Amendment JR2 SA2-SSA1-AB1

AB1-SSA1-SA2,451,19 813.12 (7) (c) A respondent who does not appear at a hearing at which the court orders an injunction under s. 813.12 (4) but who has been served with a copy of the petition and notice of the time for hearing under s. 813.12 (3) has constructive knowledge of the existence of the injunction and shall be arrested for violation of the injunction regardless of whether he or she has been served with a copy of the injunction.

AB1-SSA1-SA2, s. 519mz Section 519mz. 814.61 (1) (e) of the statutes is amended to read:

AB1-SSA1-SA2,452,4 814.61 (1) (e) No fee charged under this subsection in any action commenced under s. 813.122, 813.123, or 813.125 may be collected from a petitioner under s. 813.122, 813.123, or 813.125 if the petition alleges conduct that is the same as or similar to conduct that is prohibited by s. 940.32 or that is listed in s. 813.12 (1) (a) (am) 1. to 4. 6. If no fee is collected under this paragraph, the fee charged under this subsection for petitions filed and granted under s. 813.122, 813.123, or 813.125 shall be collected from the respondent under s. 813.122, 813.123, or 813.125 if he or she is convicted of violating a temporary restraining order or injunction issued under s. 813.122 (4) or (5), 813.123 (4) or (5), or 813.125 (3) or (4).".

AB1-SSA1-SA2,452,5 476. Page 224, line 11: delete lines 11 to 15 and substitute:

AB1-SSA1-SA2,452,6 " Section 520bb. 814.634 (1) (a) of the statutes is amended to read:

AB1-SSA1-SA2,452,11 814.634 (1) (a) Except for an action for a headlamp violation under s. 347.065 (1) or a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $40 court support services fee from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or 814.63 (1).

AB1-SSA1-SA2, s. 520bd Section 520bd. 814.634 (1) (a) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

AB1-SSA1-SA2,452,18 814.634 (1) (a) Except for an action for a headlamp violation under s. 347.065 (1) or a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $40 $52 court support services fee from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), or 814.63 (1).".

AB1-SSA1-SA2,452,19 477. Page 225, line 3: after that line insert:

AB1-SSA1-SA2,452,20 " Section 522g. 814.635 (1) of the statutes is amended to read:

AB1-SSA1-SA2,453,2 814.635 (1) Except for an action for a headlamp violation under s. 347.065 (1) or a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $9 justice information system fee from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3) or (8) (am), 814.62 (1), (2) or (3) (a) or (b) or 814.63 (1). The justice information system fee is in addition to the other fees listed in this section.

AB1-SSA1-SA2, s. 522k Section 522k. 814.65 (1) of the statutes is amended to read:

AB1-SSA1-SA2,453,11 814.65 (1) Court costs. In a municipal court action, except an action for violation of an ordinance in conformity with s. 347.065 (1) or 347.48 (2m), the municipal judge shall collect a fee of not less than $15 nor more than $23 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 state treasurer for deposit in the general fund and shall retain the balance for the use of the municipality.".

AB1-SSA1-SA2,453,12 478. Page 225, line 3: after that line insert:

AB1-SSA1-SA2,453,13 " Section 523c. 814.70 (1) of the statutes is amended to read:

AB1-SSA1-SA2,454,8 814.70 (1) Service of process. For each service or attempted service of a summons or any other process for commencement of an action, a writ, an order of injunction, a subpoena, or any other order, $12 for each defendant or person. If there is more than one defendant or person to be served at a given address, $6 for each additional defendant or person. No fee charged under this subsection in any action commenced under s. 813.12, 813.122, or 813.123 may be collected from a petitioner under s. 813.12, 813.122, or 813.123. The fee charged under this subsection in any action commenced under s. 813.12, 813.122, 813.123, or 813.125 shall be collected from the respondent under s. 813.12, 813.122, or 813.123 if he or she is convicted of violating a temporary restraining order or injunction issued under s. 813.12 (3) or (4), 813.122 (4) or (5), 813.123 (4) or (5), or 813.125 (3) or (4). No fee charged under this subsection in any action commenced under s. 813.125 may be collected from a petitioner under s. 813.125 if the petition alleges conduct that is the same as or similar to conduct that is prohibited by s. 940.32 or that is listed in s. 813.12 (1) (a) (am) 1. to 4. 6. If no fee is collected under this subsection from a petitioner under s. 813.125, the fee charged under this subsection in any action commenced under s. 813.125 shall be collected from the respondent under s. 813.125 if he or she is convicted of violating a temporary restraining order or injunction issued under s. 813.125 (3) or (4).

