SB146,106,2222
Witness: ....
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23State of ....
SB146,107,1
1County of ....
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2(c) Subscribed and sworn to before me by ...., the testator, and by ...., and ....,
3witnesses, this .... day of ...., .....
SB146,107,55
(Signed): ....
SB146,107,66
(Official capacity of officer): ....
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). Deletes
paragraph numbers to clarify that each form is a single unit and that letters are not a
necessary part of the affidavits. Moves "State of ...." and "County of ...." to the beginning
of sub. (1) (form) for consistency with sub. (2) (form) and more logical placement.
SB146,107,149
853.04
(2) Two-step procedure. An attested will may be made self-proved at
10any time after its execution by the affidavit of the testator and witnesses. The
11affidavit must be made before an officer authorized to administer oaths under the
12laws of the state in which the affidavit occurs and must be evidenced by the officer's
13certificate, under official seal, attached or annexed to the will in substantially the
14following form:
SB146,107,1515
State of ....
SB146,107,1616
County of ....
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17(a) We, ...., ...., and ...., the testator and the witnesses whose names are signed
18to the foregoing instrument, being first duly sworn, do declare to the undersigned
19authority all of the following:
SB146,107,2020
1. The testator executed the instrument as his or her will.
SB146,107,2221
2. The testator signed willingly, or willingly directed another to sign for him or
22her.
SB146,108,1
13. The testator executed the will as a free and voluntary act.
SB146,108,32
4. Each of the witnesses, in the conscious presence of the testator, signed the
3will as witness.
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5. To the best of the knowledge of each witness, the testator was, at the time
5of execution, 18 years of age or older, of sound mind and under no constraint or undue
6influence.
SB146,108,77
Testator: ....
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Witness: ....
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Witness: ....
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10(b) Subscribed and sworn to before me by ...., the testator, and by ...., and ....,
11witnesses, this .... day of ...., .....
SB146,108,12
12(Seal) ....
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(Signed): ....
SB146,108,1414
(Official capacity of officer): ....
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). Deletes
paragraph numbering to clarify that each form is a single unit and that letters are not
a necessary part of the affidavits.
SB146,109,1417
895.035
(2m) (a) If a juvenile or a parent with custody of a
child juvenile fails
18to pay restitution under s. 938.245, 938.32, 938.34 (5), 938.343 (4), 938.345 or 938.45
19(1r) (a) as ordered by a court assigned to exercise jurisdiction under chs. 48 and 938,
20a court of criminal jurisdiction or a municipal court or as agreed to in a deferred
21prosecution agreement or if it appears likely that the juvenile or parent will not pay
22restitution as ordered or agreed to, the victim, the victim's insurer, the
23representative of the public interest under s. 938.09 or the agency, as defined in s.
1938.38 (1) (a), supervising the juvenile may petition the court assigned to exercise
2jurisdiction under chs. 48 and 938 to order that the amount of restitution unpaid by
3the juvenile or parent be entered and docketed as a judgment against the juvenile
4and the parent with custody of the juvenile and in favor of the victim or the victim's
5insurer, or both. A petition under this paragraph may be filed after the expiration
6of the deferred prosecution agreement, consent decree, dispositional order or
7sentence under which the restitution is payable, but no later than one year after the
8expiration of the deferred prosecution agreement, consent decree, dispositional order
9or sentence or any extension of the consent decree, dispositional order or sentence.
10A judgment rendered under this paragraph does not bar the victim or the victim's
11insurer, or both, from commencing another action seeking compensation from the
12child juvenile or the parent, or both, if the amount of restitution ordered under this
13paragraph is less than the total amount of damages claimed by the victim or the
14victim's insurer.
Note: Reconciles the treatment of this provision by
1997 Wis. Acts 35 and
205. Act
35 changed "child" to "juvenile" for consistency with ch. 938. This act makes all of the
references consistent.
Note: There is no conflict of substance.
SB146,110,619
895.48
(1m) (intro.) Any physician licensed under ch. 448, chiropractor
20licensed under ch. 446, dentist licensed under ch. 447, emergency medical technician
21licensed under s. 146.50, physician assistant licensed under ch. 448, registered nurse
22licensed under ch. 441 or massage therapist or bodyworker issued a license of
1registration under subch.
X XI of ch. 440 who renders voluntary health care to a
2participant in an athletic event or contest sponsored by a nonprofit corporation, as
3defined in s. 46.93 (1m) (c), a private school, as defined in s. 115.001 (3r), a public
4agency, as defined in s. 46.93 (1m) (e), or a school, as defined in s. 609.655 (1) (c), is
5immune from civil liability for his or her acts or omissions in rendering that care if
6all of the following conditions exist:
Note: Subch. X of ch. 440, as created by
1997 Wis. Act 156, is renumbered subch.
XI of ch. 440 by this bill.
SB146,110,139
908.03
(6m) (a)
Definition. In this subsection, "health care provider" means
10a massage therapist or bodyworker issued a license of registration under subch.
X 11XI of ch. 440, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447,
12a physician assistant licensed under ch. 448 or a health care provider as defined in
13s. 655.001 (8).
Note: Subch. X of ch. 440, as created by
1997 Wis. Act 156, is renumbered subch.
XI of ch. 440 by this bill.
SB146,111,2116
938.183
(2) Notwithstanding ss. 938.12 (1) and 938.18, courts of criminal
17jurisdiction have exclusive original jurisdiction over a juvenile who is alleged to have
18attempted or committed a violation of s. 940.01 or to have committed a violation of
19s. 940.02 or 940.05 on or after the juvenile's 15th birthday. Notwithstanding ss.
20938.12 (1) and 938.18, courts of criminal jurisdiction also have exclusive original
21jurisdiction over a juvenile specified in the preceding sentence who is alleged to have
22attempted or committed a violation of any state law in addition to the violation
1alleged under the preceding sentence if the violation alleged under this sentence and
2the violation alleged under the preceding sentence may be joined under s.
972.12 3971.12 (1). Notwithstanding subchs. IV to VI, a juvenile who is alleged to have
4attempted or committed a violation of s. 940.01 or to have committed a violation of
5s. 940.02 or 940.05 on or after the juvenile's 15th birthday and a juvenile who is
6alleged to have attempted or committed a violation of any state criminal law, if that
7violation and an attempt to commit a violation of s. 940.01 or the commission of a
8violation of s. 940.01, 940.02 or 940.05 may be joined under s. 971.12 (1), is subject
9to the procedures specified in chs. 967 to 979 and the criminal penalties provided for
10the crime that the juvenile is alleged to have committed, except that the court of
11criminal jurisdiction shall, in lieu of convicting the juvenile, adjudge the juvenile to
12be delinquent and impose a disposition specified in s. 938.34 if the court of criminal
13jurisdiction finds that the juvenile has committed a lesser offense than the offense
14alleged under this subsection or has committed an offense that is joined under s.
15971.12 (1) to an attempt to commit a violation of s. 940.01 or to the commission of a
16violation of s. 940.01, 940.02 or 940.05, but has not attempted to commit a violation
17of s. 940.01 or committed a violation of s. 940.01, 940.02 or 940.05, and the court of
18criminal jurisdiction, after considering the criteria specified in s. 938.18 (5),
19determines that the juvenile has proved by clear and convincing evidence that it
20would be in the best interests of the juvenile and of the public to adjudge the juvenile
21to be delinquent and impose a disposition specified in s. 938.34.
Note: Inserts correct cross-reference. There is no s. 972.12 (1). Section 971.12
relates to joinder.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
SB146, s. 370
3Section
370. 938.35 (1) (d) of the statutes is amended to read:
SB146,113,64
938.35
(1) (d) The fact that a juvenile has been adjudged delinquent on the
5basis of unlawfully and intentionally killing a person is admissible for the purpose
6of s.
852.01 (2m) (bg) 854.14 (5) (b).
Note: Section 852.01 (2m) was repealed and recreated by
1997 Wis. Act 188. It no
longer contains par. (bg). The subject matter of the former s. 852.01 (2m) (bg) relating
to the heirship of a juvenile adjudicated delinquent for intentionally killing a person is
now located at s. 854.14 (5) (b), as created by
1997 Wis. Act 188.
SB146, s. 371
7Section
371. 938.355 (2d) (b) 3. of the statutes is amended to read:
SB146,113,158
938.355
(2d) (b) 3. That the parent has committed a violation of s. 940.19 (2),
9(3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a)
10or a violation of the law of any other state or federal law, if that violation would be
11a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025
12or 948.03 (2) (a) or (3) (a) if committed in this state, and that the violation resulted
13in great bodily harm, as defined in s.
938.22 939.22 (14), or in substantial bodily
14harm, as defined in s.
938.22 939.22 (38), to the juvenile or another child of the
15parent.
Note: Inserts correct cross-references. There is no s. 938.22 (14) or (22). "Great
bodily harm" is defined at s. 939.22 (14) and "substantial bodily harm" is defined at s.
939.22 (38).
Note: There is no conflict of substance.
SB146, s. 373
18Section
373. 938.371 (1) of the statutes is reenacted to read:
SB146,114,9
1938.371
(1) If a juvenile is placed in a foster home, treatment foster home,
2group home, child caring institution or secured correctional facility, including a
3placement under s. 938.205 or 938.21, the agency, as defined in s. 938.38 (1) (a), that
4placed the juvenile or arranged for the placement of the juvenile shall provide the
5following information to the foster parent, treatment foster parent or operator of the
6group home, child caring institution or secured correctional facility at the time of
7placement or, if the information has not been provided to the agency by that time, as
8soon as possible after the date on which the agency receives that information, but not
9more than 2 working days after that date:
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(a) Results of a test or a series of tests of the juvenile to determine the presence
11of HIV, as defined in s. 968.38 (1) (b), antigen or nonantigenic products of HIV, or an
12antibody to HIV, as provided under s. 252.15 (5) (a) 19., including results included
13in a court report or permanency plan. At the time that the test results are provided,
14the agency shall notify the foster parent, treatment foster parent or operator of the
15group home, child caring institution or secured correctional facility of the
16confidentiality requirements under s. 252.15 (6).
SB146,114,2117
(b) Results of any tests of the juvenile to determine the presence of viral
18hepatitis, type B, including results included in a court report or permanency plan.
19The foster parent, treatment foster parent or operator of a group home, child caring
20institution or secured correctional facility receiving information under this
21paragraph shall keep the information confidential.
SB146,114,2522
(c) Any other medical information concerning the juvenile that is necessary for
23the care of the juvenile. The foster parent, treatment foster parent or operator of a
24group home, child caring institution or secured correctional facility receiving
25information under this paragraph shall keep the information confidential.
Note: The numbering of this subsection was incorrectly printed in the 1997-98
Wisconsin Statutes.
SB146,115,203
938.396
(1) Law enforcement officers' records of juveniles shall be kept
4separate from records of adults. Law enforcement officers' records of juveniles shall
5not be open to inspection or their contents disclosed except under sub. (1b), (1d), (1g),
6(1m), (1r), (1t)
or, (1x) or (5) or s. 938.293 or by order of the court. This subsection does
7not apply to representatives of the news media who wish to obtain information for
8the purpose of reporting news without revealing the identity of the juvenile involved,
9to the confidential exchange of information between the police and officials of the
10school attended by the juvenile or other law enforcement or social welfare agencies
11or to juveniles 10 years of age or older who are subject to the jurisdiction of the court
12of criminal jurisdiction. A public school official who obtains information under this
13subsection shall keep the information confidential as required under s. 118.125 and
14a private school official who obtains information under this subsection shall keep the
15information confidential in the same manner as is required of a public school official
16under s. 118.125. A law enforcement agency that obtains information under this
17subsection shall keep the information confidential as required under this subsection
18and s. 48.396 (1). A social welfare agency that obtains information under this
19subsection shall keep the information confidential as required under ss. 48.78 and
20938.78.
Note: There is no conflict of substance.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
1997 Wis. Act
80 also created a provision numbered s. 938.396 (2) (g).
SB146, s. 377
3Section
377. 938.396 (2) (i) of the statutes is amended to read:
SB146,116,134
938.396
(2) (i) Upon request of the court assigned to exercise probate
5jurisdiction, the attorney general, the personal representative or special
6administrator of, or an attorney performing services for, the estate of a decedent in
7any proceeding under chs. 851 to 879, a person interested,
a as defined in s. 851.21,
8or an attorney, attorney-in-fact, guardian ad litem or guardian of the estate of a
9person interested to review court records for the purpose of s.
852.01 (2m) (bg) 854.14
10(5) (b), the court assigned to exercise jurisdiction under this chapter and ch. 48 shall
11open for inspection by any authorized representative of the requester the records of
12the court relating to any juvenile who has been adjudged delinquent on the basis of
13unlawfully and intentionally killing a person.
Note: Section 852.01 (2m) was repealed and recreated by
1997 Wis. Act 188. It no
longer contains par. (bg). The subject matter of the former s. 852.01 (2m) (bg) relating
to the heirship of a juvenile adjudicated delinquent for intentionally killing a person is
now located at s. 854.14 (5) (b), as created by
1997 Wis. Act 188.
Note: There is no conflict of substance.