AB561: Bill Text

AB561,28,2 911.01 (4) (c) Miscellaneous proceedings. Proceedings for extradition or rendition; sentencing, granting or revoking probation, modification of a bifurcated sentence under s. 302.113 (9g), or adjustment of a bifurcated sentence under s. 973.195 (1r) or 973.198; issuance of subpoenas or warrants under s. 968.375, arrest warrants, criminal summonses, and search warrants; hearings under s. 980.09 (2); proceedings under s. 971.14 (1r) (c); proceedings with respect to pretrial release under ch. 969 except where habeas corpus is utilized with respect to release on bail or as otherwise provided in ch. 969; or proceedings under s. 165.76 (6) to compel provision of a biological specimen for deoxyribonucleic acid analysis.

Note: Inserts conjunction to correct list structure.

AB561,83 Section 83. The treatment of 938.33 (4) (c) of the statutes by 2011 Wisconsin Act 181 is not repealed by 2011 Wisconsin Act 258. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 938.33 (4) (c) reads:

(c) Specific information showing that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile, specific information showing that the county department or the agency primarily responsible for providing services to the juvenile has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, unless any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies, and, if a permanency plan has previously been prepared for the juvenile, specific information showing that the county department or agency has made reasonable efforts to achieve the permanency goal of the juvenile's permanency plan, including, if appropriate, through an out-of-state placement.

AB561,84 Section 84. The treatment of 938.335 (3g) (c) of the statutes by 2011 Wisconsin Act 181 is not repealed by 2011 Wisconsin Act 258. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 938.335 (3g) (c) reads:

(c) That, if a permanency plan has previously been prepared for the juvenile, the county department or agency has made reasonable efforts to achieve the permanency goal of the juvenile's permanency plan, including, if appropriate, through an out-of-state placement.

AB561,85 Section 85. The treatment of 938.355 (2) (b) 6. of the statutes by 2011 Wisconsin Act 181 is not repealed by 2011 Wisconsin Act 258. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 938.355 (2) (b) 6. reads:

6. If the juvenile is placed outside the home, a finding that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile or, if the juvenile has been adjudicated delinquent and is placed outside the home under s. 938.34 (3) (a), (c), (cm), or (d) or (4d), a finding that the juvenile's current residence will not safeguard the welfare of the juvenile or the community due to the serious nature of the act for which the juvenile was adjudicated delinquent. The court order shall also contain a finding as to whether the county department or the agency primarily responsible for providing services under a court order has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, unless the court finds that any of the circumstances under sub. (2d) (b) 1. to 4. applies, and, if a permanency plan has previously been prepared for the juvenile, a finding as to whether the county department or agency has made reasonable efforts to achieve the permanency goal of the juvenile's permanency plan, including, if appropriate, through an out-of-state placement. The court shall make the findings specified in this subdivision on a case-by-case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which those findings are based in the court order. A court order that merely references this subdivision without documenting or referencing that specific information in the court order or an amended court order that retroactively corrects an earlier court order that does not comply with this subdivision is not sufficient to comply with this subdivision.

AB561,86 Section 86. The treatment of 938.365 (2m) (a) 1. of the statutes by 2011 Wisconsin Act 181 is not repealed by 2011 Wisconsin Act 258. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 938.365 (2m) (a) 1. reads:

1. Any party may present evidence relevant to the issue of extension. If the juvenile is placed outside of his or her home, the person or agency primarily responsible for providing services to the juvenile shall present as evidence specific information showing that the person or agency has made reasonable efforts to achieve the permanency goal of the juvenile's permanency plan, including, if appropriate, through an out-of-state placement. If an Indian juvenile is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the person or agency primarily responsible for providing services to the Indian juvenile shall also present as evidence specific information showing that active efforts under s. 938.028 (4) (d) 2. have been made to prevent the breakup of the Indian juvenile's family and that those efforts have proved unsuccessful.

AB561,87 Section 87. The treatment of 938.365 (2m) (a) 1m. of the statutes by 2011 Wisconsin Act 181 is not repealed by 2011 Wisconsin Act 258. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 938.365 (2m) (a) 1m. reads:

1m. The court shall make findings of fact and conclusions of law based on the evidence. The findings of fact shall include a finding as to whether reasonable efforts were made by the person or agency primarily responsible for providing services to the juvenile to achieve the permanency goal of the juvenile's permanency plan, including, if appropriate, through an out-of-state placement. If the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the findings of fact shall also include a finding that active efforts under s. 938.028 (4) (d) 2. were made to prevent the breakup of the Indian juvenile's family and that those efforts have proved unsuccessful. An order shall be issued under s. 938.355.

AB561,88 Section 88. 938.38 (4m) (title) of the statutes, as affected by 2011 Wisconsin Acts 181 and 258, is amended to read:

AB561,29,8 938.38 (4m) (title) Reasonable efforts not required; permanency plan determination hearing.

Note: 2011 Wis. Act 258 repealed and recreated all of s. 938.38 (4m), including the title as it previously existed. 2011 Wis. Act 181 amended the title to remove "plan." This section gives effect to the Act 181 treatment.

AB561,89 Section 89. The treatment of 938.38 (5) (c) 7. of the statutes by 2011 Wisconsin Act 181 is not repealed by 2011 Wisconsin Act 258. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 938.38 (5) (c) 7. reads:

7. Whether reasonable efforts were made by the agency to achieve the permanency goal of the permanency plan, including, if appropriate, through an out-of-state placement.

AB561,90 Section 90. The treatment of 939.74 (2d) (c) of the statutes by 2011 Wisconsin Act 271 is not repealed by 2011 Wisconsin Act 282. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 939.74 (2d) (c) reads:

(c) If, before the applicable time limitation under sub. (1) or (2) (am), (c), or (cm) for commencing prosecution of a felony under ch. 940 or 948, other than a felony specified in sub. (2) (a), expires, the state collects biological material that is evidence of the identity of the person who committed the felony, identifies a deoxyribonucleic acid profile from the biological material, and compares the deoxyribonucleic acid profile to deoxyribonucleic acid profiles of known persons, the state may commence prosecution of the person who is the source of the biological material for the felony or a crime that is related to the felony or both within 12 months after comparison of the deoxyribonucleic acid profile relating to the felony results in a probable identification of the person or within the applicable time under sub. (1) or (2), whichever is latest.

AB561,91 Section 91. 949.05 (1) of the statutes is renumbered 949.05.

Note: Section 949.05 does not have multiple subsections.

AB561,92 Section 92. 973.017 (8) (c) (title) of the statutes is created to read:

AB561,30,8 973.017 (8) (c) (title) Distribution or delivery of methamphetamine on public transit vehicles.

Note: The remainder of the paragraphs in s. 973.017 (8) have titles.

AB561,93 Section 93. 2011 Wisconsin Act 46, section 1, is amended by replacing "15.155 (5) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read: 15.155 (5)" with "15.105 (33) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read: 15.105 (33)".

Note: There is no s.15.155 (5), as affected by 2011 Wis. Act 32. 2011 Wis. Act 32 renumbered s. 15.155 (5) to be s. 15.105 (33).

AB561,94 Section 94. 2011 Wisconsin Act 47, section 4, is amended by replacing "Central States, or Wisconsin Evangelical" with "Central States, Wisconsin Evangelical".

Note: "Or" shown as stricken was not pre-existing text.

AB561,95 Section 95. 2011 Wisconsin Act 75, section 38, is amended by replacing "(2) (c) who" with "(2) (c), who".

Note: A pre-existing comma was removed without being shown as stricken. The change was intended.

AB561,96 Section 96 . 2011 Wisconsin Act 75, section 49, is amended by replacing "shall also" with "also shall also".

Note: The word "also" preceding "shall" was deleted without being shown as stricken, and the word "also" following "shall" was inserted without being shown as underscored. The changes were intended.

AB561,97 Section 97. 2011 Wisconsin Act 75, section 50, is amended by replacing "absentee a military" with " absent a military".

Note: Stricken text was shown incorrectly.

AB561,98 Section 98. 2011 Wisconsin Act 75, section 52, is amended by replacing "home, facility, or complex" with "home, facility, or complex".

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

AB561,99 Section 99. 2011 Wisconsin Act 75, section 56, is amended by replacing "7.10 (3) (a) of the statutes, as affected by 2011 Wisconsin Act 45, is amended to read:" with "7.10 (3) (a) of the statutes is amended to read:".

Note: The text of section 7.10 (3) (a) treated by 2011 Wis. Act 75, section 56, did not reflect the treatment of the provision by 2011 Wis. Act 45.

AB561,100 Section 100. 2011 Wisconsin Act 75, section 76, is amended by replacing "or state office" with "or state office," and by replacing "special primary," with "special primary".

Note: A pre-existing comma was removed without being shown as stricken. The change was intended. A comma was shown as stricken that was not pre-existing. No change was intended.

AB561,101 Section 101. 2011 Wisconsin Act 91, section 23, is amended by replacing "218.0133 (2) (b) 1. b. 218.0133 (2) (b) 1. b." with "218.0133 (2) (b) 1. b.".

Note: Deletes repeated citation.

AB561,102 Section 102. 2011 Wisconsin Act 91, section 33, is amended by replacing "218.0133 (5) (a) 2. 218.0133 (5) (a) 2." with "218.0133 (5) (a) 2.".

Note: Deletes repeated citation.

AB561,103 Section 103. 2011 Wisconsin Act 114, section 1e, is amended by replacing "4th Monday in February the" with "4th Monday in February, the".

Note: A comma was deleted without being stricken. The change was intended.

AB561,104 Section 104. 2011 Wisconsin Act 115, section 14, is amended by replacing "accordingly. Upon" with "accordingly. Upon".

Note: "Upon" was preexisting and should not have been underscored.

AB561,105 Section 105. 2011 Wisconsin Act 118, section 127, is amended by replacing "(a), or" with "(a) or".

Note: The stricken comma did not exist in preexisting text. No change was intended.

AB561,106 Section 106. 2011 Wisconsin Act 181, section 9, is amended by replacing "order,. A court" with "order. A court".

Note: A comma that did not exist was shown as stricken. No change was intended.

AB561,107 Section 107. 2011 Wisconsin Act 199, section 4, is amended by replacing "a lift" with "a ski lift".

Note: "Ski" was deleted without being shown as stricken. The change was intended.

AB561,108 Section 108. 2011 Wisconsin Act 216, section 33, is amended by replacing "committee. No one" with "committee. No one".

Note: A previously existing comma was underscored. No change was intended.

AB561,109 Section 109. 2011 Wisconsin Act 227, section 5, is amended by replacing "6.869 of the statutes, as affected by 2011 Wisconsin Act 23, is amended" with "6.869 of the statutes, as affected by 2011 Wisconsin Act 75, is amended".

Note: Act 227, section 5, reflects the treatment of s. 6.869 by 2011 Wis. Act 75, which reflected the treatment by Act 23. See also Section 96 of this bill.

AB561,110 Section 110. 2011 Wisconsin Act 257, section 40, is amended by replacing "401.24 of the statutes" with "401.24 (intro.) of the statutes".

Note: Only the section (intro.) was affected.

AB561,111 Section 111. 2011 Wisconsin Act 265, section 2, is amended by replacing "340.01 (2g)," with "340.01 (2g),".

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

AB561,112 Section 112. 2011 Wisconsin Act 266, section 5d, is amended by replacing "813.12 (8) of the statutes" with "813.12 (8) (a) of the statutes".

Note: Only s. 813.12 (8) (a) was affected.

AB561,113 Section 113. 2011 Wisconsin Act 271, section 6, is amended by replacing "possesses, or" with "possesses, or".

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

AB561,114 Section 114 . Renumbering and cross-reference changes under s. 13.92 (1) (bm) 2., stats. Each statute listed in column A was renumbered to the statute number in column B, and cross-references to the renumbered statute were changed in the statutes listed in column C to agree with the renumbered statute, under section 13.92 (1) (bm) 2. of the statutes:

AB561,33,25 Note: Confirms renumbering and corresponding cross-reference changes under s. 13.92 (1) (bm) 2. - See PDF for table

AB561,115 Section 115 . Corrections of obvious typographical errors under s. 35.17, stats. In the sections of the statutes listed in Column A, the text shown in Column B was changed to the text shown in column C to correct obvious typographical errors under s. 35.17 of the statutes:

AB561,36,15 Note: Confirms correction of obvious typographical errors in the statutes under s. 35.17. - See PDF for table

AB561,39,1 (End)