AB378: Bill Text

AB378, s. 492 Section 492. 808.03 (1) (intro.) of the statutes, as affected by 1995 Wisconsin Acts 139 and 224, is amended to read:

AB378,177,15 808.03 (1) Appeals as of right. (intro.) A final judgment or a final order of a circuit court may be appealed as a matter of right to the court of appeals unless otherwise expressly provided by law. A final judgment or final order is a judgment, order or disposition court record that disposes of the entire matter in litigation as to one or more of the parties, whether rendered in an action or special proceeding, and that is one of the following:

Note: The treatment of this provision by 1995 Wis. Act 139 rendered the insertion of "court record" by 1995 Wis. Act 224 surplusage.

AB378, s. 493 Section 493. 808.075 (4) (fn) 4. of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,177,18 808.075 (4) (fn) 4. Hearing for child juvenile held in custody under s. 938.21.

Note: Replaces "child" with "juvenile" for consistency of references with language of ch. 938.

AB378, s. 494 Section 494. The amendment of 809.11 (2) of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 224. Both amendments stand.

Note: There is no conflict of substance.

AB378, s. 495 Section 495. 809.19 (8) (b) 3. b. of the statutes is amended to read:

AB378,178,4 809.19 (8) (b) 3. b. If a monospaced font is used: 10 characters per inch; double-spaced; a 1.5 inch margin on the left side and 1 inch margins a one-inch margin on the all other 3 sides.

Note: Corrects spelling.

AB378, s. 496 Section 496. 812.44 (4) (form) 2. of the statutes is amended to read:

AB378,178,11 812.44 (4) (form) 2. You receive aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under section 59.07 (154) of the Wisconsin Statutes, medical assistance, supplemental security income, food stamps, or veterans benefits based on need under 38 USC 501 to 562 or section 45.351 (1) of the Wisconsin Statutes, or have received these benefits within the past 6 months.

Note: Inserts missing number.

AB378, s. 497 Section 497. 814.61 (12) (b) (intro.) of the statutes, as affected by 1995 Wisconsin Acts 201 and 279, is amended to read:

AB378,179,5 814.61 (12) (b) Maintenance payments and support. (intro.) Except in counties that have designated a county support collection designee under s. 59.07 (97m) 59.53 (5m), for receiving and disbursing money deposited as payment for maintenance payments, child support or family support payments, under interim or final orders in an action affecting the family, and for maintaining the records required under s. 59.40 (2) (h), an annual fee of up to $25 to be paid by each party ordered to make payments. Except in counties that have designated a county support collection designee under s. 59.07 (97m) 59.53 (5m), the court shall order each party ordered to make payments to pay the annual fee under this paragraph at the time of, and in addition to, the first payment to the clerk in each year for which payments are ordered. At the time of ordering the payment of an annual fee under this paragraph, the court shall notify each party ordered to make payments of the requirement to pay the annual fee and of the amount of the annual fee. If the annual fee under this paragraph is not paid when due, the clerk may not deduct the annual fee from the maintenance or support payment, but:

Note: Section 59.07 (97m) is renumbered s. 59.53 (5m) by this bill.

AB378, s. 498 Section 498. 814.612 (intro.) of the statutes, as created by 1995 Wisconsin Act 279, is amended to read:

AB378,179,22 814.612 Fees of designee for receiving and disbursing support. (intro.) In a county that has designated a county support collection designee under s. 59.07 (97m) 59.53 (5m), the support collection designee, for receiving and disbursing money deposited as payment for maintenance payments, child support or family support payments, under interim or final orders in an action affecting the family, and for maintaining the records required under s. 59.07 (97m) 59.53 (5m) (b) 1., shall collect an annual fee of up to $25 to be paid by each party ordered to make payments. In such a county, the court shall order each party ordered to make payments to pay the annual fee under this section at the time of, and in addition to, the first payment to the support collection designee in each year for which payments are ordered. At the time of ordering the payment of an annual fee under this section, the court shall notify each party ordered to make payments of the requirement to pay the annual fee and of the amount of the annual fee. If the annual fee under this section is not paid when due, the support collection designee may not deduct the annual fee from the maintenance or support payment, but:

Note: Section 59.07 (97m) is renumbered s. 59.53 (5m) by this bill.

AB378, s. 499 Section 499. 885.235 (1) of the statutes, as affected by 1995 Wisconsin Acts 436 and 448, is renumbered 885.235 (1g).

Note: Section 885.235 (5) is renumbered to s. 885.235 (1) by this bill.

AB378, s. 500 Section 500. The amendment of 885.235 (1) (a) 1. of the statutes by 1995 Wisconsin Act 436 is not repealed by 1995 Wisconsin Act 448. Both amendments stand.

Note: There is no conflict of substance. This provision is renumbered to s. 885.235 (1g) (a) 1. by this bill.

