Amendment ASA1-SB441

LRBs0469/1

CH/MD:all:rs

2003 - 2004 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2003 SENATE BILL 441

March 11, 2004 - Offered by Representatives Krug and Staskunas.

SB441-ASA1,2,15 An Act to repeal 51.30 (4) (b) 10m., 980.02 (2) (ag), 980.03 (5), 980.05 (1m), 980.09 (1) (title), 980.09 (2) and 980.10; to renumber 978.13 (2) and 980.01 (1); to renumber and amend 938.396 (2) (e), 978.043, 980.015 (1), 980.015 (4), 980.03 (4), 980.04 (2), 980.07 (1), 980.09 (1) (a), 980.09 (1) (b) and 980.09 (1) (c); to amend 48.396 (1), 48.396 (5) (a) (intro.), 51.30 (3) (a), 51.30 (3) (b), 51.30 (4) (b) 8m., 51.30 (4) (b) 11., 51.375 (1) (a), 109.09 (1), 146.82 (2) (c), 301.45 (1g) (dt), 301.45 (3) (a) 3r., 301.45 (3) (b) 3., 301.45 (5) (b) 2., 756.06 (2) (b), 801.52, 808.04 (3), 808.04 (4), 808.075 (4) (h), 905.04 (4) (a), 911.01 (4) (c), 938.396 (1), 938.396 (5) (a) (intro.), 938.78 (2) (e), 946.42 (1) (a), 950.04 (1v) (xm), 967.03, 972.15 (4), 978.03 (3), 978.045 (1r) (intro.), 978.05 (6) (a), 978.05 (8) (b), 980.01 (5), 980.01 (6) (a), 980.01 (6) (b), 980.01 (6) (c), 980.01 (7), 980.015 (2) (intro.), 980.015 (2) (a), 980.015 (2) (b), 980.015 (2) (c), 980.02 (1) (a), 980.02 (2) (c), 980.02 (4) (intro.), 980.03 (2) (intro.), 980.03 (3), 980.04 (1), 980.04 (3), 980.05 (1), 980.05 (3) (a), 980.05 (3) (b), 980.07 (2), 980.07 (3), 980.09 (title), 980.101 (2) (a), 980.11 (2) (intro.) and 980.12 (1); to repeal and recreate 809.10 (1) (d), 809.30 (1) (c), 809.30 (1) (f) and 980.08; and to create 48.396 (6), 48.78 (2) (e), 48.981 (7) (a) 8s., 51.30 (3) (bm), 51.30 (4) (b) 8s., 118.125 (2) (ck), 146.82 (2) (cm), 756.06 (2) (cm), 814.61 (1) (c) 6., 938.35 (1) (e), 946.42 (3m), 972.15 (6), 973.155 (1) (c), 978.043 (2), 978.13 (2) (a), 980.01 (1g), 980.01 (1m), 980.01 (6) (am), 980.01 (6) (bm), 980.015 (1) (b), 980.015 (2) (d), 980.02 (1) (b) 3., 980.02 (1m), 980.02 (6), 980.031 (title), 980.031 (1) and (2), 980.034, 980.036, 980.038, 980.04 (2) (b), 980.05 (2m), 980.07 (1) (b), 980.07 (1g), 980.07 (1m), 980.07 (4) to (7), 980.093, 980.095, 980.14 (title) and 980.14 (1) of the statutes; relating to: the definition of sexually violent person, sexually violent person commitment proceedings, criteria for supervised release, escape from custody by a person who is subject to a sexually violent person commitment proceeding, creating a committee to make recommendations regarding the location of a facility for the treatment of sexual predators, and providing penalties.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB441-ASA1, s. 1 Section 1. 48.396 (1) of the statutes is amended to read:

SB441-ASA1,3,13 48.396 (1) Law enforcement officers' records of children shall be kept separate from records of adults. Law enforcement officers' records of the adult expectant mothers of unborn children shall be kept separate from records of other adults. Law enforcement officers' records of children and the adult expectant mothers of unborn children shall not be open to inspection or their contents disclosed except under sub. (1b), (1d) or, (5), or (6) or s. 48.293 or by order of the court. This subsection does not apply to the representatives of newspapers or other reporters of news who wish to obtain information for the purpose of reporting news without revealing the identity of the child or expectant mother involved, to the confidential exchange of information between the police and officials of the school attended by the child or other law enforcement or social welfare agencies or to children 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction. A public school official who obtains information under this subsection shall keep the information confidential as required under s. 118.125 and a private school official who obtains information under this subsection shall keep the information confidential in the same manner as is required of a public school official under s. 118.125. A law enforcement agency that obtains information under this subsection shall keep the information confidential as required under this subsection and s. 938.396 (1). A social welfare agency that obtains information under this subsection shall keep the information confidential as required under ss. 48.78 and 938.78.

SB441-ASA1, s. 2 Section 2. 48.396 (5) (a) (intro.) of the statutes is amended to read:

SB441-ASA1,3,18 48.396 (5) (a) (intro.) Any person who is denied access to a record under sub. (1), (1b) or, (1d), or (6) may petition the court to order the disclosure of the records governed by the applicable subsection. The petition shall be in writing and shall describe as specifically as possible all of the following:

SB441-ASA1, s. 3 Section 3. 48.396 (6) of the statutes is created to read:

SB441-ASA1,4,7 48.396 (6) Records of law enforcement officers and of the court assigned to exercise jurisdiction under this chapter and ch. 938 shall be open for inspection by and production to authorized representatives of the department of corrections, the department of health and family services, the department of justice, or a district attorney for use in the evaluation or prosecution of any proceeding under ch. 980, if the records involve or relate to an individual who is the subject of or who is being evaluated for a proceeding under ch. 980. The court in which the proceeding under ch. 980 is pending may issue any protective orders that it determines are appropriate concerning information made available or disclosed under this subsection. Any representative of the department of corrections, the department of health and family services, the department of justice, or a district attorney may disclose information obtained under this subsection for any purpose consistent with any proceeding under ch. 980.

SB441-ASA1, s. 4 Section 4. 48.78 (2) (e) of the statutes is created to read:

SB441-ASA1,4,20 48.78 (2) (e) Notwithstanding par. (a), an agency shall, upon request, disclose information to authorized representatives of the department of corrections, the department of health and family services, the department of justice, or a district attorney for use in the evaluation or prosecution of any proceeding under ch. 980, if the information involves or relates to an individual who is the subject of or who is being evaluated for a proceeding under ch. 980. The court in which the proceeding under ch. 980 is pending may issue any protective orders that it determines are appropriate concerning information made available or disclosed under this paragraph. Any representative of the department of corrections, the department of health and family services, the department of justice, or a district attorney may disclose information obtained under this paragraph for any purpose consistent with any proceeding under ch. 980.

SB441-ASA1, s. 5 Section 5. 48.981 (7) (a) 8s. of the statutes is created to read:

SB441-ASA1,5,7 48.981 (7) (a) 8s. Authorized representatives of the department of corrections, the department of health and family services, the department of justice, or a district attorney for use in the evaluation or prosecution of any proceeding under ch. 980, if the reports or records involve or relate to an individual who is the subject of or who is being evaluated for a proceeding under ch. 980. The court in which the proceeding under ch. 980 is pending may issue any protective orders that it determines are appropriate concerning information made available or disclosed under this subdivision. Any representative of the department of corrections, the department of health and family services, the department of justice, or a district attorney may disclose information obtained under this subdivision for any purpose consistent with any proceeding under ch. 980.

SB441-ASA1, s. 6 Section 6. 51.30 (3) (a) of the statutes is amended to read:

SB441-ASA1,5,11 51.30 (3) (a) Except as provided in pars. (b) and, (bm), (c), and (d), the files and records of the court proceedings under this chapter shall be closed but shall be accessible to any individual who is the subject of a petition filed under this chapter.

SB441-ASA1, s. 7 Section 7. 51.30 (3) (b) of the statutes is amended to read:

SB441-ASA1,5,18 51.30 (3) (b) An individual's attorney or guardian ad litem and the corporation counsel shall have access to the files and records of the court proceedings under this chapter without the individual's consent and without modification of the records in order to prepare for involuntary commitment or recommitment proceedings, reexaminations, appeals, or other actions relating to detention, admission, or commitment under this chapter or ch. 971 or, 975, or 980.

SB441-ASA1, s. 8 Section 8. 51.30 (3) (bm) of the statutes is created to read:

SB441-ASA1,6,6 51.30 (3) (bm) The files and records of court proceedings under this chapter shall be released to authorized representatives of the department of corrections, the department of health and family services, the department of justice, or a district attorney for use in the evaluation or prosecution of any proceeding under ch. 980, if the files or records involve or relate to an individual who is the subject of or who is being evaluated for a proceeding under ch. 980. The court in which the proceeding under ch. 980 is pending may issue any protective orders that it determines are appropriate concerning information made available or disclosed under this paragraph. Any representative of the department of corrections, the department of health and family services, the department of justice, or a district attorney may disclose information obtained under this paragraph for any purpose consistent with any proceeding under ch. 980.

SB441-ASA1, s. 9 Section 9. 51.30 (4) (b) 8m. of the statutes is amended to read:

SB441-ASA1,6,11 51.30 (4) (b) 8m. To appropriate examiners and facilities in accordance with s. 971.17 (2) (e), (4) (c), and (7) (c), 980.03 (4) or 980.08 (3). The recipient of any information from the records shall keep the information confidential except as necessary to comply with s. 971.17 or ch. 980.

SB441-ASA1, s. 10 Section 10. 51.30 (4) (b) 8s. of the statutes is created to read:

SB441-ASA1,6,24 51.30 (4) (b) 8s. To appropriate persons in accordance with s. 980.031 (4) and to authorized representatives of the department of corrections, the department of health and family services, the department of justice, or a district attorney for use in the evaluation or prosecution of any proceeding under ch. 980, if the treatment records involve or relate to an individual who is the subject of or who is being evaluated for a proceeding under ch. 980. The court in which the proceeding under ch. 980 is pending may issue any protective orders that it determines are appropriate concerning information made available or disclosed under this subdivision. Any representative of the department of corrections, the department of health and family services, the department of justice, or a district attorney may disclose information obtained under this subdivision for any purpose consistent with any proceeding under ch. 980.

SB441-ASA1, s. 11 Section 11. 51.30 (4) (b) 10m. of the statutes is repealed.

SB441-ASA1, s. 12 Section 12. 51.30 (4) (b) 11. of the statutes is amended to read:

SB441-ASA1,7,6 51.30 (4) (b) 11. To the subject individual's counsel or guardian ad litem and the corporation counsel, without modification, at any time in order to prepare for involuntary commitment or recommitment proceedings, reexaminations, appeals, or other actions relating to detention, admission, commitment, or patients' rights under this chapter or ch. 48, 971, or 975, or 980.

SB441-ASA1, s. 13 Section 13. 51.375 (1) (a) of the statutes is amended to read:

SB441-ASA1,7,11 51.375 (1) (a) "Community placement" means conditional transfer into the community under s. 51.35 (1), conditional release under s. 971.17, parole from a commitment for specialized treatment under ch. 975, or conditional supervised release under ch. 980.

SB441-ASA1, s. 14 Section 14. 109.09 (1) of the statutes is amended to read:

SB441-ASA1,8,8 109.09 (1) The department shall investigate and attempt equitably to adjust controversies between employers and employees as to alleged wage claims. The department may receive and investigate any wage claim which is filed with the department, or received by the department under s. 109.10 (4), no later than 2 years after the date the wages are due. The department may, after receiving a wage claim, investigate any wages due from the employer against whom the claim is filed to any employee during the period commencing 2 years before the date the claim is filed. The department shall enforce this chapter and ss. 66.0903, 103.02, 103.49, 103.82, 104.12 and 229.8275. In pursuance of this duty, the department may sue the employer on behalf of the employee to collect any wage claim or wage deficiency and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions under s. 109.10, the department may refer such an action to the district attorney of the county in which the violation occurs for prosecution and collection and the district attorney shall commence an action in the circuit court having appropriate jurisdiction. Any number of wage claims or wage deficiencies against the same employer may be joined in a single proceeding, but the court may order separate trials or hearings. In actions that are referred to a district attorney under this subsection, any taxable costs recovered by the district attorney shall be paid into the general fund of the county in which the violation occurs and used by that county to meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office of the district attorney who prosecuted the action.

SB441-ASA1, s. 15 Section 15. 118.125 (2) (ck) of the statutes is created to read:

SB441-ASA1,8,21 118.125 (2) (ck) The school district clerk or his or her designee shall make pupil records available for inspection or disclose the contents of pupil records to authorized representatives of the department of corrections, the department of health and family services, the department of justice, or a district attorney for use in the evaluation or prosecution of any proceeding under ch. 980, if the pupil records involve or relate to an individual who is the subject of or who is being evaluated for a proceeding under ch. 980. The court in which the proceeding under ch. 980 is pending may issue any protective orders that it determines are appropriate concerning pupil records made available or disclosed under this paragraph. Any representative of the department of corrections, the department of health and family services, the department of justice, or a district attorney may disclose information obtained under this paragraph for any purpose consistent with any proceeding under ch. 980.

SB441-ASA1, s. 16 Section 16. 146.82 (2) (c) of the statutes is amended to read:

SB441-ASA1,9,2 146.82 (2) (c) Notwithstanding sub. (1), patient health care records shall be released to appropriate examiners and facilities in accordance with ss. s. 971.17 (2) (e), (4) (c) and (7) (c), 980.03 (4) and 980.08 (3). The recipient of any information from the records shall keep the information confidential except as necessary to comply with s. 971.17 or ch. 980.

SB441-ASA1, s. 17 Section 17. 146.82 (2) (cm) of the statutes is created to read:

SB441-ASA1,9,16 146.82 (2) (cm) Notwithstanding sub. (1), patient health care records shall be released to appropriate persons in accordance with s. 980.031 (4) and to authorized representatives of the department of corrections, the department of health and family services, the department of justice, or a district attorney for use in the evaluation or prosecution of any proceeding under ch. 980, if the treatment records involve or relate to an individual who is the subject of or who is being evaluated for a proceeding under ch. 980. The court in which the proceeding under ch. 980 is pending may issue any protective orders that it determines are appropriate concerning records made available or disclosed under this paragraph. Any representative of the department of corrections, the department of health and family services, the department of justice, or a district attorney may disclose information obtained under this paragraph for any purpose consistent with any proceeding under ch. 980.

SB441-ASA1, s. 18 Section 18. 301.45 (1g) (dt) of the statutes is amended to read:

SB441-ASA1,9,19 301.45 (1g) (dt) Is in institutional care or on conditional supervised release under ch. 980 on or after June 2, 1994.

SB441-ASA1, s. 19 Section 19. 301.45 (3) (a) 3r. of the statutes is amended to read:

SB441-ASA1,9,24 301.45 (3) (a) 3r. If the person has been committed under ch. 980, he or she is subject to this subsection upon being placed on supervised release under s. 980.06 (2), 1997 stats., or s. 980.08 or, if he or she was not placed on supervised release, before being discharged under s. 980.09 or 980.10 980.093.

SB441-ASA1, s. 20 Section 20. 301.45 (3) (b) 3. of the statutes is amended to read:

SB441-ASA1,10,5 301.45 (3) (b) 3. The department of health and family services shall notify a person who is being placed on conditional release, supervised release, conditional transfer or parole, or is being terminated or discharged from a commitment, under s. 51.20, 51.35 or 971.17 or ch. 975 or 980 and who is covered under sub. (1g) of the need to comply with the requirements of this section.

SB441-ASA1, s. 21 Section 21. 301.45 (5) (b) 2. of the statutes is amended to read:

SB441-ASA1,10,12 301.45 (5) (b) 2. The person has been found to be a sexually violent person under ch. 980, regardless of whether the person is has been discharged under s. 980.10, 2001 stats., s. 980.09 or 980.10 980.093 from the sexually violent person commitment, except that the person no longer has to comply with this section if the finding that the person is a sexually violent person has been reversed, set aside or vacated.

SB441-ASA1, s. 22 Section 22. 756.06 (2) (b) of the statutes is amended to read:

SB441-ASA1,10,16 756.06 (2) (b) Except as provided in par. pars. (c) and (cm), a jury in a civil case shall consist of 6 persons unless a party requests a greater number, not to exceed 12. The court, on its own motion, may require a greater number, not to exceed 12.

SB441-ASA1, s. 23 Section 23. 756.06 (2) (cm) of the statutes is created to read:

SB441-ASA1,10,23 756.06 (2) (cm) A jury in a trial under s. 980.05 shall consist of the number of persons specified in s. 980.05 (2) unless a lesser number has been stipulated to and approved under s. 980.05 (2m) (c). A jury in a hearing under s. 980.09 (2m) or 980.093 (3) shall consist of the number of persons specified in s. 980.09 (2m) or 980.093 (3), whichever is applicable, unless a lesser number has been stipulated to and approved under s. 980.095 (3).

SB441-ASA1, s. 24 Section 24. 801.52 of the statutes is amended to read:

SB441-ASA1,11,4 801.52 Discretionary change of venue. The court may at any time, upon its own motion, the motion of a party or the stipulation of the parties, change the venue to any county in the interest of justice or for the convenience of the parties or witnesses. This section does not apply to proceedings under ch. 980.

SB441-ASA1, s. 25 Section 25. 808.04 (3) of the statutes is amended to read:

SB441-ASA1,11,8 808.04 (3) Except as provided in subs. (4) and (7), an appeal in a criminal case or a case under ch. 48, 51, 55 or, 938 , or 980 shall be initiated within the time period specified in s. 809.30.

SB441-ASA1, s. 26 Section 26. 808.04 (4) of the statutes is amended to read:

SB441-ASA1,11,12 808.04 (4) Except as provided in sub. (7m), an appeal by the state in either a criminal case under s. 974.05 or a case under ch. 48 or , 938, or 980 shall be initiated within 45 days of entry of the judgment or order appealed from.

SB441-ASA1, s. 27 Section 27. 808.075 (4) (h) of the statutes is amended to read:

SB441-ASA1,11,16 808.075 (4) (h) Commitment, supervised release, recommitment, discharge, and postcommitment relief under ss. 980.06, 980.08, 980.09, 980.10 980.093, and 980.101 of a person found to be a sexually violent person under ch. 980.

SB441-ASA1, s. 28 Section 28. 809.10 (1) (d) of the statutes, as affected by Supreme Court Order 02-01, is repealed and recreated to read:

SB441-ASA1,12,4 809.10 (1) (d) Docketing statement. The person shall send the court of appeals an original and one copy of a completed docketing statement on a form prescribed by the court of appeals. The docketing statement shall accompany the court of appeals' copy of the notice of appeal. The person shall send a copy of the completed docketing statement to the other parties to the appeal. Docketing statements need not be filed in appeals brought under s. 809.105, 809.107, 809.32, or 974.06 (7), in cases under ch. 980, or in cases in which a party represents himself or herself. Docketing statements need not be filed in appeals brought under s. 809.30 or 974.05, or by the state or defendant in permissive appeals in criminal cases pursuant to s. 809.50, except that docketing statements shall be filed in cases arising under chs. 48, 51, 55, or 938.

SB441-ASA1, s. 29 Section 29. 809.30 (1) (c) of the statutes, as affected by Supreme Court 02-01, is repealed and recreated to read:

SB441-ASA1,12,11 809.30 (1) (c) "Postconviction relief" means an appeal or a motion for postconviction relief in a criminal case, other than an appeal, motion, or petition under ss. 302.113 (7m), 302.113 (9g), 973.19, 973.195, 974.06, or 974.07 (2). In a ch. 980 case, the term means an appeal or a motion for postcommitment relief under s. 980.038 (4).

SB441-ASA1, s. 30 Section 30. 809.30 (1) (f) of the statutes, as affected by Supreme Court 02-01, is repealed and recreated to read:

SB441-ASA1,12,16 809.30 (1) (f) "Sentencing" means the imposition of a sentence, a fine, or probation in a criminal case. In a ch. 980 case, the term means the entry of an order under s. 980.06.

SB441-ASA1, s. 31 Section 31. 814.61 (1) (c) 6. of the statutes is created to read:

SB441-ASA1,12,18 814.61 (1) (c) 6. An action for civil commitment under ch. 51, 55, or 980.

SB441-ASA1, s. 32 Section 32. 905.04 (4) (a) of the statutes is amended to read:

SB441-ASA1,13,6 905.04 (4) (a) Proceedings for hospitalization, control, care, and treatment of a sexually violent person, guardianship, protective services , or protective placement. There is no privilege under this rule as to communications and information relevant to an issue in proceedings to hospitalize the patient for mental illness, to appoint a guardian under s. 880.33, for control, care, and treatment of a sexually violent person under ch. 980, for court-ordered protective services or protective placement, or for review of guardianship, protective services, or protective placement orders, if the physician, registered nurse, chiropractor, psychologist, social worker, marriage and family therapist, or professional counselor in the course of diagnosis or treatment has determined that the patient is in need of hospitalization, control, care, and treatment as a sexually violent person, guardianship, protective services, or protective placement.

SB441-ASA1, s. 33 Section 33. 911.01 (4) (c) of the statutes is amended to read:

SB441-ASA1,13,14 911.01 (4) (c) Miscellaneous proceedings. Proceedings for extradition or rendition; sentencing, granting or revoking probation, modification of a bifurcated sentence under s. 302.113 (9g), adjustment of a bifurcated sentence under s. 973.195 (1r), issuance of arrest warrants, criminal summonses and search warrants; hearings under s. 980.093 (2); proceedings under s. 971.14 (1) (c); proceedings with respect to pretrial release under ch. 969 except where habeas corpus is utilized with respect to release on bail or as otherwise provided in ch. 969.

SB441-ASA1, s. 34 Section 34. 938.35 (1) (e) of the statutes is created to read:

SB441-ASA1,13,17 938.35 (1) (e) In a hearing, trial, or other proceeding under ch. 980 relating to a person.

SB441-ASA1, s. 35 Section 35. 938.396 (1) of the statutes is amended to read:

SB441-ASA1,14,11 938.396 (1) Law enforcement officers' records of juveniles shall be kept separate from records of adults. Law enforcement officers' records of juveniles shall not be open to inspection or their contents disclosed except under sub. (1b), (1d), (1g), (1m), (1r), (1t), (1x) or, (5), or (10) or s. 938.293 or by order of the court. This subsection does not apply to representatives of the news media who wish to obtain information for the purpose of reporting news without revealing the identity of the juvenile involved, to the confidential exchange of information between the police and officials of the school attended by the juvenile or other law enforcement or social welfare agencies, or to juveniles 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction. A public school official who obtains information under this subsection shall keep the information confidential as required under s. 118.125 and a private school official who obtains information under this subsection shall keep the information confidential in the same manner as is required of a public school official under s. 118.125. A law enforcement agency that obtains information under this subsection shall keep the information confidential as required under this subsection and s. 48.396 (1). A social welfare agency that obtains information under this subsection shall keep the information confidential as required under ss. 48.78 and 938.78.

SB441-ASA1, s. 36 Section 36. 938.396 (2) (e) of the statutes is renumbered 938.396 (10) and amended to read: