AB378, s. 512 8Section 512. 895.55 (2) (intro.) of the statutes, as created by 1995 Wisconsin
9Act 192
, is amended to read:
AB378,186,1610 895.55 (2) (intro.) Notwithstanding any provision of ch. 29, s. 299.11, 299.13,
11299.31, 299.41, 299.43, 299.45, 299.51, 299.53 or 299.55,
subchs. II and IV of ch. 30,
12subchs. II, IV, VI and VII of ch. 144, ch. 147 or 29, 166, 281, 283, 289, 291 or 292 or
13subch. II of ch. 295,
or any other provision of this chapter, a person is immune from
14liability for damages resulting from the person's acts or omissions and for the
15removal costs resulting from the person's acts or omissions if all of the following
16conditions 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 17Section 513. 895.55 (3) (a) of the statutes, as created by 1995 Wisconsin Act
18192
, is amended to read:
AB378,187,219 895.55 (3) (a) Who is required to act under s. 144.76 292.11 (3) because the
20person possessed or controlled the oil that was initially discharged into the navigable

1waters of this state or caused the initial discharge or initial threat of discharge of the
2oil 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 3Section 514. The amendment of 938.02 (15m) of the statutes by 1995
4Wisconsin Act 216
is not repealed by 1995 Wisconsin Act 352. Both amendments
5stand.
Note: There is no conflict of substance.
AB378, s. 515 6Section 515. 938.02 (17) of the statutes, as created by 1995 Wisconsin Act 77,
7is amended to read:
AB378,187,108 938.02 (17) "Shelter care facility" means a nonsecure place of temporary care
9and physical custody for juveniles, including a holdover room, licensed by the
10department 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 11Section 516. 938.065 (3) (b) of the statutes, as created by 1995 Wisconsin Act
1277
, is amended to read:
AB378,187,1413 938.065 (3) (b) Conduct fact-finding or dispositional hearings except on
14petitions or citations under s. 938.125 and except as provided in sub. (2) (gm).
Note: Inserts missing word.
AB378, s. 517 15Section 517. 938.125 (2) of the statutes, as created by 1995 Wisconsin Act 77,
16is amended to read:
AB378,187,2117 938.125 (2) That the court has exclusive jurisdiction over any juvenile alleged
18to have violated an ordinance enacted under s. 118.163 (2) only if evidence is provided
19by the school attendance officer that the activities under s. 118.16 (5) have been
20completed or were not completed due to the child's juvenile's absence from school as
21provided in s. 118.16 (5m).

Note: Replaces "child" with "juvenile" for consistency of references within ch. 938.
AB378, s. 518 1Section 518. 938.13 (6) of the statutes, as created by 1995 Wisconsin Act 77,
2is amended to read:
AB378,188,63 938.13 (6) Who is habitually truant from school, if evidence is provided by the
4school attendance officer that the activities under s. 118.16 (5) have been completed
5or were not completed due to the child's juvenile's absence from school as provided
6in 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 7Section 519. 938.18 (5) (d) of the statutes, as created by 1995 Wisconsin Act
877
, is amended to read:
AB378,188,119 938.18 (5) (d) The desirability of trial and disposition of the entire offense in
10one court if the juvenile was allegedly associated in the offense with persons who will
11be 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 12Section 520. The amendment of 938.183 (1) (a) of the statutes by 1995
13Wisconsin Act 216
is not repealed by 1995 Wisconsin Act 352. Both amendments
14stand.
Note: There is no conflict of substance.
AB378, s. 521 15Section 521. 938.183 (2) (c) of the statutes, as created by 1995 Wisconsin Act
1677
, is amended to read:
AB378,188,2117 938.183 (2) (c) If the juvenile is placed outside the juvenile's home under this
18subsection, the order shall contain, a designation of the amount of support, if any, to
19be paid by the juvenile's parent, guardian or trustee, specifying that the support
20obligation begins on the date of the placement, or a referral to the county designee
21under 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 1Section 522. 938.20 (2) (d) of the statutes, as created by 1995 Wisconsin Act
277
, is amended to read:
AB378,189,53 938.20 (2) (d) If the child juvenile is a runaway, the person who took the child
4juvenile into custody may release the child juvenile to a home authorized under s.
548.227.
AB378, s. 523 6Section 523. 938.205 (1) (intro.) of the statutes, as created by 1995 Wisconsin
7Act 77
, is amended to read:
AB378,189,118 938.205 (1) (intro.) A juvenile may be held under s. 938.207, 938.208 or
9938.209 if the intake worker determines that there is probable cause to believe the
10juvenile is within the jurisdiction of the court and if probable cause exists to believe
11one any of the following:
Note: Inserts preferred term.
AB378, s. 524 12Section 524. 938.209 (intro.) of the statutes, as created by 1995 Wisconsin Act
1377
, is amended to read:
AB378,189,16 14938.209 Criteria for holding a juvenile in a county jail. (intro.) Subject
15to the provisions of s. 938.208, a county jail may be used as a secure detention facility
16if the criteria under either sub. (1) or (2) are met:
Note: Deletes unnecessary language.
AB378, s. 525 17Section 525. 938.21 (2) (intro.) of the statutes, as created by 1995 Wisconsin
18Act 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 19Section 526. 938.21 (2) (a) of the statutes, as created by 1995 Wisconsin Act
2077
, is renumbered 938.21 (2) (am).
Note: See the previous section of this bill.
AB378, s. 527
1Section 527. 938.21 (2) (d) of the statutes, as created by 1995 Wisconsin Act
277
, is amended to read:
AB378,190,93 938.21 (2) (d) If the juvenile is not represented by counsel at the hearing and
4the juvenile is continued in custody as a result of the hearing, the juvenile may
5request through counsel subsequently appointed or retained or through a guardian
6ad litem that the order to hold in custody be reheard. If the request is made, a
7rehearing shall take place as soon as may be possible. Whether or not counsel was
8present, any order to hold the juvenile in custody shall be subject to rehearing for
9good cause.
Note: Deletes unnecessary language.
AB378, s. 528 10Section 528. 938.21 (3) (intro.) of the statutes, as created by 1995 Wisconsin
11Act 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 12Section 529. 938.21 (3) (a) of the statutes, as created by 1995 Wisconsin Act
1377
, is renumbered 938.21 (3) (am).
Note: See the previous section of this bill.
AB378, s. 530 14Section 530. 938.21 (3) (e) of the statutes, as created by 1995 Wisconsin Act
1577
, is amended to read:
AB378,191,216 938.21 (3) (e) If the parent, guardian or legal custodian or the juvenile is not
17represented by counsel at the hearing and the juvenile is continued in custody as a
18result of the hearing, the parent, guardian, legal custodian or juvenile may request
19through counsel subsequently appointed or retained or through a guardian ad litem
20that the order to hold the juvenile in custody be reheard. If the request is made, a
21rehearing shall take place as soon as may be possible. Any order to hold the juvenile

1in custody shall be subject to rehearing for good cause, whether or not counsel was
2present.
Note: Deletes unnecessary language.
AB378, s. 531 3Section 531. 938.22 (1) (c) of the statutes, as created by 1995 Wisconsin Act
477
, is amended to read:
AB378,191,95 938.22 (1) (c) In counties having a population of 500,000 or more, the
6nonjudicial operational policies of the secure detention facility and the detention
7section of the juvenile delinquency children's court center shall be established by the
8county board of supervisors, and the execution thereof shall be the responsibility of
9the director of the children's court center.
Note: Inserts correct term. There is no "juvenile delinquency court center".
AB378, s. 532 10Section 532. 938.243 (2) of the statutes, as created by 1995 Wisconsin Act 77,
11is renumbered 938.243 (4).
Note: Renumbers provision for more logical placement.
AB378, s. 533 12Section 533. 938.25 (4) of the statutes, as created by 1995 Wisconsin Act 77,
13is amended to read:
AB378,191,1514 938.25 (4) Section 939.74 applies to delinquency petitions filed under this
15subchapter
chapter.
Note: An early draft of the material contained in the present ch. 938 placed that
material in a single new subchapter of ch. 48. This cross-reference was not corrected
when the material was created in the new ch. 938.
AB378, s. 534 16Section 534. 938.273 (2) of the statutes, as created by 1995 Wisconsin Act 77,
17is amended to read:
AB378,192,218 938.273 (2) Service of summons or notice required by this subchapter chapter
19may be made by any suitable person under the direction of the court. Notification
20of the victim or alleged victim of a juvenile's act or of a family member of a homicide

1victim or of an alleged homicide victim under s. 938.27 (4m) shall be made by the
2district attorney or corporation counsel.
Note: An early draft of the material contained in the present ch. 938 placed that
material in a single new subchapter of ch. 48. This cross-reference was not corrected
when the material was created in the new ch. 938.
AB378, s. 535 3Section 535. 938.28 of the statutes, as created by 1995 Wisconsin Act 77, is
4amended to read:
AB378,192,11 5938.28 Failure to obey summons; capias. If any person summoned under
6this subchapter chapter fails without reasonable cause to appear, he or she may be
7proceeded against for contempt of court. In case the summons cannot be served or
8the parties served fail to obey the same, or in any case when it appears to the court
9that the service will be ineffectual a capias may be issued for the parent, guardian
10and legal custodian or for the juvenile. Subchapter IV governs the taking and
11holding of a juvenile in custody.
Note: An early draft of the material contained in the present ch. 938 placed that
material in a single new subchapter of ch. 48. This cross-reference was not corrected
when the material was created in the new ch. 938.
AB378, s. 536 12Section 536. 938.293 (2) of the statutes, as affected by 1995 Wisconsin Act 387,
13is amended to read:
AB378,193,414 938.293 (2) All records relating to a juvenile which are relevant to the subject
15matter of a proceeding under this subchapter chapter shall be open to inspection by
16a guardian ad litem or counsel for any party, upon demand and upon presentation
17of releases where necessary, at least 48 hours before the proceeding. Persons entitled
18to inspect the records may obtain copies of the records with the permission of the
19custodian of the records or with the permission of the court. The court may instruct
20counsel not to disclose specified items in the materials to the juvenile or the parent
21if the court reasonably believes that the disclosure would be harmful to the interests

1of the juvenile. Sections 971.23 and 972.11 (5) shall be applicable in all delinquency
2proceedings under this subchapter chapter, except that the court shall establish the
3timetable for the disclosures required under ss. 971.23 (1), (2m) and (8) and 972.11
4(5).
Note: An early draft of the material contained in the present ch. 938 placed that
material in a single new subchapter of ch. 48. This cross-reference was not corrected
when the material was created in the new ch. 938.
AB378, s. 537 5Section 537. 938.297 (3) of the statutes, as created by 1995 Wisconsin Act 77,
6is amended to read:
AB378,193,127 938.297 (3) Motions to suppress evidence as having been illegally seized or
8statements as having been illegally obtained shall be made before fact-finding on the
9issues. The court may entertain the motion at the fact-finding hearing if it appears
10that a party is surprised by the attempt to introduce such evidence and that party
11waives jeopardy. Only the juvenile may waive jeopardy in cases under s. 938.12,
12938.125 or 938.13 (12).
Note: Repeats phrase for better parallel construction.
AB378, s. 538 13Section 538. 938.299 (1) (a) of the statutes, as created by 1995 Wisconsin Act
1477
, is amended to read:
AB378,194,315 938.299 (1) (a) Except as provided in par. (ar), the general public shall be
16excluded from hearings under this chapter unless a public fact-finding hearing is
17demanded by a juvenile through his or her counsel. The court shall refuse to grant
18the public hearing, however, if the victim of an alleged sexual assault objects or, in
19a nondelinquency proceeding, if a parent or guardian objects. If a public hearing is
20not held, only the parties, their counsel, witnesses, a representative of the news
21media who wishes to attend the hearing for the purpose of reporting news without
22revealing the identity of the child juvenile involved and other persons requested by

