SB55-SSA1-CA1,956,2323 (c) "Qualified interpreter" means a person who is able to do all of the following:
SB55-SSA1-CA1,956,2424 1. Readily communicate with a person who has limited English proficiency.
SB55-SSA1-CA1,957,3
12. Orally transfer the meaning of statements to and from English and the
2language spoken by a person who has limited English proficiency in the context of
3a court proceeding.
SB55-SSA1-CA1,957,74 3. Readily and accurately interpret for a person who has limited English
5proficiency, without omissions or additions, in a manner that conserves the meaning,
6tone, and style of the original statement, including dialect, slang, and specialized
7vocabulary.
SB55-SSA1-CA1,957,11 8(2) The supreme court shall establish the procedures and policies for the
9recruitment, training, and certification of persons to act as qualified interpreters in
10a court proceeding and for the coordination, discipline, retention, and training of
11those interpreters.
SB55-SSA1-CA1,957,16 12(3) (a) In criminal proceedings and in proceedings under ch. 48, 51, 55, or 938,
13if the court determines that the person has limited English proficiency and that an
14interpreter is necessary, the court shall advise the person that he or she has the right
15to a qualified interpreter and that, if the person cannot afford one, an interpreter will
16be provided at the public's expense if the person is one of the following:
SB55-SSA1-CA1,957,1717 1. A party in interest.
SB55-SSA1-CA1,957,1818 2. A witness, while testifying in a court proceeding.
SB55-SSA1-CA1,957,1919 3. An alleged victim, as defined in s. 950.02 (4).
SB55-SSA1-CA1,957,2120 4. A parent or legal guardian of a minor party in interest or the legal guardian
21of a party in interest.
SB55-SSA1-CA1,957,2322 5. Another person affected by the proceedings, if the court determines that the
23appointment is necessary and appropriate.
SB55-SSA1-CA1,957,2524 (b) The court may appoint more than one qualified interpreter in a court
25proceeding when necessary.
SB55-SSA1-CA1,958,3
1(c) If a person with limited English proficiency, as defined in sub. (1) (b) 2., is
2part of a jury panel in a court proceeding, the court shall appoint a qualified
3interpreter for that person.
SB55-SSA1-CA1,958,64 (d) If a person with limited English proficiency requests the assistance of the
5clerk of circuit courts regarding a legal proceeding, the clerk may provide the
6assistance of a qualified interpreter to respond to the person's inquiry.
SB55-SSA1-CA1,958,107 (e) A qualified interpreter appointed under this subsection may, with the
8approval of the court, provide interpreter services outside the court room that are
9related to the court proceedings, including during court-ordered psychiatric or
10medical exams or mediation.
SB55-SSA1-CA1,958,1211 (f) A court may authorize the use of a qualified interpreter in actions or
12proceedings in addition to those specified in par. (a).
SB55-SSA1-CA1,958,17 13(4) (a) The court may accept the waiver of the right to a qualified interpreter
14by a person with limited English proficiency at any point in the court proceeding if
15the court advises the person of the nature and effect of the waiver and determines
16on the record that the waiver has been made knowingly, intelligently, and
17voluntarily.
SB55-SSA1-CA1,958,2018 (b) At any point in the court proceeding, for good cause, the person with limited
19English proficiency may retract his or her waiver and request that a qualified
20interpreter be appointed.
SB55-SSA1-CA1,958,24 21(5) Every qualified interpreter, before commencing his or her duties in a court
22proceeding, shall take a sworn oath that he or she will make a true and impartial
23interpretation. The supreme court may approve a uniform oath for qualified
24interpreters.
SB55-SSA1-CA1,959,3
1(6) Any party to a court proceeding may object to the use of any qualified
2interpreter for good cause. The court may remove a qualified interpreter for good
3cause.
SB55-SSA1-CA1,959,6 4(7) The delay resulting from the need to locate and appoint a qualified
5interpreter may constitute good cause for the court to toll the time limitations in the
6court proceeding.
SB55-SSA1-CA1,959,9 7(8) (a) Except as provided in par. (b), the necessary expenses of providing
8qualified interpreters to indigent persons with limited English proficiency under
9this section shall be paid as follows:
SB55-SSA1-CA1,959,1310 1. The county in which the circuit court is located shall pay the expenses in all
11proceedings before a circuit court and when the clerk of circuit court uses a qualified
12interpreter under sub. (3) (d). The county shall be reimbursed as provided in s.
13758.19 (8) for expenses paid under this subdivision.
SB55-SSA1-CA1,959,1514 2. The court of appeals shall pay the expenses in all proceedings before the court
15of appeals.
