Amendment ASA1-SB55

SB55-ASA1, s. 2171 Section 2171. 979.025 of the statutes is created to read:

SB55-ASA1,1274,6 979.025 Autopsy of correctional inmate. (1) Inmate confined to an institution in this state. If an individual dies while he or she is in the legal custody of the department and confined to a correctional facility located in this state, the coroner or medical examiner of the county where the death occurred shall perform an autopsy on the deceased individual. If the coroner or medical examiner who performs the autopsy determines that the individual's death may have been the result of any of the situations that would permit the district attorney to order an inquest under s. 979.04 (1), the coroner or medical examiner shall follow the procedures under s. 979.04 (2).

SB55-ASA1,1274,17 (2) Inmate confined in an institution in another state. If an individual dies while he or she is in the legal custody of the department and confined to a correctional facility in another state under a contract under s. 301.07, 301.21, or 302.25, the department shall have an autopsy performed by an appropriate authority in the other state or by the coroner or medical examiner of the county in which the circuit court is located that sentenced the individual to the custody of the department. If the coroner or medical examiner who performs the autopsy in this state determines that the individual's death may have been the result of any of the situations that would permit the district attorney to order an inquest under s. 979.04 (1), the coroner or medical examiner shall forward the results of the autopsy to the appropriate authority in the other state.

SB55-ASA1,1274,19 (3) Costs of an autopsy. The costs of an autopsy performed under sub. (1) or (2) shall be paid by the department.

SB55-ASA1, s. 4034b Section 4034b. 979.04 (1) of the statutes is amended to read:

SB55-ASA1,1275,11 979.04 (1) If the attorney general or district attorney has notice of the death of any person and there is reason to believe from the circumstances surrounding the death that felony murder, first-degree or 2nd-degree intentional homicide, first-degree or 2nd-degree reckless homicide, homicide by negligent handling of a dangerous weapon, explosives, or fire, homicide by negligent operation of a vehicle, homicide resulting from negligent control of a vicious animal , or homicide by intoxicated user of a vehicle or firearm may have been committed, or that death may have been due to suicide or unexplained or suspicious circumstances, the attorney general or district attorney may order that an inquest be conducted for the purpose of inquiring how the person died. The attorney general or district attorney shall appear in any such inquest representing the state in presenting all evidence which that may be relevant or material to the inquiry of the inquest. The inquest may be held in any county in this state in which venue would lie for the trial of any offense charged as the result of or involving the death. An inquest may only be ordered by the attorney general or district attorney under this subsection or by the circuit judge under sub. (2).

SB55-ASA1, s. 4034c Section 4034c. 979.04 (2) of the statutes is amended to read:

SB55-ASA1,1275,21 979.04 (2) If the coroner or medical examiner has knowledge of the death of any person in the manner described under sub. (1), he or she shall immediately notify the attorney general and district attorney. The notification shall include information concerning the circumstances surrounding the death. The coroner or medical examiner may request the attorney general and district attorney to order an inquest under sub. (1). If the attorney general and district attorney refuses refuse to order the inquest, a coroner or medical examiner may petition the circuit court to order an inquest. The court may issue the order if it finds that the attorney general or district attorney has abused his or her discretion in not ordering an inquest.

SB55-ASA1, s. 4034d Section 4034d. 979.04 (3) of the statutes is amended to read:

SB55-ASA1,1276,4 979.04 (3) Subsequent to receipt of notice of the death, the attorney general or district attorney may request the coroner or medical examiner to conduct a preliminary investigation and report back to the attorney general or district attorney. The attorney general or district attorney may determine the scope of the preliminary investigation. This subsection does not limit or prevent any other investigation into the death by any law enforcement agency with jurisdiction over the investigation.

SB55-ASA1, s. 4034f Section 4034f. 979.05 (2) of the statutes is amended to read:

SB55-ASA1,1276,22 979.05 (2) The inquest shall be conducted before a jury unless the attorney general, district attorney, coroner, or medical examiner requests that the inquest be conducted before only the judge or court commissioner only. If the inquest is to be conducted before a jury, a sufficient number of names of prospective jurors shall be selected from the prospective juror list for the county in which the inquest is to be held by the clerk of circuit court in the manner provided in s. 756.06. The judge or court commissioner conducting the inquest shall summon the prospective jurors to appear before the judge or court commissioner at the time fixed in the summons. The summons may be served by mail, or by personal service if the judge, court commissioner, attorney general, or district attorney determines personal service to be appropriate. The summons shall be in the form used to summon petit jurors in the circuit courts of the county. Any person who fails to appear when summoned as an inquest juror is subject to a forfeiture of not more than $40. The inquest jury shall consist of 6 jurors. If 6 jurors do not remain from the number originally summoned after establishment of qualifications, the judge or court commissioner conducting the inquest may require the clerk of the circuit court to select sufficient additional jurors' names. Those persons shall be summoned forthwith by the sheriff of the county.

