LRBs0598/3
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2005 - 2006 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2005 ASSEMBLY BILL 1071
March 2, 2006 - Offered by Representative Staskunas.
AB1071-ASA1,1,3
1An Act to renumber and amend 893.16 (1);
to amend 893.56; and
to create
2893.16 (1) (b) and 893.16 (1) (c) of the statutes;
relating to: court actions by
3persons with disabilities.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1071-ASA1, s. 1
4Section
1. 893.16 (1) of the statutes is renumbered 893.16 (1) (a) and amended
5to read:
AB1071-ASA1,1,116
893.16
(1) (a)
If Except as provided in s. 893.56, if a person entitled to bring an
7action is, at the time the cause of action accrues,
either under the age of 18 years,
8except for actions against health care providers; or mentally ill, the action may be
9commenced within 2 years after the
disability ceases, except that where the
10disability is due to mental illness, the period of limitation prescribed in this chapter
11may not be extended for more than 5 years person becomes 18 years of age.
AB1071-ASA1,2,52
893.16
(1) (b) Notwithstanding par. (a), if a person entitled to bring an action
3is, at the time the cause of action accrues, under the age of 18 years and under a
4disability by reason of being mentally ill or developmentally disabled, the action may
5be commenced within 2 years after the person becomes 18 years of age.
AB1071-ASA1,2,117
893.16
(1) (c) Notwithstanding pars. (a) and (b), if a person entitled to bring an
8action is, at the time the cause of action accrues, age 18 or older and under a disability
9by reason of being mentally ill or developmentally disabled, the action may be
10commenced within 2 years after the disability ceases, except that the period of
11limitation prescribed in this chapter may not be extended for more than 5 years.
AB1071-ASA1,2,21
13893.56 Health care providers; minors actions. Any person
who is under
14the age of 18
, at the time the cause of the action accrues and who is not under
15disability by reason of
insanity, developmental disability or
imprisonment, mental
16illness shall bring an action to recover damages for injuries to the person arising from
17any treatment or operation performed by, or for any omission by a health care
18provider within the time limitation under s. 893.55 or by the time that person reaches
19the age of 10 years, whichever is later. That action shall be brought by the parent,
20guardian or other person having custody of the minor within the time limit set forth
21in this section.
AB1071-ASA1,2,2423
(1)
This act first applies to actions accruing on the effective date of this
24subsection.
