Wisconsin Legislature: 77,477

77,463 Section 463 . 118.16 (5) (c) of the statutes is amended to read:

118.16 (5) (c) Evaluated the child to determine whether learning problems may be a cause of the child's truancy and, if so, have taken steps to overcome the learning problems, except that the child need not be evaluated if tests administered to the child within the previous year indicate that the child is performing at his or her grade level.

77,464 Section 464 . 118.16 (5m) of the statutes is created to read:

118.16 (5m) Subsection (5) (b), (c) and (d) does not apply if the school attendance officer provides evidence that appropriate school personnel were unable to carry out the activity due to the child's absences from school.

77,465 Section 465 . 118.16 (6) of the statutes is amended to read:

118.16 (6) Following receipt of If the school attendance officer receives evidence that activities under sub. (5) have been completed or were not completed due to the child's absence from school as provided in sub. (5m), the school attendance officer may file information on any child who continues to be truant with the court assigned to exercise jurisdiction under ch. chs. 48 and 938 in accordance with s. 48.24 938.24. Filing information on a child under this subsection does not preclude concurrent prosecution of the child's parent or guardian under s. 118.15 (5).

77,466 Section 466 . 118.162 (4) (e) of the statutes is amended to read:

118.162 (4) (e) The types of truancy cases to be referred to the district attorney for the filing of information under s. 48.24 938.24 or prosecution under s. 118.15 (5) and the time periods within which the district attorney will respond to and take action on the referrals.

77,467 Section 467 . 118.163 (2) (b) of the statutes is amended to read:

118.163 (2) (b) An order for the child to participate in counseling, community service or a supervised work program as provided or other community service work under s. 48.34 (9) 938.34 (5g).

77,468 Section 468 . 118.163 (2) (d) of the statutes is amended to read:

118.163 (2) (d) An order for the child to attend an educational program under s. 48.34 (12) 938.34 (7d).

77,469 Section 469 . 118.163 (2) (e) of the statutes is created to read:

118.163 (2) (e) An order for the department of industry, labor and human relations to revoke, under s. 103.72, a permit under s. 103.70 authorizing the employment of the child.

77,470 Section 470 . 118.163 (2) (f) of the statutes is created to read:

118.163 (2) (f) An order for the juvenile to be placed in a teen court program as described in s. 938.342 (1) (f).

77,471 Section 471 . 120.12 (18) of the statutes is amended to read:

120.12 (18) Continuity of educational programming. Coordinate and provide for continuity of educational programming for pupils receiving educational services as the result of a court order under s. 48.34 (12) 48.345 (12) or 938.34 (7d), including but not limited to providing a written report to the court assigned to exercise jurisdiction under ch. chs. 48 and 938 and the agency which is required to submit an educational plan for a child under s. 48.33 or 938.33 (1) (e). The written report shall describe the child's educational status and make recommendations regarding educational programming for the child. The written report shall be in writing, except that if the educational plan under s. 938.33 (1) (e) is presented orally at the dispositional hearing the report may be presented orally to the court assigned to exercise jurisdiction under chs. 48 and 938 and the agency at the dispositional hearing. If written, the report shall be provided to the court assigned to exercise jurisdiction under ch. chs. 48 and 938 and the agency at least 3 days before the date of the child's dispositional hearing.

77,472 Section 472 . 121.78 (4) of the statutes is amended to read:

121.78 (4) Court-ordered educational services. If a pupil is receiving educational services as the result of a court order under s. 48.34 48.345 (12) or 938.34 (7d), the school board of the school district in which the pupil resided at the time of issuance of the court order shall pay tuition for the pupil. A school board paying tuition for a pupil under this subsection shall count the pupil as 1.0 pupil in membership for general aid under subch. II. The school board shall pay each agency specified under s. 48.34 48.345 (12) (a) 2. to 4. or 938.34 (7d) (a) 2. to 4., for each full-time equivalent pupil served by the agency, an amount equal to at least 80% of the average per pupil cost for the school district. No state aid may be paid to the technical college district for pupils attending the technical college under s. 48.34 48.345 (12) (a) 4. or 938.34 (7d) (a) 4.