AB1-SSA1-SA2, s. 523f Section 523f. 814.70 (3) (intro.) of the statutes is amended to read:

AB1-SSA1-SA2,454,20 814.70 (3) (intro.) For travel in serving any summons, writ or other process, except criminal warrants, and except that a fee under this subsection in any action commenced under s. 813.12, 813.122, or 813.123 may not be collected from a petitioner but shall be collected from the respondent if he or she is convicted of violating a temporary restraining order or injunction issued under s. 813.12 (3) or (4), 813.122 (4) or (5), 813.123 (4) or (5), or 813.125 (3) or (4), and except that a fee under this subsection in any action commenced under s. 813.125 may not be collected from a petitioner if the petition alleges conduct that is the same as or similar to conduct that is prohibited by s. 940.32 or that is listed in s. 813.12 (1) (a) (am) 1. to 4. 6. but shall be collected from the respondent if he or she is convicted of violating a temporary restraining order or injunction issued under s. 813.125 (3) or (4):

AB1-SSA1-SA2, s. 523h Section 523h. 895.73 (1) (a) of the statutes is amended to read:

AB1-SSA1-SA2,455,2 895.73 (1) (a) "Abusive conduct" means domestic abuse, as defined under s. 46.95 (1) (a), 813.12 (1) (a) (am), or 968.075 (1) (a), harassment, as defined under s. 813.125 (1), sexual exploitation by a therapist under s. 940.22, sexual assault under s. 940.225, child abuse, as defined under s. 813.122 (1) (a), or child abuse under ss. 948.02 to 948.11.

AB1-SSA1-SA2, s. 523m Section 523m. 905.045 of the statutes is created to read:

AB1-SSA1-SA2,455,5 905.045 Domestic violence or sexual assault advocate-victim privilege. (1) Definitions. In this section:

AB1-SSA1-SA2,455,9 (a) "Abusive conduct" means abuse, as defined in s. 813.122 (1) (a), of a child, as defined in s. 48.02 (2), interspousal battery, as described under s. 940.19 or 940.20 (1m), domestic abuse, as defined in s. 813.12 (1) (am), or sexual assault under s. 940.225.

AB1-SSA1-SA2,455,12 (b) "Advocate" means an individual who is an employee of or a volunteer for an organization the purpose of which is to provide counseling, assistance, or support services free of charge to a victim.

AB1-SSA1-SA2,455,20 (c) A communication or information is "confidential" if not intended to be disclosed to 3rd persons other than persons present to further the interest of the person receiving counseling, assistance, or support services, persons reasonably necessary for the transmission of the communication or information, and persons who are participating in providing counseling, assistance, or support services under the direction of an advocate, including family members of the person receiving counseling, assistance, or support services and members of any group of individuals with whom the person receives counseling, assistance, or support services.

AB1-SSA1-SA2,455,23 (d) "Victim" means an individual who has been the subject of abusive conduct or who alleges that he or she has been the subject of abusive conduct. It is immaterial that the abusive conduct has not been reported to any government agency.

AB1-SSA1-SA2,456,6 (2) General rule of privilege. A victim has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made or information obtained or disseminated among the victim, an advocate who is acting in the scope of his or her duties as an advocate, and persons who are participating in providing counseling, assistance, or support services under the direction of an advocate, if the communication was made or the information was obtained or disseminated for the purpose of providing counseling, assistance, or support services to the victim.

