Amendment SA1-SSA1-AB133

AB133-SSA1-SA1,466,15 1099. Page 1431, line 22: after that line insert:

AB133-SSA1-SA1,466,16 " Section 3120m. 938.09 (2) of the statutes is amended to read:

AB133-SSA1-SA1,466,23 938.09 (2) By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter concerning a civil law violation arising under s. 938.125. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration justice of that change by January 1 of that odd-numbered year.

AB133-SSA1-SA1, s. 3120n Section 3120n. 938.09 (5) of the statutes is amended to read:

AB133-SSA1-SA1,467,6 938.09 (5) By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter arising under s. 938.13. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration justice of that change by January 1 of that odd-numbered year.".

AB133-SSA1-SA1,467,7 1100. Page 1431, line 22: after that line insert:

AB133-SSA1-SA1,467,8 " Section 3130m. 938.20 (8) of the statutes is amended to read:

AB133-SSA1-SA1,468,3 938.20 (8) If a juvenile is held in custody, the intake worker shall notify the juvenile's parent, guardian and legal custodian of the reasons for holding the juvenile in custody and of the juvenile's whereabouts unless there is reason to believe that notice would present imminent danger to the juvenile. If a juvenile who has violated the terms of aftercare supervision administered by the department or a county department is held in custody, the intake worker shall also notify the department or county department, whichever has supervision over the juvenile, of the reasons for holding the juvenile in custody, of the juvenile's whereabouts and of the time and place of the detention hearing required under s. 938.21. The parent, guardian and legal custodian shall also be notified of the time and place of the detention hearing required under s. 938.21, the nature and possible consequences of that hearing, the right to counsel under s. 938.23 regardless of ability to pay and the right to present and cross-examine witnesses at the hearing. If the parent, guardian or legal custodian is not immediately available, the intake worker or another person designated by the court shall provide notice as soon as possible. When the juvenile is alleged to have committed a delinquent act, the juvenile shall receive the same notice about the detention hearing as the parent, guardian or legal custodian. The intake worker shall notify both the juvenile and the juvenile's parent, guardian or legal custodian.

AB133-SSA1-SA1, s. 3131m Section 3131m. 938.21 (3) (d) of the statutes is amended to read:

AB133-SSA1-SA1,468,10 938.21 (3) (d) Prior to the commencement of the hearing, the parent, guardian or legal custodian shall be informed by the court of the allegations that have been made or may be made, the nature and possible consequences of this hearing as compared to possible future hearings, the right to counsel under s. 938.23 regardless of ability to pay, the right to confront and cross-examine witnesses and the right to present witnesses.

AB133-SSA1-SA1, s. 3142g Section 3142g. 938.23 (2) of the statutes is created to read:

AB133-SSA1-SA1,468,14 938.23 (2) (a) Whenever a juvenile is alleged to be in need of protection or services under s. 938.13, any parent under 18 years of age who appears before the court shall be represented by counsel; but no such parent may waive counsel.

AB133-SSA1-SA1,468,23 (b) If a petition under s. 938.13 is contested, no juvenile may be placed outside his or her home unless the nonpetitioning parent is represented by counsel at the fact-finding hearing and subsequent proceedings. If the petition is not contested, the juvenile may not be placed outside his or her home unless the nonpetitioning parent is represented by counsel at the hearing at which the placement is made. A parent who is required under this paragraph to be represented by counsel may, however, waive counsel if the court is satisfied that such waiver is knowingly and voluntarily made, and the court may place the juvenile outside the home even though the parent was not represented by counsel.

AB133-SSA1-SA1, s. 3142m Section 3142m. 938.23 (3) of the statutes is amended to read:

AB133-SSA1-SA1,469,5 938.23 (3) Power of the court to appoint counsel. Except in proceedings under s. 938.13, at At any time, upon request or on its own motion, the court may appoint counsel for the juvenile or any party, unless the juvenile or the party has or wishes to retain counsel of his or her own choosing. The court may not appoint counsel for any party other than the juvenile in a proceeding under s. 938.13.

