AB75, s. 3222
23Section
3222. 801.50 (5) of the statutes is amended to read:
AB75,1588,524
801.50
(5) Venue of an action for certiorari to review a probation, extended
25supervision
, or parole revocation, a denial by a program review committee under s.
1302.113 (9g) of a petition for modification of a bifurcated sentence,
a decision by the
2department of corrections under s. 302.113 (9g) on a petition for modification of a
3bifurcated sentence, or a refusal of parole shall be the county in which the relator was
4last convicted of an offense for which the relator was on probation, extended
5supervision
, or parole or for which the relator is currently incarcerated.
AB75, s. 3223
6Section
3223. 805.13 (4) of the statutes is amended to read:
AB75,1588,147
805.13
(4) Instruction. The court shall instruct the jury before or after closing
8arguments of counsel. Failure to object to a material variance or omission between
9the instructions given and the instructions proposed does not constitute a waiver of
10error. The court shall provide the jury with one complete set of written instructions
11providing the burden of proof and the substantive law to be applied to the case to be
12decided.
In a civil action involving contributory negligence, the court shall explain
13to the jury the effect on awards and liabilities of the percentage of negligence found
14by the jury to be attributable to each party.
AB75, s. 3224
15Section
3224. 806.11 (1) (intro.) of the statutes is amended to read:
AB75,1588,1816
806.11
(1) (intro.) At the time of filing the warrant provided by s. 71.74 (14)
or, 1771.91 (5),
or 71.93 (8) (b) 5., the clerk of circuit court shall enter the warrant in the
18judgment and lien docket, including:
AB75, s. 3225
19Section
3225. 806.11 (2) of the statutes is amended to read:
AB75,1588,2320
806.11
(2) If a warrant provided by s. 71.74 (14)
or, 71.91 (5)
, or 71.93 (8) (b) 5. 21is against several persons, the warrant shall be entered, in accordance with the
22procedure under sub. (1), in the judgment and lien docket under the name of each
23person against whom the warrant was issued.
AB75, s. 3226
24Section
3226. 806.115 of the statutes is amended to read:
AB75,1589,5
1806.115 Filing of duplicate copy of warrant. The department of revenue
2may file in any county a duplicate copy of a warrant filed under s. 71.74 (14)
or, 71.91
3(5)
, or 71.93 (8) (b) 5. and the clerk of circuit court shall enter the duplicate copy on
4the judgment and lien docket as provided in s. 806.11. When so entered, the duplicate
5copy shall have the same legal effect as the warrant filed under s. 71.91 (5).
AB75, s. 3227
6Section
3227. 809.105 (13) of the statutes is amended to read:
AB75,1589,157
809.105
(13) Certain persons barred from proceedings. No parent, or
8guardian or legal custodian, if one has been appointed, or foster parent
or treatment
9foster parent, if the minor has been placed in a foster home
or treatment foster home,
10and the minor's parent has signed a waiver granting the department of children and
11families, a county department under s. 46.215, 46.22, or 46.23,
the foster parent or
12the
treatment foster parent the authority to consent to medical services or treatment
13on behalf of the minor, or adult family member, as defined in s. 48.375 (2) (b), of any
14minor who has initiated an appeal under this section may attend or intervene in any
15proceeding under this section.
AB75, s. 3228
16Section
3228. 809.30 (1) (c) of the statutes is amended to read:
AB75,1589,2117
809.30
(1) (c) "Postconviction relief" means an appeal or a motion for
18postconviction relief in a criminal case, other than an appeal, motion, or petition
19under ss. 302.113 (7m), 302.113 (9g), 973.19,
973.195, 974.06, or 974.07 (2). In a ch.
20980 case, the term means an appeal or a motion for postcommitment relief under s.
21980.038 (4).
AB75, s. 3229
22Section
3229. 812.30 (9) of the statutes is amended to read:
AB75,1590,223
812.30
(9) "Need-based public assistance" means aid to families with
24dependent children,
relief funded by a relief block grant under ch. 49, relief provided
25by counties under s. 59.53 (21), medical assistance, supplemental security income,
1food stamps, or benefits received by veterans under s. 45.40 (1) or under
38 USC 501 2to
562.
