AB130-SSA1,116,223
118.162
(4) (e) The types of truancy cases to be referred to the district attorney
24for the filing of information under s.
48.24 938.24 or prosecution under s. 118.15 (5)
1and the time periods within which the district attorney will respond to and take
2action on the referrals.
AB130-SSA1,116,64
118.163
(2) (b) An order for the child to participate in counseling
, community
5service or a supervised work program
as provided
or other community service work 6under s.
48.34 (9) 938.34 (5g).
AB130-SSA1,116,98
118.163
(2) (d) An order for the child to attend an educational program under
9s.
48.34 (12) 938.34 (7d).
AB130-SSA1,116,1311
118.163
(2) (e) An order for the department of industry, labor and human
12relations to revoke, under s. 103.72, a permit under s. 103.70 authorizing the
13employment of the child.
AB130-SSA1,116,1615
118.163
(2) (f) An order for the juvenile to be placed in a teen court program as
16described in s. 938.342 (1) (f).
AB130-SSA1,117,618
120.12
(18) Continuity of educational programming. Coordinate and provide
19for continuity of educational programming for pupils receiving educational services
20as the result of a court order under s.
48.34 (12)
48.345 (12) or 938.34 (7d), including
21but not limited to providing a
written report to the court assigned to exercise
22jurisdiction under
ch. chs. 48
and 938 and the agency which is required to submit an
23educational plan for a child under s. 48.33
or 938.33 (1) (e). The
written report shall
24describe the child's educational status and make recommendations regarding
25educational programming for the child. The
written
report shall be in writing, except
1that if the educational plan under s. 938.33 (1) (e) is presented orally at the
2dispositional hearing the report may be presented orally to the court assigned to
3exercise jurisdiction under chs. 48 and 938 and the agency at the dispositional
4hearing. If written, the report shall be provided to the court assigned to exercise
5jurisdiction under
ch. chs. 48
and 938 and the agency at least 3 days before the date
6of the child's dispositional hearing.
AB130-SSA1,117,188
121.78
(4) Court-ordered educational services. If a pupil is receiving
9educational services as the result of a court order under s.
48.34 48.345 (12)
or 938.34
10(7d), the school board of the school district in which the pupil resided at the time of
11issuance of the court order shall pay tuition for the pupil. A school board paying
12tuition for a pupil under this subsection shall count the pupil as 1.0 pupil in
13membership for general aid under subch. II. The school board shall pay each agency
14specified under s.
48.34 48.345 (12) (a) 2. to 4.
or 938.34 (7d) (a) 2. to 4., for each
15full-time equivalent pupil served by the agency, an amount equal to at least 80% of
16the average per pupil cost for the school district. No state aid may be paid to the
17technical college district for pupils attending the technical college under s.
48.34 1848.345 (12) (a) 4.
or 938.34 (7d) (a) 4.
AB130-SSA1,117,2320
125.07
(4) (bs) 1. For a first violation, a forfeiture of not less than $250 nor more
21than $500, suspension of the person's operating privilege as provided under s. 343.30
22(6) (b) 1., participation in a supervised work program
or other community service
23work under par. (cg) or any combination of these penalties.
AB130-SSA1,118,5
1125.07
(4) (bs) 2. For a violation committed within 12 months of a previous
2violation, either a forfeiture of not less than $300 nor more than $500, suspension
3of the person's operating privilege as provided under s. 343.30 (6) (b) 2., participation
4in a supervised work program
or other community service work under par. (cg) or any
5combination of these penalties.
AB130-SSA1,118,117
125.07
(4) (bs) 3. For a violation committed within 12 months of 2 previous
8violations, either a forfeiture of not less than $500 nor more than $750, revocation
9of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a
10supervised work program
or other community service work under par. (cg) or any
11combination of these penalties.
AB130-SSA1,118,1713
125.07
(4) (bs) 4. For a violation committed within 12 months of 3 or more
14previous violations, either a forfeiture of not less than $750 nor more than $1,000,
15revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation
16in a supervised work program
or other community service work under par. (cg) or any
17combination of these penalties.
AB130-SSA1,118,2219
125.07
(4) (c) 1. For a first violation, a forfeiture of not less than $100 nor more
20than $200, suspension of the person's operating privilege as provided under s. 343.30
21(6) (b) 1
., participation in a supervised work program
or other community service
22work under par. (cg) or any combination of these penalties.
AB130-SSA1,119,324
125.07
(4) (c) 2. For a violation committed within 12 months of a previous
25violation, either a forfeiture of not less than $200 nor more than $300, suspension
1of the person's operating privilege as provided under s. 343.30 (6) (b) 2., participation
2in a supervised work program
or other community service work under par. (cg) or any
3combination of these penalties.