1a party and approved by the court may be present. Any other person the court finds
2to have a proper interest in the case or in the work of the court, including a member
3of the bar, may be admitted by the court.
Note: Replaces "child" with "juvenile" for consistency of references within ch. 938.
AB378, s. 539 4Section 539. 938.299 (1) (b) of the statutes, as affected by 1995 Wisconsin Act
5352
, is amended to read:
AB378,194,106 938.299 (1) (b) Except as provided in par. (av) and s. 938.396, any person who
7divulges any information which would identify the juvenile or the family involved in
8any proceeding under this subchapter chapter is subject to ch. 785. This paragraph
9does not preclude a victim of the juvenile's act from commencing a civil action based
10upon the juvenile's act.
Note: An early draft of the material contained in the present ch. 938 placed that
material in a single new subchapter of ch. 48. This cross-reference was not corrected
when the material was created in the new ch. 938.
AB378, s. 540 11Section 540. 938.299 (6) (a) of the statutes, as affected by 1995 Wisconsin Act
12275
, is amended to read:
AB378,194,1613 938.299 (6) (a) The court shall refer the matter to the state or to the attorney
14responsible for support enforcement under s. 59.458 (1) 59.53 (6) (a) for a
15determination, under s. 767.45, of whether an action should be brought for the
16purpose of determining the paternity of the juvenile.
Note: 1995 Wisconsin Act 201 renumbered s. 59.458 (1) to s. 59.53 (6) (a).
AB378, s. 541 17Section 541. 938.299 (6) (e) 4. of the statutes, as created by 1995 Wisconsin
18Act 275
, is amended to read:
AB378,195,219 938.299 (6) (e) 4. If the genetic tests show that an alleged father is not excluded
20and that the statistical probability that the alleged father is the child's juvenile's
21biological father is 99.0% or higher, the court may determine that for purposes of a

1proceeding under this chapter or ch. 48, other than a proceeding under subch. VIII
2of ch. 48, the man is the juvenile's biological parent.
Note: Replaces "child" with "juvenile" for consistency of references within ch. 938.
AB378, s. 542 3Section 542. 938.299 (7) of the statutes, as created by 1995 Wisconsin Act 275,
4is amended to read:
AB378,195,125 938.299 (7) If a man who has been given notice under s. 938.27 (3) (b) 1. appears
6at any hearing for which he received the notice but does not allege that he is the
7father of the juvenile and state that he wishes to establish the paternity of the
8juvenile or if no man to whom such notice was given appears at a hearing, the court
9may refer the matter to the state or to the attorney responsible for support
10enforcement under s. 59.458 (1) 59.53 (6) (a) for a determination, under s. 767.45, of
11whether an action should be brought for the purpose of determining the paternity of
12the juvenile.
Note: 1995 Wis. Act 201 renumbered s. 59.458 (1) to s. 59.53 (6) (a).
AB378, s. 543 13Section 543. 938.30 (1) of the statutes, as created by 1995 Wisconsin Act 77,
14is amended to read:
AB378,196,315 938.30 (1) Except as provided in this subsection, the hearing to determine the
16juvenile's plea to a citation or a petition under s. 938.12, 938.125 or 938.13 (12), or
17to determine whether any party wishes to contest an allegation that the child
18juvenile is in need of protection or services under s. 938.13 (4), (6), (6m), (7) or (14)
19shall take place on a date which allows reasonable time for the parties to prepare but
20is within 30 days after the filing of a petition or issuance of a citation for a juvenile
21who is not being held in secure custody or within 10 days after the filing of a petition
22or issuance of a citation for a juvenile who is being held in secure custody. In a
23municipal court operated jointly by 2 or more cities, towns or villages under s. 755.01

1(4), the hearing to determine the juvenile's plea shall take place within 45 days after
2the filing of a petition or issuance of a citation for a juvenile who is not being held in
3secure custody.
Note: Replaces "child" with "juvenile" for consistency of references within ch. 938.
AB378, s. 544 4Section 544. 938.30 (5) (c) 1. of the statutes, as created by 1995 Wisconsin Act
577
, is amended to read:
Loading...
Loading...