AB75, s. 3230
3Section
3230. 812.44 (4) (form) 2. of the statutes is amended to read:
AB75,1590,44
812.44
(4) (form)
AB75,1590,95
2. You receive aid to families with dependent children,
relief funded by a relief
6block grant under ch. 49, relief provided by counties under section s. 59.53 (21) of the
7Wisconsin Statutes, medical assistance, supplemental security income, food stamps,
8or veterans benefits based on need under
38 USC 501 to
562 or section
45.
351 (1) of
9the Wisconsin Statutes, or have received these benefits within the past 6 months.
AB75, s. 3231
10Section
3231. 812.44 (5) (form) 2. of the statutes is amended to read:
AB75,1590,1111
812.44
(5) (form)
AB75,1590,1712
... 2.
(5) (form) paragraph 2. I receive, am eligible for, or have within 6 months
13received, aid to families with dependent children,
relief funded by a relief block grant
14under ch. 49, relief provided by counties under section 59.53 (21) of the Wisconsin
15Statutes, medical assistance, supplemental security income, food stamps, or
16veterans benefits based on need under
38 USC 501 to
562 or section
45.
351 (1) of the
17Wisconsin Statutes.
AB75, s. 3232
18Section
3232. 814.29 (1) (d) 1. of the statutes is amended to read:
AB75,1590,2319
814.29
(1) (d) 1. That the person is a recipient of means-tested public
20assistance, including aid to families with dependent children,
relief funded by a relief
21block grant under ch. 49, relief provided by counties under s. 59.53 (21), medical
22assistance, supplemental security income, food stamps
, or benefits received by
23veterans under s. 45.40 (1) or under
38 USC 501 to
562.
AB75, s. 3233
24Section
3233. 814.63 (1) (c) of the statutes is amended to read:
AB75,1591,6
1814.63
(1) (c) This subsection does not apply to an action for a violation of s.
2101.123 (2)
(a), (am) 1., (ar), (bm), (br), or (bv) or
(5) (2m), for a first violation of s. 23.33
3(4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who
4committed the violation had a blood alcohol concentration of 0.08 or more but less
5than 0.1 at the time of the violation, or for a violation under s. 343.51 (1m) (b) or a
6safety belt use violation under s. 347.48 (2m).
AB75, s. 3234
7Section
3234. 814.67 (1) (c) of the statutes is renumbered 814.67 (1) (c) (intro.)
8and amended to read:
AB75,1591,129
814.67
(1) (c) (intro.) For traveling,
at the rate of 20 cents per mile going and
10returning from his or her residence if within the state; or, if without the state, from
11the point where he or she crosses the state boundary to the place of attendance, and
12returning by the usually traveled route between such points
.:
AB75, s. 3235
13Section
3235. 814.67 (1) (c) 1. of the statutes is created to read:
AB75,1591,1414
814.67
(1) (c) 1. For witnesses, the rate of 20 cents per mile.
AB75, s. 3236
15Section
3236. 814.67 (1) (c) 2. of the statutes is created to read:
AB75,1591,1616
814.67
(1) (c) 2. For interpreters, the mileage rate set under s. 20.916 (8).
AB75, s. 3237
17Section
3237. 814.75 (22m) of the statutes is amended to read:
AB75,1591,1918
814.75
(22m) The supplemental food enforcement surcharge under s.
49.17 19253.06 (4) (c).
AB75, s. 3238
20Section
3238. 814.76 (15m) of the statutes is amended to read:
AB75,1591,2221
814.76
(15m) The supplemental food enforcement surcharge under s.
49.17 22253.06 (4) (c).
AB75, s. 3239
23Section
3239. 814.80 (11) of the statutes is amended to read:
AB75,1591,2524
814.80
(11) The supplemental food enforcement surcharge under s.
49.17 25253.06 (4) (c).
AB75, s. 3240
1Section
3240. 814.86 (1) of the statutes is amended to read:
AB75,1592,102
814.86
(1) Except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681
3(1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation
4had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the
5violation, or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under
6s. 347.48 (2m), the clerk of circuit court shall charge and collect a
$12 $18 justice
7information system surcharge from any person, including any governmental unit, as
8defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62
9(1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in
10addition to the surcharge listed in sub. (1m).
AB75, s. 3241
11Section
3241. 823.08 (2) (b) of the statutes is amended to read:
AB75,1592,1212
823.08
(2) (b) "Agricultural use" has the meaning given in s. 91.01
(1) (2).
AB75, s. 3242
13Section
3242. 846.04 (1) of the statutes is amended to read:
AB75,1592,2514
846.04
(1) The plaintiff may, in the complaint, demand judgment for any
15deficiency that may remain due the plaintiff after sale of the mortgaged premises
16against every party who is personally liable for the debt secured by the mortgage.
17Judgment may be rendered for any deficiency remaining after applying the proceeds
18of sale to the amount due. The judgment for deficiency shall be ordered in the original
19judgment and separately rendered against the party liable on or after the
20confirmation of sale. The judgment for deficiency shall be entered in the judgment
21and lien docket and, except as provided in subs. (2) and (3), enforced as in other cases.
22A mortgage foreclosure deficiency judgment entered
on or after October 14, 1997, on
23property
devoted primarily to under agricultural use, as defined in s. 91.01
(5), on
24and after October 14, 1997, (2), for at least 12 consecutive months during the
25preceding 36-month period shall be recorded as an agriculture judgment.
AB75, s. 3243
1Section
3243. 846.04 (2) of the statutes is amended to read:
AB75,1593,72
846.04
(2) Except as provided in sub. (3), if a mortgage foreclosure deficiency
3judgment is entered on property
devoted primarily to
under agricultural use, as
4defined in s. 91.01
(5), (2), for at least 12 consecutive months during the preceding
536-month period, an action on the deficiency judgment shall be commenced within
610 years after the date on which the mortgage foreclosure deficiency judgment is
7entered or be barred.
AB75, s. 3244
8Section
3244. 851.08 of the statutes is created to read:
AB75,1593,10
9851.08 Domestic partner. "
Domestic partner" has the meaning given in s.
10770.01 (1) and "domestic partnership" has the meaning given in s. 770.01 (2).
AB75, s. 3245
11Section
3245. 851.17 of the statutes is amended to read:
AB75,1593,17
12851.17 Net estate. "Net estate" means all property subject to administration
13less the property selected by the surviving spouse
or surviving domestic partner 14under s. 861.33, the allowances made by the court under ss. 861.31, 861.35 and
15861.41 except as those allowances are charged by the court against the intestate
16share of the recipient, administration, funeral and burial expenses, the amount of
17claims paid and federal and state estate taxes payable out of such property.
AB75, s. 3246
18Section
3246. 851.295 of the statutes is created to read:
AB75,1593,21
19851.295 Surviving domestic partner. "Surviving domestic partner" means
20a person who was in a domestic partnership under ch. 770 with the decedent, at the
21time of the decedent's death.
AB75, s. 3247
22Section
3247. 852.01 (1) (a) (intro.), 1. and 2. (intro.) and b., (b), (c), (d) and (f)
23(intro.) of the statutes are amended to read:
AB75,1593,2424
852.01
(1) (a) (intro.) To the spouse
or domestic partner:
AB75,1594,3
11. If there are no surviving issue of the decedent, or if the surviving issue are
2all issue of the surviving spouse
or surviving domestic partner and the decedent, the
3entire estate.
AB75,1594,64
2. (intro.) If there are surviving issue one or more of whom are not issue of the
5surviving spouse
or surviving domestic partner, one-half of decedent's property
6other than the following property:
AB75,1594,87
b. The decedent's interest in property held equally and exclusively with the
8surviving spouse
or surviving domestic partner as tenants in common.
AB75,1594,119
(b) To the issue, per stirpes, the share of the estate not passing to the spouse
10or surviving domestic partner, under par. (a), or the entire estate if there is no
11surviving spouse
or surviving domestic partner.
AB75,1594,1312
(c) If there is no surviving spouse
, surviving domestic partner, or issue, to the
13parents.
AB75,1594,1514
(d) If there is no surviving spouse,
surviving domestic partner, issue
, or parent,
15to the brothers and sisters and the issue of any deceased brother or sister per stirpes.
AB75,1594,1716
(f) (intro.) If there is no surviving spouse,
surviving domestic partner, issue,
17parent
, or issue of a parent, to the grandparents and their issue as follows:
AB75, s. 3248
18Section
3248. 852.09 of the statutes is amended to read:
AB75,1594,22
19852.09 Assignment of home to surviving spouse or surviving domestic
20partner. If the intestate estate includes an interest in a home, assignment of that
21interest to the surviving spouse
or surviving domestic partner is governed by s.
