AB130-SSA1,154,2321
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-SSA1,155,2
1757.69
(2) (intro.) A judge may refer to a court commissioner appointed under
2s. 48.065, 757.68, 757.72
or, 767.13
or 938.065 cases in which:
AB130-SSA1,155,54
757.69
(3) (intro.) Court commissioners appointed under s. 48.065, 757.68,
5757.72
or, 767.13
or 938.065 may under their own authority:
AB130-SSA1,155,97
757.81
(2) "Court commissioner" means a court commissioner under s. 757.68,
8a family court commissioner under s. 767.13, a juvenile court commissioner under
9s. 48.065
or 938.065 and a probate court commissioner under s. 757.72.
AB130-SSA1,155,1612
758.19
(6) (a) In this subsection, "guardian ad litem costs" means the costs of
13guardian ad litem compensation that a county incurs under ch. 48, 55, 767
or, 880
14or 938, that the county has final legal responsibility to pay or that the county is
15unable to recover from another person and that does not exceed the per hour rate
16established for time spent in court by private attorneys under s. 977.08 (4m) (b).
AB130-SSA1,155,2119
758.19
(6) (d) 1. The total cost of guardian ad litem compensation that the
20county incurred under chs. 48, 55, 767
and, 880
and 938 in the previous calendar
21year.
AB130-SSA1,155,2422
2. The total guardian ad litem compensation that the county initially paid
23under chs. 48, 55, 767
and, 880
and 938 and that was recovered in the previous
24calendar year by the county from another responsible person.
AB130-SSA1,156,3
1767.02
(1) (m) To enforce or revise an order for support entered under s. 48.355
2(2) (b) 4., 48.357 (5m)
or, 48.363 (2)
, 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m) or
3938.363 (2).
AB130-SSA1,156,75
767.24
(3) (e) The charges for care furnished to a child whose custody is
6transferred under this subsection shall be pursuant to the procedure under s. 48.36
7(1)
or 938.36 (1) except as provided in s. 767.29 (3).
AB130-SSA1,156,169
767.29
(3) If maintenance payments or support money, or both, is ordered to
10be paid for the benefit of any person, who is committed by court order to an institution
11or is in confinement, or whose legal custody is vested by court order under ch. 48
or
12938 in an agency, department or relative, the court or family court commissioner may
13order such maintenance payments or support money to be paid to the relative or
14agency, institution, welfare department or other entity having the legal or actual
15custody of said person, and to be used for the latter's care and maintenance, without
16the appointment of a guardian under ch. 880.
AB130-SSA1,156,2518
767.30
(1) If the court orders any payment for support under s. 48.355 (2) (b)
194., 48.357 (5m)
or, 48.363 (2),
938.183 (2), 938.355 (2) (b) 4., 938.357 (5m) or 938.363
20(2), support or maintenance under s. 767.08, child support, family support or
21maintenance under s. 767.23, child support under s. 767.25, maintenance under s.
22767.26, family support under s. 767.261, attorney fees under s. 767.262, paternity
23obligations under s. 767.51, support arrearages under s. 767.293 or child or spousal
24support under s. 948.22 (7), the court may provide that any payment be paid in the
25amounts and at the times
as that it considers expedient.
AB130-SSA1,157,11
2767.305 Enforcement; contempt proceedings. In all cases where a party
3has incurred a financial obligation under s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2),
4767.23, 767.25, 767.255, 767.26, 767.261, 767.262
or, 767.293
, 938.183 (2), 938.355
5(2) (b) 4., 938.357 (5m) or 938.363 (2) and has failed within a reasonable time or as
6ordered by the court to satisfy such obligation, and where the wage assignment
7proceeding under s. 767.265 and the account transfer under s. 767.267 are
8inapplicable, impractical or unfeasible, the court may on its own initiative, and shall
9on the application of the receiving party, issue an order requiring the payer to show
10cause at some reasonable time therein specified why he or she should not be punished
11for such misconduct as provided in ch. 785.
AB130-SSA1,158,1313
767.32
(1) (a) After a judgment or order providing for child support under this
14chapter or s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2)
, 938.183 (2), 938.355 (2) (b) 4.,
15938.357 (5m), 938.363 (2) or 948.22 (7), maintenance payments under s. 767.26 or
16family support payments under this chapter, or for the appointment of trustees
17under s. 767.31, the court may, from time to time, on the petition, motion or order to
18show cause of either of the parties, or upon the petition, motion or order to show cause
19of the department of health and social services, a county department under s. 46.215,
2046.22 or 46.23 or a child support program designee under s. 59.07 (97) if an
21assignment has been made under s. 49.19 (4) (h) or 49.45 (19) or if either party or
22their minor children receive aid under ch. 49, and upon notice to the family court
23commissioner, revise and alter such judgment or order respecting the amount of such
24maintenance or child support and the payment thereof, and also respecting the
25appropriation and payment of the principal and income of the property so held in
1trust, and may make any judgment or order respecting any of the matters that such
2court might have made in the original action, except that a judgment or order that
3waives maintenance payments for either party shall not thereafter be revised or
4altered in that respect nor shall the provisions of a judgment or order with respect
5to final division of property be subject to revision or modification. A revision, under
6this section, of a judgment or order with respect to an amount of child or family
7support may be made only upon a finding of a substantial change in circumstances.
8In any action under this section to revise a judgment or order with respect to
9maintenance payments, a substantial change in the cost of living by either party or
10as measured by the federal bureau of labor statistics may be sufficient to justify a
11revision of judgment or order with respect to the amount of maintenance, except that
12a change in an obligor's cost of living is not in itself sufficient if payments are
13expressed as a percentage of income.
AB130-SSA1,158,1815
767.32
(2r) If the court revises a judgment or order providing for child support
16that was entered under s. 448.355 (2) (b) 4., 48.357 (5m)
or, 48.363 (2),
938.183 (2),
17938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2), the court shall determine child support
18in the manner provided in s. 46.10 (14).
AB130-SSA1,158,2220
767.47
(10) A record of the testimony of the child's mother relating to the child's
21paternity, made as provided under s. 48.299 (6)
or 938.299 (6), is admissible in
22evidence on the issue of paternity.
AB130-SSA1,159,224
778.25
(1) (a) 1. Under s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 161.573
25(2), 161.574 (2) or 161.575 (2) or under a local ordinance strictly conforming to one
1of those statutes brought against an adult in circuit court or against a minor in the
2court assigned to exercise jurisdiction under
ch.
chs. 48
and 938.
AB130-SSA1,159,54
778.25
(1) (a) 4. Under s. 48.983 brought against a minor in the court assigned
5to exercise jurisdiction under
ch. chs. 48
and 938.
AB130-SSA1,159,97
778.25
(1) (a) 5. Under administrative rules promulgated by the board of
8regents under s. 36.11 (1) (c) brought against an adult in circuit court or against a
9minor in the court assigned to exercise jurisdiction under
ch. chs. 48
and 938.
AB130-SSA1,159,1411
778.25
(8) (a) If the defendant has not made a deposit, the court may issue a
12summons or an arrest warrant, except if the defendant is a minor the court shall
13proceed under s.
48.28 938.28. Chapter
48 938 governs taking and holding a minor
14in custody.
AB130-SSA1,160,616
778.25
(8) (b) If the defendant has made a deposit, the citation may serve as
17the initial pleading and the defendant shall be considered to have tendered a plea
18of no contest and submitted to a forfeiture, penalty assessment and jail assessment
19plus costs, including any applicable fees prescribed in ch. 814, not exceeding the
20amount of the deposit. The court may either accept the plea of no contest and enter
21judgment accordingly, or reject the plea and issue a summons or arrest warrant,
22except if the defendant is a minor the court shall proceed under s.
48.28 938.28.
23Chapter
48 938 governs taking and holding a minor in custody. If the court accepts
24the plea of no contest, the defendant may move within 90 days after the date set for
25appearance to withdraw the plea of no contest, open the judgment and enter a plea
1of not guilty if the defendant shows to the satisfaction of the court that failure to
2appear was due to mistake, inadvertence, surprise or excusable neglect. If a party
3is relieved from the plea of no contest, the court or judge may order a written
4complaint or petition to be filed. If on reopening the defendant is found not guilty,
5the court shall delete the record of conviction and shall order the defendant's deposit
6returned.
AB130-SSA1,160,208
778.25
(8) (c) If the defendant has made a deposit and stipulation of no contest,
9the citation serves as the initial pleading and the defendant shall be considered to
10have tendered a plea of no contest and submitted to a forfeiture, penalty assessment
11and jail assessment plus costs, including any applicable fees prescribed in ch. 814,
12not exceeding the amount of the deposit. The court may either accept the plea of no
13contest and enter judgment accordingly, or reject the plea and issue a summons or
14arrest warrant, except if the defendant is a minor the court shall proceed under s.
