SB441-ASA1, s. 7 12Section 7. 51.30 (3) (b) of the statutes is amended to read:
SB441-ASA1,5,1813 51.30 (3) (b) An individual's attorney or guardian ad litem and the corporation
14counsel shall have access to the files and records of the court proceedings under this
15chapter without the individual's consent and without modification of the records in
16order to prepare for involuntary commitment or recommitment proceedings,
17reexaminations, appeals, or other actions relating to detention, admission, or
18commitment under this chapter or ch. 971 or, 975, or 980.
SB441-ASA1, s. 8 19Section 8. 51.30 (3) (bm) of the statutes is created to read:
SB441-ASA1,6,620 51.30 (3) (bm) The files and records of court proceedings under this chapter
21shall be released to authorized representatives of the department of corrections, the
22department of health and family services, the department of justice, or a district
23attorney for use in the evaluation or prosecution of any proceeding under ch. 980, if
24the files or records involve or relate to an individual who is the subject of or who is
25being evaluated for a proceeding under ch. 980. The court in which the proceeding

1under ch. 980 is pending may issue any protective orders that it determines are
2appropriate concerning information made available or disclosed under this
3paragraph. Any representative of the department of corrections, the department of
4health and family services, the department of justice, or a district attorney may
5disclose information obtained under this paragraph for any purpose consistent with
6any proceeding under ch. 980.
SB441-ASA1, s. 9 7Section 9. 51.30 (4) (b) 8m. of the statutes is amended to read:
SB441-ASA1,6,118 51.30 (4) (b) 8m. To appropriate examiners and facilities in accordance with s.
9971.17 (2) (e), (4) (c), and (7) (c), 980.03 (4) or 980.08 (3). The recipient of any
10information from the records shall keep the information confidential except as
11necessary to comply with s. 971.17 or ch. 980.
SB441-ASA1, s. 10 12Section 10. 51.30 (4) (b) 8s. of the statutes is created to read:
SB441-ASA1,6,2413 51.30 (4) (b) 8s. To appropriate persons in accordance with s. 980.031 (4) and
14to authorized representatives of the department of corrections, the department of
15health and family services, the department of justice, or a district attorney for use
16in the evaluation or prosecution of any proceeding under ch. 980, if the treatment
17records involve or relate to an individual who is the subject of or who is being
18evaluated for a proceeding under ch. 980. The court in which the proceeding under
19ch. 980 is pending may issue any protective orders that it determines are appropriate
20concerning information made available or disclosed under this subdivision. Any
21representative of the department of corrections, the department of health and family
22services, the department of justice, or a district attorney may disclose information
23obtained under this subdivision for any purpose consistent with any proceeding
24under ch. 980.
SB441-ASA1, s. 11 25Section 11. 51.30 (4) (b) 10m. of the statutes is repealed.
SB441-ASA1, s. 12
1Section 12. 51.30 (4) (b) 11. of the statutes is amended to read:
SB441-ASA1,7,62 51.30 (4) (b) 11. To the subject individual's counsel or guardian ad litem and
3the corporation counsel, without modification, at any time in order to prepare for
4involuntary commitment or recommitment proceedings, reexaminations, appeals, or
5other actions relating to detention, admission, commitment, or patients' rights under
6this chapter or ch. 48, 971, or 975, or 980.
SB441-ASA1, s. 13 7Section 13. 51.375 (1) (a) of the statutes is amended to read:
SB441-ASA1,7,118 51.375 (1) (a) "Community placement" means conditional transfer into the
9community under s. 51.35 (1), conditional release under s. 971.17, parole from a
10commitment for specialized treatment under ch. 975, or conditional supervised
11release under ch. 980.
SB441-ASA1, s. 14 12Section 14. 109.09 (1) of the statutes is amended to read:
SB441-ASA1,8,813 109.09 (1) The department shall investigate and attempt equitably to adjust
14controversies between employers and employees as to alleged wage claims. The
15department may receive and investigate any wage claim which is filed with the
16department, or received by the department under s. 109.10 (4), no later than 2 years
17after the date the wages are due. The department may, after receiving a wage claim,
18investigate any wages due from the employer against whom the claim is filed to any
19employee during the period commencing 2 years before the date the claim is filed.
20The department shall enforce this chapter and ss. 66.0903, 103.02, 103.49, 103.82,
21104.12 and 229.8275. In pursuance of this duty, the department may sue the
22employer on behalf of the employee to collect any wage claim or wage deficiency and
23ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions
24under s. 109.10, the department may refer such an action to the district attorney of
25the county in which the violation occurs for prosecution and collection and the

