AB378: Bill Text

AB378, s. 502 Section 502. 885.235 (5) of the statutes, as affected by 1995 Wisconsin Act 448, is renumbered 885.235 (1).

Note: Relocates definitions to the beginning of the section for conformity with current style.

AB378, s. 503 Section 503. 895.035 (2m) of the statutes, as affected by 1995 Wisconsin Acts 77 and 352, is amended to read:

AB378,181,12 895.035 (2m) (a) If a child juvenile fails to pay restitution under s. 938.245, 938.32, 938.34 (5), 938.343 (4) or 938.345 as ordered by a court assigned to exercise jurisdiction under chs. 48 and 938 or a municipal court or as agreed to in a deferred prosecution agreement or if it appears likely that the child juvenile will not pay restitution as ordered or agreed to, the victim, the victim's insurer, the representative of the public interest under s. 938.09 or the agency, as defined in s. 938.38 (1) (a), supervising the child juvenile may petition the court assigned to exercise jurisdiction under chs. 48 and 938 to order that the amount of restitution unpaid by the child juvenile be entered and docketed as a judgment against the child juvenile and the parent with custody of the child juvenile and in favor of the victim or the victim's insurer, or both. A petition under this paragraph may be filed after the expiration of the deferred prosecution agreement, consent decree, dispositional order or sentence under which the restitution is payable, but no later than one year after the expiration of the deferred prosecution agreement, consent decree, dispositional order or sentence or any extension of the consent decree, dispositional order or sentence. A judgment rendered under this paragraph does not bar the victim or the victim's insurer, or both, from commencing another action seeking compensation from the child or the parent, or both, if the amount of restitution ordered under this paragraph is less than the total amount of damages claimed by the victim or the victim's insurer.

AB378,181,25 (b) If a child juvenile fails to pay a forfeiture as ordered by a court assigned to exercise jurisdiction under chs. 48 and 938 or a municipal court or if it appears likely that the child juvenile will not pay the forfeiture as ordered, the representative of the public interest under s. 938.09, the agency, as defined in s. 938.38 (1) (a), supervising the child juvenile or the law enforcement agency that issued the citation to the child juvenile may petition the court assigned to exercise jurisdiction under chs. 48 and 938 to order that the amount of the forfeiture unpaid by the child juvenile be entered and docketed as a judgment against the child juvenile and the parent with custody of the child juvenile and in favor of the county or appropriate municipality. A petition under this paragraph may be filed after the expiration of the dispositional order or sentence under which the forfeiture is payable, but no later than one year after the expiration of the dispositional order or sentence or any extension of the dispositional order or sentence.

AB378,182,13 (bm) 1. Before issuing an order under par. (a) or (b), the court assigned to exercise jurisdiction under chs. 48 and 938 shall give the child juvenile and the parent notice of the intent to issue the order and an opportunity to be heard regarding the order. The court shall give the child juvenile and the parent an opportunity to present evidence as to the amount of the restitution or forfeiture unpaid, but not as to the amount of the restitution or forfeiture originally ordered. The court shall also give the child juvenile and the parent an opportunity to present evidence as to the reason for the failure to pay the restitution or forfeiture and the ability of the child juvenile or the parent to pay the restitution or forfeiture. In considering the ability of the child juvenile or the parent to pay the restitution or forfeiture, the court may consider the assets, as well as the income, of the child juvenile or the parent and may consider the future ability of the child juvenile or parent to pay the restitution or forfeiture within the time specified in s. 893.40.

AB378,182,18 2. In proceedings under this subsection, the court assigned to exercise jurisdiction under chs. 48 and 938 may take judicial notice of any deferred prosecution agreement, consent decree, dispositional order, sentence, extension of a consent decree, dispositional order or sentence or any other finding or order in the records of the child juvenile maintained by that court or the municipal court.

AB378,182,22 3. In proceedings under this subsection, the child juvenile and the parent may retain counsel of their own choosing at their own expense, but a child juvenile or a parent has no right to be represented by appointed counsel in a proceeding under this subsection.

AB378,183,14 (c) The court assigned to exercise jurisdiction under chs. 48 and 938 may order that the child juvenile perform community service work for a public agency or nonprofit charitable organization that is designated by the court in lieu of making restitution or paying the forfeiture. If the parent agrees to perform community service work in lieu of making restitution or paying the forfeiture, the court may order that the parent perform community service work for a public agency or a nonprofit charitable organization that is designated by the court. Community service work may be in lieu of restitution only if also agreed to by the public agency or nonprofit charitable organization and by the person to whom restitution is owed. The court may utilize any available resources, including any community service work program, in ordering the child juvenile or parent to perform community service work. The number of hours of community service work required may not exceed the number determined by dividing the amount owed on the restitution or forfeiture by the minimum wage established under ch. 104 for adults in nonagriculture, nontipped employment. The court shall ensure that the child juvenile or parent is provided with a written statement of the terms of the community service order and that the community service order is monitored.

Note: Replaces "child" with "juvenile" for consistency of references with language of ch. 938.

AB378, s. 504 Section 504. 895.035 (3) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

AB378,183,22 895.035 (3) An adjudication under s. 938.31 that the child juvenile violated a civil law or ordinance, is delinquent or is in need of protection and services under s. 938.13 (12), based on proof that the child juvenile committed the act, subject to its admissibility under s. 904.10, shall, in an action under sub. (1), stop a child's juvenile's parent or parents from denying that the child juvenile committed the act that resulted in the injury, damage or loss.

Note: Replaces "child" with "juvenile" for consistency of references with language of ch. 938.

AB378, s. 505 Section 505. 895.035 (4) of the statutes, as affected by 1995 Wisconsin Act 262, is amended to read:

AB378,184,11 895.035 (4) Except for recovery for retail theft under s. 943.51, the maximum recovery from any parent or parents may not exceed the amount specified in s. 799.01 (1) (d) for damages resulting from any one act of a child juvenile in addition to taxable costs and disbursements and reasonable attorney fees, as determined by the court. If 2 or more children juveniles in the custody of the same parent or parents commit the same act the total recovery may not exceed the amount specified in s. 799.01 (1) (d), in addition to taxable costs and disbursements. The maximum recovery from any parent or parents for retail theft by their minor child is established under s. 943.51.

Note: Replaces "child" and "children" with "juvenile" and "juveniles", respectively, for consistency of references with language of ch. 938.

AB378, s. 506 Section 506. 895.056 (3) (intro.) of the statutes is amended to read:

AB378,184,18 895.056 (3) (intro.)  If the wagerer does not sue for and recover the property, which was put up, staked or deposited, within the time specified under sub. (1), any other person may, in the person's behalf and the person's name, sue for and recover the property for the use and benefit of the wagerer's family or heirs, in case of the wager's wagerer's death. The suit may be brought against and property recovered from any of the following:

Note: Corrects spelling.

AB378, s. 507 Section 507. 895.056 (3) (a) of the statutes, as affected by 1995 Wisconsin Act 225, section 516, is amended to read:

AB378,184,23 895.056 (3) (a) The stakeholder or a 3rd person if the the property is still held by the stakeholder or 3rd person, within 6 months after the putting up, staking or depositing of the property.

Note: Deletes unnecessary "the".

AB378, s. 508 Section 508. 895.46 (6) of the statutes, as affected by 1995 Wisconsin Act 227, is amended to read:

AB378,185,16 895.46 (6) The protection afforded by this section applies to any criminal action under s. 144.74 291.97 (2) or 144.93 293.87 (2) or under 7 USC 136L (b), 15 USC 2616 (b), 33 USC 1319 (c), 42 USC 2284, 6928 (d) and (e), 6973 (b), 6992 (b) and (c), 7413 (c), 9603 (b), 9606 (b) and 11045 (b) or 49 USC appendix 1809 (b) that is commenced against a state officer or state employe who is proceeded against in his or her official capacity or as an individual because of acts committed in the storage, transportation, treatment or disposal of hazardous substances, as defined in s. 289.01 (11), if that officer or employe is found to be acting within the scope of his or her employment and if the attorney general determines that the state officer or state employe acted in good faith. Regardless of the determination made by the attorney general, the protection afforded by this section applies if the state officer or agent is not found guilty of the criminal action commenced under this subsection. This protection includes the payment of reasonable attorney fees in defending the action and costs or fines arising out of the action.

Note: Sections 144.74 and 144.93 were renumbered ss. 291.97 and 293.87 by 1995 Wis. Act 227.

AB378, s. 509 Section 509. 895.487 (1) (a) of the statutes, as created by 1995 Wisconsin Act 441, is amended to read:

AB378,185,20 895.487 (1) (a) "Employe" has the meaning given in s. 101.01 (2) (a) (3) and also includes a former employe.