22861.21.
AB75, s. 3249
23Section
3249. 853.11 (2m) and (3) of the statutes are amended to read:
AB75,1595,224
853.11
(2m) Premarital or predomestic partnership will. Entitlements of a
25surviving spouse
or surviving domestic partner under a decedent's will that was
1executed before marriage to the surviving spouse
or before recording of the domestic
2partnership under ch. 770 are governed by s. 853.12.
AB75,1595,4
3(3) Transfer to former spouse or former domestic partner. A transfer under
4a will to a former spouse
or former domestic partner is governed by s. 854.15.
AB75, s. 3250
5Section
3250. 853.12 (title) of the statutes is amended to read:
AB75,1595,6
6853.12 (title)
Premarital will or predomestic partnership will.
AB75, s. 3251
7Section
3251. 853.12 (1), (2) (intro.) and (a), (3) (a) and (b) and (4) (a) of the
8statutes are amended to read:
AB75,1595,139
853.12
(1) Entitlement of surviving spouse
or surviving domestic partner. 10Subject to sub. (3), if the testator married the surviving spouse
or recorded a domestic
11partnership under ch. 770 with the surviving domestic partner after the testator
12executed his or her will, the surviving spouse
or surviving domestic partner is
13entitled to a share of the probate estate.
AB75,1595,18
14(2) Value of share. (intro.) The value of the share under sub. (1) is the value
15of the share that the surviving spouse
or surviving domestic partner would have
16received had the testator died with an intestate estate equal to the value of the
17testator's net estate, but the value of the net estate shall first be reduced by the value
18of all of the following:
AB75,1595,2219
(a) All devises to or for the benefit of the testator's children who were born
20before the marriage to the surviving spouse
or the domestic partnership with the
21surviving domestic partner and who are not also the children of the surviving spouse
22or surviving domestic partner.
AB75,1595,25
23(3) (a) It appears from the will or other evidence that the will was made in
24contemplation of the testator's marriage to the surviving spouse
or domestic
25partnership with the surviving domestic partner.
AB75,1596,4
1(b) It appears from the will or other evidence that the will is intended to be
2effective notwithstanding any subsequent marriage
or domestic partnership, or
3there is sufficient evidence that the testator considered revising the will after
4marriage
or domestic partnership but decided not to.
AB75,1596,6
5(4) (a) Amounts received by the surviving spouse under s. 861.02 and devises
6made by will to the surviving spouse
or surviving domestic partner are applied first.
AB75, s. 3252
7Section
3252. 854.15 (title) of the statutes is amended to read:
AB75,1596,9
8854.15 (title)
Revocation of provisions in favor of former spouse or
9former domestic partner.
AB75, s. 3253
10Section
3253. 854.15 (1) (b) of the statutes is renumbered 854.15 (1) (b) (intro.)
11and amended to read:
AB75,1596,1312
854.15
(1) (b) (intro.) "Divorce, annulment or similar event" means any
of the
13following:
AB75,1596,15
141. A divorce,
any annulment
, or
any other event or proceeding that would
15exclude a spouse as a surviving spouse under s. 851.30.
AB75, s. 3254
16Section
3254. 854.15 (1) (b) 2. of the statutes is created to read:
AB75,1596,1917
854.15
(1) (b) 2. A termination of a domestic partnership or other event or
18proceeding that would exclude a person as a surviving domestic partner under s.
19851.295.
AB75, s. 3255
20Section
3255. 854.15 (1) (c) of the statutes is amended to read:
AB75,1596,2321
854.15
(1) (c) "Former spouse" means a person whose marriage to the decedent
22or domestic partnership with the decedent has been the subject of a divorce,
23annulment or similar event.
AB75, s. 3256
24Section
3256. 854.15 (5) (am) 5. of the statutes is amended to read:
AB75,1597,2
1854.15
(5) (am) 5. The decedent and the former spouse have remarried
or
2entered into a new domestic partnership before the death of the decedent.
AB75, s. 3257
3Section
3257. 859.25 (1) (g) of the statutes is amended to read:
AB75,1597,54
859.25
(1) (g) Property assigned to the surviving spouse
or surviving domestic
5partner under s. 861.41.
AB75, s. 3258
6Section
3258. 861.21 (title) of the statutes is amended to read: