(a) Subject to pars. (b) and (c), in all actions to modify legal custody or physical placement orders, the court shall consider the factors under s. 767.41 (5) (am), subject to s. 767.41 (5) (bm), and shall make its determination in a manner consistent with s. 767.41.
767.451 (5m) (b) In determining the best interest of the child under this section, in addition to the factor under s. 767.24 767.41 (5) (am) 12m., the court shall consider whether a stepparent of the child has a criminal record and whether there is evidence that a stepparent of the child has engaged in abuse, as defined in s. 813.122 (1) (a), of the child or any other child or neglected the child or any other child.
96,147
Section
147. 767.513 (2m) (title) of the statutes is created to read:
767.513 (2m) (title) Health insurance identification card.
Note: All other subsections of s. 767.513 have titles.
2005 Act 443 renumbered 767.25 (4m) to be 767.513 and created titles for all the existing subsections, as renumbered.
2005 Wis. Act 342 created 767.25 (4m) (bm), which as a result of the Act 443 renumbering became 767.513 (2m).
767.513 (2m) (a) The court shall order a parent who is required to provide health insurance coverage for a child under this subsection section to provide to the other parent a health insurance identification card evidencing the child's health insurance coverage.
(c) If the other parent is unable to obtain a health insurance identification card for the child in the manner provided in subd. 2. par. (b), the intentional failure to comply with the order to provide the card by the parent so ordered constitutes a contempt of court, punishable under ch. 785.
Note: Amends cross-references to reflect the renumbering of the provision by
2005 Wis. Act 443.
767.57 (1e) (a) For receiving and disbursing maintenance, child support, or family support payments, including payments in arrears, and for maintaining the records required under par. sub. (1) (c), the department or its designee shall collect an annual fee of $35. The court shall order each party ordered to make payments to pay the fee in each year for which payments are ordered or in which an arrearage in any of those payments is owed. In directing the manner of payment, the court shall order that the fee be withheld from income and sent to the department or its designee, as provided under s. 767.75. Fees under this paragraph shall be deposited in the appropriation account under s. 20.445 (3) (ja). At the time of ordering payment of the fee, the court shall notify each party ordered to make payments of the requirement to pay, and the amount of, the fee. If the fee under this paragraph is not paid when due, the department or its designee may not deduct the fee from any maintenance, child or family support, or arrearage payment, but may move the court for a remedial sanction under ch. 785.
Note: Corrects cross-reference.
767.57 (3) (a) If maintenance or support, or both, are ordered to be paid for the benefit of any individual who is committed by court order to an institution, who is in confinement, or whose legal custody is vested by court order under ch. 48 or 938 in an agency, department, relative, or other entity, the court may order that the maintenance or support be paid to the relative, agency, institution, welfare department, or other entity having legal or actual custody of the individual, and that it be used for the person's care and maintenance, without the appointment of a guardian in this state.
96,151
Section
151. 779.50 (4) (g) of the statutes is amended to read:
779.50 (4) (g) For collecting and paying over all sums upon the sale, 5% 5 percent of the sums collected or $10 dollars, whichever is less.
Note: Deletes unnecessary word and inserts "percent" consistent with current style.
813.123 (2) (b) The court may go forward with a petition filed under sub. (6) if the individual at risk has been adjudicated incompetent under ch. 880, 2003 stats., or ch. 54, notwithstanding an objection by an individual at risk who is the subject of the petition, or an objection by the guardian of the individual at risk.
Note: Inserts correct cross-reference.
2005 Wis. Act 387 renumbered ch. 880 to ch. 54.
814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.195 (5m) (b), 100.30 (5m), 106.50 (6) (i) and (6m) (a), 115.80 (9), 281.36 (2) (b) 1., 767.553 (4) (d), 769.313, 814.025, 802.05, 814.245, 895.035 (4), 895.506, 895.443 (3), 895.444 (2), 895.445 (3), 895.446 (3), 895.506, 943.212 (2) (b), 943.245 (2) (d), 943.51 (2) (b), and 995.10 (3), when allowed costs shall be as follows:
Note: 2005 Wis. Act 155 inserted "814.025" without showing it as underscored and deleted "814.245" without showing it as stricken. No change was intended. "895.506" is placed in numerical order.
2005 Wis. Act 458 inserted the cross-reference to s. 100.195 (5m) (b) but incorrectly showed all of the cross-references following s. 100.195 (5m) (b) as underscored.
Note: There is no conflict of substance. As merged by the revisor, s. 814.65 (1) reads:
(1) Court costs. In a municipal court action, except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of an ordinance in conformity with s. 343.51 (1m) (b) or 347.48 (2m), the municipal judge shall collect a fee of not less than $15 nor more than $28 on each separate matter, whether it is on default of appearance, a plea of guilty or no contest, on issuance of a warrant or summons, or the action is tried as a contested matter. Of each fee received by the judge under this subsection, the municipal treasurer shall pay monthly $5 to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the municipality.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 387 renumbered s. 880.331 (4) to s. 54.40 (4).
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 387 renumbered s. 880.331 (4) to s. 54.40 (4).
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 387 renumbered s. 880.331 (4) to s. 54.40 (4).
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 387 created an identical provision as s. 54.40 (4) (h) and renumbered s. 880.331 (4) to s. 54.40 (4).
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 387 renumbered s. 880.331 (4) to s. 54.40 (4).
893.55 (1d) (c) Based on actuarial studies, documentary evidence, testimony, and the experiences of other states, the legislature concludes there is a dollar figure so low as to deprive the injured victim of reasonable noneconomic damages, and there is a dollar figure at which the cap number is so high that it fails to accomplish the goals of affordable and accessible health care. The legislature concludes that the number chosen is neither too high nor too low to accomplish the goals of affordable and accessible health care, is a reasonable and rationale rational response to the current medical liability situation, and is reasonably and rationally supported by the legislative record.
Note: Corrects spelling.
895.446 (4) Any recovery under this section shall be reduced by the amount recovered as restitution under ss. 800.093 and 973.20 and ch. 938 for the same act or as recompense under s. 939.13 969.13 (5) (a) for the same act.
Note: Inserts correct cross-reference consistent with the remainder of
2005 Wis. Act 447. There is no s. 939.13 (5) (a).
938.27 (5) Notice to biological fathers. Subject to sub. (3) (b), the court shall make reasonable efforts to identify and notify any person who has filed a declaration of paternal interest under s. 48.025, any person who has acknowledged paternity of the child under s. 767.62 767.805 (1), and any person who has been adjudged to be the father of the juvenile in a judicial proceeding unless the person's parental rights have been terminated.
Note: Corrects cross-reference. Section 767.62 was renumbered s. 767.805 by
2005 Wis. Act 443.
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).
