AB40-ASA1,1213,1616
814.76
(5m) The crime prevention funding board surcharge under s. 973.0455.
AB40-ASA1,2294
17Section
2294. 859.02 (2) (a) of the statutes is amended to read:
AB40-ASA1,1213,2318
859.02
(2) (a) It is a claim based on tort, on a marital property agreement that
19is subject to the time limitations under s. 766.58 (13) (b) or (c), on Wisconsin income,
20franchise, sales, withholding, gift
, or death taxes, or on unemployment insurance
21contributions due or benefits overpaid; a claim for funeral or administrative
22expenses; a claim of this state under s. 46.27 (7g), 49.496
or, 49.682
, or
rules
23promulgated under s. 46.286 (7) 49.849; or a claim of the United States; or
AB40-ASA1,2295
24Section
2295. 859.07 (2) (a) 3. of the statutes is amended to read:
AB40-ASA1,1214,5
1859.07
(2) (a) 3. The decedent or the decedent's spouse received
the family care
2benefit under s. 46.286 services provided as a benefit under a long-term care
3program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV of ch.
449, long-term community support services funded under s. 46.27 (7), or aid under s.
549.68, 49.683, or 49.685.
AB40-ASA1,2295d
6Section 2295d. 863.37 (2) (a) of the statutes is amended to read:
AB40-ASA1,1214,157
863.37
(2) (a) Whenever payment of a legacy or a distributive share cannot be
8made to the person entitled to payment or it appears that the person may not receive
9or have the opportunity to obtain payment, the court may, on petition of a person
10interested or on its own motion, order that the funds be paid or delivered to the
state
11treasurer secretary of revenue for deposit as provided under s. 177.23. Claims on the
12funds may be made under s. 863.39 within 10 years after the date of publication
13under s. 177.18. When a claimant to the funds resides outside the United States or
14its territories the court may require the personal appearance of the claimant before
15the court.
AB40-ASA1,2295h
16Section 2295h. 863.39 (1) of the statutes is amended to read:
AB40-ASA1,1214,2117
863.39
(1) Generally. If any legacy or intestate property is not claimed by the
18distributee within 120 days after entry of final judgment, or within the time
19designated in the judgment, it shall be converted into money as close to the inventory
20value as possible and paid to the
state treasurer
secretary of revenue for deposit as
21provided under s. 177.23. Claims for the money shall be made under sub. (3).
AB40-ASA1,2295p
22Section 2295p. 863.39 (3) (title) of the statutes is amended to read:
AB40-ASA1,1214,2323
863.39
(3) (title)
Recovery of money
from state treasurer.
AB40-ASA1,2295t
24Section 2295t. 863.39 (3) (a) of the statutes is amended to read:
AB40-ASA1,1215,15
1863.39
(3) (a) Within 10 years after the date of publication under s. 177.18, any
2person claiming any amount deposited under sub. (1) may file in the probate court
3in which the estate was settled a petition alleging the basis of his or her claim. The
4court shall order a hearing upon the petition, and 20 days' notice of the hearing and
5a copy of the petition shall be given by the claimant to the department of revenue and
6to the attorney general, who may appear for the state at the hearing. If the claim is
7established it shall be allowed without interest, but including any increment which
8may have occurred on securities held, and the court shall so certify to the department
9of administration, which shall audit the claim. The
state treasurer secretary of
10revenue shall pay the claim out of the appropriation under s.
20.585 (1) 20.566 (4) 11(j). Before issuing the order distributing the estate, the court shall issue an order
12determining the death tax due, if any. If real property has been adjudged to escheat
13to the state under s. 852.01 (3) the probate court which made the adjudication may
14adjudge at any time before title has been transferred from the state that the title
15shall be transferred to the proper owners under this subsection.
