AB133-SSA1-SA1,466,15 151099. Page 1431, line 22: after that line insert:
AB133-SSA1-SA1,466,16 16" Section 3120m. 938.09 (2) of the statutes is amended to read:
AB133-SSA1-SA1,466,2317 938.09 (2) By the district attorney or, if designated by the county board of
18supervisors, by the corporation counsel, in any matter concerning a civil law
19violation arising under s. 938.125. If the county board transfers this authority to or
20from the district attorney on or after May 11, 1990, the board may do so only if the
21action is effective on September 1 of an odd-numbered year and the board notifies
22the department of administration justice of that change by January 1 of that
23odd-numbered year.
AB133-SSA1-SA1, s. 3120n 24Section 3120n. 938.09 (5) of the statutes is amended to read:
AB133-SSA1-SA1,467,6
1938.09 (5) By the district attorney or, if designated by the county board of
2supervisors, by the corporation counsel, in any matter arising under s. 938.13. If the
3county board transfers this authority to or from the district attorney on or after
4May 11, 1990, the board may do so only if the action is effective on September 1 of
5an odd-numbered year and the board notifies the department of administration
6justice of that change by January 1 of that odd-numbered year.".
AB133-SSA1-SA1,467,7 71100. Page 1431, line 22: after that line insert:
AB133-SSA1-SA1,467,8 8" Section 3130m. 938.20 (8) of the statutes is amended to read:
AB133-SSA1-SA1,468,39 938.20 (8) If a juvenile is held in custody, the intake worker shall notify the
10juvenile's parent, guardian and legal custodian of the reasons for holding the juvenile
11in custody and of the juvenile's whereabouts unless there is reason to believe that
12notice would present imminent danger to the juvenile. If a juvenile who has violated
13the terms of aftercare supervision administered by the department or a county
14department is held in custody, the intake worker shall also notify the department or
15county department, whichever has supervision over the juvenile, of the reasons for
16holding the juvenile in custody, of the juvenile's whereabouts and of the time and
17place of the detention hearing required under s. 938.21. The parent, guardian and
18legal custodian shall also be notified of the time and place of the detention hearing
19required under s. 938.21, the nature and possible consequences of that hearing, the
20right to counsel under s. 938.23 regardless of ability to pay
and the right to present
21and cross-examine witnesses at the hearing. If the parent, guardian or legal
22custodian is not immediately available, the intake worker or another person
23designated by the court shall provide notice as soon as possible. When the juvenile
24is alleged to have committed a delinquent act, the juvenile shall receive the same

