Amendment CA1-SSA1-SB55

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SB55-SSA1-CA1, s. 3852g Section 3852g. 885.37 (1) (a) of the statutes is repealed.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

SB55-SSA1-CA1,959,23 1498. Page 1217, line 21: delete "or the department of justice under sub. (3)".

SB55-SSA1-CA1,959,24 1499. Page 1218, line 8: after that line insert:

SB55-SSA1-CA1,960,1 " Section 3862yg. 893.66 (title) of the statutes is amended to read:

SB55-SSA1-CA1,960,3 893.66 (title) Accountants Certified public accountants; limitations of actions.

SB55-SSA1-CA1, s. 3862yr Section 3862yr. 893.66 (1) of the statutes is amended to read:

SB55-SSA1-CA1,960,9 893.66 (1) Except as provided in subs. (1m) to (4), an action to recover damages, based on tort, contract or other legal theory, against any certified public accountant licensed or certified under ch. 442 for an act or omission in the performance of professional accounting services shall be commenced within 6 years from the date of the act or omission or be barred.".

SB55-SSA1-CA1,960,10 1500. Page 1219, line 4: after that line insert:

SB55-SSA1-CA1,960,11 " Section 3871t. 895.80 (1) of the statutes is amended to read:

SB55-SSA1-CA1,960,17 895.80 (1) Any person who suffers damage or loss by reason of intentional conduct that occurs on or after November 1, 1995, and that is prohibited under s. 943.01, 943.20, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.50 or, 943.61, or 943.76, or by reason of intentional conduct that occurs on or after April 28, 1998, and that is prohibited under s. 943.201, has a cause of action against the person who caused the damage or loss.

SB55-SSA1-CA1, s. 3871u Section 3871u. 895.80 (3m) of the statutes is created to read:

SB55-SSA1-CA1,960,21 895.80 (3m) (a) In this subsection, "plant" includes the material taken, extracted, or harvested from a plant, or a seed or other plant material that is being used or that will be used to grow or develop a plant.

SB55-SSA1-CA1,961,3 (b) If the violation of s. 943.01 (1) involves the circumstances under s. 943.01 (2d), the court may award a prevailing plaintiff the reasonable attorney fees incurred in litigating the action and, when determining the damages recoverable under sub. (3), shall include the market value of the plant before the damage or destruction, and the costs of production, research, testing, replacement, and plant development directly related to the plant that has been damaged or destroyed.

SB55-SSA1-CA1, s. 3871w Section 3871w. 895.80 (5) of the statutes is amended to read:

SB55-SSA1-CA1,961,10 895.80 (5) No person may bring a cause of action under both this section and s. 95.195, 943.212, 943.245 or 943.51 regarding the same incident or occurrence. If the plaintiff has a cause of action under both this section and s. 943.212, 943.245 or 943.51 regarding the same incident or occurrence, the plaintiff may choose which action to bring. If the plaintiff has a cause of action under both this section and s. 95.195, the plaintiff must bring the action under s. 95.195.".

SB55-SSA1-CA1,961,11 1501. Page 1219, line 4: after that line insert:

SB55-SSA1-CA1,961,12 " Section 3871m. 898.14 of the statutes is repealed.".

SB55-SSA1-CA1,961,13 1502. Page 1219, line 4: after that line insert:

SB55-SSA1-CA1,961,14 " Section 3871m. 895.81 of the statutes is created to read:

SB55-SSA1-CA1,961,18 895.81 Civil action for domestic abuse or sexual assault. (1) Any person who suffers damages as the result of intentional conduct that is prohibited under s. 940.225, or as the result of domestic abuse, as defined in s. 813.12 (1) (a), has a cause of action against the person who caused the damage.

SB55-SSA1-CA1,961,21 (2) The burden of proof in a civil action under sub. (1) is with the person who suffers damage or loss to prove his or her case by a preponderance of the credible evidence.

SB55-SSA1-CA1,961,23 (3) If the plaintiff prevails in a civil action under sub. (1), he or she may recover all of the following:

SB55-SSA1-CA1,961,24 (a) Treble damages.

SB55-SSA1-CA1,962,1 (b) All costs of investigation and litigation that were reasonably incurred.

SB55-SSA1-CA1,962,4 (4) A person may bring a civil action under sub. (1) regardless of whether there has been a criminal action related to the loss or damage under sub. (1) and regardless of the outcome of any such criminal action.".

SB55-SSA1-CA1,962,5 1503. Page 1219, line 4: after that line insert:

SB55-SSA1-CA1,962,6 " Section 3866d. 895.52 (2) (a) 2. of the statutes is amended to read:

SB55-SSA1-CA1,962,8 895.52 (2) (a) 2. A duty to inspect the property, except as provided under s. ss. 23.115 (2) and 28.045 (3).

SB55-SSA1-CA1, s. 3866h Section 3866h. 895.52 (3) (b) of the statutes is amended to read:

SB55-SSA1-CA1,962,14 895.52 (3) (b) A death or injury caused by a malicious act or by a malicious failure to warn against an unsafe condition of which an officer, employee or agent knew, which occurs on property designated by the department of natural resources under s. 23.115, designated by the department of forestry under s. 28.045 or designated by another state agency for a recreational activity.

SB55-SSA1-CA1, s. 3866p Section 3866p. 895.53 (1) (am) of the statutes is created to read:

SB55-SSA1-CA1,962,17 895.53 (1) (am) "State forest ranger" means a person appointed as a state forest ranger by the department of forestry under s. 28.92.

SB55-SSA1-CA1, s. 3866t Section 3866t. 895.53 (2) of the statutes is amended to read:

SB55-SSA1-CA1,962,24 895.53 (2) Any person withdrawing blood at the request of a traffic officer, law enforcement officer, state forest ranger, or conservation warden for the purpose of determining the presence or quantity of alcohol, controlled substances, controlled substance analogs or any combination of alcohol, controlled substances and controlled substance analogs is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.".

SB55-SSA1-CA1,963,1 1504. Page 1219, line 9: substitute "885.38 (1) (b)," for "885.37 (1g),".

SB55-SSA1-CA1,963,2 1505. Page 1219, line 15: after that line insert:

SB55-SSA1-CA1,963,3 " Section 3872v. 908.03 (6m) (b) (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,963,7 908.03 (6m) (b) Authentication witness unnecessary. (intro.) A The testimony of a custodian or other qualified witness required by sub. (6) is unnecessary if the party who intends to offer health care provider records into evidence at a trial or hearing does one of the following at least 40 20 days before the trial or hearing:".

SB55-SSA1-CA1,963,8 1506. Page 1219, line 15: after that line insert:

SB55-SSA1-CA1,963,9 " Section 3872x. 908.03 (6m) (d) of the statutes is amended to read:

SB55-SSA1-CA1,963,16 908.03 (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 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.

SB55-SSA1-CA1, s. 3872y Section 3872y. 908.03 (6m) (d) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read: