LRBa1036/1
GMM:kmg&jrd:kaf
1995 - 1996 LEGISLATURE
ASSEMBLY AMENDMENT 39,
To 1995 ASSEMBLY BILL 130
May 24, 1995 - Offered by Representative Wood.
AB130-AA39,1,7
7"
Section 141m. 48.21 (2) (intro.) and (c) of the statutes are amended to read:
AB130-AA39,1,108
48.21
(2) (title)
Proceedings concerning runaway or delinquent children. 9(intro.) Proceedings concerning a child who comes within the jurisdiction of the court
10under s.
48.12 or 48.13 (7)
or (12) shall be conducted according to this subsection.
AB130-AA39,2,311
(c) Prior to the commencement of the hearing, the child shall be informed by
12the judge or juvenile court commissioner of the allegations that have been or may be
13made, the nature and possible consequences of this hearing as compared to possible
14future hearings,
the provisions of s. 48.18 if applicable, the right to counsel under s.
1548.23 regardless of ability to pay if the child is not yet represented by counsel, the
1right to remain silent, the fact that the silence may
not be
adversely considered by
2the judge or juvenile court commissioner, the right to confront and cross-examine
3witnesses and the right to present witnesses.".
AB130-AA39,2,10
9"
Section 279m. 48.345 (2) of the statutes is renumbered 48.345 (14) and
10amended to read:
AB130-AA39,2,1711
48.345
(14) If the judge finds that a child is in need of protection or services
12based on the fact that the child is a school dropout, as defined in s. 118.153 (1) (b),
13or based on habitual truancy, and the judge also finds that the reason the child has
14dropped out of school or is a habitual truant is a result of the child's intentional
15refusal to attend school rather than the failure of any other person to comply with
16s. 118.15 (1) (a), the judge, instead of or in addition to any other disposition imposed
17under
sub. (1) this section, may enter an order permitted under s.
48.342 938.342.".
AB130-AA39,2,19
19"
Section 290m. 48.355 (6m) of the statutes is created to read:
AB130-AA39,3,1420
48.355
(6m) Sanctions for violation of order: habitual truancy. (a) If a child
21who has been found in need of protection or services based on habitual truancy from
22school violates a condition specified under sub. (2) (b) 7., the court may order as a
23sanction any combination of the operating privilege suspension specified in this
24paragraph and the dispositions specified in s. 938.342 (1) (b) to (e) and (1m),
1regardless of whether the disposition was imposed in the order violated by the child,
2if at the dispositional hearing under s. 48.335 the court explained that condition to
3the child and informed the child of the possible sanctions under this paragraph for
4a violation. The court may order as a sanction suspension of the child's operating
5privilege, as defined under s. 340.01 (40), for not more than one year. If the child does
6not hold a valid operator's license under ch. 343, other than an instruction permit
7under s. 343.07 or a restricted license under s. 343.08, on the date of the order issued
8under this paragraph, the court may order the suspension to begin on the date that
9the operator's license would otherwise be reinstated or issued after the child applies
10and qualifies for issuance or 2 years after the date of the order issued under this
11paragraph, whichever occurs first. If the court suspends an operating privilege
12under this paragraph, it shall immediately take possession of the suspended license
13and forward it to the department of transportation with a notice stating the reason
14for and the duration of the suspension.
AB130-AA39,3,2215
(b) A motion for the imposition of a sanction under par. (a) may be brought by
16the person or agency primarily responsible for providing dispositional services to the
17child, the administrator of the school district in which the child is enrolled or resides,
18the district attorney, the corporation counsel or the court that entered the
19dispositional order. If the court initiates the motion, that court is disqualified from
20holding a hearing on the motion. Notice of the motion shall be given to the child,
21guardian ad litem, counsel, parent, guardian, legal custodian and all parties present
22at the original dispositional hearing.
AB130-AA39,3,2523
(c) Before imposing a sanction under par. (a), the court shall hold a hearing at
24which the child is entitled to be represented by legal counsel and to present evidence.
25The hearing shall be held within 15 days after the filing of a motion under par. (b).".
