1997 Wisconsin Act 252

Note: There is no conflict of substance.

252,165 Section 165 . 887.23 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

887.23 (1) Who may require. The department of health and social family services, the department of corrections, the state superintendent of public instruction or the board of regents of the university of Wisconsin system may order the deposition of any witness to be taken concerning any institution under his, her or its government or superintendence, or concerning the conduct of any officer or agent thereof, or concerning any matter relating to the interests thereof. Upon presentation of a certified copy of such order to any municipal judge, notary public or court commissioner, the officer shall take the desired deposition in the manner provided for taking depositions to be used in actions. When any officer or agent of any institution is concerned and will be affected by the testimony, 2 days' written notice of the time and place of taking the deposition shall be given him or her. Any party interested may appear in person or by counsel and examine the witness touching the matters mentioned in the order. The deposition, duly certified, shall be delivered to the authority which ordered it.

Note: 1997 Wis. Act 27 inserted “social" without showing it as underscored and deleted “family" without showing it as stricken. No change was intended.

252,166 Section 166 . The treatments of 895.035 (2m) (b), (bm) 1. and (c) of the statutes by 1997 Wisconsin Act 27 are not repealed by 1997 Wisconsin Act 35. All treatments stand.

Note: There is no conflict of substance.

252,167 Section 167 . 895.55 (5) of the statutes is amended to read:

895.55 (5) Nothing in this section affects the responsibility of a person under sub. (3) (a) to fulfill that person's requirements under s. 144.76 292.11.

Note: Inserts the correct cross-reference. Section 144.76 was renumbered by 1995 Wis. Act 227.

252,168 Section 168 . The treatment of 938.183 (2) (c) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35. Both treatments stand.

Note: There is no conflict of substance.

252,169 Section 169 . The treatment of 938.22 (1) (c) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35. Both treatments stand.

Note: There is no conflict of substance.

252,170 Section 170 . 938.299 (5) of the statutes is amended to read:

938.299 (5) On request of any party, unless good cause to the contrary is shown, any hearing under s. 938.209 (1) (e) or 938.21 (1) may be held on the record by telephone or live audio-visual audiovisual means or testimony may be received by telephone or live audio-visual audiovisual means as prescribed in s. 807.13 (2). The request and the showing of good cause for not conducting the hearing or admitting testimony by telephone or live audio-visual audiovisual means may be made by telephone.

Note: Corrects spelling.

252,171 Section 171 . 938.30 (6) of the statutes, as affected by 1997 Wisconsin Acts 27 and 35, is amended to read:

938.30 (6) If a petition is not contested, the court shall set a date for the dispositional hearing which allows reasonable time for the parties to prepare but is no more than 10 days from the plea hearing for a juvenile who is held in secure custody and no more than 30 days from the plea hearing for a juvenile who is not held in secure custody. If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of income, assets, debts and living expenses to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of workforce industry, labor and job development under s. 49.22 (9) and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent the court may proceed immediately with the dispositional hearing. If a citation is not contested, the court may proceed immediately to enter a dispositional order.

Note: The stricken language was inserted by 1997 Wis. Act 35, without taking into account the treatment by 1997 Wis. Act 27 which changed the department of industry, labor and job development to the department of workforce development.

252,172 Section 172 . 938.30 (10) of the statutes is amended to read:

938.30 (10) The court may permit any party to participate in hearings under this section by telephone or live audio-visual audiovisual means except a juvenile who intends to admit the facts of the delinquency petition.

Note: Corrects spelling.

252,173 Section 173 . 938.31 (7) of the statutes, as affected by 1997 Wisconsin Acts 27 and 35, is amended to read:

938.31 (7) At the close of the fact-finding hearing, the court shall set a date for the dispositional hearing which allows a reasonable time for the parties to prepare but is no more than 10 days after the fact-finding hearing for a juvenile in secure custody and no more than 30 days after the fact-finding hearing for a juvenile not held in secure custody. If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of income, assets, debts and living expenses to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of workforce industry, labor and job development under s. 49.22 (9) and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent, the court may immediately proceed with a dispositional hearing.

