Amendment CA1-SSA1-SB55

SB55-SSA1-CA1, s. 3895 Section 3895. 938.343 (2) of the statutes, as affected by 1999 Wisconsin Act 185, is amended to read:

SB55-SSA1-CA1,972,17 938.343 (2) Impose a forfeiture not to exceed the maximum forfeiture that may be imposed on an adult for committing that violation or, if the violation is only applicable to a person under 18 years of age, $50. Any such order shall include a finding that the juvenile alone is financially able to pay and shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture, the court may suspend any license issued under ch. 29 or, unless the forfeiture was imposed for violating an ordinance unrelated to the juvenile's operation of a motor vehicle, may suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less more than 2 years. The court shall immediately take possession of the suspended license and forward it to the department which issued the license, together with the notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which will thereupon return the license to the person. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).".

SB55-SSA1-CA1,972,18 1519. Page 1223, line 7: after that line insert:

SB55-SSA1-CA1,972,19 " Section 3897. 938.355 (2) (b) 6m. of the statutes is created to read:

SB55-SSA1-CA1,973,2 938.355 (2) (b) 6m. If the juvenile is placed outside the home in a placement recommended by the agency designated under s. 938.33 (1), a statement that the court approves the placement recommended by the agency or, if the juvenile is placed outside the home in a placement other than a placement recommended by that agency, a statement that the court has given bona fide consideration to the recommendations made by the agency and all parties relating to the juvenile's placement.".

SB55-SSA1-CA1,973,3 1520. Page 1223, line 20: after that line insert:

SB55-SSA1-CA1,973,4 " Section 3900k. 938.355 (6m) (a) (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,973,17 938.355 (6m) (a) (intro.) If the court finds by a preponderance of the evidence that a juvenile who has been found to have violated a municipal ordinance enacted under s. 118.163 (2) or who has been found to be in need of protection or services under s. 938.13 (6) has violated a condition specified under sub. (2) (b) 7., the court may order as a sanction any combination of the sanctions specified in subds.1g. to 3. 4. and the dispositions specified in s. 938.342 (1g) (d) to (j) and (1m), regardless of whether the disposition was imposed in the order violated by the juvenile, if at the dispositional hearing under s. 938.335 the court explained those conditions to the juvenile and informed the juvenile of the possible sanctions under this paragraph for a violation or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions. The court may order as a sanction under this paragraph any of the following:

SB55-SSA1-CA1, s. 3900n Section 3900n. 938.355 (6m) (a) 4. of the statutes is created to read:

SB55-SSA1-CA1,973,23 938.355 (6m) (a) 4. Participation after school, in the evening, on weekends, on other nonschool days, or at any other time that the juvenile is not under immediate adult supervision, in the social, behavioral, academic, community service, and other programming of a youth report center. Subdivision 2. and s. 938.34 (5g) apply to any community service work performed by a juvenile under this subdivision.

SB55-SSA1-CA1, s. 3900p Section 3900p. 938.355 (6m) (ag) of the statutes is amended to read:

SB55-SSA1-CA1,974,12 938.355 (6m) (ag) If the court finds by a preponderance of the evidence that a juvenile who has been found to have violated a municipal ordinance enacted under s. 118.163 (1m) has violated a condition specified under sub. (2) (b) 7., the court may order as a sanction any combination of the operating privilege suspension specified in par. (a) and the dispositions specified in s. 938.342 (1g) (b) to (j) (k) and (1m), regardless of whether the disposition was imposed in the order violated by the juvenile, if at the dispositional hearing under s. 938.335 the court explained those conditions to the juvenile and informed the juvenile of the possible sanctions under this paragraph for a violation or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions.".

SB55-SSA1-CA1,974,13 1521. Page 1223, line 20: after that line insert:

SB55-SSA1-CA1,974,14 " Section 3901. 938.357 (2v) of the statutes is created to read:

SB55-SSA1-CA1,974,23 938.357 (2v) If a hearing is held under sub. (1) or (2m) and the change in placement would place the juvenile outside the home in a placement recommended by the person or agency primarily responsible for implementing the dispositional order, the change in placement order shall include a statement that the court approves the placement recommended by the person or agency or, if the juvenile is placed outside the home in a placement other than a placement recommended by that person or agency, a statement that the court has given bona fide consideration to the recommendations made by that person or agency and all parties relating to the juvenile's placement.".

SB55-SSA1-CA1,974,24 1522. Page 1224, line 14: before that line insert:

SB55-SSA1-CA1,975,1 " Section 3908g. 938.46 of the statutes is amended to read:

SB55-SSA1-CA1,975,8 938.46 New evidence. A juvenile whose status is adjudicated by the court under this chapter, or the juvenile's parent, guardian or legal custodian, may at any time within one year after the entering of the court's order petition the court for a rehearing on the ground that new evidence has been discovered affecting the advisability of the court's original adjudication. Upon a showing that such evidence does exist, the court shall order a new hearing. This section does not apply to motions made under s. 974.07 (2).".

