Note: There is no conflict of substance. As merged by the revisor, s. 814.85 (1) (b),
as renumbered from s. 814.634 (1) (b) by
2003 Wis. Act 139, reads:
(b) Notwithstanding par. (a), the clerk of circuit court shall charge and collect a
$169 court support services surcharge from any person, including any governmental unit,
as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a) or (3) or 814.62 (1) or (2),
if the party paying the fee seeks the recovery of money and the amount claimed exceeds
the amount under s. 799.01 (1) (d).
Note: There is no conflict of substance. As merged by the revisor, s. 814.85 (1) (c),
as renumbered from s. 814.634 (1) (c) by
2003 Wis. Act 139, reads:
(c) Notwithstanding par. (a), the clerk of circuit court shall charge and collect a $51
court support services surcharge from any person, including any governmental unit, as
defined in s. 108.02 (17), paying a fee under s. 814.62 (3) (a) or (b), or paying a fee under
s. 814.61 (1) (a) or (3) or 814.62 (1) or (2) if the party paying the fee seeks the recovery of
money and the amount claimed is equal to or less than the amount under s. 799.01 (1) (d).
SB564,40,59
814.86
(1) Except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681
10(1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation
11had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the
12violation, or for a safety belt use violation under s. 347.48 (2m), the clerk of circuit
1court shall charge and collect a $9 justice information system surcharge from any
2person, including any governmental unit, as defined in s. 108.02 (17), paying a fee
3under s. 814.61 (1) (a), (3), or (8) (am), 814.62 (1), (2), or (3) (a) or (b), or 814.63 (1).
4The justice information system surcharge is in addition to the surcharge listed in
this
5section sub. (1m).
Note: Makes reference more specific and provides consistency between s. 814.86
(1) and (1m).
Note: There is no conflict of substance. As merged by the revisor, s. 814.86 (1m),
as renumbered from s. 814.635 (1m) by
2003 Wis. Act 139, reads:
(1m) Beginning on October 1, 1995, whenever the clerk of circuit court for
Milwaukee County charges and collects a surcharge under sub. (1), he or she shall also
charge and collect a $3.50 special prosecution clerks surcharge. The special prosecution
clerks surcharge is in addition to the surcharge listed in sub. (1).
SB564, s. 128
8Section
128. 881.01 (1) (b) of the statutes, as affected by 2003 Wisconsin Act
9.... (Senate Bill 492), is amended to read:
SB564,40,1110
881.01
(1) (b) "Fiduciary" means
a personal representative, trustee,
11conservator, or guardian of the estate.
Note: Inserts missing article.
SB564, s. 129
12Section
129. 938.299 (6) (c) of the statutes is amended to read:
SB564,40,1613
938.299
(6) (c) The court having jurisdiction over actions affecting the family
14shall give priority under
s. 767.475 (7m) to an action brought under s. 767.45
15whenever the petition filed under s. 767.45 indicates that the matter was referred
16by the court under par. (a).
Note: Inserts missing "s."
SB564, s. 130
17Section
130. 939.74 (2) (c) of the statutes, as affected by 2003 Wisconsin Act
18.... (Senate Bill 207), is amended to read:
SB564,41,4
1939.74
(2) (c) A prosecution for violation of s. 948.02, 948.025, 948.03 (2) (a),
2948.05, 948.06, 948.07 (1), (2), (3), or (4),
948.075, 948.08, or 948.095 shall be
3commenced before the victim reaches the age of 45 years or be barred, except as
4provided in sub. (2d) (c).
Note: 2003 Wis. Act (SB 207) deleted the underscored text without showing it as
stricken. No change was intended.
SB564,41,117
949.08
(2) (em) Is an adult passenger in the offender's commercial motor
8vehicle, the crime involved is specified in s. 346.63 (6) or 940.25, and the passenger
9knew the offender was
0.08 committing that offense. This paragraph does not apply
10if the victim is also a victim of a crime specified in s. 940.30, 940.305, 940.31, or
11948.30.
Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04,
s. 973.055 (2) (a) reads:
(a) If the surcharge is imposed by a court of record, after the court determines the
amount due, the clerk of the court shall collect and transmit the amount to the county
treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment
to the secretary of administration as provided in s. 59.25 (3) (f) 2.
Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04,
s. 973.055 (2) (b) reads:
(b) If the surcharge is imposed by a municipal court, after a determination by the
court of the amount due, the court shall collect and transmit the amount to the treasurer
of the county, city, town, or village, and that treasurer shall make payment to the
secretary of administration as provided in s. 66.0114 (1) (bm).
