LRB-4233/1
GMM:kmg:hmh
1999 - 2000 LEGISLATURE
February 16, 2000 - Introduced by Senator Breske, cosponsored by Representative
Seratti. Referred to Insurance, Tourism, Transportation and Corrections.
SB396,1,6
1An Act to amend 938.185 (1) (intro.); and
to create 938.185 (4) of the statutes;
2relating to: venue for a delinquency proceeding involving an American Indian
3juvenile who is alleged to have committed a delinquent act while under the
4supervision of the department of corrections under an order of a tribal court and
5an agreement between the department of corrections and the governing body
6of an American Indian tribe or band.
Analysis by the Legislative Reference Bureau
Under current law, venue for a delinquency proceeding, that is, the county
where the proceeding is held, may be in the county where the juvenile resides, the
county where the juvenile is present or the county where the violation occurred. This
bill prohibits venue for a delinquency proceeding that is based on an allegation that
an American Indian juvenile has committed a delinquent act from being in the
county where the juvenile resides if at the time of the delinquent act the juvenile is
under the supervision of the department of corrections (DOC) under an order of the
tribal court of a federally recognized American Indian tribe or band in this state and
an agreement between DOC and the governing body of the tribe or band and if a
delinquency petition relating to the delinquent act has been filed in the tribal court
that has jurisdiction over the juvenile. In that situation, the court of the county
where the violation occurred or where the juvenile is present may transfer any
delinquency proceeding in that court to the tribal court that has jurisdiction over the
juvenile.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB396, s. 1
1Section
1. 938.185 (1) (intro.) of the statutes is amended to read:
SB396,2,42
938.185
(1) (intro.) Subject to
sub.
subs. (2), (3)
and (4), venue for any
3proceeding under ss. 938.12, 938.125, 938.13, 938.135 and 938.18 may be in any of
4the following:
SB396, s. 2
5Section
2. 938.185 (4) of the statutes is created to read:
SB396,2,86
938.185
(4) (a) Venue for a proceeding under s. 938.12 based on an allegation
7that an American Indian juvenile has committed a delinquent act may not be in the
8county where the juvenile resides if all of the following apply:
SB396,2,129
1. At the time of the delinquent act the juvenile is under the supervision of the
10department under an order of the tribal court of a federally recognized American
11Indian tribe or band in this state and an agreement between the department and the
12governing body of the tribe or band.
SB396,2,1413
2. A delinquency petition relating to the delinquent act has been filed in the
14tribal court that has jurisdiction over the juvenile.
SB396,2,1815
(b) If an American Indian juvenile commits a delinquent act and par. (a) 1. and
162. applies, the court of the county where the violation occurred or where the juvenile
17is present may transfer any proceeding under s. 938.12 in that court to the tribal
18court that has jurisdiction over the juvenile.
SB396,3,2
1(1)
Tribal court venue in delinquency cases. This act first applies to
2delinquent acts committed on the effective date of this subsection.
