SB300: Bill Text

SB300, s. 171 Section 171. 980.01 (1j) of the statutes, as created by 2005 Wisconsin Act 434, is amended to read:

SB300,65,6 980.01 (1j) "Incarceration" includes confinement in a secured juvenile correctional facility, as defined in s. 938.02 (15m) (10p), or a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), if the person was placed in the facility for being adjudicated delinquent under s. 48.34, 1993 stats., or under s. 938.183 or 938.34 on the basis of a sexually violent offense.

Note: Corrects cross-references and conforms text to changes in defined terms made by 2005 Wis. Act 344.

SB300, s. 172 Section 172. 980.02 (1) (b) 3. of the statutes, as created by 2005 Wisconsin Act 434, is amended to read:

SB300,65,13 980.02 (1) (b) 3. The county in which the person is in custody under a sentence, a placement to a secured juvenile correctional facility, as defined in s. 938.02 (15m), (10p), or a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), or a commitment order.

Note: Corrects cross-references and conforms text to changes in defined terms made by 2005 Wis. Act 344.

SB300, s. 173 Section 173. 980.038 (4) (a) of the statutes, as created by 2005 Wisconsin Act 434, is amended to read:

SB300,66,2 980.038 (4) (a) A motion for postcommitment relief by a person committed under s. 980.06 shall be made in the time and manner provided in ss. s. 809.30 and 809.40. An appeal by a person who has been committed under s. 980.06 from a final order under s. 980.06, 980.08, or 980.09 or from an order denying a motion for postcommitment relief or from both shall be taken in the time and manner provided in ss. 808.04 (3), and 809.30, and 809.40. If a person is seeking relief from an order of commitment under s. 980.06, the person shall file a motion for postcommitment relief in the trial court prior to an appeal unless the grounds for seeking relief are sufficiency of the evidence or issues previously raised.

Note: Removes incorrect cross-references. The LRB analysis to 2005 SB 318, which was enacted as 2005 Wis. Act 434, states as to section 92 of that bill, which creates this provision, "A motion for post-commitment relief by an SVP or an appeal from a final order or from an order denying a motion for post-commitment relief will follow criminal appellate procedure."

Act 434 amended s. 808.04 (3) to add "or 809.30" so that the provision now reads "Except as provided in subs. (4) and (7), an appeal in a criminal case or a case under ch. 48, 51, 55 or, 938, or 980 shall be initiated within the time period specified in s. 809.30."

Section 809.30 relates to appeals in criminal and ch. 48, 51, 55, and 938 cases. Section 809.40 now relates to appeals in termination of parental rights, ch. 799, traffic regulation, municipal ordinance violation, and parental consent to abortion cases, but not criminal cases. Prior to the revision of s. 809.40 by Supreme Court Order 02-01, ss. 809.30 and 809.40 both related to criminal, ch. 48, 51, 55, and 938 cases.

SB300, s. 174 Section 174. 980.08 (7) of the statutes, as created by 2005 Wisconsin Act 431, is renumbered 980.08 (9).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis Act 434 amended s. 980.08 (6m) which resulted in it being divided into three separate subsections, s. 980.08 (6m), (7), (8).

SB300, s. 175 Section 175. 2005 Wisconsin Act 387, section 372 is amended by replacing "54.50 (4) (d) Cessation of powers." with "54.50 (4) Cessation of powers."

Note: Removes incorrect paragraph designation. 2005 Wis. Act 387, section 372, renumbered s. 880.15 (3) to s. 54.40 (4). Former s. 880.15 (3) was not divided into paragraphs.

SB300, s. 176 Section 176. 2005 Wisconsin Act 441, section 20 is amended by replacing "telecommunication service, gas, light, heat, or power" with "telecommunications service, gas, light, heat, or power".

Note: A comma was inserted without underscoring. The change was intended. The stricken "telecommunication" should have been "telecommunications."

SB300, s. 177 Section 177. 2005 Wisconsin Act 443, section 265 is amended by replacing - See PDF for table

SB300,66,23 with - See PDF for table

Note: Corrects statute citation in first column of the 2005 Wis. Act 443 cross-reference change table.

SB300, s. 178 Section 178. 2005 Wisconsin Act 444, section 46 is amended by replacing "of the minor, hold a hearing, and appoint counsel" with "of the minor, hold a hearing, and appoint counsel".

Note: A comma was inserted without underscoring. The change was intended.

SB300, s. 179 Section 179. 2005 Wisconsin Act 451, section 85m is amended by replacing "s. 6.86 (1) or, (2), or (2m)" with "s. 6.86 (1) or, (2), or (2m)".

Note: A comma was inserted without underscoring. The change was intended.

SB300, s. 180 Section 180. 2005 Wisconsin Act 458, section 5 is amended by replacing "100.195 (5m) (b), 100.30 (5m), 106.50 (6) (i) and (6m) (a), 115.80 (9), 281.36 (2) (b) 1., 767.33 (4) (d), 769.313, 814.025, 814.245, 895.035 (4), 895.10 (3), 895.75 (3), 895.77 (2), 895.79 (3), 895.80 (3), 943.212 (2) (b), 943.245 (2) (d)," with "100.195 (5m) (b), 100.30 (5m), 106.50 (6) (i) and (6m) (a), 115.80 (9), 281.36 (2) (b) 1., 767.33 (4) (d), 769.313, 814.025, 814.245, 895.035 (4), 895.10 (3), 895.75 (3), 895.77 (2), 895.79 (3), 895.80 (3), 943.212 (2) (b), 943.245 (2) (d),".

Note: Preexisting text was underscored.

SB300, s. 181 Section 181. Nonstatutory provisions.

SB300,67,15 (1) The renumbering of section 880.24 (3) (a) and (b) of the statutes by 2005 Wisconsin Act 264 is void.

Note: 2005 Wis. Act 387 renumbered the same provisions. The Act 387 numbering is adopted.

SB300, s. 182 Section 182. Effective dates. This act takes effect on the day after publication, except as follows:

SB300,67,19 (1) The treatment of section 101.985 (4) of the statutes takes effect on June 1, 2007, or on the day after publication, whichever is later.

SB300,67,21 (2) The treatment of section 301.48 (2) (b) 2. and (3) (c) of the statutes takes effect on July 1, 2007, or on the day after publication, whichever is later.

SB300,68,2 (3) The treatment of sections 301.03 (20) and 980.08 (7) of the statutes takes effect on July 1, 2007.

SB300,68,3 (End)