1975 AB 269

Transcription
STATEMENT OF COMPLIANCE FORM CPR 11 State of Wisconsin PUBLIC RECORDS BOARD AGENCY LEGISLATIVE REFERENCE BUREAU DIVISION DATE 8-23-84 REEL NUMBER RECORD SERIES Drafting Records I certify that the film listed above complies with the mini- mum standards of quality for permanent photographic re- cords, as established by the Public Records Board and that the film was processed and developed in accordance with minimum standards established by the Board. DISPOSAL AUTHORIZATION NUMBER 130/76-1 I certify pursuant to Section 16.61 (7) Wisconsin Stat- utes, that this records series has been photographed on the reels of film listed above. Form CPR 10 FILM DEVELOPER AND PROCESSOR Dr. H. Rurt Theobald, Chief Legislative Reference Bureau Madison, Wis. 53732 Dr. H. Rupert Theobald, Chief HEAD OF AGENCY OR DESIGNATED REPRESENTATIVE REEL NUMBER CAMERA (TYPE) DIETZGEN STEP & REPENT State of Wisconsin PUBLIC RECORDS BOARD CAMERA OPERATOR'S CERTIFICATE REDUCTION RATIO 42:1 (MODEL) DISPOSAL AUTHORIZATION NUMBER 130/76-1 (SERIAL NUMBER) TITLE OF RECORD SERIES LEGISLATIVE REFERENCE BUREAU AGENCY LEGISLATIVE REFERENCE BUREAU ROLL BEGINS WITH I certify that I have on this day of 8-23.1984. photographed the above described documents in accordance with the standards and procedures established by Section 16.61 of the Wisconsin Statutes. 1975 Assembly Bills 204 ROLL ENDS WITH CAMERA 274 CAMERA OPERATOR SE --- A 3 4 5 6 7 IL 1975 ASSEMBLY BIUS 264-274 Cert Map -AB264 9 10 11 12 13 14 15 16 17 18 19 20 22 21 22 22 23 24 25 25 28 28 29 30 31 32 33 34 35 36 37 38 39 40 40 42 41 43 44 45 46 47 48 50 49 50 B C 26 27 51 53 52 52 53 54 55 56 57 58 59 60 61 62 62 63 19 64 65 65 66 68 69 to 11 to to to to D 16 57 58 59 80 85 56 57 50 37 48 49 500 E 161 162 193 164 165 166 167 168 169 140 141 12 13 14 15 16 17 18 119 120 121 122 123 124 125 L F 126 127 128 129 130 151 152 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 -AB265 JIL 150 G 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 AB266 175 H 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 LL AB267 200 I 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 AB268 225 J 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 LL AB 269 250 k 251 252 258 234 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 LL AB270 275 L 281 (282) 272 AB273 M 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 AB 271 L 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 Cert BLANK 300 AB274 --- 1975 -7 LRB-318/1 LR: jh 1 or an information is filed. 2 SECTION 17. 940.04 of the statutes is repealed. 3 4 5 6 7 8 9 10 SECTION 18. 944.005 of the statutes is created to read: 944.005 PRIVACY OF SEXUAL ACTS. All sexual acts between con senting parties are private and are not subject to the criminal laws of this state, except that no person under the age of 14 years shall be deemed to consent to any sexual act with any person 14 years of age or over. SECTION 19. 944.06 of the statutes is repealed. SECTION 20. 944.10 of the statutes is repealed and recreated 11 to read: 12 13 14 15 16 17 944.10 SEXUAL INTERCOURSE WITH A CHILD. Any person 18 years of age or over who has sexual intercourse with a minor who he knows is not his spouse may be penalized as follows: (1) If the minor is under the age of 14, imprisonment not to exceed 3 years; or (2) If the minor is under the age of 12, impri ment not to 18 exceed 5 years. 19 SECTION 21. 20 21 23 24 25 26 22222 SECTION 22. 944.11 (1) of the statutes is repealed. 944.11 (2) and (3) of the statutes are renumbered 944.11 (1) and (2) and amended to read: 944.11 (1) Whoever takes indecent liberties with the privates of any person under the age of 18 14; or (2) Whoever consents to the indecent use of his own privates by any person under the age of 18 14. SECTION 23. 