77,473 Section 473 . 125.07 (4) (bs) 1. of the statutes is amended to read:

125.07 (4) (bs) 1. For a first violation, a forfeiture of not less than $250 nor more than $500, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 1., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

77,474 Section 474 . 125.07 (4) (bs) 2. of the statutes is amended to read:

125.07 (4) (bs) 2. For a violation committed within 12 months of a previous violation, either a forfeiture of not less than $300 nor more than $500, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 2., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

77,475 Section 475. 125.07 (4) (bs) 3. of the statutes is amended to read:

125.07 (4) (bs) 3. For a violation committed within 12 months of 2 previous violations, either a forfeiture of not less than $500 nor more than $750, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

77,476 Section 476 . 125.07 (4) (bs) 4. of the statutes is amended to read:

125.07 (4) (bs) 4. For a violation committed within 12 months of 3 or more previous violations, either a forfeiture of not less than $750 nor more than $1,000, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

77,477 Section 477 . 125.07 (4) (c) 1. of the statutes is amended to read:

125.07 (4) (c) 1. For a first violation, a forfeiture of not less than $100 nor more than $200, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 1., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

77,478 Section 478 . 125.07 (4) (c) 2. of the statutes is amended to read:

125.07 (4) (c) 2. For a violation committed within 12 months of a previous violation, either a forfeiture of not less than $200 nor more than $300, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 2., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

77,479 Section 479 . 125.07 (4) (c) 3. of the statutes is amended to read:

125.07 (4) (c) 3. For a violation committed within 12 months of 2 previous violations, either a forfeiture of not less than $300 nor more than $500, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

77,480 Section 480 . 125.07 (4) (c) 4. of the statutes is amended to read:

125.07 (4) (c) 4. For a violation committed within 12 months of 3 or more previous violations, either a forfeiture of not less than $500 nor more than $1,000, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

77,481 Section 481 . 125.07 (4) (cg) of the statutes is amended to read:

125.07 (4) (cg) 1. If the court orders a person to participate in a A supervised work program ordered under par. (bs) or (c), the shall be administered by the county department under s. 46.215 or 46.22 or by a community agency approved by the court. The court shall set standards for the supervised work program within the budgetary limits established by the county board of supervisors. The supervised work program may provide the person with reasonable compensation reflecting the market value of the work performed, or it may consist of uncompensated community service work, and shall be administered by a the county department under s. 46.215 or 46.22 or a community agency approved by the court. Community service work ordered under par. (bs) or (c), other than community service work performed under a supervised work program, shall be administered by a public agency or nonprofit charitable organization approved by the court. The court may use any available resources, including any community service work program, in ordering the child to perform community service work under par. (bs) or (c).

2. The supervised work program or other community service work shall be of a constructive nature designed to promote the person's rehabilitation, shall be appropriate to the person's age level and physical ability and shall be combined with counseling from an agency staff a member of the staff of the county department, community agency, public agency or nonprofit charitable organization or other qualified person. The supervised work program or other community service work may not conflict with the person's regular attendance at school. The amount of work required shall be reasonably related to the seriousness of the person's offense.

77,482 Section 482 . 125.07 (4) (d) of the statutes is amended to read:

125.07 (4) (d) A person who is under 18 years of age on the date of disposition is subject to s. 48.344 938.344 unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under s. 48.344 938.344 (3).

77,483 Section 483 . 125.07 (4) (e) 2. a. of the statutes is amended to read:

125.07 (4) (e) 2. a. Submit to an alcohol abuse assessment that conforms to the criteria specified under s. 48.547 938.547 (4) and that is conducted by an approved treatment facility. The order shall designate an approved treatment facility to conduct the alcohol abuse assessment and shall specify the date by which the assessment must be completed.

77,484 Section 484 . 125.085 (3) (bd) of the statutes is amended to read:

125.085 (3) (bd) Any underage person who violates par. (b) is subject to a forfeiture of not less than $100 nor more than $500, suspension of the person's operating privilege under s. 343.30 (6) (bm), participation in a supervised work program or other community service work under par. (bh) or any combination of these penalties.

77,485 Section 485 . 125.085 (3) (bh) of the statutes is amended to read:

125.085 (3) (bh) 1. If the court orders a person to participate in a A supervised work program ordered under par. (bd), the shall be administered by the county department under s. 46.215 or 46.22 or by a community agency approved by the court. The court shall set standards for the supervised work program within the budgetary limits established by the county board of supervisors. The supervised work program may provide the person with reasonable compensation reflecting the market value of the work performed, or it may consist of uncompensated community service work, and shall be administered by the county department under s. 46.215 or 46.22 or a community agency approved by the court. Community service work ordered under par. (bd), other than community service work performed under a supervised work program, shall be administered by a public agency or nonprofit charitable organization approved by the court. The court may use any available resources, including any community service work program, in ordering the child to perform community service work under par. (bd).

77,486 Section 486 . 125.085 (3) (bt) of the statutes is amended to read:

125.085 (3) (bt) A person who is under 18 years of age on the date of disposition is subject to s. 48.344 938.344 unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under s. 48.344 938.344 (3).

77,487 Section 487 . 125.09 (2) (d) of the statutes is amended to read:

125.09 (2) (d) A person who violates this subsection is subject to a forfeiture of not more than $200, except that ss. 48.344 and 125.07 (4) (c) and (d) and 938.344 provide the penalties applicable to underage persons.

77,488 Section 488 . 146.34 (1) (e) of the statutes is amended to read:

146.34 (1) (e) “Legal custodian" means a person other than a parent or guardian or an agency to whom the legal custody of a minor has been transferred by a court under ch. 48 or 938, but does not include a person who has only physical custody of a minor.

77,489 Section 489 . 146.34 (5) (a) (intro.) of the statutes is amended to read:

146.34 (5) (a) (intro.) A relative of the prospective donor or the district attorney or corporation counsel of the county of residence of the prospective donor may file a petition with the court assigned to exercise jurisdiction under ch. chs. 48 and 938 for an order to prohibit either of the following:

77,490 Section 490 . 146.81 (4) of the statutes is amended to read:

146.81 (4) “Patient health care records" means all records related to the health of a patient prepared by or under the supervision of a health care provider, including the records required under s. 146.82 (2) (d) and (3) (c), but not those records subject to s. 51.30, reports collected under s. 69.186, records of tests administered under s. 48.296 (4), 252.15 (2) (a) 7., 343.305, 938.296 (4) or 968.38 (4), fetal monitor tracings, as defined under s. 146.817 (1), or a pupil's physical health records maintained by a school under s. 118.125.

77,491 Section 491 . 146.81 (5) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

146.81 (5) “Person authorized by the patient" means the parent, guardian or legal custodian of a minor patient, as defined in s. 48.02 (8) and (11), the person vested with supervision of the child under s. 48.34 938.183 or 938.34 (4h), (4m) or (4n), the guardian of a patient adjudged incompetent, as defined in s. 880.01 (3) and (4), the personal representative or spouse of a deceased patient, any person authorized in writing by the patient or a health care agent designated by the patient as a principal under ch. 155 if the patient has been found to be incapacitated under s. 155.05 (2), except as limited by the power of attorney for health care instrument. If no spouse survives a deceased patient, “person authorized by the patient" also means an adult member of the deceased patient's immediate family, as defined in s. 632.895 (1) (d). A court may appoint a temporary guardian for a patient believed incompetent to consent to the release of records under this section as the person authorized by the patient to decide upon the release of records, if no guardian has been appointed for the patient.

77,492 Section 492 . 157.065 (2) (a) 4. c. of the statutes is amended to read:

157.065 (2) (a) 4. c. A Type 1 secured correctional facility, as defined in s. 48.02 (15m) (19).

77,493 Section 493 . 157.065 (2) (a) 4. c. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

157.065 (2) (a) 4. c. A Type 1 secured correctional facility, as defined in s. 938.02 (19).

77,494 Section 494 . 161.573 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

161.573 (2) Any person who violates this section who is under 17 years of age is subject to a disposition under s. 48.344 938.344 (2e).

77,495 Section 495 . 161.574 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

161.574 (2) Any person who violates this section who is under 17 years of age is subject to a disposition under s. 48.344 938.344 (2e).

77,496 Section 496 . 161.575 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

161.575 (2) Any person who violates this section who is under 17 years of age is subject to a disposition under s. 48.344 938.344 (2e).

77,497 Section 497 . 165.76 (1) (a) of the statutes is amended to read:

165.76 (1) (a) Is in prison or a secured correctional facility, as defined in s. 48.02 (15m), or on probation, parole, supervision, or aftercare supervision or corrective sanctions supervision on or after August 12, 1993, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.

77,498 Section 498 . 165.76 (1) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

165.76 (1) (a) Is in prison or a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g) or on probation, parole, supervision or aftercare supervision on or after August 12, 1993, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.

77,499 Section 499 . 165.76 (2) (b) 2. of the statutes is amended to read:

165.76 (2) (b) 2. If the person has been sentenced to prison or placed in a secured correctional facility, he or she shall provide the specimen under par. (a) at the office of a county sheriff as soon as practicable after release on parole, or aftercare supervision or corrective sanctions supervision, as directed by his or her probation and parole agent, or aftercare agent or corrective sanctions agent, except that the department of corrections may require the person to provide the specimen while he or she is in prison and the department of health and social services may require the person, if a child, to provide the specimen while he or she is placed at a secured correctional facility.

77,500 Section 500 . 165.76 (2) (b) 2. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

165.76 (2) (b) 2. If the person has been sentenced to prison or placed in a secured correctional facility or a secured child caring institution, he or she shall provide the specimen under par. (a) at the office of a county sheriff as soon as practicable after release on parole or aftercare supervision, as directed by his or her probation and parole agent or aftercare agent, except that the department of corrections may require the person to provide the specimen while he or she is in prison or in a secured correctional facility or a secured child caring institution.

77,501 Section 501 . 165.76 (2) (b) 5. of the statutes is amended to read:

165.76 (2) (b) 5. Notwithstanding subds. 1. to 3., for persons who are subject to sub. (1) and who are in prison or a secured correctional facility or on probation, parole, supervision, or aftercare supervision or corrective sanctions supervision on August 12, 1993, the departments of justice, corrections and health and social services shall cooperate to have these persons provide specimens under par. (a) before July 1, 1998.

77,483m Section 483m. 165.76 (2) (b) 5. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

165.76 (2) (b) 5. Notwithstanding subds. 1. to 3., for persons who are subject to sub. (1) and who are in prison, a secured correctional facility or a secured child caring institution or on probation, parole, supervision or aftercare supervision on August 12, 1993, the departments of justice, corrections and health and social services shall cooperate to have these persons provide specimens under par. (a) before July 1, 1998.

77,502 Section 502 . 165.76 (3) of the statutes is amended to read:

165.76 (3) If a person is required to submit a biological specimen under s. 48.34 (15), 51.20 (13) (cr), 938.34 (15), 971.17 (1m) or 973.047, he or she shall comply with that requirement and is not required to comply with this section.

77,503 Section 503 . 165.765 (1) of the statutes is amended to read:

165.765 (1) Whoever intentionally fails to comply with a requirement to submit a biological specimen under s. 48.34 (15), 165.76, 938.34 (15) or 973.047 may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

77,504 Section 504 . 165.765 (2) (a) of the statutes is amended to read:

165.765 (2) (a) Any physician, registered nurse, medical technologist, physician assistant or person acting under the direction of a physician who obtains a biological specimen under s. 48.34 (15), 165.76, 938.34 (15) or 973.047 is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.

77,505 Section 505 . 165.77 (2) (b) of the statutes is amended to read: