SB564: Bill Text

Note: Makes reference more specific and provides consistency between s. 814.86 (1) and (1m).

SB564, s. 127 Section 127. The treatment of 814.635 (1m) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 139. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 814.86 (1m), as renumbered from s. 814.635 (1m) by 2003 Wis. Act 139, reads:

(1m) Beginning on October 1, 1995, whenever the clerk of circuit court for Milwaukee County charges and collects a surcharge under sub. (1), he or she shall also charge and collect a $3.50 special prosecution clerks surcharge. The special prosecution clerks surcharge is in addition to the surcharge listed in sub. (1).

SB564, s. 128 Section 128. 881.01 (1) (b) of the statutes, as affected by 2003 Wisconsin Act .... (Senate Bill 492), is amended to read:

SB564,40,11 881.01 (1) (b) "Fiduciary" means a personal representative, trustee, conservator, or guardian of the estate.

Note: Inserts missing article.

SB564, s. 129 Section 129. 938.299 (6) (c) of the statutes is amended to read:

SB564,40,16 938.299 (6) (c) The court having jurisdiction over actions affecting the family shall give priority under s. 767.475 (7m) to an action brought under s. 767.45 whenever the petition filed under s. 767.45 indicates that the matter was referred by the court under par. (a).

Note: Inserts missing "s."

SB564, s. 130 Section 130. 939.74 (2) (c) of the statutes, as affected by 2003 Wisconsin Act .... (Senate Bill 207), is amended to read:

SB564,41,4 939.74 (2) (c) A prosecution for violation of s. 948.02, 948.025, 948.03 (2) (a), 948.05, 948.06, 948.07 (1), (2), (3), or (4), 948.075, 948.08, or 948.095 shall be commenced before the victim reaches the age of 45 years or be barred, except as provided in sub. (2d) (c).

Note: 2003 Wis. Act (SB 207) deleted the underscored text without showing it as stricken. No change was intended.

SB564, s. 131 Section 131. 949.08 (2) (em) of the statutes, as affected by 2003 Wisconsin Acts 30 and 97, is amended to read:

SB564,41,11 949.08 (2) (em) Is an adult passenger in the offender's commercial motor vehicle, the crime involved is specified in s. 346.63 (6) or 940.25, and the passenger knew the offender was 0.08 committing that offense. 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.

Note: The stricken language was inserted by 2003 Wis. Act 30 but rendered superfluous by 2003 Wis. Act 97.

SB564, s. 132 Section 132. The treatment of 973.055 (2) (a) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 139. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04, s. 973.055 (2) (a) reads:

(a) If the surcharge 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 secretary of administration as provided in s. 59.25 (3) (f) 2.

SB564, s. 133 Section 133. The treatment of 973.055 (2) (b) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 139. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04, s. 973.055 (2) (b) reads:

(b) If the surcharge 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 secretary of administration as provided in s. 66.0114 (1) (bm).

SB564, s. 134 Section 134. 974.02 (1) of the statutes is amended to read:

SB564,42,9 974.02 (1) A motion for postconviction relief other than under s. 974.06 or 974.07 (2) by the defendant in a criminal case shall be made in the time and manner provided in ss. s. 809.30 and 809.40. An appeal by the defendant in a criminal case from a judgment of conviction or from an order denying a postconviction motion or from both shall be taken in the time and manner provided in ss. 808.04 (3), and 809.30 and 809.40. An appeal of an order or judgment on habeas corpus remanding to custody a prisoner committed for trial under s. 970.03 shall be taken under ss. 808.03 (2) and 809.50, with notice to the attorney general and the district attorney and opportunity for them to be heard.

Note: Corrects cross-references. Prior to the adoption of Sup. Ct. Order No. 02-01, appeals of misdemeanors were made under s. 809.40 (1) and of felonies under s. 809.30. Sup. Ct. Order No. 02-01 repealed s. 809.40 (1) and amended s. 809.30 to apply to all criminal cases but did not treat cross-references to s. 809.40.

SB564, s. 135 Section 135. 2003 Wisconsin Act 97, section 77 is amended by replacing "939.75 (2) (b) of the statutes is amended to read:" with "939.75 (2) (b) (intro.) of the statutes is amended to read:".

Note: Only s. 939.75 (2) (b) (intro.) was affected by 2003 Wis Act 97.

SB564, s. 136 Section 136. 2003 Wisconsin Act 97, section 78 is amended by replacing "939.75 (3) (intro) of the statutes is amended to read:" with "939.75 (3) of the statutes is amended to read:".

Note: Section 939.75 (3) is not subdivided.

SB564, s. 137 Section 137. 2003 Wisconsin Act 118, section 16 is amended by replacing "bridges, arches, or culverts" with "bridges, arches, or culverts".

Note: The comma following "bridges" was preexisting.

SB564, s. 138 Section 138. 2003 Wisconsin Act 118, section 55 is amended by replacing "30.12 (1m) (c) (intro.)" with "30.12 (1m) (intro.)" in 2 places.

Note: Section 55 of 2003 Wis. Act 118 states " 30.12 (4m) of the statutes is renumbered 30.12 (1m), and 30.12 (1m) (c) (intro.), as renumbered, is amended," but the renumbering does not result in there being a 30.12 (1m) (c) (intro.), and the text shown is that of the former 30.12 (4m) (intro.), which after renumbering 30.12 (4m) to 30.12 (1m) is 30.12 (1m) (intro.).

SB564, s. 139 Section 139. 2003 Wisconsin Act 135, section 6 is amended by replacing "s. 71.28 (1), (3), (4), and (5)" with "s. 71.28 (1), (3), (4), and (5)".

Note: The underscored "and" was preexisting text.

SB564, s. 140 Section 140. 2003 Wisconsin Act .... (Assembly Bill 323), section 30 is amended by replacing "March 31 and before the expiration date" with "March 31 before the expiration date and".

Note: The stricken "and" was shown in the wrong location.

SB564, s. 141 Section 141. 2003 Wisconsin Act 129, section 2 is amended by replacing "20.866 (2) (z) (intro.) of the statutes is amended to read:" with "20.866 (2) (z) (intro.) of the statutes, as affected by 2003 Wisconsin Act 33, is amended to read:".

Note: The text of s. 20.866 (2) (z) (intro.) cited in the treatment by 2003 Wisconsin Act 129, section 2, was shown as affected by 2003 Wisconsin Act 33.

SB564, s. 142 Section 142. 2003 Wisconsin Act .... (Senate Bill 380), section 4 is amended by replacing "of foreign corporations and debt of foreign governments" with "of foreign corporations and debt of foreign governments,".

Note: A comma was deleted without being shown as stricken. The change was intended.

SB564, s. 143 Section 143. 2003 Wisconsin Act .... (Senate Bill 218), section 25m is amended by replacing "180.1302 (1) of the statutes is amended to read:" with "180.1302 (1) (intro.) of the statutes is amended to read:".

Note: 2003 Wis. Act (SB 218), section 25m affects only the (intro.) provision of s. 180.1302 (1).

SB564, s. 144 Section 144. 2003 Wisconsin Act .... (Assembly Bill 402), section 4 is amended by replacing "to sub. subs. (3), and (4), venue" with "to sub. subs. (3) and (4), venue".

Note: The stricken comma was not preexisting.

SB564, s. 145 Section 145. 2003 Wisconsin Act .... (Senate Bill 60), section 1 is amended by replacing "buildings," with "buildings,".

Note: a comma was inserted without being underscored. The change was intended.

SB564, s. 146 Section 146. Effective dates. This act takes effect on the day after publication, except as follows:

SB564,44,5 (1) The treatment of sections 23.85, 29.987 (1) (d), 59.25 (3) (k), 59.40 (2) (m), 71.08 (1) (intro.), 71.26 (2) (a), 71.34 (1) (g), 71.45 (2) (a) 10., and 167.31 (5) (d) of the statutes takes effect on July 1, 2004.

SB564,44,7 (2) The treatment of sections 66.1105 (4m) (b) 4. and (8) (c) (intro.) and 440.994 (3) (form) of the statutes takes effect on October 1, 2004.

SB564,44,10 (3) The treatment of sections 703.165 (2) and 703.19 (8) of the statutes takes effect on the first day of the 7th month beginning after publication of 2003 Wisconsin Act .... (Assembly Bill 254).

SB564,44,12 (4) The treatment of section 343.12 (6) (a) of the statutes takes effect on the 10th month beginning after publication of 2003 Wisconsin Act .... (Senate Bill 350).

SB564,44,13 (End)