Amendment ASA1-SB40

SB40-ASA1, s. 2932 Section 2932. 938.396 (4) of the statutes is amended to read:

SB40-ASA1,1549,17 938.396 (4) Operating privilege records. When a court assigned to exercise jurisdiction under this chapter and ch. 48 or a municipal court exercising jurisdiction under s. 938.17 (2) revokes, suspends, or restricts a juvenile's operating privilege under this chapter, the department of transportation may not disclose information concerning or relating to the revocation, suspension, or restriction to any person other than a court assigned to exercise jurisdiction under this chapter and ch. 48, a municipal court exercising jurisdiction under s. 938.17 (2), a district attorney, county corporation counsel, or city, village, or town attorney, a law enforcement agency, a driver licensing agency of another jurisdiction, the juvenile whose operating privilege is revoked, suspended, or restricted, or the juvenile's parent or guardian. Persons entitled to receive this information may not disclose the information to other persons or agencies.

SB40-ASA1, s. 2933 Section 2933. 938.538 (6) of the statutes is amended to read:

SB40-ASA1,1549,24 938.538 (6) Purchase of services. The department of corrections may contract with the department of health and family services, the department of children and families, a county department, or any public or private agency for the purchase of goods, care, and services for participants in the program under this section. The department of corrections shall reimburse a person from whom it purchases goods, care, or services under this subsection from the appropriation under s. 20.410 (3) (cg).

SB40-ASA1, s. 2934 Section 2934. 938.547 (2) of the statutes is amended to read:

SB40-ASA1,1550,13 938.547 (2) Department responsibilities. Within the availability of funding under s. 20.435 (7) 20.437 (1) (mb) that is available for the pilot program, the department of health and family services children and families shall select counties to participate in the pilot program. Unless a county department of human services has been established under s. 46.23 in the county that is seeking to implement a pilot program, the application submitted to the department of health and family services children and families shall be a joint application by the county department that provides social services and the county department established under s. 51.42 or 51.437. The department of health and family services children and families shall select counties in accordance with the request-for-proposal procedures established by that department. The department of health and family services children and families shall give a preference to county applications that include a plan for case management.

SB40-ASA1, s. 2935 Section 2935. 938.548 of the statutes is amended to read:

SB40-ASA1,1550,18 938.548 Multidisciplinary screen and assessment criteria. The department of health and family services children and families shall make the multidisciplinary screen developed under s. 938.547 (3) and the assessment criteria developed under s. 938.547 (4) available to all counties.

SB40-ASA1, s. 2936 Section 2936. 938.57 (3) (a) (intro.) of the statutes is amended to read:

SB40-ASA1,1550,22 938.57 (3) (a) (intro.) From the reimbursement received under s. 46.495 48.569 (1) (d), counties may provide funding for the maintenance of any juvenile who meets all of the following qualifications:

SB40-ASA1, s. 2937 Section 2937. 938.57 (3) (a) 3. of the statutes is amended to read:

SB40-ASA1,1550,25 938.57 (3) (a) 3. Received funding under s. 46.495 48.569 (1) (d) immediately prior to his or her 17th birthday.

SB40-ASA1, s. 2938 Section 2938. 938.57 (3) (b) of the statutes is amended to read:

SB40-ASA1,1551,4 938.57 (3) (b) The funding provided for the maintenance of a juvenile under par. (a) shall be in an amount equal to that to which the juvenile would receive under s. 46.495 48.569 (1) (d) if the juvenile were 16 years of age.

SB40-ASA1, s. 2939 Section 2939. 938.78 (2) (h) of the statutes is amended to read:

SB40-ASA1,1551,11 938.78 (2) (h) Paragraph (a) does not prohibit the department of health and family services children and families, a county department, or a licensed child welfare agency from entering the content of any record kept or information received by that department, county department, or licensed child welfare agency into the statewide automated child welfare information system established under s. 46.03 48.47 (7g).

