Amendment CA1-SSA1-SB55

SB55-SSA1-CA1,949,24 City, State Zip Code: ....

SB55-SSA1-CA1,950,1 Phone No: ....

SB55-SSA1-CA1, s. 3828jr Section 3828jr. 802.06 (1) of the statutes is amended to read:

SB55-SSA1-CA1,950,21 802.06 (1) When presented. Except as provided in sub. (1m) or when a court dismisses an action or special proceeding under s. 802.05 (3), a defendant shall serve an answer within 45 days after the service of the complaint upon the defendant. If Except as provided in sub. (1m), if a guardian ad litem is appointed for a defendant, the guardian ad litem shall have 45 days after appointment to serve the answer. A party served with a pleading stating a cross-claim against the party shall serve an answer thereto within 45 days after the service upon the party. The plaintiff shall serve a reply to a counterclaim in the answer within 45 days after service of the answer. The state or an agency of the state or an officer, employee or agent of the state shall serve an answer to the complaint or to a cross-claim or a reply to a counterclaim within 45 days after service of the pleading in which the claim is asserted. If any pleading is ordered by the court, it shall be served within 45 days after service of the order, unless the order otherwise directs. The service of a motion permitted under sub. (2) alters these periods of time as follows, unless a different time is fixed by order of the court: if the court denies the motion or postpones its disposition until the trial on the merits, the responsive pleading shall be served within 10 days after notice of the court's action; or if the court grants a motion for a more definite statement, the responsive pleading shall be served within 10 days after the service of the more definite statement.

SB55-SSA1-CA1, s. 3828js Section 3828js. 802.06 (1m) of the statutes is created to read:

SB55-SSA1-CA1,951,2 802.06 (1m) Enforcement of lien or security interest. If the proceeding is to foreclose or otherwise enforce a lien or security interest, the defendant or guardian ad litem shall serve an answer within 20 days after the service of the complaint upon the defendant or 20 days after appointment of the guardian ad litem.

SB55-SSA1-CA1, s. 3828jt Section 3828jt. 802.06 (6) of the statutes is amended to read:

SB55-SSA1-CA1,951,10 802.06 (6) Motion to strike. Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted upon motion made by a party within 45 days after the service of the pleading upon the party, or within 20 days after the service if the proceeding is to foreclose or otherwise enforce a lien or security interest, or upon the court's own initiative at any time, the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, scandalous or indecent matter.

SB55-SSA1-CA1, s. 3828jv Section 3828jv. 802.09 (1) of the statutes is amended to read:

SB55-SSA1-CA1,951,21 802.09 (1) Amendments. A party may amend the party's pleading once as a matter of course at any time within 6 months after the summons and complaint are filed or within the time set in a scheduling order under s. 802.10. Otherwise a party may amend the pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given at any stage of the action when justice so requires. A party shall plead in response to an amended pleading within 45 days after service of the amended pleading, or within 20 days after the service if the proceeding is to foreclose or otherwise enforce a lien or security interest, unless (a) the court otherwise orders or (b) no responsive pleading is required or permitted under s. 802.01 (1).".

SB55-SSA1-CA1,951,22 1488. Page 1205, line 21: after that line insert:

SB55-SSA1-CA1,951,23 " Section 3828c. 801.02 (7) (a) 2. c. of the statutes is amended to read:

SB55-SSA1-CA1,952,4 801.02 (7) (a) 2. c. A person bringing an action seeking relief from a judgment of conviction or a sentence of a court, including an action for an extraordinary writ or a supervisory writ seeking relief from a judgment of conviction or a sentence of a court or an action under s. 809.30, 809.40, 973.19 or , 974.06 or 974.07.

SB55-SSA1-CA1, s. 3828f Section 3828f. 805.15 (3) (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,952,8 805.15 (3) (intro.) A Except as provided in ss. 974.07 (10) (b) and 980.101 (2) (b), a new trial shall be ordered on the grounds of newly-discovered evidence if the court finds that:

SB55-SSA1-CA1, s. 3828i Section 3828i. 805.16 (5) of the statutes is created to read:

SB55-SSA1-CA1,952,12 805.16 (5) The time limits in this section for filing motions do not apply to a motion for a new trial based on newly discovered evidence that is brought under s. 974.06.".