AB130-SSA1,119,95
125.07
(4) (c) 3. For a violation committed within 12 months of 2 previous
6violations, either a forfeiture of not less than $300 nor more than $500, revocation
7of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a
8supervised work program
or other community service work under par. (cg) or any
9combination of these penalties.
AB130-SSA1,119,1511
125.07
(4) (c) 4. For a violation committed within 12 months of 3 or more
12previous violations, either a forfeiture of not less than $500 nor more than $1,000,
13revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation
14in a supervised work program
or other community service work under par. (cg) or any
15combination of these penalties.
AB130-SSA1,120,517
125.07
(4) (cg) 1.
If the court orders a person to participate in a A supervised
18work program
ordered under par. (bs) or (c)
, the shall be administered by the county
19department under s. 46.215 or 46.22 or by a community agency approved by the
20court. The court shall set standards for the
supervised work program within the
21budgetary limits established by the county board of supervisors. The
supervised
22work program may provide the person with reasonable compensation reflecting the
23market value of the work performed
, or it may consist of uncompensated community
24service work
, and shall be administered by a the county department under s. 46.215
25or 46.22 or a community agency approved by the court. Community service work
1ordered under par. (bs) or (c), other than community service work performed under
2a supervised work program, shall be administered by a public agency or nonprofit
3charitable organization approved by the court. The court may use any available
4resources, including any community service work program, in ordering the child to
5perform community service work under par. (bs) or (c).
AB130-SSA1,120,136
2. The supervised work program
or other community service work shall be of
7a constructive nature designed to promote the person's rehabilitation, shall be
8appropriate to the person's age level and physical ability and shall be combined with
9counseling from
an agency staff a member
of the staff of the county department,
10community agency, public agency or nonprofit charitable organization or other
11qualified person. The
supervised work program
or other community service work 12may not conflict with the person's regular attendance at school. The amount of work
13required shall be reasonably related to the seriousness of the person's offense.
AB130-SSA1,120,1815
125.07
(4) (d) A person who is under 18 years of age on the date of disposition
16is subject to s.
48.344 938.344 unless proceedings have been instituted against the
17person in a court of civil or criminal jurisdiction after dismissal of the citation under
18s.
48.344 938.344 (3).
AB130-SSA1, s. 483
19Section
483. 125.07 (4) (e) 2. a. of the statutes is amended to read:
AB130-SSA1,120,2420
125.07
(4) (e) 2. a. Submit to an alcohol abuse assessment that conforms to the
21criteria specified under s.
48.547 938.547 (4) and that is conducted by an approved
22treatment facility. The order shall designate an approved treatment facility to
23conduct the alcohol abuse assessment and shall specify the date by which the
24assessment must be completed.
AB130-SSA1,121,5
1125.085
(3) (bd) Any underage person who violates par. (b) is subject to a
2forfeiture of not less than $100 nor more than $500, suspension of the person's
3operating privilege under s. 343.30 (6) (bm), participation in a supervised work
4program
or other community service work under par. (bh) or any combination of
5these penalties.
AB130-SSA1,121,207
125.085
(3) (bh) 1.
If the court orders a person to participate in a A supervised
8work program
ordered under par. (bd)
, the shall be administered by the county
9department under s. 46.215 or 46.22 or by a community agency approved by the
10court. The court shall set standards for the
supervised work program within the
11budgetary limits established by the county board of supervisors. The
supervised
12work program may provide the person with reasonable compensation reflecting the
13market value of the work performed
, or it may consist of uncompensated community
14service work
, and shall be administered by the county department under s. 46.215
15or 46.22 or a community agency approved by the court. Community service work
16ordered under par. (bd), other than community service work performed under a
17supervised work program, shall be administered by a public agency or nonprofit
18charitable organization approved by the court. The court may use any available
19resources, including any community service work program, in ordering the child to
20perform community service work under par. (bd).
AB130-SSA1,122,321
2. The supervised work program
or other community service work shall be of
22a constructive nature designed to promote the person's rehabilitation, shall be
23appropriate to the person's age level and physical ability and shall be combined with
24counseling from
an agency staff a member
of the staff of the county department,
25community agency, public agency or nonprofit charitable organization or other
1qualified person. The
supervised work program
or other community service work 2may not conflict with the person's regular attendance at school. The amount of work
3required shall be reasonably related to the seriousness of the person's offense.
AB130-SSA1,122,85
125.085
(3) (bt) A person who is under 18 years of age on the date of disposition
6is subject to s.
48.344 938.344 unless proceedings have been instituted against the
7person in a court of civil or criminal jurisdiction after dismissal of the citation under
8s.
