AB925,83,99
(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
10Section
175. 906.13 (2) of the statutes is renumbered 906.13 (2) (a) (intro.) and
11amended to read:
AB925,83,1312
906.13
(2) (a) (intro.) Extrinsic evidence of a prior inconsistent statement by
13a witness is not admissible unless
: (a) the any of the following is applicable:
AB925,83,15
141. The witness was so examined while testifying as to give the witness an
15opportunity to explain or to deny the statement
; or (b) the.
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162. The witness has not been excused from giving further testimony in the
17action
; or (c) the.
AB925,83,18
183. The interests of justice otherwise require.
This provision
AB925,83,20
19(b) Paragraph (a) does not apply to admissions of a party-opponent as defined
20in 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
21Section
176. 908.03 (3) of the statutes is amended to read:
AB925,84,6
1908.03
(3) Then existing mental, emotional, or physical condition. A
2statement of the declarant's then existing state of mind, emotion, sensation, or
3physical condition
(, such as intent, plan, motive, design, mental feeling, pain, and
4bodily health
), but not including a statement of memory or belief to prove the fact
5remembered or believed unless it relates to the execution, revocation, identification,
6or terms of declarant's will.
Note: Replaces parentheses consistent with current style.
AB925, s. 177
7Section
177. 908.03 (22) of the statutes is amended to read:
AB925,84,148
908.03
(22) Judgment of previous conviction. Evidence of a final judgment,
9entered after a trial or upon a plea of guilty
(, but not upon a plea of no contest
),
10adjudging a person guilty of a felony as defined in ss. 939.60 and 939.62 (3) (b), to
11prove any fact essential to sustain the judgment, but not including, when offered by
12the state in a criminal prosecution for purposes other than impeachment, judgments
13against persons other than the accused. The pendency of an appeal may be shown
14but does not affect admissibility.
Note: Replaces parentheses consistent with current style.
AB925, s. 178
15Section
178. 908.045 (5) (a) of the statutes is renumbered 908.045 (5) and
16amended to read:
AB925,84,2217
908.045
(5) Statement of personal or family history of declarant. A
18statement concerning the declarant's own birth, adoption, marriage, divorce,
19relationship by blood, adoption or marriage, ancestry, whether the person is a
20marital or nonmarital child, or other similar fact of personal or family history, even
21though declarant had no means of acquiring personal knowledge of the matter
22stated
; or (b) a.
AB925,85,7
1(5m) A statement concerning the
foregoing matters, birth, adoption, marriage,
2divorce, relationship by blood, adoption or marriage, ancestry, whether the person
3is a marital or nonmarital child, or other similar fact of personal or family history and
4death
also, of
another a person
other than the declarant, if the declarant was related
5to the other
person by blood, adoption or marriage or was so intimately associated
6with the
other's other person's family as to be likely to have accurate information
7concerning 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
8Section
179. 908.045 (5m) (title) of the statutes is created to read:
AB925,85,109
908.045
(5m) (title)
Statement of personal or family history of person other
10than the declarant.
Note: The remaining subsections of s. 908.045 have titles. See the previous section
of this bill.
AB925, s. 180
11Section
180. 909.015 (intro.) of the statutes is amended to read:
AB925,85,14
12909.015 General provision; illustrations. (intro.) By way of illustration
13only, and not by way of limitation, the following are examples of authentication or
14identification conforming with the requirements of s. 909.01
.:
Note: Replaces punctuation to conform provision to current style for an (intro.).
AB925, s. 181
15Section
181. 909.015 (8) of the statutes is renumbered 909.015 (8) (intro.) and
16amended to read:
AB925,85,1817
909.015
(8) Ancient documents or data compilations. (intro.) Evidence that
18a document or data compilation, in any form
,:
AB925,85,2019
(a)
is Is in
such
a condition
as to create that creates no suspicion concerning
20its authenticity
,;
AB925,85,2121
(b)
was Was in a place where it, if authentic, would likely be
,; and
AB925,86,1
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
2Section
182. 909.02 (intro.) of the statutes is amended to read:
AB925,86,5
3909.02 Self-authentication. (intro.) Extrinsic evidence of authenticity as
4a condition precedent to admissibility is not required with respect to
any of the
5following:
Note: Adds language to conform provision to current style for an (intro.).
AB925, s. 183
6Section
183. 909.02 (3) of the statutes is amended to read:
AB925,86,217
909.02
(3) Public documents of foreign countries. A document purporting
8to be executed or attested in his or her official capacity by a person authorized by the
9laws of a foreign country to make the execution or attestation, and accompanied by
10a final certification as to the genuineness of the signature and official position
(a) of
11the executing or attesting person, or
(b) of any foreign official whose certificate of
12genuineness of signature and official position relates to the execution or attestation
13or is in a chain of certificates of genuineness of signature and official position relating
14to the execution or attestation. A final certification may be made by a secretary of
15embassy or legation, consul general, consul, vice consul, or consular agent of the
16United States, or a diplomatic or consular official of the foreign country assigned or
17accredited to the United States. If reasonable opportunity has been given to all
18parties to investigate the authenticity and accuracy of official documents, the judge
19may, for good cause shown, order that they be treated as presumptively authentic
20without final certification or permit them to be evidenced by an attested summary
21with or without final certification.
Note: Deletes numbering not in conformity with current style.
AB925, s. 184
1Section
184. 938.991 (10) of the statutes is renumbered 938.991 (10) (intro.)
2and amended to read:
AB925,87,103
938.991
(10) Article X - Supplementary Agreements. (intro.) That the duly
4constituted administrative authorities of a state party to this compact may enter into
5supplementary agreements with any other state or states party hereto for the
6cooperative care, treatment and rehabilitation of delinquent juveniles whenever
7they shall find that such agreements will improve the facilities or programs available
8for such care, treatment and rehabilitation. Such care, treatment and rehabilitation
9may be provided in an institution located within any state entering into such
10supplementary agreement. Such supplementary agreements shall
(1) provide:
AB925,87,13
11(a) Provide the rates to be paid for the care, treatment and custody of such
12delinquent juveniles, taking into consideration the character of facilities, services
13and subsistence furnished;
(2) provide
AB925,87,15
14(b) Provide that the delinquent juvenile shall be given a court hearing prior to
15being sent to another state for care, treatment and custody;
(3) provide
AB925,87,18
16(c) Provide that the state receiving such a delinquent juvenile in one of its
17institutions shall act solely as agent for the state sending such delinquent juvenile;
18(4) provide
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19(d) Provide that the sending state shall at all times retain jurisdiction over
20delinquent juveniles sent to an institution in another state;
(5) provide
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21(e) Provide for reasonable inspection of such institutions by the sending state;
22(6) provide
AB925,87,25
23(f) Provide that the consent of the parent, guardian, person or agency entitled
24to the legal custody of said delinquent juvenile shall be secured prior to the
25delinquent juvenile's being sent to another state; and
(7) make
AB925,88,3
1(g) Make provision for such other matters and details as shall be necessary to
2protect the rights and equities of such delinquent juveniles and of the cooperating
3states.
Note: Replaces numbering not in conformity with current style.
AB925, s. 185
4Section
185. 939.62 (1) (intro.) of the statutes is amended to read:
AB925,88,95
939.62
(1) (intro.) If the actor is a repeater, as that term is defined in sub. (2),
6and the present conviction is for any crime for which imprisonment may be imposed
7(, except for an escape under s. 946.42 or a failure to report under s. 946.425
), the
8maximum term of imprisonment prescribed by law for that crime may be increased
9as follows:
Note: Replaces parentheses consistent with current style.
AB925, s. 186
10Section
186. 940.20 (7) (title) of the statutes is created to read:
AB925,88,1111
940.20
(7) (title)
Battery to emergency medical care providers.
Note: The other subsections of s. 940.20 have titles.
AB925, s. 187
12Section
187. 941.27 (1) (title) of the statutes is created to read:
AB925,88,1313
941.27
(1) (title)
Definition.
Note: The other subsection of s. 941.27 has a title.
AB925, s. 188
14Section
188. 943.03 of the statutes is amended to read:
AB925,88,18
15943.03 Arson of property other than building. Whoever, by means of fire,
16intentionally damages any property
(other than a building) of another without the
17person's consent, if the property is
of the not a building and has a value of $100 or
18more, is guilty of a Class E felony.
Note: Removes parentheses consistent with current style, and repositions text to
accommodate the removal of parentheses and to improve readability.
AB925, s. 189
19Section
189. 943.04 of the statutes is amended to read:
AB925,89,3
20943.04 Arson with intent to defraud. Whoever, by means of fire, damages
21any property
(, other than a building
), with intent to defraud an insurer of that
1property is guilty of a Class D felony. Proof that the actor recovered or attempted to
2recover on a policy of insurance by reason of the fire is relevant but not essential to
3establish the actor's intent to defraud the insurer.
Note: Replaces parentheses consistent with current style.
AB925, s. 190
4Section
190. 946.13 (2) (intro.) of the statutes is amended to read:
AB925,89,55
946.13
(2) (intro.) Subsection (1) does not apply to
any of the following:
Note: Amends provision consistent with current style for (intro.) provisions.
AB925, s. 191
6Section
191. 946.13 (2) (b) to (e) of the statutes are amended to read:
AB925,89,87
946.13
(2) (b) Contracts involving the deposit of public funds in public
8depositories
; or.
AB925,89,99
(c) Contracts involving loans made pursuant to s. 67.12
; or.
AB925,89,1210
(d) Contracts for the publication of legal notices required to be published,
11provided such notices are published at a rate not higher than that prescribed by law
;
12or.
AB925,89,1713
(e) Contracts for the issuance to a public officer or employe of tax titles, tax
14certificates, or instruments representing an interest in, or secured by, any fund
15consisting in whole or in part of taxes in the process of collection, provided such titles,
16certificates, or instruments are issued in payment of salary or other obligations due
17such officer or employe
; or.
Note: Replaces punctuation for internal consistency and conformity with current
style.
AB925, s. 192
18Section
192. 961.01 (2m) (a) of the statutes is amended to read:
AB925,90,419
961.01
(2m) (a) "Anabolic steroid" means any drug or hormonal substance,
20chemically or pharmacologically related to testosterone
(
, except estrogens,
21progestin, and corticosteroids
), that promotes muscle growth. The term includes all
22of the substances included in s. 961.18 (7), and any of their esters, isomers, esters of
1isomers, salts and salts of esters, isomers and esters of isomers, that are theoretically
2possible within the specific chemical designation, and if such esters, isomers, esters
3of isomers, salts and salts of esters, isomers and esters of isomers promote muscle
4growth.
Note: Replaces parentheses consistent with current style.
AB925, s. 193
5Section
193. 967.04 (5) (a) of the statutes is renumbered 967.04 (5) (a) (intro.)
6and amended to read:
AB925,90,97
967.04
(5) (a) (intro.) At the trial or upon any hearing, a part or all of a
8deposition
(, so far as
it is otherwise admissible under the rules of evidence
)
, may be
9used if
it appears: That the any of the following conditions appears to have been met:
AB925,90,10
101. The witness is dead
; that the.
AB925,90,12
112. The witness is out of state, unless it appears that the absence of the witness
12was procured by the party offering the
depositions; that the deposition.
AB925,90,14
133. The witness is unable to attend or testify because of sickness or infirmity
;
14or that the.
AB925,90,16
154. The party offering the deposition has been unable to procure the attendance
16of the witness by subpoena.
Note: Replaces parentheses and renumbers provision in outline form consistent
with current style and amends the (intro.) paragraph and subsequent subdivisions
accordingly.
AB925, s. 194
17Section
194. 969.02 (2) (intro.) and (b) of the statutes are consolidated,
18renumbered 969.02 (2) and amended to read:
AB925,90,2119
969.02
(2) In lieu of release pursuant to sub. (1), the judge may
:(b) Require 20require the execution of an appearance bond with sufficient solvent sureties, or the
21deposit of cash in lieu thereof.
Note: As there is only one paragraph under s. 969.02 (2), the subsection (intro.) and
par. (b) are consolidated as one statutory unit.
AB925, s. 195
1Section
195. 975.06 (6) of the statutes is amended to read:
AB925,91,62
975.06
(6) Persons committed under this section who are also encumbered with
3other sentences, whether concurrent with or consecutive to the commitment, may be
4placed by the department in any of the facilities listed in s. 975.08 (2) or (3)
(a). Such
5facilities may be regarded as state prisons for the purpose of beginning the other
6sentences, crediting time served on them, and computing parole eligibility dates.
Note: Amends cross-reference consistent with renumbering by this bill.
AB925, s. 196
7Section
196. 975.08 (3) of the statutes is renumbered 975.08 (3) (a) and
8amended to read:
AB925,91,149
975.08
(3) (a) The department may make use of law enforcement, detention,
10parole, medical, psychiatric, psychological, educational, correctional, segregative
11and other resources, institutions and agencies, public or private, within the state.
12The department may enter into agreements with public officials for separate care
13and special treatment
(, in existing institutions
), of persons subject to the control of
14the department under this chapter.