SB492, s. 59
16Section
59. 895.555 (title) of the statutes is amended to read:
SB492,16,17
17895.555 (title)
Liability
Civil liability exemption; anhydrous ammonia.
Note: Conforms title to other section titles within Subchapter II of Chapter 895,
consistent with the subject matter of the section.
SB492, s. 60
18Section
60
. 895.65 of the statutes is renumbered 230.90.
Note: Moves s. 895.65, Government employer retaliation prohibited, which
prohibits government employers from retaliating, by engaging in disciplinary action,
against employees lawfully disclosing information, to ch. 230, State Employment
Relations, for more logical placement.
SB492, s. 61
1Section
61. 895.67 of the statutes is renumbered 995.67.
Note: Moves s. 895.67, Domestic abuse services; prohibited disclosures, to new
Chapter 995, Miscellaneous Statutes.
SB492, s. 62
2Section
62. 895.70 of the statutes is renumbered 895.441, and 895.441 (title),
3as renumbered, is amended to read:
SB492,17,4
4895.441 (title)
Sexual exploitation by a therapist; action for.
Note: Moves s. 895.70, Sexual exploitation by a therapist, which provides a cause
of action, so that it is not located in Subchapter II, Exemptions From Liability, and is
located in Subchapter I, Damages, Recovery, and Miscellaneous Provisions Regarding
Actions in Courts. Makes title more specific to clarify the applicability of the statute.
SB492, s. 63
5Section
63. 895.71 of the statutes is renumbered 895.442, and 895.442 (title)
6and (5), as renumbered, are amended to read:
SB492,17,7
7895.442 (title)
Sexual exploitation by a member of the clergy; action for.
SB492,17,13
8(5) Silence agreements. Any contract or agreement concerning the settlement
9of any claim under this section that limits or eliminates the right of the injured
10person to disclose the sexual contact described under sub. (2) to another member of
11the religious organization to which the member of the clergy under sub. (2) belongs,
12to a therapist, as defined in s.
895.70 895.441 (1) (e), to a person listed under s. 48.981
13(2) (a), or to a district attorney, is void.
Note: Moves s. 895.71, Sexual exploitation by a member of the clergy, which
provides a cause of action, so that it is not located in Subchapter II, Exemptions From
Liability, and is located in Subchapter I, Damages, Recovery, and Miscellaneous
Provisions Regarding Actions in Courts. Makes title more specific to clarify the
applicability of the statute. Section 895.70 is renumbered s. 895.441 by this bill.
SB492, s. 64
14Section
64. 895.73 of the statutes is renumbered 895.45, and 895.45 (title), as
15renumbered, is amended to read:
SB492,17,17
16895.45 (title)
Service representatives
for adult abusive conduct
17complainants.
Note: Moves s. 895.73, Service representatives, which allows adult abuse victims
appearing in court to have a service representative present, so that it is not located in
Subchapter II, Exemptions From Liability, and is located in Subchapter I, Damages,
Recovery, and Miscellaneous Provisions Regarding Actions in Courts. Makes title more
specific to clarify the applicability of the statute.
SB492, s. 65
1Section
65. 895.75 of the statutes is renumbered 895.443, and 895.443 (title),
2as renumbered, is amended to read:
SB492,18,4
3895.443 (title)
Physical injury, emotional distress, loss or damage
4suffered by members of certain groups; action for.
Note: Moves s. 895.75, Physical injury, emotional distress, loss or damage suffered
by members of certain groups, which allows for recovery for emotional damages in certain
actions, so that it is not located in Subchapter II, Exemptions From Liability, and is
located in Subchapter I, Damages, Recovery, and Miscellaneous Provisions Regarding
Actions in Courts. Makes title more specific to clarify the applicability of the statute.
SB492, s. 66
5Section
66. 895.76 of the statutes is renumbered 895.455.
Note: Moves s. 895.76, Limits on recovery by prisoners, so that it is not located in
Subchapter II, Exemptions From Liability, and is located in Subchapter I, Damages,
Recovery, and Miscellaneous Provisions Regarding Actions in Courts.
SB492, s. 67
6Section
67. 895.77 of the statutes is renumbered 895.444, and 895.444 (title),
7as renumbered, is amended to read:
SB492,18,8
8895.444 (title)
Injury caused by criminal gang activity; action for.
Note: Moves s. 895.77, Injury caused by criminal gang activity, which creates a
cause of action, so that it is not located in Subchapter II, Exemptions From Liability, and
is located in Subchapter I, Damages, Recovery, and Miscellaneous Provisions Regarding
Actions in Courts. Makes title more specific to clarify the applicability of the statute.
SB492, s. 68
9Section
68. 895.78 of the statutes is renumbered 895.457.
Note: Moves s. 895.78, Limiting felon's right to damages, so that it is not located
in Subchapter II, Exemptions From Liability, and is located in Subchapter I, Damages,
Recovery, and Miscellaneous Provisions Regarding Actions in Courts.
SB492, s. 69
10Section
69. 895.79 of the statutes is renumbered 895.445, and 895.445 (title),
11as renumbered, is amended to read:
SB492,18,12
12895.445 (title)
Damage to certain machines
; action for.
Note: Moves s. 895.79, Damage to certain machines, which creates a cause of
action, so that it is not located in Subchapter II, Exemptions From Liability, and is located
in Subchapter I, Damages, Recovery, and Miscellaneous Provisions Regarding Actions in
Courts. Makes title more specific to clarify the applicability of the statute.
SB492, s. 70
1Section
70. 895.80 of the statutes is renumbered 895.446, and 895.446 (title),
2as renumbered, is amended to read:
SB492,19,3
3895.446 (title)
Property damage or loss
caused by crime; action for.
Note: Moves s. 895.80, Property damage or loss, which creates a cause of action,
so that it is not located in Subchapter II, Exemptions From Liability, and is located in
Subchapter I, Damages, Recovery, and Miscellaneous Provisions Regarding Actions in
Courts. Makes title more specific to clarify the applicability of the statute.
SB492, s. 71
4Section
71. 895.85 of the statutes is renumbered 895.043.
Note: Moves s. 895.85, Punitive damages, so it is not located in Subchapter II,
Exemptions From Liability and is located in Subchapter I, Damages, Recovery, and
Miscellaneous Provisions Regarding Actions in Courts.
SB492, s. 72
5Section
72. 938.346 (1) (h) 1. of the statutes is amended to read:
SB492,19,76
938.346
(1) (h) 1. The right to be accompanied by a service representative, as
7provided under s.
895.73 895.45.
Note: Section 895.73 is renumbered s. 895.45 by this bill.
SB492, s. 73
8Section
73. 950.04 (1v) (c) of the statutes is amended to read:
SB492,19,109
950.04
(1v) (c) To be accompanied by a service representative, as provided
10under s.
895.73 895.45.
Note: Section 895.73 is renumbered s. 895.45 by this bill.
SB492, s. 74
11Section
74. 970.03 (4) (a) of the statutes is amended to read:
SB492,20,212
970.03
(4) (a) If the defendant is accused of a crime under s. 940.225, 948.02,
13948.025, 948.05, 948.06
, or 948.095, the court may exclude from the hearing all
14persons who are not officers of the court, members of the complainant's or defendant's
15families
, or others considered by the court to be supportive of the complainant or
16defendant, the service representative, as defined in s.
895.73 895.45 (1) (c), or other
17persons required to attend, if the court finds that the state or the defendant has
18established a compelling interest that would likely be prejudiced if the persons were
1not excluded. The court may consider as a compelling interest, among others, the
2need to protect a complainant from undue embarrassment and emotional trauma.
Note: Section 895.73 is renumbered s. 895.45 by this bill.
SB492, s. 75
3Section
75. 972.11 (1) of the statutes is amended to read:
SB492,20,94
972.11
(1) Except as provided in subs. (2) to (4), the rules of evidence and
5practice in civil actions shall be applicable in all criminal proceedings unless the
6context of a section or rule manifestly requires a different construction. No guardian
7ad litem need be appointed for a defendant in a criminal action. Chapters 885 to 895
8and 995, except ss. 804.02 to 804.07 and 887.23 to 887.26, shall apply in all criminal
9proceedings.
Note: Parts of ch. 895 are renumbered to ch. 995 by this bill.
SB492, s. 76
10Section
76. 990.001 (4) (e) of the statutes is amended to read:
SB492,20,1711
990.001
(4) (e) "Legal holiday" as used in this section means any statewide legal
12holiday provided in s.
895.20 995.20. When an act is permitted to be done by the use
13of the postal service, and the last day within the time prescribed by law for
14performing such act falls on a legal public holiday under federal law, or other holiday
15designated by the president such that the postal service does not receive registered
16mail or make regular deliveries on that day, the day shall be considered a legal
17holiday for purposes of this section.
Note: Section 895.20 is renumbered s. 995.20 by this bill.
SB492, s. 77
18Section
77. Chapter 995 (title) of the statutes is created to read:
SB492,20,2019
Chapter 995
20
Miscellaneous Statutes