944.12 of the statutes is amended to read: --- 1975 -8 LRB-318/1 LR: jh T 2 3 4 5 6 7 8 9 944.12 ENTICING A CHILD FOR IMMORAL PURPOSES. Any person 18 years of age or over, who, with intent to commit a crime against sexual morality, persuades or entices any child under 18 14 years of age into any vehicle, building, room or secluded place may be imprisoned not more than 10 5 years. SECTION 24. 944.13 of the statutes is created to read: 944.13 INCEST WITH A CHILD. Any person 18 years of age or over who has sexual intercourse with a child under 14 years of age whom he knows to be a blood relative nearer of kin than second cousin may be fined not more than $200 or imprisoned not more than 6 11 months or both. Relationship under this section shall be computed by the rule of civil law, whether the parties are of the half or of the whole blood. 10 12 13 14 15 16 2 2 2 2 2222222 SECTION 25. SECTION 26. 944.15 to 944.17 of the statutes are repealed. 944.20 to 944.25 of the statutes are repealed. SECTION 27. 944.30 of the statutes is repealed and recreated 17 18 19 20 21 23 24 25 26 to read: 944.30 PROMOTION OF PROSTITUTION. Whoever knowingly promotes prostitution of another under any of the following circumstances may be imprisoned not to exceed 3 years: (1) Compels another to engage in prostitution. (2) Promotes prostitution of a person under the age of 14. (3) Promotes prostitution of his minor child, ward or any person for whose care, protection or support he is responsible. SECTION 28. 944.31 to 944.35 of the statutes are repealed. SECTION 29. 947.01 (1) of the statutes is amended to read: --- 1975 1 2 3 4 5 6 7 8 → LRB-318/1 LR: jh 947.01 (1) In a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or other- wise disorderly conduct under circumstances in which such conduct tends to cause or provoke a disturbance; or SECTION 30. 979.20 (2) (d) of the statutes is repealed. SECTION 31. 979.20 (2) (e) to (h) of the statutes are renum bered 979.20 (2) (d) to (g). (End) --- LRB-legal-74 DRAFTING REQUEST Received by Assign to PD Reviewed by KG LRB 318 Date Rec'd Oct 18 Wanted S A Bill Jt. Res. Res. Sub. Amdt. Amdt. SUBJECT reped Consensed sex crimes INDEX Criminal Code FOR BARBEE Instructions by him Extra Copies Representing INSTRUCTIONS: 1973 AB 442 - A Sub Am/ plus eleminate all absenity laws, all contraceptive, obertem and make incest a gros. tetuten laus mis de mean minors only Reped all proibits against relation gething maried, 1st Attorney LR 2nd 3rd 4th 5th 6th Typist Proofed mblity Submitted Delivered FN Yes No Yes No Yes No Yes No Yes No Yes No FN sent for Received JACKET: (Signature) FN submitted Requested ORIGINAL draft: T. Barkee (Signature) --- 1973 STATE OF WISCONSIN LRB-7688/1 PD:hs ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1973 ASSEMBLY BILL 442 CRB 318 LR: :1 Supist cheek title to / 1 944. 2552 3 4 5 6 7 8 9 10 11 Insert 12 13 14 15 16 17 18 October 25, 1973 Offered by Representative BARBEE. I'm Alter 939.22 (241), 940.04, 944.06, 247.02(3), 280.16, 448.18(1)(a), AN ACT to repeal 269.565,450.11,944.11 (1), 944.15 to 944.17, 944.20 22944.25 and 979,20 (2d) 944.31 to 944.35 59.456(6) and 944.13' to renumber and amend 944.11 (2) and (3); to amend 165.60, 165.70 (1) (b), 245.03(1), 247.03(2), 93974 and 947.011); 245.01,343.06 (11), 343.30 (2d)944.12 to repeal and recreate 944.10 and 944.30; and to create 944.005 of the statutes, relating repealing obscenity, abortion and prestitution laws, to reducing the age of consent to 14, abolishing criminal sanctions first cousins and against certain consensual sexual acts, permitting persons of the same sex to marry and repealing prohibitions against advertising of indecent articles. Insert Analysis The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: 2 SECTION. 165.60 of the statutes is amended to read: 165.60 LAW ENFORCEMENT. The division of criminal investigation is authorized to may enforce s. 66.054 and chs. 139 and 176, ss. 944.30, 944.31, 944.33, 944.34, 945.02 (2), 945.03 and 945.04 and shall be invested with the powers conferred by law upon sheriffs and municipal police officers in the performance of such duties. Noth- ing herein in this section shall deprive or relieve sheriffs, con- to renumber 448. 