LRBs0300/1
GMM:kmg:fmh
1997 - 1998 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1997 ASSEMBLY BILL 410
November 6, 1997 - Offered by
Committee on Children and Families.
AB410-ASA1,3,12
1An Act to renumber and amend 938.183 (1m) (c) and 938.355 (6d);
to
2consolidate, renumber and amend 938.183 (2) (intro.), (a) and (b);
to
3amend 48.35 (1) (b) (intro.), 48.35 (1) (b) 1., 48.35 (1) (b) 2., 48.35 (1) (b) 3.,
448.355 (2) (c), 48.396 (1), 48.66 (1), 48.78 (2) (b), 118.125 (1) (a), 118.125 (2) (cg),
5118.125 (2) (e), 118.125 (2) (L), 118.125 (3), 118.125 (5) (a), 118.125 (5) (b),
6118.127 (1), 118.127 (2), 118.163 (2) (b), 118.163 (2) (c), 125.07 (4) (d), 125.07 (4)
7(e) 1., 125.085 (3) (bt), 165.55 (14), 301.08 (1) (b) 3., 800.08 (4), 895.035 (2m) (a),
8895.035 (2m) (b), 895.035 (3), 895.035 (6), 938.08 (2), 938.17 (2) (h) 2., 938.17
9(2) (h) 3., 938.245 (2) (a) 5. a., 938.299 (4) (b), 938.32 (1t) (a) 1., 938.34 (5) (a),
10938.34 (8), 938.342 (1) (b), 938.342 (1) (c), 938.343 (2), 938.343 (4), 938.346 (1)
11(a), 938.35 (1) (a), 938.35 (1) (c), 938.355 (2) (c), 938.355 (6) (b), 938.355 (6) (d)
122., 938.355 (6m) (a), 938.355 (6m) (b), 938.396 (1), 938.396 (1m) (a), 938.396
13(1m) (am), 938.396 (1m) (ar), 938.396 (1m) (b), 938.396 (1m) (c), 938.396 (2) (d),
1938.396 (6), 938.396 (7) (a), 938.396 (7) (b), 938.396 (7) (bm), 938.396 (7) (c),
2938.45 (2), 938.78 (2) (b) 1., 938.78 (2) (b) 2., 938.78 (2) (e), 970.032 (title),
3970.032 (1), 970.032 (2) (intro.), 970.032 (2) (a), 970.032 (2) (c), 970.035, 971.31
4(13) (a) (intro.), 971.31 (13) (a) 1., 971.31 (13) (a) 3., 971.31 (13) (b), 972.14 (2),
5972.15 (2s), 980.015 (2) (b) and 980.02 (2) (ag);
to repeal and recreate 938.355
6(6d) (title); and
to create 48.396 (2) (dr), 48.396 (2) (g), 48.396 (2) (h), 118.125
7(2) (ch), 165.55 (15), 938.067 (8m), 938.069 (1) (dm), 938.183 (1) (ar), 938.183
8(1m) (c) 1., 938.183 (1m) (c) 2., 938.245 (2) (a) 5. am., 938.32 (1t) (a) 1m., 938.355
9(6) (e), 938.355 (6g) (c), 938.396 (1m) (d), 938.396 (1x), 938.396 (2) (dr), 938.396
10(2) (g), 938.396 (2) (h), 938.396 (2) (i), 938.396 (2) (j) and 938.45 (1r) of the
11statutes;
relating to: original adult court jurisdiction over a juvenile who is
12alleged to have attempted or committed a violation of any state criminal law if
13that violation may be joined with an alleged assault, battery, homicide or
14attempted homicide over which the adult court has original jurisdiction, the
15imposition of a juvenile adjudication and disposition by an adult court on a
16juvenile who has been found to have committed a lesser offense or a joined
17offense, requiring the parent of a juvenile to make restitution for any damage
18or injury resulting from the juvenile's act or to pay a forfeiture for the juvenile's
19act, sanctions for a juvenile who violates a condition of his or her dispositional
20order, contempt of court by a juvenile who violates a condition of his or her
21dispositional order, the authority of an intake worker or dispositional staff
22member to take into custody a juvenile who has violated a condition of his or
23her dispositional order, the rules of evidence at postdispositional hearings
24under the juvenile justice code, access to juvenile court records, law
25enforcement agency records, social services agency records and pupil records
1by a fire investigator, disclosure by the victim-witness coordinator to the victim
2of a juvenile's act or alleged act of the name and address of the juvenile and the
3juvenile's parents, the confidential exchange of information between a law
4enforcement agency, a social welfare agency and the school attended by a child
5or juvenile, the disclosure of information relating to a child or a juvenile by a
6law enforcement agency, a social welfare agency or a juvenile court to the
7private school attended by the child or the juvenile, requesting the legislative
8audit bureau to audit the use of secure detention facilities, and the disclosure
9of juvenile court records to other juvenile courts for the purposes of preparing
10a presentence investigation, determining custody of a juvenile, setting bail,
11impeaching a witness and determining whether a juvenile who would