AB1-SSA1-SA2,456,11 (3) Who may claim the privilege. The privilege may be claimed by the victim, by the victim's guardian or conservator, or by the victim's personal representative if the victim is deceased. The advocate may claim the privilege on behalf of the victim. The advocate's authority to do so is presumed in the absence of evidence to the contrary.

AB1-SSA1-SA2,456,13 (4) Exceptions. Subsection (2) does not apply to any report concerning child abuse that an advocate is required to make under s. 48.981.

AB1-SSA1-SA2,456,17 (5) Relationship to s. 905.04. If a communication or information that is privileged under sub. (2) is also a communication or information that is privileged under s. 905.04 (2), the provisions of s. 905.04 supersede this section with respect to that communication or information.".

AB1-SSA1-SA2,456,18 479. Page 225, line 3: after that line insert:

AB1-SSA1-SA2,456,19 " Section 522r. 908.03 (6m) (d) of the statutes is amended to read:

AB1-SSA1-SA2,457,3 908.03 (6m) (d) Fees. The Before January 1, 2003, the department of health and family services shall, by rule, prescribe uniform fees that are based on an approximation of the actual costs. The fees, plus applicable state tax, are the maximum amount that a health care provider may charge under par. (c) 3. for certified duplicate patient health care records. The rule shall also allow the health care provider to charge for actual postage or other actual delivery costs. The commencement of an action is not a prerequisite for the application of this paragraph.

AB1-SSA1-SA2, s. 522s Section 522s. 908.03 (6m) (d) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

AB1-SSA1-SA2,457,15 908.03 (6m) (d) Fees. Before January 1, 2003 After December 31, 2002, the department of health and family services shall, by rule, prescribe uniform fees that are based on an approximation of actual costs. The fees, plus applicable state tax, are the maximum amount that a health care provider may charge for certified duplicate patient health care records. The rule shall also allow the health care provider to charge for actual postage or other actual delivery costs. The commencement of an action is not a prerequisite for the application of this paragraph For duplicate patient health care records and duplicate X-ray reports or the referral of X-rays to another health care provider that are requested before commencement of an action, s. 146.83 (1) (b) and (c) and (3m) applies.".

AB1-SSA1-SA2,457,16 480. Page 225, line 3: after that line insert:

AB1-SSA1-SA2,457,17 " Section 523p. 893.82 (5m) of the statutes is amended to read:

AB1-SSA1-SA2,458,2 893.82 (5m) With regard to a claim to recover damages for medical malpractice, the time periods under subs. (3), (3m), and (4) shall be 180 days after discovery of the injury or the date on which, in the exercise of reasonable diligence, the injury should have been discovered, rather than 120 days after the event causing the injury for serving a notice of a claim upon the attorney general do not apply. The time period for commencing an action against a state officer, employee, or agent for damages for medical malpractice are the same as the time periods under s. 893.55 (1), (2), and (3).".

AB1-SSA1-SA2,458,4 481. Page 225, line 13: after "302.113 (9g)," insert " adjustment of a bifurcated sentence under s. 973.195,".

AB1-SSA1-SA2,458,5 482. Page 225, line 22: after that line insert:

AB1-SSA1-SA2,458,6 " Section 529p. 938.335 (3m) (b) of the statutes is amended to read:

AB1-SSA1-SA2,458,12 938.335 (3m) (b) After a finding that a juvenile is delinquent under s. 938.12 or is found to be in need of protection or services under s. 938.13 (12), the The district attorney or corporation counsel shall make a reasonable attempt to contact any known victim to inform that person of the right to make a statement under par. (a). Any failure to comply with this paragraph is not a ground for an appeal of a dispositional order or for any court to reverse or modify a dispositional order.".

