LRBa1835/1
GMM:skg:ch
1995 - 1996 LEGISLATURE
SENATE AMENDMENT 14,
To SENATE SUBSTITUTE AMENDMENT 1,
To 1995 ASSEMBLY BILL 130
September 21, 1995 - Offered by Senator Adelman.
AB130-SSA1-SA14,1,55
48.02
(18m) "Truancy" has the meaning given in s. 118.16 (1) (c).".
AB130-SSA1-SA14,1,12
12"
Section 128m. 48.21 (2) (intro.) and (c) of the statutes are amended to read:
AB130-SSA1-SA14,2,3
148.21
(2) (title)
Proceedings concerning runaway or delinquent children. 2(intro.) Proceedings concerning a child who comes within the jurisdiction of the court
3under s.
48.12 or 48.13 (7)
or (12) shall be conducted according to this subsection.
AB130-SSA1-SA14,2,114
(c) Prior to the commencement of the hearing, the child shall be informed by
5the judge or juvenile court commissioner of the allegations that have been or may be
6made, the nature and possible consequences of this hearing as compared to possible
7future hearings,
the provisions of s. 48.18 if applicable, the right to counsel under s.
848.23 regardless of ability to pay if the child is not yet represented by counsel, the
9right to remain silent, the fact that the silence may not be adversely considered by
10the judge or juvenile court commissioner, the right to confront and cross-examine
11witnesses and the right to present witnesses.
AB130-SSA1-SA14,2,1613
48.21
(3) Proceedings concerning children in need of protection or
14services. (intro.) Proceedings concerning a child who comes within the jurisdiction
15of the court under s. 48.13 (1) to (5)
or, (8) to
(11) (11m) or (13) shall be conducted
16according to this subsection.".
AB130-SSA1-SA14,3,319
48.245
(2) (a) 6. a. That the child participate in a supervised work program if
20the child has attained the age of 12 and the county has a supervised work program
21in accordance with s.
48.34 48.345 (9) (a). The supervised work program shall be of
22a constructive nature designed to promote the rehabilitation of the child, shall be
23appropriate to the age level and physical ability of the child and shall be combined
24with counseling from a member of the staff of the county department or community
1agency or other qualified person. The program may not conflict with the child's
2regular attendance at school. Subject to subd. 6. c., the amount of work required shall
3be reasonably related to the seriousness of the child's offense.".
AB130-SSA1-SA14,3,198
48.32
(1) At any time after the filing of a petition for a proceeding relating to
9s.
48.12 or 48.13 and before the entry of judgment, the judge or juvenile court
10commissioner may suspend the proceedings and place the child under supervision
11in the child's own home or present placement. The court may establish terms and
12conditions applicable to the parent, guardian or legal custodian, and to the child,
13including any conditions specified in
subs. (1d), (1g) and sub. (1t). The order under
14this section shall be known as a consent decree and must be agreed to by the child
15if 12 years of age or older; the parent, guardian or legal custodian; and the person
16filing the petition under s. 48.25.
If the consent decree includes any conditions
17specified in sub. (1g), the consent decree shall include provisions for payment of the
18services as specified in s. 48.361. The consent decree shall be reduced to writing and
19given to the parties.".
AB130-SSA1-SA14, s. 220p
22Section 220p. 48.32 (1t) (b) 1. of the statutes is renumbered 48.32 (1t) (a) and
23amended to read:
AB130-SSA1-SA14,4,10
148.32
(1t) (a) The court or juvenile court commissioner may require a child to
2participate in a supervised work program, as a condition of the consent decree, if the
3child has attained the age of 12 and the county has a supervised work program in
4accordance with s.
48.34 48.345 (9) (a). The supervised work program shall be of a
5constructive nature designed to promote the rehabilitation of the child, shall be
6appropriate to the age level and physical ability of the child and shall be combined
7with counseling from a member of the staff of the county department or community
8agency or other qualified person. The program may not conflict with the child's
9regular attendance at school. Subject to
subd. 3.
par. (c), the amount of work required
10shall be reasonably related to the seriousness of the child's offense.
AB130-SSA1-SA14, s. 220r
11Section 220r. 48.32 (1t) (b) 2. and 3. of the statutes are renumbered 48.32 (1t)
12(b) and (c).".
AB130-SSA1-SA14,4,15
14"
Section 256m. 48.34 (9) (a), (b) and (c) of the statutes are renumbered 48.345
15(9) (a), (b) and (c).
AB130-SSA1-SA14,4,2018
48.345
(9) (d) Under this subsection, a court may not order a child who is 12
19or 13 years of age to perform more than 40 total hours of community service work
,
20except as provided in subs. (7m) and (7r).".
AB130-SSA1-SA14,4,23
22"
Section 276m. 48.345 (2) of the statutes is renumbered 48.345 (16) and
23amended to read:
AB130-SSA1-SA14,5,7
148.345
(16) If the judge finds that a child is in need of protection or services
2based on the fact that the child is a school dropout, as defined in s. 118.153 (1) (b),
3or based on habitual truancy, and the judge also finds that the reason the child has
4dropped out of school or is a habitual truant is a result of the child's intentional
5refusal to attend school rather than the failure of any other person to comply with
6s. 118.15 (1) (a), the judge, instead of or in addition to any other disposition imposed
7under
sub. (1) this section, may enter an order permitted under s.
48.342 938.342.".
AB130-SSA1-SA14,6,710
48.355
(6m) Sanctions for violation of order: habitual truancy. (a) If a child
11who has been found in need of protection or services based on habitual truancy from
12school violates a condition specified under sub. (2) (b) 7., the court may order as a
13sanction any combination of the operating privilege suspension specified in this
14paragraph and the dispositions specified in s. 938.342 (1) (b) to (f) and (1m),
15regardless of whether the disposition was imposed in the order violated by the child,
16if at the dispositional hearing under s. 48.335 the court explained that condition to
17the child and informed the child of the possible sanctions under this paragraph for
18a violation or if before the violation the child has acknowledged in writing that he or
19she has read, or has had read to him or her, that condition and those possible
20sanctions and that he or she understands that condition and those possible
21sanctions. The court may order as a sanction suspension of the child's operating
22privilege, as defined under s. 340.01 (40), for not more than one year. If the child does
23not hold a valid operator's license under ch. 343, other than an instruction permit
24under s. 343.07 or a restricted license under s. 343.08, on the date of the order issued
1under this paragraph, the court may order the suspension to begin on the date that
2the operator's license would otherwise be reinstated or issued after the child applies
3and qualifies for issuance or 2 years after the date of the order issued under this
4paragraph, whichever occurs first. If the court suspends an operating privilege
5under this paragraph, it shall immediately take possession of the suspended license
6and forward it to the department of transportation with a notice stating the reason
7for and the duration of the suspension.
AB130-SSA1-SA14,6,158
(b) A motion for the imposition of a sanction under par. (a) may be brought by
9the person or agency primarily responsible for providing dispositional services to the
10child, the administrator of the school district in which the child is enrolled or resides,
11the district attorney, the corporation counsel or the court that entered the
12dispositional order. If the court initiates the motion, that court is disqualified from
13holding a hearing on the motion. Notice of the motion shall be given to the child,
14guardian ad litem, counsel, parent, guardian, legal custodian and all parties present
15at the original dispositional hearing.
AB130-SSA1-SA14,6,1816
(c) Before imposing a sanction under par. (a), the court shall hold a hearing at
17which the child is entitled to be represented by legal counsel and to present evidence.
18The hearing shall be held within 15 days after the filing of a motion under par. (b).".
AB130-SSA1-SA14,7,5
151.15
(1) (a) (intro.) A law enforcement officer or other person authorized to
2take a child into custody under ch. 48
or 938 may take an individual into custody if
3the officer or person has cause to believe that such individual is mentally ill, drug
4dependent or developmentally disabled, and that the individual evidences any of the
5following:
AB130-SSA1-SA14,7,167
51.20
(1) (a) 2. b. Evidences a substantial probability of physical harm to other
8individuals as manifested by evidence of recent homicidal or other violent behavior,
9or by evidence that others are placed in reasonable fear of violent behavior and
10serious physical harm to them, as evidenced by a recent overt act, attempt or threat
11to do serious physical harm. In this subd. 2. b., if the petition is filed under a court
12order under s.
48.30 938.30 (5) (c) 1. or (d) 1., a finding by the court exercising
13jurisdiction under
ch. chs. 48
and 938 that the child committed the act or acts alleged
14in the petition under s.
48.12 or 48.13 (12) 938.12 or 938.13 (12) may be used to prove
15that the child exhibited recent homicidal or other violent behavior or committed a
16recent overt act, attempt or threat to do serious physical harm.".
