SB404: Bill Text

SB404,12,13 51.30 (4) (b) 8m. To appropriate examiners and facilities in accordance with s. 971.17 (2) (e), (4) (c) and (7) (c), 980.03 (4) or 980.08 (3). The recipient of any information from the records shall keep the information confidential except as necessary to comply with s. 971.17 or ch. 980.

SB404, s. 11 Section 11. 51.30 (4) (b) 8s. of the statutes is created to read:

SB404,13,2 51.30 (4) (b) 8s. To appropriate persons in accordance with s. 980.031 (4) and to authorized representatives of the department of corrections, the department of health and family services, the department of justice or a district attorney for use in the evaluation or prosecution of any proceeding under ch. 980, if the treatment records involve or relate to an individual who is the subject of or who is being evaluated for a proceeding under ch. 980. The court in which the proceeding under ch. 980 is pending may issue any protective orders that it determines are appropriate concerning information made available or disclosed under this subdivision. Any representative of the department of corrections, the department of health and family services, the department of justice or a district attorney may disclose information obtained under this subdivision for any purpose consistent with any proceeding under ch. 980.

SB404, s. 12 Section 12. 51.30 (4) (b) 10m. of the statutes is repealed.

SB404, s. 13 Section 13. 118.125 (2) (ck) of the statutes is created to read:

SB404,13,16 118.125 (2) (ck) The school district clerk or his or her designee shall make pupil records available for inspection or disclose the contents of pupil records to authorized representatives of the department of corrections, the department of health and family services, the department of justice or a district attorney for use in the evaluation or prosecution of any proceeding under ch. 980, if the pupil records involve or relate to an individual who is the subject of or who is being evaluated for a proceeding under ch. 980. The court in which the proceeding under ch. 980 is pending may issue any protective orders that it determines are appropriate concerning pupil records made available or disclosed under this paragraph. Any representative of the department of corrections, the department of health and family services, the department of justice or a district attorney may disclose information obtained under this paragraph for any purpose consistent with any proceeding under ch. 980.

SB404, s. 14 Section 14. 146.82 (2) (c) of the statutes is amended to read:

SB404,13,22 146.82 (2) (c) Notwithstanding sub. (1), patient health care records shall be released to appropriate examiners and facilities in accordance with ss. s. 971.17 (2) (e), (4) (c) and (7) (c), 980.03 (4) and 980.08 (3). The recipient of any information from the records shall keep the information confidential except as necessary to comply with s. 971.17 or ch. 980.

SB404, s. 15 Section 15. 146.82 (2) (cm) of the statutes is created to read:

SB404,14,11 146.82 (2) (cm) Notwithstanding sub. (1), patient health care records shall be released to appropriate persons in accordance with s. 980.031 (4) and to authorized representatives of the department of corrections, the department of health and family services, the department of justice or a district attorney for use in the evaluation or prosecution of any proceeding under ch. 980, if the treatment records involve or relate to an individual who is the subject of or who is being evaluated for a proceeding under ch. 980. The court in which the proceeding under ch. 980 is pending may issue any protective orders that it determines are appropriate concerning records made available or disclosed under this paragraph. Any representative of the department of corrections, the department of health and family services, the department of justice or a district attorney may disclose information obtained under this paragraph for any purpose consistent with any proceeding under ch. 980.

SB404, s. 16 Section 16. 756.06 (2) (b) of the statutes is amended to read:

SB404,14,15 756.06 (2) (b) Except as provided in par. pars. (c) and (cm), a jury in a civil case shall consist of 6 persons unless a party requests a greater number, not to exceed 12. The court, on its own motion, may require a greater number, not to exceed 12.

SB404, s. 17 Section 17. 756.06 (2) (cm) of the statutes is created to read:

SB404,14,22 756.06 (2) (cm) A jury in a trial under s. 980.05 shall consist of the number of persons specified in s. 980.05 (2) unless a lesser number has been stipulated to and approved under s. 980.05 (2m) (c). A jury in a hearing under s. 980.09 (1) (b) or (2) (b) shall consist of the number of persons specified in s. 980.09 (1) (b) or (2) (b), whichever is applicable, unless a lesser number has been stipulated to and approved under s. 980.09 (3) (c).

SB404, s. 18 Section 18. 801.52 of the statutes is amended to read:

SB404,15,2 801.52 Discretionary change of venue. The court may at any time, upon its own motion, the motion of a party or the stipulation of the parties, change the venue to any county in the interest of justice or for the convenience of the parties or witnesses. This section does not apply to proceedings under ch. 980.

SB404, s. 19 Section 19. 808.04 (3) of the statutes is amended to read:

SB404,15,6 808.04 (3) Except as provided in subs. (4) and (7), an appeal in a criminal case or a case under ch. 48, 51, 55 or, 938 or 980 shall be initiated within the time period specified in s. 809.30.

SB404, s. 20 Section 20. 808.04 (4) of the statutes is amended to read:

SB404,15,10 808.04 (4) Except as provided in sub. (7m), an appeal by the state in either a criminal case under s. 974.05 or a case under ch. 48 or , 938 or 980 shall be initiated within 45 days of entry of the judgment or order appealed from.

SB404, s. 21 Section 21. 809.10 (1) (a) of the statutes is amended to read:

SB404,15,24 809.10 (1) (a) Filing. A person shall initiate an appeal by filing a notice of appeal with the clerk of the trial court in which the judgment or order appealed from was entered and shall specify in the notice of appeal the judgment or order appealed from, whether the appeal is in one of the types of cases specified in s. 752.31 (2), and whether the appeal is one of those to be given preference in the circuit court or court of appeals pursuant to statute. The person at the same time shall notify the court of appeals of the filing of the appeal by sending a copy of the notice of appeal to the clerk of the court. The person shall also send the court of appeals an original and one copy of a completed docketing statement on a form prescribed by the court of appeals. The statement shall accompany the court of appeals' copy of the notice of appeal. The person shall also send a copy of the completed docketing statement to opposing counsel. Docketing statements need not be filed in criminal cases , in cases under ch. 980 or in cases in which a party appears pro se.

SB404, s. 22 Section 22. 809.30 (1) (a) of the statutes is amended to read:

SB404,16,8 809.30 (1) (a) "Postconviction relief" means, in a felony or misdemeanor case, an appeal or a motion for postconviction relief other than a motion under s. 973.19 or 974.06. In a ch. 48, 51, 55 or 938 case, other than a termination of parental rights case under s. 48.43, it means an appeal or a motion for reconsideration by the trial court of its final judgment or order; in such cases a notice of intent to pursue such relief or a motion for such relief need not be styled as seeking "postconviction" relief. In a ch. 980 case, it means an appeal or a motion for postcommitment relief under s. 980.038 (4).

SB404, s. 23 Section 23. 809.30 (1) (b) of the statutes is amended to read:

SB404,16,14 809.30 (1) (b) "Sentencing" means, in a felony or misdemeanor case, the imposition of a sentence, fine or probation. In a ch. 48, 51, 55 or 938 case, other than a termination of parental rights case under s. 48.43, it means the entry of the trial court's final judgment or order. In a ch. 980 case, it means the entry of an order under s. 980.06.

SB404, s. 24 Section 24. 809.40 (1) of the statutes is amended to read:

SB404,16,20 809.40 (1) An appeal to the court of appeals from a judgment or order in a misdemeanor case or a ch. 48, 51, 55 or, 938 or 980 case, or a motion for postconviction relief in a misdemeanor case or a motion for postcommitment relief under s. 980.038 (4) must be initiated within the time periods specified in s. 808.04 and is governed by the procedures specified in ss. 809.30 to 809.32.

SB404, s. 25 Section 25. 814.61 (1) (c) 6. of the statutes is created to read:

SB404,16,22 814.61 (1) (c) 6. An action for civil commitment under ch. 51, 55 or 980.

SB404, s. 26 Section 26. 905.04 (4) (a) of the statutes is amended to read:

SB404,17,10 905.04 (4) (a) Proceedings for hospitalization, control, care and treatment of a sexually violent person, guardianship, protective services or protective placement. There is no privilege under this rule as to communications and information relevant to an issue in proceedings to hospitalize the patient for mental illness, to appoint a guardian under s. 880.33, for control, care and treatment of a sexually violent person under ch. 980, for court-ordered protective services or protective placement or for review of guardianship, protective services or protective placement orders, if the physician, registered nurse, chiropractor, psychologist, social worker, marriage and family therapist or professional counselor in the course of diagnosis or treatment has determined that the patient is in need of hospitalization, control, care and treatment as a sexually violent person, guardianship, protective services or protective placement.

SB404, s. 27 Section 27. 911.01 (4) (c) of the statutes is amended to read:

SB404,17,17 911.01 (4) (c) Miscellaneous proceedings. Proceedings for extradition or rendition; sentencing, or granting or revoking probation, issuance of arrest warrants, criminal summonses and search warrants; hearings under s. 980.08 or 980.09; proceedings under s. 971.14 (1) (c); proceedings with respect to pretrial release under ch. 969 except where habeas corpus is utilized with respect to release on bail or as otherwise provided in ch. 969.

SB404, s. 28 Section 28. 938.34 (15m) (am) of the statutes is amended to read:

SB404,17,25 938.34 (15m) (am) Except as provided in par. (bm), if the juvenile is adjudicated delinquent on the basis of any violation, or the solicitation, conspiracy or attempt to commit any violation, under ch. 940, 944 or 948 or ss. 941.32, 941.38 or 943.01 to 943.15, the court may require the juvenile to comply with the reporting requirements under s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest of public protection to have the juvenile report under s. 301.45.

SB404, s. 29 Section 29. 938.35 (1) (e) of the statutes is created to read:

SB404,18,3 938.35 (1) (e) In a hearing, trial or other proceeding under ch. 980 relating to a juvenile.

SB404, s. 30 Section 30. 938.396 (1) of the statutes is amended to read:

SB404,18,22 938.396 (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 (10) 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.

SB404, s. 31 Section 31. 938.396 (2) (e) of the statutes is renumbered 938.396 (10) and amended to read:

SB404,19,17 938.396 (10) Upon request of the department of corrections to review court A law enforcement agency's records and records for the purpose of providing, under s. 980.015 (3) (a), of the court assigned to exercise jurisdiction under this chapter and ch. 48 shall be open for inspection by authorized representatives of the department of corrections, the department of health and family services, the department of justice or a district attorney with a person's offense history, the court shall open for inspection by authorized representatives of the department of corrections the records of the court relating to any juvenile who has been adjudicated delinquent for a sexually violent offense, as defined in s. 980.01 (6) for use in the evaluation or prosecution of any proceeding under ch. 980, if the records involve or relate to an individual who is the subject of or who is being evaluated for a proceeding under ch. 980. The court in which the proceeding under ch. 980 is pending may issue any protective orders that it determines are appropriate concerning information made available or disclosed under this subsection. Any representative of the department of corrections, the department of health and family services, the department of justice or a district attorney may disclose information obtained under this subsection for any purpose consistent with any proceeding under ch. 980.

SB404, s. 32 Section 32. 938.396 (5) (a) (intro.) of the statutes is amended to read:

SB404,19,22 938.396 (5) (a) (intro.) Any person who is denied access to a record under sub. (1), (1b), (1d), (1g), (1m), (1r) or, (1t) or (10) may petition the court to order the disclosure of the records governed by the applicable subsection. The petition shall be in writing and shall describe as specifically as possible all of the following:

SB404, s. 33 Section 33. 938.78 (2) (e) of the statutes is amended to read:

SB404,20,13 938.78 (2) (e) Paragraph (a) does not prohibit Notwithstanding par. (a), the department from disclosing shall, upon request, disclose information about an individual adjudged delinquent under s. 938.183 or 938.34 for a sexually violent offense, as defined in s. 980.01 (6), to authorized representatives of the department of corrections, the department of health and family services, the department of justice, or a district attorney or a judge acting under ch. 980 or to an attorney who represents a person subject to a petition for use in the evaluation or prosecution of any proceeding under ch. 980, if the information involves or relates to an individual who is the subject of or who is being evaluated for a proceeding under ch. 980. The court in which the petition proceeding under s. 980.02 is filed ch. 980 is pending may issue any protective orders that it determines are appropriate concerning information disclosed under this paragraph. Any representative of the department of corrections, the department of health and family services, the department of justice or a district attorney may disclose information obtained under this paragraph for any purpose consistent with any proceeding under ch. 980.

SB404, s. 34 Section 34. 939.623 (1) of the statutes is renumbered 939.623 (1) (intro.) and amended to read:

SB404,20,17 939.623 (1) (intro.) In this section, "serious sex crime" means a any of the following:

SB404,20,18 (a) A violation of s. 940.225 (1) or , (2) or (3).

SB404, s. 35 Section 35. 939.623 (1) (b) of the statutes is created to read:

SB404,20,22 939.623 (1) (b) A crime at any time under federal law or the law of any other state or, prior to the effective date of this paragraph .... [revisor inserts date], under the law of this state that is comparable to a crime specified in par. (a).

SB404, s. 36 Section 36. 939.624 (1) of the statutes is renumbered 939.624 (1) (intro.) and amended to read:

SB404,21,2 939.624 (1) (intro.) In this section, "serious violent crime" means a any of the following:

SB404,21,3 (a) A violation of s. 940.03 or 940.05.

SB404, s. 37 Section 37. 939.624 (1) (b) of the statutes is created to read:

SB404,21,7 939.624 (1) (b) A crime at any time under federal law or the law of any other state or, prior to the effective date of this paragraph .... [revisor inserts date], under the law of this state that is comparable to a crime specified in par. (a).

SB404, s. 38 Section 38. 946.42 (1) (a) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB404,22,3 946.42 (1) (a) "Custody" includes without limitation actual custody of an institution, including a secured correctional facility, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), a secured group home, as defined in s. 938.02 (15p), a secure detention facility, as defined in s. 938.02 (16), a Type 2 child caring institution, as defined in s. 938.02 (19r), a facility used for the detention of persons detained under s. 980.04 (1), a facility specified in s. 980.065 or a juvenile portion of a county jail, or actual custody of a peace officer or institution guard. "Custody" also includes without limitation the constructive custody of persons placed on supervised release under a commitment order issued under ch. 980 and constructive custody of prisoners and juveniles subject to an order under s. 48.366, 938.183, 938.34 (4d), (4h) or (4m) or 938.357 (4) or (5) (e) temporarily outside the institution whether for the purpose of work, school, medical care, a leave granted under s. 303.068, a temporary leave or furlough granted to a juvenile or otherwise. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the county to which the prisoner was transferred after conviction. It does not include the custody of a probationer, parolee or person on extended supervision by the department of corrections or a probation, extended supervision or parole officer or the custody of a person who has been released to aftercare supervision under ch. 938 unless the person is in actual custody or is subject to a confinement order under s. 973.09 (4).

SB404, s. 39 Section 39. 946.42 (3m) of the statutes is created to read:

SB404,22,6 946.42 (3m) A person in custody under any of the following circumstances who intentionally escapes from that custody is guilty of a Class B felony:

SB404,22,8 (a) While subject to a detention order under s. 980.04 (1) or a custody order under s. 980.04 (3).

SB404,22,11 (b) While subject to an order issued under s. 980.06 committing the person to custody of the department of health and family services, regardless of whether the person is placed in institutional care or on supervised release.

SB404, s. 40 Section 40. 971.17 (1m) (b) 1m. of the statutes is amended to read:

SB404,22,20 971.17 (1m) (b) 1m. Except as provided in subd. 2m., if the defendant under sub. (1) is found not guilty by reason of mental disease or defect for any violation, or for the solicitation, conspiracy or attempt to commit any violation, of ch. 940, 944 or 948 or ss. 941.32, 941.38 or 943.01 to 943.15, the court may require the defendant to comply with the reporting requirements under s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest of public protection to have the defendant report under s. 301.45.

SB404, s. 41 Section 41. 972.15 (4) of the statutes is amended to read:

SB404,22,25 972.15 (4) After sentencing, unless otherwise authorized under sub. (5) or (6) or ordered by the court, the presentence investigation report shall be confidential and shall not be made available to any person except upon specific authorization of the court.

SB404, s. 42 Section 42. 972.15 (6) of the statutes is created to read:

SB404,23,5 972.15 (6) The presentence investigation report and any information contained in it or upon which it is based may be used by any of the following persons in any evaluation, examination, referral, hearing, trial, postcommitment relief proceeding, appeal or other proceeding under ch. 980:

SB404,23,6 (a) The department of corrections.

SB404,23,7 (b) The department of health and family services.

SB404,23,9 (c) The person who is the subject of the presentence investigation report, his or her attorney or an agent or employe of the attorney.

SB404,23,10 (d) The attorney representing the state or an agent or employe of the attorney.

SB404,23,12 (e) A licensed physician, licensed psychologist or other mental health professional who is examining the subject of the presentence investigation report.

SB404,23,13 (f) The court and, if applicable, the jury hearing the case.

SB404, s. 43 Section 43. 973.048 (1m) of the statutes is amended to read:

SB404,23,21 973.048 (1m) Except as provided in sub. (2m), if a court imposes a sentence or places a person on probation for any violation, or for the solicitation, conspiracy or attempt to commit any violation, under ch. 940, 944 or 948 or ss. 941.32, 941.38 or 943.01 to 943.15, the court may require the person to comply with the reporting requirements under s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest of public protection to have the person report under s. 301.45.

SB404, s. 44 Section 44. 978.045 (1r) (intro.) of the statutes is amended to read:

SB404,24,6 978.045 (1r) (intro.) Any judge of a court of record, by an order entered in the record stating the cause therefor, may appoint an attorney as a special prosecutor to perform, for the time being, or for the trial of the accused person, the duties of the district attorney. An attorney appointed under this subsection shall have all of the powers of the district attorney. The judge may appoint an attorney as a special prosecutor at the request of a district attorney to assist the district attorney in the prosecution of persons charged with a crime, in grand jury or John Doe proceedings, in proceedings under ch. 980 or in investigations. The judge may appoint an attorney as a special prosecutor if any of the following conditions exists:

SB404, s. 45 Section 45. 980.01 (1) of the statutes is renumbered 980.01 (1r).

SB404, s. 46 Section 46. 980.01 (1g) of the statutes is created to read:

SB404,24,10 980.01 (1g) "Act of sexual violence" means conduct that constitutes the commission of a sexually violent offense.

SB404, s. 47 Section 47. 980.01 (2) of the statutes is amended to read:

SB404,24,14 980.01 (2) "Mental disorder" means a congenital or acquired condition affecting the emotional, cognitive or volitional capacity that predisposes a person to engage in acts of sexual violence.

SB404, s. 48 Section 48. 980.01 (5) of the statutes is amended to read:

SB404,24,18 980.01 (5) "Sexually motivated" means that one of the purposes for an act is for the actor's sexual arousal or gratification or for the sexual humiliation or degradation of the victim.

SB404, s. 49 Section 49. 980.01 (6) (a) of the statutes is amended to read:

SB404,24,21 980.01 (6) (a) Any crime specified in s. 940.22 (2), 940.225 (1) or, (2) or (3), 948.02 (1) or (2), 948.025, 948.06 or 948.07.

SB404, s. 50 Section 50. 980.01 (6) (am) of the statutes is created to read:

SB404,24,24 980.01 (6) (am) An offense that, prior to June 2, 1994, was a crime under the law of this state and that is comparable to any crime specified in par. (a).