AB1-SSA1-SA2,458,13 483. Page 226, line 10: after that line insert:

AB1-SSA1-SA2,458,14 " Section 531d. 938.34 (5g) (d) of the statutes is amended to read:

AB1-SSA1-SA2,458,17 938.34 (5g) (d) Under this subsection, a juvenile who is under 14 years of age may not be required to perform more than 40 total hours of supervised work or other community service work, except as provided in subs. (13p), (13r), and (14t).

AB1-SSA1-SA2, s. 531f Section 531f. 938.34 (13p) of the statutes is created to read:

AB1-SSA1-SA2,459,2 938.34 (13p) Bomb scares, biological or chemical substance scares, or firearms at school. In addition to any other disposition imposed under this section, if the juvenile is found to have violated s. 947.015 and the property involved is a school premises, as defined in s. 948.61 (1) (c), is found to have violated s. 947.017 (2) and the threat concerned release or dissemination of a harmful substance on a school premises, as defined in s. 948.61 (1) (c), or is found to have violated s. 948.605 (2) (a) or (3) (a), the court may order any one or more of the following dispositions:

AB1-SSA1-SA2,459,4 (a) That the juvenile participate in anger management counseling or any other counseling ordered by the court.

AB1-SSA1-SA2,459,8 (b) That the juvenile participate for 100 hours in a supervised work program under sub. (5g) or perform 100 hours of other community service work, unless the court determines that the juvenile would pose a threat to public safety while participating in that program or other community service work.

AB1-SSA1-SA2,459,20 (c) That the juvenile's operating privilege, as defined in s. 340.01 (40), be restricted or suspended for 2 years, except that the court may restrict or suspend a juvenile's operating privilege under this paragraph only if the court finds that the juvenile used a motor vehicle to facilitate the commission of the violation. If the court restricts or suspends a juvenile's operating privilege under this paragraph, the court shall immediately forward to the department of transportation notice of the restriction or suspension, clearly stating the reason for and duration of the restriction or suspension. If the juvenile's license or operating privilege is currently suspended or revoked or if the juvenile does not currently possess a valid operator's license issued under ch. 343, the restriction or suspension under this paragraph is effective on the date on which the juvenile is first eligible for issuance or reinstatement of an operator's license under ch. 343.".

AB1-SSA1-SA2,459,21 484. Page 248, line 19: after that line insert:

AB1-SSA1-SA2,459,23 " Section 657b. 940.32 (1) (a) of the statutes is renumbered 940.32 (1) (a) (intro.) and amended to read:

AB1-SSA1-SA2,460,4 940.32 (1) (a) (intro.) "Course of conduct" means repeatedly maintaining a visual or physical proximity to a person. a series of 2 or more acts carried out over time, however short or long, that show a continuity of purpose, including any of the following:

AB1-SSA1-SA2, s. 657c Section 657c. 940.32 (1) (a) 1. of the statutes is created to read:

AB1-SSA1-SA2,460,6 940.32 (1) (a) 1. Maintaining a visual or physical proximity to the victim.

AB1-SSA1-SA2, s. 657d Section 657d. 940.32 (1) (a) 2. of the statutes is created to read:

AB1-SSA1-SA2,460,8 940.32 (1) (a) 2. Approaching or confronting the victim.

AB1-SSA1-SA2, s. 657e Section 657e. 940.32 (1) (a) 3. of the statutes is created to read:

AB1-SSA1-SA2,460,11 940.32 (1) (a) 3. Appearing at the victim's workplace or contacting the victim's employer or coworkers.

AB1-SSA1-SA2, s. 657f Section 657f. 940.32 (1) (a) 4. of the statutes is created to read:

AB1-SSA1-SA2,460,14 940.32 (1) (a) 4. Appearing at the victim's home or contacting the victim's neighbors.

AB1-SSA1-SA2, s. 657g Section 657g. 940.32 (1) (a) 5. of the statutes is created to read:

AB1-SSA1-SA2,460,16 940.32 (1) (a) 5. Entering property owned, leased, or occupied by the victim.