SB55-SSA1-CA1,952,13 1489. Page 1206, line 2: delete lines 2 to 4.

SB55-SSA1-CA1,952,14 1490. Page 1206, line 4: after that line insert:

SB55-SSA1-CA1,952,15 " Section 3829d. 808.075 (4) (h) of the statutes is amended to read:

SB55-SSA1-CA1,952,18 808.075 (4) (h) Commitment, supervised release, recommitment and, discharge, and postcommitment relief under ss. 980.06, 980.08, 980.09 and, 980.10, and 980.101 of a person found to be a sexually violent person under ch. 980.

SB55-SSA1-CA1, s. 3829n Section 3829n. 809.30 (1) (a) of the statutes is amended to read:

SB55-SSA1-CA1,953,2 809.30 (1) (a) "Postconviction relief" means, in a felony or misdemeanor case, an appeal or a motion for postconviction relief other than a motion under s. 973.19 or, 974.06, or 974.07 (2). In a ch. 48, 51, 55 or 938 case, other than a termination of parental rights case under s. 48.43, it means an appeal or a motion for reconsideration by the trial court of its final judgment or order; in such cases a notice of intent to pursue such relief or a motion for such relief need not be styled as seeking "postconviction" relief.

SB55-SSA1-CA1, s. 3829p Section 3829p. 809.30 (2) (L) of the statutes is amended to read:

SB55-SSA1-CA1,953,5 809.30 (2) (L) An appeal under s. 974.06 or 974.07 is governed by the procedures for civil appeals.".

SB55-SSA1-CA1,953,6 1491. Page 1206, line 5: delete lines 5 to 12.

SB55-SSA1-CA1,953,7 1492. Page 1208, line 13: after that line insert:

SB55-SSA1-CA1,953,8 " Section 3835g. 814.66 (1) (a) 2. of the statutes is amended to read:

SB55-SSA1-CA1,953,15 814.66 (1) (a) 2. For filing a petition whereby any proceeding in estates of deceased persons is commenced, if the value of the property subject to administration, less encumbrances, liens or charges, is $10,000 or less, a fee of $10 $20 and, if more than $10,000, a fee of 0.1% 0.2% of the value of the property subject to administration, less encumbrances, liens or charges. The register in probate may not base a fee under this subdivision upon the value of property that is not subject to administration.

SB55-SSA1-CA1, s. 3835h Section 3835h. 814.66 (1) (b) 2. of the statutes is amended to read:

SB55-SSA1-CA1,953,21 814.66 (1) (b) 2. For filing a petition for guardianship of the estate under ch. 880 or an application for conservatorship under ch. 880, if the value of the property, less encumbrances, liens or charges, is $10,000 or less, a fee of $10 $20 and, if more than $10,000, a fee of 0.1% 0.2% of the value of the property, less encumbrances, liens or charges.

SB55-SSA1-CA1, s. 3835i Section 3835i. 814.66 (3) of the statutes is amended to read:

SB55-SSA1-CA1,954,6 814.66 (3) The register in probate shall, on the first Monday of each month, pay into the office of the county treasurer all fees collected by him or her and in his or her hands and still unclaimed as of that day. Each county treasurer shall make a report under oath to the state treasurer on or before the 5th day of January, April, July and October of all fees received by him or her under sub. (1) (a) to (f) up to the first day of each of those months and shall at the same time pay 50% 66.67% of the fees to the state treasurer for deposit in the general fund. Each county treasurer shall retain the balance of fees received by him or her under this section for the use of the county.".

SB55-SSA1-CA1,954,7 1493. Page 1208, line 14: delete lines 14 and 15 and substitute:

SB55-SSA1-CA1,954,8 " Section 3836dd. 814.67 (1) (am) of the statutes is created to read:

SB55-SSA1-CA1,954,9 814.67 (1) (am) For witnesses attending before a circuit court, $16 per day.

