SB492: Bill Text

Note: This bill renumbers s. 895.48 (2) to be a separate section, s. 895.4802, because the subject matter, actions regarding hazardous materials emergencies, does not relate to emergency medical care, the subject of s. 895.48 after treatment by this bill.

SB492, s. 46 Section 46. 895.48 (3) of the statutes is renumbered 895.4803.

Note: This bill renumbers s. 895.48 (3) to be a separate section, s. 895.4803, because the subject matter, distributing information to new parents about paternity, does not relate to emergency medical care, the subject of s. 895.48 after treatment by this bill.

SB492, s. 47 Section 47. 895.4802 (title) of the statutes is created to read:

SB492,15,3 895.4802 (title) Civil liability exemption; hazardous materials.

Note: This bill renumbers s. 895.48 (2) to be a separate section, s. 895.4802, because the subject matter, actions regarding hazardous materials emergencies, does not relate to emergency medical care, the subject of s. 895.48 after treatment by this bill.

SB492, s. 48 Section 48. 895.4803 (title) of the statutes is created to read:

SB492,15,6 895.4803 (title) Civil liability exemption; information concerning paternity.

Note: This bill renumbers s. 895.48 (3) to be a separate section, s. 895.4803, because the subject matter, distributing information to new parents about paternity, does not relate to emergency medical care, the subject of s. 895.48 after treatment by this bill.

SB492, s. 49 Section 49. 895.49 of the statutes is renumbered 895.447.

Note: Moves s. 895.49, Certain agreements to limit or eliminate tort liability void, so that it is not located in Subchapter II, Exemptions From Liability, and is located in Subchapter I, Damages, Recovery, And Miscellaneous Provisions Regarding Actions In Courts.

SB492, s. 50 Section 50. 895.495 of the statutes is renumbered 895.448.

Note: Moves s. 895.495, Safety devices on farm equipment, ordinary negligence, so that it is not located in Subchapter II, Exemptions From Liability, and is located in Subchapter I, Damages, Recovery, And Miscellaneous Provisions Regarding Actions In Courts.

SB492, s. 51 Section 51. 895.50 of the statutes is renumbered 995.50.

Note: Moves s. 895.50, Right of privacy, to new Chapter 995, Miscellaneous Statutes.

SB492, s. 52 Section 52. 895.505 of the statutes is renumbered 134.97.

Note: Moves s. 895.505, Disposal of records containing personal information, which is applicable to financial institutions, medical businesses, and tax preparation businesses, to Chapter 134, Miscellaneous Trade Regulations, for more logical placement.

SB492, s. 53 Section 53. 895.51 (title) of the statutes is amended to read:

SB492,15,13 895.51 (title) Liability Civil liability exemption: food donation, sale or distribution.

Note: Conforms title to other section titles within Subchapter II of Chapter 895, consistent with the subject matter of the section.

SB492, s. 54 Section 54. 895.515 (title) of the statutes is amended to read:

SB492,16,3 895.515 (title) Liability Civil liability exemption; equipment or technology donation.

Note: Conforms title to other section titles within Subchapter II of Chapter 895, consistent with the subject matter of the section.

SB492, s. 55 Section 55. 895.517 (title) of the statutes is amended to read:

SB492,16,6 895.517 (title) Liability Civil liability exemption: solid waste donation or sale.

Note: Conforms title to other section titles within Subchapter II of Chapter 895, consistent with the subject matter of the section.

SB492, s. 56 Section 56 . 895.525 (title) of the statutes is amended to read:

SB492,16,9 895.525 (title) Participation in recreational activities; restrictions on civil liability, assumption of risk.

Note: Makes title more specific to clarify the applicability of the statute.

SB492, s. 57 Section 57 . 895.527 (title) of the statutes is amended to read:

SB492,16,12 895.527 (title) Sport shooting range activities; limitations on liability and restrictions on operation.

Note: Makes title more specific to clarify the applicability of the statute.

SB492, s. 58 Section 58. 895.53 (title) of the statutes is amended to read:

SB492,16,15 895.53 (title) Liability Civil and criminal liability exemption; tests for intoxication.

Note: Conforms title to other section titles within Subchapter II of Chapter 895, consistent with the subject matter of the section.

SB492, s. 59 Section 59. 895.555 (title) of the statutes is amended to read:

SB492,16,17 895.555 (title) Liability Civil liability exemption; anhydrous ammonia.

Note: Conforms title to other section titles within Subchapter II of Chapter 895, consistent with the subject matter of the section.

SB492, s. 60 Section 60 . 895.65 of the statutes is renumbered 230.90.

Note: Moves s. 895.65, Government employer retaliation prohibited, which prohibits government employers from retaliating, by engaging in disciplinary action, against employees lawfully disclosing information, to ch. 230, State Employment Relations, for more logical placement.

SB492, s. 61 Section 61. 895.67 of the statutes is renumbered 995.67.

Note: Moves s. 895.67, Domestic abuse services; prohibited disclosures, to new Chapter 995, Miscellaneous Statutes.

SB492, s. 62 Section 62. 895.70 of the statutes is renumbered 895.441, and 895.441 (title), as renumbered, is amended to read:

SB492,17,4 895.441 (title) Sexual exploitation by a therapist; action for.

Note: Moves s. 895.70, Sexual exploitation by a therapist, which provides a cause of action, so that it is not located in Subchapter II, Exemptions From Liability, and is located in Subchapter I, Damages, Recovery, and Miscellaneous Provisions Regarding Actions in Courts. Makes title more specific to clarify the applicability of the statute.

SB492, s. 63 Section 63. 895.71 of the statutes is renumbered 895.442, and 895.442 (title) and (5), as renumbered, are amended to read:

SB492,17,7 895.442 (title) Sexual exploitation by a member of the clergy; action for.

SB492,17,13 (5) Silence agreements. Any contract or agreement concerning the settlement of any claim under this section that limits or eliminates the right of the injured person to disclose the sexual contact described under sub. (2) to another member of the religious organization to which the member of the clergy under sub. (2) belongs, to a therapist, as defined in s. 895.70 895.441 (1) (e), to a person listed under s. 48.981 (2) (a), or to a district attorney, is void.

Note: Moves s. 895.71, Sexual exploitation by a member of the clergy, which provides a cause of action, so that it is not located in Subchapter II, Exemptions From Liability, and is located in Subchapter I, Damages, Recovery, and Miscellaneous Provisions Regarding Actions in Courts. Makes title more specific to clarify the applicability of the statute. Section 895.70 is renumbered s. 895.441 by this bill.

SB492, s. 64 Section 64. 895.73 of the statutes is renumbered 895.45, and 895.45 (title), as renumbered, is amended to read:

SB492,17,17 895.45 (title) Service representatives for adult abusive conduct complainants.

Note: Moves s. 895.73, Service representatives, which allows adult abuse victims appearing in court to have a service representative present, so that it is not located in Subchapter II, Exemptions From Liability, and is located in Subchapter I, Damages, Recovery, and Miscellaneous Provisions Regarding Actions in Courts. Makes title more specific to clarify the applicability of the statute.

SB492, s. 65 Section 65. 895.75 of the statutes is renumbered 895.443, and 895.443 (title), as renumbered, is amended to read:

SB492,18,4 895.443 (title) Physical injury, emotional distress, loss or damage suffered by members of certain groups; action for.

Note: Moves s. 895.75, Physical injury, emotional distress, loss or damage suffered by members of certain groups, which allows for recovery for emotional damages in certain actions, so that it is not located in Subchapter II, Exemptions From Liability, and is located in Subchapter I, Damages, Recovery, and Miscellaneous Provisions Regarding Actions in Courts. Makes title more specific to clarify the applicability of the statute.

SB492, s. 66 Section 66. 895.76 of the statutes is renumbered 895.455.

Note: Moves s. 895.76, Limits on recovery by prisoners, so that it is not located in Subchapter II, Exemptions From Liability, and is located in Subchapter I, Damages, Recovery, and Miscellaneous Provisions Regarding Actions in Courts.

SB492, s. 67 Section 67. 895.77 of the statutes is renumbered 895.444, and 895.444 (title), as renumbered, is amended to read:

SB492,18,8 895.444 (title) Injury caused by criminal gang activity; action for.

Note: Moves s. 895.77, Injury caused by criminal gang activity, which creates a cause of action, so that it is not located in Subchapter II, Exemptions From Liability, and is located in Subchapter I, Damages, Recovery, and Miscellaneous Provisions Regarding Actions in Courts. Makes title more specific to clarify the applicability of the statute.

