Amendment ASA1-AB14

LRBs0082/1

GMM:mfd:km

1997 - 1998 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1997 ASSEMBLY BILL 14

March 6, 1997 - Offered by Committee on Children and Families.

AB14-ASA1,1,4 An Act to amend 118.125 (2) (cg), 118.125 (2) (L), 165.55 (14), 938.396 (1) and 938.78 (2) (b) 1.; and to create 118.125 (2) (ch), 165.55 (15), 938.396 (1m) (d), 938.396 (1x) and 938.396 (2) (g) of the statutes; relating to: access to juvenile records and pupil records by a fire investigator.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB14-ASA1, s. 1 Section 1. 118.125 (2) (cg) of the statutes is amended to read:

AB14-ASA1,1,11 118.125 (2) (cg) The school district clerk or his or her designee shall provide a law enforcement agency with a copy of a pupil's attendance record if the law enforcement agency certifies in writing that the pupil is under investigation for allegedly committing a criminal or delinquent act and that the law enforcement agency will not further disclose the pupil's attendance record except as permitted under s. 938.396 (1) to (1r) (1x).

AB14-ASA1, s. 2 Section 2. 118.125 (2) (ch) of the statutes is created to read:

AB14-ASA1,2,7 118.125 (2) (ch) The school district clerk of his or her designee shall provide a fire investigator under s. 165.55 (15) with a copy of a pupil's attendance record if the fire investigator certifies in writing that the pupil is under investigation under s. 165.55, that the pupil's attendance record is necessary for the fire investigator to pursue his or her investigation and that the fire investigator will use and further disclose the pupil's attendance record only for the purpose of pursuing that investigation.

AB14-ASA1, s. 3 Section 3. 118.125 (2) (L) of the statutes is amended to read:

AB14-ASA1,2,12 118.125 (2) (L) A school board shall disclose the pupil records of a pupil in compliance with a court order under s. 48.345 (12) (b), 938.34 (7d) (b), 938.396 (1m) (c) or (d) or 938.78 (2) (b) 2. after making a reasonable effort to notify the pupil's parent or legal guardian.

AB14-ASA1, s. 4 Section 4. 165.55 (14) of the statutes is amended to read:

AB14-ASA1,3,6 165.55 (14) The state fire marshal, any deputy fire marshal or, any fire chief or his or her designee may require an insurer, including the state acting under ch. 619, to furnish any information in its possession relating to a fire loss involving property with respect to which a policy of insurance issued or serviced by the insurer may apply. Any insurer, including the state, may furnish to the state fire marshal, any deputy fire marshal or, any fire chief or designee information in its possession relating to a fire loss to which insurance issued by it may apply. In the absence of fraud or malice, no insurer furnishing information under this subsection, state fire marshal, deputy fire marshal or, fire chief or designee, and no person acting on behalf of the insurer, state fire marshal, deputy fire marshal or , fire chief or designee, shall be liable in any civil or criminal action on account of any statement made, material furnished or action taken in regard thereto. Information furnished by an insurer under this subsection shall be held in confidence by the state fire marshal, deputy fire marshal or, fire chief or designee and all subordinates until release or publication is required pursuant to a civil or criminal proceeding. Information obtained by the state fire marshal, any deputy fire marshal or, fire chief or designee during their investigations of fires determined to be the result of arson may be available to the insurer of the property involved.

AB14-ASA1, s. 5 Section 5. 165.55 (15) of the statutes is created to read:

AB14-ASA1,3,13 165.55 (15) The state fire marshal, any deputy fire marshal, any fire chief or his or her designee may obtain information relating to a juvenile from a law enforcement agency, a court assigned to exercise jurisdiction under chs. 48 and 938 or an agency, as defined in s. 938.78 (1), as provided in ss. 938.396 (1x) and (2) (g) and 938.78 (2) (b) 1. and may obtain information relating to a pupil from a public school as provided in ss. 118.125 (2) (ch) and (L) and 938.396 (1m) (d).

AB14-ASA1, s. 6 Section 6. 938.396 (1) of the statutes is amended to read:

AB14-ASA1,3,24 938.396 (1) Law enforcement officers' records of juveniles shall be kept separate from records of adults. Law enforcement officers' records of juveniles shall not be open to inspection or their contents disclosed except under sub. (1b), (1d), (1g), (1m), (1r) or, (1t) or (1x) or s. 938.293 or by order of the court. This subsection does not apply to representatives of the news media who wish to obtain information for the purpose of reporting news without revealing the identity of the juvenile involved, to the confidential exchange of information between the police and officials of the school attended by the juvenile or other law enforcement or social welfare agencies or to juveniles 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction.

AB14-ASA1, s. 7 Section 7. 938.396 (1m) (d) of the statutes is created to read:

AB14-ASA1,4,9 938.396 (1m) (d) On petition of a fire investigator under s. 165.55 (15) to review pupil records, as defined in s. 118.125 (1) (d), other than pupils records that may be disclosed without a court order under s. 118.125 (2) or (2m), for the purpose of an investigation under s. 165.55, the court may order the school board of the school district in which a juvenile is enrolled to disclose to the fire investigator the pupil records of that juvenile as necessary for the fire investigator to pursue his or her investigation. The fire investigator may use the pupil records only for the purpose of pursuing his or her investigation and may make the pupil records available only to employes of the fire investigator who are working on the investigation.

AB14-ASA1, s. 8 Section 8. 938.396 (1x) of the statutes is created to read:

AB14-ASA1,4,16 938.396 (1x) If requested by a fire investigator under s. 165.55 (15), a law enforcement agency may, subject to official agency policy, disclose to the fire investigator any information in its records relating to a juvenile as necessary for the fire investigator to pursue his or her investigation under s. 165.55. The fire investigator may use and further disclose the information only for the purpose of pursuing that investigation.

AB14-ASA1, s. 9 Section 9. 938.396 (2) (g) of the statutes is created to read:

AB14-ASA1,4,24 938.396 (2) (g) Upon request of a fire investigator under s. 165.55 (15) to review court records for the purpose of pursuing an investigation under s. 165.55, the court shall open for inspection by authorized representatives of the requester the records of the court relating to any juvenile who has been adjudicated delinquent or found to be in need of protection or services under s. 938.13 (12) or (14) for a violation of s. 940.08, 940.24, 941.10, 941.11, 943.01, 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06 or for an attempt to commit any of those violations.

AB14-ASA1, s. 10 Section 10. 938.78 (2) (b) 1. of the statutes is amended to read:

AB14-ASA1,5,5 938.78 (2) (b) 1. Paragraph (a) does not apply to the confidential exchange of information between an agency, another social welfare agency, a law enforcement agency, the victim-witness coordinator, a fire investigator under s. 165.55 (15) or a public school district regarding an individual in the care or legal custody of the agency.

AB14-ASA1, s. 11 Section 11. Initial applicability.

AB14-ASA1,5,8 (1) This act first applies to records created on the effective date of this subsection.

AB14-ASA1,5,9 (End)