AB130-SSA1,160,2017 809.30 (1) (b) "Sentencing" means, in a felony or misdemeanor case, the
18imposition of a sentence, fine or probation. In a ch. 48, 51 or, 55 or 938 case, other
19than a termination of parental rights case under s. 48.43, it means the entry of the
20trial court's final judgment or order.
AB130-SSA1, s. 606 21Section 606. 809.30 (2) (d) of the statutes is amended to read:
AB130-SSA1,161,422 809.30 (2) (d) Except as provided in this paragraph, whenever a defendant
23whose trial counsel is appointed by the state public defender files a notice under par.
24(b) requesting public defender representation for purposes of postconviction relief,
25the district attorney may, within 5 days after the notice is served and filed, file in the

1trial court and serve upon the state public defender a request that the defendant's
2indigency be redetermined before counsel is appointed or transcripts are ordered.
3This paragraph does not apply to a child who is entitled to be represented by counsel
4under s. 48.23 or 938.23.
AB130-SSA1, s. 607 5Section 607. 809.30 (2) (fm) of the statutes is amended to read:
AB130-SSA1,161,116 809.30 (2) (fm) A child who has filed a notice of intent to pursue relief from a
7judgment or order entered in a ch. 48 or 938 proceeding shall be furnished at no cost
8a transcript of the proceedings or as much of it as is requested. To obtain the
9transcript at no cost, an affidavit must be filed stating that the person who is legally
10responsible for the child's care and support is financially unable or unwilling to
11purchase the transcript.
AB130-SSA1, s. 608 12Section 608. 809.40 (1) of the statutes is amended to read:
AB130-SSA1,161,1613 809.40 (1) An appeal to the court of appeals from a judgment or order in a
14misdemeanor case or a ch. 48, 51 or, 55 or 938 case, or a motion for postconviction
15relief in a misdemeanor case must be initiated within the time periods specified in
16s. 808.04 and is governed by the procedures specified in ss. 809.30 to 809.32.
AB130-SSA1, s. 609 17Section 609. 851.72 (7) of the statutes is amended to read:
AB130-SSA1,161,2018 851.72 (7) Except in counties having a population of 500,000 or more, perform
19the duties of clerk of the court assigned to exercise jurisdiction under ch. chs. 48 and
20938
unless these duties are performed by a person appointed under s. 48.04.
AB130-SSA1, s. 610 21Section 610. 859.07 (2) of the statutes, as affected by 1995 Wisconsin Act 27,
22section 7191c, is amended to read:
AB130-SSA1,162,923 859.07 (2) If the decedent was at the time of death or at any time prior thereto
24a patient or inmate of any state or county hospital or institution or any person
25responsible for any obligation owing to the state or county under s. 46.03 (18), 46.10

1or, 48.36 or 938.36 or if the decedent or the spouse of the decedent ever received
2medical assistance under subch. IV of ch. 49, long-term community support services
3funded under s. 46.27 (7) or aid under s. 49.68, 49.683 or 49.685, the personal
4representative shall send notice in writing of the date set under s. 859.01 by
5registered or certified mail to the department of health and social services or the
6department of corrections, as applicable, and the county clerk of the applicable
7county not less than 30 days before the date set under s. 859.01, upon such blanks
8and containing such information as the applicable department or county clerk may
9provide. The applicable county is the county of residence, as defined in s. 49.001 (6).
AB130-SSA1, s. 611 10Section 611. 880.15 (1) of the statutes is amended to read:
AB130-SSA1,162,2411 880.15 (1) Appointment. If, after consideration of a petition for temporary
12guardianship, the court finds that the welfare of a minor, spendthrift or an alleged
13incompetent requires the immediate appointment of a guardian of the person or of
14the estate, or of both, it may appoint a temporary guardian for a period not to exceed
1560 days unless further extended for 60 days by order of the court. The court may
16extend the period only once. The authority of the temporary guardian shall be
17limited to the performance of duties respecting specific property, or to the
18performance of particular acts, as stated in the order of appointment. All provisions
19of the statutes concerning the powers and duties of guardians shall apply to
20temporary guardians except as limited by the order of appointment. The temporary
21guardian shall make the reports the court directs and shall account to the court upon
22termination of authority. The court assigned to exercise jurisdiction under ch. chs.
2348 and 938 has exclusive jurisdiction over the appointment of a temporary guardian
24of a minor for medical purposes but shall proceed in accordance with this section.
AB130-SSA1, s. 612 25Section 612. 885.37 (1) (a) 2. of the statutes is amended to read:
AB130-SSA1,163,1
1885.37 (1) (a) 2. The person is a child or parent subject to ch. 48 or 938.
AB130-SSA1, s. 613 2Section 613. 895.035 (2m) of the statutes is created to read:
AB130-SSA1,163,163 895.035 (2m) (a) If a child fails to pay restitution under s. 938.245, 938.32,
4938.34 (5), 938.343 (4) or 938.345 as ordered by a court assigned to exercise
5jurisdiction under chs. 48 and 938 or a municipal court or as agreed to in a deferred
6prosecution agreement or if it appears likely that the child will not pay restitution
7as ordered or agreed to, the victim, the victim's insurer, the representative of the
8public interest under s. 938.09 or the agency, as defined in s. 938.38 (1) (a),
9supervising the child may petition the court assigned to exercise jurisdiction under
10chs. 48 and 938 to order that the amount of restitution unpaid by the child be entered
11and docketed as a judgment against the child and the parent with custody of the
12child. A petition under this paragraph may be filed after the expiration of the
13deferred prosecution agreement, consent decree, dispositional order or sentence
14under which the restitution is payable, but no later than one year after the expiration
15of the deferred prosecution agreement, consent decree, dispositional order or
16sentence or any extension of the consent decree, dispositional order or sentence.
AB130-SSA1,164,317 (b) If a child fails to pay a forfeiture as ordered by a court assigned to exercise
18jurisdiction under chs. 48 and 938 or a municipal court or if it appears likely that the
19child will not pay the forfeiture as ordered, the representative of the public interest
20under s. 938.09, the agency, as defined in s. 938.38 (1) (a), supervising the child or
21the law enforcement agency that issued the citation to the child may petition the
22court assigned to exercise jurisdiction under chs. 48 and 938 to order that the amount
23of the forfeiture unpaid by the child be entered and docketed as a judgment against
24the child and the parent with custody of the child. A petition under this paragraph
25may be filed after the expiration of the dispositional order or sentence under which

1the forfeiture is payable, but no later than one year after the expiration of the
2dispositional order or sentence or any extension of the dispositional order or
3sentence.
AB130-SSA1,164,154 (bm) 1. Before issuing an order under par. (a) or (b), the court assigned to
5exercise jurisdiction under chs. 48 and 938 shall give the child and the parent notice
6of the intent to issue the order and an opportunity to be heard regarding the order.
7The court shall give the child and the parent an opportunity to present evidence as
8to the amount of the restitution or forfeiture unpaid, but not as to the amount of the
9restitution or forfeiture originally ordered. The court shall also give the child and
10the parent an opportunity to present evidence as to the reason for the failure to pay
11the restitution or forfeiture and the ability of the child or the parent to pay the
12restitution or forfeiture. In considering the ability of the child or the parent to pay
13the restitution or forfeiture, the court may consider the assets, as well as the income,
14of the child or the parent and may consider the future ability of the child or parent
15to pay the restitution or forfeiture within the time specified in s. 893.40.
AB130-SSA1,164,2016 2. In proceedings under this subsection, the court assigned to exercise
17jurisdiction under chs. 48 and 938 may take judicial notice of any deferred
18prosecution agreement, consent decree, dispositional order, sentence, extension of a
19consent decree, dispositional order or sentence or any other finding or order in the
20records of the child maintained by that court or the municipal court.