Note: The stricken language was inserted by 1997 Wis. Act 35, but rendered surplusage by the treatment of this provision by 1997 Wis. Act 27.

252,174 Section 174 . The treatment of 938.33 (3) (b) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35. Both treatments stand.

Note: There is no conflict of substance.

252,175 Section 175 . The treatment of 938.33 (4) (b) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35. Both treatments stand.

Note: There is no conflict of substance.

252,176 Section 176 . 938.335 (4) of the statutes is amended to read:

938.335 (4) At hearings under this section, s. 938.357, 938.363 or 938.365, on the request of any party, unless good cause to the contrary is shown, the court may admit testimony on the record by telephone or live audio-visual audiovisual means, if available, under s. 807.13 (2). The request and the showing of good cause may be made by telephone.

Note: Corrects spelling.

252,177 Section 177 . The treatment of 938.355 (2) (b) 4. of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35. Both treatments stand.

Note: There is no conflict of substance.

252,178 Section 178 . 938.355 (6m) (a) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (Assembly Bill 410), is amended to read:

938.355 (6m) (a) (intro.) If the court finds by a preponderance of the evidence that a juvenile who has been found to have violated a municipal ordinance enacted under s. 118.163 (2) or who has been found to be in need of protection or services under s. 938.13 (6) has violated a condition specified under sub. (2) (b) 7., the court may order as a sanction any combination of the sanctions specified in subds. 1. to 3. and the dispositions specified in s. 938.342 (1) (d) to (f) and (1m), regardless of whether the disposition was imposed in the order violated by the juvenile, if at the dispositional hearing under s. 938.335 the court explained those conditions to the juvenile and informed the juvenile of the possible sanctions under this paragraph for a violation 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 possible sanctions and that he or she understands those conditions and possible sanctions. The court may order as a sanction or limitation on the use under this paragraph any of the following:

Note: Deletes unnecessary phrase. The phrase is repeated in par. (a) 1. where it is more logically placed.

252,179 Section 179 . 938.36 (1) (b) of the statutes, as affected by 1997 Wisconsin Acts 27 and 35, is amended to read:

938.36 (1) (b) In determining the amount of support under par. (a), the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported under s. 49.22 (2m) to the department of workforce development, or the county child support agency, under s. 59.53 (5) 49.22. If the court has insufficient information with which to determine the amount of support, the court shall order the juvenile's parent to furnish a statement of income, assets, debts and living expenses, if the parent has not already done so, to the court within 10 days after the court's order transferring custody or designating an alternative placement is entered or at such other time as ordered by the court.

Note: 1997 Wis. Act 35 inserted the incorrect cross-reference.

252,180 Section 180 . The treatment of 938.363 (1m) of the statutes by 1997 Wisconsin Act 35 is not repealed by 1997 Wisconsin Act 80. Both treatments stand.

Note: There is no conflict of substance.

252,181 Section 181 . 938.396 (2) (ag) of the statutes is amended to read:

938.396 (2) (ag) Upon request of the parent, guardian or legal custodian of a juvenile who is the subject of a record of a court specified in par. (a), or upon request of the juvenile, if 14 years of age or over, the court shall open for inspection by the parent, guardian, legal custodian or juvenile the records of the court relating to that juvenile, unless the court finds, after due notice and hearing, that inspection of those records by the parent, guardian or , legal custodian or juvenile would result in imminent danger to anyone.

Note: Supplies omitted term. 1995 Wis. Act 352 amended this provision by inserting “anyone" as the last word, replacing “the juvenile". The purpose of the change was to provide that inspection under this provision was not to be allowed where injury to anyone would result from inspection by anyone with inspection rights. The insertion of “juvenile" is necessary to provide that harm from inspection by anyone with inspection rights can be prevented.

252,182 Section 182 . 938.396 (2) (am) of the statutes is amended to read:

938.396 (2) (am) Upon the written permission of the parent, guardian or legal custodian of a juvenile who is the subject of a record of a court specified in par. (a), or upon request written permission of the juvenile if 14 years of age or over, the court shall open for inspection by the person named in the permission any records specifically identified by the parent, guardian, legal custodian or juvenile in the written permission, unless the court finds, after due notice and hearing, that inspection of those records by the person named in the permission would result in imminent danger to anyone.

