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The Plotkin Analysis: Daubert, earned release, castle doctrine, retail theft, access to juvenile records, hearsay at preliminary hearings

Now that the 2011-12 Legislative session has ended and all pending bills have been acted on by the Governor, I wanted to offer a brief list of the greatest hits in new legislation.

2011 Wisconsin Act 2 – Tort Reform

  • Sections 33-38 of Act 2 apply the federal Daubert rules regarding expert witnesses.
  • Act 2 took effect onFebruary 1, 2011.

2011 Wisconsin Act 38 – Repeal Earned Release

  • Act 38 repealed the provisions in 2009 Wisconsin Act 28 that created an Earned Release program for inmates.
  • Act 38 too
  • k effect on August 3, 2011 and applies to anyone sentenced between October 1, 2009 and August 2, 2011.

2011 Wisconsin Act 94 – Castle Doctrine

  • Act 94 creates a presumption of self-defense when using deadly force to defend property.
  • Act 94 took effect on December 21, 2011.

2011 Wisconsin Act 174 – Retail Theft

  • Act 174 reduces the threshold for felony retail theft from $2500 worth of merchandise to $500.
  • Act 174 took effect April 17, 2012.

2011 Wisconsin Act 270 – Law Enforcement Access to Juvenile Records

  • Act 270 allows access to juvenile court records, excluding medical and psychological records, to law enforcement when they are investigating alleged criminal activity.
  • Act 270 also provides this information, via electronic access to CCAP, for SPD attorneys and staff.
  • Act 270 took effect on April 24, 2012.

2011 Wisconsin Act 285 – Allowing Hearsay at Preliminary Hearings

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