SB492, s. 68 Section 68. 895.78 of the statutes is renumbered 895.457.

Note: Moves s. 895.78, Limiting felon's right to damages, so that it is not located in Subchapter II, Exemptions From Liability, and is located in Subchapter I, Damages, Recovery, and Miscellaneous Provisions Regarding Actions in Courts.

SB492, s. 69 Section 69. 895.79 of the statutes is renumbered 895.445, and 895.445 (title), as renumbered, is amended to read:

SB492,18,12 895.445 (title) Damage to certain machines ; action for.

Note: Moves s. 895.79, Damage to certain machines, which creates a cause of action, so that it is not located in Subchapter II, Exemptions From Liability, and is located in Subchapter I, Damages, Recovery, and Miscellaneous Provisions Regarding Actions in Courts. Makes title more specific to clarify the applicability of the statute.

SB492, s. 70 Section 70. 895.80 of the statutes is renumbered 895.446, and 895.446 (title), as renumbered, is amended to read:

SB492,19,3 895.446 (title) Property damage or loss caused by crime; action for.

Note: Moves s. 895.80, Property damage or loss, which creates a cause of action, so that it is not located in Subchapter II, Exemptions From Liability, and is located in Subchapter I, Damages, Recovery, and Miscellaneous Provisions Regarding Actions in Courts. Makes title more specific to clarify the applicability of the statute.

SB492, s. 71 Section 71. 895.85 of the statutes is renumbered 895.043.

Note: Moves s. 895.85, Punitive damages, so it is not located in Subchapter II, Exemptions From Liability and is located in Subchapter I, Damages, Recovery, and Miscellaneous Provisions Regarding Actions in Courts.

SB492, s. 72 Section 72. 938.346 (1) (h) 1. of the statutes is amended to read:

SB492,19,7 938.346 (1) (h) 1. The right to be accompanied by a service representative, as provided under s. 895.73 895.45.

Note: Section 895.73 is renumbered s. 895.45 by this bill.

SB492, s. 73 Section 73. 950.04 (1v) (c) of the statutes is amended to read:

SB492,19,10 950.04 (1v) (c) To be accompanied by a service representative, as provided under s. 895.73 895.45.

Note: Section 895.73 is renumbered s. 895.45 by this bill.

SB492, s. 74 Section 74. 970.03 (4) (a) of the statutes is amended to read:

SB492,20,2 970.03 (4) (a) If the defendant is accused of a crime under s. 940.225, 948.02, 948.025, 948.05, 948.06, or 948.095, the court may exclude from the hearing all persons who are not officers of the court, members of the complainant's or defendant's families, or others considered by the court to be supportive of the complainant or defendant, the service representative, as defined in s. 895.73 895.45 (1) (c), or other persons required to attend, if the court finds that the state or the defendant has established a compelling interest that would likely be prejudiced if the persons were not excluded. The court may consider as a compelling interest, among others, the need to protect a complainant from undue embarrassment and emotional trauma.

Note: Section 895.73 is renumbered s. 895.45 by this bill.

SB492, s. 75 Section 75. 972.11 (1) of the statutes is amended to read:

SB492,20,9 972.11 (1) Except as provided in subs. (2) to (4), the rules of evidence and practice in civil actions shall be applicable in all criminal proceedings unless the context of a section or rule manifestly requires a different construction. No guardian ad litem need be appointed for a defendant in a criminal action. Chapters 885 to 895 and 995, except ss. 804.02 to 804.07 and 887.23 to 887.26, shall apply in all criminal proceedings.

Note: Parts of ch. 895 are renumbered to ch. 995 by this bill.

SB492, s. 76 Section 76. 990.001 (4) (e) of the statutes is amended to read:

SB492,20,17 990.001 (4) (e) "Legal holiday" as used in this section means any statewide legal holiday provided in s. 895.20 995.20. When an act is permitted to be done by the use of the postal service, and the last day within the time prescribed by law for performing such act falls on a legal public holiday under federal law, or other holiday designated by the president such that the postal service does not receive registered mail or make regular deliveries on that day, the day shall be considered a legal holiday for purposes of this section.

Note: Section 895.20 is renumbered s. 995.20 by this bill.

SB492, s. 77 Section 77. Chapter 995 (title) of the statutes is created to read:

SB492,20,20 Chapter 995 Miscellaneous Statutes

SB492,20,21 (End)