Amendment AA2-ASA1-AB133

AB133-ASA1-AA2, s. 3164d Section 3164d. 938.357 (3) of the statutes is amended to read:

AB133-ASA1-AA2,533,16 938.357 (3) Subject to sub. (4) (b) and (c) and (5) (e), if the proposed change in placement would involve placing a juvenile in a secured correctional facility or in, a secured child caring institution or a secured group home, notice shall be given as provided in sub. (1). A hearing shall be held, unless waived by the juvenile, parent, guardian and legal custodian, before the judge makes a decision on the request. The juvenile shall be entitled to counsel at the hearing, and any party opposing or favoring the proposed new placement may present relevant evidence and cross-examine witnesses. The proposed new placement may be approved only if the judge finds, on the record, that the conditions set forth in s. 938.34 (4m) have been met.

AB133-ASA1-AA2, s. 3166d Section 3166d. 938.357 (4g) (a) of the statutes is amended to read:

AB133-ASA1-AA2,534,2 938.357 (4g) (a) Not later than 120 days after the date on which the juvenile is placed in a secured correctional facility or, a secured child caring institution or a secured group home, or within 30 days after the date on which the department requests the aftercare plan, whichever is earlier, the aftercare provider designated under s. 938.34 (4n) shall prepare an aftercare plan for the juvenile. If the aftercare provider designated under s. 938.34 (4n) is a county department, that county department shall submit the aftercare plan to the department within the time limits specified in this paragraph, unless the department waives those time limits under par. (b).

AB133-ASA1-AA2, s. 3167d Section 3167d. 938.357 (4g) (b) of the statutes is amended to read:

AB133-ASA1-AA2,534,11 938.357 (4g) (b) The department may waive the time period within which an aftercare plan must be prepared and submitted under par. (a) if the department anticipates that the juvenile will remain in the secured correctional facility or, secured child caring institution or secured group home for a period exceeding 8 months or if the juvenile is subject to s. 48.366 or 938.183. If the department waives that time period, the aftercare provider designated under s. 938.34 (4n) shall prepare the aftercare plan within 30 days after the date on which the department requests the aftercare plan.

AB133-ASA1-AA2, s. 3168d Section 3168d. 938.357 (4g) (d) of the statutes is amended to read:

AB133-ASA1-AA2,534,15 938.357 (4g) (d) A juvenile may be released from a secured correctional facility or, a secured child caring institution or a secured group home whether or not an aftercare plan has been prepared under this subsection.

AB133-ASA1-AA2, s. 3169d Section 3169d. 938.357 (5) (e) of the statutes is amended to read:

AB133-ASA1-AA2,534,21 938.357 (5) (e) If the hearing examiner finds that the juvenile has violated a condition of aftercare supervision, the hearing examiner shall determine whether confinement in a secured correctional facility or, a secured child caring institution or a secured group home is necessary to protect the public, to provide for the juvenile's rehabilitation or to not depreciate the seriousness of the violation.

AB133-ASA1-AA2, s. 3170d Section 3170d. 938.357 (5) (f) of the statutes is amended to read:

AB133-ASA1-AA2,534,25 938.357 (5) (f) Review of a revocation decision shall be by certiorari to the court by whose order the juvenile was placed in a secured correctional facility or, a secured child caring institution or a secured group home.

AB133-ASA1-AA2, s. 3171d Section 3171d. 938.38 (3) (a) of the statutes is amended to read:

AB133-ASA1-AA2,535,10 938.38 (3) (a) If the juvenile is alleged to be delinquent and is being held in a secure detention facility, juvenile portion of a county jail or shelter care facility, and the agency intends to recommend that the juvenile be placed in a secured correctional facility or, a secured child caring institution or a secured group home, the agency is not required to submit the permanency plan unless the court does not accept the recommendation of the agency. If the court places the juvenile in any facility outside of the juvenile's home other than a secured correctional facility or, a secured child caring institution or a secured group home, the agency shall file the permanency plan with the court within 60 days after the date of disposition.

AB133-ASA1-AA2, s. 3173d Section 3173d. 938.51 (1) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,535,18 938.51 (1) (intro.) At least 15 days prior to the date of release from a secured correctional facility or, a secured child caring institution or a secured group home of a juvenile who has been adjudicated delinquent and at least 15 days prior to the release from the supervision of the department or a county department of a juvenile who has been adjudicated delinquent, the department or county department having supervision over the juvenile shall make a reasonable attempt to do all of the following:

AB133-ASA1-AA2, s. 3174d Section 3174d. 938.51 (1m) of the statutes is amended to read:

AB133-ASA1-AA2,536,3 938.51 (1m) The department or county department having supervision over a juvenile described in sub. (1) shall determine the local agencies that it will notify under sub. (1) (a) based on the residence of the juvenile's parents or on the juvenile's intended residence specified in the juvenile's aftercare supervision plan or, if those methods do not indicate the community in which the juvenile will reside following release from a secured correctional facility or, from , a secured child caring institution or a secured group home or from the supervision of the department or county department, the community in which the juvenile states that he or she intends to reside.

AB133-ASA1-AA2, s. 3175d Section 3175d. 938.51 (4) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,536,15 938.51 (4) (intro.) If a juvenile described in sub. (1), (1d) or (1g) escapes from a secured correctional facility, child caring institution, secured group home, inpatient facility, secure detention facility or juvenile portion of a county jail, or from the custody of a peace officer or a guard of such a facility, institution, home or jail, or has been allowed to leave a secured correctional facility, child caring institution, secured group home, inpatient facility, secure detention facility or juvenile portion of a county jail for a specified period of time and is absent from the facility, institution, home or jail for more than 12 hours after the expiration of the specified period, as soon as possible after the department or county department having supervision over the juvenile discovers that escape or absence, that department or county department shall make a reasonable attempt to notify by telephone all of the following persons:".

AB133-ASA1-AA2,536,16 1015. Page 1435, line 8: after that line insert:

AB133-ASA1-AA2,536,17 " Section 3171m. 938.396 (9) of the statutes is amended to read:

AB133-ASA1-AA2,536,24 938.396 (9) Notwithstanding sub. (2) (a), if a juvenile is adjudged delinquent for committing a serious crime, as defined in s. 48.685 (7) (a) (1) (c), the court clerk shall notify the department of justice of that fact. No other information from the juvenile's court records may be disclosed to the department of justice except by order of the court. The department of justice may disclose any information provided under this subsection only as part of a criminal history record search under s. 48.685 (2) (am) 1. or (b) 1. a.".

AB133-ASA1-AA2,537,1 1016. Page 1436, line 16: after that line insert:

AB133-ASA1-AA2,537,3 " Section 3176m. 938.983 (title) of the statutes is renumbered 254.92 (title) and amended to read:

AB133-ASA1-AA2,537,5 254.92 (title) Purchase or possession of cigarettes or tobacco products by person under 18 prohibited.

AB133-ASA1-AA2, s. 3176n Section 3176n. 938.983 (1) of the statutes is repealed.

AB133-ASA1-AA2, s. 3176p Section 3176p. 938.983 (2) (intro.), (a) and (c) of the statutes are consolidated, renumbered 254.92 (2) (intro.) and amended to read:

AB133-ASA1-AA2,537,12 254.92 (2) (intro.) Except as provided in sub. (3), no No person under 18 years of age may do any of the following: (a) Buy or purchase, attempt to buy any cigarette or tobacco product. (c) Possess purchase or possess any cigarette or tobacco product. except as follows:

AB133-ASA1-AA2, s. 3176q Section 3176q. 938.983 (2) (b) of the statutes is renumbered 254.92 (1) and amended to read:

AB133-ASA1-AA2,537,16 254.92 (1) Falsely No person under 18 years of age may falsely represent his or her age for the purpose of receiving any cigarette or tobacco product.

AB133-ASA1-AA2, s. 3176r Section 3176r. 938.983 (3) of the statutes is renumbered 254.92 (2) (a) and amended to read:

AB133-ASA1-AA2,537,22 254.92 (2) (a) A person under 18 years of age may purchase or possess cigarettes or tobacco products for the sole purpose of resale in the course of employment during his or her working hours if employed by a retailer licensed under s. 134.65 (1).

AB133-ASA1-AA2, s. 3176s Section 3176s. 938.983 (4) of the statutes is renumbered 254.92 (3) and amended to read:

AB133-ASA1-AA2,538,3 254.92 (3) A law enforcement officer shall seize any cigarette or tobacco product involved in any violation of sub. (2) committed in his or her presence that has been sold to and is in the possession of a person under 18 years of age.

AB133-ASA1-AA2, s. 3176t Section 3176t. 938.983 (5) of the statutes is repealed.".

AB133-ASA1-AA2,538,5 1017. Page 1436, line 16: after that line insert:

AB133-ASA1-AA2,538,6 " Section 3183d. 938.57 (1) (c) of the statutes is amended to read:

AB133-ASA1-AA2,538,19 938.57 (1) (c) Provide appropriate protection and services for juveniles in its care, including providing services for juveniles and their families in their own homes, placing the juveniles in licensed foster homes, licensed treatment foster homes or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody or contracting for services for them by licensed child welfare agencies or replacing them in juvenile secured correctional institutions or facilities, secured child caring institutions or secured group homes in accordance with rules promulgated under ch. 227, except that the county department may not purchase the educational component of private day treatment programs unless the county department, the school board as defined in s. 115.001 (7) and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the state superintendent of public instruction.

AB133-ASA1-AA2, s. 3184d Section 3184d. 938.57 (4) of the statutes is amended to read:

AB133-ASA1-AA2,539,8 938.57 (4) A county department may provide aftercare supervision under s. 938.34 (4n) for juveniles who are released from secured correctional facilities or, secured child caring institutions operated by the department or secured group homes. If a county department intends to change its policy regarding whether the county department or the department shall provide aftercare supervision for juveniles released from secured correctional facilities or , secured child caring institutions operated by the department or secured group homes, the county executive or county administrator, or, if the county has no county executive or county administrator, the chairperson of the county board of supervisors, or, for multicounty departments, the chairpersons of the county boards of supervisors jointly, shall submit a letter to the department stating that intent before July 1 of the year preceding the year in which the policy change will take effect.

AB133-ASA1-AA2, s. 3186d Section 3186d. 938.78 (3) of the statutes is amended to read:

AB133-ASA1-AA2,540,4 938.78 (3) If a juvenile adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need of protection or services under s. 48.13 (12), 1993 stats., or s. 48.13 (14), 1993 stats., or s. 938.13 (12) or (14) on the basis of a violation of s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60, 948.605 or 948.61 or any crime specified in ch. 940 has escaped from a secured correctional facility, child caring institution, secured group home, inpatient facility, as defined in s. 51.01 (10), secure detention facility or juvenile portion of a county jail, or from the custody of a peace officer or a guard of such a facility, institution or jail, or has been allowed to leave a secured correctional facility, child caring institution, secured group home, inpatient facility, secure detention facility or juvenile portion of a county jail for a specified time period and is absent from the facility, institution, home or jail for more than 12 hours after the expiration of the specified period, the department or county department having supervision over the juvenile may release the juvenile's name and any information about the juvenile that is necessary for the protection of the public or to secure the juvenile's return to the facility, institution, home or jail. The department of corrections shall promulgate rules establishing guidelines for the release of the juvenile's name or information about the juvenile to the public.

AB133-ASA1-AA2, s. 3188d Section 3188d. 939.635 (1) of the statutes is amended to read:

AB133-ASA1-AA2,540,16 939.635 (1) Except as provided in sub. (2), if a person who has been adjudicated delinquent is convicted of violating s. 940.20 (1) while placed in a secured correctional facility, as defined in s. 938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), or is convicted of violating s. 940.20 (2m), the court shall sentence the person to not less than 3 years of imprisonment. Except as provided in sub. (2), if a person is convicted of violating s. 946.43 while placed in a secured correctional facility, as defined in s. 938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), the court shall sentence the person to not less than 5 years of imprisonment.

AB133-ASA1-AA2, s. 3189d Section 3189d. 939.635 (2) (b) of the statutes is amended to read:

AB133-ASA1-AA2,540,24 939.635 (2) (b) That imposing the applicable presumptive minimum sentence specified in sub. (1) is not necessary to deter the person or other persons from committing violations of s. 940.20 (1) or 946.43 or other similar offenses while placed in a secured correctional facility, as defined in s. 938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), or from committing violations of s. 940.20 (2m).".

AB133-ASA1-AA2,541,1 1018. Page 1436, line 16: after that line insert:

AB133-ASA1-AA2,541,2 " Section 3176m. 940.295 (1) (q) of the statutes is repealed.

AB133-ASA1-AA2, s. 3176n Section 3176n. 940.295 (2) (j) of the statutes is repealed and recreated to read:

AB133-ASA1-AA2,541,5 940.295 (2) (j) The Wisconsin School for the Deaf under s. 115.52 and the Wisconsin Center for the Blind and Visually Impaired under s. 115.525.".

AB133-ASA1-AA2,541,6 1019. Page 1436, line 23: after that line insert:

AB133-ASA1-AA2,541,8 " Section 3191bd. 945.03 of the statutes is renumbered 945.03 (1m), and 945.03 (1m) (intro.), as renumbered, is amended to read:

AB133-ASA1-AA2,541,11 945.03 (1m) (intro.) Whoever intentionally does any of the following is engaged in commercial gambling and, except as provided in sub. (2m), is guilty of a Class E felony:

AB133-ASA1-AA2, s. 3191bf Section 3191bf. 945.03 (2m) of the statutes is created to read:

AB133-ASA1-AA2,541,19 945.03 (2m) If the violation of sub. (1m) involves the possession, operation, set up, collection of proceeds, participation in earnings or maintenance of, or involves acting as the custodian of anything of value bet or offered to be bet on, not more than 5 video gambling machines on premises for which a Class "B" or "Class B" license or permit has been issued under ch. 125, and the person has been penalized under this subsection on 4 or fewer previous separate occasions, the person may be penalized as follows:

AB133-ASA1-AA2,541,21 (a) If the violation involves one video gambling machine, the person may be required to forfeit not more than $500.

AB133-ASA1-AA2,541,23 (b) If the violation involves 2 video gambling machines, the person may be required to forfeit not more than $1,000.

AB133-ASA1-AA2,542,2 (c) If the violation involves 3 video gambling machines, the person may be required to forfeit not more than $1,500.

AB133-ASA1-AA2,542,4 (d) If the violation involves 4 video gambling machines, the person may be required to forfeit not more than $2,000.

AB133-ASA1-AA2,542,6 (e) If the violation involves 5 video gambling machines, the person may be required to forfeit not more than $2,500.

AB133-ASA1-AA2, s. 3191bh Section 3191bh. 945.04 of the statutes is renumbered 945.04 (1m), and 945.04 (1m) (intro.), as renumbered, is amended to read:

AB133-ASA1-AA2,542,10 945.04 (1m) (intro.) Whoever Except as provided in sub. (2m), whoever intentionally does any of the following is guilty of a Class A misdemeanor:

AB133-ASA1-AA2, s. 3191bj Section 3191bj. 945.04 (2m) of the statutes is created to read:

AB133-ASA1-AA2,542,16 945.04 (2m) If the violation of sub. (1m) involves the set up or use of not more than 5 video gambling machines on premises for which a Class "B" or "Class B" license or permit has been issued under ch. 125, and the person has been penalized under this subsection on 4 or fewer previous separate occasions, the person may be penalized as follows:

AB133-ASA1-AA2,542,18 (a) If the violation involves one video gambling machine, the person may be required to forfeit not more than $500.

AB133-ASA1-AA2,542,20 (b) If the violation involves 2 video gambling machines, the person may be required to forfeit not more than $1,000

AB133-ASA1-AA2,542,22 (c) If the violation involves 3 video gambling machines, the person may be required to forfeit not more than $1,500.

AB133-ASA1-AA2,542,24 (d) If the violation involves 4 video gambling machines, the person may be required to forfeit not more than $2,000

AB133-ASA1-AA2,543,2 (e) If the violation involves 5 video gambling machines, the person may be required to forfeit not more than $2,500.

AB133-ASA1-AA2, s. 3191bm Section 3191bm. 945.041 (11) of the statutes is created to read:

AB133-ASA1-AA2,543,7 945.041 (11) No proceeding under this section may be commenced to revoke a Class "B" or "Class B" license or permit issued under ch. 125 to a person solely because the person knowingly permits 5 or fewer video gambling machines to be set up, kept, managed, used or conducted upon the licensed premises.

AB133-ASA1-AA2, s. 3191bn Section 3191bn. 945.05 (1) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,543,11 945.05 (1) (intro.) Whoever Except as provided in sub. (1m), whoever manufactures, transfers commercially or possesses with intent to transfer commercially either of the following is guilty of a Class E felony:

AB133-ASA1-AA2, s. 3191bp Section 3191bp. 945.05 (1m) of the statutes is created to read:

AB133-ASA1-AA2,543,16 945.05 (1m) If a violation of sub. (1) involves the commercial transfer of a video gambling machine or possession of a video gambling machine with the intent to transfer commercially, and the person has been penalized under this subsection on 4 or fewer previous separate occasions, the person is subject to a Class C forfeiture.".

AB133-ASA1-AA2,543,17 1020. Page 1439, line 7: after that line insert:

AB133-ASA1-AA2,543,18 " Section 3196m. 946.82 (4) of the statutes is amended to read:

AB133-ASA1-AA2,544,8 946.82 (4) "Racketeering activity" means any activity specified in 18 USC 1961 (1) in effect as of April 27, 1982, or the attempt, conspiracy to commit, or commission of any of the felonies specified in: chs. 945 and 961 and ss. 49.49, 134.05, 139.44 (1), 180.0129, 181.0129, 185.825, 200.09 (2), 215.12, 221.0625, 221.0636, 221.0637, 221.1004, 551.41, 551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (3) to (6), 940.20, 940.201, 940.203, 940.21, 940.30, 940.305, 940.31, 941.20 (2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 943.01 (2) or (2g), 943.011, 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (b) to (d), 943.201, 943.23 (1g), (1m), (1r), (2) and (3), 943.24 (2), 943.25, 943.27, 943.28, 943.30, 943.32, 943.34 (1) (b) and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (b) and (c), 943.60, 943.70, 944.205, 944.21 (5) (c) and (e), 944.32, 944.33 (2), 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11, 946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76, 947.015, 948.05, 948.08, 948.12 and 948.30.".

AB133-ASA1-AA2,544,9 1021. Page 1439, line 7: after that line insert:

AB133-ASA1-AA2,544,10 " Section 3192d. 946.42 (1) (a) of the statutes is amended to read:

AB133-ASA1-AA2,545,2 946.42 (1) (a) "Custody" includes without limitation actual custody of an institution, including a secured correctional facility, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), a secured group home, as defined in s. 938.02 (15p), a secure detention facility, as defined in s. 938.02 (16), a Type 2 child caring institution, as defined in s. 938.02 (19r), or a juvenile portion of a county jail, or of a peace officer or institution guard and constructive custody of prisoners and juveniles subject to an order under s. 48.366, 938.183, 938.34 (4d), (4h) or (4m) or 938.357 (4) or (5) (e) temporarily outside the institution whether for the purpose of work, school, medical care, a leave granted under s. 303.068, a temporary leave or furlough granted to a juvenile or otherwise. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the county to which the prisoner was transferred after conviction. It does not include the custody of a probationer, parolee or person on extended supervision by the department of corrections or a probation, extended supervision or parole officer or the custody of a person who has been released to aftercare supervision under ch. 938 unless the person is in actual custody or is subject to a confinement order under s. 973.09 (4).

AB133-ASA1-AA2, s. 3193d Section 3193d. 946.44 (2) (c) of the statutes is amended to read:

AB133-ASA1-AA2,545,7 946.44 (2) (c) "Institution" includes a secured correctional facility, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), a secured group home, as defined in s. 938.02 (15p), and a Type 2 child caring institution, as defined in s. 938.02 (19r).

AB133-ASA1-AA2, s. 3194d Section 3194d. 946.44 (2) (d) of the statutes is amended to read:

AB133-ASA1-AA2,545,14 946.44 (2) (d) "Prisoner" includes a person who is under the supervision of the department of corrections under s. 938.34 (4h) or, who is placed in a secured correctional facility or, a secured child caring institution or a secured group home under s. 938.183, 938.34 (4m) or 938.357 (4) or (5) (e) or, who is placed in a Type 2 child caring institution under s. 938.34 (4d) or who is subject to an order under s. 48.366.

AB133-ASA1-AA2, s. 3195d Section 3195d. 946.45 (2) (c) of the statutes is amended to read:

AB133-ASA1-AA2,545,19 946.45 (2) (c) "Institution" includes a secured correctional facility, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), a secured group home, as defined in s. 938.02 (15p), and a Type 2 child caring institution, as defined in s. 938.02 (19r).

AB133-ASA1-AA2, s. 3196d Section 3196d. 946.45 (2) (d) of the statutes is amended to read: