AB934: Bill Text

AB934,120,15 4. If the party joined moves for dismissal without prejudice as to his or her claim, the party shall demonstrate to the court that it would be unjust to require the party to prosecute the claim with the principal claim. In determining whether to grant the motion to dismiss, the court shall weigh the possible prejudice to the movant against the state's interest in economy of judicial effort.

Note: Subdivides provision to conform numbering with current style and to improve readability. Replaces disfavored terms.

AB934, s. 302 Section 302. 814.60 (2) (intro.), (a) and (ag) of the statutes are amended to read:

AB934,120,19 814.60 (2) (intro.) In addition to any fine imposed, a defendant shall be required to pay any applicable of the following that applies:

AB934,120,20 (a) Penalty The penalty assessment imposed by s. 757.05;.

AB934,120,21 (ag) Jail The jail assessment imposed by s. 302.46 (1);.

Note: Conforms the form of the (intro.), paragraph beginnings, and punctuation to current style.

AB934, s. 303 Section 303. 814.60 (2) (ai) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB934,121,4 814.60 (2) (ai) Consumer The consumer protection assessment imposed by s. 100.261.

Note: Conforms the form of the paragraph beginning to current style.

AB934, s. 304 Section 304. 814.60 (2) (am) to (d) of the statutes are amended to read:

AB934,121,7 814.60 (2) (am) Crime The crime victim and witness assistance surcharge imposed by s. 973.045;.

AB934,121,9 (an) Crime The crime laboratories and drug law enforcement assessment imposed under s. 165.755.

AB934,121,11 (ap) Deoxyribonucleic The deoxyribonucleic acid analysis surcharge imposed by s. 973.046;.

AB934,121,13 (b) Domestic The domestic abuse assessment imposed by s. 971.37 (1m) (c) 1. or 973.055;.

AB934,121,14 (bm) Uninsured The uninsured employer assessment imposed by s. 102.85 (4);.

AB934,121,15 (c) Driver The driver improvement surcharge imposed by s. 346.655;.

AB934,121,16 (cg) Enforcement The enforcement assessment imposed by s. 253.06 (4) (c).

AB934,121,18 (cn) Drug The drug abuse program improvement surcharge imposed by s. 961.41 (5).

AB934,121,19 (cs) Environmental The environmental assessment imposed by s. 299.93.

AB934,121,20 (d) Natural The natural resources assessment imposed by s. 29.987; and.

Note: Conforms the form of the paragraph beginnings and punctuation to current style.

AB934, s. 305 Section 305. 814.60 (2) (e) of the statutes, as affected by 2001 Wisconsin Act 56, is amended to read.

AB934,122,2 814.60 (2) (e) Natural The natural resources restitution payment imposed by s. 169.46 (2) or 29.989.

Note: Conforms the form of the paragraph beginning to current style.

AB934, s. 306 Section 306. 814.60 (2) (eg) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB934,122,6 814.60 (2) (eg) Truck The truck driver education assessment imposed by s. 349.04.

Note: Conforms the form of the paragraph beginning to current style.

AB934, s. 307 Section 307. 814.60 (2) (em) and (f) of the statutes are amended to read:

AB934,122,9 814.60 (2) (em) Wild The wild animal protection assessment imposed by s. 29.983.

AB934,122,10 (f) Weapons The weapons assessment imposed by s. 167.31 (5).

Note: Conforms the form of the paragraph beginnings to current style.

AB934, s. 308 Section 308. 840.10 (1) (b) of the statutes is amended to read:

AB934,122,13 840.10 (1) (b) A lis pendens that is prepared by a member of the state bar State Bar of Wisconsin need not be authenticated.

Note: Conforms capitalization to current style.

AB934, s. 309 Section 309. 893.36 (1) of the statutes is renumbered 893.36 (1m).

Note: Accommodates the renumbering of a definition to the beginning of the section, consistent with current style. See the next two sections of this bill.

AB934, s. 310 Section 310. 893.36 (2) of the statutes is amended to read:

AB934,122,19 893.36 (2) This section does not apply to actions based upon a sale of livestock occurring prior to April 3, 1980, nor to an action by a secured party against its debtor. Section 893.35 or 893.51 applies to any action described in sub. (1) (1m) if the limitation described in sub. (1) (1m) is not applicable.

Note: Sub. (1) is renumbered to sub. (1m) by this bill.

AB934, s. 311 Section 311. 893.36 (3) of the statutes, as affected by 2001 Wisconsin Act 10, is renumbered 893.36 (1g).

Note: Renumbers a definition provision to the beginning of the section, consistent with current style.

AB934, s. 312 Section 312. 938.23 (1) of the statutes is renumbered 938.23 (1m).

Note: Accommodates the renumbering of s. 938.23 (6) to 938.23 (1g) by the next section of the bill.

AB934, s. 313 Section 313. 938.23 (6) of the statutes is renumbered 938.23 (1g) and amended to read:

AB934,123,9 938.23 (1g) Definition. For the purposes of In this section, "counsel" means an attorney acting as adversary counsel who shall advance and protect the legal rights of the party represented, and who may not act as guardian ad litem for any party in the same proceeding.

Note: Renumbers a definition provision to the beginning of the section, consistent with current style.

AB934, s. 314 Section 314. 938.357 (1) of the statutes is renumbered 938.357 (1) (a) and amended to read:

AB934,124,2 938.357 (1) (a) The person or agency primarily responsible for implementing the dispositional order or the district attorney may request a change in the placement of the juvenile, whether or not the change requested is authorized in the dispositional order, and shall cause written notice to be sent to the juvenile or the juvenile's counsel or guardian ad litem, the parent, guardian, and legal custodian of the juvenile, and any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2), guardian and legal custodian of the juvenile. The notice shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement is preferable to the present placement, and a statement of how the new placement satisfies objectives of the treatment plan ordered by the court.

AB934,124,14 (b) Any person receiving the notice under this subsection par. (a) or notice of the a specific foster or treatment foster placement under s. 938.355 (2) (b) 2. may obtain a hearing on the matter by filing an objection with the court within 10 days after receipt of the notice. Placements shall may not be changed until 10 days after such that notice is sent to the court unless the parent, guardian, or legal custodian and the juvenile, if 12 or more years of age, sign written waivers of objection, except that placement changes which that were authorized in the dispositional order may be made immediately if notice is given as required in this subsection under par. (a). In addition, a hearing is not required for placement changes authorized in the dispositional order except where when an objection filed by a person who received notice alleges that new information is available which that affects the advisability of the court's dispositional order.

Note: Subdivides provision for improved readability.

AB934, s. 315 Section 315. 938.357 (2) of the statutes is amended to read:

AB934,125,2 938.357 (2) If emergency conditions necessitate an immediate change in the placement of a juvenile placed outside the home, the person or agency primarily responsible for implementing the dispositional order may remove the juvenile to a new placement, whether or not authorized by the existing dispositional order, without the prior notice provided in sub. (1) (a). The notice shall, however, be sent within 48 hours after the emergency change in placement. Any party receiving notice may demand a hearing under sub. (1) (b). In emergency situations, the a juvenile may be placed in a licensed public or private shelter care facility as a transitional placement for not more than 20 days, as well as in any placement authorized under s. 938.34 (3).

Note: Corrects cross-references to conform to the renumbering and amendment of s. 938.357 (1) by this bill.

AB934, s. 316 Section 316. 938.357 (2m) of the statutes is renumbered 938.357 (2m) (a) and amended to read:

AB934,125,12 938.357 (2m) (a) The juvenile, the parent, guardian , or legal custodian of the juvenile, or any person or agency primarily bound by the dispositional order, other than the person or agency responsible for implementing the order, may request a change in placement under this subsection paragraph. The request shall contain the name and address of the place of the new placement requested and shall state what new information is available which that affects the advisability of the current placement. This The request shall be submitted to the court. In addition, the court may propose a change in placement on its own motion.

AB934,126,2 (b) The court shall hold a hearing on the matter prior to ordering any change in placement requested or proposed under this subsection par. (a) if the request states that new information is available which that affects the advisability of the current placement, unless written waivers of objection to the proposed change in placement are signed by all parties entitled to receive notice under sub. (1) (a) and the court approves. If a hearing is scheduled, the court shall notify the juvenile, the parent, guardian, and legal custodian of the juvenile, any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile, and all parties who are bound by the dispositional order at least 3 days prior to the hearing. A copy of the request or proposal for the change in placement shall be attached to the notice. If all of the parties consent, the court may proceed immediately with the hearing.

Note: Subdivides provision for improved readability.

AB934, s. 317 Section 317. 938.357 (2r) of the statutes is amended to read:

AB934,126,17 938.357 (2r) If a hearing is held under sub. (1) (b) or (2m) (b) and the change in placement would remove a juvenile from a foster home, treatment foster home, or other placement with a physical custodian described in s. 48.62 (2), the court shall give the foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the hearing or to submit a written statement prior to the hearing relating to the juvenile and the requested change in placement. Any written or oral statement made under this subsection shall be made under oath or affirmation. A foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under sub. (1) (b) or (2m) (b) and an opportunity to be heard under this subsection does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.

Note: Corrects cross-references to conform to the renumbering and amendment of s. 938.357 (1) and (2m) by this bill.

AB934, s. 318 Section 318. 938.357 (2v) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB934,127,5 938.357 (2v) If a hearing is held under sub. (1) (b) or (2m) (b) and the change in placement would place the juvenile outside the home in a placement recommended by the person or agency primarily responsible for implementing the dispositional order, the change in placement order shall include a statement that the court approves the placement recommended by the person or agency or, if the juvenile is placed outside the home in a placement other than a placement recommended by that person or agency, a statement that the court has given bona fide consideration to the recommendations made by that person or agency and all parties relating to the juvenile's placement.

Note: Corrects cross-reference to conform to the renumbering and amendment of s. 938.357 (1) and (2m).

AB934, s. 319 Section 319. 938.357 (3) of the statutes is amended to read:

AB934,127,16 938.357 (3) Subject to sub. subs. (4) (b) and (c) and (5) (e), if the proposed change in placement would involve placing a juvenile in a secured correctional facility, a secured child caring institution, or a secured group home, notice shall be given as provided in sub. (1) (a). A hearing shall be held, unless waived by the juvenile, parent, guardian, and legal custodian, before the judge makes a decision on the request. The juvenile shall be entitled to counsel at the hearing, and any party opposing or favoring the proposed new placement may present relevant evidence and cross-examine witnesses. The proposed new placement may be approved only if the judge finds, on the record, that the conditions set forth in s. 938.34 (4m) have been met.

Note: Corrects cross-reference to conform to the renumbering and amendment of s. 938.357 (1) by this bill.

AB934, s. 320 Section 320. 938.357 (4) (b) 1. of the statutes is amended to read:

AB934,128,2 938.357 (4) (b) 1. If a juvenile whom the department has placed in a Type 2 secured correctional facility operated by a child welfare agency violates a condition of his or her placement in the Type 2 secured correctional facility, the child welfare agency operating the Type 2 secured correctional facility shall notify the department and the department, after consulting with the child welfare agency, may place the juvenile in a Type 1 secured correctional facility under the supervision of the department without a hearing under sub. (1) (b).

Note: Corrects cross-reference to conform to the renumbering and amendment of s. 938.357 (1) by this bill.

AB934, s. 321 Section 321. 938.357 (4) (b) 2. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB934,128,20 938.357 (4) (b) 2. If a juvenile whom the court has placed in a Type 2 child caring institution under s. 938.34 (4d) violates a condition of his or her placement in the Type 2 child caring institution, the child welfare agency operating the Type 2 child caring institution shall notify the county department that has supervision over the juvenile and, if the county department agrees to a change in placement under this subdivision, the child welfare agency shall notify the department and the department, after consulting with the child welfare agency, may place the juvenile in a Type 1 secured correctional facility under the supervision of the department, without a hearing under sub. (1) (b), for not more than 10 days. If a juvenile is placed in a Type 1 secured correctional facility under this subdivision, the county department that has supervision over the juvenile shall reimburse the child welfare agency operating the Type 2 child caring institution in which the juvenile was placed at the rate established under s. 46.037, and that child welfare agency shall reimburse the department at the rate specified in s. 301.26 (4) (d) 2. or 3., whichever is applicable, for the cost of the juvenile's care while placed in a Type 1 secured correctional facility.

Note: Corrects cross-reference to conform to the renumbering and amendment of s. 938.357 (1) by this bill.

AB934, s. 322 Section 322. 938.357 (4) (c) 1. of the statutes is amended to read:

AB934,129,8 938.357 (4) (c) 1. If a juvenile is placed in a Type 2 secured correctional facility operated by a child welfare agency under par. (a) and it appears that a less restrictive placement would be appropriate for the juvenile, the department, after consulting with the child welfare agency that is operating the Type 2 secured correctional facility in which the juvenile is placed, may place the juvenile in a less restrictive placement, and may return the juvenile to the Type 2 secured correctional facility without a hearing under sub. (1) (b). The child welfare agency shall establish a rate for each type of placement in the manner provided in s. 46.037.

Note: Corrects cross-reference to conform to the renumbering and amendment of s. 938.357 (1) by this bill.

AB934, s. 323 Section 323. 938.357 (4) (c) 2. of the statutes is amended to read:

AB934,129,20 938.357 (4) (c) 2. If a juvenile is placed in a Type 2 child caring institution under s. 938.34 (4d) and it appears that a less restrictive placement would be appropriate for the juvenile, the child welfare agency operating the Type 2 child caring institution shall notify the county department that has supervision over the juvenile and, if the county department agrees to a change in placement under this subdivision, the child welfare agency may place the juvenile in a less restrictive placement. A child welfare agency may also, with the agreement of the county department that has supervision over a juvenile who is placed in a less restrictive placement under this subdivision, return the juvenile to the Type 2 child caring institution without a hearing under sub. (1) (b). The child welfare agency shall establish a rate for each type of placement in the manner provided in s. 46.037.

Note: Corrects cross-reference to conform to the renumbering and amendment of s. 938.357 (1) by this bill.

AB934, s. 324 Section 324. 938.357 (4) (d) of the statutes is amended to read:

AB934,130,18 938.357 (4) (d) The department may transfer a juvenile who is placed in a Type 1 secured correctional facility to the Racine youthful offender correctional facility named in s. 302.01 if the juvenile is 15 years of age or over and the office of juvenile offender review in the department has determined that the conduct of the juvenile in the Type 1 secured correctional facility presents a serious problem to the juvenile or others. The factors that the office of juvenile offender review may consider in making that determination shall include, but are not limited to, whether and to what extent the juvenile's conduct in the Type 1 secured correctional facility is violent and disruptive, the security needs of the Type 1 secured correctional facility, and whether and to what extent the juvenile is refusing to cooperate or participate in the treatment programs provided for the juvenile in the Type 1 secured correctional facility. Notwithstanding sub. (1) (b), a juvenile is not entitled to a hearing regarding the department's exercise of authority under this paragraph unless the department provides for a hearing by rule. A juvenile may seek review of a decision of the department under this paragraph only by the common law writ of certiorari. If the department transfers a juvenile under this paragraph, the department shall send written notice of the transfer to the parent, guardian, legal custodian , and committing court.

Note: Corrects cross-reference to conform to the renumbering and amendment of s. 938.357 (1) by this bill.

AB934, s. 325 Section 325. 938.357 (5) (a) of the statutes is amended to read:

AB934,130,23 938.357 (5) (a) The department or a county department, whichever has been designated as a juvenile's aftercare provider under s. 938.34 (4n), may revoke the aftercare status of that juvenile. Revocation of aftercare supervision shall not require prior notice under sub. (1) (a).

Note: Corrects cross-reference to conform to the renumbering and amendment of s. 938.357 (1) by this bill.

AB934, s. 326 Section 326. 970.03 (12) (c) of the statutes is amended to read:

AB934,131,7 970.03 (12) (c) At any preliminary examination in Milwaukee county County, a latent fingerprint report of the city of Milwaukee police department bureau of identification division's latent fingerprint identification unit, certified as correct by the police chief or a person designated by the police chief, shall, when offered by the state or the accused, be received as evidence of the facts and findings stated, if relevant. The expert who made the findings need not be called as a witness.

Note: Conforms capitalization to current style.

AB934, s. 327 Section 327. 973.013 (3) of the statutes is amended to read: