Note: The other paragraphs in s. 809.30 (2) have titles.
AB573, s. 197
15Section
197. 809.62 (2) (c) of the statutes is amended to read:
AB573,73,1816
809.62
(2) (c) A concise statement of the criteria of sub.
(1) (1r) relied upon to
17support the petition, or in the absence of any of the criteria, a concise statement of
18other substantial and compelling reasons for review.
Note: The list of criteria previously numbered s. 809.62 (1) (a) to (e) was
renumbered s. 809.63 (1r) (a) to (e) by Supreme Court Order 04-08, and s. 809.63 (1r) (a)
to (e) is renumbered s. 809.62 (1r) (a) to (e) by this bill.
AB573, s. 198
19Section
198. 809.63 (1r) (a) to (e) of the statutes, as affected by Supreme Court
20Order 04-08, are renumbered 809.62 (1r) (a) to (e).
Note: Confirms renumbering by the legislative reference bureau under s. 13.92
(1) (bm) 2. Supreme Court Order 04-08 inserted new material ahead of the former s.
809.62 (1) and moved material introductory to former s. 809.62 (1) (a) to (e) to a new s.
809.62 (1r) (intro.), but inadvertently renumbered s. 809.62 (1) (a) to (e) to s. 809.63 (1r)
(a) to (e).
AB573, s. 199
1Section
199. 846.101 (2) of the statutes is amended to read:
AB573,74,102
846.101
(2) When plaintiff so elects, judgment shall be entered as provided in
3this chapter, except that no judgment for deficiency may be ordered therein nor
4separately rendered against any party who is personally liable for the debt secured
5by the mortgage and the sale of such mortgaged premises shall be made upon the
6expiration of 6 months from the date when such judgment is entered. Notice of the
7time and place of sale shall be given under ss. 815.31 and 846.16 within such
86-months 6-month period except that first printing of a copy of such notice in a
9newspaper shall not be made less than 4 months after the date when such judgment
10is entered.
Note: Corrects spelling. The corrected spelling is printed in the 2007-08 Statutes.
AB573,74,16
13854.17 Marital property classification; ownership and division of
14marital property at death. 54 and Classification of the property of a decedent
15spouse and surviving spouse, and ownership and division of that property at the
16death of a spouse, are determined under ch. 766 and s. 861.01.
Note: Places definition in alphabetical order consistent with current style.
AB573, s. 202
19Section
202. 938.21 (2) (c) of the statutes is amended to read:
AB573,75,7
1938.21
(2) (c) Prior to the commencement of the hearing, the court shall inform
2the juvenile of the allegations that have been or may be made, the nature and
3possible consequences of this hearing as compared to possible future hearings, the
4provisions of s. 938.18 if applicable, the right to counsel under s. 938.23 regardless
5of ability to pay if the juvenile is not yet represented by counsel, the right to remain
6silent, the fact that the silence may not be adversely considered by the
r court, the
7right to confront and cross-examine witnesses, and the right to present witnesses.
Note: The word "commissioner" preceding "court" was stricken by
2005 Wis. Act
344, section
200, but the final "r" was not struck. The change is printed in the 2007-08
Statutes.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 938.355 (6) (d) 1. reads:
1. Placement of the juvenile in a juvenile detention facility or juvenile portion of
a county jail that meets the standards promulgated by the department by rule or in a
place of nonsecure custody, for not more than 10 days and the provision of educational
services consistent with his or her current course of study during the period of placement.
The juvenile shall be given credit against the period of detention or nonsecure custody
imposed under this subdivision for all time spent in secure detention in connection with
the course of conduct for which the detention or nonsecure custody was imposed. If the
court orders placement of the juvenile in a place of nonsecure custody under the
supervision of the county department, the court shall order the juvenile into the
placement and care responsibility of the county department as required under
42 USC
672 (a) (2) and shall assign the county department primary responsibility for providing
services to the juvenile.
AB573, s. 204
10Section
204. 938.355 (6d) (b) 1. of the statutes is amended to read:
AB573,76,1311
938.355
(6d) (b) 1. Notwithstanding ss. 938.19 to 938.21, but subject to any
12general written policies adopted by the court under s. 938.06 (1) or (2), to any policies
13adopted by the county department relating to aftercare supervision administered by
14the county department, and to any policies adopted by the county board relating to
15the taking into custody and placement of a juvenile under this subdivision, if a
16juvenile who is on aftercare supervision administered by the county department
1violates a condition of that supervision, the juvenile's caseworker or any other person
2authorized to provide or providing intake or dispositional services for the court under
3s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place
4the juvenile in a
secure juvenile detention facility or juvenile portion of a county jail
5that meets the standards promulgated by the department by rule or in a place of
6nonsecure custody designated by that person for not more than 72 hours while the
7alleged violation and the appropriateness of revoking the juvenile's aftercare status
8are being investigated. Short-term detention may be imposed under this
9subdivision only if at the dispositional hearing the court explained those conditions
10to the juvenile and informed the juvenile of that possible placement or if before the
11violation the juvenile has acknowledged in writing that he or she has read, or has had
12read to him or her, those conditions and that possible placement and that he or she
13understands those conditions and that possible placement.
Note: The term "secure detention facility" was changed to "juvenile detention
facility" by
2005 Wis. Act 344.
2007 Wis. Act 97 replaced "secure detention facility" with
"juvenile detention facility" in statutes not included in Act 344, but this provision was
missed.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 938.355 (6m) (a) 1g. reads:
1g. Placement of the juvenile in a juvenile detention facility or juvenile portion of
a county jail that meets the standards promulgated by the department by rule or in a
place of nonsecure custody, for not more than 10 days and the provision of educational
services consistent with his or her current course of study during the period of placement.
The juvenile shall be given credit against the period of detention or nonsecure custody
imposed under this subdivision for all time spent in secure detention in connection with
the course of conduct for which the detention or nonsecure custody was imposed. The use
of placement in a juvenile detention facility or in a juvenile portion of a county jail as a
sanction under this subdivision is subject to the adoption of a resolution by the county
board of supervisors under s. 938.06 (5) authorizing the use of those placements as a
sanction. If the court orders placement of the juvenile in a place of nonsecure custody
under the supervision of the county department, the court shall order the juvenile into
the placement and care responsibility of the county department as required under
42
USC 672 (a) (2) and shall assign the county department primary responsibility for
providing services to the juvenile.
AB573, s. 206
1Section
206. 939.32 (1g) (b) 1. of the statutes is amended to read:
AB573,77,52
939.32
(1g) (b) 1. If neither s. 939.62 (1) nor
s. 961.48 is being applied, the
3maximum term of imprisonment is one-half of the maximum term of imprisonment,
4as increased by any penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. and
5b., for the completed crime.
Note: Adds "s." to allow for electronic linking. The "s." is printed in the 2007-08
Statutes.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 939.632 (1) (e) 1. reads:
1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09 (1c), 940.19 (2), (4)
or (5), 940.21, 940.225 (1), (2) or (3), 940.235, 940.305, 940.31, 941.20, 941.21, 943.02,
943.06, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c),
948.05, 948.051, 948.055, 948.07, 948.08, 948.085, or 948.30 (2) or under s. 940.302 (2)
if s. 940.302 (2) (a) 1. b. applies.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, effective 1-1-09, 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, subch. V of ch. 551, 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, 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, 940.302 (2), 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,
943.203, 943.23 (1g), (2) and (3), 943.24 (2), 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, 943.81, 943.82, 943.83, 943.84, 943.85, 943.86, 943.87, 943.88,
943.89, 943.90, 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, 946.79, 947.015, 948.05, 948.051, 948.08, 948.12,
and 948.30.
Note: Confirms renumbering by the legislative reference bureau under s. 13.92
(1) (bm) 2. to conform numbering to current style.
AB573, s. 210
1Section
210. 961.18 (4m) of the statutes is amended to read:
AB573,78,62
961.18
(4m) Hallucinogenic substances. Dronabinol (synthetic) in sesame oil
3and encapsulated in a soft gelatin capsule in a U.S. food and drug administration
4approved drug product. (Other names for dronabinol are (6aR-trans)-6a, 7, 8,
510a-tetrahydro-6, 6
., 9-trimethyl-3-pentyl-6H-dibenzo(b,d)pyran-1-ol, and
6(-)-delta-9-(trans)-tetrahydrocannabinol.)
Note: Corrects punctuation. The corrected punctuation is printed in the 2007-08
Statutes.
AB573, s. 211
7Section
211. 961.41 (1m) (hm) (intro.) of the statutes is amended to read:
AB573,78,178
961.41
(1m) (hm)
Certain other schedule I controlled substances and ketamine. 9(intro.) If the person violates this subsection with respect to gamma-hydroxybutyric
10acid, gamma-butyrolactone, 1,4-butanediol,
113,4-methylenedioxymethamphetamine
, 124-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine,
13ketamine, or a controlled substance analog of gamma-hydroxybutyric acid,
14gamma-butyrolactone, 1,4-butanediol, 3,4-methylenedioxymethamphetamine
, 154-bromo-2,5-dimethoxy-beta-phenylethylamine, or 4-methylthioamphetamine is
16subject to the following penalties if the amount possessed, with intent to
17manufacture, distribute, or deliver is:
Note: Inserts commas deleted by
2005 Wis. Act 52 without being shown as
stricken. No change was intended.
AB573,79,620
971.19
(12) Except as provided in s. 971.223, in an action for a violation of chs.
215 to 12, subch. III of ch. 13, or subch. III of ch. 19, or for a violation of any other law
1arising from or in relation to the official functions of the subject of the investigation
2or any matter that involves elections, ethics, or lobbying regulation under
subch. chs. 35 to 12, subch. III of ch. 13, or subch. III of ch. 19 a defendant who is a resident of this
4state shall be tried in circuit court for the county where the defendant resides. For
5purposes of this subsection, a person other than a natural person resides within a
6county if the person's principal place of operation is located within that county.
Note: Corrects citation form.
Note: "TEMPORARY" was inserted into chapter 77 (title) by
2005 Wis. Act 25 without being underscored. No change was intended. "TEMPORARY" was not printed
in the 2005-06 Statutes.
AB573, s. 214
9Section
214. 2007 Wisconsin Act 1, section
7 is amended by replacing "5.05 (1)
10(e) Delegate to
its executive director its
legal counsel" with "5.05 (1) (e) Delegate to
11its executive director its legal counsel".
Note: "Its" was inserted without being shown as underscored. The change was
intended.
AB573, s. 215
12Section
215. 2007 Wisconsin Act 15, section
2 is amended by replacing "This
13act takes effect on the first day of the 2nd month beginning after the effective date
14of this subsection." with "This act takes effect on the first day of the 2nd month
15beginning after publication.".
Note: Clarifies effective date by inserting language consistent with current style.
AB573, s. 216
16Section
216. 2007 Wisconsin Act 20, section
342 is amended by replacing
17"
46.481 48.481 and 2007 Wisconsin Act .... (this act), section 9121 9155 (9u)" with
18"
46.481 48.481 and 2007 Wisconsin Act .... (this act), section
9121 9155 (9u)".
Note: Previously existing text was underscored.
AB573, s. 217
1Section
217. 2007 Wisconsin Act 20, section
973 is amended by replacing
2"o
lder persons and persons with physical or developmental disabilities" with "
older
3persons and persons with physical or developmental disabilities".
Note: The letter "o" was inadvertently not stricken.
AB573, s. 218
4Section
218
. 2007 Wisconsin Act 20, section
989 is amended by replacing
5"individuals who belong to a client group served by the resource center" with
6"
individuals who belong to a client group served by the resource center".
Note: The phrase "individuals who belong to a client group served by the recource
center" was inserted by
2007 Wis. Act 20 without scoring. The change was intended.
Note: There is no s. 48.357 (3) (a) 3. (intro.).
2007 Wis. Act 20, section
1293 amends
the text of s. 48.57 (3) (a) 3.
Note: The comma was inserted without being underscored. The change was
intended.
Note: The period was inserted without being underscored. The change was
intended.
AB573, s. 222
13Section
222. 2007 Wisconsin Act 20, section
1713 is amended by replacing "
s. 14767.89 (3) (e) 1. or 767.805 (4) (d) 1. or 767.89 (3) (e) 1." with "
s. 767.805 (4) (d) 1. or
15767.89 (3) (e) 1.".
Note: Text that was not preexisting was shown as stricken.
AB573, s. 223
16Section
223. 2007 Wisconsin Act 20, section
1716 is amended by replacing "
s. 17767.89 (3) (e) 1. or 767.805 (4) (d) 1. or 767.89 (3) (e) 1." with "
s. 767.805 (4) (d) 1. or
18767.89 (3) (e) 1.".
Note: Text that was not preexisting was shown as stricken.
AB573, s. 224
1Section
224. 2007 Wisconsin Act 20, section
1968 is amended by replacing
2"
individuals full-time employees that exceeds $100,000." with "
individual full-time
3employees that exceeds $100,000.".
Note: The "s" in "individuals" was not preexisting, but was shown as stricken.
AB573, s. 225
4Section
225. 2007 Wisconsin Act 20, section
2041 is amended by replacing
5"
individuals full-time employees that exceeds $100,000." with "
individual full-time
6employees that exceeds $100,000.".
Note: The "s" in "individuals" was not preexisting, but was shown as stricken.
AB573, s. 226
7Section
226. 2007 Wisconsin Act 20, section
2097 is amended by replacing
8"
individuals full-time employees that exceeds $100,000." with "
individual full-time
9employees that exceeds $100,000.".
Note: The "s" in "individuals" was not preexisting, but was shown as stricken.
AB573, s. 227
10Section
227. 2007 Wisconsin Act 20, section
2512 is amended by replacing
11"79.10
(2) (a)
Notice to municipalities. On or before December 1" with "79.10
(2) 12(a) On or before December 1".
Note: The subsection title was shown as if it was the paragraph title. It should
not have been shown.
Note: Text that was not preexisting was shown as stricken.
AB573, s. 229
15Section
229
. 2007 Wisconsin Act 20, section
9448 (1) is amended by replacing
16"the amendment of section 343.50 (8) (a) and (b) of the statutes" with "the
17amendment of section 343.50 (8) (a) of the statutes".
Note: Sections
9448 (1) and
9455 (2) of
2007 Wis. Act 20, contain conflicting
effective date provisions for the amendment of s. 343.50 (8) (b) by Act 20. Drafting records
indicate that section 9455 (2) is correct.
Note: There is no s. 48.57 (3) (a) 3. (intro.).
2007 Wis. Act 20, section
1293 amends
the text of s. 48.57 (3) (a) 3.
AB573, s. 231
1Section
231. 2007 Wisconsin Act 27, section
1 is amended by replacing "the
2department and its agents, the department of justice, and peace officers" with "the
3department and its agents, the department of justice
, and peace officers".
Note: The comma was inserted without being underscored. The change was
intended.
AB573, s. 232
4Section
232. 2007 Wisconsin Act 39, section
2 is amended by replacing "(jz)
5Medical Assistance and Badger Care cost sharing and employer penalty assessments. 6All moneys received
from in cost sharing from medical assistance recipients,
7including payments under s. 49.665 (5)
and, all moneys received from penalty
8assessments under s. 49.665 (7) (b) 2.
, and 90 percent of all moneys received from
9penalty assessments under s. 49.471 (9) (c) to be used for the Badger Care health care
10program under s. 49.665
and for the Medical Assistance program under subch. IV of
11ch. 49." with "(jz)
Medical Assistance and Badger Care cost sharing and employer
12penalty assessments. All moneys received in cost sharing from medical assistance
13recipients, including payments under s. 49.665 (5)
, all moneys received from penalty
14assessments under s. 49.665 (7) (b) 2., and 90 percent of all moneys received from
15penalty assessments under s. 49.471 (9) (c) to be used for the Badger Care health care
16program under s. 49.665
and for the Medical Assistance program under subch. IV of
17ch. 49.".
Note: 2007 Wis. Act 39, section
2, provides that s. 20.435 (4) (jz) is amended as
affected by
2007 Wis. Act 20 and Act
39, section
1. However, Act 39, section 2, showed
as stricken, text that had already been stricken by Act 20, section 393, and showed as
underscored, text that had already been underscored by Act 20, section 393.
Note: Incorrect text was shown stricken.