SB55-ASA1, s. 4034g Section 4034g. 979.05 (3) of the statutes is amended to read:

SB55-ASA1,1277,12 979.05 (3) The judge or court commissioner shall examine on oath or affirmation each person who is called as a juror to discover whether the juror is related by blood, marriage, or adoption to the decedent, any member of the decedent's family, the attorney general, district attorney, any other attorney appearing in the case, or any members of the office of the attorney general, district attorney, or of the office of any other attorney appearing in the case,; has expressed or formed any opinion regarding the matters being inquired into in of the inquest; or is aware of or has any bias or prejudice concerning the matters being inquired into in of the inquest. If any prospective juror is found to be not indifferent or is found to have formed an opinion which that cannot be laid aside, that juror shall be excused. The judge or court commissioner may select one or more alternate jurors if the inquest is likely to be protracted. This subsection does not limit the right of the attorney general or district attorney to supplement the judge's or court commissioner's examination of any prospective jurors as to qualifications.

SB55-ASA1, s. 4034h Section 4034h. 979.05 (5) of the statutes is amended to read:

SB55-ASA1,1277,20 979.05 (5) Prior to the submission of evidence to the jury, the judge or court commissioner may instruct the jury on its duties and on the substantive law regarding the issues which may be inquired into before the jury. The attorney general or district attorney may, at any time during the course of the inquest, make statements to the jury relating to procedural or evidentiary matters that he or she and the judge or court commissioner deem appropriate. Section 972.12 applies to the conduct of the inquest jury.

SB55-ASA1, s. 4034j Section 4034j. 979.05 (6) of the statutes is amended to read:

SB55-ASA1,1277,24 979.05 (6) The judge or court commissioner conducting the inquest may order that proceedings be secret if the attorney general or district attorney so requests or concurs.

SB55-ASA1, s. 4034m Section 4034m. 979.06 (1) of the statutes is amended to read:

SB55-ASA1,1278,6 979.06 (1) The judge or court commissioner may issue subpoenas for witnesses at the request of the coroner or medical examiner and shall issue subpoenas for witnesses requested by the attorney general or district attorney. Subpoenas are returnable at the time and place stated therein. Persons who are served with a subpoena may be compelled to attend proceedings in the manner provided in s. 885.12.

SB55-ASA1, s. 4034n Section 4034n. 979.06 (2) of the statutes is amended to read:

SB55-ASA1,1278,15 979.06 (2) The judge or court commissioner conducting the inquest and the attorney general or district attorney may require by subpoena the attendance of one or more expert witnesses, including physicians, surgeons, and pathologists, for the purposes of conducting an examination of the body and all relevant and material scientific and medical tests connected with the examination and testifying as to the results of the examination and tests. The expert witnesses so subpoenaed shall receive reasonable fees determined by the attorney general or district attorney and the judge or court commissioner conducting the inquest.

SB55-ASA1, s. 4034p Section 4034p. 979.07 (1) (a) of the statutes is amended to read:

SB55-ASA1,1279,2 979.07 (1) (a) If a person refuses to testify or to produce books, papers, or documents when required to do so before an inquest for the reason that the testimony or evidence required of the person may tend to incriminate him or her or subject him or her to a forfeiture or penalty, the person may be compelled to testify or produce the evidence by order of the circuit court of the county in which the inquest is convened on motion of the attorney general or district attorney. A person who testifies or produces evidence in obedience to the command of the court in that case is not subject to any forfeiture or penalty for or on account of testifying or producing evidence, except the person is subject to prosecution and punishment for perjury or false swearing committed in so testifying.

SB55-ASA1, s. 4034r Section 4034r. 979.08 (1) of the statutes is amended to read:

SB55-ASA1,1279,12 979.08 (1) When the evidence is concluded and the testimony closed, the judge or court commissioner shall instruct the jury on its duties and on the substantive law regarding the issues inquired into before the jury. The attorney general or district attorney shall prepare a written set of appropriate requested instructions and shall submit them to the judge or court commissioner who, together with the attorney general or district attorney, shall compile the final set of instructions which that shall be given. The instructions shall include those criminal offenses for which the judge or court commissioner believes a reasonable jury might return a verdict based upon a finding of probable cause.

