801.52 Discretionary change of venue. The court may at any time, upon its own motion, the motion of a party or the stipulation of the parties, change the venue to any county in the interest of justice or for the convenience of the parties or witnesses, except that venue in a civil action to impose a forfeiture for a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 or for a violation of any other law arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, may be changed only as provided in s. 971.223 (1) and (2) or in the same manner that is authorized for a change in the venue of a criminal trial under s. 971.22. This section does not apply to proceedings under ch. 980.
Note: Inserts missing article.
804.05 (3) (b) 5. In this subsection, the terms "defendant" and "plaintiff" include officers, directors, and managing agents of corporate defendants and corporate plaintiffs, or other persons designated under sub. (2) (e), as appropriate. A defendant who asserts a counterclaim or a cross claim shall not be considered a plaintiff within the meaning of this subsection, but a 3rd-party plaintiff under s. 803.05 (1) shall be so considered with respect to the 3rd-party defendant.
Note: The underscored comma was deleted by
2007 Wis. Act 97 without being shown as stricken. No change was intended.
180,195
Section
195. 809.19 (6) (c) 2. of the statutes is amended to read:
809.19 (6) (c) 2. The front and back covers of the combined brief shall be gray. The appellant portion of the combined brief shall comply with the requirements of sub. (4) for a reply brief, including the length limitation for such a brief set forth in sub. (8) (c) 1 2. The cross-respondent portion of the combined brief shall comply with the requirements of sub. (3) for a respondent's brief, including the length limitation for such a brief set forth in sub. (8) (c) 1., except that the requirement of sub. (1) (c) may be omitted, the cross-respondent portion of the combined brief shall be preceded by a blank red cover, and a signature shall be required only at the conclusion of the cross-respondent portion of the combined brief.
Note: Inserts the correct cross-reference. Reply brief page length is governed by s. 809.19 (8) (c) 2.
180,196
Section
196. 809.30 (2) (L) (title) of the statutes is created to read:
809.30 (2) (L) (title) Appeals under s. 974.06 or 974.07.
Note: The other paragraphs in s. 809.30 (2) have titles.
180,197
Section
197. 809.62 (2) (c) of the statutes is amended to read:
809.62 (2) (c) A concise statement of the criteria of sub. (1) (1r) relied upon to support the petition, or in the absence of any of the criteria, a concise statement of other substantial and compelling reasons for review.
Note: The list of criteria previously numbered s. 809.62 (1) (a) to (e) was renumbered s. 809.63 (1r) (a) to (e) by Supreme Court Order 04-08, and s. 809.63 (1r) (a) to (e) is renumbered s. 809.62 (1r) (a) to (e) by this bill.
180,198
Section
198. 809.63 (1r) (a) to (e) of the statutes, as affected by Supreme Court Order 04-08, are renumbered 809.62 (1r) (a) to (e).
Note: Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2. Supreme Court Order 04-08 inserted new material ahead of the former s. 809.62 (1) and moved material introductory to former s. 809.62 (1) (a) to (e) to a new s. 809.62 (1r) (intro.), but inadvertently renumbered s. 809.62 (1) (a) to (e) to s. 809.63 (1r) (a) to (e).
180,199
Section
199. 846.101 (2) of the statutes is amended to read:
846.101 (2) When plaintiff so elects, judgment shall be entered as provided in this chapter, except that no judgment for deficiency may be ordered therein nor separately rendered against any party who is personally liable for the debt secured by the mortgage and the sale of such mortgaged premises shall be made upon the expiration of 6 months from the date when such judgment is entered. Notice of the time and place of sale shall be given under ss. 815.31 and 846.16 within such 6-months 6-month period except that first printing of a copy of such notice in a newspaper shall not be made less than 4 months after the date when such judgment is entered.
Note: Corrects spelling. The corrected spelling is printed in the 2007-08 Statutes.
854.17 Marital property classification; ownership and division of marital property at death. 54 and Classification of the property of a decedent spouse and surviving spouse, and ownership and division of that property at the death of a spouse, are determined under ch. 766 and s. 861.01.
Note: Places definition in alphabetical order consistent with current style.
180,202
Section
202. 938.21 (2) (c) of the statutes is amended to read:
938.21 (2) (c) Prior to the commencement of the hearing, the court shall inform the juvenile of the allegations that have been or may be made, the nature and possible consequences of this hearing as compared to possible future hearings, the provisions of s. 938.18 if applicable, the right to counsel under s. 938.23 regardless of ability to pay if the juvenile is not yet represented by counsel, the right to remain silent, the fact that the silence may not be adversely considered by the r court, the right to confront and cross-examine witnesses, and the right to present witnesses.