1district attorney shall commence an action in the circuit court having appropriate
2jurisdiction. Any number of wage claims or wage deficiencies against the same
3employer may be joined in a single proceeding, but the court may order separate
4trials or hearings. In actions that are referred to a district attorney under this
5subsection, any taxable costs recovered by the district attorney shall be paid into the
6general fund of the county in which the violation occurs and used by that county to
7meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office
8of the district attorney who prosecuted the action.
SB441-ASA1, s. 15 9Section 15. 118.125 (2) (ck) of the statutes is created to read:
SB441-ASA1,8,2110 118.125 (2) (ck) The school district clerk or his or her designee shall make pupil
11records available for inspection or disclose the contents of pupil records to authorized
12representatives of the department of corrections, the department of health and
13family services, the department of justice, or a district attorney for use in the
14evaluation or prosecution of any proceeding under ch. 980, if the pupil records involve
15or relate to an individual who is the subject of or who is being evaluated for a
16proceeding under ch. 980. The court in which the proceeding under ch. 980 is pending
17may issue any protective orders that it determines are appropriate concerning pupil
18records made available or disclosed under this paragraph. Any representative of the
19department of corrections, the department of health and family services, the
20department of justice, or a district attorney may disclose information obtained under
21this paragraph for any purpose consistent with any proceeding under ch. 980.
SB441-ASA1, s. 16 22Section 16. 146.82 (2) (c) of the statutes is amended to read:
SB441-ASA1,9,223 146.82 (2) (c) Notwithstanding sub. (1), patient health care records shall be
24released to appropriate examiners and facilities in accordance with ss. s. 971.17 (2)
25(e), (4) (c) and (7) (c), 980.03 (4) and 980.08 (3). The recipient of any information from

1the records shall keep the information confidential except as necessary to comply
2with s. 971.17 or ch. 980.
SB441-ASA1, s. 17 3Section 17. 146.82 (2) (cm) of the statutes is created to read:
SB441-ASA1,9,164 146.82 (2) (cm) Notwithstanding sub. (1), patient health care records shall be
5released to appropriate persons in accordance with s. 980.031 (4) and to authorized
6representatives of the department of corrections, the department of health and
7family services, the department of justice, or a district attorney for use in the
8evaluation or prosecution of any proceeding under ch. 980, if the treatment records
9involve or relate to an individual who is the subject of or who is being evaluated for
10a proceeding under ch. 980. The court in which the proceeding under ch. 980 is
11pending may issue any protective orders that it determines are appropriate
12concerning records made available or disclosed under this paragraph. Any
13representative of the department of corrections, the department of health and family
14services, the department of justice, or a district attorney may disclose information
15obtained under this paragraph for any purpose consistent with any proceeding under
16ch. 980.
SB441-ASA1, s. 18 17Section 18. 301.45 (1g) (dt) of the statutes is amended to read:
SB441-ASA1,9,1918 301.45 (1g) (dt) Is in institutional care or on conditional supervised release
19under ch. 980 on or after June 2, 1994.
SB441-ASA1, s. 19 20Section 19. 301.45 (3) (a) 3r. of the statutes is amended to read:
SB441-ASA1,9,2421 301.45 (3) (a) 3r. If the person has been committed under ch. 980, he or she is
22subject to this subsection upon being placed on supervised release under s. 980.06
23(2), 1997 stats., or s. 980.08 or, if he or she was not placed on supervised release,
24before being discharged under s. 980.09 or 980.10 980.093.
SB441-ASA1, s. 20 25Section 20. 301.45 (3) (b) 3. of the statutes is amended to read:
SB441-ASA1,10,5
1301.45 (3) (b) 3. The department of health and family services shall notify a
2person who is being placed on conditional release, supervised release, conditional
3transfer or parole, or is being terminated or discharged from a commitment, under
4s. 51.20, 51.35 or 971.17 or ch. 975 or 980 and who is covered under sub. (1g) of the
5need to comply with the requirements of this section.
SB441-ASA1, s. 21 6Section 21. 301.45 (5) (b) 2. of the statutes is amended to read:
SB441-ASA1,10,127 301.45 (5) (b) 2. The person has been found to be a sexually violent person under
8ch. 980, regardless of whether the person is has been discharged under s. 980.10,
92001 stats.,
s. 980.09 or 980.10 980.093 from the sexually violent person
10commitment, except that the person no longer has to comply with this section if the
11finding that the person is a sexually violent person has been reversed, set aside or
12vacated.
SB441-ASA1, s. 22 13Section 22. 756.06 (2) (b) of the statutes is amended to read:
SB441-ASA1,10,1614 756.06 (2) (b) Except as provided in par. pars. (c) and (cm), a jury in a civil case
15shall consist of 6 persons unless a party requests a greater number, not to exceed 12.
16The court, on its own motion, may require a greater number, not to exceed 12.
SB441-ASA1, s. 23 17Section 23. 756.06 (2) (cm) of the statutes is created to read:
SB441-ASA1,10,2318 756.06 (2) (cm) A jury in a trial under s. 980.05 shall consist of the number of
19persons specified in s. 980.05 (2) unless a lesser number has been stipulated to and
20approved under s. 980.05 (2m) (c). A jury in a hearing under s. 980.09 (2m) or 980.093
21(3) shall consist of the number of persons specified in s. 980.09 (2m) or 980.093 (3),
22whichever is applicable, unless a lesser number has been stipulated to and approved
23under s. 980.095 (3).
SB441-ASA1, s. 24 24Section 24. 801.52 of the statutes is amended to read:
SB441-ASA1,11,4
1801.52 Discretionary change of venue. The court may at any time, upon
2its own motion, the motion of a party or the stipulation of the parties, change the
3venue to any county in the interest of justice or for the convenience of the parties or
4witnesses. This section does not apply to proceedings under ch. 980.
SB441-ASA1, s. 25 5Section 25. 808.04 (3) of the statutes is amended to read:
SB441-ASA1,11,86 808.04 (3) Except as provided in subs. (4) and (7), an appeal in a criminal case
7or a case under ch. 48, 51, 55 or, 938 , or 980 shall be initiated within the time period
8specified in s. 809.30.
SB441-ASA1, s. 26 9Section 26. 808.04 (4) of the statutes is amended to read:
SB441-ASA1,11,1210 808.04 (4) Except as provided in sub. (7m), an appeal by the state in either a
11criminal case under s. 974.05 or a case under ch. 48 or , 938, or 980 shall be initiated
12within 45 days of entry of the judgment or order appealed from.
SB441-ASA1, s. 27 13Section 27. 808.075 (4) (h) of the statutes is amended to read:
SB441-ASA1,11,1614 808.075 (4) (h) Commitment, supervised release, recommitment, discharge,
15and postcommitment relief under ss. 980.06, 980.08, 980.09, 980.10 980.093, and
16980.101 of a person found to be a sexually violent person under ch. 980.
SB441-ASA1, s. 28 17Section 28. 809.10 (1) (d) of the statutes, as affected by Supreme Court Order
1802-01, is repealed and recreated to read:
SB441-ASA1,12,419 809.10 (1) (d) Docketing statement. The person shall send the court of appeals
20an original and one copy of a completed docketing statement on a form prescribed by
21the court of appeals. The docketing statement shall accompany the court of appeals'
22copy of the notice of appeal. The person shall send a copy of the completed docketing
23statement to the other parties to the appeal. Docketing statements need not be filed
24in appeals brought under s. 809.105, 809.107, 809.32, or 974.06 (7), in cases under
25ch. 980, or in cases in which a party represents himself or herself. Docketing

1statements need not be filed in appeals brought under s. 809.30 or 974.05, or by the
2state or defendant in permissive appeals in criminal cases pursuant to s. 809.50,
3except that docketing statements shall be filed in cases arising under chs. 48, 51, 55,
4or 938.
SB441-ASA1, s. 29 5Section 29. 809.30 (1) (c) of the statutes, as affected by Supreme Court 02-01,
6is repealed and recreated to read:
SB441-ASA1,12,117 809.30 (1) (c) "Postconviction relief" means an appeal or a motion for
8postconviction relief in a criminal case, other than an appeal, motion, or petition
9under ss. 302.113 (7m), 302.113 (9g), 973.19, 973.195, 974.06, or 974.07 (2). In a ch.
10980 case, the term means an appeal or a motion for postcommitment relief under s.
11980.038 (4).
SB441-ASA1, s. 30 12Section 30. 809.30 (1) (f) of the statutes, as affected by Supreme Court 02-01,
13is repealed and recreated to read:
SB441-ASA1,12,1614 809.30 (1) (f) "Sentencing" means the imposition of a sentence, a fine, or
15probation in a criminal case. In a ch. 980 case, the term means the entry of an order
16under s. 980.06.
SB441-ASA1, s. 31 17Section 31. 814.61 (1) (c) 6. of the statutes is created to read:
SB441-ASA1,12,1818 814.61 (1) (c) 6. An action for civil commitment under ch. 51, 55, or 980.
SB441-ASA1, s. 32 19Section 32. 905.04 (4) (a) of the statutes is amended to read:
SB441-ASA1,13,620 905.04 (4) (a) Proceedings for hospitalization, control, care, and treatment of
21a sexually violent person,
guardianship, protective services , or protective placement.
22There is no privilege under this rule as to communications and information relevant
23to an issue in proceedings to hospitalize the patient for mental illness, to appoint a
24guardian under s. 880.33, for control, care, and treatment of a sexually violent person
25under ch. 980,
for court-ordered protective services or protective placement, or for

1review of guardianship, protective services, or protective placement orders, if the
2physician, registered nurse, chiropractor, psychologist, social worker, marriage and
3family therapist, or professional counselor in the course of diagnosis or treatment
4has determined that the patient is in need of hospitalization, control, care, and
5treatment as a sexually violent person,
guardianship, protective services, or
6protective placement.
SB441-ASA1, s. 33 7Section 33. 911.01 (4) (c) of the statutes is amended to read:
SB441-ASA1,13,148 911.01 (4) (c) Miscellaneous proceedings. Proceedings for extradition or
9rendition; sentencing, granting or revoking probation, modification of a bifurcated
10sentence under s. 302.113 (9g), adjustment of a bifurcated sentence under s. 973.195
11(1r), issuance of arrest warrants, criminal summonses and search warrants;
12hearings under s. 980.093 (2); proceedings under s. 971.14 (1) (c); proceedings with
13respect to pretrial release under ch. 969 except where habeas corpus is utilized with
14respect to release on bail or as otherwise provided in ch. 969.
SB441-ASA1, s. 34 15Section 34. 938.35 (1) (e) of the statutes is created to read:
SB441-ASA1,13,1716 938.35 (1) (e) In a hearing, trial, or other proceeding under ch. 980 relating to
17a person.
SB441-ASA1, s. 35 18Section 35. 938.396 (1) of the statutes is amended to read:
SB441-ASA1,14,1119 938.396 (1) Law enforcement officers' records of juveniles shall be kept
20separate from records of adults. Law enforcement officers' records of juveniles shall
21not be open to inspection or their contents disclosed except under sub. (1b), (1d), (1g),
22(1m), (1r), (1t), (1x) or, (5), or (10) or s. 938.293 or by order of the court. This
23subsection does not apply to representatives of the news media who wish to obtain
24information for the purpose of reporting news without revealing the identity of the
25juvenile involved, to the confidential exchange of information between the police and

1officials of the school attended by the juvenile or other law enforcement or social
2welfare agencies, or to juveniles 10 years of age or older who are subject to the
3jurisdiction of the court of criminal jurisdiction. A public school official who obtains
4information under this subsection shall keep the information confidential as
5required under s. 118.125 and a private school official who obtains information under
6this subsection shall keep the information confidential in the same manner as is
7required of a public school official under s. 118.125. A law enforcement agency that
8obtains information under this subsection shall keep the information confidential as
9required under this subsection and s. 48.396 (1). A social welfare agency that obtains
10information under this subsection shall keep the information confidential as
11required under ss. 48.78 and 938.78.
SB441-ASA1, s. 36 12Section 36. 938.396 (2) (e) of the statutes is renumbered 938.396 (10) and
13amended to read:
SB441-ASA1,15,514 938.396 (10) Upon request of the department of corrections to review court A
15law enforcement agency's records and
records for the purpose of providing, under s.
16980.015 (3) (a),
of the court assigned to exercise jurisdiction under this chapter and
17ch. 48 shall be open for inspection by authorized representatives of the department
18of corrections, the department of health and family services,
the department of
19justice, or a district attorney with a person's offense history, the court shall open for
20inspection by authorized representatives of the department of corrections the
21records of the court relating to any juvenile who has been adjudicated delinquent for
22a sexually violent offense, as defined in s. 980.01 (6)
for use in the evaluation or
23prosecution of any proceeding under ch. 980, if the records involve or relate to an
24individual who is the subject of or who is being evaluated for a proceeding under ch.
25980. The court in which the proceeding under ch. 980 is pending may issue any

1protective orders that it determines are appropriate concerning information made
2available or disclosed under this subsection. Any representative of the department
3of corrections, the department of health and family services, the department of
4justice, or a district attorney may disclose information obtained under this
5subsection for any purpose consistent with any proceeding under ch. 980
.
SB441-ASA1, s. 37 6Section 37. 938.396 (5) (a) (intro.) of the statutes is amended to read:
SB441-ASA1,15,107 938.396 (5) (a) (intro.) Any person who is denied access to a record under sub.
8(1), (1b), (1d), (1g), (1m), (1r) or, (1t), or (10) may petition the court to order the
9disclosure of the records governed by the applicable subsection. The petition shall
10be in writing and shall describe as specifically as possible all of the following:
SB441-ASA1, s. 38 11Section 38. 938.78 (2) (e) of the statutes is amended to read:
SB441-ASA1,16,212 938.78 (2) (e) Paragraph (a) does not prohibit the department from disclosing
13Notwithstanding par. (a), an agency shall, upon request, disclose information about
14an individual adjudged delinquent under s. 938.183 or 938.34 for a sexually violent
15offense, as defined in s. 980.01 (6),
to authorized representatives of the department
16of corrections, the department of health and family services,
the department of
17justice, or a district attorney or a judge acting under ch. 980 or to an attorney who
18represents a person subject to a petition
for use in the evaluation or prosecution of
19any proceeding
under ch. 980, if the information involves or relates to an individual
20who is the subject of or who is being evaluated for a proceeding under ch. 980
. The
21court in which the petition proceeding under s. 980.02 is filed ch. 980 is pending may
22issue any protective orders that it determines are appropriate concerning
23information disclosed under this paragraph. Any representative of the department
24of corrections, the department of health and family services, the department of

1justice, or a district attorney may disclose information obtained under this
2paragraph for any purpose consistent with any proceeding under ch. 980.
SB441-ASA1, s. 39 3Section 39. 946.42 (1) (a) of the statutes is amended to read:
SB441-ASA1,16,224 946.42 (1) (a) "Custody" includes without limitation actual custody of an
5institution, including a secured correctional facility, as defined in s. 938.02 (15m), a
6secured child caring institution, as defined in s. 938.02 (15g), a secured group home,
7as defined in s. 938.02 (15p), a secure detention facility, as defined in s. 938.02 (16),
8a Type 2 child caring institution, as defined in s. 938.02 (19r), a facility used for the
9detention of persons detained under s. 980.04 (1), a facility specified in s. 980.065,

10or a juvenile portion of a county jail, or actual custody of a peace officer or institution
11guard. "Custody" also includes without limitation the constructive custody of
12persons placed on supervised release under a commitment order issued under ch. 980

13and constructive custody of prisoners and juveniles subject to an order under s.
1448.366, 938.183, 938.34 (4d), (4h) or (4m) or 938.357 (4) or (5) (e) temporarily outside
15the institution whether for the purpose of work, school, medical care, a leave granted
16under s. 303.068, a temporary leave or furlough granted to a juvenile or otherwise.
17Under s. 303.08 (6) it means, without limitation, that of the sheriff of the county to
18which the prisoner was transferred after conviction. It does not include the custody
19of a probationer, parolee or person on extended supervision by the department of
20corrections or a probation, extended supervision or parole officer or the custody of a
21person who has been released to aftercare supervision under ch. 938 unless the
22person is in actual custody or is subject to a confinement order under s. 973.09 (4).
SB441-ASA1, s. 40 23Section 40. 946.42 (3m) of the statutes is created to read:
SB441-ASA1,16,2524 946.42 (3m) A person who intentionally escapes from custody under any of the
25following circumstances is guilty of a Class F felony:
SB441-ASA1,17,2
1(a) While subject to a detention order under s. 980.04 (1) or a custody order
2under s. 980.04 (3).
SB441-ASA1,17,53 (b) While subject to an order issued under s. 980.06 committing the person to
4custody of the department of health and family services, regardless of whether the
5person is placed in institutional care or on supervised release.
SB441-ASA1, s. 41 6Section 41. 950.04 (1v) (xm) of the statutes is amended to read:
SB441-ASA1,17,97 950.04 (1v) (xm) To have the department of health and family services make
8a reasonable attempt to notify the victim under s. 980.11 regarding supervised
9release under s. 980.08 and discharge under s. 980.09 or 980.10 980.093.
SB441-ASA1, s. 42 10Section 42. 967.03 of the statutes is amended to read:
SB441-ASA1,17,13 11967.03 District attorneys. Wherever in chs. 967 to 979 980 powers or duties
12are imposed upon district attorneys, the same powers and duties may be discharged
13by any of their duly qualified deputies or assistants.
SB441-ASA1, s. 43 14Section 43. 972.15 (4) of the statutes is amended to read:
SB441-ASA1,17,1815 972.15 (4) After sentencing, unless otherwise authorized under sub. (5) or (6)
16or ordered by the court, the presentence investigation report shall be confidential
17and shall not be made available to any person except upon specific authorization of
18the court.
SB441-ASA1, s. 44 19Section 44. 972.15 (6) of the statutes is created to read:
SB441-ASA1,17,2320 972.15 (6) The presentence investigation report and any information contained
21in it or upon which it is based may be used by any of the following persons in any
22evaluation, examination, referral, hearing, trial, postcommitment relief proceeding,
23appeal, or other proceeding under ch. 980:
SB441-ASA1,17,2424 (a) The department of corrections.
SB441-ASA1,17,2525 (b) The department of health and family services.
SB441-ASA1,18,2
1(c) The person who is the subject of the presentence investigation report, his
2or her attorney, or an agent or employee of the attorney.
SB441-ASA1,18,33 (d) The attorney representing the state or an agent or employee of the attorney.
SB441-ASA1,18,54 (e) A licensed physician, licensed psychologist, or other mental health
5professional who is examining the subject of the presentence investigation report.
SB441-ASA1,18,66 (f) The court and, if applicable, the jury hearing the case.
SB441-ASA1, s. 45 7Section 45. 973.155 (1) (c) of the statutes is created to read:
SB441-ASA1,18,118 973.155 (1) (c) The categories in par. (a) include time during which the
9convicted offender was in the custody of the department of health and family services
10under ch. 980 only if the offender was confined during that time and the confinement
11and the offender's conviction resulted from the same course of conduct.
SB441-ASA1, s. 46 12Section 46. 978.03 (3) of the statutes is amended to read:
SB441-ASA1,18,1813 978.03 (3) Any assistant district attorney under sub. (1), (1m) or (2) must be
14an attorney admitted to practice law in this state and, except as provided in ss.
15978.043 (1) and 978.044, may perform any duty required by law to be performed by
16the district attorney. The district attorney of the prosecutorial unit under sub. (1),
17(1m), or (2) may appoint such temporary counsel as may be authorized by the
18department of administration.
SB441-ASA1, s. 47 19Section 47. 978.043 of the statutes is renumbered 978.043 (1) and amended
20to read.
SB441-ASA1,19,521 978.043 (1) The district attorney of the prosecutorial unit that consists of
22Brown County and the district attorney of the prosecutorial unit that consists of
23Milwaukee County shall each assign one assistant district attorney in his or her
24prosecutorial unit to be a sexually violent person commitment prosecutor. An
25assistant district attorney assigned under this section subsection to be a sexually

1violent person commitment prosecutor may engage only in the prosecution of
2sexually violent person commitment proceedings under ch. 980 and, at the request
3of the district attorney of the prosecutorial unit, may file and prosecute sexually
4violent person commitment proceedings under ch. 980 in any prosecutorial unit in
5this state.
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