Amendment ASA1-SB55

SB55-ASA1, s. 2036 Section 2036. 885.37 (4) (b) of the statutes is amended to read:

SB55-ASA1,1214,11 885.37 (4) (b) The necessary expense of furnishing an a qualified interpreter for an indigent party under sub. (3) shall be paid by the unit of government for which the proceeding is held.

SB55-ASA1, s. 2037 Section 2037. 885.37 (5) (a) of the statutes is amended to read:

SB55-ASA1,1214,15 885.37 (5) (a) If a court under sub. (1) (1m) or (2) or an agency under sub. (3) decides to appoint an interpreter, the court or agency shall follow the applicable procedure under par. (b) or (c).

SB55-ASA1, s. 2038 Section 2038. 885.37 (6) to (10) of the statutes are created to read:

SB55-ASA1,1214,19 885.37 (6) (a) If a person with limited English proficiency requests the assistance of the clerk of circuit courts regarding a legal proceeding, the clerk may provide the assistance of a qualified interpreter to respond to the person's inquiry.

SB55-ASA1,1214,23 (b) A qualified interpreter appointed under this section may, with the approval of the court, provide interpreter services outside the court room that are related to the court proceedings, including during court-ordered psychiatric or medical exams or mediation.

SB55-ASA1,1215,2 (7) (a) A person with limited English proficiency may waive the right to a qualified interpreter at any point in the court proceeding if the court advises the person of the nature and effect of the waiver and determines on the record that the waiver has been made knowingly, intelligently, and voluntarily.

SB55-ASA1,1215,5 (b) At any point in the court proceeding, for good cause, the person with limited English proficiency may retract his or her waiver and request that a qualified interpreter be appointed.

SB55-ASA1,1215,8 (c) Any party to a court proceeding may object to the use of any qualified interpreter for good cause. The court may remove a qualified interpreter for good cause.

SB55-ASA1,1215,12 (8) Every qualified interpreter, before commencing his or her duties in a court proceeding, shall take a sworn oath that he or she will make a true and impartial interpretation. The supreme court may approve a uniform oath for qualified interpreters.

SB55-ASA1,1215,15 (9) The delay resulting from the need to locate and appoint a qualified interpreter may constitute good cause for the court to toll the time limitations in the court proceeding.

SB55-ASA1, s. 3862c Section 3862c. 891.45 of the statutes is renumbered 891.45 (2) and amended to read:

SB55-ASA1,1216,6 891.45 (2) In any proceeding involving the application by a state, county, or municipal fire fighter or his or her beneficiary for disability or death benefits under s. 66.191, 1981 stats., or s. 40.65 (2) or any pension or retirement system applicable to fire fighters, where at the time of death or filing of application for disability benefits the deceased or disabled municipal fire fighter had served a total of 5 years as a state, county, or municipal fire fighter and a qualifying medical examination given prior to the time of his or her joining the department becoming a state, county, or municipal fire fighter showed no evidence of heart or respiratory impairment or disease, and where the disability or death is found to be caused by heart or respiratory impairment or disease, such finding shall be presumptive evidence that such impairment or disease was caused by such employment. In this section, "municipal fire fighter" includes any person designated as primarily a fire fighter under s. 61.66 (2) and any person under s. 61.66 whose duties as a fire fighter during the 5-year qualifying period took up at least two-thirds of his or her working hours.

SB55-ASA1, s. 3862h Section 3862h. 891.45 (1) of the statutes is created to read:

SB55-ASA1,1216,8 891.45 (1) In this section:

SB55-ASA1,1216,10 (a) "County fire fighter" means any person employed by a county whose duties primarily include active fire suppression or prevention.

SB55-ASA1,1216,14 (b) "Municipal fire fighter" includes any person designated as primarily a fire fighter under s. 61.66 (2) and any person under s. 61.66 whose duties as a fire fighter during the 5-year qualifying period took up at least two-thirds of his or her working hours.