SB55-SSA1-CA1, s. 3836f Section 3836f. 814.67 (1) (b) (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,954,12 814.67 (1) (b) (intro.) For attending before any other court the court of appeals or the supreme court:

SB55-SSA1-CA1, s. 3836g Section 3836g. 814.67 (1) (b) 2. of the statutes is amended to read:

SB55-SSA1-CA1,954,15 814.67 (1) (b) 2. For interpreters, $35 per one-half day a fee determined by the supreme court.".

SB55-SSA1-CA1,954,16 1494. Page 1209, line 3: after that line insert:

SB55-SSA1-CA1,954,17 " Section 3836t. 818.05 of the statutes is amended to read:

SB55-SSA1-CA1,955,6 818.05 Bond, liability of plaintiff for support. Before making the order for arrest the court or judge shall require a bond of the plaintiff, with or without sureties, to the effect that if the plaintiff fails to recover, the plaintiff will pay all costs that may be awarded to the defendant and all damages which the defendant may sustain by reason of the arrest, not exceeding the sum specified in the bond, which shall be at least $100. If the bond be executed by the plaintiff without sureties the plaintiff shall annex thereto an affidavit that the plaintiff is a resident and householder or freeholder within the state and worth double the sum specified in the bond above all of the plaintiff's debts and liabilities in property in this state not exempt from execution. The plaintiff shall be liable for support of the defendant while the defendant is in jail, as specified in s. 898.14 (1). This section does not apply to an order for arrest in an action to determine paternity or to any action under ch. 767 brought by the state or its designee.".

SB55-SSA1-CA1,955,8 1495. Page 1211, line 9: delete the material beginning with that line and ending with page 1214, line 15, and substitute:

SB55-SSA1-CA1,955,9 " Section 3852d. 885.37 (title) of the statutes is amended to read:

SB55-SSA1-CA1,955,12 885.37 (title) Interpreters for persons with language difficulties or hearing or speaking impairments in municipal courts and administrative agency contested cases.

SB55-SSA1-CA1, s. 3852g Section 3852g. 885.37 (1) (a) of the statutes is repealed.

SB55-SSA1-CA1, s. 3852m Section 3852m. 885.37 (1) (b) of the statutes is amended to read:

SB55-SSA1-CA1,956,3 885.37 (1) (b) If a municipal court has notice that a person who fits any of the criteria under par. (a) is a juvenile or parent subject to ch. 938, or who is a witness in a proceeding under ch. 938, has a language difficulty because of the inability to speak or understand English, has a hearing impairment, is unable to speak or has a speech defect, the court shall make a factual determination of whether the language difficulty or the hearing or speaking impairment is sufficient to prevent the individual from communicating with his or her attorney, reasonably understanding the English testimony or reasonably being understood in English. If the court determines that an interpreter is necessary, the court shall advise the person that he or she has a right to a qualified interpreter and that, if the person cannot afford one, an interpreter will be provided for him or her at the public's expense. Any waiver of the right to an interpreter is effective only if made voluntarily in person, in open court and on the record.

SB55-SSA1-CA1, s. 3852r Section 3852r. 885.37 (2) of the statutes is amended to read:

SB55-SSA1-CA1,956,6 885.37 (2) A municipal court may authorize the use of an interpreter in actions or proceedings in addition to those specified in sub. (1) (b).

SB55-SSA1-CA1, s. 3853g Section 3853g. 885.37 (4) (a) of the statutes is repealed and recreated to read:

SB55-SSA1-CA1,956,9 885.37 (4) (a) The necessary expense of furnishing an interpreter for an indigent person in a municipal court shall be paid by the municipality.

SB55-SSA1-CA1, s. 3853m Section 3853m. 885.37 (5) (a) of the statutes is amended to read:

SB55-SSA1-CA1,956,13 885.37 (5) (a) If a municipal court under sub. (1) (b) 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-SSA1-CA1, s. 3860m Section 3860m. 885.38 of the statutes is created to read:

SB55-SSA1-CA1,956,15 885.38 Interpreters in circuit and appellate courts. (1) In this section:

SB55-SSA1-CA1,956,16 (a) "Court proceeding" means any proceeding before a court of record.