Note: The word "commissioner" preceding "court" was stricken by
2005 Wis. Act 344, section
200, but the final "r" was not struck. The change is printed in the 2007-08 Statutes.
Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 938.355 (6) (d) 1. reads:
1. Placement of the juvenile in a juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody, for not more than 10 days and the provision of educational services consistent with his or her current course of study during the period of placement. The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this subdivision for all time spent in secure detention in connection with the course of conduct for which the detention or nonsecure custody was imposed. If the court orders placement of the juvenile in a place of nonsecure custody under the supervision of the county department, the court shall order the juvenile into the placement and care responsibility of the county department as required under
42 USC 672 (a) (2) and shall assign the county department primary responsibility for providing services to the juvenile.
180,204
Section
204. 938.355 (6d) (b) 1. of the statutes is amended to read:
938.355 (6d) (b) 1. Notwithstanding ss. 938.19 to 938.21, but subject to any general written policies adopted by the court under s. 938.06 (1) or (2), to any policies adopted by the county department relating to aftercare supervision administered by the county department, and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subdivision, if a juvenile who is on aftercare supervision administered by the county department violates a condition of that supervision, the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a secure juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody designated by that person for not more than 72 hours while the alleged violation and the appropriateness of revoking the juvenile's aftercare status are being investigated. Short-term detention may be imposed under this subdivision only if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of that possible placement or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible placement and that he or she understands those conditions and that possible placement.
Note: The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344.
2007 Wis. Act 97 replaced "secure detention facility" with "juvenile detention facility" in statutes not included in Act 344, but this provision was missed.
Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 938.355 (6m) (a) 1g. reads:
1g. Placement of the juvenile in a juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody, for not more than 10 days and the provision of educational services consistent with his or her current course of study during the period of placement. The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this subdivision for all time spent in secure detention in connection with the course of conduct for which the detention or nonsecure custody was imposed. The use of placement in a juvenile detention facility or in a juvenile portion of a county jail as a sanction under this subdivision is subject to the adoption of a resolution by the county board of supervisors under s. 938.06 (5) authorizing the use of those placements as a sanction. If the court orders placement of the juvenile in a place of nonsecure custody under the supervision of the county department, the court shall order the juvenile into the placement and care responsibility of the county department as required under
42 USC 672 (a) (2) and shall assign the county department primary responsibility for providing services to the juvenile.
180,206
Section
206. 939.32 (1g) (b) 1. of the statutes is amended to read:
939.32 (1g) (b) 1. If neither s. 939.62 (1) nor s. 961.48 is being applied, the maximum term of imprisonment is one-half of the maximum term of imprisonment, as increased by any penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. and b., for the completed crime.
Note: Adds "s." to allow for electronic linking. The "s." is printed in the 2007-08 Statutes.
Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 939.632 (1) (e) 1. reads:
1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09 (1c), 940.19 (2), (4) or (5), 940.21, 940.225 (1), (2) or (3), 940.235, 940.305, 940.31, 941.20, 941.21, 943.02, 943.06, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.051, 948.055, 948.07, 948.08, 948.085, or 948.30 (2) or under s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.
Note: There is no conflict of substance. As merged by the legislative reference bureau, effective 1-1-09, 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, subch. V of ch. 551, 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, 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, 940.302 (2), 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, 943.203, 943.23 (1g), (2) and (3), 943.24 (2), 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, 943.81, 943.82, 943.83, 943.84, 943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 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, 946.79, 947.015, 948.05, 948.051, 948.08, 948.12, and 948.30.
Note: Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2. to conform numbering to current style.
180,210
Section
210. 961.18 (4m) of the statutes is amended to read:
961.18 (4m) Hallucinogenic substances. Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a U.S. food and drug administration approved drug product. (Other names for dronabinol are (6aR-trans)-6a, 7, 8, 10a-tetrahydro-6, 6., 9-trimethyl-3-pentyl-6H-dibenzo(b,d)pyran-1-ol, and (-)-delta-9-(trans)-tetrahydrocannabinol.)
Note: Corrects punctuation. The corrected punctuation is printed in the 2007-08 Statutes.
180,211
Section
211. 961.41 (1m) (hm) (intro.) of the statutes is amended to read:
961.41 (1m) (hm) Certain other schedule I controlled substances and ketamine. (intro.) If the person violates this subsection with respect to gamma-hydroxybutyric acid, gamma-butyrolactone, 1,4-butanediol, 3,4-methylenedioxymethamphetamine, 4-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine, ketamine, or a controlled substance analog of gamma-hydroxybutyric acid, gamma-butyrolactone, 1,4-butanediol, 3,4-methylenedioxymethamphetamine, 4-bromo-2,5-dimethoxy-beta-phenylethylamine, or 4-methylthioamphetamine is subject to the following penalties if the amount possessed, with intent to manufacture, distribute, or deliver is:
Note: Inserts commas deleted by
2005 Wis. Act 52 without being shown as stricken. No change was intended.
971.19 (12) Except as provided in s. 971.223, in an action for a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, or for a violation of any other law arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under subch.
chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 a defendant who is a resident of this state shall be tried in circuit court for the county where the defendant resides. For purposes of this subsection, a person other than a natural person resides within a county if the person's principal place of operation is located within that county.