18 (1) (b) to (g) and 979. 20 (2)(e) to (h);< --- 1973 1 2 3 4 5 6 7 -2-- LRB-7688/1 PD:hs stables and other local police officers of the power and duty to enforce said sections, and such officers shall likewise anforce said sections. 3 SECTION 165.70 (1) (b) of the statutes is amended to read: 165.70 (1) (b) Enforce chs. 161, 164 and 945 and ss. 940.206, 943.01 (2) (c), 943.27, 943.28, 943.30, 944.30, 944.31, 944.32, 944.33, 944.34, 946.65 and 947.02 (3) and (4); 4 SECTION 245.01 of the statutes is amended to read: 245.01 A CIVIL CONTRACT. Marriage, so far as its validity at 9 10 law is concerned, is a civil contract, to which the consent of the 11 parties capable in law of contracting is essential, and which creates the legal status of husband and wife married persons. Per- 12 13 Insert B 14 Insert C sons of the same sex may enter this contract with each other. 7 SECTION. 269.565 SECTION # 9 of the statutes is repealed. SECTION. 343.06 (11) of the statutes is amended to read: 343.06 (11) To any person who has been convicted of any 944.10 (2) and (3), 16 17 offense specified under ss. 944.01, 944.02, 18 944.117 and 944.12 and 944.17 or adjudged delinquent under ch. 48 92222222 19 20 21 for a like or similar offense, when the sentencing court makes finding that issuance of a license will be inimical to the public license safety and welfare. Such prohibicion against issuance of a a to said offenders shall apply forthwith upon receipt of a record of 23 such conviction and such court finding by the administrator, for a 24 period of one year or until discharge from any jail or prison sen- 25 26 tence or any period of probation or parole with respect to offenses specified, whichever date is the later. Receipt by such the --- ANALYSIS Mosaveturette which prohibited the solo of contraceptives to unmonal persons This bill revises a number of statutes relating to xxxx marriage, sexual practices, contraception and be obscenity in the following ways: 445.438 1) It permits persons of the same sex and persons nearer of kin than second cousins to marry. Such marriages are prohib- ited under current law. 2) It repeals the prohibition against advertisement of con- traceptives and sale of contraceptives to unmarried persons. (The Later provision waxxx n the law of another seat was declared unconstitutional by the fox Supreme Court in 1972 in xxx Eisenstadt v. Baird. 3) It repeals all obscenity laws. United States 4) It repeals all abortion laws, thus bringing witoonisin tam into compliance with the 1973 United States Supreme Court decisions. Roe v. Wade and Doe v. Bolton, about which the Wisconsin Artorney General sa "these decisions have effectively rendered unconstitu tional and unemoreeable the Wisconsin abortion statute 5) It reduces the age of consent from 18 to 14, and reduces the penalty for statutory rape from a maximum of 30 years to a max- imum of 5 years. 6) It removes criminal penalties for incest, except that an adult who commits incest with a person under the age of con- sent is guilty of a misdemeanor. 7) It repeals all laws prohibiting prostitution except that anyone who compels another ɓo engage in prostitution or who promotes the prostitution of a person under the age of consent or a person who is his ward may be imprisoned for up to 3 years. 8) It repeals all laws prohibiting xxжзЕжия consensual sex acts and provides that such acts are private matters not subject to the criminal law. (The provision prohibiting the sale of contraceptives to unmarried persons was declared unconstitutional in et.al, case no. 71-6-254 Baird v. Lynch, decided by a 3- judge district for the western District of Wisconsin court on November 26, 1974.) Λ --- INSERT A SECTION 1. 59.456 59.456 (6) of the statutes is amended to read: (6) It is the responsibility of the district attor ney after September 24, 1965, te institute.com mence or appear in all civil actions or special proceedings under ss. 52.10269.565 and 971.14, and in all actions or proceedings in the criminal- branches of the county and circuit courts which are related to or part of criminal prosecutions, and perform all appropriate duties and appear whenever he may be designated in matters with- in chs. 292, 976 and 979 and ss. 51.81 to 51.85, except that he shall not appear in matters under s. 292.01 (2). The district attorney is also auther- ised to appear in children's court matters involv ing delinquency or neglect, or contributing to either, or violation of traffic laws or ordinances, except that in any such matter the corporation counsel shall appear instead of the district attor- ney at the request of the court if the presiding judge considers that the interests of justice would be more adequately served thereby; and the district attorney is further authorized to ap- pear in children's court in connection with other matters as requested by the judge. In addition thereto, whenever requested by the county board the district attorney shall prosecute all violations of county ordinances before any of the courts of his county. The Shall 7 may - may INSERT B SECTION 5. 245.03 SECTION 6. 245.03 (1) of the statutes is amended to read: (1) No marriage shall be contracted while either of the parties has a husband or wife living nor between persons who are nearer of kin than-second cousins excepting that mar- riage may be contracted between first cousins where the female has attained the age of 55 years. Relationship under this section shall be computed by the rule of the civil law, whether the parties to the marriage are of the half or of the whole blood. A marriage may not be con- tracted if either party has such want of under- standing as renders him incapable of assenting to marriage whether by reason of insanity, idio- cy or other causes. 247.02 (3) of the statutes is repealed. SECTION GM. AM; 247.03 (2) INSERT C See insert "6m". SECTION 8. 280.16 of the statutes is repealed. --- INSERT D SECTION 11. 448.18 (1) (a) of the statutes is repealed. SECTION 12. 448.18 (1)(b) to (g) of the statutes are renumbered 448.48 (1)(a) to (f). INSERT E SECTION 14. 885.18 (4) of the statutes is amended to read: 885.48 (4) Where such povale communication re- lanes to a charge of pandering or 14 SECTION 5. 939.22 (24) of the statutes is repealed. SECTION 16. 940.04 of the statutes is repealed. INSERT F SECTION 18. 944.06 of the statutes is repealed. INSERT G SECTION 23. 944.13 of the statutes is created to read: 944,13. INCEST WITH A CHILD. Any person 18 years of age or over who has sexual intercourse with a child under 14 years of age whom he knows to be a blood relative nearer of kin than second cousin may be fined not more than $200 or imprisoned not more than 6 months or both. Relationship under this section shall be computed by the rule of civil law, whether the parties are of the half or of the whole bm blood. SECTION 15.939.74(1) of the statutes is amended to read: 939.70 (1) Except as provided in sub. (2), prosecution for a felony must be commenced within 6 years and prosecution for a misdemeanor -or-for adultery within 3 years after the commission thereof. Within the meaning of this section, a prosecution has commenced when a warrant or summons is issued, an indictment is found, or an information is filed --- Insert "CM" 318/1 SECTION 6. 247.03(2) of the statutes is amended to read: 247.03 (2) Except as otherwise provided in this sub- section, such actions specified in sub. (1) (a) to (d) shall be commenced within a period of 10 years after the cause of action arose. The pro- visions of ss. 893.33, 893.37 and 893.38 relat- ing to limitations of commencement of actions by persons under disability shall apply to ac- tions affecting marriage under this chapter. An action for annulment-under-s-247.02 (3) may be commenced at any time while either of the parties has a husband or wife living. In an ac- tion for divorce the court. in determining whether the action can be maintained after said 10-year period, may make such order ex- cluding any time. during which either party has been committed as a patient in a mental institution, from the computation of said peri- od as in its discretion shall be found just and reasonable after considering the respective eq- uities of the parties and the liability under s 46.10 for future maintenance of the patient who has been so committed. --- Le Barb LEGISLATIVE REFERENCE BUREAU 201 North, State Capitol, l'adison, Wisconsin 53702 Relating to LRE drafting number 3181, The attached draft is submitted for your inspection. Please check each nart carefully and sign on the appropriate line below to indicate whether additional changes are to be incorporated (a revised draft will then be submitted for your approval) or whether you approve the draft for jacketing. If the draft is stamped FISCAL NOTE REQUIRED because it increases or decreases state revenues or expenditures, you have the option to submit it for a fiscal note now, prior to introduction, or to introduce it without the note in thich case it will be submitted automatically upon introduction. It takes about one week to obtain a fiscal note. Only the legislator who authorized preparation of the draft can direct that the draft le jacketed. Please allow one day for the preparation of the required copies. 1. Redraft; see changes attached 2. Obtain fiscal note now, prior to introduction 3. Jacket the draft for introduction 1 --- 1975 ASSEMBLY BILL 269 --- LRB FILE COPY (Return to Room 215 North) ASSEMBLY BILL 269 2/5/75 Introduced by Representative Barber and Representatives Clareback Cosponsored by Senator Committee on By request of Referred to Committee on Judiuuary 318 --- 1975 STATE OF WISCONSIN LRB-318/1. LR: jh 1 2 3 4 5 6 7 8 9 10 11 12 13 14 (a), AN ACT to repeal 247.02 (3), 269.565, 280.16, 448.18 (1) 450.11, 939.22 (24), 940.04, 944.06, 944.11 (1), 944.15 to 944.17, 944.20 to 944.25, 944.31 to 944.35 and 979.20 (2) (d); to renumber 448.18 (1) (b) to (g) and 979.20 (2) (e) to (n); to renumber and amend 944.11 (2) and (3); to amend 59.456 (5), 165.60, 165.70 (1) (b), 245.01, 245.03 (1), 247.03 (2), 343.06 (11), 343.30 (2d), 939.74 (1), 944.12 and 947.01 (1); to repeal and recreate 944.10 and 944.30; and to create 944.005 and 944.13 of the statutes, relating to reducing the age of consent to 14, repealing obscenity, abortion and prostitution laws, abolishing criminal sanctions against certain consensual sexual acts, permitting first cousins and persons of the same sex to marry and repealing prohibitions against advertising of indecent articles. Analysis by the legislative Reference Bureau This bill revises a number of statutes relating to marriage, sexual practices, contraception and obscenity in the following ways: 1) It permits persons of the same sex and persons nearer of kin than second cousins to marry. Such marriages are prohibited under current law. 2) It repeals the prohibition against advertisement of --- 1975 1 2 3 -2- LRB-318/1 LR: jh contraceptives and sale of contraceptives to unmarried persons. (The provision prohibiting the sale of contraceptives to unmarried persons was declared unconstitutional in Baird v. Lynch et. al, case no. 71-c-254, decided by a 3-judge district court for the Western District of Wisconsin on November 26, 1974.) 3) It repeals all obscenity laws. 4) It repeals all abortion laws. 5) It reduces the age of consent from 18 to 14, and reduces the penalty for statutory rape from a maximum of 30 years to a maxi- mum of 5 years. 6) It removes criminal penalties for incest, except that an adult who commits incest with a person under the age of consent is guilty of a misdemeanor. 7) It repeals all laws prohibiting prostitution except that anyone who compels another to engage in prostitution or who promotes the prostitution of a person under the age of consent or a person who is his ward may be imprisoned for up to 3 years. 8) It repeals all laws prohibiting consensual sex acts and provides that such acts are private matters not subject to the crim- inal law. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: Commence or 52.107 4 5 SECTION 1. 59.456 (6) of the statutes is amended to read: 59.456 (6) * is the responsibility of the The district attor- 6 ney, after September 24, 1965, to shall institute, 7 appear in all civil actions or special proceedings under ss. 8 9 10 11 12 12 13 14 15 269.565 and 971.14, and in all actions or proceedings in the crim inal branches of the county and circuit courts which are related to or part of criminal prosecutions, and to perform all appropriate duties and appear whenever he may be designated in matters within chs. 292, 976 and 979 and ss. not appear in matters under s. 51.81 to 51.85, except that he shall 292.01 (2). The district attorney is also authorized to may appear in children's court matters involv ing delinquency or neglect, or contributing to either, or violation --- 1975 -3- LRB-318/1 LR: jh 1 2 3 4 5 6 7 8 9 10 11 of traffic laws or ordinances, except that in any such matter the corporation counsel shall appear instead of the district attorney at the request of the court if the presiding judge considers that the interests of justice would be more adequately served thereby; and the district attorney is further authorized to may appear in children's court in connection with other matters as requested by the judge. In addition thereto, whenever requested by the county board the district attorney shall prosecute all violations of county ordinances before any of the courts of his county. SECTION 2. 165.60 of the statutes is amended to read: 165.60 LAW ENFORCEMENT. The division of criminal investigation 12 is authorized to may enforce s. 66.054 and chs. 139 and 176, SS. 13 944.30, 944.31, 944.33, 944.34, 945.02 (2), 945.03 and 945.04 and 14 shall be invested with the powers conferred by law upon sheriffs and municipal police officers in the performance of such duties. Noth- 16 ing herein in this section shall deprive or relieve sheriffs, con- 17 stables and other local police officers of the power and duty to 18 enforce said sections, and such officers shall likewise enforce said 15 22222222222 19 20 21 23 24 25 26 sections. SECTION 3. 165.70 (1) (b) of the statutes is amended to read: 165.70 (1) (b) Enforce chs. 161, 164 and 945 and ss. 940.206, 943.01 (2) (c), 943.27, 943.28, 943.30, 944.30, 944.31, 944.32, 944.33, 944.34, 946.65 and 947.02 (3) and (4); SECTION 4. 245.01 of the statutes is amended to read: 245.01 A CIVIL CONTRACT. Marriage, so far as its validity at law is concerned, is a civil contract, to which the consent of the --- 1975 LRB-318/1 LR: jh 1 2 3 4 5 6 7 8 9 parties capable in law of contracting is essential, and which creates the legal status of husband and wife married persons. Per- sons of the same sex may enter this contract with each other. SECTION 5. 245.03 (1) of the statutes is amended to read: 245.03 (1) No marriage shall be contracted while either of the parties has a husband or wife living, nor between persons who are nearer of kin then second cousins excepting that marriage may be contracted between first cousins where the female has attained the age of 55 years. Relationship under this section shall be computed by the rule of the civil law, whether the parties to the marriage are of the half or of the whole blood. A marriage may not be con- tracted if either party has such want of understanding as renders him incapable of assenting to marriage whether by reason of insan- 14 ity, idiocy or other causes. 10 11 12 13 15 16 17 18 SECTION 6. 247.02 (3) of the statutes is repealed. SECTION 7. 247.03 (2) of the statutes is amended to read: 247.03 (2) Except as otherwise provided in this subsection, such actions specified in sub. (1) (a) to (d) shall be commenced 19 within a period of 10 years after the cause of action arose. The provisions of ss. 893.33, 893.37 and 893.38 relating to limitations SA 92222222222 20 21 23 24 25 26 of commencement of actions by persons under disability shall apply to actions affecting marriage under this chapter. An action for annulment under 9 247.02 (3) may be commenced at any time while either of the parties has a husband or wife living. In an action for divorce the court, in determining whether the action can be maintained after said 10-year period, may make such order excluding --- 1975 -5- LRB-318/1 LR: jh 4 5 46.10 1 2 3 any time, during which either party has been committed as a patient in a mental institution, from the computation of said period as in its discretion shall be found just and reasonable after considering the respective equities of the parties and the liability under S. for future maintenance of the patient who has been so commit- 6 ted. 7 SECTION 8. 269.565 of the statutes is repealed. 8 SECTION 9. 9 10 11 12 13 14 280.16 of the statutes is repealed. SECTION 10. 343.06 (11) of the statutes is amended to read: 343.06 (11) To any person who has been convicted of any offense specified under SS. 944.01, 944.02, 944.10 (2) and (3), 944.11 and 944.12 and 944.17 or adjudged delinquent under ch. 48 for a like or similar offense, when the sentencing court makes a finding that issuance of a license will be inimical to the public 15 safety and welfare. Such prohibition against issuance of a license 16 17 to said offenders shall apply forthwith upon receipt of a record of such conviction and such court finding by the administrator, for a period of one year or until discharge from any jail or prison sen tence or any period of probation or parole with respect to the 20 offenses specified, whichever date is the later. Receipt by such 18 19 A 2 2 2 2222222 21 offender of a certificate of discharge from the department of health and social services or other responsible supervising agency shall, 23 after one year has elapsed since said prohibition began, entitle the 24 holder thereof to apply for an operator's license. Such applicant 25 26 may be required to present his certificate of discharge to the administrator if the latter deems it necessary. --- 1975 66 LRB-318/1 LR: jh 1 2 3 4 5 6 7 8 9 10 11 SECTION 11. 343.30 (2d) of the statutes is amended to read: 343.30 (2d) A court may suspend or revoke a person's operating privilege upon conviction of any offense specified under SS. 944.01, 944.02, 944.10 (2) and (3), 944.11, and 944.12 and 944.17, when the court finds that it is inimical to the public safety and welfare for the offender to have operating privileges. The suspen- sion or revocation shall be for one year or until discharge from prison or jail sentence or probation or parole with respect to the offenses specified, whichever date is later. Receipt of a certif- icate of discharge from the department of health and social services or other responsible supervising agency shall, after one year has 12 elapsed since such suspension or revocation, entitle the holder thereof to reinstatement of his operating privileges. He may be required to present such certificate to the administrator if the latter deems necessary. 13 14 15 16 17 18 2 2 2 2 2222222 SECTION 12. 448.18 (1) (a) of the statutes is repealed. SECTION 13. 448.18 (1) (b) to (g) of the statutes are renum bered 448.48 (1) (a) to (f). SECTION 14. 450.11 of the statutes is repealed. 939.22 (24) of the statutes is repealed. 19 20 21 23 SECTION 15. SECTION 16. 939.74 (1) of the statutes is amended to read: a 939.74 (1) Except as provided in sub. (2), prosecution for felony must be commenced within 6 years and prosecution for a mis- 24 .demeanor or for adultery within 3 years after the commission 25 26 thereof. Within the meaning of this section, a prosecution has con- menced when a warrant or summons is issued, an indictment is found, ---

Notes

Folder Details

Collection
Catalog Record
Call Numbers

None

Finding Aid
Citation
None
Item Type

PDF

Repository
Folder
People

Related Items