SB55-SSA1-CA1,959,1716 3. The supreme court shall pay the expenses in all proceedings before the
17supreme court.
SB55-SSA1-CA1,959,2018 (b) The state public defender shall pay the expenses for interpreters assisting
19the state public defender in representing an indigent person in preparing for court
20proceedings.".
SB55-SSA1-CA1,959,21 211496. Page 1217, line 8: delete "3 years" and substitute "one year".
SB55-SSA1-CA1,959,22 221497. Page 1217, line 19: delete lines 19 and 20.
SB55-SSA1-CA1,959,23 231498. Page 1217, line 21: delete "or the department of justice under sub. (3)".
SB55-SSA1-CA1,959,24 241499. Page 1218, line 8: after that line insert:
SB55-SSA1-CA1,960,1
1" Section 3862yg. 893.66 (title) of the statutes is amended to read:
SB55-SSA1-CA1,960,3 2893.66 (title) Accountants Certified public accountants; limitations of
3actions.
SB55-SSA1-CA1, s. 3862yr 4Section 3862yr. 893.66 (1) of the statutes is amended to read:
SB55-SSA1-CA1,960,95 893.66 (1) Except as provided in subs. (1m) to (4), an action to recover damages,
6based on tort, contract or other legal theory, against any certified public accountant
7licensed or certified under ch. 442 for an act or omission in the performance of
8professional accounting services shall be commenced within 6 years from the date
9of the act or omission or be barred.".
SB55-SSA1-CA1,960,10 101500. Page 1219, line 4: after that line insert:
SB55-SSA1-CA1,960,11 11" Section 3871t. 895.80 (1) of the statutes is amended to read:
SB55-SSA1-CA1,960,1712 895.80 (1) Any person who suffers damage or loss by reason of intentional
13conduct that occurs on or after November 1, 1995, and that is prohibited under s.
14943.01, 943.20, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.50 or, 943.61, or
15943.76,
or by reason of intentional conduct that occurs on or after April 28, 1998, and
16that is prohibited under s. 943.201, has a cause of action against the person who
17caused the damage or loss.
SB55-SSA1-CA1, s. 3871u 18Section 3871u. 895.80 (3m) of the statutes is created to read:
SB55-SSA1-CA1,960,2119 895.80 (3m) (a) In this subsection, "plant" includes the material taken,
20extracted, or harvested from a plant, or a seed or other plant material that is being
21used or that will be used to grow or develop a plant.
SB55-SSA1-CA1,961,322 (b) If the violation of s. 943.01 (1) involves the circumstances under s. 943.01
23(2d), the court may award a prevailing plaintiff the reasonable attorney fees incurred
24in litigating the action and, when determining the damages recoverable under sub.

1(3), shall include the market value of the plant before the damage or destruction, and
2the costs of production, research, testing, replacement, and plant development
3directly related to the plant that has been damaged or destroyed.
SB55-SSA1-CA1, s. 3871w 4Section 3871w. 895.80 (5) of the statutes is amended to read:
SB55-SSA1-CA1,961,105 895.80 (5) No person may bring a cause of action under both this section and
6s. 95.195, 943.212, 943.245 or 943.51 regarding the same incident or occurrence. If
7the plaintiff has a cause of action under both this section and s. 943.212, 943.245 or
8943.51 regarding the same incident or occurrence, the plaintiff may choose which
9action to bring. If the plaintiff has a cause of action under both this section and s.
1095.195, the plaintiff must bring the action under s. 95.195.
".
SB55-SSA1-CA1,961,11 111501. Page 1219, line 4: after that line insert:
SB55-SSA1-CA1,961,12 12" Section 3871m. 898.14 of the statutes is repealed.".
SB55-SSA1-CA1,961,13 131502. Page 1219, line 4: after that line insert:
SB55-SSA1-CA1,961,14 14" Section 3871m. 895.81 of the statutes is created to read:
SB55-SSA1-CA1,961,18 15895.81 Civil action for domestic abuse or sexual assault. (1) Any person
16who suffers damages as the result of intentional conduct that is prohibited under s.
17940.225, or as the result of domestic abuse, as defined in s. 813.12 (1) (a), has a cause
18of action against the person who caused the damage.
SB55-SSA1-CA1,961,21 19(2) The burden of proof in a civil action under sub. (1) is with the person who
20suffers damage or loss to prove his or her case by a preponderance of the credible
21evidence.
SB55-SSA1-CA1,961,23 22(3) If the plaintiff prevails in a civil action under sub. (1), he or she may recover
23all of the following:
SB55-SSA1-CA1,961,2424 (a) Treble damages.
SB55-SSA1-CA1,962,1
1(b) All costs of investigation and litigation that were reasonably incurred.
