AB383: Bill Text

AB383,28,20 49.95 (8) Any person who makes any statement in a written application for aid under this chapter shall be considered to have made an admission as to the existence, correctness or validity of any fact stated, which shall be taken as prima facie evidence against the party making it in any complaint, information or indictment, and in any action or proceeding brought for the enforcement of any provision of this chapter.

AB383,32 Section 32. 51.05 (2) of the statutes is amended to read:

AB383,29,6 51.05 (2) Admissions authorized by counties. The department may not accept for admission to a mental health institute any resident person, except in an emergency, unless the county department under s. 51.42 in the county where the person has residence authorizes the care under s. 51.42 (3) (as). Patients who are committed to the department under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 975.06, 2011 stats., or s. 971.14, 971.17, 975.06, or 980.06, or ch. 975, admitted by the department under s. 975.17, 1977 stats., or are transferred from a juvenile correctional facility or a secured residential care center for children and youth to a state treatment facility under s. 51.35 (3) or from a jail or prison to a state treatment facility under s. 51.37 (5) are not subject to this section.

AB383,33 Section 33. 51.20 (1) (am) of the statutes is amended to read:

AB383,30,7 51.20 (1) (am) If the individual has been the subject of inpatient treatment for mental illness, developmental disability, or drug dependency immediately prior to commencement of the proceedings as a result of a voluntary admission, a commitment or protective placement ordered by a court under this section or, s. 55.06, 2003 stats., s. 971.17 ch. 975, 2011 stats., or ch. 975, or a protective placement or protective services ordered under s. 55.12, or if the individual has been the subject of outpatient treatment for mental illness, developmental disability, or drug dependency immediately prior to commencement of the proceedings as a result of a commitment ordered by a court under this section, s. 971.17 ch. 975, 2011 stats., or ch. 975, the requirements of a recent overt act, attempt or threat to act under par. (a) 2. a. or b., pattern of recent acts or omissions under par. (a) 2. c. or e., or recent behavior under par. (a) 2. d. may be satisfied by a showing that there is a substantial likelihood, based on the subject individual's treatment record, that the individual would be a proper subject for commitment if treatment were withdrawn. If the individual has been admitted voluntarily to an inpatient treatment facility for not more than 30 days prior to the commencement of the proceedings and remains under voluntary admission at the time of commencement, the requirements of a specific recent overt act, attempt or threat to act, or pattern of recent acts or omissions may be satisfied by a showing of an act, attempt or threat to act, or pattern of acts or omissions which took place immediately previous to the voluntary admission. If the individual is committed under s. 971.14 (2) or (5) 975.32 or 975.34 at the time proceedings are commenced, or has been discharged from the commitment immediately prior to the commencement of proceedings, acts, attempts, threats, omissions, or behavior of the subject individual during or subsequent to the time of the offense shall be deemed recent for purposes of par. (a) 2.

AB383,34 Section 34. 51.20 (16) (j) of the statutes is amended to read:

AB383,30,11 51.20 (16) (j) This subsection applies to petitions for reexamination that are filed under ch. 971, but not s. 971.17, and ch. 975, 2011 stats., and subch. II of ch. 975, except that the petitions shall be filed with the committing court.

AB383,35 Section 35. 51.30 (3) (b) of the statutes is amended to read:

AB383,30,18 51.30 (3) (b) An individual's attorney or guardian ad litem and the corporation counsel shall have access to the files and records of the court proceedings under this chapter without the individual's consent and without modification of the records in order to prepare for involuntary commitment or recommitment proceedings, reexaminations, appeals, or other actions relating to detention, admission, or commitment under this chapter, ch. 975, 2011 stats., or ch. 971, 975, or 980.

AB383,36 Section 36. 51.30 (4) (b) 8m. of the statutes is amended to read:

AB383,30,23 51.30 (4) (b) 8m. To appropriate examiners and facilities in accordance with s. 54.36 (3), 971.17 (2) (e), (4) (c), and (7) (c) 975.56 (2), 975.59 (3), or 975.63 (4). The recipient of any information from the records shall keep the information confidential except as necessary to comply with s. 971.17 subch. III of ch. 975.

AB383,37 Section 37. 51.30 (4) (b) 9. of the statutes is amended to read:

AB383,31,9 51.30 (4) (b) 9. To a facility which is to receive an individual who is involuntarily committed under this chapter, ch. 975, 2011 stats., or ch. 48, 938, 971, or 975 upon transfer of the individual from one treatment facility to another. Release of records under this subdivision shall be limited to such treatment records as are required by law, a record or summary of all somatic treatments, and a discharge summary. The discharge summary may include a statement of the patient's problem, the treatment goals, the type of treatment which has been provided, and recommendation for future treatment, but it may not include the patient's complete treatment record. The department shall promulgate rules to implement this subdivision.

AB383,38 Section 38. 51.30 (4) (b) 11. of the statutes is amended to read:

AB383,31,15 51.30 (4) (b) 11. To the subject individual's counsel or guardian ad litem and the corporation counsel, without modification, at any time in order to prepare for involuntary commitment or recommitment proceedings, reexaminations, appeals, or other actions relating to detention, admission, commitment, or patients' rights under this chapter, ch. 975, 2011 stats., or ch. 48, 971, 975, or 980.

AB383,39 Section 39. 51.30 (4) (b) 12m. of the statutes is amended to read:

AB383,31,21 51.30 (4) (b) 12m. To any person if the patient was admitted under s. 971.14, 971.17 or 980.06, ch. 975, 2011 stats., or ch. 975 or transferred under s. 51.35 (3) or 51.37 and is on unauthorized absence from a treatment facility. Information released under this subdivision is limited to information that would assist in the apprehension of the patient.

AB383,40 Section 40. 51.30 (4) (b) 16. of the statutes is amended to read:

AB383,32,7 51.30 (4) (b) 16. If authorized by the secretary or his or her designee, to a law enforcement agency upon request if the individual was admitted under ch. 971 975, 2011 stats., or ch. 975 or transferred under s. 51.35 (3) or 51.37. Information released under this subdivision is limited to the individual's name and other identifying information, including photographs and fingerprints, the branch of the court that committed the individual, the crime that the individual is charged with, found not guilty of by reason of mental disease or defect or convicted of, whether or not the individual is or has been authorized to leave the grounds of the institution and information as to the individual's whereabouts during any time period. In this subdivision "law enforcement agency" has the meaning provided in s. 165.83 (1) (b).

AB383,41 Section 41. 51.30 (7) of the statutes is amended to read:

AB383,32,11 51.30 (7) Criminal commitments. Except as otherwise specifically provided, this section applies to the treatment records of persons who are committed under chs. 971 and ch. 975, 2011 stats., or ch. 975.

AB383,42 Section 42. 51.37 (1) of the statutes is amended to read:

AB383,32,15 51.37 (1) All commitments under s. 975.01, 1977 stats., and s. 975.02, 1977 stats., and under ss. 971.14 (5), 971.17 s. 975.06, 2011 stats., and 975.06 ss. 975.34, 975.55, and 975.57 shall be to the department.

AB383,43 Section 43. 51.37 (3) of the statutes is amended to read:

AB383,32,19 51.37 (3) The Mendota and Winnebago mental health institutes may be used for the custody, care and treatment of persons committed or transferred thereto pursuant to this section and chs. 971 and, ch. 975, 2011 stats., or ch. 975.

AB383,44 Section 44. 51.37 (4) of the statutes is amended to read:

AB383,33,2 51.37 (4) The department may, with the approval of the committing court and the county department under s. 51.42 or 51.437, and subject to s. 51.35, transfer to the care and custody of a county department under s. 51.42 or 51.437 any person in an institution of the department committed under s. 971.14 or 971.17 ch. 975, if in its opinion, the mental condition of the person is such that further care is required and can be properly provided under the direction of the county department under s. 51.42 or 51.437.

AB383,45 Section 45. 51.37 (9) of the statutes is amended to read:

AB383,33,22 51.37 (9) If in the judgment of the director of Mendota Mental Health Institute, Winnebago Mental Health Institute or the Milwaukee County Mental Health Complex, any person who is committed under s. 971.14 or 971.17 ch. 975 is not in such condition as warrants his or her return to the court but is in a condition to receive a conditional transfer or discharge under supervision, the director shall report to the department of health services, the committing court and the district attorney of the county in which the court is located his or her reasons for the judgment. If the court does not file objection to the conditional transfer or discharge within 60 days of the date of the report, the director may, with the approval of the department of health services, conditionally transfer any person to a legal guardian or other person, subject to the rules of the department of health services. Before a person is conditionally transferred or discharged under supervision under this subsection, the department of health services shall so notify the municipal police department and county sheriff for the area where the person will be residing. The notification requirement does not apply if a municipal department or county sheriff submits to the department of health services a written statement waiving the right to be notified. The department of health services may contract with the department of corrections for the supervision of persons who are transferred or discharged under this subsection.

AB383,46 Section 46. 51.37 (10) (am) of the statutes is amended to read:

AB383,34,3 51.37 (10) (am) The director of a state treatment facility may grant to any patient admitted to the facility as a result of a commitment under ch. 971 975, 2011 stats., or ch. 975, a home visit for up to 15 days, or a leave for employment or education purposes in which the patient is not absent from the facility for more than 15 days.

AB383,47 Section 47. 51.375 (1) (a) of the statutes is amended to read:

AB383,34,8 51.375 (1) (a) "Community placement" means conditional transfer into the community under s. 51.35 (1), conditional release under s. 971.17 975.57 or 975.59, parole from a commitment for specialized treatment under ch. 975, 2011 stats., or supervised release under ch. 980.

AB383,48 Section 48. 51.39 of the statutes is amended to read:

AB383,34,18 51.39 Resident patients on unauthorized absence. If any patient who is admitted, transferred, or placed under s. 55.06, 2003 stats., or s. 51.13, 51.15, 51.20, 51.35 (3), 51.37, or 51.45 (11) (b), (12) or (13), ch. 975, 2011 stats., or ch. 55, 971, 975, or 980 is on unauthorized absence from a treatment facility, the sheriff or any other law enforcement agency in the county in which the patient is found or in which it is believed the patient may be present, upon the request of the director, shall take charge of and return the patient to the facility. The costs incident to the return shall be paid out of the facility's operating funds and be charged back to the patient's county of residence.

AB383,49 Section 49. 51.42 (3) (as) 1m. of the statutes is amended to read:

AB383,35,2 51.42 (3) (as) 1m. A county department shall reimburse a mental health institute at the institute's daily rate for custody of any person who is ordered by a court located in that county to be examined at the mental health institute under s. 971.14 (2) 975.32 for all days that the person remains in custody at the mental health institute, beginning 48 hours, not including Saturdays, Sundays, and legal holidays, after the sheriff and county department receive notice under s. 971.14 (2) (d) 975.32 (5) that the examination has been completed.

AB383,50 Section 50. 51.42 (3) (as) 1r. of the statutes is amended to read:

AB383,36,2 51.42 (3) (as) 1r. A county department shall authorize all care of any patient in a state, local, or private facility under a contractual agreement between the county department and the facility, unless the county department governs the facility. The need for inpatient care shall be determined by the program director or designee in consultation with and upon the recommendation of a licensed physician trained in psychiatry and employed by the county department or its contract agency. In cases of emergency, a facility under contract with any county department shall charge the county department having jurisdiction in the county where the patient is found. The county department shall reimburse the facility for the actual cost of all authorized care and services less applicable collections under s. 46.036, unless the department of health services determines that a charge is administratively infeasible, or unless the department of health services, after individual review, determines that the charge is not attributable to the cost of basic care and services. Except as provided in subd. 1m., a county department may not reimburse any state institution or receive credit for collections for care received in a state institution by nonresidents of this state, interstate compact clients, transfers under s. 51.35 (3), transfers from Wisconsin state prisons under s. 51.37 (5) (a), commitments under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 975.06, 2011 stats., or s. 971.14, 971.17 or 975.06 ch. 975 or admissions under s. 975.17, 1977 stats., or children placed in the guardianship of the department of children and families under s. 48.427 or 48.43 or under the supervision of the department of corrections under s. 938.183 or 938.355. The exclusionary provisions of s. 46.03 (18) do not apply to direct and indirect costs that are attributable to care and treatment of the client.

AB383,51 Section 51. 51.42 (3) (aw) 1. d. of the statutes is amended to read:

AB383,36,11 51.42 (3) (aw) 1. d. Provide treatment and services that are specified in a conditional release plan approved by a court for a person who is a county resident and is conditionally released under s. 971.17 (3) or (4) 975.57 (4) or 975.59 or that are specified in a supervised release plan approved by a court under s. 980.06 (2) (c), 1997 stats., s. 980.08 (5), 2003 stats., or s. 980.08 (4) (g). If the county department provides treatment and services under this subdivision, the department of health services shall, from the appropriation under s. 20.435 (2) (bj), pay the county department for the costs of the treatment and services.

AB383,52 Section 52. 51.437 (4rm) (a) of the statutes is amended to read:

AB383,37,15 51.437 (4rm) (a) A county department of developmental disabilities services shall authorize all care of any patient in a state, local, or private facility under a contractual agreement between the county department of developmental disabilities services and the facility, unless the county department of developmental disabilities services governs the facility. The need for inpatient care shall be determined by the program director or designee in consultation with and upon the recommendation of a licensed physician trained in psychiatry and employed by the county department of developmental disabilities services or its contract agency prior to the admission of a patient to the facility except in the case of emergency services. In cases of emergency, a facility under contract with any county department of developmental disabilities services shall charge the county department of developmental disabilities services having jurisdiction in the county where the individual receiving care is found. The county department of developmental disabilities services shall reimburse the facility, except as provided under par. (c), for the actual cost of all authorized care and services less applicable collections under s. 46.036, unless the department of health services determines that a charge is administratively infeasible, or unless the department of health services, after individual review, determines that the charge is not attributable to the cost of basic care and services. The exclusionary provisions of s. 46.03 (18) do not apply to direct and indirect costs which are attributable to care and treatment of the client. County departments of developmental disabilities services may not reimburse any state institution or receive credit for collections for care received in a state institution by nonresidents of this state, interstate compact clients, transfers under s. 51.35 (3) (a), commitments under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17 or 975.06, 2011 stats., or ch. 975, admissions under s. 975.17, 1977 stats., children placed in the guardianship of the department of children and families under s. 48.427 or 48.43 or juveniles under the supervision of the department of corrections under s. 938.183 or 938.355.

AB383,53 Section 53. 51.61 (1) (intro.) of the statutes is amended to read:

AB383,38,7 51.61 (1) (intro.) In this section, "patient" means any individual who is receiving services for mental illness, developmental disabilities, alcoholism or drug dependency, including any individual who is admitted to a treatment facility in accordance with this chapter or ch. 48 or 55 or who is detained, committed or placed under this chapter, ch. 975, 2011 stats., or ch. 48, 55, 971, 975, or 980, or who is transferred to a treatment facility under s. 51.35 (3) or 51.37 or who is receiving care or treatment for those conditions through the department or a county department under s. 51.42 or 51.437 or in a private treatment facility. "Patient" does not include persons committed under ch. 975, 2011 stats., who are transferred to or residing in any state prison listed under s. 302.01. In private hospitals and in public general hospitals, "patient" includes any individual who is admitted for the primary purpose of treatment of mental illness, developmental disability, alcoholism or drug abuse but does not include an individual who receives treatment in a hospital emergency room nor an individual who receives treatment on an outpatient basis at those hospitals, unless the individual is otherwise covered under this subsection. Except as provided in sub. (2), each patient shall:

AB383,54 Section 54. 51.61 (1) (e) of the statutes is amended to read:

AB383,38,15 51.61 (1) (e) Except in the case of a patient who is admitted or transferred under s. 51.35 (3) or 51.37, ch. 975, 2011 stats., or under ch. 971 or 975, have the right to the least restrictive conditions necessary to achieve the purposes of admission, commitment or protective placement, under programs, services and resources that the county board of supervisors is reasonably able to provide within the limits of available state and federal funds and of county funds required to be appropriated to match state funds.

AB383,55 Section 55. 51.61 (1) (i) 1. of the statutes is amended to read:

AB383,40,2 51.61 (1) (i) 1. Except as provided in subd. 2., have a right to be free from physical restraint and isolation except for emergency situations or when isolation or restraint is a part of a treatment program. Isolation or restraint may be used only when less restrictive measures are ineffective or not feasible and shall be used for the shortest time possible. When a patient is placed in isolation or restraint, his or her status shall be reviewed once every 30 minutes. Each facility shall have a written policy covering the use of restraint or isolation that ensures that the dignity of the individual is protected, that the safety of the individual is ensured, and that there is regular, frequent monitoring by trained staff to care for bodily needs as may be required. Isolation or restraint may be used for emergency situations only when it is likely that the patient may physically harm himself or herself or others. The treatment director shall specifically designate physicians who are authorized to order isolation or restraint, and shall specifically designate licensed psychologists who are authorized to order isolation. If the treatment director is not a physician, the medical director shall make the designation. In the case of a center for the developmentally disabled, use shall be authorized by the director of the center. The authorization for emergency use of isolation or restraint shall be in writing, except that isolation or restraint may be authorized in emergencies for not more than one hour, after which time an appropriate order in writing shall be obtained from the physician or licensed psychologist designated by the director, in the case of isolation, or the physician so designated in the case of restraint. Emergency isolation or restraint may not be continued for more than 24 hours without a new written order. Isolation may be used as part of a treatment program if it is part of a written treatment plan, and the rights specified in this subsection are provided to the patient. The use of isolation as a part of a treatment plan shall be explained to the patient and to his or her guardian, if any, by the person who provides the treatment. A treatment plan that incorporates isolation shall be evaluated at least once every 2 weeks. Patients who have a recent history of physical aggression may be restrained during transport to or from the facility. Persons who are committed or transferred under s. 51.35 (3) or 51.37, under ch. 975, 2011 stats., or under ch. 971 or 975, or who are detained or committed under ch. 980, and who, while under this status, are transferred to a hospital, as defined in s. 50.33 (2), for medical care may be isolated for security reasons within locked facilities in the hospital. Patients who are committed or transferred under ch. 975, 2011 stats., under s. 51.35 (3) or 51.37, or under ch. 971 or 975, or who are detained or committed under ch. 980, may be restrained for security reasons during transport to or from the facility.

AB383,56 Section 56. 51.87 (3) of the statutes is amended to read:

AB383,40,10 51.87 (3) Purchase of services. A county department under s. 46.23, 51.42, or 51.437 may contract as provided under this section with public or private agencies in states bordering on Wisconsin to secure services under this chapter for persons who receive services through the county department, except that services may not be secured for persons committed under s. 971.14 or 971.17 ch. 975. Section 46.036 (1) to (6) applies to contracts entered into under this section by county departments under s. 46.23, 51.42, or 51.437.

AB383,57 Section 57. 55.043 (6) (bt) 8. of the statutes is amended to read:

AB383,40,15 55.043 (6) (bt) 8. To the attorney or guardian ad litem for the adult at risk who is the alleged victim named in the record, to assist in preparing for any proceeding under this chapter, ch. 975, 2011 stats., or ch. 48, 51, 54, 813, 971, or 975 pertaining to the alleged victim.

AB383,58 Section 58. 55.075 (intro.) of the statutes is amended to read:

AB383,40,18 55.075 Protective services or protective placement; petition. (intro.) Except as provided in s. 971.14 (6) (b) 975.38:

AB383,59 Section 59. 59.34 (2) (a) of the statutes is amended to read:

AB383,40,22 59.34 (2) (a) Notwithstanding s. 979.04 968.015 (3) and except as provided in par. (b), any person holding office under sub. (1) may also serve as an emergency medical technician, first responder or fire fighter.

AB383,60 Section 60. 59.40 (2) (c) of the statutes is amended to read:

AB383,41,3 59.40 (2) (c) Keep a criminal record and write in that record a history in every criminal action like the court record in civil actions and proceedings with references to the file where papers in the action can be found, to the minute record and to the information complaint record where indictments and informations complaints can be found.

AB383,61 Section 61. 66.0113 (3) (e) of the statutes is amended to read:

AB383,41,8 66.0113 (3) (e) A judgment may be entered under par. (d) if the summons or citation was served as provided under s. 968.04 (3) (b) 2. 969.22 (2) or by personal service by a county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district employee.

AB383,62 Section 62. 66.0114 (1) (a) of the statutes is amended to read:

AB383,42,8 66.0114 (1) (a) An action for violation of an ordinance or bylaw enacted by a city, village, town sanitary district or public inland lake protection and rehabilitation district is a civil action. All forfeitures and penalties imposed by an ordinance or bylaw of the city, village, town sanitary district or public inland lake protection and rehabilitation district, except as provided in ss. 345.20 to 345.53, may be collected in an action in the name of the city or village before the municipal court or in an action in the name of the city, village, town sanitary district or public inland lake protection and rehabilitation district before a court of record. If the action is in municipal court, the procedures under ch. 800 apply and the procedures under this section do not apply. If the action is in a court of record, it shall be commenced by warrant or summons under s. 968.04 969.20 or, if applicable, by citation under s. 778.25 or 778.26. A law enforcement officer may arrest the offender in all cases without warrant under s. 968.07 969.16. If the action is commenced by warrant the affidavit may be the complaint. The affidavit or complaint is sufficient if it alleges that the defendant has violated an ordinance or bylaw, specifying the ordinance or bylaw by section, chapter, title or otherwise with sufficient plainness to identify the ordinance or bylaw. The judge may release a defendant without a cash deposit or may permit him or her to execute an unsecured appearance bond upon arrest. In arrests without a warrant or summons a statement on the records of the court of the offense charged is the complaint unless the court directs that a formal complaint be issued. In all actions under this paragraph the defendant's plea shall be guilty, not guilty or no contest and shall be entered as not guilty on failure to plead. A plea of not guilty on failure to plead puts all matters in the case at issue, any other provision of law notwithstanding. The defendant may enter a not guilty plea by certified mail.

AB383,63 Section 63. 66.0139 (4) and (5) of the statutes are amended to read:

AB383,42,19 66.0139 (4) Except as provided in s. 968.20 (3) 175.27 (1), a 1st class city shall dispose of abandoned or unclaimed dangerous weapons or ammunition without a public auction 12 months after taking possession of them if the owner has not requested their return. Disposal procedures shall be established by ordinance or resolution and may include provisions authorizing an attempt to return to the rightful owner any dangerous weapons or ammunition which appear to be stolen or are reported stolen. If enacted, a disposal procedure shall include a presumption that if the dangerous weapons or ammunition appear to be or are reported stolen an attempt will be made to return the dangerous weapons or ammunition to the rightful owner. The dangerous weapons or ammunition are subject to sub. (5).

AB383,42,22 (5) A political subdivision may retain or dispose of any abandoned, unclaimed, or seized dangerous weapon or ammunition only under s. 968.20 ss. 175.27 and 968.625.

AB383,64 Section 64. 69.18 (2) (f) 3. of the statutes is amended to read:

AB383,43,5 69.18 (2) (f) 3. A person signing a medical certification under par. (b), (c), or (d) shall note on the certificate if the cause of death of the subject of the certificate is unknown, or undetermined or if the determination of the cause of death is pending and shall submit to the state registrar within 30 days after the pronouncement of death an amendment to the medical certification which satisfies the requirements of subd. 1., except that such amendment may exclude information which is unavailable pending the determination of an inquest under s. 979.04 968.015.

AB383,65 Section 65. 77.61 (12) (b) of the statutes is amended to read:

AB383,43,8 77.61 (12) (b) The immunity provided under par. (a) is subject to the restrictions under s. 972.085 967.18.

AB383,66 Section 66. 93.17 (2) of the statutes is amended to read:

AB383,43,11 93.17 (2) The immunity provided under sub. (1) is subject to the restrictions under s. 972.085 967.18.

AB383,67 Section 67. 102.13 (5) of the statutes is amended to read:

AB383,43,21 102.13 (5) The department may refuse to receive testimony as to conditions determined from an autopsy if it appears that the party offering the testimony had procured the autopsy and had failed to make reasonable effort to notify at least one party in adverse interest or the department at least 12 hours before the autopsy of the time and place it would be performed, or that the autopsy was performed by or at the direction of the coroner or medical examiner or at the direction of the district attorney for purposes not authorized by subch. I of ch. 968 or ch. 979. The department may withhold findings until an autopsy is held in accordance with its directions.

AB383,68 Section 68. 102.88 (1) and (2) of the statutes are amended to read:

AB383,44,3 102.88 (1) When a person is convicted of any violation of this chapter or of any department rule or order, and it is alleged in the indictment, information or complaint, and proved or admitted on trial or ascertained by the court after conviction that the person was previously subjected to a fine or forfeiture within a period of 5 years under s. 102.85, the person may be fined not more than $2,000 or imprisoned for not more than 90 days or both.

AB383,44,9 (2) When any person is convicted and it is alleged in the indictment, information or complaint and proved or admitted on trial or ascertained by the court after conviction that such person had been before subjected to a fine or forfeiture 3 times within a period of 3 years under s. 102.85 and that those convictions remain of record and unreversed, the person may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

AB383,69 Section 69. 103.10 (1m) (b) 1. of the statutes is amended to read:

AB383,44,12 103.10 (1m) (b) 1. "Domestic abuse" has the meaning given in s. 968.075 969.27 (1) (a).

AB383,70 Section 70. 110.001 (1m) of the statutes is amended to read:

AB383,44,15 110.001 (1m) "Law enforcement officer" has the meaning given in s. 967.02 (5) 967.025 (13).

AB383,71 Section 71. 110.07 (2m) of the statutes is amended to read:

AB383,45,4 110.07 (2m) In addition to the primary powers granted by subs. (1) and (2), any officer of the state traffic patrol shall have the powers of a peace officer under s. 59.28, except that the officer shall have the arrest powers of a law enforcement officer under s. 968.07 969.16, regardless of whether the violation is punishable by forfeiture or criminal penalty. A state traffic officer shall at all times be available as a witness for the state but may not conduct investigations for crimes under chs. 939 to 948 other than crimes relating to the use or operation of vehicles. The primary duty of a state traffic officer shall be the enforcement of chs. 340 to 351 or of any other law relating to the use or operation of vehicles upon the highway. No state traffic officer shall be used in or take part in any dispute or controversy between employer or employee concerning wages, hours, labor or working conditions; nor shall any such officer be required to serve civil process. The department may assign state traffic officers to safeguard state officers or other persons.

AB383,72 Section 72. 110.07 (4) of the statutes is amended to read:

AB383,45,17 110.07 (4) In addition to the primary powers granted by sub. (3), any inspector shall have the powers of a peace officer under s. 59.28, except that the inspector shall have the arrest powers of a law enforcement officer under s. 968.07 969.16, regardless of whether the violation is punishable by forfeiture or criminal penalty. An inspector shall at all times be available as a witness for the state but may not conduct investigations for crimes under chs. 939 to 948 other than crimes relating to the use or operation of vehicles. The primary duty of an inspector shall be the enforcement of the provisions specified in sub. (3). No inspector may be used in or take part in any dispute or controversy between employer or employee concerning wages, hours, labor or working conditions; nor may an inspector be required to serve civil process. The department may assign inspectors to safeguard state officers or other persons.

AB383,73 Section 73. 111.07 (2) (b) 2. of the statutes is amended to read:

AB383,45,20 111.07 (2) (b) 2. The immunity provided under subd. 1. is subject to the restrictions under s. 972.085 967.18.

AB383,74 Section 74. 125.14 (6) (a) of the statutes is amended to read:

AB383,46,2 125.14 (6) (a) Form of complaint. In a prosecution for a violation of a statute relating to the sale of alcohol beverages it is not necessary to allege in the complaint, information or indictment the kind or quantity of alcohol beverages sold or the person to whom it was sold. It is sufficient to allege generally that the defendant sold alcohol beverages at a time and place mentioned, together with a brief statement of the facts showing that the sale was a violation of this chapter.