Note: Inserts correct cross-reference. Section 101.01 (2) (a) was renumbered to s. 101.01 (3) by 1995 Wis. Act 27.

AB378, s. 510 Section 510. 895.487 (1) (b) of the statutes, as created by 1995 Wisconsin Act 441, is amended to read:

AB378,186,3 895.487 (1) (b) "Employer" has the meaning given in s. 101.01 (2) (b) (4).

Note: Inserts correct cross-reference. Section 101.01 (2) (b) was renumbered to s. 101.01 (4) by 1995 Wis. Act 27.

AB378, s. 511 Section 511. 895.55 (1) (i) of the statutes, as created by 1995 Wisconsin Act 192, is amended to read:

AB378,186,7 895.55 (1) (i) "State contingency plan" means the plan prepared and published under s. 144.76 292.11 (5).

Note: Inserts correct cross-reference. Section 144.76 was renumbered to s. 292.11 by 1995 Wis. Act 227.

AB378, s. 512 Section 512. 895.55 (2) (intro.) of the statutes, as created by 1995 Wisconsin Act 192, is amended to read:

AB378,186,16 895.55 (2) (intro.) Notwithstanding any provision of ch. 29, s. 299.11, 299.13, 299.31, 299.41, 299.43, 299.45, 299.51, 299.53 or 299.55, subchs. II and IV of ch. 30, subchs. II, IV, VI and VII of ch. 144, ch. 147 or 29, 166, 281, 283, 289, 291 or 292 or subch. II of ch. 295, or any other provision of this chapter, a person is immune from liability for damages resulting from the person's acts or omissions and for the removal costs resulting from the person's acts or omissions if all of the following conditions are met:

Note: Inserts correct cross-references. 1995 Wis. Act 192 did not take into account the renumbering of chs. 144 and 147 by 1995 Wis. Act 227.

AB378, s. 513 Section 513. 895.55 (3) (a) of the statutes, as created by 1995 Wisconsin Act 192, is amended to read:

AB378,187,2 895.55 (3) (a) Who is required to act under s. 144.76 292.11 (3) because the person possessed or controlled the oil that was initially discharged into the navigable waters of this state or caused the initial discharge or initial threat of discharge of the oil into the navigable waters of this state.

Note: Inserts correct cross-reference. Section 144.76 was renumbered to s. 292.11 by 1995 Wis. Act 227.

AB378, s. 514 Section 514. The amendment of 938.02 (15m) of the statutes by 1995 Wisconsin Act 216 is not repealed by 1995 Wisconsin Act 352. Both amendments stand.

Note: There is no conflict of substance.

AB378, s. 515 Section 515. 938.02 (17) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,187,10 938.02 (17) "Shelter care facility" means a nonsecure place of temporary care and physical custody for juveniles, including a holdover room, licensed by the department of health and family services under s. 48.66 (1).

Note: "Department" is defined as the department of corrections in ch. 938. The department of health and family services licenses shelter care facilities.

AB378, s. 516 Section 516. 938.065 (3) (b) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,187,14 938.065 (3) (b) Conduct fact-finding or dispositional hearings except on petitions or citations under s. 938.125 and except as provided in sub. (2) (gm).

Note: Inserts missing word.

AB378, s. 517 Section 517. 938.125 (2) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,187,21 938.125 (2) That the court has exclusive jurisdiction over any juvenile alleged to have violated an ordinance enacted under s. 118.163 (2) only if evidence is provided by the school attendance officer that the activities under s. 118.16 (5) have been completed or were not completed due to the child's juvenile's absence from school as provided in s. 118.16 (5m).

Note: Replaces "child" with "juvenile" for consistency of references within ch. 938.

AB378, s. 518 Section 518. 938.13 (6) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,188,6 938.13 (6) Who is habitually truant from school, if evidence is provided by the school attendance officer that the activities under s. 118.16 (5) have been completed or were not completed due to the child's juvenile's absence from school as provided in s. 118.16 (5m), except as provided under s. 938.17 (2).

Note: Replaces "child" with "juvenile" for consistency of references within ch. 938.

AB378, s. 519 Section 519. 938.18 (5) (d) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,188,11 938.18 (5) (d) The desirability of trial and disposition of the entire offense in one court if the juvenile was allegedly associated in the offense with persons who will be charged with a crime in circuit the court of criminal jurisdiction.

Note: Waiver of jurisdiction is from the juvenile court to the court of criminal jurisdiction, both of which are part of the circuit court.

AB378, s. 520 Section 520. The amendment of 938.183 (1) (a) of the statutes by 1995 Wisconsin Act 216 is not repealed by 1995 Wisconsin Act 352. Both amendments stand.

Note: There is no conflict of substance.

AB378, s. 521 Section 521. 938.183 (2) (c) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,188,21 938.183 (2) (c) If the juvenile is placed outside the juvenile's home under this subsection, the order shall contain, a designation of the amount of support, if any, to be paid by the juvenile's parent, guardian or trustee, specifying that the support obligation begins on the date of the placement, or a referral to the county designee under s. 59.07 (97) 59.53 (5) for establishment of child support.

Note: 1995 Wis. Act 201 renumbered s. 59.07 (97) to be s. 59.183 (2) (c) effective 9-1-96.

AB378, s. 522 Section 522. 938.20 (2) (d) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,189,5 938.20 (2) (d) If the child juvenile is a runaway, the person who took the child juvenile into custody may release the child juvenile to a home authorized under s. 48.227.

AB378, s. 523 Section 523. 938.205 (1) (intro.) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,189,11 938.205 (1) (intro.) A juvenile may be held under s. 938.207, 938.208 or 938.209 if the intake worker determines that there is probable cause to believe the juvenile is within the jurisdiction of the court and if probable cause exists to believe one any of the following:

Note: Inserts preferred term.

AB378, s. 524 Section 524. 938.209 (intro.) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,189,16 938.209 Criteria for holding a juvenile in a county jail. (intro.) Subject to the provisions of s. 938.208, a county jail may be used as a secure detention facility if the criteria under either sub. (1) or (2) are met:

Note: Deletes unnecessary language.

AB378, s. 525 Section 525. 938.21 (2) (intro.) of the statutes, as created by 1995 Wisconsin Act 77, is renumbered 938.21 (2) (ag).

Note: Makes a technical correction. This provision is not an introductory paragraph under current drafting standards.

AB378, s. 526 Section 526. 938.21 (2) (a) of the statutes, as created by 1995 Wisconsin Act 77, is renumbered 938.21 (2) (am).

Note: See the previous section of this bill.

AB378, s. 527 Section 527. 938.21 (2) (d) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,190,9 938.21 (2) (d) If the juvenile is not represented by counsel at the hearing and the juvenile is continued in custody as a result of the hearing, the juvenile may request through counsel subsequently appointed or retained or through a guardian ad litem that the order to hold in custody be reheard. If the request is made, a rehearing shall take place as soon as may be possible. Whether or not counsel was present, any order to hold the juvenile in custody shall be subject to rehearing for good cause.

Note: Deletes unnecessary language.

AB378, s. 528 Section 528. 938.21 (3) (intro.) of the statutes, as created by 1995 Wisconsin Act 77, is renumbered 938.21 (3) (ag).

Note: Makes a technical correction. This provision is not an introductory paragraph under current drafting standards.

AB378, s. 529 Section 529. 938.21 (3) (a) of the statutes, as created by 1995 Wisconsin Act 77, is renumbered 938.21 (3) (am).

Note: See the previous section of this bill.

AB378, s. 530 Section 530. 938.21 (3) (e) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,191,2 938.21 (3) (e) If the parent, guardian or legal custodian or the juvenile is not represented by counsel at the hearing and the juvenile is continued in custody as a result of the hearing, the parent, guardian, legal custodian or juvenile may request through counsel subsequently appointed or retained or through a guardian ad litem that the order to hold the juvenile in custody be reheard. If the request is made, a rehearing shall take place as soon as may be possible. Any order to hold the juvenile in custody shall be subject to rehearing for good cause, whether or not counsel was present.

Note: Deletes unnecessary language.

AB378, s. 531 Section 531. 938.22 (1) (c) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,191,9 938.22 (1) (c) In counties having a population of 500,000 or more, the nonjudicial operational policies of the secure detention facility and the detention section of the juvenile delinquency children's court center shall be established by the county board of supervisors, and the execution thereof shall be the responsibility of the director of the children's court center.

Note: Inserts correct term. There is no "juvenile delinquency court center".

AB378, s. 532 Section 532. 938.243 (2) of the statutes, as created by 1995 Wisconsin Act 77, is renumbered 938.243 (4).

Note: Renumbers provision for more logical placement.