AB573: Bill Text

AB573,76,13 938.355 (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.

AB573, s. 205 Section 205. The treatment of 938.355 (6m) (a) 1g. of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 97. Both treatments stand.

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.

AB573, s. 206 Section 206. 939.32 (1g) (b) 1. of the statutes is amended to read:

AB573,77,5 939.32 (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.

AB573, s. 207 Section 207. The treatment of 939.632 (1) (e) 1. of the statutes by 2007 Wisconsin Act 116 is not repealed by 2007 Wisconsin Act 127. Both treatments stand.

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.

AB573, s. 208 Section 208. The treatment of 946.82 (4) of the statutes by 2007 Wisconsin Act 116 is not repealed by 2007 Wisconsin Act 196. Both treatments stand.

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.

AB573, s. 209 Section 209. 949.20 (4) 1. and 2. of the statutes, as created by 2007 Wisconsin Act 20, are renumbered 949.20 (4) (a) and (b).

Note: Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2. to conform numbering to current style.

AB573, s. 210 Section 210. 961.18 (4m) of the statutes is amended to read:

AB573,78,6 961.18 (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.

AB573, s. 211 Section 211. 961.41 (1m) (hm) (intro.) of the statutes is amended to read:

AB573,78,17 961.41 (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.

AB573, s. 212 Section 212. 971.19 (12) of the statutes, as created by 2007 Wisconsin Act 1, is amended to read:

AB573,79,6 971.19 (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.

AB573, s. 213 Section 213. 2005 Wisconsin Act 25, section 1474t is amended by replacing "TEMPORARY RECYCLING SURCHARGE" with "RECYCLING SURCHARGE".

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.

AB573, s. 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.

AB573, s. 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.

AB573, s. 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.

AB573, s. 217 Section 217. 2007 Wisconsin Act 20, section 973 is amended by replacing "older 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.

AB573, s. 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.

AB573, s. 219 Section 219. 2007 Wisconsin Act 20, section 1293 is amended by replacing "48.57 (3) (a) 3. (intro.)" with "48.57 (3) (a) 3." in 2 places.

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.

AB573, s. 220 Section 220. 2007 Wisconsin Act 20, section 1313 is amended by replacing "944.30, 944.31, or 944.33" with "944.30, 944.31, or 944.33".

Note: The comma was inserted without being underscored. The change was intended.

AB573, s. 221 Section 221. 2007 Wisconsin Act 20, section 1596 is amended by replacing "par. pars. (cm) and (cr)" with "par. pars. (cm) and (cr)".

Note: The period was inserted without being underscored. The change was intended.

AB573, s. 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.

AB573, s. 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.

AB573, s. 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.

AB573, s. 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.

AB573, s. 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.

AB573, s. 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.

AB573, s. 228 Section 228. 2007 Wisconsin Act 20, section 3065 is amended by replacing "46.03 (7) (g) s. 46.03 (7g) 48.47 (7g)" with "46.03 (7) (g) 48.47 (7g)".

Note: Text that was not preexisting was shown as stricken.

AB573, s. 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".

Note: Sections 9448 (1) and 9455 (2) of 2007 Wis. Act 20, contain conflicting effective date provisions for the amendment of s. 343.50 (8) (b) by Act 20. Drafting records indicate that section 9455 (2) is correct.

AB573, s. 230 Section 230. 2007 Wisconsin Act 20, section 9455 (2) is amended by replacing "48.57 (3) (a) 3. (intro.)" with "48.57 (3) (a) 3.".

Note: There is no s. 48.57 (3) (a) 3. (intro.). 2007 Wis. Act 20, section 1293 amends the text of s. 48.57 (3) (a) 3.

AB573, s. 231 Section 231. 2007 Wisconsin Act 27, section 1 is amended by replacing "the department and its agents, the department of justice, and peace officers" with "the department and its agents, the department of justice, and peace officers".

Note: The comma was inserted without being underscored. The change was intended.

AB573, s. 232 Section 232. 2007 Wisconsin Act 39, section 2 is amended by replacing "(jz) Medical Assistance and Badger Care cost sharing and employer penalty assessments. All moneys received from in cost sharing from medical assistance recipients, including payments under s. 49.665 (5) and, all moneys received from penalty assessments under s. 49.665 (7) (b) 2., and 90 percent of all moneys received from penalty assessments under s. 49.471 (9) (c) to be used for the Badger Care health care program under s. 49.665 and for the Medical Assistance program under subch. IV of ch. 49." with "(jz) Medical Assistance and Badger Care cost sharing and employer penalty assessments. All moneys received in cost sharing from medical assistance recipients, including payments under s. 49.665 (5), all moneys received from penalty assessments under s. 49.665 (7) (b) 2., and 90 percent of all moneys received from penalty assessments under s. 49.471 (9) (c) to be used for the Badger Care health care program under s. 49.665 and for the Medical Assistance program under subch. IV of ch. 49.".

Note: 2007 Wis. Act 39, section 2, provides that s. 20.435 (4) (jz) is amended as affected by 2007 Wis. Act 20 and Act 39, section 1. However, Act 39, section 2, showed as stricken, text that had already been stricken by Act 20, section 393, and showed as underscored, text that had already been underscored by Act 20, section 393.

AB573, s. 233 Section 233. 2007 Wisconsin Act 59, section 23 is amended by replacing "ending on June 29, 2008," with "ending on June 28, 2008,".

Note: Incorrect text was shown stricken.

AB573, s. 234 Section 234. 2007 Wisconsin Act 97, section 165 is amended by replacing "under par. (f) 55. and," with "under par. (f) 55., and".

Note: A comma was shown in the wrong location.

AB573, s. 235 Section 235. 2007 Wisconsin Act 137, section 1 is amended by replacing "341.04 (1)" with "341.04 (1) (intro.)" in 2 places.

Note: 2007 Wis. Act 137, section 1, treated only s. 341.04 (1) (intro.), not all of s. 341.04 (1).

AB573, s. 236 Section 236. 2007 Wisconsin Act 174, section 5 is amended by replacing "157.19 (4) (intro.)" with "157.19 (4)" in 2 places.

Note: Section 157.19 (4) is not subdivided and does not contain an introductory provision.

AB573, s. 237 Section 237. 2007 Wisconsin Act 196, section 13 is amended by replacing "448.02 (9) and 551.62" with "448.02 (9), and 551.62".

Note: 2007 Wisconsin Act 196, section 13, failed to show as stricken a comma that had been inserted by 2007 Wis. Act 20. The change was intended.

AB573, s. 238 Section 238. Effective dates. This act takes effect on the day after publication, except as follows:

AB573,83,14 (1) The amendment of section 343.14 (2) (br) of the statutes takes effect on the day after publication or on the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under section 85.515 (2) (b) of the statutes, whichever is later.

AB573,83,16 (2) The treatment of section 66.0137 (4) of the statutes takes effect on January 1, 2010, or on the day after publication, whichever is later.

AB573,83,17 (End)