AB967: Bill Text

Note: Inserts term used in the remainder of the provision for internal consistency.

AB967, s. 183 Section 183. The treatment of 938.533 (2) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35. Both treatments stand.

Note: There is no conflict of substance.

AB967, s. 184 Section 184. The treatments of 946.82 (4) of the statutes by 1997 Wisconsin Acts 79, 101 and .... (Assembly Bill 553) are not repealed by 1997 Wisconsin Act .... (Assembly Bill 742). All treatments stand.

Note: There is no conflict of substance.

AB967, s. 185 Section 185. 948.22 (4) (b) of the statutes, as affected by 1997 Wisconsin Act 35, is amended to read:

AB967,49,11 948.22 (4) (b) For a person not subject to a court order requiring child, grandchild or spousal support payments, when the person knows or reasonably should have known that he or she has a dependent, failure to provide support equal to at least the amount established by rule by the department of workforce development under s. 49.22 (9) (a) or causing a spouse, grandchild or child to become a dependent person, or continue to be a dependent person, as defined in s. 49.01 (2).

Note: Corrects cross-reference. 1995 Wis. Act 404 renumbered s. 46.25 (9) (a) to s. 49.22 (9).

AB967, s. 186 Section 186. 967.04 (2) of the statutes is amended to read:

AB967,49,19 967.04 (2) The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition. The notice shall state the name and address of each person to be examined. On motion of a party upon whom the notice is served, the court for cause shown may extend or shorten the time. Upon request of all defendants, unless good cause to the contrary is shown, the court may order that a deposition under this section be taken on the record by telephone or live audio-visual audiovisual means.

Note: Corrects spelling.

AB967, s. 187 Section 187. The treatment of 967.055 (1) (b) of the statutes by 1995 Wisconsin Act 436 is not repealed by 1995 Wisconsin Act 448. Both treatments stand.

Note: There is no conflict of substance.

AB967, s. 188 Section 188. 967.08 (1) of the statutes is amended to read:

AB967,50,15 967.08 (1) Unless good cause to the contrary is shown, proceedings referred to in this section may be conducted by telephone or live audio-visual audiovisual means, if available. If the proceeding is required to be reported under SCR 71.01 (2), the proceeding shall be reported by a court reporter who is in simultaneous voice communication with all parties to the proceeding. Regardless of the physical location of any party to the call, any plea, waiver, stipulation, motion, objection, decision, order or other action taken by the court or any party shall have the same effect as if made in open court. With the exceptions of scheduling conferences, pretrial conferences, and, during hours the court is not in session, setting, review, modification of bail and other conditions of release under ch. 969, the proceeding shall be conducted in a courtroom or other place reasonably accessible to the public. Simultaneous access to the proceeding shall be provided to persons entitled to attend by means of a loudspeaker or, upon request to the court, by making a person party to the telephone call without charge.

Note: Corrects spelling.

AB967, s. 189 Section 189. 970.03 (13) of the statutes is amended to read:

AB967,50,19 970.03 (13) Upon a showing by the proponent of good cause under s. 807.13 (2) (c), testimony may be received into the record of a preliminary examination by telephone or live audio-visual audiovisual means.

Note: Corrects spelling.

AB967, s. 190 Section 190. 971.14 (1) (c) of the statutes is amended to read:

AB967,51,9 971.14 (1) (c) Except as provided in par. (b), the court shall not proceed under sub. (2) until it has found that it is probable that the defendant committed the offense charged. The finding may be based upon the complaint or, if the defendant submits an affidavit alleging with particularity that the averments of the complaint are materially false, upon the complaint and the evidence presented at a hearing ordered by the court. The defendant may call and cross-examine witnesses at a hearing under this paragraph but the court shall limit the issues and witnesses to those required for determining probable cause. Upon a showing by the proponent of good cause under s. 807.13 (2) (c), testimony may be received into the record of the hearing by telephone or live audio-visual audiovisual means. If the court finds that any charge lacks probable cause, it shall dismiss the charge without prejudice and release the defendant except as provided in s. 971.31 (6).

Note: Corrects spelling.

AB967, s. 191 Section 191. 971.14 (4) (b) of the statutes is amended to read:

AB967,52,7 971.14 (4) (b) If the district attorney, the defendant and defense counsel waive their respective opportunities to present other evidence on the issue, the court shall promptly determine the defendant's competency and, if at issue, competency to refuse medication or treatment for the defendant's mental condition on the basis of the report filed under sub. (3) or (5). In the absence of these waivers, the court shall hold an evidentiary hearing on the issue. Upon a showing by the proponent of good cause under s. 807.13 (2) (c), testimony may be received into the record of the hearing by telephone or live audio-visual audiovisual means. At the commencement of the hearing, the judge shall ask the defendant whether he or she claims to be competent or incompetent. If the defendant stands mute or claims to be incompetent, the defendant shall be found incompetent unless the state proves by the greater weight of the credible evidence that the defendant is competent. If the defendant claims to be competent, the defendant shall be found competent unless the state proves by evidence that is clear and convincing that the defendant is incompetent. If the defendant is found incompetent and if the state proves by evidence that is clear and convincing that the defendant is not competent to refuse medication or treatment, under the standard specified in sub. (3) (dm), the court shall make a determination without a jury and issue an order that the defendant is not competent to refuse medication or treatment for the defendant's mental condition and that whoever administers the medication or treatment to the defendant shall observe appropriate medical standards.