Note: Inserts term used in the remainder of the provision for internal consistency.

252,183 Section 183 . The treatment of 938.533 (2) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35. Both treatments stand.

Note: There is no conflict of substance.

252,184 Section 184 . The treatments of 946.82 (4) of the statutes by 1997 Wisconsin Acts 79, 101 and .... (Assembly Bill 553) are not repealed by 1997 Wisconsin Act .... (Assembly Bill 742). All treatments stand.

Note: There is no conflict of substance.

252,185 Section 185 . 948.22 (4) (b) of the statutes, as affected by 1997 Wisconsin Act 35, is amended to read:

948.22 (4) (b) For a person not subject to a court order requiring child, grandchild or spousal support payments, when the person knows or reasonably should have known that he or she has a dependent, failure to provide support equal to at least the amount established by rule by the department of workforce development under s. 49.22 (9) (a) or causing a spouse, grandchild or child to become a dependent person, or continue to be a dependent person, as defined in s. 49.01 (2).

Note: Corrects cross-reference. 1995 Wis. Act 404 renumbered s. 46.25 (9) (a) to s. 49.22 (9).

252,186 Section 186 . 967.04 (2) of the statutes is amended to read:

967.04 (2) The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition. The notice shall state the name and address of each person to be examined. On motion of a party upon whom the notice is served, the court for cause shown may extend or shorten the time. Upon request of all defendants, unless good cause to the contrary is shown, the court may order that a deposition under this section be taken on the record by telephone or live audio-visual audiovisual means.

Note: Corrects spelling.

252,187 Section 187 . The treatment of 967.055 (1) (b) of the statutes by 1995 Wisconsin Act 436 is not repealed by 1995 Wisconsin Act 448. Both treatments stand.

Note: There is no conflict of substance.

252,188 Section 188 . 967.08 (1) of the statutes is amended to read:

967.08 (1) Unless good cause to the contrary is shown, proceedings referred to in this section may be conducted by telephone or live audio-visual audiovisual means, if available. If the proceeding is required to be reported under SCR 71.01 (2), the proceeding shall be reported by a court reporter who is in simultaneous voice communication with all parties to the proceeding. Regardless of the physical location of any party to the call, any plea, waiver, stipulation, motion, objection, decision, order or other action taken by the court or any party shall have the same effect as if made in open court. With the exceptions of scheduling conferences, pretrial conferences, and, during hours the court is not in session, setting, review, modification of bail and other conditions of release under ch. 969, the proceeding shall be conducted in a courtroom or other place reasonably accessible to the public. Simultaneous access to the proceeding shall be provided to persons entitled to attend by means of a loudspeaker or, upon request to the court, by making a person party to the telephone call without charge.

Note: Corrects spelling.

252,189 Section 189 . 970.03 (13) of the statutes is amended to read:

970.03 (13) Upon a showing by the proponent of good cause under s. 807.13 (2) (c), testimony may be received into the record of a preliminary examination by telephone or live audio-visual audiovisual means.

Note: Corrects spelling.

252,190 Section 190 . 971.14 (1) (c) of the statutes is amended to read:

971.14 (1) (c) Except as provided in par. (b), the court shall not proceed under sub. (2) until it has found that it is probable that the defendant committed the offense charged. The finding may be based upon the complaint or, if the defendant submits an affidavit alleging with particularity that the averments of the complaint are materially false, upon the complaint and the evidence presented at a hearing ordered by the court. The defendant may call and cross-examine witnesses at a hearing under this paragraph but the court shall limit the issues and witnesses to those required for determining probable cause. Upon a showing by the proponent of good cause under s. 807.13 (2) (c), testimony may be received into the record of the hearing by telephone or live audio-visual audiovisual means. If the court finds that any charge lacks probable cause, it shall dismiss the charge without prejudice and release the defendant except as provided in s. 971.31 (6).

Note: Corrects spelling.

252,191 Section 191 . 971.14 (4) (b) of the statutes is amended to read:

971.14 (4) (b) If the district attorney, the defendant and defense counsel waive their respective opportunities to present other evidence on the issue, the court shall promptly determine the defendant's competency and, if at issue, competency to refuse medication or treatment for the defendant's mental condition on the basis of the report filed under sub. (3) or (5). In the absence of these waivers, the court shall hold an evidentiary hearing on the issue. Upon a showing by the proponent of good cause under s. 807.13 (2) (c), testimony may be received into the record of the hearing by telephone or live audio-visual audiovisual means. At the commencement of the hearing, the judge shall ask the defendant whether he or she claims to be competent or incompetent. If the defendant stands mute or claims to be incompetent, the defendant shall be found incompetent unless the state proves by the greater weight of the credible evidence that the defendant is competent. If the defendant claims to be competent, the defendant shall be found competent unless the state proves by evidence that is clear and convincing that the defendant is incompetent. If the defendant is found incompetent and if the state proves by evidence that is clear and convincing that the defendant is not competent to refuse medication or treatment, under the standard specified in sub. (3) (dm), the court shall make a determination without a jury and issue an order that the defendant is not competent to refuse medication or treatment for the defendant's mental condition and that whoever administers the medication or treatment to the defendant shall observe appropriate medical standards.

Note: Corrects spelling.

252,192 Section 192 . 971.17 (7) (d) of the statutes is amended to read:

971.17 (7) (d) Upon a showing by the proponent of good cause under s. 807.13 (2) (c), testimony may be received into the record of a hearing under this section by telephone or live audio-visual audiovisual means.

Note: Corrects spelling.

252,193 Section 193 . 980.03 (5) of the statutes is amended to read:

980.03 (5) Upon a showing by the proponent of good cause under s. 807.13 (2) (c), testimony may be received into the record of a hearing under this section by telephone or live audio-visual audiovisual means.

Note: Corrects spelling.

252,194 Section 194 . 990.01 (24) of the statutes is amended to read:

990.01 (24) Oath. “Oath" includes affirmation in all cases where by law an affirmation may be substituted for an oath. If any oath or affirmation is required to be taken such oath or affirmation shall be taken before and administered by some officer authorized by the laws of this state to administer oaths, at the place where the same is required to be taken or administered, unless otherwise expressly directed, and, when necessary, duly certified by such officer. If an oath is administered it shall end with the words “so help me God". In actions and proceedings in the courts, a person may take an oath or affirmation in communication with the administering officer by telephone or audio-visual audiovisual means.

Note: Corrects spelling.

252,195 Section 195 . 1997 Wisconsin Act 27, section 253k is amended by replacing “the amount determined by" with “the amount determined by".

Note: 1997 Wis. Act 27 showed “the amount determined by" as underscored, but it was previously existing text.

252,196 Section 196 . 1997 Wisconsin Act 27, section 1407 is amended by replacing “59.07 (97) 59.53 (5)" with “59.53 (5)".

Note: 1997 Wis. Act 27, section 1407, treated s. 46.03 (7) (bm) “as affected by 1997 Wisconsin Act 3. Act 3 changed the reference to s. “59.07 (97)" to s. “59.53 (5)". The reference to s. “59.53 (5)" should have been shown in plain text and “59.07 (97) should not have appeared in Act 27.

252,197 Section 197 . 1997 Wisconsin Act 27, section 2475 is amended by replacing “$1,123,638,100" with “$1,083,638,100".

Note: 1997 Wis. Act 27, section 2475, showed $1,123,638,100 as stricken from s. 84.59 (6). That number did not exist in s. 84.59 (6). The number in the existing statute was $1,083,638,100.

252,198 Section 198 . 1997 Wisconsin Act 39, section 166 (1) is amended to read:

[1997 Wisconsin Act 39] Section 166 (1) The treatment of section 20.445 (1) (gd) (by Section 9) of the statutes takes effect on the date specified in 1997 Wisconsin Act 27, section 9246 9426 (1h).