SB40-ASA1, s. 3834c Section 3834c. 941.237 (1) (c) of the statutes is amended to read:

SB40-ASA1,1551,16 941.237 (1) (c) "Encased" has the meaning given in s. 167.31 (1) (b) means enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied, or otherwise fastened with no part of the firearm exposed.

SB40-ASA1, s. 2940 Section 2940. 948.22 (4) (b) of the statutes is amended to read:

SB40-ASA1,1551,24 948.22 (4) (b) For a person not subject to a court order requiring child, grandchild or spousal support payments, when the person knows or reasonably should have known that he or she has a dependent, failure to provide support equal to at least the amount established by rule by the department of workforce development children and families under s. 49.22 (9) or causing a spouse, grandchild or child to become a dependent person, or continue to be a dependent person, as defined in s. 49.01 (2).

SB40-ASA1, s. 2941 Section 2941. 948.31 (1) (a) 2. of the statutes is amended to read:

SB40-ASA1,1552,5 948.31 (1) (a) 2. The department of health and family services children and families or the department of corrections or any person, county department under s. 46.215, 46.22, or 46.23, or licensed child welfare agency, if custody or supervision of the child has been transferred under ch. 48 or 938 to that department, person, or agency.

SB40-ASA1, s. 3836c Section 3836c. 948.605 (1) (a) of the statutes is amended to read:

SB40-ASA1,1552,10 948.605 (1) (a) "Encased" has the meaning given in s. 167.31 (1) (b) means enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied, or otherwise fastened with no part of the firearm exposed.

SB40-ASA1, s. 2942 Section 2942. Subchapter I (title) of chapter 949 [precedes 949.001] of the statutes is created to read:

SB40-ASA1,1552,13 chapter 949

SB40-ASA1,1552,15 SUBCHAPTER I Crime victim compensation

SB40-ASA1, s. 2943 Section 2943. 949.01 (intro.) of the statutes is amended to read:

SB40-ASA1,1552,17 949.01 Definitions. (intro.) In this chapter subchapter:

SB40-ASA1, s. 2944 Section 2944. 949.02 of the statutes is amended to read:

SB40-ASA1,1552,24 949.02 Administration. The department shall administer this chapter subchapter. The department shall appoint a program director to assist in administering this chapter subchapter. The department shall promulgate rules for the implementation and operation of this chapter subchapter. The rules shall include procedures to ensure that any limitation of an award is calculated in a fair and equitable manner.

SB40-ASA1, s. 2945 Section 2945. 949.035 (1) of the statutes is amended to read:

SB40-ASA1,1553,6 949.035 (1) If a Wisconsin resident suffers injury or death in a situation described in s. 949.03 except that the act occurred outside this state, the resident has the same rights under this chapter subchapter as if the act had occurred in this state upon a showing that the state, territory, country or political subdivision of a country in which the act occurred does not have a compensation of victims of crimes law which covers the injury or death suffered by the person.

SB40-ASA1, s. 2946 Section 2946. 949.04 (1) (intro.) of the statutes is amended to read:

SB40-ASA1,1553,9 949.04 (1) Eligibility. (intro.) Any person may apply for an award under this chapter subchapter.

SB40-ASA1, s. 2947 Section 2947. 949.04 (2) of the statutes is amended to read:

SB40-ASA1,1553,14 949.04 (2) Forms. The department shall prescribe application forms for awards under this chapter subchapter and shall furnish law enforcement agencies with the forms. The law enforcement agency investigating a crime shall provide forms to each person who may be eligible to file a claim under this subchapter.

