938.345 (1) (e) Place any juvenile not found under ch. 880, 2003 stats., or ch. 46, 49, 51, 54, or 115
, or ch. 880, 2003 stats., to have a developmental disability or a mental illness or to be a child with a disability, as defined in s. 115.76 (5), in a facility that exclusively treats one or more of those categories of juveniles.
Note: Places cross-references in correct order according to current style.
96,164
Section
164. 940.43 (5) of the statutes is amended to read:
940.43 (5) Where the act is committed by any person who has suffered any prior conviction for any violation under s. 943.30, 1979 stats., ss. 940.42 to 940.45,
s. 943.30, 1979 stats., or any federal statute or statute of any other state which, if the act prosecuted was committed in this state, would be a violation under ss. 940.42 to 940.45.
Note: Places cross-references in correct order in accordance with current style.
96,165
Section
165. 940.45 (5) of the statutes is amended to read:
940.45 (5) Where the act is committed by any person who has suffered any prior conviction for any violation under s. 943.30, 1979 stats., ss. 940.42 to 940.45,
s. 943.30, 1979 stats., or any federal statute or statute of any other state which, if the act prosecuted was committed in this state, would be a violation under ss. 940.42 to 940.45.
Note: Places cross-references in correct order in accordance with current style.
Note: There is no conflict of substance. As merged by the revisor, s. 943.245 (3m) reads:
(3m) Any recovery under this section shall be reduced by the amount recovered as restitution for the same act under ss. 800.093 and 973.20 or as recompense under s. 969.13 (5) (a) for the same act and by any amount collected in connection with the act and paid to the plaintiff under a deferred prosecution agreement under s. 971.41.
Note: Renumbers provision relating to intentional touching to correspond with s. 948.01 (5) (a) (intro.), relating to intentional touching, consistent with the treatment of s. 940.225 (5) (b) 1. (intro.) and b. by
2005 Wis. Act 435.
96,168
Section
168. 948.075 (3) of the statutes is amended to read:
948.075 (3) Proof that the actor did an act, other than use a computerized communication system to communicate with the individual, to effect the actor's intent under sub. (1) (1r) shall be necessary to prove that intent.
Note: Inserts correct cross-reference.
2005 Wis. Act 433 renumbered s. 948.075 (1) to s. 948.075 (1r).
971.41 (3) Conditions of program. A deferred prosecution agreement to which this section applies may require an offender to do any of the following:
(a) Pay money owed for the worthless check or other order issued in violation of s. 943.24 to the district attorney for remittance to the payee of the worthless check or order.
(b) Make other payments for restitution for the offense, including payments to reimburse any person for fees assessed by a financial institution in connection with the person attempting to present the worthless check or other order.
(c) Pay administrative fees assessed under sub. (7).
(d) Pay for and successfully complete a class or counseling regarding financial management.
Note: Corrects numbering errors in
2005 Wis. Act 462 that resulted in there being two provisions numbered s. 971.41 (3) (b). The second of the two provisions is now numbered s. 971.41 (3) (d). No changes to text are made.
96,170
Section
170. 973.017 (6) (a) of the statutes is amended to read:
973.017 (6) (a) In this subsection, "person responsible for the welfare of the child" includes the child's parent, stepparent, guardian, foster parent, or treatment foster parent; an employee of a public or private residential home, institution, or agency; any other person legally responsible for the child's welfare in a residential setting; or a person employed by one who is legally responsible for the child's welfare to exercise temporary control or care for the child.
Note: Inserts missing word.
980.01 (1j) "Incarceration" includes confinement in a secured juvenile correctional facility, as defined in s. 938.02 (15m) (10p), or a secured
child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), if the person was placed in the facility for being adjudicated delinquent under s. 48.34, 1993 stats., or under s. 938.183 or 938.34 on the basis of a sexually violent offense.
Note: Corrects cross-references and conforms text to changes in defined terms made by
2005 Wis. Act 344.
980.02 (1) (b) 3. The county in which the person is in custody under a sentence, a placement to a secured juvenile correctional facility, as defined in s. 938.02 (15m), (10p), or a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), or a commitment order.
Note: Corrects cross-references and conforms text to changes in defined terms made by
2005 Wis. Act 344.
980.038 (4) (a) A motion for postcommitment relief by a person committed under s. 980.06 shall be made in the time and manner provided in ss. s. 809.30 and 809.40. An appeal by a person who has been committed under s. 980.06 from a final order under s. 980.06, 980.08, or 980.09 or from an order denying a motion for postcommitment relief or from both shall be taken in the time and manner provided in ss. 808.04 (3), and 809.30, and 809.40. If a person is seeking relief from an order of commitment under s. 980.06, the person shall file a motion for postcommitment relief in the trial court prior to an appeal unless the grounds for seeking relief are sufficiency of the evidence or issues previously raised.
Note: Removes incorrect cross-references. The LRB analysis to 2005 SB 318, which was enacted as
2005 Wis. Act 434, states as to section 92 of that bill, which creates this provision, "A motion for post-commitment relief by an SVP or an appeal from a final order or from an order denying a motion for post-commitment relief will follow criminal appellate procedure."
Act 434 amended s. 808.04 (3) to add "or 809.30" so that the provision now reads "Except as provided in subs. (4) and (7), an appeal in a criminal case or a case under ch. 48, 51, 55 or, 938, or 980 shall be initiated within the time period specified in s. 809.30."
Section 809.30 relates to appeals in criminal and ch. 48, 51, 55, and 938 cases. Section 809.40 now relates to appeals in termination of parental rights, ch. 799, traffic regulation, municipal ordinance violation, and parental consent to abortion cases, but not criminal cases. Prior to the revision of s. 809.40 by Supreme Court Order 02-01, ss. 809.30 and 809.40 both related to criminal, ch. 48, 51, 55, and 938 cases.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis Act 434 amended s. 980.08 (6m) which resulted in it being divided into three separate subsections, s. 980.08 (6m), (7), (8).
Note: Removes incorrect paragraph designation.
2005 Wis. Act 387, section
372, renumbered s. 880.15 (3) to s. 54.40 (4). Former s. 880.15 (3) was not divided into paragraphs.
96,176
Section
176. 2005 Wisconsin Act 441, section
20 is amended by replacing "
telecommunication service, gas, light, heat, or power" with "
telecommunications service, gas, light, heat
, or power".
Note: A comma was inserted without underscoring. The change was intended. The stricken "telecommunication" should have been "telecommunications."
Note: Corrects statute citation in first column of the
2005 Wis. Act 443 cross-reference change table.
96,178
Section
178. 2005 Wisconsin Act 444, section
46 is amended by replacing "
of the minor, hold a hearing, and appoint counsel" with "
of the minor, hold a hearing
, and appoint counsel".
Note: A comma was inserted without underscoring. The change was intended.
Note: A comma was inserted without underscoring. The change was intended.
96,180
Section
180. 2005 Wisconsin Act 458, section
5 is amended by replacing "
100.195 (5m) (b), 100.30 (5m), 106.50 (6) (i) and (6m) (a), 115.80 (9), 281.36 (2) (b) 1., 767.33 (4) (d), 769.313, 814.025, 814.245, 895.035 (4), 895.10 (3), 895.75 (3), 895.77 (2), 895.79 (3), 895.80 (3), 943.212 (2) (b), 943.245 (2) (d)," with "
100.195 (5m) (b), 100.30 (5m), 106.50 (6) (i) and (6m) (a), 115.80 (9), 281.36 (2) (b) 1., 767.33 (4) (d), 769.313, 814.025, 814.245, 895.035 (4), 895.10 (3), 895.75 (3), 895.77 (2), 895.79 (3), 895.80 (3), 943.212 (2) (b), 943.245 (2) (d)
,".
Note: Preexisting text was underscored.
96,181
Section
181.
Nonstatutory provisions.
(1) The renumbering of section 880.24 (3) (a) and (b) of the statutes by
2005 Wisconsin Act 264 is void.
Note: 2005 Wis. Act 387 renumbered the same provisions. The Act 387 numbering is adopted.
96,182
Section
182.
Effective dates. This act takes effect on the day after publication, except as follows:
(1) The treatment of section 101.985 (4) of the statutes takes effect on June 1, 2007, or on the day after publication, whichever is later.
(2) The treatment of section 301.48 (2) (b) 2. and (3) (c) of the statutes takes effect on July 1, 2007, or on the day after publication, whichever is later.
(3) The treatment of sections 301.03 (20) and 980.08 (7) of the statutes takes effect on July 1, 2007.
