AB925: Bill Text

AB925,77,22 (b) If the court uses alternative (b) enters an order under par. (a) 2., it shall, in jury trials, instruct the jury to disregard the video portions of the presentation when the audio portion is suppressed.

AB925,78,3 (c) If the court uses alternative (c) enters an order under par. (a) 3., it shall, in jury trials, instruct the jury to disregard any deletions apparent in the playing of the videotape.

Note: Subdivides provision in outline form and amends the (intro.) paragraph and the subsequent subdivisions for improved readability and conformity with current style.

AB925, s. 167 Section 167. 891.23 of the statutes is renumbered 891.23 (1) and amended to read:

AB925,78,15 891.23 (1) Copies of the entries in the books of any life or mutual benefit insurance corporation or association engaged in doing business on the level premium or assessment plan, together with statements verified by the custodian of the books, showing the number of members insured in or belonging to the corporation or association, and the number of members in each class or grade thereof, and the aggregate amount which that would be due from them upon a single assessment, and that the copies are true and are taken from the regular books of the corporation or association used and kept for the transaction of its business, and that the books are now in his or her custody or under his or her control, shall be received in all proceedings as prima facie evidence of the entries or statements.

AB925,79,2 (2) No officer of any such corporation or association described in sub. (1) may be compelled (unless by special order of the court or officer before whom the action or proceeding is pending) to produce any books or records thereof of the corporation or association, except by special order of the court or officer before whom the action or proceeding is pending. Verified copies and statements shall be furnished to the attorney who reasonably requires them, at least 6 days before the time set for the trial or hearing of the action or proceeding, and the books and records shall be subject to the inspection of any interested party or his or her attorney to the extent prescribed by the court or officer.

Note: Subdivides long paragraph, inserts specific reference and cross-reference and relocates text to accommodate the removal of parentheses for improved readability and conformity with current style. Replaces "which" with "that" to correct grammar.

AB925, s. 168 Section 168. 893.17 (2) of the statutes is renumbered 893.17 (2) (intro.) and amended to read:

AB925,79,11 893.17 (2) (intro.) If Except as provided in sub. (2m), if a person entitled to commence any action for the recovery of real property or to make an entry or defense founded on the title to real property or to rents or services out of the same real property is, at the time such the title shall first descend or accrue, either: within under any of the following disabilities, the time during which the disability continues is not a part of the time limited by this chapter for the commencement of the action or the making of the entry or defense:

AB925,79,12 (a) The person is under the age of 18 years; or.

AB925,79,13 (b) The person is insane; or.

AB925,79,18 (c) The person is imprisoned on a criminal charge or in execution upon conviction of a criminal offense, for a term less than for life, the time during which such disability shall continue shall not be deemed any portion of the time in this chapter limited for the commencement of such action or the making of such entry or defense; but such.

AB925,79,23 (2m) An action under sub. (2) may be commenced or entry or defense made, after the time limited and within 5 years after the disability shall cease ceases or after the death of the person entitled, who shall die dies, if the person dies while under such the disability;, but such the action shall not be commenced or entry or defense made after that period.

Note: Subdivides provision in outline form and amends the (intro.) paragraph and the subsequent paragraphs for improved readability and conformity with current style and s. 893.18 (2), a similar and related provision.

AB925, s. 169 Section 169. 893.18 (2) (intro.) of the statutes is amended to read:

AB925,80,8 893.18 (2) (intro.) If a person entitled to bring an action mentioned in this chapter, Except as provided in sub. (2m), and except in actions for the recovery of a penalty or forfeiture or, actions against a sheriff or other officer for an escape, or actions for the recovery or possession of real property or the possession thereof is,, if a person entitled to bring an action mentioned in this chapter was at the time the cause of action accrued, either under any of the following disabilities, the time of the disability is not a part of the time limited for the commencement of the action:

Note: Moves text from s. 893.18 (2) (c) and amends provision in order to conform the style of this (intro.) subsection and the numbering of the subsection to current style. Changes "is" to "was" for internal agreement, using the past tense as this section applies only to actions accruing prior to 7-1-80. See the next section of this bill.

AB925, s. 170 Section 170. 893.18 (2) (a) to (c) of the statutes are amended to read:

AB925,80,11 893.18 (2) (a) Within The person is under the age of 18 years, except for actions against health care providers; or.

AB925,80,12 (b) Insane; The person is insane.

AB925,80,15 (c) Imprisoned The person is imprisoned on a criminal charge or in execution under sentence of a criminal court for a term less than life, the time of such disability is not a part of the time limited for the commencement of the action, except that the.

AB925,80,19 (2m) The period within which the an action must be brought cannot be extended under sub. (2) more than 5 years by any such disability, except infancy;, nor can it that period be so extended , in any case, longer than one year after the disability ceases.

Note: Separates language that does not fit within the subject matter of s. 893.18 (2) (c) into a separate sub. (2m) and amends pars. (a) to (c) in accordance with the treatment of s. 893.18 (2) (intro.) by the previous section of this bill.

AB925, s. 171 Section 171. 895.01 (1) of the statutes is renumbered 895.01 (1) (intro.) and amended to read:

AB925,81,4 895.01 (1) (intro.) In addition to the causes of action that survive at common law, all of the following shall also survive: causes

AB925,81,5 (a) Causes of action to determine paternity,.

AB925,81,7 (b) Causes of action for the recovery of personal property or the unlawful withholding or conversion of personal property,.

AB925,81,9 (c) Causes of action for the recovery of the possession of real estate and for the unlawful withholding of the possession of real estate, .

AB925,81,10 (d) Causes of action for assault and battery,.

AB925,81,11 (e) Causes of action for false imprisonment,.

AB925,81,12 (f) Causes of action for invasion of privacy,.

AB925,81,14 (g) Causes of action for a violation of s. 968.31 (2m) or other damage to the person,.

AB925,81,16 (h) Causes of action for all damage done to the property rights or interests of another,.

AB925,81,17 (i) Causes of action for goods taken and carried away,.

AB925,81,18 (j) Causes of action for damages done to real or personal estate, equitable.

AB925,81,19 (k) Equitable actions to set aside conveyances of real estate,.

AB925,81,20 (L) Equitable actions to compel a reconveyance of real estate, or.

AB925,81,21 (m) Equitable actions to quiet the title to real estate, and.

AB925,81,23 (n) Equitable actions for a specific performance of contracts relating to real estate.

AB925,82,3 (o) Causes of action for wrongful death, which shall survive the death of the wrongdoer whether or not the death of the wrongdoer occurred before or after the death of the injured person.

Note: Subdivides long provision in outline form to break up long sentence, consistent with current style.

AB925, s. 172 Section 172. 895.70 (2) (b) of the statutes is amended to read:

AB925,82,12 895.70 (2) (b) Notwithstanding ss. 801.09 (1), 801.095, 802.04 (1) and 815.05 (intro.) (1g) (a), in an action brought under this section, the plaintiff may substitute his or her initials, or fictitious initials, and his or her age and county of residence for his or her name and address on the summons and complaint. The plaintiff's attorney shall supply the court the name and other necessary identifying information of the plaintiff. The court shall maintain the name and other identifying information, and supply the information to other parties to the action, in a manner which that reasonably protects the information from being disclosed to the public.

Note: Amends cross-reference. Section 815.05 (intro.) is renumbered s. 815.05 (1g) (a) by this bill. Replaces incorrectly used "which" in conformity with current style.

AB925, s. 173 Section 173. 902.01 (2) of the statutes is renumbered 902.01 (2) (intro.) and amended to read:

AB925,82,16 902.01 (2) Kinds of facts. (intro.) A judicially noticed fact must be one not subject to reasonable dispute in that it is either any of the following:

AB925,82,18 (a) A fact generally known within the territorial jurisdiction of the trial court or.

AB925,82,20 (b) A fact capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.

Note: Renumbers provision in outline form consistent with current style and amends the (intro.) subsection and subsequent paragraphs accordingly.

AB925, s. 174 Section 174. 906.11 (1) of the statutes is renumbered 906.11 (1) (intro.) and amended to read:

AB925,83,5 906.11 (1) (intro.) Control by judge. The judge shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to do all of the following:

AB925,83,7 (a) make Make the interrogation and presentation effective for the ascertainment of the truth,.

AB925,83,8 (b) avoid Avoid needless consumption of time, and.

AB925,83,9 (c) protect Protect witnesses from harassment or undue embarrassment.

Note: Renumbers provision in outline form consistent with current style and amends the (intro.) subsection and subsequent paragraphs accordingly.

AB925, s. 175 Section 175. 906.13 (2) of the statutes is renumbered 906.13 (2) (a) (intro.) and amended to read:

AB925,83,13 906.13 (2) (a) (intro.) Extrinsic evidence of a prior inconsistent statement by a witness is not admissible unless: (a) the any of the following is applicable:

AB925,83,15 1. The witness was so examined while testifying as to give the witness an opportunity to explain or to deny the statement; or (b) the.

AB925,83,17 2. The witness has not been excused from giving further testimony in the action; or (c) the.

AB925,83,18 3. The interests of justice otherwise require. This provision

AB925,83,20 (b) Paragraph (a) does not apply to admissions of a party-opponent as defined in s. 908.01 (4) (b).

Note: Renumbers provision in outline form consistent with current style and amends the (intro.) subsection and subsequent paragraphs accordingly. Inserts specific cross-references.

AB925, s. 176 Section 176. 908.03 (3) of the statutes is amended to read:

AB925,84,6 908.03 (3) Then existing mental, emotional, or physical condition. A statement of the declarant's then existing state of mind, emotion, sensation, or physical condition (, such as intent, plan, motive, design, mental feeling, pain, and bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the execution, revocation, identification, or terms of declarant's will.

Note: Replaces parentheses consistent with current style.

AB925, s. 177 Section 177. 908.03 (22) of the statutes is amended to read:

AB925,84,14 908.03 (22) Judgment of previous conviction. Evidence of a final judgment, entered after a trial or upon a plea of guilty (, but not upon a plea of no contest), adjudging a person guilty of a felony as defined in ss. 939.60 and 939.62 (3) (b), to prove any fact essential to sustain the judgment, but not including, when offered by the state in a criminal prosecution for purposes other than impeachment, judgments against persons other than the accused. The pendency of an appeal may be shown but does not affect admissibility.

Note: Replaces parentheses consistent with current style.

AB925, s. 178 Section 178. 908.045 (5) (a) of the statutes is renumbered 908.045 (5) and amended to read:

AB925,84,22 908.045 (5) Statement of personal or family history of declarant. A statement concerning the declarant's own birth, adoption, marriage, divorce, relationship by blood, adoption or marriage, ancestry, whether the person is a marital or nonmarital child, or other similar fact of personal or family history, even though declarant had no means of acquiring personal knowledge of the matter stated; or (b) a.

AB925,85,7 (5m) A statement concerning the foregoing matters, birth, adoption, marriage, divorce, relationship by blood, adoption or marriage, ancestry, whether the person is a marital or nonmarital child, or other similar fact of personal or family history and death also, of another a person other than the declarant, if the declarant was related to the other person by blood, adoption or marriage or was so intimately associated with the other's other person's family as to be likely to have accurate information concerning the matter declared.

Note: Eliminates numbering not in conformity with current style by dividing provision into 2 separate subsections and inserting specific references into the new sub. (5m). See the next section of this bill.

AB925, s. 179 Section 179. 908.045 (5m) (title) of the statutes is created to read:

AB925,85,10 908.045 (5m) (title) Statement of personal or family history of person other than the declarant.

Note: The remaining subsections of s. 908.045 have titles. See the previous section of this bill.

AB925, s. 180 Section 180. 909.015 (intro.) of the statutes is amended to read:

AB925,85,14 909.015 General provision; illustrations. (intro.) By way of illustration only, and not by way of limitation, the following are examples of authentication or identification conforming with the requirements of s. 909.01.:

Note: Replaces punctuation to conform provision to current style for an (intro.).

AB925, s. 181 Section 181. 909.015 (8) of the statutes is renumbered 909.015 (8) (intro.) and amended to read:

AB925,85,18 909.015 (8) Ancient documents or data compilations. (intro.) Evidence that a document or data compilation, in any form,:

AB925,85,20 (a) is Is in such a condition as to create that creates no suspicion concerning its authenticity,;

AB925,85,21 (b) was Was in a place where it, if authentic, would likely be,; and

AB925,86,1 (c) has Has been in existence 20 years or more at the time it is offered.

Note: Renumbers provision in outline form consistent with current style.

AB925, s. 182 Section 182. 909.02 (intro.) of the statutes is amended to read:

AB925,86,5 909.02 Self-authentication. (intro.) Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to any of the following:

Note: Adds language to conform provision to current style for an (intro.).

AB925, s. 183 Section 183. 909.02 (3) of the statutes is amended to read:

AB925,86,21 909.02 (3) Public documents of foreign countries. A document purporting to be executed or attested in his or her official capacity by a person authorized by the laws of a foreign country to make the execution or attestation, and accompanied by a final certification as to the genuineness of the signature and official position (a) of the executing or attesting person, or (b) of any foreign official whose certificate of genuineness of signature and official position relates to the execution or attestation or is in a chain of certificates of genuineness of signature and official position relating to the execution or attestation. A final certification may be made by a secretary of embassy or legation, consul general, consul, vice consul, or consular agent of the United States, or a diplomatic or consular official of the foreign country assigned or accredited to the United States. If reasonable opportunity has been given to all parties to investigate the authenticity and accuracy of official documents, the judge may, for good cause shown, order that they be treated as presumptively authentic without final certification or permit them to be evidenced by an attested summary with or without final certification.