SB55-ASA1, s. 4034t Section 4034t. 979.08 (5) of the statutes is amended to read:

SB55-ASA1,1279,16 979.08 (5) The verdict delivered by the inquest jury is advisory and does not preclude or require the issuance of any criminal charges by the attorney general or district attorney.

SB55-ASA1, s. 4034u Section 4034u. 979.08 (6) of the statutes is amended to read:

SB55-ASA1,1279,23 979.08 (6) Any verdict so rendered, after being validated and signed by the judge or court commissioner, together with the record of the inquest, shall be delivered to the attorney general or district attorney for consideration. After considering the verdict and record, the attorney general or district attorney may deliver the entire inquest record or any part thereof to the coroner or medical examiner for safekeeping.

SB55-ASA1, s. 4034v Section 4034v. 979.09 of the statutes is amended to read:

SB55-ASA1,1280,12 979.09 Burial of body. If any judge or court commissioner conducts an inquest as to the death of a stranger or of a person whose identity is unknown or whose body is unclaimed, or if the attorney general or district attorney determines that no inquest into the death of such a person is necessary and the circuit judge has not ordered an inquest under s. 979.04 (2), the coroner or medical examiner shall cause the body to be decently buried or cremated and shall certify to all the charges incurred in taking any inquest by him or her and to the expenses of burial or cremation of the dead body. The If the district attorney or circuit court ordered the inquest, charges and expenses shall be audited by the county board of the proper county and paid out of the county treasury. If the attorney general ordered the inquest, charges and expenses, except as provided under s. 979.11, shall be audited and paid by the department of justice.

SB55-ASA1, s. 4034w Section 4034w. 979.10 (2) of the statutes is amended to read:

SB55-ASA1,1280,24 979.10 (2) If a corpse is to be cremated, the coroner or medical examiner shall make a careful personal inquiry into the cause and manner of death, and conduct an autopsy or order the conducting of an autopsy, if in his or her or the attorney general's or district attorney's opinion it is necessary to determine the cause and manner of death. If the coroner or medical examiner determines that no further examination or judicial inquiry is necessary he or she shall certify that fact. Upon written request by the attorney general or district attorney the coroner or medical examiner shall obtain the concurrence of the attorney general or district attorney before issuing the certification. If the coroner or medical examiner determines that further examination or judicial inquiry is necessary, he or she shall notify the attorney general and district attorney under s. 979.04 (2).

SB55-ASA1, s. 4034y Section 4034y. 979.11 of the statutes is amended to read:

SB55-ASA1,1281,9 979.11 Compensation of officers. The sole compensation of the coroner and deputy coroners for attendance at an inquest and for any preliminary investigation under this chapter at the direction of the attorney general or district attorney shall be a reasonable sum set by the county board for each day actually and necessarily required for the purpose, and a sum set by the county board for each mile actually and necessarily traveled in performing the duty. Any coroner or deputy coroner may be paid an annual salary and allowance for traveling expenses to be established by the county board under s. 59.22 which shall be in lieu of all fees, per diem and compensation for services rendered.

SB55-ASA1, s. 4034ym Section 4034ym. 980.08 (5m) of the statutes is created to read:

SB55-ASA1,1281,11 980.08 (5m) (a) In this subsection:

SB55-ASA1,1281,13 1. "Building complex" means a group of contiguous buildings under common ownership.

SB55-ASA1,1281,15 2. "Sex offender registrant" means a person on probation, parole, or extended supervision who is required to register as a sex offender under s. 301.45.

SB55-ASA1,1281,22 (b) The department or a county may not place a person who is on supervised release in a residential building or building complex that is within 2,500 feet of another residential building or building complex in which a sex offender registrant or another person on supervised release is placed. This subsection does not prohibit the department or county from placing a person who is on supervised release in the same residential building or building complex in which a sex offender registrant or another person on supervised release is placed.

SB55-ASA1, s. 4034z Section 4034z. 992.14 of the statutes is created to read:

SB55-ASA1,1282,6 992.14 Revenue limit agreement. Notwithstanding s. 121.91, if a school district held a referendum before February 5, 2001, to exceed its revenue limit under s. 121.91 (2m) (e), and the resolution adopted by the school board and referred to in the question submitted to the electors specified a mill rate to be used to calculate the revenue limit increase, the amount by which the school district's revenue limit is increased as a result of the referendum for each year specified in the referendum is the dollar amount agreed to by the department of public instruction and the school board of that school district.