Note: Corrects citation form.
Note: "TEMPORARY" was inserted into chapter 77 (title) by
2005 Wis. Act 25 without being underscored. No change was intended. "TEMPORARY" was not printed in the 2005-06 Statutes.
180,214
Section
214. 2007 Wisconsin Act 1, section
7 is amended by replacing "5.05 (1) (e) Delegate to
its executive director its
legal counsel" with "5.05 (1) (e) Delegate to
its executive director its legal counsel".
Note: "Its" was inserted without being shown as underscored. The change was intended.
180,215
Section
215. 2007 Wisconsin Act 15, section
2 is amended by replacing "This act takes effect on the first day of the 2nd month beginning after the effective date of this subsection." with "This act takes effect on the first day of the 2nd month beginning after publication.".
Note: Clarifies effective date by inserting language consistent with current style.
180,216
Section
216. 2007 Wisconsin Act 20, section
342 is amended by replacing "
46.481 48.481 and 2007 Wisconsin Act .... (this act), section 9121 9155 (9u)" with "
46.481 48.481 and 2007 Wisconsin Act .... (this act), section
9121 9155 (9u)".
Note: Previously existing text was underscored.
180,217
Section
217. 2007 Wisconsin Act 20, section
973 is amended by replacing "o
lder persons and persons with physical or developmental disabilities" with "
older persons and persons with physical or developmental disabilities".
Note: The letter "o" was inadvertently not stricken.
180,218
Section
218
. 2007 Wisconsin Act 20, section
989 is amended by replacing "individuals who belong to a client group served by the resource center" with "
individuals who belong to a client group served by the resource center".
Note: The phrase "individuals who belong to a client group served by the recource center" was inserted by
2007 Wis. Act 20 without scoring. The change was intended.
Note: There is no s. 48.357 (3) (a) 3. (intro.).
2007 Wis. Act 20, section
1293 amends the text of s. 48.57 (3) (a) 3.
Note: The comma was inserted without being underscored. The change was intended.
Note: The period was inserted without being underscored. The change was intended.
180,222
Section
222. 2007 Wisconsin Act 20, section
1713 is amended by replacing "
s. 767.89 (3) (e) 1. or 767.805 (4) (d) 1. or 767.89 (3) (e) 1." with "
s. 767.805 (4) (d) 1. or 767.89 (3) (e) 1.".
Note: Text that was not preexisting was shown as stricken.
180,223
Section
223. 2007 Wisconsin Act 20, section
1716 is amended by replacing "
s. 767.89 (3) (e) 1. or 767.805 (4) (d) 1. or 767.89 (3) (e) 1." with "
s. 767.805 (4) (d) 1. or 767.89 (3) (e) 1.".
Note: Text that was not preexisting was shown as stricken.
180,224
Section
224. 2007 Wisconsin Act 20, section
1968 is amended by replacing "
individuals full-time employees that exceeds $100,000." with "
individual
full-time employees that exceeds $100,000.".
Note: The "s" in "individuals" was not preexisting, but was shown as stricken.
180,225
Section
225. 2007 Wisconsin Act 20, section
2041 is amended by replacing "
individuals full-time employees that exceeds $100,000." with "
individual
full-time employees that exceeds $100,000.".
Note: The "s" in "individuals" was not preexisting, but was shown as stricken.
180,226
Section
226. 2007 Wisconsin Act 20, section
2097 is amended by replacing "
individuals full-time employees that exceeds $100,000." with "
individual
full-time employees that exceeds $100,000.".
Note: The "s" in "individuals" was not preexisting, but was shown as stricken.
180,227
Section
227. 2007 Wisconsin Act 20, section
2512 is amended by replacing "79.10
(2) (a)
Notice to municipalities. On or before December 1" with "79.10
(2) (a) On or before December 1".
Note: The subsection title was shown as if it was the paragraph title. It should not have been shown.
Note: Text that was not preexisting was shown as stricken.
180,229
Section
229
. 2007 Wisconsin Act 20, section
9448 (1) is amended by replacing "the amendment of section 343.50 (8) (a) and (b) of the statutes" with "the amendment of section 343.50 (8) (a) of the statutes".