SB55-SSA1-CA1,975,9 1523. Page 1224, line 13: delete that line.

SB55-SSA1-CA1,975,10 1524. Page 1226, line 12: delete lines 12 to 25.

SB55-SSA1-CA1,975,11 1525. Page 1227, line 1: delete lines 1 to 25.

SB55-SSA1-CA1,975,12 1526. Page 1228, line 1: delete lines 1 to 24.

SB55-SSA1-CA1,975,13 1527. Page 1229, line 1: delete lines 1 to 25.

SB55-SSA1-CA1,975,14 1528. Page 1230, line 1: delete lines 1 to 21 and substitute:

SB55-SSA1-CA1,975,15 " Section 3921d. 938.538 (4) (a) of the statutes is amended to read:

SB55-SSA1-CA1,976,7 938.538 (4) (a) A participant in the serious juvenile offender program is under the supervision and control of the department, is subject to the rules and discipline of the department and is considered to be in custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 938.19 to 938.21, if a participant violates a condition of his or her participation in the program under sub. (3) (a) 2. to 9. while placed in a Type 2 secured correctional facility the department may, without a hearing, take the participant into custody and return him or her to placement in a Type 1 secured correctional facility, a secured child caring institution or, if the participant is 17 years of age or over, a Type 1 prison, as defined in s. 301.01 (5). Any intentional failure of a participant to remain within the extended limits of his or her placement while participating in the serious juvenile offender program or to return within the time prescribed by the administrator of the division of intensive sanctions in the department is considered an escape under s. 946.42 (3) (c). This paragraph does not preclude a juvenile who has violated a condition of the juvenile's participation in the program under sub. (3) (a) 2. to 9. from being taken into and held in custody under ss. 938.19 to 938.21.".

SB55-SSA1-CA1,976,8 1529. Page 1231, line 7: delete lines 7 to 11.

SB55-SSA1-CA1,976,10 1530. Page 1231, line 12: delete the material beginning with that line and ending with page 1232, line 7.

SB55-SSA1-CA1,976,12 1531. Page 1232, line 19: delete the material beginning with that line and ending with page 1233, line 13, and substitute:

SB55-SSA1-CA1,976,13 " Section 3936c. 939.74 (2d) of the statutes is created to read:

SB55-SSA1-CA1,976,16 939.74 (2d) (a) In this subsection, "deoxyribonucleic acid profile" means an individual's patterned chemical structure of genetic information identified by analyzing biological material that contains the individual's deoxyribonucleic acid.

SB55-SSA1-CA1,977,2 (b) If before the time limitation under sub. (1) expired, the state collected biological material that is evidence of the identity of the person who committed a violation of s. 940.225 (1) or (2), the state identified a deoxyribonucleic acid profile from the biological material, and comparisons of that deoxyribonucleic acid profile to deoxyribonucleic acid profiles of known persons did not result in a probable identification of the person who is the source of the biological material, the state may commence prosecution of the person who is the source of the biological material for violation of s. 940.225 (1) or (2) within 12 months after comparison of the deoxyribonucleic acid profile relating to the violation results in a probable identification of the person.

SB55-SSA1-CA1,977,12 (c) If before the time limitation under sub. (2) (c) expired, the state collected biological material that is evidence of the identity of the person who committed a violation of s. 948.02 (1) or (2) or 948.025, the state identified a deoxyribonucleic acid profile from the biological material, and comparisons of that deoxyribonucleic acid profile to deoxyribonucleic acid profiles of known persons did not result in a probable identification of the person who is the source of the biological material, the state may commence prosecution of the person who is the source of the biological material for violation of s. 948.02 (1) or (2) or 948.025 within 12 months after comparison of the deoxyribonucleic acid profile relating to the violation results in a probable identification of the person.".

SB55-SSA1-CA1,977,13 1532. Page 1236, line 12: after that line insert:

SB55-SSA1-CA1,977,14 " Section 3938r. 942.06 (2m) (b) of the statutes is amended to read:

SB55-SSA1-CA1,977,17 942.06 (2m) (b) An employee or agent of the department of health and family services who conducts a lie detector test of a person under the rules promulgated under s. 51.375.

SB55-SSA1-CA1, s. 3938s Section 3938s. 942.06 (2q) (b) (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,977,22 942.06 (2q) (b) (intro.) An employee or agent of the department of health and family services who discloses, to any of the following, the fact that a person has had a lie detector test under the rules promulgated under s. 51.375 or the results of such a lie detector test:

SB55-SSA1-CA1, s. 3938t Section 3938t. 942.06 (2q) (b) 1. of the statutes is amended to read:

SB55-SSA1-CA1,978,3 942.06 (2q) (b) 1. Another employee or agent of the department of health and family services or another person to whom disclosure is permitted under s. 51.375 (2) (b).".

SB55-SSA1-CA1,978,4 1533. Page 1236, line 12: after that line insert:

SB55-SSA1-CA1,978,5 " Section 3938s. 940.295 (2) (j) of the statutes is amended to read:

SB55-SSA1-CA1,978,8 940.295 (2) (j) The Wisconsin School Educational Services Program for the Deaf and Hard of Hearing under s. 115.52 and the Wisconsin Center for the Blind and Visually Impaired under s. 115.525.".

SB55-SSA1-CA1,978,9 1534. Page 1236, line 17: after that line insert:

SB55-SSA1-CA1,978,10 " Section 3938up. 943.01 (2d) of the statutes is created to read:

SB55-SSA1-CA1,978,14 943.01 (2d) (a) In this subsection, "plant research and development" means research regarding plants or development of plants, if the research or development is undertaken in conjunction or coordination with the state, a federal or local government agency, a university, or a private research facility.

SB55-SSA1-CA1,978,16 (b) Any person violating sub. (1) under all of the following circumstances is guilty of a Class E felony:

SB55-SSA1-CA1,978,19 1. The property damaged is a plant, 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-CA1,978,22 2. The plant referred to in subd. 1. is or was being grown as feed for animals being used or to be used for commercial purposes, for other commercial purposes, or in conjunction with plant research and development.".

SB55-SSA1-CA1,978,23 1535. Page 1241, line 18: after that line insert:

SB55-SSA1-CA1,978,24 " Section 3951n. 943.76 of the statutes is created to read:

SB55-SSA1-CA1,979,4 943.76 Infecting animals with a contagious disease. (1) In this section, "livestock" means cattle, horses, swine, sheep, goats, farm-raised deer, as defined in s. 95.001 (1) (a), and other animals used or to be used in the production of food, fiber, or other commercial products.

SB55-SSA1-CA1,979,6 (2) (a) Whoever intentionally introduces a contagious or infectious disease into livestock without the consent of the owner of the livestock is guilty of a Class C felony.

SB55-SSA1-CA1,979,9 (b) Whoever intentionally introduces a contagious or infectious disease into wild deer without the consent of the department of natural resources is guilty of a Class C felony.".

SB55-SSA1-CA1,979,10 1536. Page 1246, line 4: after "943.01 (2)" insert ", (2d),".

SB55-SSA1-CA1,979,11 1537. Page 1246, line 8: after "943.70" insert ", 943.76".

SB55-SSA1-CA1,979,12 1538. Page 1247, line 23: delete "the character" and substitute "character".

SB55-SSA1-CA1,979,13 1539. Page 1250, line 5: after that line insert:

SB55-SSA1-CA1,979,14 " Section 3984j. 950.04 (1v) (s) of the statutes is amended to read:

SB55-SSA1-CA1,979,20 950.04 (1v) (s) To have any stolen or other personal property expeditiously returned by law enforcement agencies when no longer needed as evidence , subject to s. 968.205. If feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis, property subject to preservation under s. 968.205, and property the ownership of which is disputed, shall be returned to the person within 10 days of being taken.".

SB55-SSA1-CA1,979,21 1540. Page 1250, line 14: after that line insert:

SB55-SSA1-CA1,979,22 " Section 3984p. 950.04 (1v) (yd) of the statutes is created to read:

SB55-SSA1-CA1,980,2 950.04 (1v) (yd) To have the appropriate clerk of court make a reasonable attempt to send the victim a copy of a motion made under s. 974.07 (2) for postconviction deoxyribonucleic acid testing of certain evidence and notification of any hearing on that motion, as provided under s. 974.07 (4).".

SB55-SSA1-CA1,980,3 1541. Page 1250, line 14: after that line insert:

SB55-SSA1-CA1,980,4 " Section 3984t. 951.01 (4) of the statutes is amended to read:

SB55-SSA1-CA1,980,7 951.01 (4) "Law enforcement officer" has the meaning assigned under s. 967.02 (5), but does not include a conservation warden appointed under s. 23.10 or a state forest ranger.".

SB55-SSA1-CA1,980,9 1542. Page 1255, line 22: delete the material beginning with that line and ending with page 1256, line 4.

