AB150: Bill Text

AB150,2323,4 2. The state contingency plan under s. 144.76 (5).

AB150,2323,6 3. The federal on-scene coordinator of the containment and stabilization of the oil discharge.

AB150,2323,7 4. The secretary of natural resources or his or her designee.

AB150, s. 7218 Section 7218. 895.48 (2) (f) of the statutes is created to read:

AB150,2323,9 895.48 (2) (f) The immunity under par. (e) does not extend to any person:

AB150,2323,11 1. Who is required to act under s. 144.76 (3) because the person possessed or controlled the oil that was discharged or caused the discharge of the oil.

AB150,2323,12 2. Whose act or omission involves reckless, wanton or intentional misconduct.

AB150, s. 7219 Section 7219. 895.52 (2) (a) 2. of the statutes is amended to read:

AB150,2323,15 895.52 (2) (a) 2. A duty to inspect the property, except as provided under s. ss. 23.115 (2) and 27.0137 (2).

AB150, s. 7220 Section 7220. 895.52 (3) (b) of the statutes is amended to read:

AB150,2323,21 895.52 (3) (b) An injury caused by a malicious act or by a malicious failure to warn against an unsafe condition of which an officer, employe or agent knew, which occurs on property designated by the department of natural resources under s. 23.115 or by the department of tourism and parks under s. 27.0137 or designated by another state agency for a recreational activity.

AB150, s. 7221 Section 7221. 895.53 (1) (am) of the statutes is created to read:

AB150,2323,24 895.53 (1) (am) "State park ranger" means a person appointed as a state park ranger by the department of tourism and parks under s. 27.92.

AB150, s. 7222 Section 7222. 895.53 (2) of the statutes is amended to read:

AB150,2324,5 895.53 (2) Any person withdrawing blood at the request of a traffic officer, law enforcement officer or, conservation warden or state park ranger for the purpose of determining the presence or quantity of alcohol, controlled substances or both is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.

AB150, s. 7223 Section 7223. 895.65 (1) (c) of the statutes is amended to read:

AB150,2324,14 895.65 (1) (c) "Governmental unit" means any association, authority, board, commission, department, independent agency, institution, office, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature, the office of the governor and the courts. "Governmental unit" does not mean the University of Wisconsin Hospitals and Clinics Authority or any political subdivision of the state or body within one or more political subdivisions which is created by law or by action of one or more political subdivisions.

AB150, s. 7224 Section 7224. 904.085 (2) (a) of the statutes is amended to read:

AB150,2324,21 904.085 (2) (a) "Mediation" means mediation under s. 93.50 (3), conciliation under s. 111.54, mediation of a labor dispute under s. 111.11, 111.70 (4) (cm) 3 or 111.87 subch. I, IV or V of ch. 111, negotiation under s. 144.445 (9), mediation under ch. 655 or s. 767.11, or any similar statutory, contractual or court-referred process facilitating the voluntary resolution of disputes. "Mediation" does not include binding arbitration or appraisal.

AB150, s. 7225 Section 7225. 905.15 (1) of the statutes is amended to read:

AB150,2325,5 905.15 (1) An employe of the department of health and social services, the department of industry, labor and human relations or a county department under s. 46.215, 46.22 or 46.23 or a member of a governing body of a federally recognized American Indian tribe who is authorized by federal law to have access to or awareness of the federal tax return information of another in the performance of duties under s. 49.19 or 49.45 or 7 USC 2011 to 2049 may claim privilege to refuse to disclose the information and the source or method by which he or she received or otherwise became aware of the information.

AB150, s. 7226 Section 7226. 939.632 of the statutes is created to read:

AB150,2325,7 939.632 Penalties; violent crime in a school zone. (1) In this section:

AB150,2325,11 (a) "School" means a public, parochial or private school that provides an educational program for one or more grades between grades 1 and 12 and that is commonly known as an elementary school, middle school, junior high school, senior high school or high school.

AB150,2325,12 (b) "School bus" means any of the following:

AB150,2325,15 1. A motor vehicle that is designed to carry 10 or more passengers in addition to the operator or a motor vehicle painted in accordance with s. 347.44 (1), and that is used for the purpose of transporting:

AB150,2325,18 a. Pupils to or from a public school, as defined in s. 115.01 (1), or a private school, as defined in s. 115.001 (3r), or pupils to or from a technical college whenever required to do so under s. 118.15 (1).

AB150,2325,19 b. Pupils to or from curricular or extracurricular activities.

AB150,2325,20 c. Pupils to or from religious instruction on days when school is in session.

AB150,2325,23 d. Children, as defined under s. 115.76 (2), with exceptional educational needs of a type specified under s. 115.76 (3) (a) to (L) to or from an educational program approved by the department of public instruction.

AB150,2326,2 2. A motor vehicle that is painted in accordance with s. 347.44 (1) and is used for the purpose of transporting disabled persons, as defined in s. 85.21 (2) (cm), or elderly persons, as defined in s. 85.22 (2) (b), in connection with any transportation assistance program for elderly or disabled persons.

AB150,2326,5 3. A motor vehicle owned or operated by a parent or guardian transporting children if the school has contracted with or paid compensation to the parent or guardian for the transportation.

AB150,2326,7 4. A motor vehicle operated as an alternative method of transportation under s. 121.555.

AB150,2326,8 5. A motor bus operated for purposes specified in subd. 1. b.

AB150,2326,10 6. A motor vehicle operated in an urban mass transit system, as defined in s. 85.20 (1) (e) and (L), for any purpose under subd. 1. a. to d.

AB150,2326,13 (c) "School premises" means any school building, grounds, recreation area or athletic field or any other property owned, used or operated for school administration.

AB150,2326,14 (d) "School zone" means any of the following:

AB150,2326,15 1. On the premises of a school.

AB150,2326,16 2. Within 1,000 feet from the premises of a school.

AB150,2326,17 3. On a school bus.

AB150,2326,18 4. Within 1,000 feet of a school bus.

AB150,2326,21 (e) "Violent crime" means any crime specified in ch. 940 or in s. 941.20, 941.21, 943.02, 943.03, 943.04, 943.06, 943.10, 943.23 (1g), (1m) or (1r), 943.32, 946.43, 948.02, 948.025, 948.03, 948.055, 948.06 or 948.07.

AB150,2326,23 (2) If a person commits a violent crime in a school zone, the maximum period of imprisonment is increased as follows:

AB150,2326,25 (a) If the violent crime is a felony, the maximum period of imprisonment is increased by 5 years.

AB150,2327,3 (b) If the violent crime is a misdemeanor, the maximum period of imprisonment is increased by 6 months and the crime is changed in status from a misdemeanor to a felony.

AB150,2327,11 (3) (a) In addition to any other penalties that may apply to the crime under sub. (2), the court may require the person to complete 100 hours of community service work for a public agency or a nonprofit charitable organization. The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored. Any organization or agency acting in good faith to which a defendant is assigned under an order under this paragraph has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the defendant.

AB150,2327,14 (b) The court shall not impose the requirement under par. (a) if the court determines that the person would pose a threat to public safety while completing the requirement.

AB150,2327,17 (4) This section provides for the enhancement of the penalties applicable for the underlying crime. The court shall direct that the trier of fact find a special verdict as to all of the issues specified in sub. (2).

AB150, s. 7227 Section 7227. 940.207 (title) of the statutes is amended to read:

AB150,2327,20 940.207 (title) Battery or threat to department of development or department of industry, labor and human relations employe.

AB150, s. 7228 Section 7228. 940.207 (2) (intro.) of the statutes is amended to read:

AB150,2327,25 940.207 (2) (intro.)  Whoever intentionally causes bodily harm or threatens to cause bodily harm to the person or family member of any department of development or department of industry, labor and human relations official, employe or agent under all of the following circumstances is guilty of a Class D felony:

AB150, s. 7229 Section 7229. 940.207 (2) (a) of the statutes is amended to read:

AB150,2328,4 940.207 (2) (a) At the time of the act or threat, the actor knows or should have known that the victim is a department of development or department of industry, labor and human relations official, employe or agent or a member of his or her family.

