SB44: Bill Text

SB44,1028,3 895.48 (1m) (intro.) Any physician or athletic trainer licensed under ch. 448, chiropractor licensed under ch. 446, dentist licensed under ch. 447, emergency medical technician licensed under s. 146.50, first responder certified under s. 146.50 (8), physician assistant licensed under ch. 448, registered nurse licensed under ch. 441, or a massage therapist or bodyworker issued a certificate under ch. 460 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) 66.0129 (6) (b), a private school, as defined in s. 115.001 (3r), a public agency, as defined in s. 46.93 (1m) (e) 46.856 (1) (b), 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:

SB44, s. 2726 Section 2726. 895.65 (2) of the statutes is amended to read:

SB44,1028,14 895.65 (2) An employee may bring an action in circuit court against his or her employer or employer's agent, including this state, if the employer or employer's agent retaliates, by engaging in a disciplinary action, against the employee because the employee exercised his or her rights under the first amendment to the U.S. constitution or article I, section 3, of the Wisconsin constitution by lawfully disclosing information or because the employer or employer's agent believes the employee so exercised his or her rights. The employee shall bring the action within 2 years after the action allegedly occurred or after the employee learned of the action, whichever occurs last. No employee may bring an action against the department of employment relations administration as an employer's agent.

SB44, s. 2727 Section 2727. 938.02 (15m) of the statutes is amended to read:

SB44,1028,22 938.02 (15m) "Secured correctional facility" means a correctional institution operated or contracted for by the department of corrections or operated by the department of health and family services for holding in secure custody persons adjudged delinquent. "Secured correctional facility" includes the Mendota juvenile treatment center under s. 46.057, the facility at which the juvenile boot camp program under s. 938.532 is operated and a facility authorized under s. 938.533 (3) (b), 938.538 (4) (b), or 938.539 (5).

SB44, s. 2728 Section 2728. 938.275 (2) (d) of the statutes is amended to read:

SB44,1029,6 938.275 (2) (d) Reimbursement payments shall be made to the clerk of courts of the county where the proceedings took place. Each payment shall be transmitted to the county treasurer, who shall deposit 25% of the amount paid for state-provided counsel in the county treasury and transmit the remainder to the state treasurer secretary of administration. Payments transmitted to the state treasurer secretary of administration shall be deposited in the general fund and credited to the appropriation account under s. 20.550 (1) (L). The county treasurer shall deposit 100% of the amount paid for county-provided counsel in the county treasury.

SB44, s. 2729 Section 2729. 938.34 (4n) (intro.) of the statutes is amended to read:

SB44,1029,14 938.34 (4n) Aftercare supervision. (intro.) Subject to s. 938.532 (3) and to any arrangement between the department and a county department regarding the provision of aftercare supervision for juveniles who have been released from a secured correctional facility, a secured child caring institution, or a secured group home, designate one of the following to provide aftercare supervision for the juvenile following the juvenile's release from the secured correctional facility, secured child caring institution, or secured group home:

SB44, s. 2730 Section 2730. 938.34 (8d) (b) of the statutes is amended to read:

SB44,1029,18 938.34 (8d) (b) The clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration under s. 59.25 (3) (f) 2.

SB44, s. 2731 Section 2731. 938.34 (8d) (c) of the statutes is amended to read:

SB44,1030,2 938.34 (8d) (c) If a juvenile placed in a secured correctional facility or a secured child caring institution fails to pay the surcharge under par. (a), the department shall assess and collect the amount owed from the juvenile's wages or other moneys. If a juvenile placed in a secured group home fails to pay the surcharge under par. (a), the county department shall assess and collect the amount owed from the juvenile's wages or other moneys. Any amount collected shall be transmitted to the state treasurer secretary of administration.

SB44, s. 2732 Section 2732. 938.532 of the statutes is repealed.

SB44, s. 2733 Section 2733. 938.538 (6m) (b) of the statutes is amended to read:

SB44,1030,15 938.538 (6m) (b) In the selection of classified service employees for a secured correctional facility authorized under 1993 Wisconsin Act 377, section 9108 (1) (a), the appointing authority shall make every effort to use the expanded certification program under s. 230.25 (1n) or rules of the administrator of the division of merit recruitment and selection in the department of employment relations administration to ensure that the percentage of employees who are minority group members approximates the percentage of the juveniles placed at that secured correctional facility who are minority group members. The administrator of the division of merit recruitment and selection in the department of employment relations administration shall provide guidelines for the administration of this selection procedure.

SB44, s. 2734 Section 2734. 940.09 (1) (bm) of the statutes is amended to read:

SB44,1030,19 940.09 (1) (bm) Causes the death of another by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1 0.08.

SB44, s. 2735 Section 2735. 940.09 (1) (e) of the statutes is amended to read:

SB44,1030,23 940.09 (1) (e) Causes the death of an unborn child by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1 0.08.

SB44, s. 2736 Section 2736. 940.25 (1) (bm) of the statutes is amended to read:

SB44,1031,3 940.25 (1) (bm) Causes great bodily harm to another human being by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1 0.08.

SB44, s. 2737 Section 2737. 940.25 (1) (e) of the statutes is amended to read:

SB44,1031,7 940.25 (1) (e) Causes great bodily harm to an unborn child by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1 0.08.

SB44, s. 2738 Section 2738. 945.06 of the statutes is amended to read:

SB44,1031,23 945.06 Public utilities to cease service. When any public utility, common carrier, contract carrier, or railroad, subject to the jurisdiction of the public service commission, office of the commissioner of railroads or department of transportation of this state, is notified in writing by a federal, state or local law enforcement agency, acting within its jurisdiction, that any facility furnished by it is being used or will be used for the purpose of transmitting or receiving gambling information in violation of the laws of this state it shall discontinue or refuse the leasing, furnishing or maintaining of such facility, after reasonable notice to the subscriber, but no damages, penalty or forfeiture, civil or criminal, shall be found against any such public utility, common carrier, contract carrier or railroad, for any act done in compliance with any notice received from a law enforcement agency under this section. Nothing in this section shall be deemed to prejudice the right of any person affected thereby to secure an appropriate determination as otherwise provided by law in any court or tribunal or agency, that such facility should not be discontinued or removed, or should be restored.

SB44, s. 2739 Section 2739. 949.02 of the statutes is amended to read:

SB44,1032,5 949.02 Administration. The department shall administer this chapter. The department shall appoint a program director to assist in administering this chapter. The department shall promulgate rules for the implementation and operation of this chapter. The rules shall include procedures to ensure that any limitation of an award under s. 949.06 (5) (e) is calculated in a fair and equitable manner.

SB44, s. 2740 Section 2740. 949.06 (5) of the statutes is repealed.

SB44, s. 2741 Section 2741. 949.08 (2) (em) of the statutes is amended to read:

SB44,1032,14 949.08 (2) (em) Is an adult passenger in the offender's commercial motor vehicle and the crime involved is specified in s. 346.63 (6) or 940.25 and the passenger knew the offender was under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog, or had an alcohol concentration of 0.04 or more but less than 0.1 0.08. This paragraph does not apply if the victim is also a victim of a crime specified in s. 940.30, 940.305, 940.31, or 948.30.

SB44, s. 2742 Section 2742. 949.15 (1) of the statutes is amended to read:

SB44,1033,2 949.15 (1) Whenever the department orders the payment of an award under this chapter as a result of the occurrence of an event that creates a cause of action on the part of a claimant against any person, the department is subrogated to the rights of the claimant and may bring an action against the person for the amount of the damages sustained by the claimant. If an amount greater than that paid under the award order is recovered and collected in any such action, the department shall pay the balance to the claimant. If the person responsible for the injury or death has previously made restitution payments to the general fund under s. 973.20 (9) (b), any judgment obtained by the department under this section shall be reduced by the amount of the restitution payments to the general fund that the person made under s. 973.20 (9) (b).

SB44, s. 2743 Section 2743. 961.01 (20g) of the statutes is amended to read:

SB44,1033,5 961.01 (20g) "Public housing project" means any housing project or development administered by a housing authority, as defined in s. 16.30 560.9801 (2).

SB44, s. 2744 Section 2744. 961.41 (5) (b) of the statutes is amended to read:

SB44,1033,10 961.41 (5) (b) The clerk of the court shall collect and transmit the amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2.

SB44, s. 2745 Section 2745. 961.41 (5) (c) of the statutes is amended to read:

SB44,1033,14 961.41 (5) (c) All moneys collected from drug surcharges shall be deposited by the state treasurer secretary of administration in and utilized in accordance with s. 20.435 (6) (gb).

SB44, s. 2746 Section 2746. 967.03 of the statutes is repealed.

SB44, s. 2747 Section 2747. 971.14 (2) (am) of the statutes is amended to read:

SB44,1034,6 971.14 (2) (am) Notwithstanding par. (a), if the court orders the defendant to be examined by the department or a department facility, the department shall determine where the examination will be conducted, who will conduct the examination and whether the examination will be conducted on an inpatient or outpatient basis. The department's responsibility for conducting examinations is limited to inpatient examinations and those outpatient examinations that are for defendants in custody in jail or in a locked unit of a facility. Any such outpatient examination shall be conducted in a jail or a locked unit of a facility. In any case under this paragraph in which the department determines that an inpatient examination is necessary, the 15-day period under par. (c) begins upon the arrival of the defendant at the inpatient facility. If an outpatient examination is begun by or through the department, and the department later determines that an inpatient examination is necessary, the sheriff shall transport the defendant to the inpatient facility designated by the department, unless the defendant has been released on bail.

