SB300: Bill Text

Note: Inserts comma deleted by 2005 Wis. Act 387 but required to accommodate the treatment by 2005 Wis. Act 443.

SB300, s. 151 Section 151. 779.50 (4) (g) of the statutes is amended to read:

SB300,59,15 779.50 (4) (g) For collecting and paying over all sums upon the sale, 5% 5 percent of the sums collected or $10 dollars, whichever is less.

Note: Deletes unnecessary word and inserts "percent" consistent with current style.

SB300, s. 152 Section 152. 813.123 (2) (b) of the statutes, as created by 2005 Wisconsin Act 388, is amended to read:

SB300,59,21 813.123 (2) (b) The court may go forward with a petition filed under sub. (6) if the individual at risk has been adjudicated incompetent under ch. 880, 2003 stats., or ch. 54, notwithstanding an objection by an individual at risk who is the subject of the petition, or an objection by the guardian of the individual at risk.

Note: Inserts correct cross-reference. 2005 Wis. Act 387 renumbered ch. 880 to ch. 54.

SB300, s. 153 Section 153. 814.04 (intro.) of the statutes, as affected by Supreme Court Order 03-06 and 2005 Wisconsin Acts 155, 325, 443 and 458 is amended to read:

SB300,60,7 814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.195 (5m) (b), 100.30 (5m), 106.50 (6) (i) and (6m) (a), 115.80 (9), 281.36 (2) (b) 1., 767.553 (4) (d), 769.313, 814.025, 802.05, 814.245, 895.035 (4), 895.506, 895.443 (3), 895.444 (2), 895.445 (3), 895.446 (3), 895.506, 943.212 (2) (b), 943.245 (2) (d), 943.51 (2) (b), and 995.10 (3), when allowed costs shall be as follows:

Note: 2005 Wis. Act 155 inserted "814.025" without showing it as underscored and deleted "814.245" without showing it as stricken. No change was intended. "895.506" is placed in numerical order. 2005 Wis. Act 458 inserted the cross-reference to s. 100.195 (5m) (b) but incorrectly showed all of the cross-references following s. 100.195 (5m) (b) as underscored.

SB300, s. 154 Section 154. The treatment of 814.65 (1) of the statutes by 2005 Wisconsin Act 54 is not repealed by 2005 Wisconsin Act 455. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 814.65 (1) reads:

(1) Court costs. In a municipal court action, except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of an ordinance in conformity with s. 343.51 (1m) (b) or 347.48 (2m), the municipal judge shall collect a fee of not less than $15 nor more than $28 on each separate matter, whether it is on default of appearance, a plea of guilty or no contest, on issuance of a warrant or summons, or the action is tried as a contested matter. Of each fee received by the judge under this subsection, the municipal treasurer shall pay monthly $5 to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the municipality.

SB300, s. 155 Section 155. 880.331 (4) (am) of the statutes, as created by 2005 Wisconsin Act 264, is renumbered 54.40 (4) (am).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 387 renumbered s. 880.331 (4) to s. 54.40 (4).

SB300, s. 156 Section 156. 880.331 (4) (ar) of the statutes, as created by 2005 Wisconsin Act 264, is renumbered 54.40 (4) (ar).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 387 renumbered s. 880.331 (4) to s. 54.40 (4).

SB300, s. 157 Section 157. 880.331 (4) (dm) of the statutes, as created by 2005 Wisconsin Act 264, is renumbered 54.40 (4) (dm).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 387 renumbered s. 880.331 (4) to s. 54.40 (4).

SB300, s. 158 Section 158. 880.331 (4) (dr) of the statutes, as created by 2005 Wisconsin Act 264, is renumbered 54.40 (4) (h).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 387 created an identical provision as s. 54.40 (4) (h) and renumbered s. 880.331 (4) to s. 54.40 (4).

SB300, s. 159 Section 159. 880.331 (4) (ds) of the statutes, as created by 2005 Wisconsin Act 264, is renumbered 54.40 (4) (ds).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 387 renumbered s. 880.331 (4) to s. 54.40 (4).

SB300, s. 160 Section 160. 893.55 (1d) (c) of the statutes, as created by 2005 Wisconsin Act 183, is amended to read:

SB300,61,17 893.55 (1d) (c) Based on actuarial studies, documentary evidence, testimony, and the experiences of other states, the legislature concludes there is a dollar figure so low as to deprive the injured victim of reasonable noneconomic damages, and there is a dollar figure at which the cap number is so high that it fails to accomplish the goals of affordable and accessible health care. The legislature concludes that the number chosen is neither too high nor too low to accomplish the goals of affordable and accessible health care, is a reasonable and rationale rational response to the current medical liability situation, and is reasonably and rationally supported by the legislative record.

Note: Corrects spelling.

SB300, s. 161 Section 161. 895.446 (4) of the statutes, as affected by 2005 Wisconsin Act 155, section 70, and 2005 Wisconsin Act 447, section 1, is amended to read:

SB300,62,3 895.446 (4) Any recovery under this section shall be reduced by the amount recovered as restitution under ss. 800.093 and 973.20 and ch. 938 for the same act or as recompense under s. 939.13 969.13 (5) (a) for the same act.

Note: Inserts correct cross-reference consistent with the remainder of 2005 Wis. Act 447. There is no s. 939.13 (5) (a).

SB300, s. 162 Section 162. 938.27 (5) of the statutes, as affected by 2005 Wisconsin Acts 293 and 344, is amended to read:

SB300,62,11 938.27 (5) Notice to biological fathers. Subject to sub. (3) (b), the court shall make reasonable efforts to identify and notify any person who has filed a declaration of paternal interest under s. 48.025, any person who has acknowledged paternity of the child under s. 767.62 767.805 (1), and any person who has been adjudged to be the father of the juvenile in a judicial proceeding unless the person's parental rights have been terminated.

Note: Corrects cross-reference. Section 767.62 was renumbered s. 767.805 by 2005 Wis. Act 443.

SB300, s. 163 Section 163. 938.345 (1) (e) of the statutes, as affected by 2005 Wisconsin Acts 344 and 387, is amended to read:

SB300,62,17 938.345 (1) (e) Place any juvenile not found under ch. 880, 2003 stats., or ch. 46, 49, 51, 54, or 115, or ch. 880, 2003 stats., to have a developmental disability or a mental illness or to be a child with a disability, as defined in s. 115.76 (5), in a facility that exclusively treats one or more of those categories of juveniles.

Note: Places cross-references in correct order according to current style.

SB300, s. 164 Section 164. 940.43 (5) of the statutes is amended to read:

SB300,63,2 940.43 (5) Where the act is committed by any person who has suffered any prior conviction for any violation under s. 943.30, 1979 stats., ss. 940.42 to 940.45, s. 943.30, 1979 stats., or any federal statute or statute of any other state which, if the act prosecuted was committed in this state, would be a violation under ss. 940.42 to 940.45.

Note: Places cross-references in correct order in accordance with current style.

SB300, s. 165 Section 165. 940.45 (5) of the statutes is amended to read:

SB300,63,8 940.45 (5) Where the act is committed by any person who has suffered any prior conviction for any violation under s. 943.30, 1979 stats., ss. 940.42 to 940.45, s. 943.30, 1979 stats., or any federal statute or statute of any other state which, if the act prosecuted was committed in this state, would be a violation under ss. 940.42 to 940.45.

Note: Places cross-references in correct order in accordance with current style.

SB300, s. 166 Section 166. The treatment of 943.245 (3m) of the statutes by 2005 Wisconsin Act 447 is not repealed by 2005 Wisconsin Act 462. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 943.245 (3m) reads:

(3m) Any recovery under this section shall be reduced by the amount recovered as restitution for the same act under ss. 800.093 and 973.20 or as recompense under s. 969.13 (5) (a) for the same act and by any amount collected in connection with the act and paid to the plaintiff under a deferred prosecution agreement under s. 971.41.

SB300, s. 167 Section 167. 948.01 (5) (am) of the statutes, as created by 2005 Wisconsin Act 435, is renumbered 948.01 (5) (a) 2.

Note: Renumbers provision relating to intentional touching to correspond with s. 948.01 (5) (a) (intro.), relating to intentional touching, consistent with the treatment of s. 940.225 (5) (b) 1. (intro.) and b. by 2005 Wis. Act 435.

SB300, s. 168 Section 168. 948.075 (3) of the statutes is amended to read:

SB300,63,16 948.075 (3) Proof that the actor did an act, other than use a computerized communication system to communicate with the individual, to effect the actor's intent under sub. (1) (1r) shall be necessary to prove that intent.

Note: Inserts correct cross-reference. 2005 Wis. Act 433 renumbered s. 948.075 (1) to s. 948.075 (1r).

SB300, s. 169 Section 169. 971.41 (3) of the statutes, as created by 2005 Wisconsin Act 462, is repealed and recreated to read:

SB300,64,4 971.41 (3) Conditions of program. A deferred prosecution agreement to which this section applies may require an offender to do any of the following:

SB300,64,7 (a) Pay money owed for the worthless check or other order issued in violation of s. 943.24 to the district attorney for remittance to the payee of the worthless check or order.

SB300,64,10 (b) Make other payments for restitution for the offense, including payments to reimburse any person for fees assessed by a financial institution in connection with the person attempting to present the worthless check or other order.

SB300,64,11 (c) Pay administrative fees assessed under sub. (7).

SB300,64,13 (d) Pay for and successfully complete a class or counseling regarding financial management.

Note: Corrects numbering errors in 2005 Wis. Act 462 that resulted in there being two provisions numbered s. 971.41 (3) (b). The second of the two provisions is now numbered s. 971.41 (3) (d). No changes to text are made.

SB300, s. 170 Section 170. 973.017 (6) (a) of the statutes is amended to read:

SB300,64,20 973.017 (6) (a) In this subsection, "person responsible for the welfare of the child" includes the child's parent, stepparent, guardian, foster parent, or treatment foster parent; an employee of a public or private residential home, institution, or agency; any other person legally responsible for the child's welfare in a residential setting; or a person employed by one who is legally responsible for the child's welfare to exercise temporary control or care for the child.

Note: Inserts missing word.

SB300, s. 171 Section 171. 980.01 (1j) of the statutes, as created by 2005 Wisconsin Act 434, is amended to read:

SB300,65,6 980.01 (1j) "Incarceration" includes confinement in a secured juvenile correctional facility, as defined in s. 938.02 (15m) (10p), or a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), if the person was placed in the facility for being adjudicated delinquent under s. 48.34, 1993 stats., or under s. 938.183 or 938.34 on the basis of a sexually violent offense.

Note: Corrects cross-references and conforms text to changes in defined terms made by 2005 Wis. Act 344.

SB300, s. 172 Section 172. 980.02 (1) (b) 3. of the statutes, as created by 2005 Wisconsin Act 434, is amended to read:

SB300,65,13 980.02 (1) (b) 3. The county in which the person is in custody under a sentence, a placement to a secured juvenile correctional facility, as defined in s. 938.02 (15m), (10p), or a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), or a commitment order.

Note: Corrects cross-references and conforms text to changes in defined terms made by 2005 Wis. Act 344.

SB300, s. 173 Section 173. 980.038 (4) (a) of the statutes, as created by 2005 Wisconsin Act 434, is amended to read:

SB300,66,2 980.038 (4) (a) A motion for postcommitment relief by a person committed under s. 980.06 shall be made in the time and manner provided in ss. s. 809.30 and 809.40. An appeal by a person who has been committed under s. 980.06 from a final order under s. 980.06, 980.08, or 980.09 or from an order denying a motion for postcommitment relief or from both shall be taken in the time and manner provided in ss. 808.04 (3), and 809.30, and 809.40. If a person is seeking relief from an order of commitment under s. 980.06, the person shall file a motion for postcommitment relief in the trial court prior to an appeal unless the grounds for seeking relief are sufficiency of the evidence or issues previously raised.