SB55-SSA1-CA1,980,10 1543. Page 1256, line 5: before that line insert:

SB55-SSA1-CA1,980,11 " Section 3998c. 968.20 (1) (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,980,20 968.20 (1) (intro.) Any person claiming the right to possession of property seized pursuant to a search warrant or seized without a search warrant may apply for its return to the circuit court for the county in which the property was seized or where the search warrant was returned. The court shall order such notice as it deems adequate to be given the district attorney and all persons who have or may have an interest in the property and shall hold a hearing to hear all claims to its true ownership. If the right to possession is proved to the court's satisfaction, it shall order the property, other than contraband or property covered under sub. (1m) or (1r) or s. 173.12 or, 173.21 (4), or 968.205, returned if:

SB55-SSA1-CA1, s. 3998e Section 3998e. 968.20 (2) of the statutes is amended to read:

SB55-SSA1-CA1,981,2 968.20 (2) Property not required for evidence or use in further investigation, unless contraband or property covered under sub. (1m) or (1r) or s. 173.12 or 968.205, may be returned by the officer to the person from whom it was seized without the requirement of a hearing.

SB55-SSA1-CA1, s. 3998g Section 3998g. 968.20 (4) of the statutes is amended to read:

SB55-SSA1-CA1,981,13 968.20 (4) Any property seized, other than property covered under s. 968.205, which that poses a danger to life or other property in storage, transportation or use and which that is not required for evidence or further investigation shall be safely disposed of upon command of the person in whose custody they are committed. The city, village, town or county shall by ordinance or resolution establish disposal procedures. Procedures may include provisions authorizing an attempt to return to the rightful owner substances which have a commercial value in normal business usage and do not pose an immediate threat to life or property. If enacted, any such provision shall include a presumption that if the substance appears to be or is reported stolen an attempt will be made to return the substance to the rightful owner.

SB55-SSA1-CA1, s. 3998i Section 3998i. 968.205 of the statutes is created to read:

SB55-SSA1-CA1,981,15 968.205 Preservation of certain evidence. (1) In this section:

SB55-SSA1-CA1,981,23 (a) "Custody" means actual custody of a person under a sentence of imprisonment, custody of a probationer, parolee, or person on extended supervision by the department of corrections, actual or constructive custody of a person pursuant to a dispositional order under ch. 938, supervision of a person, whether in institutional care or on conditional release, pursuant to a commitment order under s. 971.17 and supervision of a person under ch. 980, whether in detention before trial or while in institutional care or on supervised release pursuant to a commitment order.

SB55-SSA1-CA1,982,3 (b) "Discharge date" means the date on which a person is released or discharged from custody that resulted from a criminal action, a delinquency proceeding under ch. 938, or a commitment proceeding under s. 971.17 or ch. 980 or, if the person is serving consecutive sentences of imprisonment, the date on which the person is released or discharged from custody under all of the sentences.

SB55-SSA1-CA1,982,10 (2) Except as provided in sub. (3), if physical evidence that is in the possession of a law enforcement agency includes any biological material that was collected in connection with a criminal investigation that resulted in a criminal conviction, delinquency adjudication, or commitment under s. 971.17 or 980.06, the law enforcement agency shall preserve the physical evidence until every person in custody as a result of the conviction, adjudication, or commitment has reached his or her discharge date.

SB55-SSA1-CA1,982,13 (3) Subject to sub. (5), a law enforcement agency may destroy biological material before the expiration of the time period specified in sub. (2) if all of the following apply:

SB55-SSA1-CA1,982,17 (a) The law enforcement agency sends a notice of its intent to destroy the biological material to all persons who remain in custody as a result of the criminal conviction, delinquency adjudication, or commitment, and to either the attorney of record for each person in custody or the state public defender.

SB55-SSA1-CA1,982,19 (b) No person who is notified under par. (a) does either of the following within 90 days after the date on which the person received the notice:

SB55-SSA1-CA1,982,20 1. Files a motion for testing of the biological material under s. 974.07 (2).

SB55-SSA1-CA1,982,22 2. Submits a written request to preserve the biological material to the law enforcement agency or district attorney.

SB55-SSA1-CA1,982,24 (c) No other provision of federal or state law requires the law enforcement agency to preserve the biological material.

SB55-SSA1-CA1,983,5 (4) A notice provided under sub. (3) (a) shall clearly inform the recipient that the biological material will be destroyed unless, within 90 days after the date on which the person receives the notice, either a motion for testing of the material is filed under s. 974.07 (2) or a written request to preserve the material is submitted to the law enforcement agency.

SB55-SSA1-CA1,983,12 (5) If, after providing notice under sub. (3) (a) of its intent to destroy biological material, a law enforcement agency receives a written request to preserve the material, the law enforcement agency shall preserve the material until the discharge date of the person who made the request or on whose behalf the request was made, subject to a court order issued under s. 974.07 (7), (9) (a), or (10) (a) 5., unless the court orders destruction or transfer of the biological material under s. 974.07 (9) (b) or (10) (a) 5.