SB55-SSA1-CA1,962,4 2(4) A person may bring a civil action under sub. (1) regardless of whether there
3has been a criminal action related to the loss or damage under sub. (1) and regardless
4of the outcome of any such criminal action.".
SB55-SSA1-CA1,962,5 51503. Page 1219, line 4: after that line insert:
SB55-SSA1-CA1,962,6 6" Section 3866d. 895.52 (2) (a) 2. of the statutes is amended to read:
SB55-SSA1-CA1,962,87 895.52 (2) (a) 2. A duty to inspect the property, except as provided under s. ss.
823.115 (2) and 28.045 (3).
SB55-SSA1-CA1, s. 3866h 9Section 3866h. 895.52 (3) (b) of the statutes is amended to read:
SB55-SSA1-CA1,962,1410 895.52 (3) (b) A death or injury caused by a malicious act or by a malicious
11failure to warn against an unsafe condition of which an officer, employee or agent
12knew, which occurs on property designated by the department of natural resources
13under s. 23.115, designated by the department of forestry under s. 28.045 or
14designated by another state agency for a recreational activity.
SB55-SSA1-CA1, s. 3866p 15Section 3866p. 895.53 (1) (am) of the statutes is created to read:
SB55-SSA1-CA1,962,1716 895.53 (1) (am) "State forest ranger" means a person appointed as a state forest
17ranger by the department of forestry under s. 28.92.
SB55-SSA1-CA1, s. 3866t 18Section 3866t. 895.53 (2) of the statutes is amended to read:
SB55-SSA1-CA1,962,2419 895.53 (2) Any person withdrawing blood at the request of a traffic officer, law
20enforcement officer, state forest ranger, or conservation warden for the purpose of
21determining the presence or quantity of alcohol, controlled substances, controlled
22substance analogs or any combination of alcohol, controlled substances and
23controlled substance analogs is immune from any civil or criminal liability for the
24act, except for civil liability for negligence in the performance of the act.".
SB55-SSA1-CA1,963,1
11504. Page 1219, line 9: substitute "885.38 (1) (b)," for "885.37 (1g),".
SB55-SSA1-CA1,963,2 21505. Page 1219, line 15: after that line insert:
SB55-SSA1-CA1,963,3 3" Section 3872v. 908.03 (6m) (b) (intro.) of the statutes is amended to read:
SB55-SSA1-CA1,963,74 908.03 (6m) (b) Authentication witness unnecessary. (intro.) A The testimony
5of a
custodian or other qualified witness required by sub. (6) is unnecessary if the
6party who intends to offer health care provider records into evidence at a trial or
7hearing does one of the following at least 40 20 days before the trial or hearing:".
SB55-SSA1-CA1,963,8 81506. Page 1219, line 15: after that line insert:
SB55-SSA1-CA1,963,9 9" Section 3872x. 908.03 (6m) (d) of the statutes is amended to read:
SB55-SSA1-CA1,963,1610 908.03 (6m) (d) Fees. The Before January 1, 2003, the department of health
11and family services shall, by rule, prescribe uniform fees that are based on an
12approximation of the actual costs. The fees, plus applicable tax, are the maximum
13amount
that a health care provider may charge under par. (c) 3. for certified duplicate
14patient health care records. The rule shall also allow the health care provider to
15charge for actual postage or other actual delivery costs. The commencement of an
16action is not a prerequisite for the application of this paragraph.
SB55-SSA1-CA1, s. 3872y 17Section 3872y. 908.03 (6m) (d) of the statutes, as affected by 2001 Wisconsin
18Act .... (this act), is amended to read:
SB55-SSA1-CA1,964,419 908.03 (6m) (d) Fees. Before January 1, 2003 After December 31, 2002, the
20department of health and family services shall, by rule, prescribe uniform fees that
21are based on an approximation of actual costs. The fees, plus applicable tax, are the
22maximum amount that a health care provider may charge for certified duplicate
23patient health care records. The rule shall also allow the health care provider to
24charge for actual postage or other actual delivery costs. The commencement of an

1action is not a prerequisite for the application of this paragraph
For duplicate patient
2health care records and duplicate X-ray reports or the referral of X-rays to another
3health care provider that are requested before commencement of an action, s. 146.83
4(1) (b) and (c) and (3m) applies
.".
SB55-SSA1-CA1,964,5 51507. Page 1219, line 16: delete lines 16 to 21.