AB40-ASA1,2296
16Section
2296. 867.01 (3) (am) 4. of the statutes is amended to read:
AB40-ASA1,1215,2117
867.01
(3) (am) 4. Whether the decedent or the decedent's spouse received
the
18family care benefit under s. 46.286 services provided as a benefit under a long-term
19care program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV of
20ch. 49, long-term community support services funded under s. 46.27 (7) or aid under
21s. 49.68, 49.683 or 49.685.
AB40-ASA1,2297
22Section
2297. 867.01 (3) (d) of the statutes is amended to read:
AB40-ASA1,1216,523
867.01
(3) (d)
Notice. The court may hear the matter without notice or order
24notice to be given under s. 879.03. If the decedent or the decedent's spouse received
25the family care benefit under s. 46.286 services provided as a benefit under a
1long-term care program, as defined in s. 49.496 (1) (bk), medical assistance under
2subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7)
, 3or aid under s. 49.68, 49.683
, or 49.685, the petitioner shall give notice by certified
4mail to the department of health services as soon as practicable after filing the
5petition with the court.
AB40-ASA1,2298
6Section
2298. 867.02 (2) (am) 6. of the statutes is amended to read:
AB40-ASA1,1216,117
867.02
(2) (am) 6. Whether the decedent or the decedent's spouse received
the
8family care benefit under s. 46.286 services provided as a benefit under a long-term
9care program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV of
10ch. 49, long-term community support services funded under s. 46.27 (7)
, or aid under
11s. 49.68, 49.683
, or 49.685.
AB40-ASA1,2299
12Section
2299. 867.03 (1g) (c) of the statutes is amended to read:
AB40-ASA1,1216,1713
867.03
(1g) (c) Whether the decedent or the decedent's spouse ever received
the
14family care benefit under s. 46.286 services provided as a benefit under a long-term
15care program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV of
16ch. 49, long-term community support services funded under s. 46.27 (7) or aid under
17s. 49.68, 49.683 or 49.685.
AB40-ASA1,2300
18Section
2300. 867.03 (1m) (a) of the statutes is amended to read:
AB40-ASA1,1217,519
867.03
(1m) (a) Whenever an heir, trustee, or person who was guardian of the
20decedent at the time of the decedent's death intends to transfer a decedent's property
21by affidavit under sub. (1g) and the decedent or the decedent's spouse ever received
22the family care benefit under s. 46.286 services provided as a benefit under a
23long-term care program, as defined in s. 49.496 (1) (bk), medical assistance under
24subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7)
, 25or aid under s. 49.68, 49.683
, or 49.685, the heir, trustee, or person who was guardian
1of the decedent at the time of the decedent's death shall give notice to the department
2of health services of his or her intent. The notice shall include the information in the
3affidavit under sub. (1g) and the heir, trustee, or person who was guardian of the
4decedent at the time of the decedent's death shall give the notice by certified mail,
5return receipt requested.
AB40-ASA1,2301
6Section
2301. 867.03 (1m) (b) of the statutes is amended to read:
AB40-ASA1,1217,167
867.03
(1m) (b) An heir, trustee, or person who was guardian of the decedent
8at the time of the decedent's death who files an affidavit under sub. (1g) that states
9that the decedent or the decedent's spouse received
the family care benefit under s.
1046.286 services provided as a benefit under a long-term care program, as defined in
11s. 49.496 (1) (bk), medical assistance under subch. IV of ch. 49, long-term community
12support services funded under s. 46.27 (7), or aid under s. 49.68, 49.683, or 49.685
13shall attach to the affidavit the proof of mail delivery of the notice required under par.
14(a) showing
a the delivery date
that is not less than 10 days before the day on which
15the heir, trustee, or person who was guardian of the decedent at the time of the
16decedent's death files the affidavit.