SB55-ASA1, s. 2172 Section 2172. 1997 Wisconsin Act 4, section 4 (1) (a), as last affected by 1999 Wisconsin Act 9, section 3261, is amended to read:

SB55-ASA1,1282,16 [1997 Wisconsin Act 4] Section 4 (1) (a) Notwithstanding 1995 Wisconsin Act 27, section 9126 (23) and (26v), the department of corrections may, from July 1, 1997, until July 1, 2001 2003, operate the secured correctional facility, as defined in section 938.02 (15m) of the statutes, authorized under 1995 Wisconsin Act 27, section 9126 (26v), as a state prison named in section 302.01 of the statutes, as affected by this act, for the placement of prisoners, as defined in section 301.01 (2) of the statutes, who are not more than 21 years of age and who are not violent offenders, as determined by the department of corrections.

SB55-ASA1, s. 2173 Section 2173. 1997 Wisconsin Act 27, section 1622d is repealed.

SB55-ASA1, s. 2174 Section 2174. 1997 Wisconsin Act 27, section 1623d is repealed.

SB55-ASA1, s. 2175 Section 2175. 1997 Wisconsin Act 27, section 1624d is repealed.

SB55-ASA1, s. 4039b Section 4039b. 1997 Wisconsin Act 27, section 9101 (11m) is amended to read:

SB55-ASA1,1283,2 [1997 Wisconsin Act 27] Section 9101 (11m) Report by land information board and Wisconsin land council. No later than September 1, 2002 2006, the land information board and Wisconsin land council shall report to the legislature in the manner provided under section 13.172 (2) of the statutes and to the governor concerning the issue of continuation of their functions, including the feasibility of combination of their functions.

SB55-ASA1, s. 4039p Section 4039p. 1997 Wisconsin Act 27, section 9123 (6) is repealed.

SB55-ASA1, s. 4039q Section 4039q. 1997 Wisconsin Act 27, section 9123 (6m) is repealed.

SB55-ASA1, s. 4039r Section 4039r. 1997 Wisconsin Act 27, section 9123 (10g) is repealed.

SB55-ASA1, s. 2176 Section 2176. 1997 Wisconsin Act 27, section 9423 (10f) is repealed.

SB55-ASA1, s. 4041b Section 4041b. 1997 Wisconsin Act 27, section 9456 (3m) is amended to read:

SB55-ASA1,1283,16 [1997 Wisconsin Act 27] Section 9456 (3m) Elimination of land information board and Wisconsin land council. The treatment of sections 15.07 (1) (b) 16., 15.105 (16), 16.968 (by Section 142am), 20.505 (1) (title) (by Section 666h), 20.505 (1) (ka) (by Section 669am), 23.27 (3) (a) (by Section 769ad), 23.325 (1) (a), 36.09 (1) (e), 36.25 (12m) (intro.), 59.43 (2) (ag) 1. and (e), 59.72 (1) (a) and (b), (3) (intro.), (a) and (b) and (5) and 92.10 (4) (a) of the statutes, the repeal of sections 16.966 (1), (2) and, (4) and (5), 16.967, 20.505 (1) (ie), (ig), (ij) and (ks), 23.32 (2) (d), 59.43 (1) (u) and 59.72 (1) (am), (3) (c) and (4) of the statutes and Section 9101 (1) of this act take effect on September 1, 2003 2007.

SB55-ASA1, s. 4041m Section 4041m. 1997 Wisconsin Act 237, section 82er is repealed.

SB55-ASA1, s. 4041n Section 4041n. 1997 Wisconsin Act 237, section 9452 is repealed.

SB55-ASA1, s. 2177 Section 2177. 1997 Wisconsin Act 252, section 51 is repealed.

SB55-ASA1, s. 2178 Section 2178. 1997 Wisconsin Act 252, section 53 is repealed.

SB55-ASA1, s. 2179 Section 2179. 1997 Wisconsin Act 252, section 201 (1) is repealed.

SB55-ASA1, s. 2180 Section 2180. 1999 Wisconsin Act 9, section 11ac is repealed.

SB55-ASA1, s. 2181 Section 2181. 1999 Wisconsin Act 9, section 593ac is repealed.

SB55-ASA1, s. 4046g Section 4046g. 1999 Wisconsin Act 9, section 1278t is repealed.

SB55-ASA1, s. 4046j Section 4046j. 1999 Wisconsin Act 9, section 9123 (3) (a) is amended to read:

SB55-ASA1,1284,12 [1999 Wisconsin Act 9] Section 9123 (3) (a) From the appropriations under section 20.435 (6) (a) of the statutes, as affected by this act, and section 20.435 (6) (n) appropriation account under section 20.435 (7) (md) of the statutes, the department of health and family services shall expend up to $398,000 in state fiscal year 2001-02 and up to $38,000 in state fiscal year 2002-03 to contract with counties or federally recognized American Indian tribes or bands to provide up to 4 demonstration projects in state fiscal year 2000-01, except that the department is not precluded from also awarding funds for this purpose under section 46.54 of the statutes, as affected by this act. The demonstration projects shall be to provide mental health and alcohol or other drug abuse services under managed care programs to persons who suffer from mental illness, alcohol or other drug dependency, or both mental illness and alcohol or other drug dependency.

SB55-ASA1, s. 4046m Section 4046m. 1999 Wisconsin Act 9, section 9136 (10) is repealed.

SB55-ASA1, s. 2182 Section 2182. 1999 Wisconsin Act 9, section 9201 (2m) is repealed.

SB55-ASA1, s. 2183 Section 2183. 1999 Wisconsin Act 9, section 9201 (2n) is repealed.

SB55-ASA1, s. 2184 Section 2184. 1999 Wisconsin Act 9, section 9201 (2p) is repealed.

SB55-ASA1, s. 2185 Section 2185. 1999 Wisconsin Act 9, section 9211 (title) and (2g) are repealed.

SB55-ASA1, s. 2186 Section 2186. 1999 Wisconsin Act 9, section 9230 (title) and (1) are repealed.

SB55-ASA1, s. 2187 Section 2187. 1999 Wisconsin Act 9, section 9230 (2m) is repealed.

SB55-ASA1, s. 2188 Section 2188. 1999 Wisconsin Act 9, section 9230 (3m) is repealed.

SB55-ASA1, s. 2189 Section 2189. 1999 Wisconsin Act 9, section 9238 (title) and (1h) are repealed.

SB55-ASA1, s. 2190 Section 2190. 1999 Wisconsin Act 9, section 9239 (title) and (1h) are repealed.

SB55-ASA1, s. 2191 Section 2191. 1999 Wisconsin Act 9, section 9239 (2h) is repealed.

SB55-ASA1, s. 2192 Section 2192. 1999 Wisconsin Act 9, section 9357 (3) is amended to read:

SB55-ASA1,1285,5 [1999 Wisconsin Act 9] Section 9357 (3) Assignment of receiving and disbursing fees. The treatment of sections 767.265 (1), (2h) (by Section 3059) and (2r) and 767.29 (1) (d) (intro.), 1. and 2. of the statutes and the amendment of section 767.265 (1m) of the statutes first apply applies to annual receiving and disbursing fees that are ordered on the effective date of this subsection.

SB55-ASA1, s. 4059b Section 4059b. 1999 Wisconsin Act 9, section 9401 (2zt) is amended to read:

SB55-ASA1,1285,9 [1999 Wisconsin Act 9] Section 9401 (2zt) Wisconsin land council. The treatment of section 20.505 (1) (ka) (by Section 519) of the statutes takes effect on September 1, 2003 2007.

SB55-ASA1, s. 4059g Section 4059g. 1999 Wisconsin Act 9, section 9401 (2zu) is amended to read:

SB55-ASA1,1285,15 [1999 Wisconsin Act 9] Section 9401 (2zu) Soil surveys and mapping. The repeal of sections 16.967 (11) and 20.505 (1) (ik) and of the statutes, the treatment of sections 15.01 (4) (by Section 12n) and 227.01 (1) (by Section 2353n) of the statutes and the repeal of section 16.965 (3) and (5) of the statutes take effect on September1, 2003 2007.

SB55-ASA1, s. 2193 Section 2193. 1999 Wisconsin Act 9, section 9421 (1x) is amended to read:

SB55-ASA1,1285,20 [1999 Wisconsin Act] Section 9421 (1x) Assistance from department of workforce development. The treatment of section 20.445 (3) (mc) (by Section 474ac) of the statutes and the repeal of sections 14.18 and 20.525 (1) (kb) of the statutes take takes effect on January 6, 2003.

SB55-ASA1, s. 4060d Section 4060d. 1999 Wisconsin Act 9, section 9423 (14g) is repealed.

SB55-ASA1, s. 4060fm Section 4060fm. 1999 Wisconsin Act 42, sections 18 and 27 are repealed.

SB55-ASA1, s. 4060gg Section 4060gg. 1999 Wisconsin Act 109, section 17 is repealed.

SB55-ASA1, s. 4060gj Section 4060gj. 1999 Wisconsin Act 109, section 26 is repealed.