Amendment SA2-SSA1-SB55

SB55-SSA1-SA2, s. 3853m Section 3853m. 885.37 (5) (a) of the statutes is amended to read:

SB55-SSA1-SA2,610,7 885.37 (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-SA2, s. 3860m Section 3860m. 885.38 of the statutes is created to read:

SB55-SSA1-SA2,610,9 885.38 Interpreters in circuit and appellate courts. (1) In this section:

SB55-SSA1-SA2,610,10 (a) "Court proceeding" means any proceeding before a court of record.

SB55-SSA1-SA2,610,11 (b) "Limited English proficiency" means any of the following:

SB55-SSA1-SA2,610,13 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-SA2,610,16 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-SA2,610,17 (c) "Qualified interpreter" means a person who is able to do all of the following:

SB55-SSA1-SA2,610,18 1. Readily communicate with a person who has limited English proficiency.

SB55-SSA1-SA2,610,21 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-SA2,610,25 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-SA2,611,4 (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-SA2,611,9 (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 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-SA2,611,10 1. A party in interest.

SB55-SSA1-SA2,611,11 2. A witness, while testifying in a court proceeding.

SB55-SSA1-SA2,611,12 3. An alleged victim, as defined in s. 950.02 (4).

SB55-SSA1-SA2,611,14 4. A parent or legal guardian of a minor party in interest or the legal guardian of a party in interest.

SB55-SSA1-SA2,611,16 5. Another person affected by the proceedings, if the court determines that the appointment is necessary and appropriate.

SB55-SSA1-SA2,611,18 (b) The court may appoint more than one qualified interpreter in a court proceeding when necessary.

SB55-SSA1-SA2,611,21 (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-SA2,611,24 (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-SA2,612,4 (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-SA2,612,9 (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-SA2,612,12 (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-SA2,612,16 (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-SA2,612,19 (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-SA2,612,22 (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-SA2,612,25 (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-SA2,613,4 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-SA2,613,6 2. The court of appeals shall pay the expenses in all proceedings before the court of appeals.

SB55-SSA1-SA2,613,8 3. The supreme court shall pay the expenses in all proceedings before the supreme court.

SB55-SSA1-SA2,613,11 (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-SA2,613,13 1310. Page 1216, line 11: delete the material beginning with that line and ending with page 1217, line 25.

SB55-SSA1-SA2,613,14 1311. Page 1218, line 8: after that line insert:

SB55-SSA1-SA2,613,15 " Section 3862y. 895.035 (2m) (c) of the statutes is amended to read:

SB55-SSA1-SA2,614,8 895.035 (2m) (c) The court assigned to exercise jurisdiction under chs. 48 and 938 may order that the juvenile perform community service work for a public agency or nonprofit charitable organization that is designated by the court in lieu of making restitution or paying the forfeiture or surcharge. If the parent agrees to perform community service work in lieu of making restitution or paying the forfeiture or surcharge, the court may order that the parent perform community service work for a public agency or a nonprofit charitable organization that is designated by the court. Community service work may be in lieu of restitution only if also agreed to by the public agency or nonprofit charitable organization and by the person to whom restitution is owed. The court may utilize any available resources, including any community service work program, in ordering the juvenile or parent to perform community service work. The number of hours of community service work required may not exceed the number determined by dividing the amount owed on the restitution, forfeiture, or surcharge by the minimum wage established under ch. 104 for adults in nonagriculture, nontipped employment s. 104.035 (2). The court shall ensure that the juvenile or parent is provided with a written statement of the terms of the community service order and that the community service order is monitored.".

SB55-SSA1-SA2,614,9 1312. Page 1219, line 4: after that line insert:

SB55-SSA1-SA2,614,10 " Section 3871c. 895.59 of the statutes is created to read:

SB55-SSA1-SA2,614,12 895.59 Liability exemption; outdoor lighting. Outdoor lighting may not be found to be a nuisance or trespass if all of the following apply:

SB55-SSA1-SA2,614,14 (1) The outdoor lighting complies with the guidelines promulgated under s. 101.815 (1).

SB55-SSA1-SA2,614,16 (2) The outdoor lighting meets the requirements for self-certification under s. 101.815 (2).

SB55-SSA1-SA2,614,18 (3) The outdoor lighting does not present a substantial threat to public health or safety.".

SB55-SSA1-SA2,614,19 1313. Page 1219, line 9: substitute "885.38 (1) (b)," for "885.37 (1g),".