1548.28 938.28. Chapter
48 938 governs taking and holding a minor in custody. After
16signing a stipulation of no contest, the defendant may, at any time prior to or at the
17time of the court appearance date, move the court for relief from the effect of the
18stipulation. The court may act on the motion, with or without notice, for cause shown
19by affidavit and upon just terms, and relieve the defendant from the stipulation and
20the effects of the stipulation.
AB130-SSA1,160,2422
808.04
(3) Except as provided in subs. (4) and (7), an appeal in a criminal case
23or a case under ch. 48, 51
or, 55
or 938 shall be initiated within the time period
24specified in s. 809.30.
AB130-SSA1,161,3
1808.04
(4) Except as provided in sub. (7m), an appeal by the state in either a
2criminal case under s. 974.05 or a case under ch. 48
or 938 shall be initiated within
345 days of entry of the judgment or order appealed from.
AB130-SSA1,161,55
808.075
(4) (fn) In a case under ch. 938:
AB130-SSA1,161,66
2. Review of nonsecure custody orders under s. 938.207.
AB130-SSA1,161,87
3. Review of secure detention orders under s. 938.208 and secure detention
8status reviews under s. 938.209 (1) (e).
AB130-SSA1,161,99
4. Hearing for child held in custody under s. 938.21.
AB130-SSA1,161,1010
5. Hearing upon involuntary removal under s. 938.305.
AB130-SSA1,161,1111
6. Revision of dispositional order under s. 938.363.
AB130-SSA1,161,1212
7. Extension of dispositional order under s. 938.365, unless s. 938.368 applies.
AB130-SSA1,161,1313
8. Review of permanency plan under s. 938.38 (5).
AB130-SSA1,161,1414
9. Release of confidential information under s. 938.396 or 938.78.
AB130-SSA1,161,2116
809.30
(1) (a) "Postconviction relief" means, in a felony or misdemeanor case,
17an appeal or a motion for postconviction relief other than a motion under s. 973.19
18or 974.06. In a ch. 48, 51
or, 55
or 938 case, other than a termination of parental rights
19case under s. 48.43, it means an appeal or a motion for reconsideration by the trial
20court of its final judgment or order; in such cases a notice of intent to pursue such
21relief or a motion for such relief need not be styled as seeking "postconviction" relief.
AB130-SSA1,162,223
809.30
(1) (b) "Sentencing" means, in a felony or misdemeanor case, the
24imposition of a sentence, fine or probation. In a ch. 48, 51
or, 55
or 938 case, other
1than a termination of parental rights case under s. 48.43, it means the entry of the
2trial court's final judgment or order.
AB130-SSA1,162,114
809.30
(2) (d) Except as provided in this paragraph, whenever a defendant
5whose trial counsel is appointed by the state public defender files a notice under par.
6(b) requesting public defender representation for purposes of postconviction relief,
7the district attorney may, within 5 days after the notice is served and filed, file in the
8trial court and serve upon the state public defender a request that the defendant's
9indigency be redetermined before counsel is appointed or transcripts are ordered.
10This paragraph does not apply to a child who is entitled to be represented by counsel
11under s. 48.23
or 938.23.
AB130-SSA1,162,1813
809.30
(2) (fm) A child who has filed a notice of intent to pursue relief from a
14judgment or order entered in a ch. 48
or 938 proceeding shall be furnished at no cost
15a transcript of the proceedings or as much of it as is requested. To obtain the
16transcript at no cost, an affidavit must be filed stating that the person who is legally
17responsible for the child's care and support is financially unable or unwilling to
18purchase the transcript.
AB130-SSA1,162,2320
809.40
(1) An appeal to the court of appeals from a judgment or order in a
21misdemeanor case or a ch. 48, 51
or, 55
or 938 case, or a motion for postconviction
22relief in a misdemeanor case must be initiated within the time periods specified in
23s. 808.04 and is governed by the procedures specified in ss. 809.30 to 809.32.
AB130-SSA1,163,3
1851.72
(7) Except in counties having a population of 500,000 or more, perform
2the duties of clerk of the court assigned to exercise jurisdiction under
ch. chs. 48
and
3938 unless these duties are performed by a person appointed under s. 48.04.
AB130-SSA1,163,176
859.07
(2) If the decedent was at the time of death or at any time prior thereto
7a patient or inmate of any state or county hospital or institution or any person
8responsible for any obligation owing to the state or county under s. 46.03 (18), 46.10
9or, 48.36
or 938.36 or if the decedent or the spouse of the decedent ever received
10medical assistance under subch. IV of ch. 49, long-term community support services
11funded under s. 46.27 (7) or aid under s. 49.68, 49.683 or 49.685, the personal
12representative shall send notice in writing of the date set under s. 859.01 by
13registered or certified mail to the department of health and social services or the
14department of corrections, as applicable, and the county clerk of the applicable
15county not less than 30 days before the date set under s. 859.01, upon such blanks
16and containing such information as the applicable department or county clerk may
17provide. The applicable county is the county of residence, as defined in s. 49.001 (6).
AB130-SSA1,164,719
880.15
(1) Appointment. If, after consideration of a petition for temporary
20guardianship, the court finds that the welfare of a minor, spendthrift or an alleged
21incompetent requires the immediate appointment of a guardian of the person or of
22the estate, or of both, it may appoint a temporary guardian for a period not to exceed
2360 days unless further extended for 60 days by order of the court. The court may
24extend the period only once. The authority of the temporary guardian shall be
25limited to the performance of duties respecting specific property, or to the
1performance of particular acts, as stated in the order of appointment. All provisions
2of the statutes concerning the powers and duties of guardians shall apply to
3temporary guardians except as limited by the order of appointment. The temporary
4guardian shall make the reports the court directs and shall account to the court upon
5termination of authority. The court assigned to exercise jurisdiction under
ch. chs. 648
and 938 has exclusive jurisdiction over the appointment of a temporary guardian
7of a minor for medical purposes but shall proceed in accordance with this section.
AB130-SSA1,164,99
885.37
(1) (a) 2. The person is a child or parent subject to ch. 48
or 938.
AB130-SSA1,164,2411
895.035
(2m) (a) If a child fails to pay restitution under s. 938.245, 938.32,
12938.34 (5), 938.343 (4) or 938.345 as ordered by a court assigned to exercise
13jurisdiction under chs. 48 and 938 or a municipal court or as agreed to in a deferred
14prosecution agreement or if it appears likely that the child will not pay restitution
15as ordered or agreed to, the victim, the victim's insurer, the representative of the
16public interest under s. 938.09 or the agency, as defined in s. 938.38 (1) (a),
17supervising the child may petition the court assigned to exercise jurisdiction under
18chs. 48 and 938 to order that the amount of restitution unpaid by the child be entered
19and docketed as a judgment against the child and the parent with custody of the
20child. A petition under this paragraph may be filed after the expiration of the
21deferred prosecution agreement, consent decree, dispositional order or sentence
22under which the restitution is payable, but no later than one year after the expiration
23of the deferred prosecution agreement, consent decree, dispositional order or
24sentence or any extension of the consent decree, dispositional order or sentence.
AB130-SSA1,165,12
1(b) If a child fails to pay a forfeiture as ordered by a court assigned to exercise
2jurisdiction under chs. 48 and 938 or a municipal court or if it appears likely that the
3child will not pay the forfeiture as ordered, the representative of the public interest
4under s. 938.09, the agency, as defined in s. 938.38 (1) (a), supervising the child or
5the law enforcement agency that issued the citation to the child may petition the
6court assigned to exercise jurisdiction under chs. 48 and 938 to order that the amount
7of the forfeiture unpaid by the child be entered and docketed as a judgment against
8the child and the parent with custody of the child. A petition under this paragraph
9may be filed after the expiration of the dispositional order or sentence under which
10the forfeiture is payable, but no later than one year after the expiration of the
11dispositional order or sentence or any extension of the dispositional order or
12sentence.
AB130-SSA1,165,2413
(bm) 1. Before issuing an order under par. (a) or (b), the court assigned to
14exercise jurisdiction under chs. 48 and 938 shall give the child and the parent notice
15of the intent to issue the order and an opportunity to be heard regarding the order.
16The court shall give the child and the parent an opportunity to present evidence as
17to the amount of the restitution or forfeiture unpaid, but not as to the amount of the
18restitution or forfeiture originally ordered. The court shall also give the child and
19the parent an opportunity to present evidence as to the reason for the failure to pay
20the restitution or forfeiture and the ability of the child or the parent to pay the
21restitution or forfeiture. In considering the ability of the child or the parent to pay
22the restitution or forfeiture, the court may consider the assets, as well as the income,
23of the child or the parent and may consider the future ability of the child or parent
24to pay the restitution or forfeiture within the time specified in s. 893.40.
AB130-SSA1,166,5
12. In proceedings under this subsection, the court assigned to exercise
2jurisdiction under chs. 48 and 938 may take judicial notice of any deferred
3prosecution agreement, consent decree, dispositional order, sentence, extension of a
4consent decree, dispositional order or sentence or any other finding or order in the
5records of the child maintained by that court or the municipal court.
AB130-SSA1,166,86
3. In proceedings under this subsection, the child and the parent may retain
7counsel of their own choosing at their own expense, but a child or a parent has no
8right to be represented by appointed counsel in a proceeding under this subsection.
AB130-SSA1,166,259
(c) The court assigned to exercise jurisdiction under chs. 48 and 938 may order
10that the child perform community service work for a public agency or nonprofit
11charitable organization that is designated by the court in lieu of making restitution
12or paying the forfeiture. If the parent agrees to perform community service work in
13lieu of making restitution or paying the forfeiture, the court may order that the
14parent perform community service work for a public agency or a nonprofit charitable
15organization that is designated by the court. Community service work may be in lieu
16of restitution only if also agreed to by the public agency or nonprofit charitable
17organization and by the person to whom restitution is owed. The court may utilize
18any available resources, including any community service work program, in ordering
19the child or parent to perform community service work. The number of hours of
20community service work required may not exceed the number determined by
21dividing the amount owed on the restitution or forfeiture by the minimum wage
22established under ch. 104 for adults in nonagriculture, nontipped employment. The
23court shall ensure that the child or parent is provided with a written statement of
24the terms of the community service order and that the community service order is
25monitored.
AB130-SSA1,167,72
895.035
(3) An adjudication under s.
48.31 938.31 that the child violated a civil
3law or ordinance, is delinquent or is in need of protection and services under s.
48.13 4938.13 (12), based on proof that the child committed the act, subject to its
5admissibility under s. 904.10, shall, in an action under sub. (1), stop a child's parent
6or parents from denying that the child committed the act that resulted in the injury,
7damage or loss.
AB130-SSA1,167,1810
895.035
(4) Except for recovery for graffiti damage under sub. (4m) and for
11recovery for retail theft under s. 943.51, the maximum recovery from any parent or
12parents may not exceed
$2,500 the amount specified in s. 799.01 (1) (d) for damages
13resulting from any one act of a child in addition to taxable costs and disbursements
14and reasonable attorney fees, as determined by the court. If 2 or more children in
15the custody of the same parent or parents commit the same act the total recovery may
16not exceed
$2,500 the amount specified in s. 799.01 (1) (d), in addition to taxable costs
17and disbursements. The maximum recovery from any parent or parents for retail
18theft by their minor child is established under s. 943.51.
AB130-SSA1,167,2220
895.035
(6) Any recovery under this section shall be reduced by the amount
21recovered as restitution for the same act under s.
48.245, 48.32, 48.34 (5) or 48.343
22(4) 938.245, 938.32, 938.34 (5) or 938.343 (4).
AB130-SSA1,168,724
901.05
(2) (intro.) Except as provided in sub. (3), the results of a test or tests
25for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to
1HIV and the fact that a person has been ordered or required to submit to such a test
2or tests under s.
48.296 938.296 (4) or 968.38 (4) are not admissible during the course
3of a civil or criminal action or proceeding or an administrative proceeding, as
4evidence of a person's character or a trait of his or her character for the purpose of
5proving that he or she acted in conformity with that character on a particular
6occasion unless the evidence is admissible under s. 904.04 (1) or 904.05 (2) and unless
7the following procedures are used:
AB130-SSA1,168,129
901.05
(3) The results of a test or tests under s.
48.296 938.296 (4) or 968.38
10(4) and the fact that a person has been ordered to submit to such a test or tests under
11s.
48.296 938.296 (4) or 968.38 (4) are not admissible during the course of a civil or
12criminal action or proceeding or an administrative proceeding.