48.344 938.344 (3).
AB130-SSA1,122,1210
125.09
(2) (d) A person who violates this subsection is subject to a forfeiture of
11not more than $200, except that ss.
48.344 and 125.07 (4) (c) and (d)
and 938.344 12provide the penalties applicable to underage persons.
AB130-SSA1,122,1714
146.34
(1) (e) "Legal custodian" means a person other than a parent or
15guardian or an agency to whom the legal custody of a minor has been transferred by
16a court under ch. 48
or 938, but does not include a person who has only physical
17custody of a minor.
AB130-SSA1, s. 489
18Section
489. 146.34 (5) (a) (intro.) of the statutes is amended to read:
AB130-SSA1,122,2219
146.34
(5) (a) (intro.) A relative of the prospective donor or the district attorney
20or corporation counsel of the county of residence of the prospective donor may file a
21petition with the court assigned to exercise jurisdiction under
ch. chs. 48
and 938 for
22an order to prohibit either of the following:
AB130-SSA1,123,524
146.81
(4) "Patient health care records" means all records related to the health
25of a patient prepared by or under the supervision of a health care provider, including
1the records required under s. 146.82 (2) (d) and (3) (c), but not those records subject
2to s. 51.30, reports collected under s. 69.186, records of tests administered under s.
348.296 (4), 252.15 (2) (a) 7., 343.305
, 938.296 (4) or 968.38 (4), fetal monitor tracings,
4as defined under s. 146.817 (1), or a pupil's physical health records maintained by
5a school under s. 118.125.
AB130-SSA1,123,218
146.81
(5) "Person authorized by the patient" means the parent, guardian or
9legal custodian of a minor patient, as defined in s. 48.02 (8) and (11), the person
10vested with supervision of the child under s.
48.34
938.183 or 938.34 (4h), (4m) or
11(4n), the guardian of a patient adjudged incompetent, as defined in s. 880.01 (3) and
12(4), the personal representative or spouse of a deceased patient, any person
13authorized in writing by the patient or a health care agent designated by the patient
14as a principal under ch. 155 if the patient has been found to be incapacitated under
15s. 155.05 (2), except as limited by the power of attorney for health care instrument.
16If no spouse survives a deceased patient, "person authorized by the patient" also
17means an adult member of the deceased patient's immediate family, as defined in s.
18632.895 (1) (d). A court may appoint a temporary guardian for a patient believed
19incompetent to consent to the release of records under this section as the person
20authorized by the patient to decide upon the release of records, if no guardian has
21been appointed for the patient.
AB130-SSA1, s. 492
22Section
492. 157.065 (2) (a) 4. c. of the statutes is amended to read:
AB130-SSA1,123,2423
157.065
(2) (a) 4. c. A
Type 1 secured correctional facility, as defined in s. 48.02
24(15m) (19).
AB130-SSA1, s. 493
1Section
493. 157.065 (2) (a) 4. c. of the statutes, as affected by 1995 Wisconsin
2Act .... (this act), is repealed and recreated to read:
AB130-SSA1,124,43
157.065
(2) (a) 4. c. A Type 1 secured correctional facility, as defined in s. 938.02
4(19).
AB130-SSA1,124,87
161.573
(2) Any person who violates this section who is under 17 years of age
8is subject to a disposition under s.
48.344 938.344 (2e).
AB130-SSA1,124,1211
161.574
(2) Any person who violates this section who is under 17 years of age
12is subject to a disposition under s.
48.344 938.344 (2e).
AB130-SSA1,124,1615
161.575
(2) Any person who violates this section who is under 17 years of age
16is subject to a disposition under s.
48.344 938.344 (2e).
AB130-SSA1,124,2118
165.76
(1) (a) Is in prison or a secured correctional facility, as defined in s. 48.02
19(15m), or on probation, parole, supervision
, or aftercare supervision
or corrective
20sanctions supervision on or after August 12, 1993, for any violation of s. 940.225 (1)
21or (2), 948.02 (1) or (2) or 948.025.
AB130-SSA1, s. 498
22Section
498. 165.76 (1) (a) of the statutes, as affected by 1995 Wisconsin Act
23.... (this act), is repealed and recreated to read:
AB130-SSA1,125,224
165.76
(1) (a) Is in prison or a secured correctional facility, as defined in s.
25938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g) or on
1probation, parole, supervision or aftercare supervision on or after August 12, 1993,
2for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.
AB130-SSA1,125,124
165.76
(2) (b) 2. If the person has been sentenced to prison or placed in a secured
5correctional facility, he or she shall provide the specimen under par. (a) at the office
6of a county sheriff as soon as practicable after release on parole
, or aftercare
7supervision
or corrective sanctions supervision, as directed by his or her probation
8and parole agent
, or aftercare agent
or corrective sanctions agent, except that the
9department of corrections may require the person to provide the specimen while he
10or she is in prison and the department of health and social services may require the
11person, if a child, to provide the specimen while he or she is placed at a secured
12correctional facility.
AB130-SSA1, s. 500
13Section
500. 165.76 (2) (b) 2. of the statutes, as affected by 1995 Wisconsin Act
14.... (this act), is repealed and recreated to read:
AB130-SSA1,125,2115
165.76
(2) (b) 2. If the person has been sentenced to prison or placed in a secured
16correctional facility or a secured child caring institution, he or she shall provide the
17specimen under par. (a) at the office of a county sheriff as soon as practicable after
18release on parole or aftercare supervision, as directed by his or her probation and
19parole agent or aftercare agent, except that the department of corrections may
20require the person to provide the specimen while he or she is in prison or in a secured
21correctional facility or a secured child caring institution.
AB130-SSA1,126,323
165.76
(2) (b) 5. Notwithstanding subds. 1. to 3., for persons who are subject
24to sub. (1) and who are in prison or a secured correctional facility or on probation,
25parole, supervision
, or aftercare supervision
or corrective sanctions supervision on
1August 12, 1993, the departments of justice, corrections and health and social
2services shall cooperate to have these persons provide specimens under par. (a)
3before July 1, 1998.
AB130-SSA1, s. 483m
4Section 483m. 165.76 (2) (b) 5. of the statutes, as affected by 1995 Wisconsin
5Act .... (this act), is repealed and recreated to read:
AB130-SSA1,126,116
165.76
(2) (b) 5. Notwithstanding subds. 1. to 3., for persons who are subject
7to sub. (1) and who are in prison, a secured correctional facility or a secured child
8caring institution or on probation, parole, supervision or aftercare supervision on
9August 12, 1993, the departments of justice, corrections and health and social
10services shall cooperate to have these persons provide specimens under par. (a)
11before July 1, 1998.
AB130-SSA1,126,1513
165.76
(3) If a person is required to submit a biological specimen under s.
48.34 14(15), 51.20 (13) (cr),
938.34 (15), 971.17 (1m) or 973.047, he or she shall comply with
15that requirement and is not required to comply with this section.
AB130-SSA1,126,1917
165.765
(1) Whoever intentionally fails to comply with a requirement to submit
18a biological specimen under s.
48.34 (15), 165.76
, 938.34 (15) or 973.047 may be fined
19not more than $10,000 or imprisoned for not more than 9 months or both.
AB130-SSA1,126,2521
165.765
(2) (a) Any physician, registered nurse, medical technologist,
22physician assistant or person acting under the direction of a physician who obtains
23a biological specimen under s.
48.34 (15), 165.76
, 938.34 (15) or 973.047 is immune
24from any civil or criminal liability for the act, except for civil liability for negligence
25in the performance of the act.
AB130-SSA1,127,32
165.77
(2) (b) Paragraph (a) does not apply to specimens received under s.
48.34 3(15), 51.20 (13) (cr), 165.76,
938.34 (15), 971.17 (1m) or 973.047.
AB130-SSA1,127,175
165.77
(3) If the laboratories receive a human biological specimen under s.
648.34 (15), 51.20 (13) (cr), 165.76,
938.34 (15), 971.17 (1m) or 973.047, the
7laboratories shall analyze the deoxyribonucleic acid in the specimen. The
8laboratories shall maintain a data bank based on data obtained from
9deoxyribonucleic acid analysis of those specimens. The laboratories may compare
10the data obtained from one specimen with the data obtained from other specimens.
11The laboratories may make data obtained from any analysis and comparison
12available to law enforcement agencies in connection with criminal or delinquency
13investigations and, upon request, to any prosecutor, defense attorney or subject of
14the data. The data may be used in criminal and delinquency actions and proceedings.
15In this state, the use is subject to s. 972.11 (5). The laboratories shall destroy
16specimens obtained under this subsection after analysis has been completed and the
17applicable court proceedings have concluded.
AB130-SSA1,127,2119
175.35
(1) (ag) "Criminal history record" includes information reported to the
20department under s.
48.396 938.396 (8) that indicates a person was adjudicated
21delinquent for an act that if committed by an adult in this state would be a felony.
AB130-SSA1,128,223
175.45
(1) (b) Is in prison
or, a secured correctional facility
, as defined in s.
24938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or
1on probation, parole, supervision or aftercare supervision on or after December 25,
21993, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.