LRBa0616/1
GMM:skg:jlb
1995 - 1996 LEGISLATURE
ASSEMBLY AMENDMENT 25,
To 1995 ASSEMBLY BILL 130
March 23, 1995 - Offered by
Committee on Children and Families.
AB130-AA25,1,5
5"
Section 112m. 48.14 (4) of the statutes is repealed.".
AB130-AA25,1,8
8"
Section 150d. 48.23 (4) of the statutes is amended to read:
AB130-AA25,2,149
48.23
(4) Providing counsel. In any situation under this section in which a
10person has a right to be represented by counsel or is provided counsel at the
11discretion of the court and counsel is not knowingly and voluntarily waived, the court
12shall refer the person to the state public defender and counsel shall be appointed by
13the state public defender under s. 977.08 without a determination of indigency. If the
14referral is of a person who has filed a petition under s. 48.375 (7), the state public
15defender shall appoint counsel within 24 hours after that referral. Any counsel
1appointed in a petition filed under s. 48.375 (7) shall continue to represent the child
2in any appeal brought under s. 809.105 unless the child requests substitution of
3counsel or extenuating circumstances make it impossible for counsel to continue to
4represent the child. In any situation under sub. (2) in which a parent 18 years of age
5or older is entitled to representation by counsel; counsel is not knowingly and
6voluntarily waived; and it appears that the parent is unable to afford counsel in full,
7or the parent so indicates; the court shall refer the parent to the authority for
8indigency determinations specified under s. 977.07 (1). In any other situation under
9this section in which a person has a right to be represented by counsel or is provided
10counsel at the discretion of the court, competent and independent counsel shall be
11provided and reimbursed in any manner suitable to the court regardless of the
12person's ability to pay
, except that the court may not order a person who files a
13petition under s. 813.122 or 813.125 to reimburse counsel for the child who is named
14as the respondent in that petition.".
AB130-AA25,2,23
2110. Page 89, line 16: delete lines 16 and 17 and substitute: "
over who are
22transferred to the criminal courts subject to the jurisdiction of the court of criminal
23jurisdiction.
AB130-AA25,3,4
148.396
(1g) If requested by the parent, guardian or legal custodian of a child
2who is the subject of a law enforcement officer's report, or if requested by the child,
3if 14 years of age or over, a law enforcement agency may, subject to official agency
4policy, provide to the parent, guardian, legal custodian or child a copy of that report.
AB130-AA25, s. 313m
5Section 313m. 48.396 (1m) of the statutes is repealed and recreated to read:
AB130-AA25,3,116
48.396
(1m) Upon the written permission of the parent, guardian or legal
7custodian of a child who is the subject of a law enforcement officer's report or upon
8the written permission of the child, if 14 years of age or over, a law enforcement
9agency may, subject to official agency policy, make available to the person named in
10the permission any reports specifically identified by the parent, guardian, legal
11custodian or child in the written permission.".
AB130-AA25,3,13
13"
Section 314g. 48.396 (2) (ag) of the statutes is created to read:
AB130-AA25,3,1714
48.396
(2) (ag) Upon request of the parent, guardian or legal custodian of a
15child who is the subject of a record of a court specified in par. (a), or upon request of
16the child, if 14 years of age or over, the court shall open for inspection by the parent,
17guardian, legal custodian or child the records of the court relating to that child.
AB130-AA25,3,2319
48.396
(2) (am) Upon the written permission of the parent, guardian or legal
20custodian of a child who is the subject of a record of a court specified in par. (a), the
21court shall open for inspection by the person named in the permission any records
22specifically identified by the parent, guardian, legal custodian or child in the written
23permission.".
AB130-AA25,4,1
1"
Section 368g. 48.78 (2) (ag) of the statutes is created to read:
AB130-AA25,4,62
48.78
(2) (ag) Paragraph (a) does not prohibit an agency from making available
3for inspection or disclosing the contents of a record, upon the request of the parent,
4guardian or legal custodian of the child who is the subject of the record or upon the
5request of the child, if 14 years of age or over, to the parent, guardian, legal custodian
6or child.
AB130-AA25,4,138
48.78
(2) (am) Paragraph (a) does not prohibit an agency from making
9available for inspection or disclosing the contents of a record, upon the written
10permission of the parent, guardian or legal custodian of the child who is the subject
11of the record or upon the written permission of the child, if 14 years of age or over,
12to the person named in the permission if the parent, guardian, legal custodian or
13child specifically identifies the record in the written permission.".
AB130-AA25,5,12
825. Page 133, line 12: before the period insert: ", except that reimbursement
9under this subsection for each full-time equivalent pupil of a school district who is
10provided educational programming by a county may not exceed 110% of the school
11district's average per pupil cost or the actual cost of that programming, whichever
12is less".
AB130-AA25,5,14
14"
Section 535r. 757.69 (1) (intro.) of the statutes is amended to read:
AB130-AA25,5,1815
757.69
(1) (intro.) On authority delegated by a judge, which may be by a
16standard order, and with the approval of the chief judge of the judicial administrative
17district, a court commissioner appointed under s. 48.065, 757.68, 757.72
or, 767.13
18or 938.065 may:".
AB130-AA25,5,20
20"
Section 536d. 757.69 (1) (k) of the statutes is amended to read:
AB130-AA25,5,2321
757.69
(1) (k) Exercise the power of a juvenile court commissioner appointed
22under s. 48.065
or 938.065, a probate court commissioner appointed under s. 757.72
23or a family court commissioner appointed under s. 767.13.
AB130-AA25,6,32
757.69
(2) (intro.) A judge may refer to a court commissioner appointed under
3s. 48.065, 757.68, 757.72
or, 767.13
or 938.065 cases in which:
AB130-AA25,6,65
757.69
(3) (intro.) Court commissioners appointed under s. 48.065, 757.68,
6757.72
or, 767.13
or 938.065 may under their own authority:
AB130-AA25,6,108
757.81
(2) "Court commissioner" means a court commissioner under s. 757.68,
9a family court commissioner under s. 767.13, a juvenile court commissioner under
10s. 48.065
or 938.065 and a probate court commissioner under s. 757.72.".
AB130-AA25,6,12
12"
Section 564m. 895.035 (2m) of the statutes is created to read:
AB130-AA25,7,213
895.035
(2m) (a) If a child fails to pay restitution under s. 938.245, 938.32,
14938.34 (5) or 938.343 (4) as ordered by a court assigned to exercise jurisdiction under
15chs. 48 and 938 or a municipal court or as agreed to in a deferred prosecution
16agreement or if it appears likely that the child will not pay restitution as ordered or
17agreed to, the victim, the victim's insurer, the representative of the public interest
18under s. 938.09 or the agency, as defined in s. 938.38 (1) (a), supervising the child may
19petition the court assigned to exercise jurisdiction under chs. 48 and 938 to order that
20the amount of restitution unpaid by the child be entered and docketed as a judgment
21against the child and the parent with custody of the child. A petition under this
22paragraph may be filed after the expiration of the deferred prosecution agreement,
23consent decree, dispositional order or sentence under which the restitution is
24payable, but no later than one year after the expiration of the deferred prosecution
1agreement, consent decree, dispositional order or sentence or any extension of the
2consent decree, dispositional order or sentence.