SB558: Bill Text

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.

SB558, s. 85 Section 85. The treatment of 813.12 (4) (a) (intro.) of the statutes by 2001 Wisconsin Act 61 is not repealed by 2001 Wisconsin Act 109. Both treatments stand.

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:

SB558, s. 86 Section 86. The treatment of 813.12 (4) (a) 3. of the statutes by 2001 Wisconsin Act 61 is not repealed by 2001 Wisconsin Act 109. Both treatments stand.

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, s. 87 Section 87. 813.12 (4) (aj) of the statutes, as affected by 2001 Wisconsin Act 61, section 268, and 2001 Wisconsin Act 109, section 519ms, is amended to read:

SB558,32,2 813.12 (4) (aj) In determining whether to issue an injunction, the judge or circuit court commissioner shall consider the potential danger posed to the petitioner and the pattern of abusive conduct of the respondent but may not base his or her decision solely on the length of time since the last domestic abuse or the length of time since the relationship ended. The judge or circuit court commissioner may grant only the remedies requested by the petitioner. The judge or family circuit court commissioner may not dismiss or deny granting an injunction because of the existence of a pending action or of any other court order that bars contact between the 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 Section 88. 813.125 (4) (a) (intro.) of the statutes is amended to read:

SB558,32,9 813.125 (4) (a) (intro.) A judge or circuit court commissioner may issue a temporary restraining order 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:

Note: Corrects an error in transcribing 2001 Wis. Act 16.

SB558, s. 89 Section 89. 938.34 (3) (b) of the statutes is amended to read:

SB558,32,19 938.34 (3) (b) The home of a person who is not required to be licensed if placement is for less than 30 days, except that the court may not designate the name home of a person who is not required to be licensed as the juvenile's placement if the person has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the juvenile, and the conviction has not been reversed, set aside, or vacated, unless the court determines by clear and convincing evidence that the placement would be in the best interests of the juvenile. The court shall consider the wishes of the juvenile in making 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 Section 90. 938.38 (5m) (b) of the statutes is amended to read:

SB558,33,7 938.38 (5m) (b) Not less than 30 days before the date of the hearing, the court shall notify the juvenile; the juvenile's parent, guardian, and legal custodian; the juvenile's foster parent or treatment foster parent, the operator of the facility in which the juvenile is living, or the relative with whom the juvenile is living; the juvenile's counsel, and the juvenile's guardian ad litem; or the relative with whom the juvenile is living; the agency that prepared the permanency plan; and the person representing 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.

SB558, s. 91 Section 91. The treatment of 938.78 (3) of the statutes by 2001 Wisconsin Act 59 is not repealed by 2001 Wisconsin Act 109. Both treatments stand.

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.

SB558, s. 92 Section 92. The treatment of 939.32 (1) (intro.) of the statutes by 2001 Wisconsin Act 91 is not repealed by 2001 Wisconsin Act 109. Both treatments stand.

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 Section 93. 941.291 (1) (b) of the statutes is amended to read:

SB558,34,9 941.291 (1) (b) "Violent felony" means any felony, or the solicitation, conspiracy, or attempt to commit any felony, under s. 943.23 (1m) or (1r), 1999 stats., or s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.20, 940.201, 940.203, 940.21, 940.225, 940.23, 940.285 (2), 940.29, 940.295 (3), 940.30, 940.305, 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20, 941.26, 941.28, 941.29, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), (1m), or (1r), 943.32, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07, 948.08, or 948.30.

Note: 2001 Wis. Act 109 repealed s. 943.23 (1m) and (1r).

SB558, s. 94 Section 94. 943.76 (1) (a) of the statutes is amended to read:

SB558,34,13 943.76 (1) (a) "Livestock" means cattle, horses, swine, sheep, goats, farm-raised deer, as defined in s. 95.001 (1) (a) (ag), poultry, and other animals used or 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 Section 95. 943.76 (1) (c) of the statutes is amended to read:

SB558,34,17 943.76 (1) (c) "Reckless conduct" means conduct which that creates a substantial risk of an animal's death or a substantial risk of bodily harm to an animal if the actor is aware of that risk.

Note: Replaces "which" with "that" to correct grammar.

SB558, s. 96 Section 96. The treatment of 946.82 (4) of the statutes by 2001 Wisconsin Act 105 is not repealed by 2001 Wisconsin Act 109. Both treatments stand.

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, s. 97 Section 97. 948.075 (1) of the statutes, as affected by 2001 Wisconsin Act 109, section 904n, is amended to read:

SB558,35,7 948.075 (1) Whoever uses a computerized communication system to communicate with an individual who the actor believes or has reason to believe has not attained the age of 16 years with intent to have sexual contact or sexual intercourse with the individual in violation of s. 948.02 (1) or (2) is guilty of a Class D felony.

Note: Inserts missing word.

SB558, s. 98 Section 98. The treatment of 948.13 (1) (a) of the statutes by 2001 Wisconsin Act 97 is not repealed by 2001 Wisconsin Act 109. Both treatments stand.

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.

SB558, s. 99 Section 99. The treatment of 948.13 (2) (a) of the statutes by 2001 Wisconsin Act 97 is not repealed by 2001 Wisconsin Act 109. Both treatments stand.