AB40-ASA1,2302
17Section
2302. 867.03 (2g) of the statutes is renumbered 867.03 (2g) (a) and
18amended to read:
AB40-ASA1,1218,319
867.03
(2g) (a) By accepting the decedent's property under this section the heir,
20trustee, or guardian assumes a duty to apply the property transferred for the
21payment of obligations according to priorities established under s. 859.25 and to
22distribute any balance to those persons designated in the appropriate governing
23instrument, as defined in s. 854.01, of the decedent or if there is no governing
24instrument, according to the rules of intestate succession under ch. 852
, subject to
25par. (b). An heir or guardian may publish a notice to creditors in the same manner
1and with the same effect as a trustee under s. 701.065. This
subsection paragraph 2does not prohibit any appropriate person from requesting administration of the
3decedent's estate under s. 856.07 or ch. 865.
AB40-ASA1,2303
4Section
2303. 867.03 (2g) (b) of the statutes is created to read:
AB40-ASA1,1218,155
867.03
(2g) (b) Property transferred under this section to or by an heir, trustee,
6or guardian is subject to the right of the department of health services to recover
7under s. 46.27 (7g), 49.496, 49.682, or 49.849 an amount equal to the medical
8assistance that is recoverable under s. 49.496 (3) (a), an amount equal to aid under
9s. 49.68, 49.683, or 49.685 that is recoverable under s. 49.682 (2) (a), or an amount
10equal to long-term community support services under s. 46.27 that is recoverable
11under s. 46.27 (7g) (c) 1. and that was paid on behalf of the decedent or the decedent's
12spouse. Upon request, the heir, trustee, or guardian shall provide to the department
13of health services information about any of the decedent's property that the heir,
14trustee, or guardian has distributed and information about the persons to whom the
15property was distributed.
AB40-ASA1,2304
16Section
2304. 867.035 (title) of the statutes is repealed.
AB40-ASA1,2305
17Section
2305. 867.035 (1) (a) (intro.) of the statutes is renumbered 49.849 (2)
18(a) (intro.) and amended to read:
AB40-ASA1,1219,319
49.849
(2) (a) (intro.) Subject to par.
(bm) (b), the department
of health services 20may collect from the property of a decedent
, including funds of a decedent that are
21held by the decedent immediately before death in a joint account or a P.O.D. account, 22by affidavit under sub.
(2) (3) (b) or by lien under sub.
(2m) (4) (a) an amount equal
23to the medical assistance that is recoverable under s. 49.496 (3) (a), the long-term
24community support services under s. 46.27 that is recoverable under s. 46.27 (7g) (c)
251.,
the family care benefit that is recoverable under rules promulgated under s.
146.286 (7), or the aid under s. 49.68, 49.683, or 49.685 that is recoverable under s.
249.682 (2) (a)
, and that was paid on behalf of the decedent or the decedent's spouse,
3if all of the following conditions are satisfied:
AB40-ASA1,2306
4Section
2306. 867.035 (1) (a) 1. of the statutes is repealed.
AB40-ASA1,2307
5Section
2307. 867.035 (1) (a) 2. of the statutes is renumbered 49.849 (2) (a) 1.
AB40-ASA1,2308
6Section
2308. 867.035 (1) (a) 3. of the statutes is renumbered 49.849 (2) (a) 2.
AB40-ASA1,2309
7Section
2309. 867.035 (1) (a) 4. of the statutes is repealed.
AB40-ASA1,2310
8Section
2310. 867.035 (1) (bm) of the statutes is renumbered 49.849 (2) (b),
9and 49.849 (2) (b) (intro.), as renumbered, is amended to read:
AB40-ASA1,1219,1310
49.849
(2) (b) (intro.) The department
of health services shall reduce the
11amount of its recovery under par. (a) by up to the amount specified in s. 861.33 (2)
12if necessary to allow the decedent's heirs or beneficiaries under the decedent's will
13to retain the following personal property of the decedent:
AB40-ASA1,2311
14Section
2311. 867.035 (2) of the statutes is renumbered 49.849 (3) (b) and
15amended to read:
AB40-ASA1,1219,2216
49.849
(3) (b) A person who possesses
or receives property of a decedent shall
17transmit the property to the department
of health services, if the conditions in sub.
18(1) (a) 1. to 4. (2) (a) 1. and 2. are satisfied, upon receipt of an affidavit by a person
19designated by the secretary of health services to administer this section showing that
20the department paid on behalf of the decedent or the decedent's spouse recoverable
21benefits specified in sub.
(1) (2) (a). Upon transmittal, the person is released from
22any obligation to other creditors or heirs of the decedent.
AB40-ASA1,2312
23Section
2312. 867.035 (2m) (a) of the statutes is renumbered 49.849 (4) (a),
24and 49.849 (4) (a) (intro.), as renumbered, is amended to read:
AB40-ASA1,1220,6
149.849
(4) (a) (intro.) If the
conditions condition in sub.
(1) (a) 1., 2., and 4. are
2(2) (a) 1. is satisfied, the department
of health services shall have a lien in the amount
3that it may recover under sub.
(1) (2) (a) on any interest in
the decedent's any
4property of the decedent that is real property, including a home, as defined in s.
549.496 (1) (b)
, transferred under s. 867.03 (1g). The department may record the lien
6in the office of the register of deeds of the county in which the real property is located.
AB40-ASA1,1220,8
7(b) The department may enforce
the
a lien
under par. (a) by foreclosure in the
8same manner as a mortgage on real property, unless any of the following is alive:
AB40-ASA1,2313
9Section
2313. 867.035 (2m) (b) of the statutes is repealed.
AB40-ASA1,2314
10Section
2314. 867.035 (3) of the statutes is renumbered 49.849 (5) and
11amended to read:
AB40-ASA1,1220,2112
49.849
(5) Other valid claims. If a person has a valid claim against
the
13decedent's estate property of the decedent that would have a higher priority under
14s. 859.25 (1) if the
estate were administered property were subject to administration 15than the department
of health services would have under s. 859.25 (1) (e) and the
16person demands payment in writing within one year of the date on which the
17property was transmitted to the department, the department shall pay to the person
18the value of the property collected under sub.
(2)
(3) or the amount of the claim,
19whichever is less. The department may authorize any person who possesses
20property of the decedent to honor higher priority claims with the decedent's property
21before transmitting property to the department.
AB40-ASA1,2315
22Section
2315. 867.035 (4) of the statutes is renumbered 49.849 (6) (a) and
23amended to read:
AB40-ASA1,1221,624
49.849
(6) (a) From the appropriation under s. 20.435 (4) (im), with respect to
25funds collected by the department under sub.
(1)
(2) related to medical assistance
1paid on behalf of the decedent or the decedent's spouse, the department
of health
2services shall pay claims under sub.
(3) (5), shall pay to the federal government from
3the amount recovered under this section and not paid out as claims under sub.
(3) 4(5) an amount equal to the amount of federal funds used to pay the benefits recovered
5under this section and shall spend the remainder of the amount recovered under this
6section for medical assistance benefits under subch. IV
of ch. 49.
AB40-ASA1,2316
7Section
2316. 867.035 (4m) of the statutes is renumbered 49.849 (6) (b) and
8amended to read:
AB40-ASA1,1221,149
49.849
(6) (b) From the appropriation under s. 20.435 (7) (im), with respect to
10funds collected by the department under sub.
(1)
(2) related to long-term community
11support services funded under s. 46.27 (7) paid on behalf of the decedent or the
12decedent's spouse, the department
of health services shall pay claims under sub.
(3) 13(5) and shall spend the remainder of the funds recovered under this section for
14long-term community support services funded under s. 46.27 (7).
AB40-ASA1,2317
15Section
2317. 867.035 (5) of the statutes is renumbered 49.849 (7) and
16amended to read:
AB40-ASA1,1221,2417
49.849
(7) Rules for hardship waiver. The department
of health services shall
18promulgate rules establishing standards to determine whether the application of
19this section would work an undue hardship in individual cases. If the department
20of health services determines that the application of this section would work an
21undue hardship in a particular case, the department shall waive the application of
22this section in that case.
This subsection does not apply with respect to collecting
23from the property of a decedent if the decedent is a deceased nonrecipient surviving
24spouse.
AB40-ASA1,2317p
25Section 2317p. 889.01 of the statutes is amended to read:
AB40-ASA1,1222,13
1889.01 Publication by state as evidence of laws. Books, pamphlets and
2other documents purporting to be printed by the state as copies of its statutes,
3legislative acts and resolutions, senate and assembly journals or orders, rules,
4regulations or decisions of any of its boards, departments, commissions or agencies,
5are prima facie evidence that they are such publications as they purport to be, and
6are correct copies of such statutes, acts, resolutions, journals, orders, rules,
7regulations and decisions, respectively; and such printed journals of said houses,
8respectively, are prima facie evidence of their proceedings.
Electronic documents
9purporting to be published by the legislative reference bureau under ss. 35.095 (3)
10(a), 35.18 (1) (b), and 35.93 as copies of Wisconsin's statutes, legislative acts, or
11administrative rules are prima facie evidence that they are such publications as they
12purport to be and are correct copies of such statutes, legislative acts, and
13administrative rules.
AB40-ASA1,2318
14Section
2318. 893.33 (4r) of the statutes is created to read:
AB40-ASA1,1222,1615
893.33
(4r) This section applies to liens of the department of health services
16on real property under ss. 46.27 (7g), 49.496, 49.682, 49.848, and 49.849.
AB40-ASA1,2318e
17Section 2318e. 895.046 (1) of the statutes is renumbered 895.046 (1r).
AB40-ASA1,2318f
18Section 2318f. 895.046 (1g) of the statutes is created to read:
AB40-ASA1,1223,1119
895.046
(1g) Legislative findings and intent. The legislature finds that it is
20in the public interest to clarify product liability law, generally, and the application
21of the risk contribution theory of liability first announced by the Wisconsin Supreme
22Court in
Collins v. Eli Lilly Company, 116 Wis. 2d 166 (1984), specifically, in order
23to return tort law to its historical, common law roots. This return both protects the
24rights of citizens to pursue legitimate and timely claims of injury resulting from
25defective products, and assures that businesses may conduct activities in this state
1without fear of being sued for indefinite claims of harm from products which
2businesses may never have manufactured, distributed, sold, or promoted, or which
3were made and sold decades ago. The legislature finds that the application of risk
4contribution to former white lead carbonate manufacturers in
Thomas v. Mallet, 285
5Wis. 2d 236 (2005), was an improperly expansive application of the risk contribution
6theory of liability announced in
Collins, and that application raised substantial
7questions of deprivation of due process, equal protection, and right to jury trial under
8the federal and Wisconsin constitutions. The legislature finds that this section
9protects the right to a remedy found in article I, section 9, of the Wisconsin
10Constitution, by preserving the narrow and limited application of the risk
11contribution theory of liability announced in
Collins.
AB40-ASA1,2318g
12Section 2318g. 895.046 (2) of the statutes is amended to read:
AB40-ASA1,1223,2013
895.046
(2) Applicability. This section applies to all actions in law or equity
,
14whenever filed or accrued, in which a claimant alleges that the manufacturer,
15distributor, seller, or promoter of a product is liable for an injury or harm to a person
16or property, including actions based on allegations that the design, manufacture,
17distribution, sale, or promotion of, or instructions or warnings about, a product
18caused or contributed to a personal injury or harm to a person or property, a private
19nuisance, or a public nuisance, and to all related or independent claims, including
20unjust enrichment, restitution, or indemnification.
AB40-ASA1,2318h
21Section 2318h. 895.514 of the statutes is created to read:
AB40-ASA1,1223,23
22895.514 Civil liability exemption; Health Insurance Risk-Sharing Plan
23and Authority. (1) In this section:
AB40-ASA1,1223,2524
(a) "Authority" means the Health Insurance Risk-Sharing Plan Authority
25established under subch. III of ch. 149, 2011 stats.
AB40-ASA1,1224,1
1(b) "Board" means the board of directors of the authority.
AB40-ASA1,1224,22
(c) "Commissioner" means the commissioner of insurance of this state.
AB40-ASA1,1224,43
(d) "Plan" means the health care insurance plan established under subch. II of
4ch. 149, 2011 stats.
AB40-ASA1,1224,11
5(2) No cause of action of any nature may arise against, and no liability may be
6imposed upon, the authority, plan, or board; or any agent, employee, or director of any
7of them; or insurers participating in the plan; or the commissioner; or any agent,
8employee, or representative of the commissioner, for any act or omission by any of
9them in the performance of their powers and duties under ch. 149, 2011 stats., or
10under 2013 Wisconsin Act .... (this act), Section 9122 (1L), unless the person
11asserting liability proves that the act or omission constitutes willful misconduct.
AB40-ASA1,1224,15
12(3) (a) Except as provided in 2013 Wisconsin Act .... (this act), Section 9122 (1L),
13neither the state nor any political subdivision of the state nor any officer, employee,
14or agent of the state or a political subdivision acting within the scope of employment
15or agency is liable for any debt, obligation, act, or omission of the authority.
AB40-ASA1,1224,2016
(b) All of the expenses incurred by the authority, or the commissioner, or any
17agent, employee, or representative of the commissioner, in exercising its duties and
18powers under ch. 149, 2011 stats., or under 2013 Wisconsin Act .... (this act), Section
199122 (1L), shall be payable only from funds of the authority or from the appropriation
20under s. 20.145 (5) (g) or (k), or from any combination of those payment sources.
AB40-ASA1,2318m
21Section 2318m. 895.52 (1) (g) of the statutes is amended to read:
AB40-ASA1,1225,822
895.52
(1) (g) "Recreational activity" means any outdoor activity undertaken
23for the purpose of exercise, relaxation or pleasure, including practice or instruction
24in any such activity. "Recreational activity" includes hunting, fishing, trapping,
25camping, picnicking, exploring caves, nature study, bicycling, horseback riding,
1bird-watching, motorcycling, operating an all-terrain vehicle or utility terrain
2vehicle,
operating a vehicle, as defined in s. 340.01 (74), on a road designated under
3s. 23.115, ballooning, hang gliding, hiking, tobogganing, sledding, sleigh riding,
4snowmobiling, skiing, skating, water sports, sight-seeing, rock-climbing, cutting or
5removing wood, climbing observation towers, animal training, harvesting the
6products of nature, sport shooting and any other outdoor sport, game or educational
7activity. "Recreational activity" does not include any organized team sport activity
8sponsored by the owner of the property on which the activity takes place.
AB40-ASA1,2319
9Section
2319. 938.06 (1) (title) of the statutes is amended to read:
AB40-ASA1,1225,1010
938.06
(1) (title)
Counties with a population of 500,000 750,000 or more.
AB40-ASA1,2320
11Section
2320. 938.06 (1) (a) 1. of the statutes is amended to read:
AB40-ASA1,1225,2112
938.06
(1) (a) 1. In counties with a population of
500,000 750,000 or more, the
13county board of supervisors shall provide the court with the services necessary for
14investigating and supervising cases under this chapter by operating a children's
15court center under the supervision of a director who is appointed as provided in s.
1646.21 (1m) (a). Except as otherwise provided in this subsection, the director is the
17chief administrative officer of the center and of the intake and probation sections and
18juvenile detention facilities of the center. The director is responsible for managing
19the personnel of, and administering the services of, the sections and the juvenile
20detention facilities, and for supervising operation of the physical plant and
21maintenance and improvement of the buildings and grounds of the center.
AB40-ASA1,2321
22Section
2321. 938.06 (2) (title) of the statutes is amended to read:
AB40-ASA1,1225,2323
938.06
(2) (title)
Counties with a population under 500,000 750,000.
AB40-ASA1,2322
24Section
2322. 938.06 (2) (a) of the statutes is amended to read:
AB40-ASA1,1226,10
1938.06
(2) (a) In counties having less than
500,000 750,000 population, the
2county board of supervisors shall authorize the county department or the court, or
3both, to provide intake services under s. 938.067 and the staff needed to provide
4dispositional services under s. 938.069. Intake services shall be provided by
5employees of the court or the county department and may not be subcontracted to
6other individuals or agencies, except as provided in par. (am). Intake workers shall
7be governed in their intake work, including their responsibilities for requesting the
8filing of a petition and entering into a deferred prosecution agreement, by general
9written policies established by the circuit judges for the county, subject to the
10approval of the chief judge of the judicial administrative district.
AB40-ASA1,2323
11Section
2323. 938.06 (4) of the statutes is amended to read:
AB40-ASA1,1226,2012
938.06
(4) State aid. State aid to any county for juvenile delinquency-related
13court services under this section shall be at the same net effective rate that each
14county is reimbursed for county administration under s. 48.569, except as provided
15in s. 301.26. Counties having a population of less than
500,000 750,000 may use
16funds received under ss. 48.569 (1) (d) and 301.26, including county or federal
17revenue sharing funds allocated to match funds received under s. 48.569 (1) (d), for
18the cost of providing court attached intake services in amounts not to exceed
50% 50
19percent of the cost of providing court attached intake services or $30,000 per county
20per calendar year, whichever is less.
AB40-ASA1,2324
21Section
2324. 938.21 (1m) of the statutes is created to read:
AB40-ASA1,1227,622
938.21
(1m) Biological specimen. If the juvenile has been taken into custody
23on the basis of a violation that would be a felony if committed by an adult in this state,
24the court shall determine if a biological specimen has been obtained from the juvenile
25under s. 165.84 (7), and if not, the court shall direct that a law enforcement agency
1or tribal law enforcement agency obtain a biological specimen from the juvenile and
2submit it to the state crime laboratories as specified in rules promulgated by the
3department of justice under s. 165.76 (4). If the court requires the juvenile to provide
4a specimen under this subsection or if a biological specimen has already been
5obtained from the juvenile, the court shall inform the juvenile that he or she may
6request expungement under s. 165.77 (4).
AB40-ASA1,2325
7Section
2325. 938.30 (2m) of the statutes is created to read:
AB40-ASA1,1227,178
938.30
(2m) Biological specimen. If the juvenile is before the court on the basis
9of a violation that would be a felony if committed by an adult in this state, the court
10shall determine if a biological specimen has been obtained from the juvenile under
11s. 165.84 (7), and if not, the court shall direct that a law enforcement agency or tribal
12law enforcement agency obtain a biological specimen from the juvenile and submit
13it to the state crime laboratories as specified in rules promulgated by the department
14of justice under s. 165.76 (4). If the court requires the juvenile to provide a specimen
15under this subsection or if a biological specimen has already been obtained from the
16juvenile, the court shall inform the juvenile that he or she may request expungement
17under s. 165.77 (4).
AB40-ASA1,2325q
18Section 2325q. 938.34 (3) (f) 1. of the statutes is amended to read:
AB40-ASA1,1227,2419
938.34
(3) (f) 1. The placement may be for any combination of single or
20consecutive days totalling not more than
180 365, including any placement under
21pars. (a) to (e). The juvenile shall be given credit against the period of detention or
22nonsecure custody imposed under this paragraph for all time spent in secure
23detention in connection with the course of conduct for which the detention or
24nonsecure custody was imposed.
AB40-ASA1,2326
25Section
2326. 938.34 (6m) of the statutes is amended to read: