AB969: Bill Text

AB969,53,13 814.70 (3) Travel; civil process. (intro.) For travel in serving any summons, writ or other process, except criminal warrants, and except that a fee under this subsection in any action commenced under s. 813.12, 813.122, or 813.123 may not be collected from a petitioner but shall be collected from the respondent if he or she is convicted of violating a temporary restraining order or injunction issued under s. 813.12 (3) or (4), 813.122 (4) or (5), 813.123 (4) or (5) or 813.125 (3) or (4), and except that a fee under this subsection in any action commenced under s. 813.125 may not be collected from a petitioner if the petition alleges conduct that is the same as or similar to conduct that is prohibited by s. 940.32 or that is listed in s. 813.12 (1) (a) 1. to 4. but shall be collected from the respondent if he or she is convicted of violating a temporary restraining order or injunction issued under s. 813.125 (3) or (4):

Note: Inserts "or" to correct grammar.

AB969, s. 139 Section 139. 815.05 (1g) (a) (intro.) of the statutes, as affected by 1999 Wisconsin Act 85, section 153, is amended to read:

AB969,53,22 815.05 (1g) (a) (intro.) The execution shall be issued from and sealed with the seal of the court and signed by the clerk of circuit court where the judgment, a certified copy of the judgment, or the transcript of the municipal judge's judgment is filed. The execution shall be directed to the sheriff, or, except as provided for in par. (b), to the coroner if the sheriff is a party or interested, and countersigned by the judgment owner or the owner's attorney. The execution shall intelligibly refer to the judgment, stating all of the following:

Note: The underscored comma was inserted by 1999 Wis. Act 85 without being shown as underscored. The change was intended. Also deletes a comma and adds "to" to improve readability.

AB969, s. 140 Section 140. The treatment of 895.48 (1m) (intro.) of the statutes by 1999 Wisconsin Acts 9 and 32 is not repealed by 1999 Wisconsin Act 56. All treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, effective 11-1-00, s. 895.48 (1m) (intro.) reads:

(1m) Any physician or athletic trainer licensed under ch. 448, chiropractor licensed under ch. 446, dentist licensed under ch. 447, emergency medical technician licensed under s. 146.50, first responder certified under s. 146.50 (8), physician assistant licensed under ch. 448, registered nurse licensed under ch. 441 or a massage therapist or bodyworker issued a license of registration under subch. XI of ch. 440 who renders voluntary health care to a participant in an athletic event or contest sponsored by a nonprofit corporation, as defined in s. 46.93 (1m) (c), a private school, as defined in s. 115.001 (3r), a public agency, as defined in s. 46.93 (1m) (e), or a school, as defined in s. 609.655 (1) (c), is immune from civil liability for his or her acts or omissions in rendering that care if all of the following conditions exist:

AB969, s. 141 Section 141. The treatment of 895.48 (1m) (b) of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act 56. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, effective 11-1-00, s. 895.48 (1m) (b) reads:

(b) The physician, athletic trainer, chiropractor, dentist, emergency medical technician, first responder, physician assistant, registered nurse, massage therapist or bodyworker does not receive compensation for the health care, other than reimbursement for expenses.

AB969, s. 142 Section 142. The treatment of 938.51 (1m) of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act 32. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 938.51 (1m) reads:

(1m) The department or county department having supervision over a juvenile described in sub. (1) shall determine the local agencies that it will notify under sub. (1) (a) based on the residence of the juvenile's parents or on the juvenile's intended residence specified in the juvenile's aftercare supervision plan or, if those methods do not indicate the community in which the juvenile will reside following release from a secured correctional facility, a secured child caring institution or a secured group home or from the supervision of the department or county department, the community in which the juvenile states that he or she intends to reside.

AB969, s. 143 Section 143. The treatment of 939.635 (1) of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act .... (Senate Bill 110). Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 939.635 (1) reads:

(1) Except as provided in sub. (2), if a person who has been adjudicated delinquent is convicted of violating s. 940.20 (1) while placed in a secured correctional facility, as defined in s. 938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), or is convicted of violating s. 940.20 (2m), the court shall sentence the person to not less than 3 years of imprisonment. Except as provided in sub. (2), if a person is convicted of violating s. 946.43 (1m) while placed in a secured correctional facility, as defined in s. 938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), the court shall sentence the person to not less than 5 years of imprisonment.

AB969, s. 144 Section 144. The treatment of 939.635 (2) (b) of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act .... (Senate Bill 110). Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 939.635 (2) (b) reads:

(b) That imposing the applicable presumptive minimum sentence specified in sub. (1) is not necessary to deter the person or other persons from committing violations of s. 940.20 (1) or 946.43 (1m) or other similar offenses while placed in a secured correctional facility, as defined in s. 938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), or from committing violations of s. 940.20 (2m).

AB969, s. 145 Section 145. 940.25 (1d) (a) of the statutes, as created by 1999 Wisconsin Act .... (Senate Bill 125), is amended to read:

AB969,56,2 940.25 (1d) (a) If a person who committed an offense under sub. (1) (a), (b), (c) or (d) has one or more prior convictions, suspensions or revocations, counting convictions under this section and s. 940.09 (1) in the person's lifetime plus other convictions, suspensions or revocations counted under s. 343.307 (1), the procedure under s. 343.301 shall be followed if the court orders the the equipping of a motor vehicle owned by the person with an ignition interlock device or the immobilization of the motor vehicle.

Note: Deletes repeated "the".

AB969, s. 146 Section 146. 943.206 (2) of the statutes, as affected by 1999 Wisconsin Act 51, section 5, is amended to read:

AB969,56,6 943.206 (2) "Owner" means the person who owns sounds in or on a recording from which the transferred recorded sounds are directly or indirectly derived.

Note: The underscored language was deleted by 1999 Wis. Act 51 without being shown as stricken. No change was intended.

AB969, s. 147 Section 147. 967.057 of the statutes, as created by 1999 Wisconsin Act 58, is amended to read:

AB969,56,13 967.057 Dismissals for contributions to crime prevention certain organizations and agencies. A prosecutor may not, in exchange for a person's payment of a contribution to a crime prevention organization an organization or agency specified in s. 973.06 (1) (f) 1., dismiss or amend a charge alleging a criminal offense.

Note: Conforms the language added by Act 58 with the terminology added to the statutes by Act 69.

AB969, s. 148 Section 148. 973.06 (1) (f) of the statutes, as affected by 1999 Wisconsin Act 58 and 1999 Wisconsin Act 69, section 3, is amended to read:

AB969,56,18 973.06 (1) (f) 1. An amount determined by the court to make a reasonable contribution to any of the following, if the court determines that the person has the financial ability to make the contribution and the contribution is appropriate:

AB969,57,5 2. If the court does require a person to make a contribution to a crime prevention organization an organization or agency specified in subd. 1. but does not require the person to pay any fine that may be imposed for the offense or court costs, the court shall state on the record the reasons why it is not requiring the person to pay the fine or court costs. All contributions made under this paragraph shall be made to the clerk of circuit court for distribution to the crime prevention organization or agency specified in subd. 1. The court may not order a person to make a contribution under this paragraph to a crime prevention organization that has not complied with the provisions of s. 757.17.

Note: Renumbers provision to accommodate the treatments by 1999 Wis. Acts 58 and 69 and conforms the language added by Act 58 with the terminology added to the statutes by Act 69.

AB969, s. 149 Section 149. 973.06 (1) (f) 1. and 2. of the statutes, as created by 1999 Wisconsin Act 69, are renumbered 973.06 (1) (f) 1. a. and b.

Note: Renumbers provision to accommodate the treatments by 1999 Wisconsin Acts 58 and 69.

AB969, s. 150 Section 150. 973.075 (5) (intro.) of the statutes, as affected by 1999 Wisconsin Acts 45 and 51, is amended to read:

AB969,57,19 973.075 (5) (intro.) All forfeitures under ss. 973.075 to 973.077 shall be made with due provision for the rights of innocent persons under sub. (1) (b) 2m., (bg), (bm) and, (d) and (e). Except as provided in sub. (5m), any property seized but not forfeited shall be returned to its rightful owner. Any person claiming the right to possession of property seized may apply for its return to the circuit court for the county in which the property was seized. The court shall order such notice as it deems adequate to be given the district attorney and all persons who have or may have an interest in the property and shall hold a hearing to hear all claims to its true ownership. If the right to possession is proved to the court's satisfaction, it shall order the property returned if:

Note: Replaces "and" with a comma to correct grammar.

AB969, s. 151 Section 151. 973.09 (1x) of the statutes, as affected by 1999 Wisconsin Acts 58 and 69, is renumbered 973.09 (1x) (a) and amended to read:

AB969,58,4 973.09 (1x) (a) If the court places a person on probation, the court may require that the probationer make a contribution to an organization or agency specified in s. 973.06 (1) (f) 1. if the court determines that the probationer has the financial ability to make the contribution.

AB969,58,14 (b) If the court does require a person to make a contribution to a crime prevention organization an organization or agency specified in s. 973.06 (1) (f) 1. but does not require the person to pay any fine that may be imposed for the offense or court costs, the court shall state on the record the reasons why it is not requiring the person to pay the fine or court costs. All contributions made under this subsection shall be made to the clerk of circuit court for distribution to the crime prevention organization or agency specified in s. 973.06 (1) (f) 1. The court may not require a person to make a contribution under this subsection to a crime prevention organization an organization or agency specified in s. 973.06 (1) (f) 1. that has not complied with the provisions of s. 757.17.

Note: Renumbers provision to break up long subsection and to conform with the treatment of s. 973.06 (1) (f) by this bill. Conforms the language added by Act 58 with the terminology added to the statutes by Act 69. Section 973.06 (1) (f) is renumbered s. 973.06 (1) (f) 1. by this bill.

AB969, s. 152 Section 152. 1999 Wisconsin Act .... (Assembly Bill 114), section 2 is amended by replacing "36.27 (3m) (b) of the statutes is amended to read:" with "36.27 (3m) (b) 1. and 2. of the statutes are amended to read:"

Note: 1999 Wis. Act (ab 114) did not affect s. 36.27 (3m) (b) (intro).

AB969, s. 153 Section 153. 1999 Wisconsin Act .... (Assembly Bill 402), section 1 is amended by replacing "shall ascertains" with "shall ascertain".

Note: Corrects stricken text by removing "s" inadvertently added to "ascertain."

AB969, s. 154 Section 154. 1999 Wisconsin Act .... (Assembly Bill 710), section 68 is amended by replacing "66.024 of the statutes is renumbered 66.0219, and 66.0219 (intro.), (1) to (3), (4) (a) and (b) and (5) to (9), as renumbered, are amended to read:" with "66.024 (title), (intro.), (1) to (5m) and (6) to (8) of the statutes are renumbered 66.0219 (title), (intro.), (1) to (6) and (7) to (9), and 66.0219 (intro.), (1) to (3), (4) (a) and (b) and (5) to (9), as renumbered, are amended to read:"

Note: Confirms that s. 66.024 (5m) to (8) were renumbered to s. 66.0219 (6) to (9), as shown in the amendment of those provisions, but not in the action phrase for section 68.

AB969, s. 155 Section 155. 1999 Wisconsin Act .... (Assembly Bill 710), section 188 is amended by replacing "66.069 (2) of the statutes is renumbered 66.0813, and 66.0813 (1), (2), (3) (a), (5) and (6), as renumbered, are amended to read:" with "66.069 (2) (a) to (e) of the statutes are renumbered 66.0813 (1) to (6), and 66.0813 (1), (2), (3) (a), (5) and (6), as renumbered, are amended to read:".

Note: Confirms that s. 66.069 (2) (dm) and (e) were renumbered to s. 66.069 (5) and (6), as shown in the amendment of those provisions, but not in the action phrase for section 187.

AB969, s. 156 Section 156. 1999 Wisconsin Act .... (Assembly Bill 710), section 301 is amended by replacing "the bond or security shall be fixed" with "the bond or security shall be fixed".

Note: 1999 Wis. Act (ab 710) showed "be" as underscored, but it was previously existing. No change was intended.

AB969, s. 157 Section 157. 1999 Wisconsin Act .... (Assembly Bill 710), section 375 is amended by replacing "s. 283.87 sub. (3)" with "s. 283.87 sub. (3)".

Note: 1999 Wis. Act (ab 710) showed "(3)" as underscored, but it was previously existing. No change was intended.

AB969, s. 158 Section 158. 1999 Wisconsin Act .... (Assembly Bill 748), section 18 is amended by replacing "the same the can be purchased" with "the same can be purchased".

Note: Corrects stricken text by removing incorrectly inserted "the."

AB969, s. 159 Section 159. 1999 Wisconsin Act 63, section 3 is amended by replacing "at King and veterans" with "at King and veterans".

Note: 1999 Wis. Act 63 (sb 291) showed "and" as underscored, but it was previously existing. No change was intended.

AB969, s. 160 Section 160. Nonstatutory provisions; reconciliation.

AB969,60,3 (1) The treatment of section 15.377 (6) of the statutes by 1999 Wisconsin Act .... (this act) is void if 1999 Senate Bill 204 is not enacted.

AB969,60,5 (2) The treatment of section 16.009 (1) (g) of the statutes by 1999 Wisconsin Act .... (this act) is void if 1999 Senate Bill 155 is not enacted.

AB969,60,7 (3) The treatment of section 36.27 (1) (a) of the statutes by 1999 Wisconsin Act .... (this act) is void if 1999 Assembly Bill 432 is not enacted.

AB969,60,13 (4) The treatment of sections 66.0201 (2) (b) and (e), 66.0203 (2) (c), 66.0225 (title), 66.0295 (4) (b) 5. and 6., 66.04 (1a), 66.0603 (1), 66.0621 (1) (a), 66.0817 (6), 66.0821 (2) (a) 1., 66.0821 (5) (a), 66.0823 (5) (q), 66.0901 (5), 66.0903 (3) (am) and (bm), (9) (c), (10) (a) and (b), (11) (a) and (b) 2. and 4. and (12) (a) and (d), 66.1011 (1) and (2), 119.04 (1) (by Section 78 ), 120.25 (5) and 229.841 (1) of the statutes by 1999 Wisconsin Act .... (this act) is void if 1999 Assembly Bill 710 is not enacted.

AB969,60,15 (5) The treatment of section 66.0295 (4) (b) 5. and 6. of the statutes by 1999 Wisconsin Act .... (this act) is void if 1999 Assembly Bill 872 is not enacted.

AB969,60,17 (6) The treatment of sections 66.184 and 120.13 (2) (g) of the statutes by 1999 Wisconsin Act .... (this act) is void if 1999 Senate Bill 136 is not enacted.

AB969,60,19 (7) The treatment of section 119.25 (2) (d) 6. of the statutes by 1999 Wisconsin Act .... (this act) is void if 1999 Assembly Bill 447 is not enacted.

AB969,60,21 (8) The treatment of section 146.997 (1) (c) of the statutes by 1999 Wisconsin Act .... (this act) is void if 1999 Senate Bill 172 is not enacted.

AB969,60,23 (9) The treatment of section 253.12 (1) (b) of the statutes by 1999 Wisconsin Act .... (this act) is void if 1999 Senate Bill 290 is not enacted.

AB969,61,2 (10) The treatment of sections 254.15 (1) and 254.172 (2) of the statutes by 1999 Wisconsin Act .... (this act) is void if 1999 Assembly Bill 806 is not enacted.

AB969,61,4 (11) The treatment of section 409.302 (3) (b) of the statutes by 1999 Wisconsin Act .... (this act) is void if 1999 Assembly Bill 137 is not enacted.

AB969,61,6 (12) The treatment of section 939.635 (1) and (2) (b) of the statutes by 1999 Wisconsin Act .... (this act) is void if 1999 Senate Bill 110 is not enacted.

AB969,61,8 (13) The treatment of section 940.25 (1d) (a) of the statutes by 1999 Wisconsin Act .... (this act) is void if 1999 Senate Bill 125 is not enacted.

AB969, s. 161 Section 161. Effective dates. This act takes effect on the day after publication, except as follows:

AB969,61,13 (1) The treatment of section 254.172 (2) of the statutes takes effect on the first day of the 16th month beginning after the publication of 1999 Wisconsin Act .... (Assembly Bill 806).

AB969,61,15 (2) The treatment of section 342.30 (2) of the statutes takes effect on the first day of the 4th month beginning after the publication of 1999 Wisconsin Act 80.

AB969,61,17 (3) The treatment of section 940.25 (1d) (a) of the statutes takes effect on January 1, 2002.

AB969,61,20 (4) The treatment of sections 66.0201 (2) (b) and (e), 66.0225 (title), 66.0295 (4) (b) 5. and 6., 66.04 (1a), 66.0821 (2) (a) 1. and (5) (a), 101.952 (5) and (6) and 229.841 (1) of the statutes takes effect on January 1, 2001.

AB969,61,22 (5) The treatment of section 110.10 (intro.) of the statutes takes effect on January 1, 2001.

AB969,62,2 (6) The treatment of section 344.26 (1) of the statutes takes effect on May 1, 2001 or on the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under section 85.515 of the statutes, whichever is earlier.

AB969,62,3 (End)