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:
SB55-SSA1-CA1,966,2220 938.245 (5) A deferred prosecution agreement under sub. (2) (a) 1. to 8., (2g)
21or (2v).
may be terminated upon the request of the juvenile, parent, guardian, or legal
22custodian.".
SB55-SSA1-CA1,966,23 231515. Page 1223, line 4: after that line insert:
SB55-SSA1-CA1,967,2
1" Section 3887. 938.21 (5) (b) of the statutes is renumbered 938.21 (5) (b)
2(intro.) and amended to read:
SB55-SSA1-CA1,967,43 938.21 (5) (b) (intro.) An order relating to a juvenile held in custody outside of
4his or her home shall also describe include all of the following:
SB55-SSA1-CA1,967,8 51. A description of any efforts that were made to permit the juvenile to remain
6at home and the services that are needed to ensure the juvenile's well-being, to
7enable the juvenile to return safely to his or her home, and to involve the parents in
8planning for the juvenile.
SB55-SSA1-CA1, s. 3888 9Section 3888. 938.21 (5) (b) 2. of the statutes is created to read:
SB55-SSA1-CA1,967,1510 938.21 (5) (b) 2. If the juvenile is held in custody outside the home in a
11placement recommended by the intake worker, a statement that the court approves
12the placement recommended by the intake worker or, if the juvenile is placed outside
13the home in a placement other than a placement recommended by the intake worker,
14a statement that the court has given bona fide consideration to the recommendations
15made by the intake worker and all parties relating to the placement of the juvenile.".
SB55-SSA1-CA1,967,16 161516. Page 1223, line 4: after that line insert:
SB55-SSA1-CA1,967,17 17" Section 3889p. 938.293 (2) of the statutes is amended to read:
SB55-SSA1-CA1,968,418 938.293 (2) All records relating to a juvenile which are relevant to the subject
19matter of a proceeding under this chapter shall be open to inspection by a guardian
20ad litem or counsel for any party, upon demand and upon presentation of releases
21where necessary, at least 48 hours before the proceeding. Persons entitled to inspect
22the records may obtain copies of the records with the permission of the custodian of
23the records or with the permission of the court. The court may instruct counsel not
24to disclose specified items in the materials to the juvenile or the parent if the court

1reasonably believes that the disclosure would be harmful to the interests of the
2juvenile. Sections Section 971.23 and 972.11 (5) shall be applicable in all delinquency
3proceedings under this chapter, except that the court shall establish the timetable
4for the disclosures required under ss. s. 971.23 (1), (2m) and, (8), and 972.11 (5) (9).
SB55-SSA1-CA1, s. 3889r 5Section 3889r. 938.299 (4) (a) of the statutes is amended to read:
SB55-SSA1-CA1,968,86 938.299 (4) (a) Chapters 901 to 911 govern the presentation of evidence at the
7fact-finding hearing under s. 938.31. Section 972.11 (5) applies at fact-finding
8proceedings in all delinquency proceedings under this chapter.
".
SB55-SSA1-CA1,968,9 91517. Page 1223, line 7: after that line insert:
SB55-SSA1-CA1,968,10 10" Section 3890e. 938.32 (1) (a) of the statutes is amended to read:
SB55-SSA1-CA1,968,2211 938.32 (1) (a) At any time after the filing of a petition for a proceeding relating
12to s. 938.12 or 938.13 and before the entry of judgment, the judge or juvenile court
13commissioner may suspend the proceedings and place the juvenile under
14supervision in the juvenile's own home or present placement. The court may
15establish terms and conditions applicable to the parent, guardian, or legal custodian,
16and to the juvenile, including any of the conditions specified in subs. (1d), (1g), (1m),
17(1p), (1t), (1v), and (1x). The order under this section shall be known as a consent
18decree and must be agreed to by the juvenile; the parent, guardian , or legal
19custodian; and the person filing the petition under s. 938.25. If the consent decree
20includes any conditions specified in sub. (1g), the consent decree shall include
21provisions for payment of the services as specified in s. 938.361. The consent decree
22shall be reduced to writing and given to the parties.