SB55-SSA1-CA1,956,17 (b) "Limited English proficiency" means any of the following:

SB55-SSA1-CA1,956,19 1. The inability, because of the use of a language other than English, to adequately understand or communicate effectively in English in a court proceeding.

SB55-SSA1-CA1,956,22 2. The inability, due to a speech impairment, hearing loss, deafness, deaf-blindness, or other disability, to adequately hear, understand, or communicate effectively in English in a court proceeding.

SB55-SSA1-CA1,956,23 (c) "Qualified interpreter" means a person who is able to do all of the following:

SB55-SSA1-CA1,956,24 1. Readily communicate with a person who has limited English proficiency.

SB55-SSA1-CA1,957,3 2. Orally transfer the meaning of statements to and from English and the language spoken by a person who has limited English proficiency in the context of a court proceeding.

SB55-SSA1-CA1,957,7 3. Readily and accurately interpret for a person who has limited English proficiency, without omissions or additions, in a manner that conserves the meaning, tone, and style of the original statement, including dialect, slang, and specialized vocabulary.

SB55-SSA1-CA1,957,11 (2) The supreme court shall establish the procedures and policies for the recruitment, training, and certification of persons to act as qualified interpreters in a court proceeding and for the coordination, discipline, retention, and training of those interpreters.

SB55-SSA1-CA1,957,16 (3) (a) In criminal proceedings and in proceedings under ch. 48, 51, 55, or 938, if the court determines that the person has limited English proficiency and that an interpreter is necessary, the court shall advise the person that he or she has the right to a qualified interpreter and that, if the person cannot afford one, an interpreter will be provided at the public's expense if the person is one of the following:

SB55-SSA1-CA1,957,17 1. A party in interest.

SB55-SSA1-CA1,957,18 2. A witness, while testifying in a court proceeding.

SB55-SSA1-CA1,957,19 3. An alleged victim, as defined in s. 950.02 (4).

SB55-SSA1-CA1,957,21 4. A parent or legal guardian of a minor party in interest or the legal guardian of a party in interest.

SB55-SSA1-CA1,957,23 5. Another person affected by the proceedings, if the court determines that the appointment is necessary and appropriate.

SB55-SSA1-CA1,957,25 (b) The court may appoint more than one qualified interpreter in a court proceeding when necessary.

SB55-SSA1-CA1,958,3 (c) If a person with limited English proficiency, as defined in sub. (1) (b) 2., is part of a jury panel in a court proceeding, the court shall appoint a qualified interpreter for that person.

SB55-SSA1-CA1,958,6 (d) 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-SSA1-CA1,958,10 (e) A qualified interpreter appointed under this subsection 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-SSA1-CA1,958,12 (f) A court may authorize the use of a qualified interpreter in actions or proceedings in addition to those specified in par. (a).

SB55-SSA1-CA1,958,17 (4) (a) The court may accept the waiver of the right to a qualified interpreter by a person with limited English proficiency 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-SSA1-CA1,958,20 (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-SSA1-CA1,958,24 (5) 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-SSA1-CA1,959,3 (6) 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-SSA1-CA1,959,6 (7) 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-SSA1-CA1,959,9 (8) (a) Except as provided in par. (b), the necessary expenses of providing qualified interpreters to indigent persons with limited English proficiency under this section shall be paid as follows:

SB55-SSA1-CA1,959,13 1. The county in which the circuit court is located shall pay the expenses in all proceedings before a circuit court and when the clerk of circuit court uses a qualified interpreter under sub. (3) (d). The county shall be reimbursed as provided in s. 758.19 (8) for expenses paid under this subdivision.

SB55-SSA1-CA1,959,15 2. The court of appeals shall pay the expenses in all proceedings before the court of appeals.

SB55-SSA1-CA1,959,17 3. The supreme court shall pay the expenses in all proceedings before the supreme court.

SB55-SSA1-CA1,959,20 (b) The state public defender shall pay the expenses for interpreters assisting the state public defender in representing an indigent person in preparing for court proceedings.".

SB55-SSA1-CA1,959,21 1496. Page 1217, line 8: delete "3 years" and substitute "one year".

SB55-SSA1-CA1,959,22 1497. Page 1217, line 19: delete lines 19 and 20.