SB44, s. 2748 Section 2748. 972.15 (2b) of the statutes is created to read:

SB44,1034,12 972.15 (2b) If the defendant is subject to being sentenced under s. 973.01 and he or she satisfies the criteria under s. 302.05 (3) (a) 1., the person preparing the presentence investigation report shall include in the report a recommendation as to whether the defendant should be eligible to participate in the earned release program under s. 302.05 (3).

SB44, s. 2749 Section 2749. 973.01 (3g) of the statutes is created to read:

SB44,1034,20 973.01 (3g) Earned release program eligibility. When imposing a bifurcated sentence under this section on a person convicted of a crime other than a crime specified in ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.055, 948.06, 948.07, 948.075, 948.08, or 948.095, the court shall, as part of the exercise of its sentencing discretion, decide whether the person being sentenced is eligible or ineligible to participate in the earned release program under s. 302.05 (3) during the term of confinement in prison portion of the bifurcated sentence.

SB44, s. 2750 Section 2750. 973.01 (4) of the statutes is amended to read:

SB44,1035,2 973.01 (4) No good time; extension or reduction of term of imprisonment. A person sentenced to a bifurcated sentence under sub. (1) shall serve the term of confinement in prison portion of the sentence without reduction for good behavior. The term of confinement in prison portion is subject to extension under s. 302.113 (3) and, if applicable, to reduction under s. 302.045 (3m), 302.05 (3) (c) 2. a., 302.113 (9g), or 973.195 (1r).

SB44, s. 2751 Section 2751. 973.01 (8) (ag) of the statutes is created to read:

SB44,1035,6 973.01 (8) (ag) If the court provides under sub. (3g) that the person is eligible to participate in the earned release program under s. 302.05 (3), the court shall also inform the person of the provisions of s. 302.05 (3) (c).

SB44, s. 2752 Section 2752. 973.015 of the statutes is amended to read:

SB44,1035,16 973.015 Misdemeanors, special disposition. (1) When a person is under the age of 21 at the time of the commission of an offense for which the person has been found guilty in a court for violation of a law for which the maximum penalty is imprisonment for one year or less in the county jail, the court may order at the time of sentencing that the record be expunged upon successful completion of the sentence if the court determines the person will benefit and society will not be harmed by this disposition. This subsection does not apply to information maintained by the department of transportation regarding a conviction that is required to be included in a record kept under s. 343.23 (2) (a).

SB44, s. 2753 Section 2753. 973.017 (title) of the statutes, as created by 2001 Wisconsin Act 109, is amended to read:

SB44,1035,20 973.017 (title) Bifurcated sentences; use Use of guidelines; consideration of aggravating and mitigating factors.

SB44, s. 2754 Section 2754. 973.017 (1) of the statutes, as created by 2001 Wisconsin Act 109, is renumbered 973.017 (1) (intro.) and amended to read:

SB44,1035,24 973.017 (1) Definition. (intro.) In this section, "sentencing decision" means the following:

SB44,1036,5 (a) With respect to a crime for which the court may impose a bifurcated sentence under s. 973.01, a decision as to whether to impose a bifurcated sentence under s. 973.01 or place a person on probation and a decision as to the length of a bifurcated sentence, including the length of each component of the bifurcated sentence, the amount of a fine, and the length of a term of probation.

SB44, s. 2755 Section 2755. 973.017 (1) (b) of the statutes is created to read:

SB44,1036,9 973.017 (1) (b) With respect to any other crime, a decision as to whether to impose a jail sentence or place a person on probation and a decision as to the length of a jail sentence, the amount of a fine, and the length of a term of probation.

SB44, s. 2756 Section 2756. 973.017 (2) (a) of the statutes, as created by 2001 Wisconsin Act 109, is renumbered 973.017 (2g) and amended to read:

SB44,1036,19 973.017 (2g) Use of advisory guidelines. If the offense is a felony When a court makes a sentencing decision concerning a person convicted of a felony committed on or after February 1, 2003, the court shall consider the sentencing guidelines adopted by the sentencing commission under s. 973.30 or, if the sentencing commission has not adopted a guideline for the offense, any applicable temporary sentencing guideline adopted by the criminal penalties study committee created under 1997 Wisconsin Act 283. This subsection does not apply if the sentencing commission has adopted mandatory sentencing guidelines for the felony under s. 973.31.

SB44, s. 2757 Section 2757. 973.017 (2r) of the statutes is created to read:

SB44,1037,2 973.017 (2r) Use of mandatory guidelines. If the sentencing commission has adopted mandatory sentencing guidelines for a crime under s. 973.31, the court, when making a sentencing decision concerning a person convicted of that crime, shall impose a sentence of the kind and within the range described in the applicable sentencing guideline unless the court finds that there is an aggravating or mitigating factor that warrants the imposition of a different kind of sentence or a sentence outside of the range described in the guideline.

SB44, s. 2758 Section 2758. 973.017 (10) of the statutes, as created by 2001 Wisconsin Act 109, is amended to read:

SB44,1037,13 973.017 (10) Use of advisory guidelines; no right to or basis for appeal. The requirement under sub. (2) (a) (2g) that a court consider sentencing guidelines adopted by the sentencing commission or the criminal penalties study committee does not require a court to make a sentencing decision that is within any range or consistent with a recommendation specified in the guidelines, and there is no right to appeal a court's sentencing decision based on the court's decision to depart in any way from any guideline. This subsection does not apply to a sentencing decision that is made in connection with a crime for which the sentencing commission has adopted mandatory sentencing guidelines under s. 973.31.

SB44, s. 2759 Section 2759. 973.045 (2) of the statutes is amended to read:

SB44,1037,18 973.045 (2) After the clerk determines the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration under s. 59.25 (3) (f) 2.

SB44, s. 2760 Section 2760. 973.045 (3) (a) (intro.) of the statutes is amended to read:

SB44,1037,24 973.045 (3) (a) (intro.) The clerk shall record the crime victim and witness surcharge in 2 parts. Part A is the portion that the state treasurer secretary of administration shall credit to the appropriation account under s. 20.455 (5) (g) and part B is the portion that the state treasurer secretary of administration shall credit to the appropriation account under s. 20.455 (5) (gc), as follows:

SB44, s. 2761 Section 2761. 973.045 (4) of the statutes is amended to read:

SB44,1038,5 973.045 (4) If an inmate in a state prison or a person sentenced to a state prison has not paid the crime victim and witness assistance surcharge under this section, the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the state treasurer secretary of administration.

SB44, s. 2762 Section 2762. 973.046 (2) of the statutes is amended to read:

SB44,1038,10 973.046 (2) After the clerk of court determines the amount due, the clerk shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration under s. 59.25 (3) (f) 2.

SB44, s. 2763 Section 2763. 973.046 (3) of the statutes is amended to read:

SB44,1038,14 973.046 (3) All moneys collected from deoxyribonucleic acid analysis surcharges shall be deposited by the state treasurer secretary of administration as specified in s. 20.455 (2) (Lm) and utilized under s. 165.77.

SB44, s. 2764 Section 2764. 973.046 (4) of the statutes is amended to read:

SB44,1038,20 973.046 (4) If an inmate in a state prison or a person sentenced to a state prison has not paid the deoxyribonucleic acid analysis surcharge under this section, the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the state treasurer secretary of administration.

SB44, s. 2765 Section 2765. 973.055 (2) (a) of the statutes is amended to read:

SB44,1039,2 973.055 (2) (a) If the assessment is imposed by a court of record, after the court determines the amount due, the clerk of the court shall collect and transmit the amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2.

SB44, s. 2766 Section 2766. 973.055 (2) (b) of the statutes is amended to read:

SB44,1039,8 973.055 (2) (b) If the assessment is imposed by a municipal court, after a determination by the court of the amount due, the court shall collect and transmit the amount to the treasurer of the county, city, town, or village, and that treasurer shall make payment to the state treasurer secretary of administration as provided in s. 66.0114 (1) (bm).

SB44, s. 2767 Section 2767. 973.055 (3) of the statutes is amended to read:

SB44,1039,12 973.055 (3) All moneys collected from domestic abuse assessments shall be deposited by the state treasurer secretary of administration in s. 20.435 (3) (hh) and utilized in accordance with s. 46.95.

SB44, s. 2768 Section 2768. 973.09 (3) (bm) 1. of the statutes is amended to read:

SB44,1039,17 973.09 (3) (bm) 1. At least 90 days before the expiration date of a probationer's period of probation, the department may notify the sentencing court and the district attorney that a probationer owes unpaid fees to the department under s. 304.073 or 304.074.

SB44, s. 2769 Section 2769. 973.09 (3) (bm) 3. of the statutes is amended to read:

SB44,1039,24 973.09 (3) (bm) 3. At a probation review hearing under subd. 2., the department has the burden of proving that the probationer owes unpaid fees under s. 304.073 or 304.074 and the amount of the unpaid fees. If the department proves by a preponderance of the evidence that the probationer owes unpaid fees under s. 304.073 or 304.074, the court may, by order, extend the period of probation for a stated period or modify the terms and conditions of probation.

SB44, s. 2770 Section 2770. 973.09 (3) (c) 1. of the statutes is amended to read:

SB44,1040,2 973.09 (3) (c) 1. The probationer has not made a good faith effort to discharge court-ordered payment obligations or to pay fees owed under s. 304.073 or 304.074.