SB55-SSA1-CA1,964,6 61508. Page 1219, line 21: after that line insert:
SB55-SSA1-CA1,964,7 7" Section 3878e. 938.17 (2) (h) 1. of the statutes is amended to read:
SB55-SSA1-CA1,964,218 938.17 (2) (h) 1. If a juvenile who has violated a municipal ordinance, other
9than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition of his or
10her dispositional order, the municipal court may impose on the juvenile any of the
11sanctions specified in s. 938.355 (6) (d) 2. to 4. 5. that are authorized under par. (cm)
12except for monitoring by an electronic monitoring system or may petition the court
13assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the
14juvenile the sanction specified in s. 938.355 (6) (d) 1. or home detention with
15monitoring by an electronic monitoring system as specified in s. 938.355 (6) (d) 3., if
16authorized under par. (cm), if at the time of judgment the court explained the
17conditions to the juvenile and informed the juvenile of the possible sanctions under
18s. 938.355 (6) (d) that are authorized under par. (cm) for a violation or if before the
19violation the juvenile has acknowledged in writing that he or she has read, or has had
20read to him or her, those conditions and possible sanctions and that he or she
21understands those conditions and possible sanctions.".
SB55-SSA1-CA1,964,22 221509. Page 1219, line 21: after that line insert:
SB55-SSA1-CA1,964,23 23" Section 3878. 938.17 (2) (d) of the statutes is amended to read:
SB55-SSA1-CA1,965,16
1938.17 (2) (d) If a municipal court finds that the juvenile violated a municipal
2ordinance other than an ordinance enacted under s. 118.163 or an ordinance that
3conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 961.573 (2), 961.574 (2)
4or 961.575 (2), the court shall enter any of the dispositional orders permitted under
5s. 938.343 that are authorized under par. (cm). If a juvenile fails to pay the forfeiture
6imposed by the municipal court, the court may not impose a jail sentence but may
7suspend any license issued under ch. 29 for not less than 30 days nor more than 5
8years, or, unless the forfeiture was imposed for violating an ordinance unrelated to
9the juvenile's operation of a motor vehicle, may
suspend the juvenile's operating
10privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than 5 years
11more than 2 years. If a court suspends a license or privilege under this section, the
12court shall immediately take possession of the applicable license and forward it to
13the department that issued the license, together with the notice of suspension clearly
14stating that the suspension is for failure to pay a forfeiture imposed by the court. If
15the forfeiture is paid during the period of suspension, the court shall immediately
16notify the department, which shall thereupon return the license to the person.".
SB55-SSA1-CA1,965,17 171510. Page 1219, line 21: after that line insert:
SB55-SSA1-CA1,965,18 18" Section 3876x. 938.02 (15) of the statutes is amended to read:
SB55-SSA1-CA1,965,2119 938.02 (15) "Relative" means a parent, grandparent, greatgrandparent,
20stepparent, brother, sister, first cousin, nephew, niece, uncle, or aunt, whether by
21blood, marriage, or adoption.".
SB55-SSA1-CA1,965,22 221511. Page 1219, line 22: delete lines 22 to 25.
SB55-SSA1-CA1,965,23 231512. Page 1220, line 1: delete lines 1 to 7 and substitute:
SB55-SSA1-CA1,965,24 24" Section 3879d. 938.183 (3) of the statutes is amended to read:
SB55-SSA1-CA1,966,9
1938.183 (3) When a juvenile who is subject to a criminal penalty under sub.
2(1m) or (2) attains the age of 17 years, the department may place the juvenile in a
3state prison named in s. 302.01, except that the department may not place any person
4under the age of 18 years in the correctional institution authorized in s. 301.16 (1n)
.
5If a juvenile who is subject to a criminal penalty under sub. (1m) or (2) is 15 years
6of age or over, the department may transfer the juvenile to the Racine youthful
7offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d). A
8juvenile who is subject to a criminal penalty under sub. (1m) or (2) for an act
9committed before December 31, 1999, is eligible for parole under s. 304.06.".
SB55-SSA1-CA1,966,10 101513. Page 1220, line 8: delete lines 8 to 14.
SB55-SSA1-CA1,966,11 111514. Page 1223, line 4: after that line insert:
SB55-SSA1-CA1,966,12 12" Section 3889e. 938.245 (2) (a) 9m. of the statutes is created to read:
SB55-SSA1-CA1,966,1813 938.245 (2) (a) 9m. That the juvenile report to a youth report center after
14school, in the evening, on weekends, on other nonschool days, or at any other time
15that the juvenile is not under immediate adult supervision, for participation in the
16social, behavioral, academic, community service, and other programming of the
17center. Section 938.34 (5g) applies to any community service work performed by a
18juvenile under this subdivision.
SB55-SSA1-CA1, s. 3889g 19Section 3889g. 938.245 (5) of the statutes is amended to read:
Loading...
Loading...