12otherwise be an heir has intentionally killed the decedent.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB410-ASA1, s. 1
13Section
1. 48.35 (1) (b) (intro.) of the statutes is amended to read:
AB410-ASA1,3,1614
48.35
(1) (b) (intro.) The disposition of a child, and any record of evidence given
15in a hearing in court, shall not be admissible as evidence against the child in any case
16or proceeding in any other court except
for the following:
AB410-ASA1, s. 2
17Section
2. 48.35 (1) (b) 1. of the statutes is amended to read:
AB410-ASA1,3,2018
48.35
(1) (b) 1. In sentencing proceedings after conviction of a felony or
19misdemeanor and then only for the purpose of a presentence
study and report; 20investigation.
AB410-ASA1, s. 3
21Section
3. 48.35 (1) (b) 2. of the statutes is amended to read:
AB410-ASA1,3,2322
48.35
(1) (b) 2. In a proceeding in any court assigned to exercise jurisdiction
23under this chapter and ch. 938
; or.
AB410-ASA1, s. 4
1Section
4. 48.35 (1) (b) 3. of the statutes is amended to read:
AB410-ASA1,4,42
48.35
(1) (b) 3. In a court of civil or criminal jurisdiction while it is exercising
3the jurisdiction
of a over an action affecting the family
court and is considering the
4custody of
children a child.
AB410-ASA1,4,127
48.355
(2) (c) If school attendance is a condition of an order under par. (b) 7.,
8the order shall specify what constitutes a violation of the condition and shall direct
9the school board of the school district
, or the governing body of the private school, in
10which the child is enrolled to notify the county department that is responsible for
11supervising the child or, in a county having a population of 500,000 or more, the
12department within 5 days after any violation of the condition by the child.
AB410-ASA1,5,614
48.396
(1) Law enforcement officers' records of children shall be kept separate
15from records of adults. Law enforcement officers' records of children shall not be
16open to inspection or their contents disclosed except under sub. (1b) or (1d) or s.
1748.293 or by order of the court. This subsection does not apply to the representatives
18of newspapers or other reporters of news who wish to obtain information for the
19purpose of reporting news without revealing the identity of the child involved, to the
20confidential exchange of information between the police and officials of the school
21attended by the child or other law enforcement or social welfare agencies or to
22children 10 years of age or older who are subject to the jurisdiction of the court of
23criminal jurisdiction.
A public school official who obtains information under this
24subsection shall keep the information confidential as required under s. 118.125 and
25a private school official who obtains information under this subsection shall keep the
1information confidential in the same manner as is required of a public school official
2under s. 118.125. A law enforcement agency that obtains information under this
3subsection shall keep the information confidential as required under this subsection
4and s. 938.396 (1). A social welfare agency that obtains information under this
5subsection shall keep the information confidential as required under ss. 48.78 and
6938.78.
AB410-ASA1, s. 7
7Section
7. 48.396 (2) (dr) of the statutes is created to read:
AB410-ASA1,5,128
48.396
(2) (dr) Upon request of the department of corrections or any other
9person preparing a presentence investigation under s. 972.15 to review court records
10for the purpose of preparing the presentence investigation, the court shall open for
11inspection by any authorized representative of the requester the records of the court
12relating to any child who has been the subject of a proceeding under this chapter.
AB410-ASA1, s. 8
13Section
8. 48.396 (2) (g) of the statutes is created to read:
AB410-ASA1,5,1914
48.396
(2) (g) Upon request of any other court assigned to exercise jurisdiction
15under this chapter and ch. 938, a district attorney or corporation counsel to review
16court records for the purpose of any proceeding in that other court, the court shall
17open for inspection by any authorized representative of the requester the records of
18the court relating to any child who has been the subject of a proceeding under this
19chapter.
AB410-ASA1, s. 9
20Section
9. 48.396 (2) (h) of the statutes is created to read:
AB410-ASA1,6,221
48.396
(2) (h) Upon request of the court having jurisdiction over an action
22affecting the family or of an attorney for a party or a guardian ad litem in an action
23affecting the family to review court records for the purpose of considering the custody
24of a child, the court assigned to exercise jurisdiction under this chapter and ch. 938
25shall open for inspection by an authorized representative of the requester the records
1of the court relating to any child who has been the subject of a proceeding under this
2chapter.
AB410-ASA1,6,215
48.66
(1) The department shall license and supervise child welfare agencies,
6as required by s. 48.60, group homes, as required by s. 48.625, shelter care facilities,
7as required by s. 938.22, and day care centers, as required by s. 48.65. The
8department may license foster homes or treatment foster homes, as provided by s.
948.62, and may license and supervise county departments in accordance with the
10procedures specified in this section and in ss. 48.67 to 48.74. The department of
11corrections may license a child welfare agency to operate a secured child caring
12institution, as defined in s. 938.02 (15g), for holding in secure custody
children 13juveniles who have been convicted under s. 938.183 or adjudicated delinquent under
14s.
938.183 or 938.34 (4d), (4h) or (4m) and referred to the child welfare agency by the
15court or the department of corrections and to provide supervision, care and
16maintenance for those
children juveniles. A license issued under this subsection,
17other than a license to operate a foster home, treatment foster home or secured child
18caring institution, is valid until revoked or suspended. A license issued under this
19subsection to operate a foster home, treatment foster home or secured child caring
20institution may be for any term not to exceed 2 years from the date of issuance. No
21license issued under this subsection is transferable.
AB410-ASA1,7,923
48.78
(2) (b) Paragraph (a) does not apply to the confidential exchange of
24information between an agency and another social welfare
or agency, a law
25enforcement agency
, a public school or a private school regarding an individual in the
1care or legal custody of
one of the agencies
the agency. A social welfare agency that
2obtains information under this paragraph shall keep the information confidential as
3required under this section and s. 938.78. A law enforcement agency that obtains
4information under this paragraph shall keep the information confidential as
5required under ss. 48.396 (1) and 938.396 (1). A public school that obtains
6information under this paragraph shall keep the information confidential as
7required under s. 118.125 and a private school that obtains information under this
8paragraph shall keep the information confidential in the same manner as is required
9of a public school under s. 118.125.
AB410-ASA1,7,1711
118.125
(1) (a) "Behavioral records" means those pupil records which include
12psychological tests, personality evaluations, records of conversations, any written
13statement relating specifically to an individual pupil's behavior, tests relating
14specifically to achievement or measurement of ability, the pupil's physical health
15records other than his or her immunization records or any lead screening records
16required under s. 254.162, law enforcement officers' records obtained under s. 48.396
17(1) or 938.396
(1) or (1m) and any other pupil records that are not progress records.
AB410-ASA1,7,2419
118.125
(2) (cg) The school district clerk or his or her designee shall provide a
20law enforcement agency with a copy of a pupil's attendance record if the law
21enforcement agency certifies in writing that the pupil is under investigation for
22allegedly committing a criminal or delinquent act and that the law enforcement
23agency will not further disclose the pupil's attendance record except as permitted
24under s. 938.396 (1) to
(1r) (1x).
AB410-ASA1,8,7
1118.125
(2) (ch) The school district clerk of his or her designee shall provide a
2fire investigator under s. 165.55 (15) with a copy of a pupil's attendance record if the
3fire investigator certifies in writing that the pupil is under investigation under s.
4165.55, that the pupil's attendance record is necessary for the fire investigator to
5pursue his or her investigation and that the fire investigator will use and further
6disclose the pupil's attendance record only for the purpose of pursuing that
7investigation.
AB410-ASA1,8,159
118.125
(2) (e) Upon the written permission of an adult pupil, or the parent or
10guardian of a minor pupil, the school shall make available to the person named in
11the permission the pupil's progress records or such portions of the pupil's behavioral
12records as determined by the person authorizing the release. Law enforcement
13officers' records obtained under s.
48.396 (1) or 938.396
(1) or (1m) may not be made
14available under this paragraph unless specifically identified by the adult pupil or by
15the parent or guardian of a minor pupil in the written permission.
AB410-ASA1,8,2017
118.125
(2) (L) A school board shall disclose the pupil records of a pupil in
18compliance with a court order under s. 48.345 (12) (b), 938.34 (7d) (b), 938.396 (1m)
19(c)
or (d) or 938.78 (2) (b) 2. after making a reasonable effort to notify the pupil's
20parent or legal guardian.
AB410-ASA1,9,922
118.125
(3) Maintenance of records. Each school board shall adopt rules in
23writing specifying the content of pupil records and the time during which pupil
24records shall be maintained. No behavioral records may be maintained for more than
25one year after the pupil ceases to be enrolled in the school, unless the pupil specifies
1in writing that his or her behavioral records may be maintained for a longer period.
2A pupil's progress records shall be maintained for at least 5 years after the pupil
3ceases to be enrolled in the school. A school board may maintain the records on
4microfilm, optical disk or in electronic format if authorized under s. 19.21 (4) (c), or
5in such other form as the school board deems appropriate. A school board shall
6maintain law enforcement officers' records
and other information obtained under s.
748.396 (1) or 938.396
(1) or (1m) separately from a pupil's other pupil records. Rules
8adopted under this subsection shall be published by the school board as a class 1
9notice under ch. 985.
AB410-ASA1,9,1411
118.125
(5) (a) Except as provided in par. (b), nothing in this section prohibits
12the use of a school district from using a pupil's records in connection with the
13suspension or expulsion of the pupil or the use of such records by a multidisciplinary
14team under ch. 115.
AB410-ASA1,9,2116
118.125
(5) (b) Law enforcement officers' records
and other information 17obtained under s.
48.396 (1) or 938.396
(1) or (1m) and records of the court assigned
18to exercise jurisdiction under chs. 48 and 938 obtained under s. 938.396 (7)
shall may 19not be used
by a school district as the sole basis for expelling or suspending a pupil
20or as the sole basis for taking any other disciplinary action, including action under
21the school district's athletic code.
AB410-ASA1,9,2523
118.127
(1) Upon receipt of information from a law enforcement agency under
24s.
48.396 (1) or 938.396
(1) or (1m), the school district administrator
or private school
25administrator who receives the information shall notify any pupil named in the
1information, and the parent or guardian of any minor pupil named in the
2information, of the information.
AB410-ASA1,10,205
118.127
(2) A school district
shall
or private school may disclose information
6from law enforcement officers' records obtained under s. 938.396 (1m)
only to persons
7employed by the school district who are required by the department under s. 115.28
8(7) to hold a license
, to persons employed by the private school as teachers and to
9other school district
or private school officials who have been determined by the
10school board
or governing body of the private school to have legitimate educational
11interests, including safety interests, in that information. In addition, if that
12information relates to a pupil of the school district
or private school, the school
13district
shall or private school may also disclose that information to those employes
14of the school district
or private school who have been designated by the school board
15or governing body of the private school to receive that information for the purpose
16of providing treatment programs for pupils enrolled in the school district
or private
17school. A school district may not use law enforcement officers' records obtained
18under s. 938.396 (1m) as the sole basis for expelling or suspending a pupil or as the
19sole basis for taking any other disciplinary action, including action under the school
20district's athletic code, against a pupil.
AB410-ASA1,10,2422
118.163
(2) (b) An order for the person to participate in counseling or
to
23participate for not more than 25 hours in a supervised work program or other
24community service work under s. 938.34 (5g).
AB410-ASA1,11,5
1118.163
(2) (c) An order for the person to remain at home
for not more than 30
2days except during hours in which the person is attending religious worship or a
3school program, including travel time required to get to and from the school program
4or place of worship. The order may permit a person to leave his or her home if the
5person is accompanied by a parent or guardian.
AB410-ASA1,11,107
125.07
(4) (d) A person who is under
18 17 years of age on the date of disposition
8is subject to s. 938.344 unless proceedings have been instituted against the person
9in a court of civil or criminal jurisdiction after dismissal of the citation under s.
10938.344 (3).
AB410-ASA1, s. 25
11Section
25. 125.07 (4) (e) 1. of the statutes is amended to read:
AB410-ASA1,11,1312
125.07
(4) (e) 1. In this paragraph, "defendant" means a person found guilty
13of violating par. (a) or (b) who is
17, 18, 19 or 20 years of age.