Amendment SA2-SSA1-SB55

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.

SB55-SSA1-SA2, s. 3897v Section 3897v. 938.355 (6) (d) 5. of the statutes is created to read:

SB55-SSA1-SA2,621,5 938.355 (6) (d) 5. 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 4. and s. 938.34 (5g) apply to any community service work performed by a juvenile under this subdivision.".

SB55-SSA1-SA2,621,6 1327. Page 1223, line 8: delete lines 8 to 20.

SB55-SSA1-SA2,621,7 1328. Page 1223, line 20: after that line insert:

SB55-SSA1-SA2,621,8 " Section 3900k. 938.355 (6m) (a) (intro.) of the statutes is amended to read:

SB55-SSA1-SA2,621,21 938.355 (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-SA2, s. 3900n Section 3900n. 938.355 (6m) (a) 4. of the statutes is created to read:

SB55-SSA1-SA2,622,3 938.355 (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-SA2, s. 3900p Section 3900p. 938.355 (6m) (ag) of the statutes is amended to read:

SB55-SSA1-SA2,622,16 938.355 (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-SA2,622,17 1329. Page 1224, line 13: after that line insert:

SB55-SSA1-SA2,622,19 " Section 3908r. 938.46 of the statutes is renumbered 938.46 (1) and amended to read:

SB55-SSA1-SA2,623,2 938.46 (1) A juvenile Except as provided in sub. (2), 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.

SB55-SSA1-SA2, s. 3908s Section 3908s. 938.46 (2) of the statutes is created to read:

SB55-SSA1-SA2,623,8 938.46 (2) If a juvenile is adjudged delinquent under s. 938.12, the juvenile or the juvenile's parent, guardian, or legal custodian, may at any time 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.

SB55-SSA1-SA2, s. 3908t Section 3908t. 938.46 (3) of the statutes is created to read:

SB55-SSA1-SA2,623,10 938.46 (3) This section does not apply to motions made under s. 974.07 (2).".

SB55-SSA1-SA2,623,11 1330. Page 1224, line 13: delete that line.

SB55-SSA1-SA2,623,12 1331. Page 1225, line 21: delete lines 21 to 25.

SB55-SSA1-SA2,623,13 1332. Page 1226, line 1: delete lines 1 to 25.

SB55-SSA1-SA2,623,14 1333. Page 1227, line 1: delete lines 1 to 25.

SB55-SSA1-SA2,623,15 1334. Page 1228, line 1: delete lines 1 to 24.

SB55-SSA1-SA2,623,16 1335. Page 1229, line 1: delete lines 1 to 25.

SB55-SSA1-SA2,623,17 1336. Page 1230, line 1: delete lines 1 to 25.

SB55-SSA1-SA2,623,18 1337. Page 1231, line 1: delete lines 1 to 6.

SB55-SSA1-SA2,623,19 1338. Page 1231, line 6: after that line insert:

SB55-SSA1-SA2,623,20 " Section 3928r. 938.78 (2) (e) of the statutes is amended to read:

SB55-SSA1-SA2,624,6 938.78 (2) (e) Paragraph (a) does not prohibit the department from disclosing information about an individual adjudged delinquent under s. 938.183 or 938.34 for a sexually violent offense, as defined in s. 980.01 (6), to the department of justice, or a district attorney or a judge acting under ch. 980 or to an attorney who represents a person subject to a petition under ch. 980. The court in which the petition under s. 980.02 is filed or, if an action filed under s. 980.02 is transferred to another court under s. 980.02 (6), the court to which the action is transferred, may issue any protective orders that it determines are appropriate concerning information disclosed under this paragraph.".

SB55-SSA1-SA2,624,7 1339. Page 1231, line 7: delete lines 7 to 11.

SB55-SSA1-SA2,624,9 1340. Page 1231, line 12: delete the material beginning with that line and ending with page 1232, line 7.

SB55-SSA1-SA2,624,11 1341. Page 1232, line 19: delete the material beginning with that line and ending with page 1233, line 13, and substitute:

SB55-SSA1-SA2,624,12 " Section 3936c. 939.74 (2d) of the statutes is created to read:

SB55-SSA1-SA2,624,15 939.74 (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-SA2,625,2 (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, if there is probable cause to believe that the biological material was left by the person at the time the violation was committed.

SB55-SSA1-SA2,625,13 (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, if there is probable cause to believe that the biological material was left by the person at the time the violation was committed.".

SB55-SSA1-SA2,625,15 1342. Page 1241, line 19: delete the material beginning with that line and ending with page 1243, line 18, and substitute:

SB55-SSA1-SA2,625,16 " Section 3956f. 944.205 (2) (a) of the statutes is amended to read:

SB55-SSA1-SA2,626,2 944.205 (2) (a) Takes a photograph or makes a motion picture, videotape, or other visual representation or reproduction that depicts nudity without the knowledge and consent of the person who is depicted nude while that person is nude in a place and circumstance in which he or she has a reasonable expectation of privacy, if the person taking the photograph or making the motion picture, videotape, or other visual representation knows or has reason to know that the person who is depicted nude does not know of and consent to the taking or making of the photograph or the making of the motion picture, videotape, or other visual representation or reproduction.

SB55-SSA1-SA2, s. 3956h Section 3956h. 944.205 (2) (am) of the statutes is created to read:

SB55-SSA1-SA2,626,8 944.205 (2) (am) Makes a reproduction of a photograph, motion picture, videotape, or other visual representation that the person knows or has reason to know was made in violation of par. (a) and that depicts the nudity depicted in the representation made in violation of par. (a), if the person depicted nude in the reproduction did not consent to the making of the reproduction.

SB55-SSA1-SA2, s. 3957f Section 3957f. 944.205 (2) (b) of the statutes is amended to read:

SB55-SSA1-SA2,626,18 944.205 (2) (b) Possesses or distributes a photograph, motion picture, videotape, or other visual representation or reproduction that depicts nudity and that was taken or made without the knowledge and consent of the person who is depicted nude in violation of par. (a) or (am), if the person possessing or distributing the representation or reproduction knows or has reason to know that the photograph, motion picture, videotape, or other visual representation or reproduction was taken or made without the knowledge and consent of the person who is depicted nude in violation of par. (a) or (am) and if the person who is depicted nude in the representation or reproduction did not consent to the possession or distribution.

SB55-SSA1-SA2, s. 3958f Section 3958f. 944.205 (3) of the statutes is amended to read:

SB55-SSA1-SA2,626,25 944.205 (3) Notwithstanding sub. (2) (a), (am), and (b), if the person in a photograph, motion picture, videotape, or other visual representation or reproduction is a child and the taking of the photograph or the making, possession, or distribution of the photograph, motion picture, videotape, or other visual representation or reproduction does not violate s. 948.05 or 948.12, a parent, guardian, or legal custodian of the child may do any of the following:

SB55-SSA1-SA2,627,3 (a) Make Take and possess the photograph or make and possess the photograph, motion picture, videotape, or other visual representation reproduction of the child.

SB55-SSA1-SA2,627,6 (b) Distribute a photograph, taken or possessed, or a motion picture, videotape or other visual representation or reproduction made or possessed, under par. (a) if the distribution is not for commercial purposes.".

SB55-SSA1-SA2,627,7 1343. Page 1250, line 5: after that line insert:

SB55-SSA1-SA2,627,8 " Section 3984j. 950.04 (1v) (s) of the statutes is amended to read:

SB55-SSA1-SA2,627,14 950.04 (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.".