SB55-SSA1-SA2,614,20 1314. Page 1219, line 15: after that line insert:

SB55-SSA1-SA2,614,21 " Section 3872v. 908.03 (6m) (b) (intro.) of the statutes is amended to read:

SB55-SSA1-SA2,615,2 908.03 (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-SA2,615,3 1315. Page 1219, line 15: after that line insert:

SB55-SSA1-SA2,615,4 " Section 3872x. 908.03 (6m) (d) of the statutes is amended to read:

SB55-SSA1-SA2,615,12 908.03 (6m) (d) Fees. The Before July 1, 2002, 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 state 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-SA2, s. 3872y Section 3872y. 908.03 (6m) (d) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-SSA1-SA2,615,24 908.03 (6m) (d) Fees. Before July 1 After June 30, 2002 the department of health and family services shall, by rule, prescribe uniform fees that are based on an approximation of actual costs. The fees, plus applicable state tax, are the maximum amount that a health care provider may charge 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 For duplicate patient health care records and duplicate X-ray reports or the referral of X-rays to another health care provider that are requested before commencement of an action, s. 146.83 (1) (b) and (c) and (3m) applies.".

SB55-SSA1-SA2,616,1 1316. Page 1219, line 16: delete lines 16 to 21.

SB55-SSA1-SA2,616,2 1317. Page 1219, line 21: after that line insert:

SB55-SSA1-SA2,616,3 " Section 3878e. 938.17 (2) (h) 1. of the statutes is amended to read:

SB55-SSA1-SA2,616,17 938.17 (2) (h) 1. If a juvenile who has violated a municipal ordinance, other than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition of his or her dispositional order, the municipal court may impose on the juvenile any of the sanctions specified in s. 938.355 (6) (d) 2. to 4. 5. that are authorized under par. (cm) except for monitoring by an electronic monitoring system or may petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the juvenile the sanction specified in s. 938.355 (6) (d) 1. or home detention with monitoring by an electronic monitoring system as specified in s. 938.355 (6) (d) 3., if authorized under par. (cm), if at the time of judgment the court explained the conditions to the juvenile and informed the juvenile of the possible sanctions under s. 938.355 (6) (d) that are authorized under par. (cm) 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-SA2,616,18 1318. Page 1219, line 22: delete lines 22 to 25.

SB55-SSA1-SA2,616,19 1319. Page 1220, line 1: delete lines 1 to 7 and substitute:

SB55-SSA1-SA2,616,20 " Section 3879d. 938.183 (3) of the statutes is amended to read:

SB55-SSA1-SA2,617,5 938.183 (3) When a juvenile who is subject to a criminal penalty under sub. (1m) or (2) attains the age of 17 years, the department may place the juvenile in a state prison named in s. 302.01, except that the department may not place any person under the age of 18 years in the correctional institution authorized in s. 301.16 (1n). If a juvenile who is subject to a criminal penalty under sub. (1m) or (2) is 15 years of age or over, the department may transfer the juvenile to the Racine youthful offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d). A juvenile who is subject to a criminal penalty under sub. (1m) or (2) for an act committed before December 31, 1999, is eligible for parole under s. 304.06.".

SB55-SSA1-SA2,617,6 1320. Page 1220, line 8: delete lines 8 to 25.

SB55-SSA1-SA2,617,7 1321. Page 1221, line 1: delete lines 1 to 25.

SB55-SSA1-SA2,617,8 1322. Page 1222, line 1: delete lines 1 to 25.

SB55-SSA1-SA2,617,9 1323. Page 1223, line 1: delete lines 1 to 4.

SB55-SSA1-SA2,617,10 1324. Page 1223, line 4: after that line insert:

SB55-SSA1-SA2,617,11 " Section 3889e. 938.245 (2) (a) 9m. of the statutes is created to read:

SB55-SSA1-SA2,617,17 938.245 (2) (a) 9m. That the juvenile report to a youth report center 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, for participation in the social, behavioral, academic, community service, and other programming of the center. Section 938.34 (5g) applies to any community service work performed by a juvenile under this subdivision.

SB55-SSA1-SA2, s. 3889g Section 3889g. 938.245 (5) of the statutes is amended to read:

SB55-SSA1-SA2,617,21 938.245 (5) A deferred prosecution agreement under sub. (2) (a) 1. to 8., (2g) or (2v). may be terminated upon the request of the juvenile, parent, guardian, or legal custodian.".

