Note: There is no conflict of substance.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
SB146, s. 370
3Section
370. 938.35 (1) (d) of the statutes is amended to read:
SB146,113,64
938.35
(1) (d) The fact that a juvenile has been adjudged delinquent on the
5basis of unlawfully and intentionally killing a person is admissible for the purpose
6of s.
852.01 (2m) (bg) 854.14 (5) (b).
Note: Section 852.01 (2m) was repealed and recreated by
1997 Wis. Act 188. It no
longer contains par. (bg). The subject matter of the former s. 852.01 (2m) (bg) relating
to the heirship of a juvenile adjudicated delinquent for intentionally killing a person is
now located at s. 854.14 (5) (b), as created by
1997 Wis. Act 188.
SB146, s. 371
7Section
371. 938.355 (2d) (b) 3. of the statutes is amended to read:
SB146,113,158
938.355
(2d) (b) 3. That the parent has committed a violation of s. 940.19 (2),
9(3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a)
10or a violation of the law of any other state or federal law, if that violation would be
11a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025
12or 948.03 (2) (a) or (3) (a) if committed in this state, and that the violation resulted
13in great bodily harm, as defined in s.
938.22 939.22 (14), or in substantial bodily
14harm, as defined in s.
938.22 939.22 (38), to the juvenile or another child of the
15parent.
Note: Inserts correct cross-references. There is no s. 938.22 (14) or (22). "Great
bodily harm" is defined at s. 939.22 (14) and "substantial bodily harm" is defined at s.
939.22 (38).
Note: There is no conflict of substance.
SB146, s. 373
18Section
373. 938.371 (1) of the statutes is reenacted to read:
SB146,114,9
1938.371
(1) If a juvenile is placed in a foster home, treatment foster home,
2group home, child caring institution or secured correctional facility, including a
3placement under s. 938.205 or 938.21, the agency, as defined in s. 938.38 (1) (a), that
4placed the juvenile or arranged for the placement of the juvenile shall provide the
5following information to the foster parent, treatment foster parent or operator of the
6group home, child caring institution or secured correctional facility at the time of
7placement or, if the information has not been provided to the agency by that time, as
8soon as possible after the date on which the agency receives that information, but not
9more than 2 working days after that date:
SB146,114,1610
(a) Results of a test or a series of tests of the juvenile to determine the presence
11of HIV, as defined in s. 968.38 (1) (b), antigen or nonantigenic products of HIV, or an
12antibody to HIV, as provided under s. 252.15 (5) (a) 19., including results included
13in a court report or permanency plan. At the time that the test results are provided,
14the agency shall notify the foster parent, treatment foster parent or operator of the
15group home, child caring institution or secured correctional facility of the
16confidentiality requirements under s. 252.15 (6).
SB146,114,2117
(b) Results of any tests of the juvenile to determine the presence of viral
18hepatitis, type B, including results included in a court report or permanency plan.
19The foster parent, treatment foster parent or operator of a group home, child caring
20institution or secured correctional facility receiving information under this
21paragraph shall keep the information confidential.
SB146,114,2522
(c) Any other medical information concerning the juvenile that is necessary for
23the care of the juvenile. The foster parent, treatment foster parent or operator of a
24group home, child caring institution or secured correctional facility receiving
25information under this paragraph shall keep the information confidential.
Note: The numbering of this subsection was incorrectly printed in the 1997-98
Wisconsin Statutes.
SB146,115,203
938.396
(1) Law enforcement officers' records of juveniles shall be kept
4separate from records of adults. Law enforcement officers' records of juveniles shall
5not be open to inspection or their contents disclosed except under sub. (1b), (1d), (1g),
6(1m), (1r), (1t)
or, (1x) or (5) or s. 938.293 or by order of the court. This subsection does
7not apply to representatives of the news media who wish to obtain information for
8the purpose of reporting news without revealing the identity of the juvenile involved,
9to the confidential exchange of information between the police and officials of the
10school attended by the juvenile or other law enforcement or social welfare agencies
11or to juveniles 10 years of age or older who are subject to the jurisdiction of the court
12of criminal jurisdiction. A public school official who obtains information under this
13subsection shall keep the information confidential as required under s. 118.125 and
14a private school official who obtains information under this subsection shall keep the
15information confidential in the same manner as is required of a public school official
16under s. 118.125. A law enforcement agency that obtains information under this
17subsection shall keep the information confidential as required under this subsection
18and s. 48.396 (1). A social welfare agency that obtains information under this
19subsection shall keep the information confidential as required under ss. 48.78 and
20938.78.
Note: There is no conflict of substance.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
1997 Wis. Act
80 also created a provision numbered s. 938.396 (2) (g).
SB146, s. 377
3Section
377. 938.396 (2) (i) of the statutes is amended to read:
SB146,116,134
938.396
(2) (i) Upon request of the court assigned to exercise probate
5jurisdiction, the attorney general, the personal representative or special
6administrator of, or an attorney performing services for, the estate of a decedent in
7any proceeding under chs. 851 to 879, a person interested,
a as defined in s. 851.21,
8or an attorney, attorney-in-fact, guardian ad litem or guardian of the estate of a
9person interested to review court records for the purpose of s.
852.01 (2m) (bg) 854.14
10(5) (b), the court assigned to exercise jurisdiction under this chapter and ch. 48 shall
11open for inspection by any authorized representative of the requester the records of
12the court relating to any juvenile who has been adjudged delinquent on the basis of
13unlawfully and intentionally killing a person.
Note: Section 852.01 (2m) was repealed and recreated by
1997 Wis. Act 188. It no
longer contains par. (bg). The subject matter of the former s. 852.01 (2m) (bg) relating
to the heirship of a juvenile adjudicated delinquent for intentionally killing a person is
now located at s. 854.14 (5) (b), as created by
1997 Wis. Act 188.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
SB146,117,65
938.51
(1) (c) (intro.) Subject to par. (cm), notify
an adult relative of the victim
6of the juvenile's release if all of the following apply:
SB146,117,169
938.51
(1m) The department or county department having supervision over a
10juvenile described in sub. (1) shall determine the local agencies that it will notify
11under sub. (1) (a) based on the residence of the juvenile's parents or on the juvenile's
12intended residence specified in the juvenile's aftercare supervision plan or, if those
13methods do not indicate the community in which the juvenile will reside following
14release from a secured correctional facility
or, from a secured child caring institution
15or from the supervision of the department or county department, the community in
16which the juvenile states that he or she intends to reside.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
SB146,118,63
938.51
(4) (a) Any known victim of the act for which the juvenile was found
4delinquent or to be in need of protection or services, if the criteria under sub. (1) (b)
5are met
; an adult relative of the victim
, if the criteria under sub. (1) (c)
are met; or
6the victim's parent or guardian, if the criteria under sub. (1) (cm)
are met.
Note: There is no conflict of substance. Section 939.62 (2m) (a) 2. was renumbered
to be s. 939.62 (2m) (a) 2m. b. by
1997 Wis. Act 326.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
SB146, s. 390
15Section
390. 940.25 (1b) of the statutes is amended to read:
SB146,118,1916
940.25
(1b) If there was a minor passenger under 16 years of age
or an unborn
17child in the motor vehicle at the time of the violation that gave rise to the conviction
18under sub. (1), any applicable maximum fine or imprisonment specified for the
19conviction is doubled.
Note: The underscored language was inadvertently not included in the printed
1997-98 Wisconsin Statutes.
Note: There is no conflict of substance.
SB146,119,95
940.25
(2) The defendant has a defense if he or she proves by a preponderance
6of the evidence that the great bodily harm would have occurred even if he or she had
7been exercising due care and he or she had not been under the influence of an
8intoxicant or did not have an alcohol concentration described under sub. (1)
, or (b), 9(bm), (d) or (e).
Note: The treatment by
1997 Wis. Act 295 resulted in incorrect cross-references.
Drafting records indicate that the underscored "(b)" was inadvertently stricken and that
the stricken "or" was actually intended for striking.
Note: There is no conflict of substance.
SB146, s. 394
12Section
394. 941.31 (2) (c) of the statutes is amended to read:
SB146,119,1713
941.31
(2) (c) This subsection does not apply to the transportation, possession,
14use or transfer of any improvised explosive
devise
device by any armed forces or
15national guard personnel or to any peace officer in the line of duty or as part of a
16duty-related function or exercise. The restriction on transportation in this
17subsection does not apply to common carriers.
Note: Corrects spelling error. The change has been made in the printed volumes.
SB146,119,2120
950.02
(1m) "Crime" means an act committed in this state which, if committed
21by a competent adult, would constitute a crime, as defined in s. 939.12.
juvenile
SB146,120,63
950.04
(2w) (g) To be provided with appropriate
employer intercession services
4to ensure that employers of witnesses will cooperate with the criminal justice process
5and the juvenile justice process in order to minimize an employe's loss of pay and
6other benefits resulting from court appearances.
Note: 1997 Wis. Act 181 deleted "employer" without showing it as stricken. The
change was intended.