SB146: Bill Text

SB146,106,13 (b) We, ...., ...., the witnesses, being first duly sworn, sign our names to this instrument and declare to the undersigned authority all of the following:

SB146,106,14 1. The testator executes this instrument as his or her will.

SB146,106,16 2. The testator signs it willingly, or willingly directs another to sign for him or her.

SB146,106,18 3. Each of us, in the conscious presence of the testator, signs this will as a witness.

SB146,106,20 4. To the best of our knowledge, the testator is 18 years of age or older, of sound mind and under no constraint or undue influence.

SB146,106,21 Witness: ....

SB146,106,22 Witness: ....

SB146,106,23 State of ....

SB146,107,1 County of ....

SB146,107,3 (c) Subscribed and sworn to before me by ...., the testator, and by ...., and ...., witnesses, this .... day of ...., .....

SB146,107,4 (Seal) ....

SB146,107,5 (Signed): ....

SB146,107,6 (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, s. 353 Section 353. 853.04 (2) of the statutes, as created by 1997 Wisconsin Act 188, is amended to read:

SB146,107,14 853.04 (2) Two-step procedure. An attested will may be made self-proved at any time after its execution by the affidavit of the testator and witnesses. The affidavit must be made before an officer authorized to administer oaths under the laws of the state in which the affidavit occurs and must be evidenced by the officer's certificate, under official seal, attached or annexed to the will in substantially the following form:

SB146,107,15 State of ....

SB146,107,16 County of ....

SB146,107,19 (a) We, ...., ...., and ...., the testator and the witnesses whose names are signed to the foregoing instrument, being first duly sworn, do declare to the undersigned authority all of the following:

SB146,107,20 1. The testator executed the instrument as his or her will.

SB146,107,22 2. The testator signed willingly, or willingly directed another to sign for him or her.

SB146,108,1 3. The testator executed the will as a free and voluntary act.

SB146,108,3 4. Each of the witnesses, in the conscious presence of the testator, signed the will as witness.

SB146,108,6 5. To the best of the knowledge of each witness, the testator was, at the time of execution, 18 years of age or older, of sound mind and under no constraint or undue influence.

SB146,108,7 Testator: ....

SB146,108,8 Witness: ....

SB146,108,9 Witness: ....

SB146,108,11 (b) Subscribed and sworn to before me by ...., the testator, and by ...., and ...., witnesses, this .... day of ...., .....

SB146,108,12 (Seal) ....

SB146,108,13 (Signed): ....

SB146,108,14 (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, s. 354 Section 354. 895.035 (2m) (a) of the statutes, as affected by 1997 Wisconsin Acts 35 and 205, is amended to read:

SB146,109,14 895.035 (2m) (a) If a juvenile or a parent with custody of a child juvenile fails to pay restitution under s. 938.245, 938.32, 938.34 (5), 938.343 (4), 938.345 or 938.45 (1r) (a) as ordered by a court assigned to exercise jurisdiction under chs. 48 and 938, a court of criminal jurisdiction or a municipal court or as agreed to in a deferred prosecution agreement or if it appears likely that the juvenile or parent will not pay restitution as ordered or agreed to, the victim, the victim's insurer, the representative of the public interest under s. 938.09 or the agency, as defined in s. 938.38 (1) (a), supervising the juvenile may petition the court assigned to exercise jurisdiction under chs. 48 and 938 to order that the amount of restitution unpaid by the juvenile or parent be entered and docketed as a judgment against the juvenile and the parent with custody of the juvenile and in favor of the victim or the victim's insurer, or both. A petition under this paragraph may be filed after the expiration of the deferred prosecution agreement, consent decree, dispositional order or sentence under which the restitution is payable, but no later than one year after the expiration of the deferred prosecution agreement, consent decree, dispositional order or sentence or any extension of the consent decree, dispositional order or sentence. A judgment rendered under this paragraph does not bar the victim or the victim's insurer, or both, from commencing another action seeking compensation from the child juvenile or the parent, or both, if the amount of restitution ordered under this paragraph is less than the total amount of damages claimed by the victim or the victim'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.

SB146, s. 355 Section 355. The treatment of 895.035 (3) of the statutes by 1997 Wisconsin Act 35 is not repealed by 1997 Wisconsin Act 205. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 356 Section 356. 895.48 (1m) (intro.) of the statutes, as affected by 1997 Wisconsin Acts 67 and 156, is amended to read:

SB146,110,6 895.48 (1m) (intro.) Any physician licensed under ch. 448, chiropractor licensed under ch. 446, dentist licensed under ch. 447, emergency medical technician licensed under s. 146.50, physician assistant licensed under ch. 448, registered nurse licensed under ch. 441 or massage therapist or bodyworker issued a license of registration under subch. X 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:

Note: Subch. X of ch. 440, as created by 1997 Wis. Act 156, is renumbered subch. XI of ch. 440 by this bill.

SB146, s. 357 Section 357. 908.03 (6m) (a) of the statutes, as affected by 1997 Wisconsin Acts 67 and 156, is amended to read:

SB146,110,13 908.03 (6m) (a) Definition. In this subsection, "health care provider" means a massage therapist or bodyworker issued a license of registration under subch. X XI of ch. 440, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a physician assistant licensed under ch. 448 or a health care provider as defined in s. 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, s. 358 Section 358. 938.183 (2) of the statutes, as affected by 1997 Wisconsin Act 205, is amended to read:

SB146,111,21 938.183 (2) Notwithstanding ss. 938.12 (1) and 938.18, courts of criminal jurisdiction have exclusive original jurisdiction over a juvenile who is alleged to have attempted or committed a violation of s. 940.01 or to have committed a violation of s. 940.02 or 940.05 on or after the juvenile's 15th birthday. Notwithstanding ss. 938.12 (1) and 938.18, courts of criminal jurisdiction also have exclusive original jurisdiction over a juvenile specified in the preceding sentence who is alleged to have attempted or committed a violation of any state law in addition to the violation alleged under the preceding sentence if the violation alleged under this sentence and the violation alleged under the preceding sentence may be joined under s. 972.12 971.12 (1). Notwithstanding subchs. IV to VI, a juvenile who is alleged to have attempted or committed a violation of s. 940.01 or to have committed a violation of s. 940.02 or 940.05 on or after the juvenile's 15th birthday and a juvenile who is alleged to have attempted or committed a violation of any state criminal law, if that violation and an attempt to commit a violation of s. 940.01 or the commission of a violation of s. 940.01, 940.02 or 940.05 may be joined under s. 971.12 (1), is subject to the procedures specified in chs. 967 to 979 and the criminal penalties provided for the crime that the juvenile is alleged to have committed, except that the court of criminal jurisdiction shall, in lieu of convicting the juvenile, adjudge the juvenile to be delinquent and impose a disposition specified in s. 938.34 if the court of criminal jurisdiction finds that the juvenile has committed a lesser offense than the offense alleged under this subsection or has committed an offense that is joined under s. 971.12 (1) to an attempt to commit a violation of s. 940.01 or to the commission of a violation of s. 940.01, 940.02 or 940.05, but has not attempted to commit a violation of s. 940.01 or committed a violation of s. 940.01, 940.02 or 940.05, and the court of criminal jurisdiction, after considering the criteria specified in s. 938.18 (5), determines that the juvenile has proved by clear and convincing evidence that it would be in the best interests of the juvenile and of the public to adjudge the juvenile to 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.

SB146, s. 359 Section 359. The treatment of 938.205 (1) (intro.) of the statutes by 1997 Wisconsin Act 35 is not repealed by 1997 Wisconsin Act 296. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 360 Section 360. The treatment of 938.245 (2) (a) 5. a. of the statutes by 1997 Wisconsin Act 183 is not repealed by 1997 Wisconsin Act 205. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 361 Section 361. The treatment of 938.273 (2) of the statutes by 1997 Wisconsin Act 35 is not repealed by 1997 Wisconsin Act 181. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 362 Section 362. The treatment of 938.299 (5) of the statutes by 1997 Wisconsin Act 252 is not repealed by 1997 Wisconsin Act 296. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 363 Section 363. The treatment of 938.30 (6) of the statutes by 1997 Wisconsin Act 237 is not repealed by 1997 Wisconsin Act 252. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 364 Section 364. The treatment of 938.31 (7) of the statutes by 1997 Wisconsin Act 237 is not repealed by 1997 Wisconsin Act 252. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 365 Section 365. The treatment of 938.32 (1t) (a) 1. of the statutes by 1997 Wisconsin Act 183 is not repealed by 1997 Wisconsin Act 239. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 366 Section 366. The treatment of 938.34 (5) (a) of the statutes by 1997 Wisconsin Act 183 is not repealed by 1997 Wisconsin Act 205. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 367 Section 367. The treatment of 938.34 (8) of the statutes by 1997 Wisconsin Act 84 is not repealed by 1997 Wisconsin Act 205.

Note: There is no conflict of substance.

SB146, s. 368 Section 368. The treatment of 938.343 (4) of the statutes by 1997 Wisconsin Act 183 is not repealed by 1997 Wisconsin Act 205. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 369 Section 369. The treatment of 938.343 (7) of the statutes by 1997 Wisconsin Act 197 is not repealed by 1997 Wisconsin Act 248. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 370 Section 370. 938.35 (1) (d) of the statutes is amended to read:

SB146,113,6 938.35 (1) (d) The fact that a juvenile has been adjudged delinquent on the basis of unlawfully and intentionally killing a person is admissible for the purpose of 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 Section 371. 938.355 (2d) (b) 3. of the statutes is amended to read:

SB146,113,15 938.355 (2d) (b) 3. That the parent has committed a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) if committed in this state, and that the violation resulted in great bodily harm, as defined in s. 938.22 939.22 (14), or in substantial bodily harm, as defined in s. 938.22 939.22 (38), to the juvenile or another child of the parent.

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).

SB146, s. 372 Section 372. The treatment of 938.355 (6m) (a) (intro.) of the statutes by 1997 Wisconsin Act 239 is not repealed by 1997 Wisconsin Act 252. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 373 Section 373. 938.371 (1) of the statutes is reenacted to read:

SB146,114,9 938.371 (1) If a juvenile is placed in a foster home, treatment foster home, group home, child caring institution or secured correctional facility, including a placement under s. 938.205 or 938.21, the agency, as defined in s. 938.38 (1) (a), that placed the juvenile or arranged for the placement of the juvenile shall provide the following information to the foster parent, treatment foster parent or operator of the group home, child caring institution or secured correctional facility at the time of placement or, if the information has not been provided to the agency by that time, as soon as possible after the date on which the agency receives that information, but not more than 2 working days after that date:

SB146,114,16 (a) Results of a test or a series of tests of the juvenile to determine the presence of HIV, as defined in s. 968.38 (1) (b), antigen or nonantigenic products of HIV, or an antibody to HIV, as provided under s. 252.15 (5) (a) 19., including results included in a court report or permanency plan. At the time that the test results are provided, the agency shall notify the foster parent, treatment foster parent or operator of the group home, child caring institution or secured correctional facility of the confidentiality requirements under s. 252.15 (6).

SB146,114,21 (b) Results of any tests of the juvenile to determine the presence of viral hepatitis, type B, including results included in a court report or permanency plan. The foster parent, treatment foster parent or operator of a group home, child caring institution or secured correctional facility receiving information under this paragraph shall keep the information confidential.

SB146,114,25 (c) Any other medical information concerning the juvenile that is necessary for the care of the juvenile. The foster parent, treatment foster parent or operator of a group home, child caring institution or secured correctional facility receiving information under this paragraph shall keep the information confidential.

Note: The numbering of this subsection was incorrectly printed in the 1997-98 Wisconsin Statutes.

SB146, s. 374 Section 374. 938.396 (1) of the statutes, as affected by 1997 Wisconsin Acts 80 and 205, is amended to read:

SB146,115,20 938.396 (1) Law enforcement officers' records of juveniles shall be kept separate from records of adults. Law enforcement officers' records of juveniles shall not be open to inspection or their contents disclosed except under sub. (1b), (1d), (1g), (1m), (1r), (1t) or, (1x) or (5) or s. 938.293 or by order of the court. This subsection does not apply to representatives of the news media who wish to obtain information for the purpose of reporting news without revealing the identity of the juvenile involved, to the confidential exchange of information between the police and officials of the school attended by the juvenile or other law enforcement or social welfare agencies or to juveniles 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction. A public school official who obtains information under this subsection shall keep the information confidential as required under s. 118.125 and a private school official who obtains information under this subsection shall keep the information confidential in the same manner as is required of a public school official under s. 118.125. A law enforcement agency that obtains information under this subsection shall keep the information confidential as required under this subsection and s. 48.396 (1). A social welfare agency that obtains information under this subsection shall keep the information confidential as required under ss. 48.78 and 938.78.

Note: Reconciles the treatments of this provision by 1997 Wis. Acts 183 and 205.

SB146, s. 375 Section 375. The treatment of 938.396 (1t) of the statutes by 1997 Wisconsin Act 35 is not repealed by 1997 Wisconsin Act 181. Both treatments stand.

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).