Note: There is no conflict of substance. As merged by the revisor s. 813.12 (4) (a)
(intro.) reads:
(a) (intro.) A judge or circuit court commissioner may grant an injunction ordering
the respondent to refrain from committing acts of domestic abuse against the petitioner,
to avoid the petitioner's residence, except as provided in par. (am), or any other location
temporarily occupied by the petitioner or both, or to avoid contacting or causing any
person other than a party's attorney or a law enforcement officer to contact the petitioner
unless the petitioner consents to that contact in writing, or any combination of these
remedies requested in the petition, or any other appropriate remedy not inconsistent with
the remedies requested in the petition, if all of the following occur:
SB558, s. 86 3Section 86. The treatment of 813.12 (4) (a) 3. of the statutes by 2001 Wisconsin
4Act 61
is not repealed by 2001 Wisconsin Act 109. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor s. 813.12 (4) (a)
3. reads:
3. After hearing, the judge or circuit court commissioner finds reasonable grounds
to believe that the respondent has engaged in, or based upon prior conduct of the
petitioner and the respondent may engage in, domestic abuse of the petitioner.
SB558, s. 87 5Section 87. 813.12 (4) (aj) of the statutes, as affected by 2001 Wisconsin Act
661
, section 268, and 2001 Wisconsin Act 109, section 519ms, is amended to read:
SB558,32,27 813.12 (4) (aj) In determining whether to issue an injunction, the judge or
8circuit court commissioner shall consider the potential danger posed to the petitioner
9and the pattern of abusive conduct of the respondent but may not base his or her
10decision solely on the length of time since the last domestic abuse or the length of time
11since the relationship ended. The judge or circuit court commissioner may grant only
12the remedies requested by the petitioner. The judge or family circuit court
13commissioner may not dismiss or deny granting an injunction because of the

1existence of a pending action or of any other court order that bars contact between
2the parties, nor due to the necessity of verifying the terms of an existing court order.
Note: 2001 Wis. Act 61 replaced "family court commissioner" with "circuit court
commissioner" throughout the statutes.
SB558, s. 88 3Section 88. 813.125 (4) (a) (intro.) of the statutes is amended to read:
SB558,32,94 813.125 (4) (a) (intro.) A judge or circuit court commissioner may issue a
5temporary restraining order
grant an injunction ordering the respondent to cease or
6avoid the harassment of another person, to avoid the petitioner's residence, except
7as provided in par. (am), or any premises temporarily occupied by the petitioner or
8both, or any combination of these remedies requested in the petition, if all of the
9following occur:
Note: Corrects an error in transcribing 2001 Wis. Act 16.
SB558, s. 89 10Section 89. 938.34 (3) (b) of the statutes is amended to read:
SB558,32,1911 938.34 (3) (b) The home of a person who is not required to be licensed if
12placement is for less than 30 days, except that the court may not designate the name
13home of a person who is not required to be licensed as the juvenile's placement if the
14person has been convicted under s. 940.01 of the first-degree intentional homicide,
15or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the juvenile,
16and the conviction has not been reversed, set aside, or vacated, unless the court
17determines by clear and convincing evidence that the placement would be in the best
18interests of the juvenile. The court shall consider the wishes of the juvenile in
19making that determination.
Note: Replaces incorrect word inserted by 1999 Wis. Act 9, consistent with s.
938.34 (3) (a) and the parallel provisions in s. 48.345 (3) (a) and (b).
SB558, s. 90 20Section 90. 938.38 (5m) (b) of the statutes is amended to read:
SB558,33,7
1938.38 (5m) (b) Not less than 30 days before the date of the hearing, the court
2shall notify the juvenile; the juvenile's parent, guardian, and legal custodian; the
3juvenile's foster parent or treatment foster parent, the operator of the facility in
4which the juvenile is living, or the relative with whom the juvenile is living; the
5juvenile's counsel, and the juvenile's guardian ad litem; or the relative with whom
6the juvenile is living;
the agency that prepared the permanency plan; and the person
7representing the interests of the public of the date, time, and place of the hearing.
Note: Moves text incorrectly placed in 2001 Wis. Act 109, consistent with the
parallel provision in s. 48.38 (5m) (b), as created by section 102rm of Act 109.
SB558, s. 91 8Section 91. The treatment of 938.78 (3) of the statutes by 2001 Wisconsin Act
959
is not repealed by 2001 Wisconsin Act 109. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor s. 938.78 (3)
reads:
(3) If a juvenile adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or
found to be in need of protection or services under s. 48.13 (12), 1993 stats., or s. 48.13
(14), 1993 stats., or s. 938.13 (12) or (14) on the basis of a violation of s. 943.23 (1m) or (1r),
1999 stats., or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26,
941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10
(2) (a), 943.23 (1g), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60, 948.605,
or 948.61 or any crime specified in ch. 940 has escaped from a secured correctional facility,
residential care center for children and youth, secured group home, inpatient facility, as
defined in s. 51.01 (10), secure detention facility, or juvenile portion of a county jail, or
from the custody of a peace officer or a guard of such a facility, center, or jail, or has been
allowed to leave a secured correctional facility, residential care center for children and
youth, secured group home, inpatient facility, secure detention facility, or juvenile portion
of a county jail for a specified time period and is absent from the facility, center, home, or
jail for more than 12 hours after the expiration of the specified period, the department
or county department having supervision over the juvenile may release the juvenile's
name and any information about the juvenile that is necessary for the protection of the
public or to secure the juvenile's return to the facility, center, home, or jail. The
department of corrections shall promulgate rules establishing guidelines for the release
of the juvenile's name or information about the juvenile to the public.
SB558, s. 92 10Section 92. The treatment of 939.32 (1) (intro.) of the statutes by 2001
11Wisconsin Act 91
is not repealed by 2001 Wisconsin Act 109. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor s. 939.32 (1)
(intro.) reads:
(1) Generally. (intro.) Whoever attempts to commit a felony or a crime specified
in s. 940.19, 940.195, 943.20, or 943.74 may be fined or imprisoned or both as provided
under sub. (1g), except:
SB558, s. 93
1Section 93. 941.291 (1) (b) of the statutes is amended to read:
SB558,34,92 941.291 (1) (b) "Violent felony" means any felony, or the solicitation, conspiracy,
3or attempt to commit any felony, under s. 943.23 (1m) or (1r), 1999 stats., or s. 940.01,
4940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.20,
5940.201, 940.203, 940.21, 940.225, 940.23, 940.285 (2), 940.29, 940.295 (3), 940.30,
6940.305, 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20, 941.26, 941.28, 941.29,
7941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.04, 943.06, 943.10 (2),
8943.23 (1g), (1m), or (1r), 943.32, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03,
9948.04, 948.05, 948.06, 948.07, 948.08, or 948.30.
Note: 2001 Wis. Act 109 repealed s. 943.23 (1m) and (1r).
SB558, s. 94 10Section 94. 943.76 (1) (a) of the statutes is amended to read:
SB558,34,1311 943.76 (1) (a) "Livestock" means cattle, horses, swine, sheep, goats,
12farm-raised deer, as defined in s. 95.001 (1) (a) (ag), poultry, and other animals used
13or to be used in the production of food, fiber, or other commercial products.
Note: Inserts the correct cross-reference. 2001 Wis. Act 56 renumbered s. 95.001
(1) (a) to s. 95.001 (1) (ag).
SB558, s. 95 14Section 95. 943.76 (1) (c) of the statutes is amended to read:
SB558,34,1715 943.76 (1) (c) "Reckless conduct" means conduct which that creates a
16substantial risk of an animal's death or a substantial risk of bodily harm to an animal
17if the actor is aware of that risk.
Note: Replaces "which" with "that" to correct grammar.
SB558, s. 96 18Section 96. The treatment of 946.82 (4) of the statutes by 2001 Wisconsin Act
19105
is not repealed by 2001 Wisconsin Act 109. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor s. 946.82 (4)
reads:
(4) "Racketeering activity" means any activity specified in 18 USC 1961 (1) in
effect as of April 27, 1982 or the attempt, conspiracy to commit, or commission of any of
the felonies specified in: chs. 945 and 961 and ss. 49.49, 134.05, 139.44 (1), 180.0129,
181.0129, 185.825, 201.09 (2), 215.12, 221.0625, 221.0636, 221.0637, 221.1004, 551.41,

551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (4) to (6), 940.20,
940.201, 940.203, 940.21, 940.30, 940.305, 940.31, 941.20 (2) and (3), 941.26, 941.28,
941.298, 941.31, 941.32, 942.09, 943.01 (2), (2d), or (2g), 943.011, 943.012, 943.013,
943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (bf) to (e), 943.201, 943.23 (1g),
(2) and (3), 943.24 (2), 943.25, 943.27, 943.28, 943.30, 943.32, 943.34 (1) (bf), (bm), and
(c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (bf), (bm), and (c), 943.60,
943.70, 943.76, 944.21 (5) (c) and (e), 944.32, 944.33 (2), 944.34, 945.03 (1m), 945.04 (1m),
945.05 (1), 945.08, 946.10, 946.11, 946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49,
946.61, 946.64, 946.65, 946.72, 946.76, 947.015, 948.05, 948.08, 948.12, and 948.30.
SB558, s. 97 1Section 97. 948.075 (1) of the statutes, as affected by 2001 Wisconsin Act 109,
2section 904n, is amended to read:
SB558,35,73 948.075 (1) Whoever uses a computerized communication system to
4communicate with an individual who the actor believes or has reason to believe has
5not attained the age of 16 years with intent to have sexual contact or sexual
6intercourse with the individual in violation of s. 948.02 (1) or (2) is guilty of a Class
7D felony.
Note: Inserts missing word.
SB558, s. 98 8Section 98. The treatment of 948.13 (1) (a) of the statutes by 2001 Wisconsin
9Act 97
is not repealed by 2001 Wisconsin Act 109. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor s. 948.13 (1) (a)
reads:
(a) A crime under s. 940.22 (2) or 940.225 (2) (c) or (cm), if the victim is under 18
years of age at the time of the offense, or a crime under s. 948.02 (1) or (2), 948.025 (1),
948.05 (1) or (1m), 948.06, 948.07 (1), (2), (3), or (4), or 948.075.
SB558, s. 99 10Section 99. The treatment of 948.13 (2) (a) of the statutes by 2001 Wisconsin
11Act 97
is not repealed by 2001 Wisconsin Act 109. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor s. 948.13 (2) (a)
reads:
(a) Except as provided in pars. (b) and (c), whoever has been convicted of a serious
child sex offense and subsequently engages in an occupation or participates in a volunteer
position that requires him or her to work or interact primarily and directly with children
under 16 years of age is guilty of a Class F felony.
SB558, s. 100 12Section 100. 948.22 (7) (b) (intro.) of the statutes is amended to read:
SB558,36,3
1948.22 (7) (b) (intro.) In addition to or instead of imposing a penalty authorized
2for a Class E I felony or a Class A misdemeanor, whichever is appropriate, the court
3shall:
Note: 2001 Wis. Act 109 changed the classification of violation of s. 948.22 (2) from
a Class E felony to a Class I felony without changing the corresponding reference in s.
948.22 (7).
SB558, s. 101 4Section 101. 973.017 (4) (a) 4. (intro.) of the statutes, as created by 2001
5Wisconsin Act 109
, is amended to read:
SB558,36,86 973.017 (4) (a) 4. (intro.) "Significantly exposed" means sustaining a contact
7which that carries a potential for transmission of a sexually transmitted disease or
8HIV by one or more of the following:
Note: Replaces "which" with "that" to correct grammar.
SB558, s. 102 9Section 102. The treatment of 973.034 of the statutes by 2001 Wisconsin Act
1097
is not repealed by 2001 Wisconsin Act 109. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor s. 973.034 reads:
973.034 Sentencing; restriction on child sex offender working with
children.
Whenever a court imposes a sentence or places a defendant on probation
regarding a conviction under s. 940.22 (2) or 940.225 (2) (c) or (cm), if the victim is under
18 years of age at the time of the offense, or a conviction under s. 948.02 (1) or (2), 948.025
(1), 948.05 (1) or (1m), 948.06, 948.07 (1), (2), (3), or (4), or 948.075, the court shall inform
the defendant of the requirements and penalties under s. 948.13.
SB558, s. 103 11Section 103. 973.20 (1r) of the statutes is amended to read:
SB558,37,1312 973.20 (1r) When imposing sentence or ordering probation for any crime, other
13than a crime involving conduct that constitutes domestic abuse under s. 813.12 (1)
14(a) (am) or 968.075 (1) (a), for which the defendant was convicted, the court, in
15addition to any other penalty authorized by law, shall order the defendant to make
16full or partial restitution under this section to any victim of a crime considered at
17sentencing or, if the victim is deceased, to his or her estate, unless the court finds
18substantial reason not to do so and states the reason on the record. When imposing
19sentence or ordering probation for a crime involving conduct that constitutes

1domestic abuse under s. 813.12 (1) (a) (am) or 968.075 (1) (a) for which the defendant
2was convicted or that was considered at sentencing, the court, in addition to any
3other penalty authorized by law, shall order the defendant to make full or partial
4restitution under this section to any victim of a crime or, if the victim is deceased, to
5his or her estate, unless the court finds that imposing full or partial restitution will
6create an undue hardship on the defendant or victim and describes the undue
7hardship on the record. Restitution ordered under this section is a condition of
8probation, extended supervision, or parole served by the defendant for a crime for
9which the defendant was convicted. After the termination of probation, extended
10supervision, or parole, or if the defendant is not placed on probation, extended
11supervision, or parole, restitution ordered under this section is enforceable in the
12same manner as a judgment in a civil action by the victim named in the order to
13receive restitution or enforced under ch. 785.
Note: Inserts correct cross-reference. 2001 Wis. Act 109 renumbered s. 813.12 (1)
(a) to s. 813.12 (1) (am).
SB558, s. 104 14Section 104. 973.30 (1) (d) of the statutes is amended to read:
SB558,37,1715 973.30 (1) (d) Provide information to the legislature, state agencies, and the
16public regarding the costs to and other needs of the department which that result
17from sentencing practices.
Note: Replaces "which" with "that" to correct grammar.
SB558, s. 105 18Section 105. 2001 Wisconsin Act 16, section 2245d is amended by replacing
19"facilities, schools and hospitals" with "facilities, schools, and hospitals".
Note: The comma following "schools" was inserted into s. 77.52 (2) (a) 10. by 2001
Wisconsin Act 16
, section 2245, but was not included in the treatment of the same
provision by section 2245d.
SB558, s. 106 20Section 106. 2001 Wisconsin Act 52, section 13 (1) is amended to read:
SB558,38,8
1[2001 Wisconsin Act 52] Section 13 (1) Using the procedure under section
2227.24 of the statutes, the board of nursing may promulgate the rules required under
3section 441.15 (5) (b) (bm) of the statutes, as created by this act, for the period before
4permanent rules become effective, but not to exceed the period authorized under
5section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a)
6and (2) (b) of the statutes, the board of nursing need not provide evidence of the
7necessity of preservation of the public peace, health, safety, or welfare in
8promulgating rules under this subsection.
Note: Inserts correct cross-reference. There is no s. 441.15 (5) (b).
SB558, s. 107 9Section 107 . 2001 Wisconsin Act 70, section 2 is repealed.
Note: This section is replaced by the creation of s. 48.981 (2) (a) 22m. in Section
26 of this bill. See also the note under Section 26 of this bill.
SB558, s. 108 10Section 108. 2001 Wisconsin Act 75, section 7 is amended by replacing "134.66
11(5) A county, town, village" with "134.66 (5) Local ordinance. A county, town,
12village"
Note: The title to 134.66 (5) was not shown in the treatment by 2001 Wis. Act 75,
section 7. The deletion was not intended.
SB558, s. 109 13Section 109. 2001 Wisconsin Act 102, section 29 is amended by replacing
14"property in this state shall be" with "property in this state shall be a".
Note: The word "a" was deleted from s. 71.80 (12) (a) 1. without striking. The
deletion was intended.
SB558, s. 110 15Section 110. 2001 Wisconsin Act 103, section 115 is amended by replacing "by
16gift, purchase, or condemnation" with "by gift, purchase, or condemnation".
Note: The underscored comma was inserted into s. 48.358 (2) without being
underscored. The insertion was intended.
SB558, s. 111 17Section 111. 2001 Wisconsin Act 103, section 261 is amended by replacing
18"committed within the county" with "committed within that the county".
Note: In s. 302.02 (1m) (h), the underscored "the" was inserted without being
underscored and the stricken "that" was deleted without being shown as stricken. The
insertion and deletion were intended.
SB558, s. 112
1Section 112. 2001 Wisconsin Act 103, section 265 is amended by replacing
2"Panama, Somalia, or a Middle East crisis" with "Panama, Somalia , or a Middle East
3crisis".
Note: The underscored comma was inserted into s. 341.14 (6) (a) without being
underscored. The insertion was intended.
SB558, s. 113 4Section 113. 2001 Wisconsin Act 104, section 70 is amended by replacing
5"facilities, schools and hospitals" with "facilities, schools, and hospitals".
Note: The comma following "schools" was inserted into s. 77.52 (2) (a) 10. by 2001
Wisconsin Act 16
, section 2245, but was not included in the treatment of the same
provision by section 2245d of that act. 2001 Wis. Act 104, section 70, amended s. 77.52
(2) (a) 10. by 2001 Wisconsin Act 16, section 2245d. This bill corrects the treatment by
Act 16 section 2245d to include the comma. This section confirms that the comma is
retained.
SB558, s. 114 6Section 114. 2001 Wisconsin Act 107, section 44 is amended by replacing "be
7be filled out
" with "be filled out".
Note: The word "be" was incorrectly repeated in stricken text in s. 93.07 (21).
SB558, s. 115 8Section 115. 2001 Wisconsin Act 107, section 58 is amended by replacing "the
9organization's current and future
" with "the organization's current and future".
Note: The word "the" was incorrectly underscored in s. 132.16 (2). It was
preexisting.
SB558, s. 116 10Section 116. 2001 Wisconsin Act 107, section 82 is amended by replacing "(a)
11Proof of compliance" with "(a) Proof of compliance".
Note: "Proof" was inserted into s. 445.08 (4) (a) by 2001 Wis. Act 107 without being
underscored. The insertion was intended.
SB558, s. 117 12Section 117. 2001 Wisconsin Act 109, section 1uen is amended by replacing
13"subs. (1), (1m), (2), (2m), (9), (9m), and (10)" with "subs. (1), (1m), (2), (2m), (9), (9m),
14and (10)".
Note: The comma following "(2m)" was inserted into s. 11.26 (17) (a) without being
underscored. The insertion was intended.
SB558, s. 118 15Section 118. 2001 Wisconsin Act 109, section 1uet is amended by replacing "or
16s. 11.50 (2) (i)" with "or s. 11.50 (2) (i)".

Note: Confirms that "or" was preexisting language in s. 11.31 (2) and was not
added by 2001 Wis. Act 109, section 1uet.
SB558, s. 119 1Section 119. 2001 Wisconsin Act 109, section 102em is amended by replacing
2"hearing relating to the child" with "hearing, relating to the child".
Loading...
Loading...