Note: Removes incorrect cross-references. The LRB analysis to 2005 SB 318, which was enacted as 2005 Wis. Act 434, states as to section 92 of that bill, which creates this provision, "A motion for post-commitment relief by an SVP or an appeal from a final order or from an order denying a motion for post-commitment relief will follow criminal appellate procedure."

Act 434 amended s. 808.04 (3) to add "or 809.30" so that the provision now reads "Except as provided in subs. (4) and (7), an appeal in a criminal case or a case under ch. 48, 51, 55 or, 938, or 980 shall be initiated within the time period specified in s. 809.30."

Section 809.30 relates to appeals in criminal and ch. 48, 51, 55, and 938 cases. Section 809.40 now relates to appeals in termination of parental rights, ch. 799, traffic regulation, municipal ordinance violation, and parental consent to abortion cases, but not criminal cases. Prior to the revision of s. 809.40 by Supreme Court Order 02-01, ss. 809.30 and 809.40 both related to criminal, ch. 48, 51, 55, and 938 cases.

SB300, s. 174 Section 174. 980.08 (7) of the statutes, as created by 2005 Wisconsin Act 431, is renumbered 980.08 (9).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis Act 434 amended s. 980.08 (6m) which resulted in it being divided into three separate subsections, s. 980.08 (6m), (7), (8).

SB300, s. 175 Section 175. 2005 Wisconsin Act 387, section 372 is amended by replacing "54.50 (4) (d) Cessation of powers." with "54.50 (4) Cessation of powers."

Note: Removes incorrect paragraph designation. 2005 Wis. Act 387, section 372, renumbered s. 880.15 (3) to s. 54.40 (4). Former s. 880.15 (3) was not divided into paragraphs.

SB300, s. 176 Section 176. 2005 Wisconsin Act 441, section 20 is amended by replacing "telecommunication service, gas, light, heat, or power" with "telecommunications service, gas, light, heat, or power".

Note: A comma was inserted without underscoring. The change was intended. The stricken "telecommunication" should have been "telecommunications."

SB300, s. 177 Section 177. 2005 Wisconsin Act 443, section 265 is amended by replacing - See PDF for table

SB300,66,23 with - See PDF for table

Note: Corrects statute citation in first column of the 2005 Wis. Act 443 cross-reference change table.

SB300, s. 178 Section 178. 2005 Wisconsin Act 444, section 46 is amended by replacing "of the minor, hold a hearing, and appoint counsel" with "of the minor, hold a hearing, and appoint counsel".

Note: A comma was inserted without underscoring. The change was intended.

SB300, s. 179 Section 179. 2005 Wisconsin Act 451, section 85m is amended by replacing "s. 6.86 (1) or, (2), or (2m)" with "s. 6.86 (1) or, (2), or (2m)".

Note: A comma was inserted without underscoring. The change was intended.

SB300, s. 180 Section 180. 2005 Wisconsin Act 458, section 5 is amended by replacing "100.195 (5m) (b), 100.30 (5m), 106.50 (6) (i) and (6m) (a), 115.80 (9), 281.36 (2) (b) 1., 767.33 (4) (d), 769.313, 814.025, 814.245, 895.035 (4), 895.10 (3), 895.75 (3), 895.77 (2), 895.79 (3), 895.80 (3), 943.212 (2) (b), 943.245 (2) (d)," with "100.195 (5m) (b), 100.30 (5m), 106.50 (6) (i) and (6m) (a), 115.80 (9), 281.36 (2) (b) 1., 767.33 (4) (d), 769.313, 814.025, 814.245, 895.035 (4), 895.10 (3), 895.75 (3), 895.77 (2), 895.79 (3), 895.80 (3), 943.212 (2) (b), 943.245 (2) (d),".

Note: Preexisting text was underscored.

SB300, s. 181 Section 181. Nonstatutory provisions.

SB300,67,15 (1) The renumbering of section 880.24 (3) (a) and (b) of the statutes by 2005 Wisconsin Act 264 is void.

Note: 2005 Wis. Act 387 renumbered the same provisions. The Act 387 numbering is adopted.

SB300, s. 182 Section 182. Effective dates. This act takes effect on the day after publication, except as follows: