SB731: Bill Text

SB731, s. 92 Section 92. 813.123 (4) (a) 2. a. of the statutes, as affected by 2005 Wisconsin Acts 264 and 388, is repealed and recreated to read:

SB731,35,14 813.123 (4) (a) 2. a. That the respondent has interfered with or, based on prior conduct of the respondent, may interfere with an investigation of the individual at risk, the delivery of protective services to or a protective placement of the individual at risk under ch. 55, or the delivery of services to an elder adult at risk under s. 46.90 (5m); and that the interference complained of, if continued, would make it difficult to determine whether abuse, financial exploitation, neglect, or self-neglect has occurred, is occurring, or may recur.

SB731, s. 93 Section 93. 813.123 (4) (ar) 1. of the statutes, as created by 2005 Wisconsin Act 388, is amended to read:

SB731,35,21 813.123 (4) (ar) 1. Avoid interference with an investigation of the elder adult at risk under s. 46.90 or the adult at risk under s. 55.043, the delivery of protective services to the individual at risk under s. 55.05 or a protective placement of the individual at risk under s. 55.06 ch. 55, or the delivery of services to the elder adult at risk under s. 46.90 (5m).

SB731, s. 94 Section 94. 813.123 (5) (a) (intro.) of the statutes, as affected by 2005 Wisconsin Acts 264 and 388, is repealed and recreated to read:

SB731,36,2 813.123 (5) (a) (intro.) Unless the individual at risk, guardian, or guardian ad litem consents in writing to a contact and the judge agrees that the contact is in the best interests of the individual at risk, a judge may grant an injunction ordering the respondent, as specified in par. (ar), if all of the following occur:

SB731, s. 95 Section 95. 813.123 (5) (ar) 1. of the statutes, as created by 2005 Wisconsin Act 388, is amended to read:

SB731,36,9 813.123 (5) (ar) 1. Avoid interference with an investigation of the elder adult at risk under s. 46.90 or the adult at risk under s. 55.043, the delivery of protective services to the individual at risk under s. 55.05 or a protective placement of the individual at risk under s. 55.06 ch. 55, or the delivery of services to the elder adult at risk under s. 46.90 (5m).

SB731, s. 96 Section 96. 813.123 (6) (c) of the statutes, as affected by 2005 Wisconsin Acts 264 and 388, is repealed and recreated to read:

SB731,36,19 813.123 (6) (c) That the respondent interfered with or, based on prior conduct of the respondent, may interfere with an investigation of the elder adult at risk under s. 46.90 (5), an investigation of the adult at risk under s. 55.043, the delivery of protective services to, or a protective placement of, the individual at risk under ch. 55, or the delivery of services to the elder adult at risk under s. 46.90 (5m); or that the respondent engaged in, or threatened to engage in, the abuse, financial exploitation, neglect, stalking, or harassment of an individual at risk or mistreatment of an animal.

SB731, s. 97 Section 97. 813.123 (7) of the statutes, as affected by 2005 Wisconsin Acts 264 and 388, is repealed and recreated to read:

SB731,37,2 813.123 (7) Interference order. Any order under sub. (4) (ar) 1. or 2. or (5) (ar) 1. or 2. also shall prohibit the respondent from intentionally preventing a representative or employee of the county protective services agency from meeting, communicating or being in visual or audio contact with the adult at risk, except as provided in the order.

SB731, s. 98 Section 98. 940.285 (1m) of the statutes, as created by 2005 Wisconsin Act 388, is amended to read:

SB731,37,8 940.285 (1m) Exception. Nothing in this section may be construed to mean that a vulnerable adult an individual at risk is abused solely because he or she consistently relies upon treatment by spiritual means through prayer for healing, in lieu of medical care, in accordance with his or her religious tradition.

SB731, s. 99 Section 99. 940.295 (1) (cr) of the statutes is created to read:

SB731,37,10 940.295 (1) (cr) "Elder adult at risk" has the meaning given in s. 46.90 (1) (br).

SB731, s. 100 Section 100. 940.295 (1) (hr) of the statutes is created to read:

SB731,37,13 940.295 (1) (hr) "Individual at risk" means an elder adult at risk or an adult at risk.

SB731, s. 101 Section 101. 2005 Wisconsin Act 387, section 585 (intro.) is amended to read:

SB731,37,17 [2005 Wisconsin Act 387] Section 585 Effective dates. (intro.) This act takes effect on the first day of the 7th month beginning after publication November 1, 2006, except as follows:

SB731, s. 102 Section 102. 2005 Wisconsin Act 387, section 585 (2) is repealed.

SB731, s. 103 Section 103. 2005 Wisconsin Act 388, section 252m (1) is amended to read:

SB731,37,21 [2005 Wisconsin Act 388] Section 252m (1) This act takes effect on the first day of the 7th month beginning after publication November 1, 2006.

SB731, s. 104 Section 104. Nonstatutory provisions.

SB731,37,24 (1) The treatment of sections 51.01 (3g), 55.06 (2) (c) and (11) (a), and 880.01 (2), (4), and (5) of the statutes by 2005 Wisconsin Act 388 is void.

SB731,38,3 (2) The treatment of sections 55.03, 55.05 (2) (d) and (5) (b) 1. and 2., 55.06 (1) (intro.) and (a), (2) (b), (3) (c), (4), (5), (6), (8) (c), (10) (c), (14), and (17) (b), and 813.123 (3) (b) 1. of the statutes by 2005 Wisconsin Act 387 is void.

SB731,38,6 (3) The treatment of sections 880.01 (5) and (7m), 880.24 (3) (a) and (b), 880.33 (2) (e), 940.285 (1) (a) and (b), and 940.295 (1) (hm) of the statutes by 2005 Wisconsin Act 264 is void.

SB731, s. 105 Section 105. Effective date.

SB731,38,8 (1) This act takes effect on November 1, 2006.

SB731,38,9 (End)