SB55-SSA1-SA2,617,22 1325. Page 1223, line 4: after that line insert:

SB55-SSA1-SA2,617,23 " Section 3889p. 938.293 (2) of the statutes is amended to read:

SB55-SSA1-SA2,618,11 938.293 (2) All records relating to a juvenile which are relevant to the subject matter of a proceeding under this chapter shall be open to inspection by a guardian ad litem or counsel for any party, upon demand and upon presentation of releases where necessary, at least 48 hours before the proceeding. Persons entitled to inspect the records may obtain copies of the records with the permission of the custodian of the records or with the permission of the court. The court may instruct counsel not to disclose specified items in the materials to the juvenile or the parent if the court reasonably believes that the disclosure would be harmful to the interests of the juvenile. Sections Section 971.23 and 972.11 (5) shall be applicable in all delinquency proceedings under this chapter, except that the court shall establish the timetable for the disclosures required under ss. s. 971.23 (1), (2m) and, (8), and 972.11 (5) (9).

SB55-SSA1-SA2, s. 3889r Section 3889r. 938.299 (4) (a) of the statutes is amended to read:

SB55-SSA1-SA2,618,15 938.299 (4) (a) Chapters 901 to 911 govern the presentation of evidence at the fact-finding hearing under s. 938.31. Section 972.11 (5) applies at fact-finding proceedings in all delinquency proceedings under this chapter.".

SB55-SSA1-SA2,618,16 1326. Page 1223, line 7: after that line insert:

SB55-SSA1-SA2,618,17 " Section 3890e. 938.32 (1) (a) of the statutes is amended to read:

SB55-SSA1-SA2,619,5 938.32 (1) (a) At any time after the filing of a petition for a proceeding relating to s. 938.12 or 938.13 and before the entry of judgment, the judge or juvenile court commissioner may suspend the proceedings and place the juvenile under supervision in the juvenile's own home or present placement. The court may establish terms and conditions applicable to the parent, guardian, or legal custodian, and to the juvenile, including any of the conditions specified in subs. (1d), (1g), (1m), (1p), (1t), (1v), and (1x). The order under this section shall be known as a consent decree and must be agreed to by the juvenile; the parent, guardian, or legal custodian; and the person filing the petition under s. 938.25. If the consent decree includes any conditions specified in sub. (1g), the consent decree shall include provisions for payment of the services as specified in s. 938.361. The consent decree shall be reduced to writing and given to the parties.

SB55-SSA1-SA2, s. 3890g Section 3890g. 938.32 (1p) of the statutes is created to read:

SB55-SSA1-SA2,619,13 938.32 (1p) The judge or juvenile court commissioner may establish as a condition under sub. (1) that the juvenile report to a youth report center 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, for participation in the social, behavioral, academic, community service, and other programming of the center. Section 938.34 (5g) applies to any community service work performed by a juvenile under this subsection.

SB55-SSA1-SA2, s. 3893t Section 3893t. 938.34 (7j) of the statutes is created to read:

SB55-SSA1-SA2,619,20 938.34 (7j) Youth report center. Order the juvenile to report to a youth report center 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, for participation in the social, behavioral, academic, community service, and other programming of the center. Subsection (5g) applies to any community service work performed by a juvenile under this subsection.

SB55-SSA1-SA2, s. 3894s Section 3894s. 938.342 (1d) (c) of the statutes is created to read:

SB55-SSA1-SA2,620,2 938.342 (1d) (c) Order the person to report to a youth report center after school, in the evening, on weekends, on other nonschool days, or at any other time that the person is not under immediate adult supervision, for participation in the social, behavioral, academic, community service, and other programming of the center. Section 938.34 (5g) applies to any community service work performed by a person under this paragraph.

SB55-SSA1-SA2, s. 3894t Section 3894t. 938.342 (1g) (k) of the statutes is created to read:

SB55-SSA1-SA2,620,9 938.342 (1g) (k) Order the person to report to a youth report center 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, for participation in the social, behavioral, academic, community service, and other programming of the center. Section 938.34 (5g) applies to any community service work performed by a person under this paragraph.

SB55-SSA1-SA2, s. 3895f Section 3895f. 938.343 (3m) of the statutes is created to read:

SB55-SSA1-SA2,620,16 938.343 (3m) Order the juvenile to report to a youth report center 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, for participation in the social, behavioral, academic, community service, and other programming of the center. Section 938.34 (5g) applies to any community service work performed by a juvenile under this subsection.

SB55-SSA1-SA2, s. 3895j Section 3895j. 938.344 (2g) (a) 5. of the statutes is created to read:

SB55-SSA1-SA2,620,23 938.344 (2g) (a) 5. Report to a youth report center 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, for participation in the social, behavioral, academic, community service, and other programming of the center. Section 938.34 (5g) applies to any community service work performed by a juvenile under this subdivision.