AB133-SSA1-SA1, s. 3142p Section 3142p. 938.23 (4) of the statutes is amended to read:

AB133-SSA1-SA1,469,22 938.23 (4) Providing counsel. In any situation under this section in which a person juvenile has a right to be represented by counsel or is provided counsel at the discretion of the court and counsel is not knowingly and voluntarily waived, the court shall refer the person juvenile to the state public defender and counsel shall be appointed by the state public defender under s. 977.08 without a determination of indigency. In any situation under sub. (2) in which a parent 18 years of age or older is entitled to representation by counsel; counsel is not knowingly and voluntarily waived; and it appears that the parent is unable to afford counsel in full, or the parent so indicates; the court shall refer the parent to the authority for indigency determinations specified in s. 977.07 (1). In any other situation under this section in which a person has a right to be represented by counsel or is provided counsel at the discretion of the court, competent and independent counsel shall be provided and reimbursed in any manner suitable to the court regardless of the person's ability to pay, except that the court may not order a person who files a petition under s. 813.122 or 813.125 to reimburse counsel for the juvenile who is named as the respondent in that petition.".

AB133-SSA1-SA1,469,23 1101. Page 1431, line 22: after that line insert:

AB133-SSA1-SA1,469,24 " Section 3130p. 938.207 (1) (a) of the statutes is amended to read:

AB133-SSA1-SA1,470,8 938.207 (1) (a) The home of a parent or guardian, except that a juvenile may not be held in the home of a parent or guardian if the parent or guardian has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the juvenile, and the conviction has not been reversed, set aside or vacated, unless the person making the custody decision determines by clear and convincing evidence that the placement would be in the best interests of the juvenile. The person making the custody decision shall consider the wishes of the juvenile in making that determination.

AB133-SSA1-SA1, s. 3130r Section 3130r. 938.207 (1) (b) of the statutes is amended to read:

AB133-SSA1-SA1,470,17 938.207 (1) (b) The home of a relative, except that a juvenile may not be held in the home of a relative if the relative has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the juvenile, and the conviction has not been reversed, set aside or vacated, unless the person making the custody decision determines by clear and convincing evidence that the placement would be in the best interests of the juvenile. The person making the custody decision shall consider the wishes of the juvenile in making that determination.".

AB133-SSA1-SA1,470,18 1102. Page 1431, line 22: after that line insert:

AB133-SSA1-SA1,470,19 " Section 3129b. 938.17 (2) (d) of the statutes is amended to read:

AB133-SSA1-SA1,471,11 938.17 (2) (d) If a municipal court finds that the juvenile violated a municipal ordinance other than an ordinance enacted under s. 118.163 or an ordinance that conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 961.573 (2), 961.574 (2) or 961.575 (2), the court shall enter any of the dispositional orders permitted under s. 938.343 that are authorized under par. (cm). If a juvenile fails to pay the forfeiture imposed by the municipal court, the court may not impose a jail sentence but may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or, unless the forfeiture was imposed for violating an ordinance unrelated to the juvenile's operation of a motor vehicle, may suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than 5 years. If a court suspends a license or privilege under this section, the court shall immediately take possession of the applicable license and forward it to the department that issued the license, together with the notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which shall thereupon return the license to the person.".

AB133-SSA1-SA1,471,12 1103. Page 1432, line 21: after that line insert:

AB133-SSA1-SA1,471,13 " Section 3143r. 938.243 (1) (e) of the statutes is amended to read:

AB133-SSA1-SA1,471,14 938.243 (1) (e) The right of the juvenile to counsel under s. 938.23.".

AB133-SSA1-SA1,471,15 1104. Page 1434, line 2: after that line insert:

AB133-SSA1-SA1,471,16 " Section 3148m. 938.27 (4) (b) of the statutes is amended to read:

AB133-SSA1-SA1,471,18 938.27 (4) (b) Advise the juvenile and any other party, if applicable, of his or her right to legal counsel regardless of ability to pay.".

AB133-SSA1-SA1,471,19 1105. Page 1435, line 2: after that line insert:

AB133-SSA1-SA1,471,20 " Section 3153p. 938.34 (3) (a) of the statutes is amended to read:

AB133-SSA1-SA1,472,4 938.34 (3) (a) The home of a parent or other relative of the juvenile, except that the court may not designate the home of a parent or other relative of the juvenile as the juvenile's placement if the parent or other relative has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the juvenile, and the conviction has not been reversed, set aside or vacated, unless the court determines by clear and convincing evidence that the placement would be in the best interests of the juvenile. The court shall consider the wishes of the juvenile in making that determination.

AB133-SSA1-SA1, s. 3153r Section 3153r. 938.34 (3) (b) of the statutes is amended to read:

AB133-SSA1-SA1,472,14 938.34 (3) (b) A home which need not be The home of a person who is not required to be licensed if placement is for less than 30 days, except that the court may not designate the name of a person who is not required to be licensed as the juvenile's placement if the person has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the juvenile, and the conviction has not been reversed, set aside or vacated, unless the court determines by clear and convincing evidence that the placement would be in the best interests of the juvenile. The court shall consider the wishes of the juvenile in making that determination.".