1notice about the detention hearing as the parent, guardian or legal custodian. The
2intake worker shall notify both the juvenile and the juvenile's parent, guardian or
3legal custodian.
AB133-SSA1-SA1, s. 3131m 4Section 3131m. 938.21 (3) (d) of the statutes is amended to read:
AB133-SSA1-SA1,468,105 938.21 (3) (d) Prior to the commencement of the hearing, the parent, guardian
6or legal custodian shall be informed by the court of the allegations that have been
7made or may be made, the nature and possible consequences of this hearing as
8compared to possible future hearings, the right to counsel under s. 938.23 regardless
9of ability to pay,
the right to confront and cross-examine witnesses and the right to
10present witnesses.
AB133-SSA1-SA1, s. 3142g 11Section 3142g. 938.23 (2) of the statutes is created to read:
AB133-SSA1-SA1,468,1412 938.23 (2) (a) Whenever a juvenile is alleged to be in need of protection or
13services under s. 938.13, any parent under 18 years of age who appears before the
14court shall be represented by counsel; but no such parent may waive counsel.
AB133-SSA1-SA1,468,2315 (b) If a petition under s. 938.13 is contested, no juvenile may be placed outside
16his or her home unless the nonpetitioning parent is represented by counsel at the
17fact-finding hearing and subsequent proceedings. If the petition is not contested,
18the juvenile may not be placed outside his or her home unless the nonpetitioning
19parent is represented by counsel at the hearing at which the placement is made. A
20parent who is required under this paragraph to be represented by counsel may,
21however, waive counsel if the court is satisfied that such waiver is knowingly and
22voluntarily made, and the court may place the juvenile outside the home even though
23the parent was not represented by counsel.
AB133-SSA1-SA1, s. 3142m 24Section 3142m. 938.23 (3) of the statutes is amended to read:
AB133-SSA1-SA1,469,5
1938.23 (3) Power of the court to appoint counsel. Except in proceedings
2under s. 938.13, at
At any time, upon request or on its own motion, the court may
3appoint counsel for the juvenile or any party, unless the juvenile or the party has or
4wishes to retain counsel of his or her own choosing. The court may not appoint
5counsel for any party other than the juvenile in a proceeding under s. 938.13.
AB133-SSA1-SA1, s. 3142p 6Section 3142p. 938.23 (4) of the statutes is amended to read:
AB133-SSA1-SA1,469,227 938.23 (4) Providing counsel. In any situation under this section in which a
8person juvenile has a right to be represented by counsel or is provided counsel at the
9discretion of the court and counsel is not knowingly and voluntarily waived, the court
10shall refer the person juvenile to the state public defender and counsel shall be
11appointed by the state public defender under s. 977.08 without a determination of
12indigency. In any situation under sub. (2) in which a parent 18 years of age or older
13is entitled to representation by counsel; counsel is not knowingly and voluntarily
14waived; and it appears that the parent is unable to afford counsel in full, or the parent
15so indicates; the court shall refer the parent to the authority for indigency
16determinations specified in s. 977.07 (1).
In any other situation under this section
17in which a person has a right to be represented by counsel or is provided counsel at
18the discretion of the court, competent and independent counsel shall be provided and
19reimbursed in any manner suitable to the court regardless of the person's ability to
20pay, except that the court may not order a person who files a petition under s. 813.122
21or 813.125 to reimburse counsel for the juvenile who is named as the respondent in
22that petition.".
AB133-SSA1-SA1,469,23 231101. Page 1431, line 22: after that line insert:
AB133-SSA1-SA1,469,24 24" Section 3130p. 938.207 (1) (a) of the statutes is amended to read:
AB133-SSA1-SA1,470,8
1938.207 (1) (a) The home of a parent or guardian, except that a juvenile may
2not be held in the home of a parent or guardian if the parent or guardian has been
3convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05
4of the 2nd-degree intentional homicide, of a parent of the juvenile, and the conviction
5has not been reversed, set aside or vacated, unless the person making the custody
6decision determines by clear and convincing evidence that the placement would be
7in the best interests of the juvenile. The person making the custody decision shall
8consider the wishes of the juvenile in making that determination
.
AB133-SSA1-SA1, s. 3130r 9Section 3130r. 938.207 (1) (b) of the statutes is amended to read:
AB133-SSA1-SA1,470,1710 938.207 (1) (b) The home of a relative, except that a juvenile may not be held
11in the home of a relative if the relative has been convicted under s. 940.01 of the
12first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional
13homicide, of a parent of the juvenile, and the conviction has not been reversed, set
14aside or vacated, unless the person making the custody decision determines by clear
15and convincing evidence that the placement would be in the best interests of the
16juvenile. The person making the custody decision shall consider the wishes of the
17juvenile in making that determination
.".
AB133-SSA1-SA1,470,18 181102. Page 1431, line 22: after that line insert:
AB133-SSA1-SA1,470,19 19" Section 3129b. 938.17 (2) (d) of the statutes is amended to read:
AB133-SSA1-SA1,471,1120 938.17 (2) (d) If a municipal court finds that the juvenile violated a municipal
21ordinance other than an ordinance enacted under s. 118.163 or an ordinance that
22conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 961.573 (2), 961.574 (2)
23or 961.575 (2), the court shall enter any of the dispositional orders permitted under
24s. 938.343 that are authorized under par. (cm). If a juvenile fails to pay the forfeiture

1imposed by the municipal court, the court may not impose a jail sentence but may
2suspend any license issued under ch. 29 for not less than 30 days nor more than 5
3years, or, unless the forfeiture was imposed for violating an ordinance unrelated to
4the juvenile's operation of a motor vehicle, may
suspend the juvenile's operating
5privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than 5 years.
6If a court suspends a license or privilege under this section, the court shall
7immediately take possession of the applicable license and forward it to the
8department that issued the license, together with the notice of suspension clearly
9stating that the suspension is for failure to pay a forfeiture imposed by the court. If
10the forfeiture is paid during the period of suspension, the court shall immediately
11notify the department, which shall thereupon return the license to the person.".
AB133-SSA1-SA1,471,12 121103. Page 1432, line 21: after that line insert:
AB133-SSA1-SA1,471,13 13" Section 3143r. 938.243 (1) (e) of the statutes is amended to read:
AB133-SSA1-SA1,471,1414 938.243 (1) (e) The right of the juvenile to counsel under s. 938.23.".
AB133-SSA1-SA1,471,15 151104. Page 1434, line 2: after that line insert:
AB133-SSA1-SA1,471,16 16" Section 3148m. 938.27 (4) (b) of the statutes is amended to read:
AB133-SSA1-SA1,471,1817 938.27 (4) (b) Advise the juvenile and any other party, if applicable, of his or
18her right to legal counsel regardless of ability to pay.".
AB133-SSA1-SA1,471,19 191105. Page 1435, line 2: after that line insert:
AB133-SSA1-SA1,471,20 20" Section 3153p. 938.34 (3) (a) of the statutes is amended to read:
AB133-SSA1-SA1,472,421 938.34 (3) (a) The home of a parent or other relative of the juvenile, except that
22the court may not designate the home of a parent or other relative of the juvenile as
23the juvenile's placement if the parent or other relative has been convicted under s.
24940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree

1intentional homicide, of a parent of the juvenile, and the conviction has not been
2reversed, set aside or vacated, unless the court determines by clear and convincing
3evidence that the placement would be in the best interests of the juvenile. The court
4shall consider the wishes of the juvenile in making that determination
.
AB133-SSA1-SA1, s. 3153r 5Section 3153r. 938.34 (3) (b) of the statutes is amended to read:
AB133-SSA1-SA1,472,146 938.34 (3) (b) A home which need not be The home of a person who is not
7required to be
licensed if placement is for less than 30 days, except that the court may
8not designate the name of a person who is not required to be licensed as the juvenile's
9placement if the person has been convicted under s. 940.01 of the first-degree
10intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of
11a parent of the juvenile, and the conviction has not been reversed, set aside or
12vacated, unless the court determines by clear and convincing evidence that the
13placement would be in the best interests of the juvenile. The court shall consider the
14wishes of the juvenile in making that determination
.".
AB133-SSA1-SA1,472,15 151106. Page 1435, line 4: delete lines 4 to 8.
AB133-SSA1-SA1,472,16 161107. Page 1435, line 8: after that line insert:
AB133-SSA1-SA1,472,18 17" Section 3163k. 938.355 (3) of the statutes is renumbered 938.355 (3) (a) and
18amended to read:
AB133-SSA1-SA1,472,2119 938.355 (3) (a) If Except as provided in par. (b), if, after a hearing on the issue
20with due notice to the parent or guardian, the court finds that it would be in the best
21interest of the juvenile, the court may set reasonable rules of parental visitation.
AB133-SSA1-SA1, s. 3163m 22Section 3163m. 938.355 (3) (b) of the statutes is created to read:
AB133-SSA1-SA1,473,323 938.355 (3) (b) 1. Except as provided in subd. 2., the court may not grant
24visitation under par. (a) to a parent of a juvenile if the parent has been convicted

1under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the
22nd-degree intentional homicide, of the juvenile's other parent, and the conviction
3has not been reversed, set aside or vacated.
AB133-SSA1-SA1,473,124 1m. Except as provided in subd. 2., if a parent who is granted visitation rights
5with a juvenile under par. (a) is convicted under s. 940.01 of the first-degree
6intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of
7the juvenile's other parent, and the conviction has not been reversed, set aside or
8vacated, the court shall issue an order prohibiting the parent from having visitation
9with the juvenile on petition of the juvenile, the guardian or legal custodian of the
10juvenile, a person or agency bound by the dispositional order or the district attorney
11or corporation counsel of the county in which the dispositional order was entered, or
12on the court's own motion, and on notice to the parent.
AB133-SSA1-SA1,473,1513 2. Subdivisions 1. and 1m. do not apply if the court determines by clear and
14convincing evidence that the visitation would be in the best interests of the juvenile.
15The court shall consider the wishes of the juvenile in making that determination.
AB133-SSA1-SA1, s. 3165k 16Section 3165k. 938.357 (4d) of the statutes is created to read:
AB133-SSA1-SA1,473,2117 938.357 (4d) (a) Except as provided in par. (b), the court may not change a
18juvenile's placement to a placement in the home of a person who has been convicted
19under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the
202nd-degree intentional homicide, of a parent of the juvenile, if the conviction has not
21been reversed, set aside or vacated.
AB133-SSA1-SA1,474,522 (am) Except as provided in par (b), if a parent in whose home a juvenile is placed
23is convicted under s. 940.01 of the first-degree intentional homicide, or under s.
24940.05 of the 2nd-degree intentional homicide, of the juvenile's other parent, and the
25conviction has not been reversed, set aside or vacated, the court shall change the

