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.".
SB40-ASA1-AA1,469,3
1978.01
(2) (b) A district attorney serves on a part-time basis if his or her
2prosecutorial unit consists of Buffalo, Florence, Pepin,
or Trempealeau
or Vernon 3county.".
SB40-ASA1-AA1,469,108
985.02
(2) (a) The notice must be posted in at least 3 public places likely to give
9notice to persons affected.
In this paragraph, the Internet is considered a public
10place.".
SB40-ASA1-AA1,470,9
17"[
2005 Wisconsin Act 25] Section 9101 (4) (b)
the secretary If the department
18of administration determines that it is in the best interest of the state to offer one or
19more parcels of state-owned property for sale, the secretary of administration shall
20submit a report to the secretary of the building commission containing an inventory
21of his or her recommendations to offer
specified state properties the property for sale
22under in accordance with section 16.848 of the statutes, as created by this act,
if the
23property is eligible for sale under that section and this subsection. The report shall
1contain a description of the property and the reasons
therefor. A property may be
2included in the inventory for the recommendation. The secretary of administration
3may recommend that a parcel of property be offered for sale with or without approval
4of the state agency having jurisdiction of the property. If,
during the period on or
5before June 30, 2007,
or the period beginning on the effective date of this paragraph
6and ending on June 30, 2009, the building commission votes to approve the sale of
7any property included in
the inventory a report under this paragraph, the
8department of administration may offer the property for sale under section 16.848
9of the statutes, as created by this act.".
SB40-ASA1-AA1,472,24[
2005 Wisconsin Act 25] Section 9105 (11)
Sterling Hall. Notwithstanding
5section 18.04 (1) and (2) of the statutes, of the public debt authorized for the
1renovation of Sterling Hall, as enumerated in subsection (1) (h) 1.,
$20,000,000 2$2,500,000 in public debt may not be contracted until after June 30, 2007.".
SB40-ASA1-AA1,472,227[
2005 Wisconsin Act 456] Section 7 (2)
Emergency rules. Using the procedure
8under section 227.24 of the statutes, the department of commerce
shall may 9promulgate as emergency rules the rules required under subchapter VII of chapter
10101 of the statutes, as created by this act, and under section 101.19 (1) (k) of the
11statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the
12statutes, the emergency rules promulgated under this subsection may remain in
13effect until the date on which the permanent rules required under subchapter VII
14of chapter 101 of the statutes, as created by this act, and under section 101.19 (1) (k)
15of the statutes, as created by this act, take effect. Notwithstanding section 227.24
16(1) (a) and (3) of the statutes, the department of commerce is not required to provide
17evidence that promulgating rules under this subsection as emergency rules is
18necessary for the preservation of the public peace, health, safety, or welfare and is
19not required to provide a finding of emergency for the rules promulgated under this
20subsection.
The department of commerce shall promulgate the rules required under
21this subsection no later than the first day of the 9th month beginning after the
22effective date of this subsection.
SB40-ASA1-AA1,473,9
1[
2005 Wisconsin Act 456] Section 7 (3)
Effect on collective bargaining
2agreements. If a person is affected by a collective bargaining agreement that is in
3effect on
the effective date of this subsection June 1, 2008, and that contains
4provisions that are inconsistent with subchapter VII of chapter 101 of the statutes,
5as created by this act, then, notwithstanding subchapter VII of chapter 101 of the
6statutes, as created by this act, the person may perform its obligations, and exercise
7its rights, under those provisions of the collective bargaining agreement until the
8collective bargaining agreement expires or is extended, modified, or renewed,
9whichever occurs first.
SB40-ASA1-AA1,473,2011[
2005 Wisconsin Act 456] Section 7 (5)
Grace period for obtaining permit to
12operate existing conveyances. Notwithstanding section 101.983 (2) of the statutes,
13as created by this act, the owner or lessee of any conveyance, as defined in section
14101.981 (1) (c) of the statutes, as created by this act, in operation on
the effective date
15of this subsection June 1, 2008, shall obtain the permit required under section
16101.983 (2) of the statutes, as created by this act, no later than the first day of the
176th month beginning after
the effective date of this subsection June 1, 2008. This
18subsection does not apply to any person required to obtain a permit under rules of
19the department of commerce that are in effect before the effective date of this
20subsection.".
SB40-ASA1-AA1,474,3
3"(10r)
Transfer of office of justice assistance.
SB40-ASA1-AA1,474,104
(a)
Assets and liabilities. On the effective date of this paragraph, the assets and
5liabilities of the office of justice assistance, except those that are primarily related
6to administering federal homeland security moneys, shall become the assets and
7liabilities of the department of justice. On the effective date of this paragraph, the
8assets and liabilities of the office of justice assistance that are primarily related to
9administering federal homeland security moneys shall become the assets and
10liabilities of the department of military affairs.
SB40-ASA1-AA1,474,13
11(b) 1. On the effective date of this subsection, the authorized positions for the
12office of justice assistance funded from the appropriation under section 20.505 (6) (a),
132005 stats., are decreased by 2.42 GPR positions.
SB40-ASA1-AA1,474,16
142. On the effective date of this subsection, the authorized positions for the office
15of justice assistance funded from the appropriation under section 20.505 (6) (k), 2005
16stats., are decreased by 1.40 PR positions.
SB40-ASA1-AA1,474,19
173. On the effective date of this subsection, the authorized positions for the office
18of justice assistance funded from the appropriation under section 20.505 (6) (m),
192005 stats., are decreased by 15.18 FED positions.
SB40-ASA1-AA1,474,23
204. On the effective date of this subsection, the incumbents holding the positions
21under subds. 1. to 3., except the executive director of the office of justice assistance
22and an individual holding a senior position, are transferred to the department of
23justice.
SB40-ASA1-AA1,475,7
1(c)
Employee status. Employees transferred under paragraph (b) shall have all
2the rights and the same status under subchapter V of chapter 111 and chapter 230
3of the statutes in the department of justice or the department of military affairs,
4whichever is applicable, that they enjoyed in the office of justice assistance
5immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes,
6no employee so transferred who has attained permanent status in class is required
7to serve a probationary period.
SB40-ASA1-AA1,475,148
(d)
Tangible personal property. On the effective date of this paragraph, all
9tangible personal property, including records, of the office of justice assistance,
10except property that is primarily related to administering federal homeland security
11moneys, shall be transferred to the department of justice. On the effective date of
12this paragraph, all tangible personal property, including records, of the office of
13justice assistance that is primarily related to administering federal homeland
14security moneys shall be transferred to the department of military affairs.
SB40-ASA1-AA1,475,2116
1. All contracts entered into by the office of justice assistance in effect on the
17effective date of this subdivision, except contracts that are primarily related to
18administering federal homeland security moneys, remain in effect and are
19transferred to the department of justice. The department of justice shall carry out
20any such contractual obligations unless modified or rescinded by the department of
21justice to the extent allowed under the contract.
SB40-ASA1-AA1,476,222
2. All contracts entered into by the office of justice assistance in effect on the
23effective date of this subdivision that are primarily related to administering federal
24homeland security moneys remain in effect and are transferred to the department
25of military affairs. The department of military affairs shall carry out any such
1contractual obligations unless modified or rescinded by the department of military
2affairs to the extent allowed under the contract.
SB40-ASA1-AA1,476,133
(f)
Pending matters. Any matter pending with the office of justice assistance
4on the effective date of this paragraph, except matters that are primarily related to
5administering federal homeland security moneys, is transferred to the department
6of justice, and all materials submitted to or actions taken by the office of justice
7assistance with respect to the pending matter are considered as having been
8submitted to or taken by the department of justice. Any matter pending with the
9office of justice assistance on the effective date of this paragraph that is primarily
10related to administering federal homeland security moneys is transferred to the
11department of military affairs, and all materials submitted to or actions taken by the
12office of justice assistance with respect to the pending matter are considered as
13having been submitted to or taken by the department of military affairs.
SB40-ASA1-AA1,476,1414
(g)
Rules and orders.
SB40-ASA1-AA1,476,2215
1. All rules promulgated for the office of justice assistance, except rules that are
16primarily related to administering federal homeland security moneys, and that are
17in effect on the effective date of this paragraph remain in effect until their specified
18expiration dates or until amended or repealed by the department of justice. All
19orders issued by the office of justice assistance, except orders that are primarily
20related to administering of federal homeland security moneys, and that are in effect
21on the effective date of this paragraph remain in effect until their specified expiration
22dates or until modified or rescinded by the department of justice.
SB40-ASA1-AA1,477,523
2. All rules promulgated for the office of justice assistance that are primarily
24related to administering federal homeland security moneys and that are in effect on
25the effective date of this paragraph remain in effect until their specified expiration
1dates or until amended or repealed by the department of military affairs. All orders
2issued by the office of justice assistance that are primarily related to administering
3federal homeland security moneys and that are in effect on the effective date of this
4paragraph remain in effect until their specified expiration dates or until modified or
5rescinded by the department of military affairs.".