AB150, s. 7230 Section 7230. 943.62 (2m) of the statutes is amended to read:

AB150,2328,8 943.62 (2m) This section does not apply to a savings and loan association, credit union, bank, savings bank, or a mortgage banker, loan originator or loan solicitor registered under s. 440.72 224.72.

AB150, s. 7231 Section 7231. 945.06 of the statutes is amended to read:

AB150,2328,24 945.06 Public utilities to cease service. When any public utility, common carrier, contract carrier, or railroad, subject to the jurisdiction of the public service commission, office of the commissioner of railroads or department of transportation of this state, is notified in writing by a federal, state or local law enforcement agency, acting within its jurisdiction, that any facility furnished by it is being used or will be used for the purpose of transmitting or receiving gambling information in violation of the laws of this state it shall discontinue or refuse the leasing, furnishing or maintaining of such facility, after reasonable notice to the subscriber, but no damages, penalty or forfeiture, civil or criminal, shall be found against any such public utility, common carrier, contract carrier or railroad, for any act done in compliance with any notice received from a law enforcement agency under this section. Nothing in this section shall be deemed to prejudice the right of any person affected thereby to secure an appropriate determination as otherwise provided by law in any court or tribunal or agency, that such facility should not be discontinued or removed, or should be restored.

AB150, s. 7232 Section 7232. 946.13 (10) of the statutes is amended to read:

AB150,2329,4 946.13 (10) Subsection (1) (a) does not apply to a member of a private industry council or a state job training coordinating council appointed under the job training partnership act, 29 USC 1512, or to a member of the governor's council on workforce excellence appointed under s. 15.227 (24).

AB150, s. 7233 Section 7233. 946.42 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385, is amended to read:

AB150,2329,22 946.42 (1) (a) "Custody" includes without limitation actual custody of an institution, including a secured juvenile correctional facility, a secure detention facility, as defined under s. 48.02 (16), or a juvenile portion of a county jail, or of a peace officer or institution guard and constructive custody of prisoners and juveniles subject to an order under s. 48.34 (4m), 48.357 (4) or (5) (e) or 48.366 temporarily outside the institution whether for the purpose of work, school, medical care, a leave granted under s. 303.068, a temporary leave or furlough granted to a juvenile or otherwise. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the county to which the prisoner was transferred after conviction. "Custody" also includes the custody by the department of health and social services of a child who is placed in the community under corrective sanctions supervision under s. 48.533 and custody by the department of corrections of a person who is placed in the community under youthful serious juvenile offender supervision under s. 48.537. It does not include the custody of a probationer or parolee by the department of corrections or a probation or parole officer or the custody of a person who has been released to aftercare supervision under ch. 48 unless the person is in actual custody.

AB150, s. 7234 Section 7234. 946.44 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377 and 486, is amended to read:

AB150,2330,4 946.44 (1) (a) Any officer or employe of an institution where prisoners are detained or any officer or employe providing corrective sanctions supervision under s. 48.533 or youthful serious juvenile offender supervision under s. 48.537 who intentionally permits a prisoner in the officer's or employe's custody to escape; or

AB150, s. 7235 Section 7235. 946.45 (1) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB150,2330,11 946.45 (1) Any officer or employe of an institution where prisoners are detained or any officer or employe providing corrective sanctions supervision under s. 48.533 or youthful serious juvenile offender supervision under s. 48.537 who, through his or her neglect of duty, allows a prisoner in his or her custody to escape is guilty of a Class B misdemeanor.

AB150, s. 7236 Section 7236. 948.01 (1) of the statutes is amended to read:

AB150,2330,16 948.01 (1) "Child" means a person who has not attained the age of 18 years, except that for purposes of prosecuting a person who is alleged to have violated a state or federal criminal law, "child" does not include a person who has attained the age of 17 years.

AB150, s. 7237 Section 7237. 948.31 (1) (a) 2. of the statutes is amended to read:

AB150,2330,21 948.31 (1) (a) 2. The department of health and social services or the department of corrections or any person, county department under s. 46.215, 46.22 or 46.23 or licensed child welfare agency, if custody of the child has been transferred under ch. 48 to that department, person or agency.

AB150, s. 7238 Section 7238. 948.35 (1) (a) of the statutes is amended to read:

AB150,2331,3 948.35 (1) (a) Except as provided in pars. (b) to (d) or s. 161.455, any person who has attained the age of 18 17 years and who, with the intent that a felony be committed and under circumstances that indicate unequivocally that he or she has the intent, knowingly solicits, advises, hires, directs or counsels a child person 17 years of age or under to commit that felony may be fined or imprisoned or both, not to exceed the maximum penalty for the felony.

AB150, s. 7239 Section 7239. 948.36 (1) of the statutes is amended to read:

AB150,2331,11 948.36 (1) Any person who has attained the age of 18 17 years and who, with the intent that a Class A felony be committed and under circumstances that indicate unequivocally that he or she has that intent, knowingly solicits, advises, hires, directs, counsels, employs, uses or otherwise procures a child person 17 years of age or under to commit that Class A felony may, if the Class A felony is committed by the child, be imprisoned for not more than 5 years in excess of the maximum period of imprisonment provided by law for that Class A felony.

AB150, s. 7240 Section 7240. 948.45 (1) of the statutes is amended to read:

AB150,2331,16 948.45 (1) Except as provided in sub. (2), any person 18 17 years of age or older who, by any act or omission, knowingly encourages or contributes to the truancy, as defined under s. 118.16 (1) (c), of a child person 17 years of age or under is guilty of a Class C misdemeanor.

AB150, s. 7241 Section 7241. 948.45 (2) of the statutes is amended to read:

AB150,2331,19 948.45 (2) Subsection (1) does not apply to a person who has under his or her control a child who has been sanctioned under s. 49.50 (7) (h) 49.26 (1) (h).

AB150, s. 7242 Section 7242. 948.60 (title), (2) and (3) of the statutes are amended to read:

AB150,2331,22 948.60 (title) Possession of a dangerous weapon by a child person under 18.

AB150,2331,24 (2) (a) Any child person under 18 years of age who possesses or goes armed with a dangerous weapon is guilty of a Class A misdemeanor.

AB150,2332,3 (b) Except as provided in par. (c), any person who intentionally sells, loans or gives a dangerous weapon to a child person under 18 years of age is guilty of a Class E felony.

AB150,2332,6 (c) Whoever violates par. (b) is guilty of a Class D felony if the child person under 18 years of age under par. (b) discharges the firearm and the discharge causes death to himself, herself or another.

AB150,2332,8 (d) A child person under 17 years of age who has violated this subsection is subject to the provisions of ch. 48 unless jurisdiction is waived under s. 48.18

AB150,2332,16 (3) (a) This section does not apply to a child person under 18 years of age who possesses or is armed with a dangerous weapon when the dangerous weapon is being used in target practice under the supervision of an adult or in a course of instruction in the traditional and proper use of the dangerous weapon under the supervision of an adult. This section does not apply to an adult who transfers a dangerous weapon to a child person under 18 years of age for use only in target practice under the adult's supervision or in a course of instruction in the traditional and proper use of the dangerous weapon under the adult's supervision.

AB150,2332,21 (b) This section does not apply to a child person under 18 years of age who is a member of the armed forces or national guard and who possesses or is armed with a dangerous weapon in the line of duty. This section does not apply to an adult who is a member of the armed forces or national guard and who transfers a dangerous weapon to a child person under 18 years of age in the line of duty.

AB150,2333,2 (c) This section does not apply to a child person under 18 years of age who possesses or is armed with a firearm having a barrel 12 inches in length or longer and who is in compliance with ss. 29.226 and 29.227. This section does not apply to an adult who transfers a firearm having a barrel 12 inches in length or longer to a child person under 18 years of age who is in compliance with ss. 29.226 and 29.227.

AB150, s. 7243 Section 7243. 948.61 (4) of the statutes is amended to read:

AB150,2333,5 948.61 (4) A child person under 17 years of age who has violated this section is subject to the provisions of ch. 48, unless jurisdiction is waived under s. 48.18.