The deletion was not intended.
Note: The word "a" was deleted from s. 71.80 (12) (a) 1. without striking. The
deletion was intended.
Note: The underscored comma was inserted into s. 48.358 (2) without being
underscored. The insertion was intended.
Note: In s. 302.02 (1m) (h), the underscored "the" was inserted without being
underscored and the stricken "that" was deleted without being shown as stricken. The
insertion and deletion were intended.
Note: The underscored comma was inserted into s. 341.14 (6) (a) without being
underscored. The insertion was intended.
Note: The comma following "schools" was inserted into s. 77.52 (2) (a) 10. by
2001
Wisconsin Act 16, section
2245, but was not included in the treatment of the same
provision by section 2245d of that act.
2001 Wis. Act 104, section
70, amended s. 77.52
(2) (a) 10. by
2001 Wisconsin Act 16, section
2245d. This bill corrects the treatment by
Act 16 section 2245d to include the comma. This section confirms that the comma is
retained.
Note: The word "be" was incorrectly repeated in stricken text in s. 93.07 (21).