AB133-SSA1-SA1,472,15 1106. Page 1435, line 4: delete lines 4 to 8.

AB133-SSA1-SA1,472,16 1107. Page 1435, line 8: after that line insert:

AB133-SSA1-SA1,472,18 " Section 3163k. 938.355 (3) of the statutes is renumbered 938.355 (3) (a) and amended to read:

AB133-SSA1-SA1,472,21 938.355 (3) (a) If Except as provided in par. (b), if, after a hearing on the issue with due notice to the parent or guardian, the court finds that it would be in the best interest of the juvenile, the court may set reasonable rules of parental visitation.

AB133-SSA1-SA1, s. 3163m Section 3163m. 938.355 (3) (b) of the statutes is created to read:

AB133-SSA1-SA1,473,3 938.355 (3) (b) 1. Except as provided in subd. 2., the court may not grant visitation under par. (a) to a parent of a juvenile if the parent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the juvenile's other parent, and the conviction has not been reversed, set aside or vacated.

AB133-SSA1-SA1,473,12 1m. Except as provided in subd. 2., if a parent who is granted visitation rights with a juvenile under par. (a) is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the juvenile's other parent, and the conviction has not been reversed, set aside or vacated, the court shall issue an order prohibiting the parent from having visitation with the juvenile on petition of the juvenile, the guardian or legal custodian of the juvenile, a person or agency bound by the dispositional order or the district attorney or corporation counsel of the county in which the dispositional order was entered, or on the court's own motion, and on notice to the parent.

AB133-SSA1-SA1,473,15 2. Subdivisions 1. and 1m. do not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the juvenile. The court shall consider the wishes of the juvenile in making that determination.

AB133-SSA1-SA1, s. 3165k Section 3165k. 938.357 (4d) of the statutes is created to read:

AB133-SSA1-SA1,473,21 938.357 (4d) (a) Except as provided in par. (b), the court may not change a juvenile's placement to a placement in the home of a person who has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the juvenile, if the conviction has not been reversed, set aside or vacated.

AB133-SSA1-SA1,474,5 (am) Except as provided in par (b), if a parent in whose home a juvenile is placed is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the juvenile's other parent, and the conviction has not been reversed, set aside or vacated, the court shall change the juvenile's placement to a placement out of the home of the parent on petition of the juvenile, the guardian or legal custodian of the juvenile, a person or agency bound by the dispositional order or the district attorney or corporation counsel of the county in which the dispositional order was entered, or on the court's own motion, and on notice to the parent.

AB133-SSA1-SA1,474,8 (b) Paragraphs (a) and (am) do not apply if the court determines by clear and convincing evidence that the placement would be in the best interests of the juvenile. The court shall consider the wishes of the juvenile in making that determination.".

AB133-SSA1-SA1,474,9 1108. Page 1435, line 8: after that line insert:

AB133-SSA1-SA1,474,10 " Section 3159b. 938.34 (8) of the statutes is amended to read:

AB133-SSA1-SA1,475,9 938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that this disposition is in the best interest of the juvenile and in aid of rehabilitation. The maximum forfeiture that the court may impose under this subsection for a violation by a juvenile is the maximum amount of the fine that may be imposed on an adult for committing that violation or, if the violation is applicable only to a person under 18 years of age, $100. Any such order shall include a finding that the juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months for payment. If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order other alternatives under this section, in accordance with the conditions specified in this chapter; or the court may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or, unless the forfeiture was imposed for violating an ordinance unrelated to the juvenile's operation of a motor vehicle, may suspend the juvenile's operating privilege as defined in s. 340.01 (40), for not less than 30 days nor more than 5 years. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license and forward it to the department which issued the license, together with a notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the suspension shall be reduced to the time period which has already elapsed and the court shall immediately notify the department which shall then return the license to the juvenile. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).

AB133-SSA1-SA1, s. 3161b Section 3161b. 938.343 (2) of the statutes is amended to read:

AB133-SSA1-SA1,476,2 938.343 (2) Impose a forfeiture not to exceed the maximum forfeiture that may be imposed on an adult for committing that violation or, if the violation is only applicable to a person under 18 years of age, $50. Any such order shall include a finding that the juvenile alone is financially able to pay and shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture, the court may suspend any license issued under ch. 29 or, unless the forfeiture was imposed for violating an ordinance unrelated to the juvenile's operation of a motor vehicle, may suspend the juvenile's operating privilege as defined in s. 340.01 (40), for not less than 30 days nor more than 5 years. The court shall immediately take possession of the suspended license and forward it to the department which issued the license, together with the notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which will thereupon return the license to the person. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).".

AB133-SSA1-SA1,476,3 1109. Page 1436, line 16: after that line insert:

AB133-SSA1-SA1,476,4 " Section 3176m. 940.295 (1) (q) of the statutes is repealed.

AB133-SSA1-SA1, s. 3176n Section 3176n. 940.295 (2) (j) of the statutes is repealed and recreated to read:

AB133-SSA1-SA1,476,7 940.295 (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-SSA1-SA1,476,8 1110. Page 1436, line 23: after that line insert:

AB133-SSA1-SA1,476,9 " Section 3191br. 945.05 (1) (intro.) of the statutes is amended to read:

AB133-SSA1-SA1,476,12 945.05 (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-SSA1-SA1, s. 3191bu Section 3191bu. 945.05 (1m) of the statutes is created to read:

AB133-SSA1-SA1,476,18 945.05 (1m) Subsection (1) does not apply to a person who manufactures, transfers commercially or possesses with intent to transfer commercially gambling devices described in sub. (1) (a) and (b) to a nonprofit or public educational institution that provides an educational program for which it awards a bachelor's or higher degree for the use in a casino gaming management class.".

AB133-SSA1-SA1,476,19 1111. Page 1436, line 23: after that line insert:

AB133-SSA1-SA1,476,21 " Section 3191bd. 945.03 of the statutes is renumbered 945.03 (1m), and 945.03 (1m) (intro.), as renumbered, is amended to read:

AB133-SSA1-SA1,476,24 945.03 (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-SSA1-SA1, s. 3191bf Section 3191bf. 945.03 (2m) of the statutes is created to read:

AB133-SSA1-SA1,477,6 945.03 (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, the person may be penalized as follows:

AB133-SSA1-SA1,477,8 (a) If the violation involves one video gambling machine, the person may be required to forfeit not more than $500.

AB133-SSA1-SA1,477,10 (b) If the violation involves 2 video gambling machines, the person may be required to forfeit not more than $1,000.

AB133-SSA1-SA1,477,12 (c) If the violation involves 3 video gambling machines, the person may be required to forfeit not more than $1,500.

AB133-SSA1-SA1,477,14 (d) If the violation involves 4 video gambling machines, the person may be required to forfeit not more than $2,000.

AB133-SSA1-SA1,477,16 (e) If the violation involves 5 video gambling machines, the person may be required to forfeit not more than $2,500.

AB133-SSA1-SA1, 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-SSA1-SA1,477,20 945.04 (1m) (intro.) Whoever Except as provided in sub. (2m), whoever intentionally does any of the following is guilty of a Class A misdemeanor:

AB133-SSA1-SA1, s. 3191bj Section 3191bj. 945.04 (2m) of the statutes is created to read:

AB133-SSA1-SA1,477,25 945.04 (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, the person may be penalized as follows:

AB133-SSA1-SA1,478,2 (a) If the violation involves one video gambling machine, the person may be required to forfeit not more than $500.

AB133-SSA1-SA1,478,4 (b) If the violation involves 2 video gambling machines, the person may be required to forfeit not more than $1,000

AB133-SSA1-SA1,478,6 (c) If the violation involves 3 video gambling machines, the person may be required to forfeit not more than $1,500.

AB133-SSA1-SA1,478,8 (d) If the violation involves 4 video gambling machines, the person may be required to forfeit not more than $2,000

AB133-SSA1-SA1,478,10 (e) If the violation involves 5 video gambling machines, the person may be required to forfeit not more than $2,500.

AB133-SSA1-SA1, s. 3191bm Section 3191bm. 945.041 (11) of the statutes is created to read:

AB133-SSA1-SA1,478,15 945.041 (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-SSA1-SA1, s. 3191bn Section 3191bn. 945.05 (1) (intro.) of the statutes is amended to read:

AB133-SSA1-SA1,478,19 945.05 (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-SSA1-SA1, s. 3191bp Section 3191bp. 945.05 (1m) of the statutes is created to read:

AB133-SSA1-SA1,478,23 945.05 (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, the person is subject to a Class C forfeiture.".

AB133-SSA1-SA1,478,24 1112. Page 1439, line 7: after that line insert:

AB133-SSA1-SA1,479,1 " Section 3196m. 946.82 (4) of the statutes is amended to read: