AB1,28,54 907.01 (3) Not based on scientific, technical, or other specialized knowledge
5within the scope of a witness under s. 907.02 (1).
AB1, s. 35 6Section 35. 907.02 of the statutes is renumbered 907.02 (1) (intro.) and
7amended to read:
AB1,28,128 907.02 (1) (intro.) If scientific, technical, or other specialized knowledge will
9assist the trier of fact to understand the evidence or to determine a fact in issue, a
10witness qualified as an expert by knowledge, skill, experience, training, or education,
11may testify thereto in the form of an opinion or otherwise. if all of the following are
12true:
AB1, s. 36 13Section 36. 907.02 (1) (a), (b) and (c) of the statutes are created to read:
AB1,28,1414 907.02 (1) (a) The testimony is based upon sufficient facts or data.
AB1,28,1515 (b) The testimony is the product of reliable principles and methods.
AB1,28,1716 (c) The witness has applied the principles and methods reliably to the facts of
17the case.
AB1, s. 37 18Section 37. 907.02 (2) of the statutes is created to read:
AB1,28,2219 907.02 (2) Notwithstanding sub. (1), the testimony of an expert witness may
20not be admitted if the expert witness is entitled to receive any compensation
21contingent on the outcome of any claim or case with respect to which the testimony
22is being offered.
AB1, s. 38 23Section 38. 907.03 of the statutes is amended to read:
AB1,29,8 24907.03 Bases of opinion testimony by experts. The facts or data in the
25particular case upon which an expert bases an opinion or inference may be those

1perceived by or made known to the expert at or before the hearing. If of a type
2reasonably relied upon by experts in the particular field in forming opinions or
3inferences upon the subject, the facts or data need not be admissible in evidence in
4order for the opinion or inference to be admitted. Facts or data that are otherwise
5inadmissible may not be disclosed to the jury by the proponent of the opinion or
6inference unless the court determines that their probative value in assisting the jury
7to evaluate the expert's opinion or inference substantially outweighs their
8prejudicial effect
.
AB1, s. 39 9Section 39. 940.08 (1) of the statutes is amended to read:
AB1,29,1210 940.08 (1) Whoever Except as provided in sub. (3), whoever causes the death
11of another human being by the negligent operation or handling of a dangerous
12weapon, explosives or fire is guilty of a Class G felony.
AB1, s. 40 13Section 40. 940.08 (3) of the statutes is created to read:
AB1,29,1514 940.08 (3) Subsection (1) does not apply to a health care provider acting within
15the scope of his or her practice or employment.
AB1, s. 41 16Section 41. 940.24 (1) of the statutes is amended to read:
AB1,29,1917 940.24 (1) Whoever Except as provided in sub. (3), whoever causes bodily harm
18to another by the negligent operation or handling of a dangerous weapon, explosives
19or fire is guilty of a Class I felony.
AB1, s. 42 20Section 42. 940.24 (3) of the statutes is created to read:
AB1,29,2221 940.24 (3) Subsection (1) does not apply to a health care provider acting within
22the scope of his or her practice or employment.
AB1, s. 43 23Section 43. 940.295 (3) (a) 3. of the statutes is amended to read:
AB1,29,2524 940.295 (3) (a) 3. Abuses Except as provided in par. (am), abuses, with
25negligence, or neglects a patient or a resident.
AB1, s. 44
1Section 44. 940.295 (3) (am) of the statutes is created to read:
AB1,30,62 940.295 (3) (am) Paragraph (a) 3. does not apply to a health care provider
3acting in the scope of his or her practice or employment who commits an act or
4omission of mere inefficiency, unsatisfactory conduct, or failure in good performance
5as the result of inability, incapacity, inadvertency, ordinary negligence, or good faith
6error in judgment or discretion.
AB1, s. 45 7Section 45. Initial applicability.
AB1,30,108 (1) Crimes. The treatment of sections 940.08 (1) and (3), 940.24 (1) and (3), and
9940.295 (3) (a) 3. and (am) of the statutes first applies to acts or omissions committed
10on the effective date of this subsection.
AB1,30,1311 (2) Disclosure and release of records or information. The treatment of
12section 146.38 (1m), (2), (3) (d) and (e), and (3m) of the statutes first applies to
13disclosures or releases occurring on the effective date of this subsection.
AB1,30,1614 (3) Use of records or information. The treatment of section 146.38 (2) and
15(2m) of the statutes first applies to use of records or information on the effective date
16of this subsection.
AB1,30,2017 (4) Evidence. The treatment of section 904.16 of the statutes first applies to
18health care provider reports received, and statements of, or records of interviews
19with, employees of a health care provider obtained, on the effective date of this
20subsection.
AB1,31,221 (5) Civil actions. The treatment of sections 230.85 (3) (b), 802.10 (7), 809.103
22(2) (a), 814.04 (intro.), 814.29 (3) (a), 895.043 (6), 895.044, 895.045 (3), 895.046,
23895.047, and 907.03 of the statutes, the renumbering and amendment of sections
24895.043 (3), 907.01, and 907.02 of the statutes, and the creation of sections 895.043
25(3) (a) and (b), 907.01 (3), and 907.02 (1) (a), (b), and (c) and (2) of the statutes first

1apply to actions or special proceedings that are commenced or continued on the
2effective date of this subsection.
AB1, s. 46 3Section 46. Effective date.
AB1,31,54 (1) This act takes effect on the first day of the 2nd month beginning after
5publication.
AB1,31,66 (End)
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