SB40-ASA1, s. 2948 Section 2948. 949.06 (1) (intro.) of the statutes is amended to read:

SB40-ASA1,1553,18 949.06 (1) (intro.) In accordance with this chapter subchapter, the department shall make awards, as appropriate, for any of the following economic losses incurred as a direct result of an injury:

SB40-ASA1, s. 2949 Section 2949. 949.06 (1m) (b) of the statutes is amended to read:

SB40-ASA1,1554,2 949.06 (1m) (b) In accordance with this chapter subchapter, the department shall make awards, as appropriate, to persons who, immediately prior to the crime, lived in the same household with and to family members of a victim of s. 940.01, 940.02, 940.05, 940.06, 940.07, 940.08 or 940.09 for any of the economic losses specified in sub. (1) as a result of the person's or family member's reaction to the death. A dependent may recover both under sub. (1) and this subsection, subject to the limitation under sub. (2).

SB40-ASA1, s. 2950 Section 2950. 949.06 (3) (f) of the statutes is created to read:

SB40-ASA1,1554,4 949.06 (3) (f) From an award under s. 949.26.

SB40-ASA1, s. 2951 Section 2951. 949.06 (4) (b) of the statutes is amended to read:

SB40-ASA1,1554,8 949.06 (4) (b) The department may suspend proceedings under this chapter subchapter for a period it deems appropriate on the grounds that a prosecution for an offense arising out of the act or omission has been commenced or is imminent.

SB40-ASA1, s. 2952 Section 2952. 949.09 of the statutes is amended to read:

SB40-ASA1,1554,14 949.09 Effect of conviction. If any person has been convicted of any offense with respect to an act or omission on which a claim under this chapter subchapter is based, proof of that conviction shall be taken as conclusive evidence that the offense has been committed, unless an appeal or any proceeding with regard thereto is pending.

SB40-ASA1, s. 2953 Section 2953. 949.11 (1) of the statutes is amended to read:

SB40-ASA1,1554,18 949.11 (1) The procedure of ch. 227 for contested cases applies to hearings under this chapter subchapter except as otherwise provided in this section and ss. 949.12 and 949.14.

SB40-ASA1, s. 2954 Section 2954. 949.11 (2) of the statutes is amended to read:

SB40-ASA1,1554,22 949.11 (2) The division of hearings and appeals in the department of administration shall appoint hearing examiners to make findings and orders under s. 227.46 and this chapter subchapter.

SB40-ASA1, s. 2955 Section 2955. 949.115 of the statutes is amended to read:

SB40-ASA1,1555,2 949.115 Subpoenas. The department or any of its authorized agents may issue subpoenas for persons or records for any investigation or hearing conducted under this chapter subchapter and may enforce compliance with such subpoenas as provided in s. 885.12.

SB40-ASA1, s. 2956 Section 2956. 949.12 of the statutes is amended to read:

SB40-ASA1,1555,8 949.12 Condition of claimant. There is no privilege, except privileges arising from the attorney-client relationship, as to communications or records relevant to an issue of the physical, mental or emotional condition of the claimant or victim in a proceeding under this chapter subchapter in which that condition is an element.

SB40-ASA1, s. 2957 Section 2957. 949.13 of the statutes is amended to read:

SB40-ASA1,1555,14 949.13 Agency cooperation. Upon request by the department, any state or local agency, including a district attorney or law enforcement agency, shall make available all reports, files and other appropriate information which the department requests in order to make a determination that a person is eligible for an award under this chapter subchapter.

SB40-ASA1, s. 2958 Section 2958. 949.15 (1) of the statutes is amended to read:

SB40-ASA1,1555,25 949.15 (1) Whenever the department orders the payment of an award under this chapter subchapter as a result of the occurrence of an event that creates a cause of action on the part of a claimant against any person, the department is subrogated to the rights of the claimant and may bring an action against the person for the amount of the damages sustained by the claimant. If an amount greater than that paid under the award order is recovered and collected in any such action, the department shall pay the balance to the claimant. If the person responsible for the injury or death has previously made restitution payments to the general fund under s. 973.20, any judgment obtained by the department under this section shall be reduced by the amount of the restitution payments to the general fund.

SB40-ASA1, s. 2959 Section 2959. 949.16 of the statutes is amended to read:

SB40-ASA1,1556,5 949.16 Confidentiality of records. The record of a proceeding before an examiner or the department under this chapter subchapter is a public record. Any record or report obtained by an examiner or the department, the confidentiality of which is protected by any other law or rule, shall remain confidential.

SB40-ASA1, s. 2960 Section 2960. 949.165 (12) of the statutes is amended to read:

SB40-ASA1,1556,9 949.165 (12) Payment is not an award. Any payment from an escrow account under this section shall not be considered as an award by the department under this chapter subchapter.

SB40-ASA1, s. 2961 Section 2961. 949.18 (intro.) of the statutes is amended to read:

SB40-ASA1,1556,13 949.18 Report by the department. (intro.) The department's biennial report under s. 15.04 (1) (d) shall include a report of its activities under this chapter subchapter including:

SB40-ASA1, s. 2962 Section 2962. 949.18 (1) of the statutes is amended to read:

SB40-ASA1,1556,16 949.18 (1) An explanation of the procedures for filing and processing claims under this chapter subchapter.

SB40-ASA1, s. 2963 Section 2963. 949.18 (4) of the statutes is amended to read:

SB40-ASA1,1556,18 949.18 (4) A copy of the forms utilized under this chapter subchapter.

SB40-ASA1, s. 2964 Section 2964. 949.18 (5) (intro.) of the statutes is amended to read:

SB40-ASA1,1556,21 949.18 (5) (intro.) A complete statistical analysis of the cases handled under this chapter subchapter, including:

SB40-ASA1, s. 2965 Section 2965. 949.18 (5) (e) of the statutes is amended to read:

SB40-ASA1,1556,23 949.18 (5) (e) A summary of cases handled under this chapter subchapter.

SB40-ASA1, s. 2966 Section 2966. Subchapter II of chapter 949 [precedes 949.20] of the statutes is created to read:

SB40-ASA1,1557,1 Chapter 949

SB40-ASA1,1557,4 Subchapter II sexual assault forensic examination compensation

SB40-ASA1,1557,5 949.20 Definitions. In this subchapter:

SB40-ASA1,1557,8 (1) "Cooperate with a law enforcement agency" means to report a sex offense to a law enforcement agency or to aid a law enforcement agency in the investigation of a sex offense.

SB40-ASA1,1557,9 (2) "Department" means the department of justice.

SB40-ASA1,1557,17 (3) "Examination costs" means the costs of an examination that is done to gather evidence regarding a sex offense, any procedure during that examination process that tests for or prevents a sexually transmitted disease, and any medication provided or prescribed, during that examination process, that prevents or treats a sexually transmitted disease that the person performing the examination or procedure believes could be a consequence of the sex offense. "Examination costs" does not include any processing or administrative costs, attorney fees, or other expenses.

SB40-ASA1,1557,18 (4) "Guardian of the victim" means one of the following:

SB40-ASA1,1557,20 1. If the victim is under 18 years of age, the parent, guardian, or legal custodian of the victim.

SB40-ASA1,1557,22 2. If the victim has been determined to be incompetent under ch. 54, the guardian of the victim.

SB40-ASA1,1557,23 (5) "Health care provider" means any person providing health care services.

SB40-ASA1,1557,24 (6) "Law enforcement agency" has the meaning given in s. 165.83 (1) (b).

SB40-ASA1,1558,3 (7) "Sex offense" means an act committed in the state that, if committed by a competent adult, would be a violation, or an attempted violation, of s. 940.225, 948.02, 948.025, 948.05, 948.06, 948.08, or 948.09.

SB40-ASA1,1558,4 (8) "Sexually transmitted disease" has the meaning given in s. 252.11 (1).

SB40-ASA1,1558,5 (9) "Victim" means a person against whom a sex offense has been committed.

SB40-ASA1,1558,10 949.22 Administration. The department shall administer this subchapter. The department shall appoint a program director to assist in administering this subchapter. The department shall promulgate rules for the implementation and operation of this subchapter. The rules shall include procedures to ensure that any limitation of an award is calculated in a fair and equitable manner.