SB146: Bill Text

Note: There is no conflict of substance.

SB146, s. 376 Section 376. 938.396 (2) (g) of the statutes, as created by 1997 Wisconsin Act 205, is renumbered 938.396 (2) (gm).

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 Section 377. 938.396 (2) (i) of the statutes is amended to read:

SB146,116,13 938.396 (2) (i) Upon request of the court assigned to exercise probate jurisdiction, the attorney general, the personal representative or special administrator of, or an attorney performing services for, the estate of a decedent in any proceeding under chs. 851 to 879, a person interested, a as defined in s. 851.21, or an attorney, attorney-in-fact, guardian ad litem or guardian of the estate of a person interested to review court records for the purpose of s. 852.01 (2m) (bg) 854.14 (5) (b), the court assigned to exercise jurisdiction under this chapter and ch. 48 shall open for inspection by any authorized representative of the requester the records of the court relating to any juvenile who has been adjudged delinquent on the basis of unlawfully 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Note: Section 852.01 (2m) was repealed and recreated by 1997 Wis.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.

SB146, s. 378 Section 378. The treatment of 938.396 (7) (a) of the statutes by 1997 Wisconsin Act 95 is not repealed by 1997 Wisconsin Act 205. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 379 Section 379. The treatment of 938.396 (7) (bm) of the statutes by 1997 Wisconsin Act 95 is not repealed by 1997 Wisconsin Act 205. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 380 Section 380. The treatment of 938.396 (7) (c) of the statutes by 1997 Wisconsin Act 95 is not repealed by 1997 Wisconsin Act 205. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 381 Section 381. The treatment of 938.51 (1) (intro.) of the statutes by 1997 Wisconsin Act 181 is not repealed by 1997 Wisconsin Act 207. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 382 Section 382. 938.51 (1) (c) (intro.) of the statutes, as affected by 1997 Wisconsin Acts 181 and 207, is amended to read:

SB146,117,6 938.51 (1) (c) (intro.) Subject to par. (cm), notify an adult relative of the victim of the juvenile's release if all of the following apply:

Note: The underscored language was deleted by 1997 Wis. Act 181, but must be reinserted to give effect to the treatment of this provision by 1997 Wis. Act 207.

SB146, s. 383 Section 383. 938.51 (1m) of the statutes, as affected by 1997 Wisconsin Acts 181 and 207, is amended to read:

SB146,117,16 938.51 (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 or, from a secured child caring institution or from the supervision of the department or county department, the community in which the juvenile states that he or she intends to reside.

Note: The stricken "or" was inserted by 1997 Wis. Act 207, but rendered surplusage by the treatment of this provision by 1997 Wis. Act 181.

SB146, s. 384 Section 384. The treatment of 938.51 (2) of the statutes by 1997 Wisconsin Act 181 is not repealed by 1997 Wisconsin Act 207. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 385 Section 385. The treatment of 938.51 (4) (intro.) of the statutes by 1997 Wisconsin Act 181 is not repealed by 1997 Wisconsin Act 207. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 386 Section 386. 938.51 (4) (a) of the statutes, as affected by 1997 Wisconsin Acts 181 and 207, is amended to read:

SB146,118,6 938.51 (4) (a) Any known victim of the act for which the juvenile was found delinquent or to be in need of protection or services, if the criteria under sub. (1) (b) are met; an adult relative of the victim, if the criteria under sub. (1) (c) are met; or the victim's parent or guardian, if the criteria under sub. (1) (cm) are met.

Note: The underscored language was deleted by 1997 Wis. Act 181, but must be reinserted to give effect to the treatment of this provision by 1997 Wis. Act 207.

SB146, s. 387 Section 387. The treatment of 939.62 (2m) (a) 2m. b. of the statutes, as renumbered, by 1997 Wisconsin Act 219, section 1r, is not repealed by 1997 Wisconsin Act 295, section 11. Both treatments stand.

Note: There is no conflict of substance. Section 939.62 (2m) (a) 2. was renumbered to be s. 939.62 (2m) (a) 2m. b. by 1997 Wis. Act 326.

SB146, s. 388 Section 388. The treatment of 939.62 (2m) (c) of the statutes, as renumbered, by 1997 Wisconsin Act 283, section 327, is not repealed by 1997 Wisconsin Act 326, section 9. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 389 Section 389. The treatment of 940.09 (1d) of the statutes by 1997 Wisconsin Act 237 is not repealed by 1997 Wisconsin Act 295. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 390 Section 390. 940.25 (1b) of the statutes is amended to read:

SB146,118,19 940.25 (1b) If there was a minor passenger under 16 years of age or an unborn child in the motor vehicle at the time of the violation that gave rise to the conviction under sub. (1), any applicable maximum fine or imprisonment specified for the conviction is doubled.

Note: The underscored language was inadvertently not included in the printed 1997-98 Wisconsin Statutes.

SB146, s. 391 Section 391. The treatment of 940.25 (1d) of the statutes by 1997 Wisconsin Act 237 is not repealed by 1997 Wisconsin Act 295. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 392 Section 392. 940.25 (2) of the statutes, as affected by 1997 Wisconsin Act 295, is amended to read:

SB146,119,9 940.25 (2) The defendant has a defense if he or she proves by a preponderance of the evidence that the great bodily harm would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant or did not have an alcohol concentration described under sub. (1), or (b), (bm), (d) or (e).

Note: The treatment by 1997 Wis. Act 295 resulted in incorrect cross-references. Drafting records indicate that the underscored "(b)" was inadvertently stricken and that the stricken "or" was actually intended for striking.

SB146, s. 393 Section 393. The treatment of 941.20 (3) (b) 2. of the statutes by 1997 Wisconsin Act 248 is not repealed by 1997 Wisconsin Act 249. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 394 Section 394. 941.31 (2) (c) of the statutes is amended to read:

SB146,119,17 941.31 (2) (c) This subsection does not apply to the transportation, possession, use or transfer of any improvised explosive devise device by any armed forces or national guard personnel or to any peace officer in the line of duty or as part of a duty-related function or exercise. The restriction on transportation in this subsection does not apply to common carriers.

Note: Corrects spelling error. The change has been made in the printed volumes.

SB146, s. 395 Section 395. 950.02 (1m) of the statutes, as affected by 1997 Wisconsin Acts 35 and 181, is amended to read:

SB146,119,21 950.02 (1m) "Crime" means an act committed in this state which, if committed by a competent adult, would constitute a crime, as defined in s. 939.12. juvenile

Note: The stricken language was inserted by 1997 Wis. Act 35, but rendered surplusage by the treatment of this provision by 1997 Wis. Act 181.

SB146, s. 396 Section 396. 950.04 (2w) (g) of the statutes, as affected by 1997 Wisconsin Act 181, is amended to read:

SB146,120,6 950.04 (2w) (g) To be provided with appropriate employer intercession services to ensure that employers of witnesses will cooperate with the criminal justice process and the juvenile justice process in order to minimize an employe's loss of pay and other benefits resulting from court appearances.

Note: 1997 Wis. Act 181 deleted "employer" without showing it as stricken. The change was intended.

SB146, s. 397 Section 397. 961.41 (3g) (a) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB146,120,15 961.41 (3g) (a) 1. Except as provided in subd. 2., if the person possesses a controlled substance included in schedule I or II which is a narcotic drug, or possesses a controlled substance analog of a controlled substance included in schedule I or II which is a narcotic drug, the person may, upon a first conviction, be fined not more than $5,000 or imprisoned for not more than 2 years or both, and, for a 2nd or subsequent offense, the person may be fined not more than $10,000 or imprisoned for not more than 3 years or both.

Note: The underscored text was inadvertently deleted by 1997 Wis. Act 283.

SB146, s. 398 Section 398. The treatment of 961.49 (2) (a) of the statutes by 1997 Wisconsin Act 283 is not repealed by 1997 Wisconsin Act 327. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 399 Section 399. 969.08 (1) of the statutes is amended to read:

SB146,121,13 969.08 (1) Upon petition by the state or the defendant, the court before which the action is pending may increase or reduce the amount of bail or may alter other conditions of release or the bail bond or grant bail if it has been previously revoked. Except as provided in sub. (5), a defendant for whom conditions of release are imposed and who after 72 hours from the time of initial appearance before a judge continues to be detained in custody as a result of the defendant's inability to meet the conditions of release, upon application, is entitled to have the conditions reviewed by the judge of the court before whom the action against the defendant is pending. s Unless the conditions of release are amended and the defendant is thereupon released, the judge shall set forth on the record the reasons for requiring the continuation of the conditions imposed. A defendant who is ordered released on a condition which requires that he or she return to custody after specified hours, upon application, is entitled to a review by the judge of the court before whom the action is pending. Unless the requirement is removed and the defendant thereupon released on another condition, the judge shall set forth on the record the reasons for continuing the requirement.

Note: The underscored text was inadvertently deleted from the printed volumes of the 1997-98 Wisconsin Statutes.

SB146, s. 400 Section 400. The treatments of 969.08 (10) (b) of the statutes by 1997 Wisconsin Acts 143 and 180 are not repealed by 1997 Wisconsin Act 295. All treatments stand.

Note: There is no conflict of substance.

SB146, s. 401 Section 401. The treatments of 972.13 (6) of the statutes by 1997 Wisconsin Acts 250 and 275 are not repealed by 1997 Wisconsin Act 283. All treatments stand.

Note: There is no conflict of substance.

SB146, s. 402 Section 402. The treatment of 972.14 (2) of the statutes by 1997 Wisconsin Act 73 is not repealed by 1997 Wisconsin Act 205. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 403 Section 403. The treatment of 972.15 (2s) of the statutes by 1997 Wisconsin Act 73 is not repealed by 1997 Wisconsin Act 205. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 404 Section 404. The treatment of 973.0135 (1) (b) 2. of the statutes by 1997 Wisconsin Act 219 is not repealed by 1997 Wisconsin Act 295. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 405 Section 405. The treatment of 973.014 (2) of the statutes by 1997 Wisconsin Act 283 is not repealed by 1997 Wisconsin Act 326. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 406 Section 406. The treatments of 973.05 (1) of the statutes by 1997 Wisconsin Acts 27 and 148 are not repealed by 1997 Wisconsin Act 248. All treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 states that it treats this provision as affected by 1997 Wis. Act 27, but does not.

SB146, s. 407 Section 407. 980.06 (2) (b) of the statutes, as affected by 1997 Wisconsin Acts 27 and 284, is amended to read:

SB146,123,7 980.06 (2) (b) An order for commitment under this section shall specify either institutional care or supervised release. In determining whether commitment shall be for institutional care or for supervised release, the court may consider, without limitation because of enumeration, the nature and circumstances of the behavior that was the basis of the allegation in the petition under s. 980.02 (2) (a), the person's mental history and present mental condition, where the person will live, how the person will support himself or herself, and what arrangements are available to ensure that the person has access to and will participate in necessary treatment, including pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen if the person is a serious child sex offender. In deciding whether to order supervised release of a person who is a serious child sex offender, the court may not consider, as a factor in making its decision, that the person is a proper subject for pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen or that the person is willing to participate in pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen. The department shall arrange for control, care and treatment of the person in the least restrictive manner consistent with the requirements of the person and in accordance with the court's commitment order.

Note: Inserts missing "a".

SB146, s. 408 Section 408. The treatment of 980.06 (2) (c) of the statutes by 1997 Wisconsin Act 275 is not repealed by 1997 Wisconsin Act 284. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 409 Section 409. The treatment of 980.08 (4) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 284. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 410 Section 410. The treatment of 980.08 (5) of the statutes by 1997 Wisconsin Act 275 is not repealed by 1997 Wisconsin Act 284. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 411 Section 411. 990.001 (16) of the statutes is created to read:

SB146,123,16 990.001 (16) Degrees of kinship. The degree of kinship is computed according to the rules of the civil law, as follows: [See Figure 990.001 (16) following]

SB146,124,2 Figure: 990.001 (16)