AB378, s. 501 Section 501. The amendment of 885.235 (1) (a) 2. of the statutes by 1995 Wisconsin Act 436 is not repealed by 1995 Wisconsin Act 448. Both amendments stand.

Note: There is no conflict of substance. This provision is renumbered to s. 885.235 (1g) (a) 2. by this bill.

AB378, s. 502 Section 502. 885.235 (5) of the statutes, as affected by 1995 Wisconsin Act 448, is renumbered 885.235 (1).

Note: Relocates definitions to the beginning of the section for conformity with current style.

AB378, s. 503 Section 503. 895.035 (2m) of the statutes, as affected by 1995 Wisconsin Acts 77 and 352, is amended to read:

AB378,181,12 895.035 (2m) (a) If a child juvenile fails to pay restitution under s. 938.245, 938.32, 938.34 (5), 938.343 (4) or 938.345 as ordered by a court assigned to exercise jurisdiction under chs. 48 and 938 or a municipal court or as agreed to in a deferred prosecution agreement or if it appears likely that the child juvenile will not pay restitution as ordered or agreed to, the victim, the victim's insurer, the representative of the public interest under s. 938.09 or the agency, as defined in s. 938.38 (1) (a), supervising the child juvenile may petition the court assigned to exercise jurisdiction under chs. 48 and 938 to order that the amount of restitution unpaid by the child juvenile be entered and docketed as a judgment against the child juvenile and the parent with custody of the child juvenile and in favor of the victim or the victim's insurer, or both. A petition under this paragraph may be filed after the expiration of the deferred prosecution agreement, consent decree, dispositional order or sentence under which the restitution is payable, but no later than one year after the expiration of the deferred prosecution agreement, consent decree, dispositional order or sentence or any extension of the consent decree, dispositional order or sentence. A judgment rendered under this paragraph does not bar the victim or the victim's insurer, or both, from commencing another action seeking compensation from the child or the parent, or both, if the amount of restitution ordered under this paragraph is less than the total amount of damages claimed by the victim or the victim's insurer.

AB378,181,25 (b) If a child juvenile fails to pay a forfeiture as ordered by a court assigned to exercise jurisdiction under chs. 48 and 938 or a municipal court or if it appears likely that the child juvenile will not pay the forfeiture as ordered, the representative of the public interest under s. 938.09, the agency, as defined in s. 938.38 (1) (a), supervising the child juvenile or the law enforcement agency that issued the citation to the child juvenile may petition the court assigned to exercise jurisdiction under chs. 48 and 938 to order that the amount of the forfeiture unpaid by the child juvenile be entered and docketed as a judgment against the child juvenile and the parent with custody of the child juvenile and in favor of the county or appropriate municipality. A petition under this paragraph may be filed after the expiration of the dispositional order or sentence under which the forfeiture is payable, but no later than one year after the expiration of the dispositional order or sentence or any extension of the dispositional order or sentence.

AB378,182,13 (bm) 1. Before issuing an order under par. (a) or (b), the court assigned to exercise jurisdiction under chs. 48 and 938 shall give the child juvenile and the parent notice of the intent to issue the order and an opportunity to be heard regarding the order. The court shall give the child juvenile and the parent an opportunity to present evidence as to the amount of the restitution or forfeiture unpaid, but not as to the amount of the restitution or forfeiture originally ordered. The court shall also give the child juvenile and the parent an opportunity to present evidence as to the reason for the failure to pay the restitution or forfeiture and the ability of the child juvenile or the parent to pay the restitution or forfeiture. In considering the ability of the child juvenile or the parent to pay the restitution or forfeiture, the court may consider the assets, as well as the income, of the child juvenile or the parent and may consider the future ability of the child juvenile or parent to pay the restitution or forfeiture within the time specified in s. 893.40.

AB378,182,18 2. In proceedings under this subsection, the court assigned to exercise jurisdiction under chs. 48 and 938 may take judicial notice of any deferred prosecution agreement, consent decree, dispositional order, sentence, extension of a consent decree, dispositional order or sentence or any other finding or order in the records of the child juvenile maintained by that court or the municipal court.

AB378,182,22 3. In proceedings under this subsection, the child juvenile and the parent may retain counsel of their own choosing at their own expense, but a child juvenile or a parent has no right to be represented by appointed counsel in a proceeding under this subsection.

AB378,183,14 (c) The court assigned to exercise jurisdiction under chs. 48 and 938 may order that the child juvenile perform community service work for a public agency or nonprofit charitable organization that is designated by the court in lieu of making restitution or paying the forfeiture. If the parent agrees to perform community service work in lieu of making restitution or paying the forfeiture, the court may order that the parent perform community service work for a public agency or a nonprofit charitable organization that is designated by the court. Community service work may be in lieu of restitution only if also agreed to by the public agency or nonprofit charitable organization and by the person to whom restitution is owed. The court may utilize any available resources, including any community service work program, in ordering the child juvenile or parent to perform community service work. The number of hours of community service work required may not exceed the number determined by dividing the amount owed on the restitution or forfeiture by the minimum wage established under ch. 104 for adults in nonagriculture, nontipped employment. The court shall ensure that the child juvenile or parent is provided with a written statement of the terms of the community service order and that the community service order is monitored.