SB55-SSA1-CA1, s. 3890g 23Section 3890g. 938.32 (1p) of the statutes is created to read:
SB55-SSA1-CA1,969,7
1938.32 (1p) The judge or juvenile court commissioner may establish as a
2condition under sub. (1) that the juvenile report to a youth report center after school,
3in the evening, on weekends, on other nonschool days, or at any other time that the
4juvenile is not under immediate adult supervision, for participation in the social,
5behavioral, academic, community service, and other programming of the center.
6Section 938.34 (5g) applies to any community service work performed by a juvenile
7under this subsection.
SB55-SSA1-CA1, s. 3893t 8Section 3893t. 938.34 (7j) of the statutes is created to read:
SB55-SSA1-CA1,969,149 938.34 (7j) Youth report center. Order the juvenile to report to a youth report
10center after school, in the evening, on weekends, on other nonschool days, or at any
11other time that the juvenile is not under immediate adult supervision, for
12participation in the social, behavioral, academic, community service, and other
13programming of the center. Subsection (5g) applies to any community service work
14performed by a juvenile under this subsection.
SB55-SSA1-CA1, s. 3894s 15Section 3894s. 938.342 (1d) (c) of the statutes is created to read:
SB55-SSA1-CA1,969,2116 938.342 (1d) (c) Order the person to report to a youth report center after school,
17in the evening, on weekends, on other nonschool days, or at any other time that the
18person is not under immediate adult supervision, for participation in the social,
19behavioral, academic, community service, and other programming of the center.
20Section 938.34 (5g) applies to any community service work performed by a person
21under this paragraph.
SB55-SSA1-CA1, s. 3894t 22Section 3894t. 938.342 (1g) (k) of the statutes is created to read:
SB55-SSA1-CA1,970,323 938.342 (1g) (k) Order the person to report to a youth report center after school,
24in the evening, on weekends, on other nonschool days, or at any other time that the
25juvenile is not under immediate adult supervision, for participation in the social,

1behavioral, academic, community service, and other programming of the center.
2Section 938.34 (5g) applies to any community service work performed by a person
3under this paragraph.
SB55-SSA1-CA1, s. 3895f 4Section 3895f. 938.343 (3m) of the statutes is created to read:
SB55-SSA1-CA1,970,105 938.343 (3m) Order the juvenile to report to a youth report center after school,
6in the evening, on weekends, on other nonschool days, or at any other time that the
7juvenile is not under immediate adult supervision, for participation in the social,
8behavioral, academic, community service, and other programming of the center.
9Section 938.34 (5g) applies to any community service work performed by a juvenile
10under this subsection.
SB55-SSA1-CA1, s. 3895j 11Section 3895j. 938.344 (2g) (a) 5. of the statutes is created to read:
SB55-SSA1-CA1,970,1712 938.344 (2g) (a) 5. Report to a youth report center after school, in the evening,
13on weekends, on other nonschool days, or at any other time that the juvenile is not
14under immediate adult supervision, for participation in the social, behavioral,
15academic, community service, and other programming of the center. Section 938.34
16(5g) applies to any community service work performed by a juvenile under this
17subdivision.
SB55-SSA1-CA1, s. 3897v 18Section 3897v. 938.355 (6) (d) 5. of the statutes is created to read:
SB55-SSA1-CA1,970,2319 938.355 (6) (d) 5. Participation after school, in the evening, on weekends, on
20other nonschool days, or at any other time that the juvenile is not under immediate
21adult supervision, in the social, behavioral, academic, community service, and other
22programming of a youth report center. Subdivision 4. and s. 938.34 (5g) apply to any
23community service work performed by a juvenile under this subdivision.".