Note: Corrects spelling.

AB967, s. 192 Section 192. 971.17 (7) (d) of the statutes is amended to read:

AB967,52,11 971.17 (7) (d) Upon a showing by the proponent of good cause under s. 807.13 (2) (c), testimony may be received into the record of a hearing under this section by telephone or live audio-visual audiovisual means.

Note: Corrects spelling.

AB967, s. 193 Section 193. 980.03 (5) of the statutes is amended to read:

AB967,52,15 980.03 (5) Upon a showing by the proponent of good cause under s. 807.13 (2) (c), testimony may be received into the record of a hearing under this section by telephone or live audio-visual audiovisual means.

Note: Corrects spelling.

AB967, s. 194 Section 194. 990.01 (24) of the statutes is amended to read:

AB967,53,4 990.01 (24) Oath. "Oath" includes affirmation in all cases where by law an affirmation may be substituted for an oath. If any oath or affirmation is required to be taken such oath or affirmation shall be taken before and administered by some officer authorized by the laws of this state to administer oaths, at the place where the same is required to be taken or administered, unless otherwise expressly directed, and, when necessary, duly certified by such officer. If an oath is administered it shall end with the words "so help me God". In actions and proceedings in the courts, a person may take an oath or affirmation in communication with the administering officer by telephone or audio-visual audiovisual means.

Note: Corrects spelling.

AB967, s. 195 Section 195. 1997 Wisconsin Act 27, section 253k is amended by replacing "the amount determined by" with "the amount determined by".

Note: 1997 Wis. Act 27 showed "the amount determined by" as underscored, but it was previously existing text.

AB967, s. 196 Section 196. 1997 Wisconsin Act 27, section 1407 is amended by replacing "59.07 (97) 59.53 (5)" with "59.53 (5)".

Note: 1997 Wis. Act 27, section 1407, treated s. 46.03 (7) (bm) "as affected by 1997 Wisconsin Act 3. Act 3 changed the reference to s. "59.07 (97)" to s. "59.53 (5)". The reference to s. "59.53 (5)" should have been shown in plain text and "59.07 (97) should not have appeared in Act 27.

AB967, s. 197 Section 197. 1997 Wisconsin Act 27, section 2475 is amended by replacing "$1,123,638,100" with "$1,083,638,100".

Note: 1997 Wis. Act 27, section 2475, showed $1,123,638,100 as stricken from s. 84.59 (6). That number did not exist in s. 84.59 (6). The number in the existing statute was $1,083,638,100.

AB967, s. 198 Section 198. 1997 Wisconsin Act 39, section 166 (1) is amended to read:

AB967,53,14 [1997 Wisconsin Act 39] Section 166 (1) The treatment of section 20.445 (1) (gd) (by Section 9) of the statutes takes effect on the date specified in 1997 Wisconsin Act 27, section 9246 9426 (1h).

Note: Corrects transposed digits.

AB967, s. 199 Section 199. 1997 Wisconsin Act .... (Assembly Bill 755), section 8 is amended by replacing "an approval, or submits a notice under s. 30.207 (7) after the project is begun" with "an approval, or submits a notice under s. 30.207 (7) after the project is begun".

Note: The word "the" was underscored in 1997 Wisconsin Act .... (AB 755), but actually was preexisting text. No change was intended.

AB967, s. 200 Section 200. Nonstatutory provisions.

AB967,54,3 (1) Reconciliation provision. If 1997 Assembly Bill 410 is not enacted into law, the treatment of section 938.355 (6m) (a) (intro.) of the statutes by this act is void.

AB967,54,5 (2) Reconciliation provision. If 1997 Assembly Bill 447 is not enacted into law, the treatment of section 293.83 (1) (d) of the statutes by this act is void.

AB967,54,7 (3) Reconciliation provision. If 1997 Assembly Bill 755 is not enacted into law, the treatment of 1997 Assembly Bill 755, section 8, by this act is void.

AB967, s. 201 Section 201. Effective dates. This act takes effect on the day after publication, except as follows:

AB967,54,12 (1) The treatment of section 48.57 (3p) (h) of the statutes and the repeal and recreation of section 48.57 (3p) (g) (intro.) of the statutes take effect on the day after publication of the 2001-03 biennial budget.

AB967,54,16 (2) The treatment of sections 49.855 (4), 767.262 (4) (b) and 767.29 (1) (a) of the statutes takes effect on the date stated in the notice published by the department of workforce development in the Wisconsin Administrative Register under section 767.29 (1) (f) of the statutes, or on October 1, 1999, whichever is earlier.

AB967,54,18 (3) The treatment of section 49.175 (1) (b) 1. of the statutes takes effect on February 1, 1999.

AB967,54,20 (4) The treatment of section 48.651 (1) (intro.) (by Section 55 ) of the statutes takes effect on October 1, 1998.

AB967,54,22 (5) The treatment of section 20.445 (1) (gd) (by Section 23 ) of the statutes takes effect on July 1, 1999.

AB967,55,2 (6) The treatment of section 118.40 (3) (d) of the statutes takes effect on July 1, 1998.

AB967,55,3 (End)