Note: Replaces "child" with "juvenile" for consistency of references with language of ch. 938.

AB378, s. 504 Section 504. 895.035 (3) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

AB378,183,22 895.035 (3) An adjudication under s. 938.31 that the child juvenile violated a civil law or ordinance, is delinquent or is in need of protection and services under s. 938.13 (12), based on proof that the child juvenile committed the act, subject to its admissibility under s. 904.10, shall, in an action under sub. (1), stop a child's juvenile's parent or parents from denying that the child juvenile committed the act that resulted in the injury, damage or loss.

Note: Replaces "child" with "juvenile" for consistency of references with language of ch. 938.

AB378, s. 505 Section 505. 895.035 (4) of the statutes, as affected by 1995 Wisconsin Act 262, is amended to read:

AB378,184,11 895.035 (4) Except for recovery for retail theft under s. 943.51, the maximum recovery from any parent or parents may not exceed the amount specified in s. 799.01 (1) (d) for damages resulting from any one act of a child juvenile in addition to taxable costs and disbursements and reasonable attorney fees, as determined by the court. If 2 or more children juveniles in the custody of the same parent or parents commit the same act the total recovery may not exceed the amount specified in s. 799.01 (1) (d), in addition to taxable costs and disbursements. The maximum recovery from any parent or parents for retail theft by their minor child is established under s. 943.51.

Note: Replaces "child" and "children" with "juvenile" and "juveniles", respectively, for consistency of references with language of ch. 938.

AB378, s. 506 Section 506. 895.056 (3) (intro.) of the statutes is amended to read:

AB378,184,18 895.056 (3) (intro.)  If the wagerer does not sue for and recover the property, which was put up, staked or deposited, within the time specified under sub. (1), any other person may, in the person's behalf and the person's name, sue for and recover the property for the use and benefit of the wagerer's family or heirs, in case of the wager's wagerer's death. The suit may be brought against and property recovered from any of the following:

Note: Corrects spelling.

AB378, s. 507 Section 507. 895.056 (3) (a) of the statutes, as affected by 1995 Wisconsin Act 225, section 516, is amended to read:

AB378,184,23 895.056 (3) (a) The stakeholder or a 3rd person if the the property is still held by the stakeholder or 3rd person, within 6 months after the putting up, staking or depositing of the property.

Note: Deletes unnecessary "the".

AB378, s. 508 Section 508. 895.46 (6) of the statutes, as affected by 1995 Wisconsin Act 227, is amended to read:

AB378,185,16 895.46 (6) The protection afforded by this section applies to any criminal action under s. 144.74 291.97 (2) or 144.93 293.87 (2) or under 7 USC 136L (b), 15 USC 2616 (b), 33 USC 1319 (c), 42 USC 2284, 6928 (d) and (e), 6973 (b), 6992 (b) and (c), 7413 (c), 9603 (b), 9606 (b) and 11045 (b) or 49 USC appendix 1809 (b) that is commenced against a state officer or state employe who is proceeded against in his or her official capacity or as an individual because of acts committed in the storage, transportation, treatment or disposal of hazardous substances, as defined in s. 289.01 (11), if that officer or employe is found to be acting within the scope of his or her employment and if the attorney general determines that the state officer or state employe acted in good faith. Regardless of the determination made by the attorney general, the protection afforded by this section applies if the state officer or agent is not found guilty of the criminal action commenced under this subsection. This protection includes the payment of reasonable attorney fees in defending the action and costs or fines arising out of the action.

Note: Sections 144.74 and 144.93 were renumbered ss. 291.97 and 293.87 by 1995 Wis. Act 227.

AB378, s. 509 Section 509. 895.487 (1) (a) of the statutes, as created by 1995 Wisconsin Act 441, is amended to read:

AB378,185,20 895.487 (1) (a) "Employe" has the meaning given in s. 101.01 (2) (a) (3) and also includes a former employe.

Note: Inserts correct cross-reference. Section 101.01 (2) (a) was renumbered to s. 101.01 (3) by 1995 Wis. Act 27.

AB378, s. 510 Section 510. 895.487 (1) (b) of the statutes, as created by 1995 Wisconsin Act 441, is amended to read:

AB378,186,3 895.487 (1) (b) "Employer" has the meaning given in s. 101.01 (2) (b) (4).

Note: Inserts correct cross-reference. Section 101.01 (2) (b) was renumbered to s. 101.01 (4) by 1995 Wis. Act 27.

AB378, s. 511 Section 511. 895.55 (1) (i) of the statutes, as created by 1995 Wisconsin Act 192, is amended to read:

AB378,186,7 895.55 (1) (i) "State contingency plan" means the plan prepared and published under s. 144.76 292.11 (5).

Note: Inserts correct cross-reference. Section 144.76 was renumbered to s. 292.11 by 1995 Wis. Act 227.

AB378, s. 512 Section 512. 895.55 (2) (intro.) of the statutes, as created by 1995 Wisconsin Act 192, is amended to read:

AB378,186,16 895.55 (2) (intro.) Notwithstanding any provision of ch. 29, s. 299.11, 299.13, 299.31, 299.41, 299.43, 299.45, 299.51, 299.53 or 299.55, subchs. II and IV of ch. 30, subchs. II, IV, VI and VII of ch. 144, ch. 147 or 29, 166, 281, 283, 289, 291 or 292 or subch. II of ch. 295, or any other provision of this chapter, a person is immune from liability for damages resulting from the person's acts or omissions and for the removal costs resulting from the person's acts or omissions if all of the following conditions are met:

Note: Inserts correct cross-references. 1995 Wis. Act 192 did not take into account the renumbering of chs. 144 and 147 by 1995 Wis. Act 227.

AB378, s. 513 Section 513. 895.55 (3) (a) of the statutes, as created by 1995 Wisconsin Act 192, is amended to read:

AB378,187,2 895.55 (3) (a) Who is required to act under s. 144.76 292.11 (3) because the person possessed or controlled the oil that was initially discharged into the navigable waters of this state or caused the initial discharge or initial threat of discharge of the oil into the navigable waters of this state.

Note: Inserts correct cross-reference. Section 144.76 was renumbered to s. 292.11 by 1995 Wis. Act 227.

AB378, s. 514 Section 514. The amendment of 938.02 (15m) of the statutes by 1995 Wisconsin Act 216 is not repealed by 1995 Wisconsin Act 352. Both amendments stand.

Note: There is no conflict of substance.

AB378, s. 515 Section 515. 938.02 (17) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,187,10 938.02 (17) "Shelter care facility" means a nonsecure place of temporary care and physical custody for juveniles, including a holdover room, licensed by the department of health and family services under s. 48.66 (1).

Note: "Department" is defined as the department of corrections in ch. 938. The department of health and family services licenses shelter care facilities.

AB378, s. 516 Section 516. 938.065 (3) (b) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,187,14 938.065 (3) (b) Conduct fact-finding or dispositional hearings except on petitions or citations under s. 938.125 and except as provided in sub. (2) (gm).

Note: Inserts missing word.

AB378, s. 517 Section 517. 938.125 (2) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,187,21 938.125 (2) That the court has exclusive jurisdiction over any juvenile alleged to have violated an ordinance enacted under s. 118.163 (2) only if evidence is provided by the school attendance officer that the activities under s. 118.16 (5) have been completed or were not completed due to the child's juvenile's absence from school as provided in s. 118.16 (5m).

Note: Replaces "child" with "juvenile" for consistency of references within ch. 938.

AB378, s. 518 Section 518. 938.13 (6) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,188,6 938.13 (6) Who is habitually truant from school, if evidence is provided by the school attendance officer that the activities under s. 118.16 (5) have been completed or were not completed due to the child's juvenile's absence from school as provided in s. 118.16 (5m), except as provided under s. 938.17 (2).

Note: Replaces "child" with "juvenile" for consistency of references within ch. 938.

AB378, s. 519 Section 519. 938.18 (5) (d) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,188,11 938.18 (5) (d) The desirability of trial and disposition of the entire offense in one court if the juvenile was allegedly associated in the offense with persons who will be charged with a crime in circuit the court of criminal jurisdiction.

Note: Waiver of jurisdiction is from the juvenile court to the court of criminal jurisdiction, both of which are part of the circuit court.

AB378, s. 520 Section 520. The amendment of 938.183 (1) (a) of the statutes by 1995 Wisconsin Act 216 is not repealed by 1995 Wisconsin Act 352. Both amendments stand.

Note: There is no conflict of substance.

AB378, s. 521 Section 521. 938.183 (2) (c) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,188,21 938.183 (2) (c) If the juvenile is placed outside the juvenile's home under this subsection, the order shall contain, a designation of the amount of support, if any, to be paid by the juvenile's parent, guardian or trustee, specifying that the support obligation begins on the date of the placement, or a referral to the county designee under s. 59.07 (97) 59.53 (5) for establishment of child support.

Note: 1995 Wis. Act 201 renumbered s. 59.07 (97) to be s. 59.183 (2) (c) effective 9-1-96.

AB378, s. 522 Section 522. 938.20 (2) (d) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read: