SB40-ASA1-AA1,459,24
23"
Section 3779e. 908.03 (6m) (d) of the statutes is renumbered 908.03 (6m) (d)
243. and amended to read:
SB40-ASA1-AA1,460,8
1908.03
(6m) (d) 3. After
December 31, 2002 the effective date of this paragraph
2.... [revisor inserts date], the department of health and family services shall, by rule,
3prescribe uniform fees
for X-ray copies that are based on an approximation of actual
4costs
. The fees, plus applicable tax, and are the maximum amount
, plus applicable
5tax and the actual costs of postage or other means of delivering the requested records
6to the requester, that a health care provider may charge for certified
duplicate
7patient health care records. The rule shall also allow the health care provider to
8charge for actual postage or other actual delivery costs duplicate X-ray copies.
SB40-ASA1-AA1,460,11
94. For duplicate patient health care records and duplicate X-ray reports or the
10referral of X-rays to another health care provider that are requested before
11commencement of an action, s. 146.83 (1) (b) and (c)
, (3g), and (3m) applies.
SB40-ASA1-AA1,460,1613
908.03
(6m) (d) 1. Except as provided in subd. 2., the maximum amount that
14a health care provider may charge for certified duplicate patient health care records
15is $1 per page, plus applicable tax and the actual costs of postage or other means of
16delivering the requested records to the requester.
SB40-ASA1-AA1,460,2317
2. For years beginning after 2007, fees specified under subd. 1. increase
18annually by a percentage equal to the percentage change between the U.S. consumer
19price index for all urban consumers, U.S. city average, for the month of August of the
20previous year and the U.S. consumer price index for all urban consumers, U.S. city
21average, for the month of August of the year before the previous year, as determined
22by the federal department of labor. The department of health and family services
23shall specify this increase annually on the department's Web site.".
SB40-ASA1-AA1,462,219
939.48
(1m) (a) If an actor intentionally used force that was intended or likely
20to cause death or great bodily harm, the court shall presume that the actor
21reasonably believed that the force was necessary to prevent imminent death or great
1bodily harm to himself or herself if the actor makes such a claim under sub. (1) and
2any of the following applies:
SB40-ASA1-AA1,462,63
1. The person against whom the force was used was in the process of unlawfully
4and forcibly entering the actor's residence, the actor was present in the residence,
5and the actor knew or had reason to believe that an unlawful and forcible entry was
6occurring.
SB40-ASA1-AA1,462,107
2. The person against whom the force was used was in the actor's residence
8after unlawfully and forcibly entering it, the actor was present in the residence, and
9the actor knew or had reason to believe that the person had unlawfully and forcibly
10entered the residence.
SB40-ASA1-AA1,462,1211
(b) The presumption described in par. (a) does not apply if any of the following
12applies:
SB40-ASA1-AA1,462,1413
1. The actor was engaged in an unlawful activity or was using his or her
14residence to further an unlawful activity at the time.
SB40-ASA1-AA1,462,1715
2. The person against whom the force was used was a peace officer who entered
16or attempted to enter the actor's residence in the performance of his or her official
17duties. This subdivision applies only if at least one of the following applies:
SB40-ASA1-AA1,462,1918
a. The officer identified himself or herself to the actor before the force described
19in par. (a) was used by the actor.
SB40-ASA1-AA1,462,2120
b. The actor knew or reasonably should have known that the person entering
21or attempting to enter his or her residence was a peace officer.".
SB40-ASA1-AA1,463,3
1948.10
(1) Whoever, for purposes of sexual arousal or sexual gratification,
2causes a child to expose genitals or pubic area or exposes genitals or pubic area to a
3child is guilty of a Class
A misdemeanor I felony.".
SB40-ASA1-AA1,463,1311
961.472
(5) (b) The person is participating in a substance abuse treatment
12program that meets the requirements of s.
16.964 (12) (c) 165.95 (3), as determined
13by the
office department of justice
assistance under s.
16.964 (12) (i) 165.95 (9).".
SB40-ASA1-AA1,463,2118
967.11
(1) In this section, "approved substance abuse treatment program"
19means a substance abuse treatment program that meets the requirements of s.
2016.964 (12) (c) 165.95 (3), as determined by the
office department of justice
assistance 21under s.
16.964 (12) (i) 165.95 (9).".
SB40-ASA1-AA1,464,2
1"
Section 3870d. 968.26 of the statutes is renumbered 968.26 (1) and amended
2to read:
SB40-ASA1-AA1,464,223
968.26
(1) If Except as provided in sub. (2), if a person complains to a judge that
4he or she has reason to believe that a crime has been committed within his or her
5jurisdiction, the judge shall examine the complainant under oath and any witnesses
6produced by him or her and may, and at the request of the district attorney shall,
7subpoena and examine other witnesses to ascertain whether a crime has been
8committed and by whom committed. The extent to which the judge may proceed in
9the examination is within the judge's discretion. The examination may be adjourned
10and may be secret. Any witness examined under this section may have counsel
11present at the examination but the counsel shall not be allowed to examine his or her
12client, cross-examine other witnesses or argue before the judge. If it appears
13probable from the testimony given that a crime has been committed and who
14committed it, the complaint may be reduced to writing and signed and verified; and
15thereupon a warrant shall issue for the arrest of the accused. Subject to s. 971.23,
16if the proceeding is secret, the record of the proceeding and the testimony taken shall
17not be open to inspection by anyone except the district attorney unless it is used by
18the prosecution at the preliminary hearing or the trial of the accused and then only
19to the extent that it is so used. A court, on the motion of a district attorney, may
20compel a person to testify or produce evidence under s. 972.08 (1). The person is
21immune from prosecution as provided in s. 972.08 (1), subject to the restrictions
22under s. 972.085.
SB40-ASA1-AA1,465,224
968.26
(2) A prisoner, as defined in s. 801.02 (7) (a) 2., who has reason to believe
25that a crime has been committed may complain only to the district attorney of the
1county in which the alleged crime occurred. The district attorney may conduct an
2investigation and may file a complaint under sub. (1).
SB40-ASA1-AA1,465,84
970.02
(1) (c) That the defendant is entitled to a preliminary examination if
5charged with a felony in any complaint, including a complaint issued under s. 968.26
6(1), or when the defendant has been returned to this state for prosecution through
7extradition proceedings under ch. 976, or any indictment, unless waived in writing
8or in open court, or unless the defendant is a corporation or limited liability company.
SB40-ASA1-AA1,465,1710
971.02
(1) If the defendant is charged with a felony in any complaint, including
11a complaint issued under s. 968.26
(1), or when the defendant has been returned to
12this state for prosecution through extradition proceedings under ch. 976, or any
13indictment, no information or indictment shall be filed until the defendant has had
14a preliminary examination, unless the defendant waives such examination in
15writing or in open court or unless the defendant is a corporation or limited liability
16company. The omission of the preliminary examination shall not invalidate any
17information unless the defendant moves to dismiss prior to the entry of a plea.".
SB40-ASA1-AA1,466,222
971.23
(1) (a) Any written or recorded statement concerning the alleged crime
23made by the defendant, including the testimony of the defendant in a secret
1proceeding under s. 968.26
(1) or before a grand jury, and the names of witnesses to
2the defendant's written statements.".
SB40-ASA1-AA1,466,155
972.08
(1) (a) Whenever any person refuses to testify or to produce books,
6papers or documents when required to do so before any grand jury, in a proceeding
7under s. 968.26
(1) or at a preliminary examination, criminal hearing or trial for the
8reason that the testimony or evidence required of him or her may tend to incriminate
9him or her or subject him or her to a forfeiture or penalty, the person may
10nevertheless be compelled to testify or produce the evidence by order of the court on
11motion of the district attorney. No person who testifies or produces evidence in
12obedience to the command of the court in that case may be liable to any forfeiture or
13penalty for or on account of testifying or producing evidence, but no person may be
14exempted from prosecution and punishment for perjury or false swearing committed
15in so testifying.
SB40-ASA1-AA1,466,23
17972.085 Immunity; use standard. Immunity from criminal or forfeiture
18prosecution under ss. 13.35, 17.16 (7), 77.61 (12), 93.17, 111.07 (2) (b), 128.16, 133.15,
19139.20, 139.39 (5), 195.048, 196.48, 551.56 (3), 553.55 (3), 601.62 (5), 767.87 (4),
20885.15, 885.24, 885.25 (2), 891.39 (2), 968.26
(1), 972.08 (1) and 979.07 (1) and ch.
21769, provides immunity only from the use of the compelled testimony or evidence in
22subsequent criminal or forfeiture proceedings, as well as immunity from the use of
23evidence derived from that compelled testimony or evidence.".
SB40-ASA1-AA1,467,62
973.042
(5) The secretary of administration shall credit part A of the surcharge
3to the appropriation account under s. 20.410 (1) (gj). The secretary of administration
4shall credit part B of the surcharge to the appropriation account under s. 20.455 (2)
5(gj). The secretary of administration shall credit part C of the surcharge to the
6appropriation account under s.
20.505 (6) 20.455 (5) (gj).
SB40-ASA1-AA1,467,108
973.043
(3) All moneys collected from drug offender diversion surcharges shall
9be credited to the appropriation account under s.
20.505 (6) (ku) 20.455 (2) (kx) and
10used for the purpose of making grants to counties under s.
16.964 (12) 165.95.".
SB40-ASA1-AA1,467,1815
973.047
(1f) If a court imposes a sentence or places a person on probation for
16a felony conviction or for a conviction for a violation of s. 940.225 (3m)
, or 944.20
, or
17948.10, the court shall require the person to provide a biological specimen to the state
18crime laboratories for deoxyribonucleic acid analysis.".
SB40-ASA1-AA1,468,423
973.155
(1m) A convicted offender shall be given credit toward the service of
24his or her sentence for all days spent in custody as part of a substance abuse
1treatment program that meets the requirements of s.
16.964 (12) (c) 165.95 (3), as
2determined by the
office department of justice
assistance under s.
16.964 (12) (i) 3165.95 (9) for any offense arising out of the course of conduct that led to the person's
4placement in that program.".