AB130-SSA1,164,2321 3. In proceedings under this subsection, the child and the parent may retain
22counsel of their own choosing at their own expense, but a child or a parent has no
23right to be represented by appointed counsel in a proceeding under this subsection.
AB130-SSA1,165,1524 (c) The court assigned to exercise jurisdiction under chs. 48 and 938 may order
25that the child perform community service work for a public agency or nonprofit

1charitable organization that is designated by the court in lieu of making restitution
2or paying the forfeiture. If the parent agrees to perform community service work in
3lieu of making restitution or paying the forfeiture, the court may order that the
4parent perform community service work for a public agency or a nonprofit charitable
5organization that is designated by the court. Community service work may be in lieu
6of restitution only if also agreed to by the public agency or nonprofit charitable
7organization and by the person to whom restitution is owed. The court may utilize
8any available resources, including any community service work program, in ordering
9the child or parent to perform community service work. The number of hours of
10community service work required may not exceed the number determined by
11dividing the amount owed on the restitution or forfeiture by the minimum wage
12established under ch. 104 for adults in nonagriculture, nontipped employment. The
13court shall ensure that the child or parent is provided with a written statement of
14the terms of the community service order and that the community service order is
15monitored.
AB130-SSA1, s. 614 16Section 614. 895.035 (3) of the statutes is amended to read:
AB130-SSA1,165,2217 895.035 (3) An adjudication under s. 48.31 938.31 that the child violated a civil
18law or ordinance, is delinquent or is in need of protection and services under s. 48.13
19938.13 (12), based on proof that the child committed the act, subject to its
20admissibility under s. 904.10, shall, in an action under sub. (1), stop a child's parent
21or parents from denying that the child committed the act that resulted in the injury,
22damage or loss.
AB130-SSA1, s. 615 23Section 615. 895.035 (4) of the statutes, as affected by 1995 Wisconsin Act 24,
24is amended to read:
AB130-SSA1,166,9
1895.035 (4) Except for recovery for graffiti damage under sub. (4m) and for
2recovery for retail theft under s. 943.51, the maximum recovery from any parent or
3parents may not exceed $2,500 the amount specified in s. 799.01 (1) (d) for damages
4resulting from any one act of a child in addition to taxable costs and disbursements
5and reasonable attorney fees, as determined by the court. If 2 or more children in
6the custody of the same parent or parents commit the same act the total recovery may
7not exceed $2,500 the amount specified in s. 799.01 (1) (d), in addition to taxable costs
8and disbursements. The maximum recovery from any parent or parents for retail
9theft by their minor child is established under s. 943.51.
AB130-SSA1, s. 616 10Section 616. 895.035 (6) of the statutes is amended to read:
AB130-SSA1,166,1311 895.035 (6) Any recovery under this section shall be reduced by the amount
12recovered as restitution for the same act under s. 48.245, 48.32, 48.34 (5) or 48.343
13(4)
938.245, 938.32, 938.34 (5) or 938.343 (4).
AB130-SSA1, s. 617 14Section 617. 901.05 (2) (intro.) of the statutes is amended to read:
AB130-SSA1,166,2315 901.05 (2) (intro.) Except as provided in sub. (3), the results of a test or tests
16for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to
17HIV and the fact that a person has been ordered or required to submit to such a test
18or tests under s. 48.296 938.296 (4) or 968.38 (4) are not admissible during the course
19of a civil or criminal action or proceeding or an administrative proceeding, as
20evidence of a person's character or a trait of his or her character for the purpose of
21proving that he or she acted in conformity with that character on a particular
22occasion unless the evidence is admissible under s. 904.04 (1) or 904.05 (2) and unless
23the following procedures are used:
AB130-SSA1, s. 618 24Section 618. 901.05 (3) of the statutes is amended to read:
AB130-SSA1,167,4
1901.05 (3) The results of a test or tests under s. 48.296 938.296 (4) or 968.38
2(4) and the fact that a person has been ordered to submit to such a test or tests under
3s. 48.296 938.296 (4) or 968.38 (4) are not admissible during the course of a civil or
4criminal action or proceeding or an administrative proceeding.
AB130-SSA1, s. 619 5Section 619. 904.13 (2) of the statutes is amended to read:
AB130-SSA1,167,126 904.13 (2) In any action or proceeding under ch. 48 938 or chs. 967 to 979,
7evidence of the address of an alleged crime victim or any family member of an alleged
8crime victim or evidence of the name and address of any place of employment of an
9alleged crime victim or any family member of an alleged crime victim is relevant only
10if it meets the criteria under s. 904.01. District attorneys shall make appropriate
11objections if they believe that evidence of this information, which is being elicited by
12any party, is not relevant in the action or proceeding.
AB130-SSA1, s. 620 13Section 620. 905.04 (4) (i) of the statutes is amended to read:
AB130-SSA1,167,2014 905.04 (4) (i) Providing services to court in juvenile matters. There is no
15privilege regarding information obtained by an intake worker or dispositional staff
16in the provision of services under s. 48.067 or, 48.069, 938.067 or 938.069. An intake
17worker or dispositional staff member may disclose information obtained while
18providing services under s. 48.067 or 48.069 only as provided in s. 48.78 and may
19disclose information obtained while providing services under s. 938.067 or 938.069
20only as provided in s. 938.78
.
AB130-SSA1, s. 621 21Section 621. 906.08 (2) of the statutes is amended to read:
AB130-SSA1,168,322 906.08 (2) Specific instances of conduct. Specific instances of the conduct of
23a witness, for the purpose of attacking or supporting the witness's credibility, other
24than a conviction of crimes a crime or an adjudication of delinquency as provided in
25s. 906.09, may not be proved by extrinsic evidence. They may, however, subject to s.

1972.11 (2), if probative of truthfulness or untruthfulness and not remote in time, be
2inquired into on cross-examination of the witness or on cross-examination of a
3witness who testifies to his or her character for truthfulness or untruthfulness.
AB130-SSA1, s. 622 4Section 622. 906.09 (title) of the statutes is amended to read:
AB130-SSA1,168,6 5906.09 (title) Impeachment by evidence of conviction of crime or
6adjudication of delinquency
.
AB130-SSA1, s. 623 7Section 623. 906.09 (1) of the statutes is amended to read:
AB130-SSA1,168,118 906.09 (1) General rule. For the purpose of attacking the credibility of a
9witness, evidence that the witness has been convicted of a crime or adjudicated
10delinquent
is admissible. The party cross-examining the witness is not concluded
11by the witness's answer.
AB130-SSA1, s. 624 12Section 624. 906.09 (2) of the statutes is amended to read:
AB130-SSA1,168,1513 906.09 (2) Exclusion. Evidence of a conviction of a crime or an adjudication of
14delinquency
may be excluded if its probative value is substantially outweighed by
15the danger of unfair prejudice.
AB130-SSA1, s. 625 16Section 625. 906.09 (3) of the statutes is amended to read:
AB130-SSA1,168,2017 906.09 (3) (title) Admissibility of conviction or adjudication. No question
18inquiring with respect to a conviction of a crime or an adjudication of delinquency,
19nor introduction of evidence with respect thereto, shall be permitted until the judge
20determines pursuant to s. 901.04 whether the evidence should be excluded.
AB130-SSA1, s. 626 21Section 626. 906.09 (4) of the statutes is repealed.
AB130-SSA1, s. 627 22Section 627. 906.09 (5) of the statutes is amended to read:
AB130-SSA1,168,2523 906.09 (5) Pendency of appeal. The pendency of an appeal therefrom does not
24render evidence of a conviction or a delinquency adjudication inadmissible.
25Evidence of the pendency of an appeal is admissible.
AB130-SSA1, s. 628
1Section 628. 908.08 (1) of the statutes is amended to read:
AB130-SSA1,169,52 908.08 (1) In any criminal trial or hearing, juvenile fact-finding hearing under
3s. 48.31 or 938.31 or revocation hearing under s. 304.06 (3) or 973.10 (2), the court
4or hearing examiner may admit into evidence the videotaped oral statement of a
5child who is available to testify, as provided in this section.
AB130-SSA1, s. 629 6Section 629. Chapter 938 of the statutes is created to read:
AB130-SSA1,169,87 Chapter 938
8 Juvenile justice code
AB130-SSA1,169,109 Subchapter I
10 General provisions
AB130-SSA1,169,13 11938.01 Title, legislative intent and purposes. (1) This chapter may be
12cited as "The Juvenile Justice Code", and shall be liberally construed in accordance
13with the objectives expressed in this section.
AB130-SSA1,169,18 14(2) It is the intent of the legislature to promote a juvenile justice system capable
15of dealing with the problem of juvenile delinquency, a system which will protect the
16community, impose accountability for violations of law and equip juvenile offenders
17with competencies to live responsibly and productively. To effectuate this intent, the
18legislature declares the following to be equally important purposes of this chapter:
AB130-SSA1,169,1919 (a) To protect citizens from juvenile crime.
AB130-SSA1,169,2020 (b) To hold each juvenile offender directly accountable for his or her acts.
AB130-SSA1,169,2421 (c) To provide an individualized assessment of each alleged and adjudicated
22delinquent juvenile, in order to prevent further delinquent behavior through the
23development of competency in the juvenile offender, so that he or she is more capable
24of living productively and responsibly in the community.
AB130-SSA1,170,3
1(d) To provide due process through which each juvenile offender and all other
2interested parties are assured fair hearings, during which constitutional and other
3legal rights are recognized and enforced.
AB130-SSA1,170,54 (e) To divert juveniles from the juvenile justice system through early
5intervention as warranted, when consistent with the protection of the public.
AB130-SSA1,170,86 (f) To respond to a juvenile offender's needs for care and treatment, consistent
7with the prevention of delinquency, each juvenile's best interest and protection of the
8public, by allowing the judge to utilize the most effective dispositional option.
AB130-SSA1,170,139 (g) To ensure that victims and witnesses of acts committed by juveniles that
10result in proceedings under this chapter are, consistent with the provisions of this
11chapter and the Wisconsin constitution, afforded the same rights as victims and
12witnesses of crimes committed by adults, and are treated with dignity, respect,
13courtesy and sensitivity throughout such proceedings.
AB130-SSA1,170,14 14938.02 Definitions. In this chapter:
AB130-SSA1,170,18 15(1) "Adult" means a person who is 18 years of age or older, except that for
16purposes of prosecuting a person who is alleged to have violated any state or federal
17criminal law or any civil law or municipal ordinance, "adult" means a person who has
18attained 17 years of age.
AB130-SSA1,170,19 19(1m) "Alcoholism" has the meaning given in s. 51.01 (1m).
AB130-SSA1,170,24 20(1p) "Alcohol or other drug abuse impairment" means a condition of a person
21which is exhibited by characteristics of habitual lack of self-control in the use of
22alcohol beverages or controlled substances to the extent that the person's health is
23substantially affected or endangered or the person's social or economic functioning
24is substantially disrupted.
AB130-SSA1,170,25 25(1s) "Approved treatment facility" has the meaning given in s. 51.01 (2).
AB130-SSA1,171,3
1(2c) "Child caring institution" means a facility operated by a child welfare
2agency licensed under s. 48.60 for the care and maintenance of persons residing in
3that facility.
AB130-SSA1,171,4 4(2d) "Controlled substance" has the meaning given in s. 161.01 (4).
AB130-SSA1,171,6 5(2g) "County department" means a county department under s. 46.215, 46.22
6or 46.23, unless the context requires otherwise.
AB130-SSA1,171,11 7(2m) "Court", when used without further qualification, means the court
8assigned to exercise jurisdiction under this chapter and ch. 48 or, when used with
9reference to a juvenile who is subject to s. 938.183 (2), a court of criminal jurisdiction
10or, when used with reference to a juvenile who is subject to s. 938.17 (2), a municipal
11court.
AB130-SSA1,171,13 12(3) "Court intake worker" means any person designated to provide intake
13services under s. 938.067.
AB130-SSA1,171,17 14(3m) "Delinquent" means a juvenile who is 10 years of age or older who has
15violated any state or federal criminal law, except as provided in ss. 938.17, 938.18
16and 938.183, or who has committed a contempt of court, as defined in s. 785.01 (1),
17as specified in s. 938.355 (6g).
AB130-SSA1,171,18 18(4) "Department" means the department of corrections.
AB130-SSA1,171,20 19(5) "Developmentally disabled" means having a developmental disability, as
20defined in s. 51.01 (5).
AB130-SSA1,171,21 21(5g) "Drug dependent" has the meaning given in s. 51.01 (8).
AB130-SSA1,171,24 22(6) "Foster home" means any facility that is operated by a person required to
23be licensed by s. 48.62 (1) (a) and that provides care and maintenance for no more
24than 4 juveniles unless all of the juveniles are siblings.
AB130-SSA1,172,3
1(7) "Group home" means any facility operated by a person required to be
2licensed by the department under s. 48.625 for the care and maintenance of 5 to 8
3juveniles.
AB130-SSA1,172,5 4(8) "Guardian" means the person named by the court having the duty and
5authority of guardianship.
AB130-SSA1,172,6 6(9m) "Habitual truant" has the meaning given in s. 118.16 (1) (a).
AB130-SSA1,172,7 7(9s) "Integrated service plan" has the meaning given in s. 46.56 (1) (g).
AB130-SSA1,172,12 8(10) "Judge", if used without further qualification, means the judge of the court
9assigned to exercise jurisdiction under this chapter and ch. 48 or, if used with
10reference to a juvenile who is subject to s. 938.183 (2), the judge of the court of
11criminal jurisdiction or, when used with reference to a juvenile who is subject to s.
12938.17 (2), the judge of the municipal court.
AB130-SSA1,172,16 13(10m) "Juvenile" means a person who is less than 18 years of age, except that
14for purposes of prosecuting a person who is alleged to have violated a state or federal
15criminal law or any civil law or municipal ordinance, "juvenile" does not include a
16person who has attained 17 years of age.
AB130-SSA1,172,19 17(11) "Legal custodian" means a person, other than a parent or guardian, or an
18agency to whom legal custody of a juvenile has been transferred by a court, but does
19not include a person who has only physical custody of the juvenile.
AB130-SSA1,172,25 20(12) "Legal custody" means a legal status created by the order of a court, which
21confers the right and duty to protect, train and discipline a juvenile, and to provide
22food, shelter, legal services, education and ordinary medical and dental care, subject
23to the rights, duties and responsibilities of the guardian of the juvenile and subject
24to any residual parental rights and responsibilities and the provisions of any court
25order.
AB130-SSA1,173,6
1(13) "Parent" means either a biological parent, a husband who has consented
2to the artificial insemination of his wife under s. 891.40, or a parent by adoption. If
3the juvenile is a nonmarital child who is not adopted or whose parents do not
4subsequently intermarry under s. 767.60, "parent" includes a person adjudged in a
5judicial proceeding to be the biological father. "Parent" does not include any person
6whose parental rights have been terminated.
AB130-SSA1,173,8 7(14) "Physical custody" means actual custody of the person in the absence of
8a court order granting legal custody to the physical custodian.
AB130-SSA1,173,11 9(14m) "Pupil assistance program" means a program provided by a school board
10under s. 115.362 (4) (b) 2. to intervene in the abuse of alcohol and other drugs by
11pupils.
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