SB564, s. 134
16Section
134. 974.02 (1) of the statutes is amended to read:
SB564,42,9
1974.02
(1) A motion for postconviction relief other than under s. 974.06 or
2974.07 (2) by the defendant in a criminal case shall be made in the time and manner
3provided in
ss. s. 809.30
and 809.40. An appeal by the defendant in a criminal case
4from a judgment of conviction or from an order denying a postconviction motion or
5from both shall be taken in the time and manner provided in ss. 808.04 (3)
, and 6809.30
and 809.40. An appeal of an order or judgment on habeas corpus remanding
7to custody a prisoner committed for trial under s. 970.03 shall be taken under ss.
8808.03 (2) and 809.50, with notice to the attorney general and the district attorney
9and opportunity for them to be heard.
Note: Corrects cross-references. Prior to the adoption of Sup. Ct. Order No. 02-01,
appeals of misdemeanors were made under s. 809.40 (1) and of felonies under s. 809.30.
Sup. Ct. Order No. 02-01 repealed s. 809.40 (1) and amended s. 809.30 to apply to all
criminal cases but did not treat cross-references to s. 809.40.
SB564, s. 135
10Section
135. 2003 Wisconsin Act 97, section
77 is amended by replacing
11"939.75 (2) (b) of the statutes is amended to read:" with "939.75 (2) (b) (intro.) of the
12statutes is amended to read:".
SB564, s. 136
13Section
136. 2003 Wisconsin Act 97, section
78 is amended by replacing
14"939.75 (3) (intro) of the statutes is amended to read:" with "939.75 (3) of the statutes
15is amended to read:".
Note: Section 939.75 (3) is not subdivided.
Note: The comma following "bridges" was preexisting.
Note: Section
55 of
2003 Wis. Act 118 states "
30.12 (4m) of the statutes is renumbered
30.12 (1m), and 30.12 (1m) (c) (intro.), as renumbered, is amended," but the renumbering does not
result in there being a 30.12 (1m) (c) (intro.), and the text shown is that of the former 30.12 (4m)
(intro.), which after renumbering 30.12 (4m) to 30.12 (1m) is 30.12 (1m) (intro.).
Note: The underscored "and" was preexisting text.
SB564, s. 140
3Section
140. 2003 Wisconsin Act .... (Assembly Bill 323), section 30 is amended
4by replacing "March 31
and before the expiration date" with "March 31 before the
5expiration date
and".
Note: The stricken "and" was shown in the wrong location.
SB564, s. 142
9Section
142. 2003 Wisconsin Act .... (Senate Bill 380), section 4 is amended by
10replacing "
of foreign corporations and debt of foreign governments" with "
of foreign
11corporations and debt of foreign governments,".
Note: A comma was deleted without being shown as stricken. The change was
intended.
SB564, s. 143
12Section
143. 2003 Wisconsin Act .... (Senate Bill 218), section 25m is amended
13by replacing "180.1302 (1) of the statutes is amended to read:" with "180.1302 (1)
14(intro.) of the statutes is amended to read:".
Note: 2003 Wis. Act (SB 218), section 25m affects only the (intro.) provision of s.
180.1302 (1).
SB564, s. 144
15Section
144. 2003 Wisconsin Act .... (Assembly Bill 402), section 4 is amended
16by replacing "to
sub. subs. (3)
, and (4), venue" with "to
sub. subs. (3)
and (4), venue".
Note: The stricken comma was not preexisting.
SB564, s. 145
17Section
145. 2003 Wisconsin Act .... (Senate Bill 60), section 1 is amended by
18replacing "buildings," with "buildings
,".
Note: a comma was inserted without being underscored. The change was
intended.
SB564, s. 146
1Section
146.
Effective dates. This act takes effect on the day after
2publication, except as follows:
SB564,44,53
(1)
The treatment of sections 23.85, 29.987 (1) (d), 59.25 (3) (k), 59.40 (2) (m),
471.08 (1) (intro.), 71.26 (2) (a), 71.34 (1) (g), 71.45 (2) (a) 10., and 167.31 (5) (d) of the
5statutes takes effect on July 1, 2004.
SB564,44,76
(2) The treatment of sections 66.1105 (4m) (b) 4. and (8) (c) (intro.) and 440.994
7(3) (form) of the statutes takes effect on October 1, 2004.
SB564,44,108
(3)
The treatment of sections 703.165 (2) and 703.19 (8) of the statutes takes
9effect on the first day of the 7th month beginning after publication of 2003 Wisconsin
10Act .... (Assembly Bill 254).
SB564,44,1211
(4)
The treatment of section 343.12 (6) (a) of the statutes takes effect on the 10th
12month beginning after publication of 2003 Wisconsin Act .... (Senate Bill 350).