AB1-SSA1-SA2, s. 657h Section 657h. 940.32 (1) (a) 6. of the statutes is created to read:

AB1-SSA1-SA2,460,20 940.32 (1) (a) 6. Contacting the victim by telephone or causing the victim's telephone or any other person's telephone to ring repeatedly or continuously, regardless of whether a conversation ensues.

AB1-SSA1-SA2, s. 657i Section 657i. 940.32 (1) (a) 7. of the statutes is created to read:

AB1-SSA1-SA2,460,25 940.32 (1) (a) 7. Sending material by any means to the victim or, for the purpose of obtaining information about, disseminating information about, or communicating with the victim, to a member of the victim's family or household or an employer, coworker, or friend of the victim.

AB1-SSA1-SA2, s. 657j Section 657j. 940.32 (1) (a) 8. of the statutes is created to read:

AB1-SSA1-SA2,461,3 940.32 (1) (a) 8. Placing an object on or delivering an object to property owned, leased, or occupied by the victim.

AB1-SSA1-SA2, s. 657k Section 657k. 940.32 (1) (a) 9. of the statutes is created to read:

AB1-SSA1-SA2,461,8 940.32 (1) (a) 9. Delivering an object to a member of the victim's family or household or an employer, coworker, or friend of the victim or placing an object on, or delivering an object to, property owned, leased, or occupied by such a person with the intent that the object be delivered to the victim.

AB1-SSA1-SA2, s. 657m Section 657m. 940.32 (1) (a) 10. of the statutes is created to read:

AB1-SSA1-SA2,461,11 940.32 (1) (a) 10. Causing a person to engage in any of the acts described in subds. 7. to 9.

AB1-SSA1-SA2, s. 657n Section 657n. 940.32 (1) (am) of the statutes is created to read:

AB1-SSA1-SA2,461,13 940.32 (1) (am) "Domestic abuse" has the meaning given in s. 813.12 (1) (am).

AB1-SSA1-SA2, s. 657no Section 657no. 940.32 (1) (ap) of the statutes is created to read:

AB1-SSA1-SA2,461,16 940.32 (1) (ap) "Domestic abuse offense" means an act of domestic abuse that constitutes a crime.

AB1-SSA1-SA2, s. 657p Section 657p. 940.32 (1) (b) of the statutes is renumbered 940.32 (1) (cb) and amended to read:

AB1-SSA1-SA2,461,22 940.32 (1) (cb) "Immediate family" "Member of a family" means a spouse, parent, child, sibling, or any other person who regularly resides in the household or who within the prior 6 months regularly resided in the household who is related by blood or adoption to another.

AB1-SSA1-SA2, s. 657q Section 657q. 940.32 (1) (cd) of the statutes is created to read:

AB1-SSA1-SA2,462,3 940.32 (1) (cd) "Member of a household" means a person who regularly resides in the household of another or who within the previous 6 months regularly resided in the household of another.

AB1-SSA1-SA2, s. 657r Section 657r. 940.32 (1) (d) of the statutes is repealed.

AB1-SSA1-SA2, s. 657s Section 657s. 940.32 (2) (intro.) of the statutes is amended to read:

AB1-SSA1-SA2,462,7 940.32 (2) (intro.) Whoever meets all of the following criteria is guilty of a Class A misdemeanor E felony:".

AB1-SSA1-SA2,462,8 485. Page 248, line 20: delete lines 20 to 22 and substitute:

AB1-SSA1-SA2,462,10 " Section 658b. 940.32 (2) (intro.) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

AB1-SSA1-SA2,462,12 940.32 (2) (intro.) Whoever meets all of the following criteria is guilty of a Class E I felony:

AB1-SSA1-SA2, s. 658c Section 658c. 940.32 (2) (a) of the statutes is amended to read:

AB1-SSA1-SA2,462,18 940.32 (2) (a) The actor intentionally engages in a course of conduct directed at a specific person that would cause a reasonable person under the same circumstances to fear bodily injury to himself or herself or a member of his or her immediate family or to fear the death of himself or herself or a member of his or her immediate family or household.