SB55-ASA1,1216,17 (c) "State fire fighter" means any person employed by the state whose duties primarily include active fire suppression or prevention and who is a protective occupation participant, as defined in s. 40.02 (48).

SB55-ASA1, s. 3862p Section 3862p. 891.455 (1) of the statutes is amended to read:

SB55-ASA1,1216,22 891.455 (1) In this section, "state, county, or municipal fire fighter" means a municipal fire fighter who is covered under s. 891.45 and any person under s. 61.66 whose duties as a fire fighter during the 10-year qualifying period specified in sub. (2) took up at least two-thirds of his or her working hours.

SB55-ASA1, s. 3862t Section 3862t. 891.455 (2) of the statutes is amended to read:

SB55-ASA1,1217,10 891.455 (2) Beginning with applications submitted by a municipal fire fighter or his or her beneficiary on May 12, 1998, in In any proceeding involving an application by a state, county, or municipal fire fighter or his or her beneficiary for disability or death benefits under s. 66.191, 1981 stats., or s. 40.65 (2) or any pension or retirement system applicable to fire fighters, where at the time of death or filing of application for disability benefits the deceased or disabled municipal fire fighter had served a total of 10 years as a state, county, or municipal fire fighter and a qualifying medical examination given prior to the time of his or her joining the department becoming a state, county, or municipal fire fighter showed no evidence of cancer, and where the disability or death is found to be caused by cancer, such finding shall be presumptive evidence that the cancer was caused by such employment.

SB55-ASA1, s. 3862w Section 3862w. 893.335 of the statutes is created to read:

SB55-ASA1,1217,13 893.335 Actions concerning property development rights. (1) In this section:

SB55-ASA1,1217,16 (a) "Nonprofit organization" means an organization defined in s. 94.10 (1) (b) that has jointly pursued or is currently pursuing the acquisition of property development rights with the state, a state agency, or a political subdivision.

SB55-ASA1,1217,18 (b) "Political subdivision" means a city, village, town, or county, or a department, division board, or other agency of a city, village, town, or county.

SB55-ASA1,1218,2 (c) "Property development rights" means the holder's nonpossessory interest in real property imposing any limitation or affirmative obligation the purpose of which may include retaining or protecting natural, scenic, or open space values of real property, assuring the availability of real property for agricultural, forest, recreational, or open space use, protecting natural resources, maintaining or enhancing air or water quality, preserving a burial site, as defined in s. 157.70 (1) (b), or preserving the historical, architectural, archaeological, or cultural aspects of real property.

SB55-ASA1,1218,5 (d) "Value" means the amount paid for comparable property development rights in an arm's-length sale completed within 12 months before the sale in question.

SB55-ASA1,1218,10 (2) (a) A person who sells the property development rights for a period of 30 years or longer in real property or his or her heir or devisee shall bring an action within 3 years after the sale of the property development rights to recover the difference between the value of the property development rights and the sale price of those rights or be barred.

SB55-ASA1,1218,12 (b) A person may bring an action under this subsection only if all of the following conditions are met:

SB55-ASA1,1218,14 1. The purchaser is a nonprofit organization, the state, an agency of the state, or a political subdivision.

SB55-ASA1,1218,16 2. The amount paid for the property development rights was at least 5% below the value of the property development rights.

SB55-ASA1,1218,18 (c) If the transfer of the property development rights involved a gift, a person may only recover for the portion of the transfer that was not a gift.

SB55-ASA1,1218,20 (3) The person who has the right to bring an action under sub. (2) may request that the department of justice bring the action on behalf of the person.

SB55-ASA1,1218,25 (4) If the person under sub. (2) or the department of justice under sub. (3) is successful in obtaining a judgment under this section, the court shall include in the judgment compounded interest from the date that the property was sold, using the interest rate charged for delinquent property taxes by the county in which the property is located.

SB55-ASA1, s. 3862x Section 3862x. 893.587 of the statutes is amended to read:

SB55-ASA1,1219,8 893.587 Incest Sexual assault of a child; limitation. An action to recover damages for injury caused by incest an act that would constitute a violation of s. 948.02, 948.025, 948.06, or 948.095 shall be commenced within 2 5 years after the plaintiff discovers the fact and the probable cause, or with the exercise of reasonable diligence should have discovered the fact and the probable cause, of the injury, whichever occurs first. This section does not shorten the period to commence an action provided under s. 893.16 (1).

SB55-ASA1, s. 2039 Section 2039. 895.11 of the statutes is created to read:

SB55-ASA1,1219,12 895.11 Payments under the tobacco settlement agreement. (1) In this section, "tobacco settlement agreement" means the Attorneys General Master Tobacco Settlement Agreement of November 23, 1998.

SB55-ASA1,1219,13 (2) The state's participation in the tobacco settlement agreement is affirmed.

SB55-ASA1,1219,20 (3) All payments received and to be received by the state under the tobacco settlement agreement are the property of the state, to be used as provided by law, including a sale, assignment, or transfer of the right to receive the payments under s. 16.63. No political subdivision of the state, and no officer or agent of any political subdivision of the state, shall have or seek to maintain any claim related to the tobacco settlement agreement or any claim against any party that was released from liability by the state under the tobacco settlement agreement.

SB55-ASA1, s. 2040 Section 2040. 895.483 (title) of the statutes is amended to read:

SB55-ASA1,1219,23 895.483 (title) Civil liability exemption; regional and county local emergency response teams and their sponsoring agencies.

SB55-ASA1, s. 2041 Section 2041. 895.483 (2) of the statutes is amended to read:

SB55-ASA1,1220,4 895.483 (2) A county local emergency response team, a member of such a team and the county, city, village, or town that contracts to provide the emergency response team to the county are immune from civil liability for acts or omissions related to carrying out responsibilities pursuant to a designation under s. 166.21 (2m) (e).

SB55-ASA1, s. 2042 Section 2042. 905.015 of the statutes is amended to read:

SB55-ASA1,1220,15 905.015 Interpreters for persons with language difficulties, limited English proficiency, or hearing or speaking impairments. If an interpreter for a person with a language difficulty, limited English proficiency, as defined in s. 885.37 (1g), or a hearing or speaking impairment interprets as an aid to a communication which is privileged by statute, rules adopted by the supreme court, or the U.S. or state constitution, the interpreter may be prevented from disclosing the communication by any person who has a right to claim the privilege. The interpreter may claim the privilege but only on behalf of the person who has the right. The authority of the interpreter to do so is presumed in the absence of evidence to the contrary.

SB55-ASA1, s. 2043 Section 2043. 908.08 (1) of the statutes is amended to read:

SB55-ASA1,1220,21 908.08 (1) In any criminal trial or hearing, juvenile fact-finding hearing under s. 48.31 or 938.31 or revocation hearing under s. 302.113 (9) (am), 302.114 (9) (am), 304.06 (3), or 973.10 (2), the court or hearing examiner may admit into evidence the videotaped oral statement of a child who is available to testify, as provided in this section.

SB55-ASA1, s. 2044 Section 2044. 938.183 (3) of the statutes is amended to read:

SB55-ASA1,1221,7 938.183 (3) Except as provided in s. 973.013 (3m), the department shall place a juvenile under 15 years of age who is subject to a criminal penalty under sub. (1m) or (2) in a secured correctional facility or a secured child caring institution. When a juvenile who is subject to a criminal penalty under sub. (1m) or (2) attains the age of 17 15 years, the department may place the juvenile in a state prison named in s. 302.01. If a juvenile who is subject to a criminal penalty under sub. (1m) or (2) is 15 years of age or over, the department may transfer the juvenile to the Racine youthful offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d). A juvenile who is subject to a criminal penalty under sub. (1m) or (2) for an act committed before December 31, 1999, is eligible for parole under s. 304.06.

SB55-ASA1, s. 2045 Section 2045. 938.185 (2) of the statutes is amended to read:

SB55-ASA1,1221,14 938.185 (2) Venue for any proceeding under s. 938.363 or, 938.365, or 938.538 (4m) (a) 2. shall be in the county where the dispositional order was issued, unless the juvenile's county of residence has changed, or the parent of the juvenile has resided in a different county of this state for 6 months. In either case, the court may, upon a motion and for good cause shown, transfer the case, along with all appropriate records, to the county of residence of the juvenile or parent.

SB55-ASA1, s. 2046 Section 2046. 938.19 (1) (d) 6. of the statutes is amended to read:

SB55-ASA1,1221,20 938.19 (1) (d) 6. The juvenile has violated the terms a condition of court-ordered supervision or aftercare supervision administered by the department or a county department, a condition of the juvenile's placement in a Type 2 secured correctional facility or a Type 2 child caring institution, or a condition of the juvenile's participation in the intensive supervision program under s. 938.534.

SB55-ASA1, s. 2047 Section 2047. 938.20 (2) (cm) of the statutes is amended to read:

SB55-ASA1,1222,3 938.20 (2) (cm) If the juvenile has violated the terms a condition of aftercare supervision administered by the department or a county department, a condition of the juvenile's placement in a Type 2 secured correctional facility or a Type 2 child caring institution, or a condition of the juvenile's participation in the intensive supervision program under s. 938.534, the person who took the juvenile into custody may release the juvenile to the department or county department, whichever has aftercare supervision over the juvenile.

SB55-ASA1, s. 2048 Section 2048. 938.20 (7) (c) 1m. of the statutes is amended to read:

SB55-ASA1,1222,11 938.20 (7) (c) 1m. In the case of a juvenile who has violated the terms a condition of aftercare supervision administered by the department or a county department, a condition of the juvenile's placement in a Type 2 secured correctional facility or a Type 2 child caring institution, or a condition of the juvenile's participation in the intensive supervision program under s. 938.534, to the department or county department, whichever has aftercare supervision of the juvenile.

SB55-ASA1, s. 2049 Section 2049. 938.20 (8) of the statutes is amended to read:

SB55-ASA1,1223,8 938.20 (8) If a juvenile is held in custody, the intake worker shall notify the juvenile's parent, guardian, and legal custodian of the reasons for holding the juvenile in custody and of the juvenile's whereabouts unless there is reason to believe that notice would present imminent danger to the juvenile. If a juvenile who has violated the terms a condition of aftercare supervision administered by the department or a county department, a condition of the juvenile's placement in a Type 2 secured correctional facility or a Type 2 child caring institution, or a condition of the juvenile's participation in the intensive supervision program under s. 938.534 is held in custody, the intake worker shall also notify the department or county department, whichever has supervision over the juvenile, of the reasons for holding the juvenile in custody, of the juvenile's whereabouts, and of the time and place of the detention hearing required under s. 938.21. The parent, guardian, and legal custodian shall also be notified of the time and place of the detention hearing required under s. 938.21, the nature and possible consequences of that hearing, and the right to present and cross-examine witnesses at the hearing. If the parent, guardian, or legal custodian is not immediately available, the intake worker or another person designated by the court shall provide notice as soon as possible. When the juvenile is alleged to have committed a delinquent act, the juvenile shall receive the same notice about the detention hearing as the parent, guardian, or legal custodian. The intake worker shall notify both the juvenile and the juvenile's parent, guardian, or legal custodian.

SB55-ASA1, s. 2050 Section 2050. 938.205 (1) (c) of the statutes is amended to read:

SB55-ASA1,1223,16 938.205 (1) (c) That the juvenile will run away or be taken away so as to be unavailable for proceedings of the court or its officers or , proceedings of the division of hearings and appeals in the department of administration for revocation of aftercare supervision, or action by the department or county department relating to a violation of a condition of the juvenile's placement in a Type 2 secured correctional facility or a Type 2 child caring institution or a condition of the juvenile's participation in the intensive supervision program under s. 938.534.

SB55-ASA1, s. 2051 Section 2051. 938.208 (1) (intro.) of the statutes is amended to read:

SB55-ASA1,1224,4 938.208 (1) (intro.) Probable cause exists to believe that the juvenile has committed a delinquent act and either presents a substantial risk of physical harm to another person or a substantial risk of running away so as to be unavailable for a court hearing or, a revocation hearing for juveniles on of aftercare supervision hearing, or action by the department or county department relating to a violation of a condition of the juvenile's placement in a Type 2 secured correctional facility or a Type 2 child caring institution or a condition of the juvenile's participation in the intensive supervision program under s. 938.534. For juveniles who have been adjudged delinquent, the delinquent act referred to in this section may be the act for which the juvenile was adjudged delinquent. If the intake worker determines that any of the following conditions applies, the juvenile is considered to present a substantial risk of physical harm to another person:

SB55-ASA1, s. 2052 Section 2052. 938.315 (1) (h) of the statutes is created to read:

SB55-ASA1,1224,7 938.315 (1) (h) Any period of delay resulting from the need to appoint a qualified interpreter.

SB55-ASA1, s. 2053 Section 2053. 938.355 (6d) (a) 4. of the statutes is created to read:

SB55-ASA1,1224,11 938.355 (6d) (a) 4. Subject to par. (d), subds. 1. and 2. do not preclude a juvenile who has been adjudged delinquent and who has violated a condition specified in sub. (2) (b) 7. from being taken into and held in custody under ss. 938.19 to 938.21.

SB55-ASA1, s. 2054 Section 2054. 938.355 (6d) (b) 4. of the statutes is created to read:

SB55-ASA1,1224,15 938.355 (6d) (b) 4. Subject to par. (d), subds. 1. and 2. do not preclude a juvenile who has violated a condition of aftercare supervision administered by a county department from being taken into and held in custody under ss. 938.19 to 938.21.

SB55-ASA1, s. 2055 Section 2055. 938.355 (6d) (c) 4. of the statutes is created to read:

SB55-ASA1,1224,20 938.355 (6d) (c) 4. Subject to par. (d), subds. 1. and 2. do not preclude a juvenile who has been found to be in need of protection or services and who has violated a condition specified in sub. (2) (b) 7. from being taken into and held in custody under ss. 938.19 to 938.21.

SB55-ASA1, s. 2056 Section 2056. 938.357 (4) (b) 2. of the statutes is amended to read:

SB55-ASA1,1225,12 938.357 (4) (b) 2. If a juvenile whom the court has placed in a Type 2 child caring institution under s. 938.34 (4d) violates a condition of his or her placement in the Type 2 child caring institution, the child welfare agency operating the Type 2 child caring institution shall notify the county department that has supervision over the juvenile and, if the county department agrees to a change in placement under this subdivision, the child welfare agency shall notify the department and the department, after consulting with the child welfare agency, may place the juvenile in a Type 1 secured correctional facility under the supervision of the department, without a hearing under sub. (1), for not more than 10 days. If a juvenile is placed in a Type 1 secured correctional facility under this subdivision, the county department that has supervision over the juvenile shall reimburse the child welfare agency operating the Type 2 child caring institution in which the juvenile was placed at the rate established under s. 46.037, and that child welfare agency shall reimburse the department at the rate specified in s. 301.26 (4) (d) 2., 3. or 4. or 3., whichever is applicable, for the cost of the juvenile's care while placed in a Type 1 secured correctional facility.

SB55-ASA1, s. 2057 Section 2057. 938.357 (4) (d) of the statutes is repealed.

SB55-ASA1, s. 2058 Section 2058. 938.532 (1) of the statutes is amended to read:

SB55-ASA1,1225,18 938.532 (1) Program. From the appropriations appropriation under s. 20.410 (3) (bb) and (hm), the department shall provide a juvenile boot camp program for juveniles who have been placed under the supervision of the department under s. 938.183, 938.34 (4h) or (4m), or 938.357 (4).

SB55-ASA1, s. 2059 Section 2059. 938.533 (2) of the statutes is amended to read:

SB55-ASA1,1226,20 938.533 (2) Corrective sanctions program. From the appropriation under s. 20.410 (3) (hr), the department shall provide a corrective sanctions program to serve an average daily population of 136 juveniles, or an average daily population of more than 136 juveniles if the appropriation under s. 20.410 (3) (hr) is supplemented under s. 13.101 or 16.515 and the positions for the program are increased under s. 13.101 or 16.505 (2) or if funding and positions to serve more than that average daily population are otherwise available, in not less than 3 counties, including Milwaukee County. The office of juvenile offender review in the department shall evaluate and select for participation in the program juveniles who have been placed under the supervision of the department under s. 938.183, 938.34 (4h) or (4m) , or 938.357 (4). The department shall place a program participant in the community, provide intensive surveillance of that participant, and provide an average of not more than $3,000 per year per slot to purchase community-based treatment services for each participant. The department shall make the intensive surveillance required under this subsection available 24 hours a day, 7 days a week, and may purchase or provide electronic monitoring for the intensive surveillance of program participants. The department shall provide a report center in Milwaukee County to provide on-site programming after school and in the evening for juveniles from Milwaukee County who are placed in the corrective sanctions program. A contact worker providing services under the program shall have a case load of approximately 10 juveniles and, during the initial phase of placement in the community under the program of a juvenile who is assigned to that contact worker, shall have not less than one face-to-face contact per day with that juvenile. Case management services under the program shall be provided by a corrective sanctions agent who shall have a case load of approximately 15 juveniles. The department shall promulgate rules to implement the program.

SB55-ASA1, s. 2060 Section 2060. 938.533 (3) (a) of the statutes is amended to read:

SB55-ASA1,1227,7 938.533 (3) (a) A participant in the corrective sanctions program remains under the supervision of the department, remains subject to the rules and discipline of that department, and is considered to be in custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 938.19 to 938.21, if a juvenile violates a condition of that juvenile's participation in the corrective sanctions program the department may, without a hearing, take the juvenile into custody and place the juvenile in a secured detention facility or return the juvenile to placement in a Type 1 secured correctional facility or a secured child caring institution. This paragraph does not preclude a juvenile who has violated a condition of the juvenile's participation in the corrective sanctions program from being taken into and held in custody under ss. 938.19 to 938.21.

SB55-ASA1, s. 2061 Section 2061. 938.534 (1) (b) 3m. of the statutes is created to read:

SB55-ASA1,1227,11 938.534 (1) (b) 3m. Subject to par. (d), subds. 1. and 2. do not preclude a juvenile who has violated a condition of the juvenile's participation in the program from being taken into and held in custody under ss. 938.19 to 938.21.

SB55-ASA1, s. 2062 Section 2062. 938.538 (3) (a) 1. of the statutes is amended to read:

SB55-ASA1,1227,17 938.538 (3) (a) 1. Subject to subd. 1m., placement in a Type 1 secured correctional facility, or a secured child caring institution or, if the participant is 17 years of age or over or 15 years of age or over and transferred under s. 938.357 (4) (d), a Type 1 prison, as defined in s. 301.01 (5), for a period of not more than 3 years, unless that period is extended under sub. (4m) (a) 1. or 2. or both.

SB55-ASA1, s. 2063 Section 2063. 938.538 (3) (a) 1m. of the statutes is amended to read:

SB55-ASA1,1227,25 938.538 (3) (a) 1m. If the participant has been adjudicated delinquent for committing an act that would be a Class A felony if committed by an adult, placement in a Type 1 secured correctional facility, or a secured child caring institution or, if the participant is 17 years of age or over or 15 years of age or over and transferred under s. 938.357 (4) (d), a Type 1 prison, as defined in s. 301.01 (5), until the participant reaches 25 years of age, unless the participant is released sooner, subject to a mandatory minimum period of confinement of not less than one year.