SB55-SSA1-CA1,970,24 241518. Page 1223, line 7: after that line insert:
SB55-SSA1-CA1,971,2
1" Section 3894. 938.34 (8) of the statutes, as affected by 1999 Wisconsin Act
2185
, is amended to read:
SB55-SSA1-CA1,971,243 938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that
4this disposition is in the best interest of the juvenile and in aid of rehabilitation. The
5maximum forfeiture that the court may impose under this subsection for a violation
6by a juvenile is the maximum amount of the fine that may be imposed on an adult
7for committing that violation or, if the violation is applicable only to a person under
818 years of age, $100. Any such order shall include a finding that the juvenile alone
9is financially able to pay the forfeiture and shall allow up to 12 months for payment.
10If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order
11other alternatives under this section, in accordance with the conditions specified in
12this chapter; or the court may suspend any license issued under ch. 29 for not less
13than 30 days nor more than 5 years, or, unless the forfeiture was imposed for
14violating an ordinance unrelated to the juvenile's operation of a motor vehicle, may

15suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more
16than 2 years. If the court suspends any license under this subsection, the clerk of the
17court shall immediately take possession of the suspended license and forward it to
18the department which issued the license, together with a notice of suspension clearly
19stating that the suspension is for failure to pay a forfeiture imposed by the court. If
20the forfeiture is paid during the period of suspension, the suspension shall be reduced
21to the time period which has already elapsed and the court shall immediately notify
22the department which shall then return the license to the juvenile. Any recovery
23under this subsection shall be reduced by the amount recovered as a forfeiture for
24the same act under s. 938.45 (1r) (b).
SB55-SSA1-CA1, s. 3895
1Section 3895. 938.343 (2) of the statutes, as affected by 1999 Wisconsin Act
2185
, is amended to read:
SB55-SSA1-CA1,972,173 938.343 (2) Impose a forfeiture not to exceed the maximum forfeiture that may
4be imposed on an adult for committing that violation or, if the violation is only
5applicable to a person under 18 years of age, $50. Any such order shall include a
6finding that the juvenile alone is financially able to pay and shall allow up to 12
7months for the payment. If a juvenile fails to pay the forfeiture, the court may
8suspend any license issued under ch. 29 or, unless the forfeiture was imposed for
9violating an ordinance unrelated to the juvenile's operation of a motor vehicle, may

10suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less
11more than 2 years. The court shall immediately take possession of the suspended
12license and forward it to the department which issued the license, together with the
13notice of suspension clearly stating that the suspension is for failure to pay a
14forfeiture imposed by the court. If the forfeiture is paid during the period of
15suspension, the court shall immediately notify the department, which will thereupon
16return the license to the person. Any recovery under this subsection shall be reduced
17by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).".
SB55-SSA1-CA1,972,18 181519. Page 1223, line 7: after that line insert:
SB55-SSA1-CA1,972,19 19" Section 3897. 938.355 (2) (b) 6m. of the statutes is created to read:
SB55-SSA1-CA1,973,220 938.355 (2) (b) 6m. If the juvenile is placed outside the home in a placement
21recommended by the agency designated under s. 938.33 (1), a statement that the
22court approves the placement recommended by the agency or, if the juvenile is placed
23outside the home in a placement other than a placement recommended by that
24agency, a statement that the court has given bona fide consideration to the

1recommendations made by the agency and all parties relating to the juvenile's
2placement.".
SB55-SSA1-CA1,973,3 31520. Page 1223, line 20: after that line insert:
SB55-SSA1-CA1,973,4 4" Section 3900k. 938.355 (6m) (a) (intro.) of the statutes is amended to read:
SB55-SSA1-CA1,973,175 938.355 (6m) (a) (intro.) If the court finds by a preponderance of the evidence
6that a juvenile who has been found to have violated a municipal ordinance enacted
7under s. 118.163 (2) or who has been found to be in need of protection or services
8under s. 938.13 (6) has violated a condition specified under sub. (2) (b) 7., the court
9may order as a sanction any combination of the sanctions specified in subds.1g. to
103. 4. and the dispositions specified in s. 938.342 (1g) (d) to (j) and (1m), regardless of
11whether the disposition was imposed in the order violated by the juvenile, if at the
12dispositional hearing under s. 938.335 the court explained those conditions to the
13juvenile and informed the juvenile of the possible sanctions under this paragraph for
14a violation or if before the violation the juvenile has acknowledged in writing that
15he or she has read, or has had read to him or her, those conditions and possible
16sanctions and that he or she understands those conditions and possible sanctions.