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 Section 100. 948.22 (7) (b) (intro.) of the statutes is amended to read:

SB558,36,3 948.22 (7) (b) (intro.) In addition to or instead of imposing a penalty authorized for a Class E I felony or a Class A misdemeanor, whichever is appropriate, the court shall:

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, s. 101 Section 101. 973.017 (4) (a) 4. (intro.) of the statutes, as created by 2001 Wisconsin Act 109, is amended to read:

SB558,36,8 973.017 (4) (a) 4. (intro.) "Significantly exposed" means sustaining a contact which that carries a potential for transmission of a sexually transmitted disease or HIV by one or more of the following:

Note: Replaces "which" with "that" to correct grammar.

SB558, s. 102 Section 102. The treatment of 973.034 of the statutes by 2001 Wisconsin Act 97 is not repealed by 2001 Wisconsin Act 109. Both treatments stand.

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 Section 103. 973.20 (1r) of the statutes is amended to read:

SB558,37,13 973.20 (1r) When imposing sentence or ordering probation for any crime, other than a crime involving conduct that constitutes domestic abuse under s. 813.12 (1) (a) (am) or 968.075 (1) (a), for which the defendant was convicted, the court, in addition to any other penalty authorized by law, shall order the defendant to make full or partial restitution under this section to any victim of a crime considered at sentencing or, if the victim is deceased, to his or her estate, unless the court finds substantial reason not to do so and states the reason on the record. When imposing sentence or ordering probation for a crime involving conduct that constitutes domestic abuse under s. 813.12 (1) (a) (am) or 968.075 (1) (a) for which the defendant was convicted or that was considered at sentencing, the court, in addition to any other penalty authorized by law, shall order the defendant to make full or partial restitution under this section to any victim of a crime or, if the victim is deceased, to his or her estate, unless the court finds that imposing full or partial restitution will create an undue hardship on the defendant or victim and describes the undue hardship on the record. Restitution ordered under this section is a condition of probation, extended supervision, or parole served by the defendant for a crime for which the defendant was convicted. After the termination of probation, extended supervision, or parole, or if the defendant is not placed on probation, extended supervision, or parole, restitution ordered under this section is enforceable in the same manner as a judgment in a civil action by the victim named in the order to receive 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 Section 104. 973.30 (1) (d) of the statutes is amended to read:

SB558,37,17 973.30 (1) (d) Provide information to the legislature, state agencies, and the public regarding the costs to and other needs of the department which that result from sentencing practices.

Note: Replaces "which" with "that" to correct grammar.

SB558, s. 105 Section 105. 2001 Wisconsin Act 16, section 2245d is amended by replacing "facilities, schools and hospitals" with "facilities, schools, and hospitals".

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, s. 106 Section 106. 2001 Wisconsin Act 52, section 13 (1) is amended to read:

SB558,38,8 [2001 Wisconsin Act 52] Section 13 (1) Using the procedure under section 227.24 of the statutes, the board of nursing may promulgate the rules required under section 441.15 (5) (b) (bm) of the statutes, as created by this act, for the period before permanent rules become effective, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the board of nursing need not provide evidence of the necessity of preservation of the public peace, health, safety, or welfare in promulgating rules under this subsection.

Note: Inserts correct cross-reference. There is no s. 441.15 (5) (b).

SB558, s. 107 Section 107 . 2001 Wisconsin Act 70, section 2 is repealed.

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 Section 108. 2001 Wisconsin Act 75, section 7 is amended by replacing "134.66 (5) A county, town, village" with "134.66 (5) Local ordinance. A county, town, village"

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.

SB558, s. 109 Section 109. 2001 Wisconsin Act 102, section 29 is amended by replacing "property in this state shall be" with "property in this state shall be a".

Note: The word "a" was deleted from s. 71.80 (12) (a) 1. without striking. The deletion was intended.

SB558, s. 110 Section 110. 2001 Wisconsin Act 103, section 115 is amended by replacing "by gift, purchase, or condemnation" with "by gift, purchase, or condemnation".

Note: The underscored comma was inserted into s. 48.358 (2) without being underscored. The insertion was intended.

SB558, s. 111 Section 111. 2001 Wisconsin Act 103, section 261 is amended by replacing "committed within the county" with "committed within that the county".

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.

SB558, s. 112 Section 112. 2001 Wisconsin Act 103, section 265 is amended by replacing "Panama, Somalia, or a Middle East crisis" with "Panama, Somalia , or a Middle East crisis".

Note: The underscored comma was inserted into s. 341.14 (6) (a) without being underscored. The insertion was intended.

SB558, s. 113 Section 113. 2001 Wisconsin Act 104, section 70 is amended by replacing "facilities, schools and hospitals" with "facilities, schools, and hospitals".

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.

SB558, s. 114 Section 114. 2001 Wisconsin Act 107, section 44 is amended by replacing "be be filled out" with "be filled out".

Note: The word "be" was incorrectly repeated in stricken text in s. 93.07 (21).

SB558, s. 115 Section 115. 2001 Wisconsin Act 107, section 58 is amended by replacing "the organization's current and future" with "the organization's current and future".

Note: The word "the" was incorrectly underscored in s. 132.16 (2). It was preexisting.

SB558, s. 116 Section 116. 2001 Wisconsin Act 107, section 82 is amended by replacing "(a) Proof of compliance" with "(a) Proof of compliance".

Note: "Proof" was inserted into s. 445.08 (4) (a) by 2001 Wis. Act 107 without being underscored. The insertion was intended.

SB558, s. 117 Section 117. 2001 Wisconsin Act 109, section 1uen is amended by replacing "subs. (1), (1m), (2), (2m), (9), (9m), and (10)" with "subs. (1), (1m), (2), (2m), (9), (9m), and (10)".

Note: The comma following "(2m)" was inserted into s. 11.26 (17) (a) without being underscored. The insertion was intended.