1juvenile's placement to a placement out of the home of the parent on petition of the
2juvenile, the guardian or legal custodian of the juvenile, a person or agency bound
3by the dispositional order or the district attorney or corporation counsel of the county
4in which the dispositional order was entered, or on the court's own motion, and on
5notice to the parent.
AB133-SSA1-SA1,474,86 (b) Paragraphs (a) and (am) do not apply if the court determines by clear and
7convincing evidence that the placement would be in the best interests of the juvenile.
8The court shall consider the wishes of the juvenile in making that determination.".
AB133-SSA1-SA1,474,9 91108. Page 1435, line 8: after that line insert:
AB133-SSA1-SA1,474,10 10" Section 3159b. 938.34 (8) of the statutes is amended to read:
AB133-SSA1-SA1,475,911 938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that
12this disposition is in the best interest of the juvenile and in aid of rehabilitation. The
13maximum forfeiture that the court may impose under this subsection for a violation
14by a juvenile is the maximum amount of the fine that may be imposed on an adult
15for committing that violation or, if the violation is applicable only to a person under
1618 years of age, $100. Any such order shall include a finding that the juvenile alone
17is financially able to pay the forfeiture and shall allow up to 12 months for payment.
18If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order
19other alternatives under this section, in accordance with the conditions specified in
20this chapter; or the court may suspend any license issued under ch. 29 for not less
21than 30 days nor more than 5 years, or, unless the forfeiture was imposed for
22violating an ordinance unrelated to the juvenile's operation of a motor vehicle, may

23suspend the juvenile's operating privilege as defined in s. 340.01 (40), for not less
24than 30 days nor more than 5 years. If the court suspends any license under this

1subsection, the clerk of the court shall immediately take possession of the suspended
2license and forward it to the department which issued the license, together with a
3notice of suspension clearly stating that the suspension is for failure to pay a
4forfeiture imposed by the court. If the forfeiture is paid during the period of
5suspension, the suspension shall be reduced to the time period which has already
6elapsed and the court shall immediately notify the department which shall then
7return the license to the juvenile. Any recovery under this subsection shall be
8reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r)
9(b).
AB133-SSA1-SA1, s. 3161b 10Section 3161b. 938.343 (2) of the statutes is amended to read:
AB133-SSA1-SA1,476,211 938.343 (2) Impose a forfeiture not to exceed the maximum forfeiture that may
12be imposed on an adult for committing that violation or, if the violation is only
13applicable to a person under 18 years of age, $50. Any such order shall include a
14finding that the juvenile alone is financially able to pay and shall allow up to 12
15months for the payment. If a juvenile fails to pay the forfeiture, the court may
16suspend any license issued under ch. 29 or, unless the forfeiture was imposed for
17violating an ordinance unrelated to the juvenile's operation of a motor vehicle, may

18suspend the juvenile's operating privilege as defined in s. 340.01 (40), for not less
19than 30 days nor more than 5 years. The court shall immediately take possession
20of the suspended license and forward it to the department which issued the license,
21together with the notice of suspension clearly stating that the suspension is for
22failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the
23period of suspension, the court shall immediately notify the department, which will
24thereupon return the license to the person. Any recovery under this subsection shall

1be reduced by the amount recovered as a forfeiture for the same act under s. 938.45
2(1r) (b).".
AB133-SSA1-SA1,476,3 31109. Page 1436, line 16: after that line insert:
AB133-SSA1-SA1,476,4 4" Section 3176m. 940.295 (1) (q) of the statutes is repealed.
AB133-SSA1-SA1, s. 3176n 5Section 3176n. 940.295 (2) (j) of the statutes is repealed and recreated to read:
AB133-SSA1-SA1,476,76 940.295 (2) (j) The Wisconsin School for the Deaf under s. 115.52 and the
7Wisconsin Center for the Blind and Visually Impaired under s. 115.525.".
AB133-SSA1-SA1,476,8 81110. Page 1436, line 23: after that line insert:
AB133-SSA1-SA1,476,9 9" Section 3191br. 945.05 (1) (intro.) of the statutes is amended to read:
AB133-SSA1-SA1,476,1210 945.05 (1) (intro.) Whoever Except as provided in sub. (1m), whoever
11manufactures, transfers commercially or possesses with intent to transfer
12commercially either of the following is guilty of a Class E felony:
AB133-SSA1-SA1, s. 3191bu 13Section 3191bu. 945.05 (1m) of the statutes is created to read:
AB133-SSA1-SA1,476,1814 945.05 (1m) Subsection (1) does not apply to a person who manufactures,
15transfers commercially or possesses with intent to transfer commercially gambling
16devices described in sub. (1) (a) and (b) to a nonprofit or public educational institution
17that provides an educational program for which it awards a bachelor's or higher
18degree for the use in a casino gaming management class.".
AB133-SSA1-SA1,476,19 191111. Page 1436, line 23: after that line insert:
AB133-SSA1-SA1,476,21 20" Section 3191bd. 945.03 of the statutes is renumbered 945.03 (1m), and
21945.03 (1m) (intro.), as renumbered, is amended to read:
AB133-SSA1-SA1,476,2422 945.03 (1m) (intro.) Whoever intentionally does any of the following is engaged
23in commercial gambling and, except as provided in sub. (2m), is guilty of a Class E
24felony:
AB133-SSA1-SA1, s. 3191bf
1Section 3191bf. 945.03 (2m) of the statutes is created to read:
AB133-SSA1-SA1,477,62 945.03 (2m) If the violation of sub. (1m) involves the possession, operation, set
3up, collection of proceeds, participation in earnings or maintenance of, or involves
4acting as the custodian of anything of value bet or offered to be bet on, not more than
55 video gambling machines on premises for which a Class "B" or "Class B" license or
6permit has been issued under ch. 125, the person may be penalized as follows:
AB133-SSA1-SA1,477,87 (a) If the violation involves one video gambling machine, the person may be
8required to forfeit not more than $500.
AB133-SSA1-SA1,477,109 (b) If the violation involves 2 video gambling machines, the person may be
10required to forfeit not more than $1,000.
AB133-SSA1-SA1,477,1211 (c) If the violation involves 3 video gambling machines, the person may be
12required to forfeit not more than $1,500.
AB133-SSA1-SA1,477,1413 (d) If the violation involves 4 video gambling machines, the person may be
14required to forfeit not more than $2,000.
AB133-SSA1-SA1,477,1615 (e) If the violation involves 5 video gambling machines, the person may be
16required to forfeit not more than $2,500.
AB133-SSA1-SA1, s. 3191bh 17Section 3191bh. 945.04 of the statutes is renumbered 945.04 (1m), and 945.04
18(1m) (intro.), as renumbered, is amended to read:
AB133-SSA1-SA1,477,2019 945.04 (1m) (intro.) Whoever Except as provided in sub. (2m), whoever
20intentionally does any of the following is guilty of a Class A misdemeanor:
AB133-SSA1-SA1, s. 3191bj 21Section 3191bj. 945.04 (2m) of the statutes is created to read:
AB133-SSA1-SA1,477,2522 945.04 (2m) If the violation of sub. (1m) involves the set up or use of not more
23than 5 video gambling machines on premises for which a Class "B" or "Class B"
24license or permit has been issued under ch. 125, the person may be penalized as
25follows:
AB133-SSA1-SA1,478,2
1(a) If the violation involves one video gambling machine, the person may be
2required to forfeit not more than $500.
AB133-SSA1-SA1,478,43 (b) If the violation involves 2 video gambling machines, the person may be
4required to forfeit not more than $1,000
AB133-SSA1-SA1,478,65 (c) If the violation involves 3 video gambling machines, the person may be
6required to forfeit not more than $1,500.
AB133-SSA1-SA1,478,87 (d) If the violation involves 4 video gambling machines, the person may be
8required to forfeit not more than $2,000
AB133-SSA1-SA1,478,109 (e) If the violation involves 5 video gambling machines, the person may be
10required to forfeit not more than $2,500.
AB133-SSA1-SA1, s. 3191bm 11Section 3191bm. 945.041 (11) of the statutes is created to read:
AB133-SSA1-SA1,478,1512 945.041 (11) No proceeding under this section may be commenced to revoke a
13Class "B" or "Class B" license or permit issued under ch. 125 to a person solely
14because the person knowingly permits 5 or fewer video gambling machines to be set
15up, kept, managed, used or conducted upon the licensed premises.
AB133-SSA1-SA1, s. 3191bn 16Section 3191bn. 945.05 (1) (intro.) of the statutes is amended to read:
AB133-SSA1-SA1,478,1917 945.05 (1) (intro.) Whoever Except as provided in sub. (1m), whoever
18manufactures, transfers commercially or possesses with intent to transfer
19commercially either of the following is guilty of a Class E felony:
AB133-SSA1-SA1, s. 3191bp 20Section 3191bp. 945.05 (1m) of the statutes is created to read:
AB133-SSA1-SA1,478,2321 945.05 (1m) If a violation of sub. (1) involves the commercial transfer of a video
22gambling machine or possession of a video gambling machine with the intent to
23transfer commercially, the person is subject to a Class C forfeiture.".
AB133-SSA1-SA1,478,24 241112. Page 1439, line 7: after that line insert:
AB133-SSA1-SA1,479,1
1" Section 3196m. 946.82 (4) of the statutes is amended to read:
Loading...
Loading...