17The court may order as a sanction under this paragraph any of the following:
SB55-SSA1-CA1, s. 3900n 18Section 3900n. 938.355 (6m) (a) 4. of the statutes is created to read:
SB55-SSA1-CA1,973,2319 938.355 (6m) (a) 4. Participation after school, in the evening, on weekends, on
20other nonschool days, or at any other time that the juvenile is not under immediate
21adult supervision, in the social, behavioral, academic, community service, and other
22programming of a youth report center. Subdivision 2. and s. 938.34 (5g) apply to any
23community service work performed by a juvenile under this subdivision.
SB55-SSA1-CA1, s. 3900p 24Section 3900p. 938.355 (6m) (ag) of the statutes is amended to read:
SB55-SSA1-CA1,974,12
1938.355 (6m) (ag) If the court finds by a preponderance of the evidence that a
2juvenile who has been found to have violated a municipal ordinance enacted under
3s. 118.163 (1m) has violated a condition specified under sub. (2) (b) 7., the court may
4order as a sanction any combination of the operating privilege suspension specified
5in par. (a) and the dispositions specified in s. 938.342 (1g) (b) to (j) (k) and (1m),
6regardless of whether the disposition was imposed in the order violated by the
7juvenile, if at the dispositional hearing under s. 938.335 the court explained those
8conditions to the juvenile and informed the juvenile of the possible sanctions under
9this paragraph for a violation or if before the violation the juvenile has acknowledged
10in writing that he or she has read, or has had read to him or her, those conditions and
11possible sanctions and that he or she understands those conditions and possible
12sanctions.".
SB55-SSA1-CA1,974,13 131521. Page 1223, line 20: after that line insert:
SB55-SSA1-CA1,974,14 14" Section 3901. 938.357 (2v) of the statutes is created to read:
SB55-SSA1-CA1,974,2315 938.357 (2v) If a hearing is held under sub. (1) or (2m) and the change in
16placement would place the juvenile outside the home in a placement recommended
17by the person or agency primarily responsible for implementing the dispositional
18order, the change in placement order shall include a statement that the court
19approves the placement recommended by the person or agency or, if the juvenile is
20placed outside the home in a placement other than a placement recommended by that
21person or agency, a statement that the court has given bona fide consideration to the
22recommendations made by that person or agency and all parties relating to the
23juvenile's placement.".
SB55-SSA1-CA1,974,24 241522. Page 1224, line 14: before that line insert:
SB55-SSA1-CA1,975,1
1" Section 3908g. 938.46 of the statutes is amended to read:
SB55-SSA1-CA1,975,8 2938.46 New evidence. A juvenile whose status is adjudicated by the court
3under this chapter, or the juvenile's parent, guardian or legal custodian, may at any
4time within one year after the entering of the court's order petition the court for a
5rehearing on the ground that new evidence has been discovered affecting the
6advisability of the court's original adjudication. Upon a showing that such evidence
7does exist, the court shall order a new hearing. This section does not apply to motions
8made under s. 974.07 (2).
".
SB55-SSA1-CA1,975,9 91523. Page 1224, line 13: delete that line.
SB55-SSA1-CA1,975,10 101524. Page 1226, line 12: delete lines 12 to 25.
SB55-SSA1-CA1,975,11 111525. Page 1227, line 1: delete lines 1 to 25.
SB55-SSA1-CA1,975,12 121526. Page 1228, line 1: delete lines 1 to 24.
SB55-SSA1-CA1,975,13 131527. Page 1229, line 1: delete lines 1 to 25.
SB55-SSA1-CA1,975,14 141528. Page 1230, line 1: delete lines 1 to 21 and substitute:
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