SB146: Bill Text

SB146, s. 368 Section 368. The treatment of 938.343 (4) of the statutes by 1997 Wisconsin Act 183 is not repealed by 1997 Wisconsin Act 205. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 369 Section 369. The treatment of 938.343 (7) of the statutes by 1997 Wisconsin Act 197 is not repealed by 1997 Wisconsin Act 248. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 370 Section 370. 938.35 (1) (d) of the statutes is amended to read:

SB146,113,6 938.35 (1) (d) The fact that a juvenile has been adjudged delinquent on the basis of unlawfully and intentionally killing a person is admissible for the purpose of 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Note: Section 852.01 (2m) was repealed and recreated by 1997 Wis.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 Section 371. 938.355 (2d) (b) 3. of the statutes is amended to read:

SB146,113,15 938.355 (2d) (b) 3. That the parent has committed a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) if committed in this state, and that the violation resulted in great bodily harm, as defined in s. 938.22 939.22 (14), or in substantial bodily harm, as defined in s. 938.22 939.22 (38), to the juvenile or another child of the parent.

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).

SB146, s. 372 Section 372. The treatment of 938.355 (6m) (a) (intro.) of the statutes by 1997 Wisconsin Act 239 is not repealed by 1997 Wisconsin Act 252. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 373 Section 373. 938.371 (1) of the statutes is reenacted to read:

SB146,114,9 938.371 (1) If a juvenile is placed in a foster home, treatment foster home, group home, child caring institution or secured correctional facility, including a placement under s. 938.205 or 938.21, the agency, as defined in s. 938.38 (1) (a), that placed the juvenile or arranged for the placement of the juvenile shall provide the following information to the foster parent, treatment foster parent or operator of the group home, child caring institution or secured correctional facility at the time of placement or, if the information has not been provided to the agency by that time, as soon as possible after the date on which the agency receives that information, but not more than 2 working days after that date:

SB146,114,16 (a) Results of a test or a series of tests of the juvenile to determine the presence of HIV, as defined in s. 968.38 (1) (b), antigen or nonantigenic products of HIV, or an antibody to HIV, as provided under s. 252.15 (5) (a) 19., including results included in a court report or permanency plan. At the time that the test results are provided, the agency shall notify the foster parent, treatment foster parent or operator of the group home, child caring institution or secured correctional facility of the confidentiality requirements under s. 252.15 (6).

SB146,114,21 (b) Results of any tests of the juvenile to determine the presence of viral hepatitis, type B, including results included in a court report or permanency plan. The foster parent, treatment foster parent or operator of a group home, child caring institution or secured correctional facility receiving information under this paragraph shall keep the information confidential.

SB146,114,25 (c) Any other medical information concerning the juvenile that is necessary for the care of the juvenile. The foster parent, treatment foster parent or operator of a group home, child caring institution or secured correctional facility receiving information under this paragraph shall keep the information confidential.

Note: The numbering of this subsection was incorrectly printed in the 1997-98 Wisconsin Statutes.

SB146, s. 374 Section 374. 938.396 (1) of the statutes, as affected by 1997 Wisconsin Acts 80 and 205, is amended to read:

SB146,115,20 938.396 (1) Law enforcement officers' records of juveniles shall be kept separate from records of adults. Law enforcement officers' records of juveniles shall not be open to inspection or their contents disclosed except under sub. (1b), (1d), (1g), (1m), (1r), (1t) or, (1x) or (5) or s. 938.293 or by order of the court. This subsection does not apply to representatives of the news media who wish to obtain information for the purpose of reporting news without revealing the identity of the juvenile involved, to the confidential exchange of information between the police and officials of the school attended by the juvenile or other law enforcement or social welfare agencies or to juveniles 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction. A public school official who obtains information under this subsection shall keep the information confidential as required under s. 118.125 and a private school official who obtains information under this subsection shall keep the information confidential in the same manner as is required of a public school official under s. 118.125. A law enforcement agency that obtains information under this subsection shall keep the information confidential as required under this subsection and s. 48.396 (1). A social welfare agency that obtains information under this subsection shall keep the information confidential as required under ss. 48.78 and 938.78.

Note: Reconciles the treatments of this provision by 1997 Wis. Acts 183 and 205.

SB146, s. 375 Section 375. The treatment of 938.396 (1t) of the statutes by 1997 Wisconsin Act 35 is not repealed by 1997 Wisconsin Act 181. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 376 Section 376. 938.396 (2) (g) of the statutes, as created by 1997 Wisconsin Act 205, is renumbered 938.396 (2) (gm).

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 Section 377. 938.396 (2) (i) of the statutes is amended to read:

SB146,116,13 938.396 (2) (i) Upon request of the court assigned to exercise probate jurisdiction, the attorney general, the personal representative or special administrator of, or an attorney performing services for, the estate of a decedent in any proceeding under chs. 851 to 879, a person interested, a as defined in s. 851.21, or an attorney, attorney-in-fact, guardian ad litem or guardian of the estate of a person interested to review court records for the purpose of s. 852.01 (2m) (bg) 854.14 (5) (b), the court assigned to exercise jurisdiction under this chapter and ch. 48 shall open for inspection by any authorized representative of the requester the records of the court relating to any juvenile who has been adjudged delinquent on the basis of unlawfully 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.

SB146, s. 378 Section 378. The treatment of 938.396 (7) (a) of the statutes by 1997 Wisconsin Act 95 is not repealed by 1997 Wisconsin Act 205. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 379 Section 379. The treatment of 938.396 (7) (bm) of the statutes by 1997 Wisconsin Act 95 is not repealed by 1997 Wisconsin Act 205. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 380 Section 380. The treatment of 938.396 (7) (c) of the statutes by 1997 Wisconsin Act 95 is not repealed by 1997 Wisconsin Act 205. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 381 Section 381. The treatment of 938.51 (1) (intro.) of the statutes by 1997 Wisconsin Act 181 is not repealed by 1997 Wisconsin Act 207. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 382 Section 382. 938.51 (1) (c) (intro.) of the statutes, as affected by 1997 Wisconsin Acts 181 and 207, is amended to read:

SB146,117,6 938.51 (1) (c) (intro.) Subject to par. (cm), notify an adult relative of the victim of the juvenile's release if all of the following apply:

Note: The underscored language was deleted by 1997 Wis. Act 181, but must be reinserted to give effect to the treatment of this provision by 1997 Wis. Act 207.

SB146, s. 383 Section 383. 938.51 (1m) of the statutes, as affected by 1997 Wisconsin Acts 181 and 207, is amended to read:

SB146,117,16 938.51 (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 from the supervision of the department or county department, the community in which the juvenile states that he or she intends to reside.

Note: The stricken "or" was inserted by 1997 Wis. Act 207, but rendered surplusage by the treatment of this provision by 1997 Wis. Act 181.

SB146, s. 384 Section 384. The treatment of 938.51 (2) of the statutes by 1997 Wisconsin Act 181 is not repealed by 1997 Wisconsin Act 207. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 385 Section 385. The treatment of 938.51 (4) (intro.) of the statutes by 1997 Wisconsin Act 181 is not repealed by 1997 Wisconsin Act 207. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 386 Section 386. 938.51 (4) (a) of the statutes, as affected by 1997 Wisconsin Acts 181 and 207, is amended to read:

SB146,118,6 938.51 (4) (a) Any known victim of the act for which the juvenile was found delinquent or to be in need of protection or services, if the criteria under sub. (1) (b) are met; an adult relative of the victim, if the criteria under sub. (1) (c) are met; or the victim's parent or guardian, if the criteria under sub. (1) (cm) are met.

Note: The underscored language was deleted by 1997 Wis. Act 181, but must be reinserted to give effect to the treatment of this provision by 1997 Wis. Act 207.

SB146, s. 387 Section 387. The treatment of 939.62 (2m) (a) 2m. b. of the statutes, as renumbered, by 1997 Wisconsin Act 219, section 1r, is not repealed by 1997 Wisconsin Act 295, section 11. Both treatments stand.

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.

SB146, s. 388 Section 388. The treatment of 939.62 (2m) (c) of the statutes, as renumbered, by 1997 Wisconsin Act 283, section 327, is not repealed by 1997 Wisconsin Act 326, section 9. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 389 Section 389. The treatment of 940.09 (1d) of the statutes by 1997 Wisconsin Act 237 is not repealed by 1997 Wisconsin Act 295. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 390 Section 390. 940.25 (1b) of the statutes is amended to read:

SB146,118,19 940.25 (1b) If there was a minor passenger under 16 years of age or an unborn child in the motor vehicle at the time of the violation that gave rise to the conviction under sub. (1), any applicable maximum fine or imprisonment specified for the conviction is doubled.

Note: The underscored language was inadvertently not included in the printed 1997-98 Wisconsin Statutes.

SB146, s. 391 Section 391. The treatment of 940.25 (1d) of the statutes by 1997 Wisconsin Act 237 is not repealed by 1997 Wisconsin Act 295. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 392 Section 392. 940.25 (2) of the statutes, as affected by 1997 Wisconsin Act 295, is amended to read:

SB146,119,9 940.25 (2) The defendant has a defense if he or she proves by a preponderance of the evidence that the great bodily harm would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant or did not have an alcohol concentration described under sub. (1), or (b), (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.

SB146, s. 393 Section 393. The treatment of 941.20 (3) (b) 2. of the statutes by 1997 Wisconsin Act 248 is not repealed by 1997 Wisconsin Act 249. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 394 Section 394. 941.31 (2) (c) of the statutes is amended to read:

SB146,119,17 941.31 (2) (c) This subsection does not apply to the transportation, possession, use or transfer of any improvised explosive devise device by any armed forces or national guard personnel or to any peace officer in the line of duty or as part of a duty-related function or exercise. The restriction on transportation in this subsection does not apply to common carriers.

Note: Corrects spelling error. The change has been made in the printed volumes.

SB146, s. 395 Section 395. 950.02 (1m) of the statutes, as affected by 1997 Wisconsin Acts 35 and 181, is amended to read:

SB146,119,21 950.02 (1m) "Crime" means an act committed in this state which, if committed by a competent adult, would constitute a crime, as defined in s. 939.12. juvenile

Note: The stricken language was inserted by 1997 Wis. Act 35, but rendered surplusage by the treatment of this provision by 1997 Wis. Act 181.

SB146, s. 396 Section 396. 950.04 (2w) (g) of the statutes, as affected by 1997 Wisconsin Act 181, is amended to read:

SB146,120,6 950.04 (2w) (g) To be provided with appropriate employer intercession services to ensure that employers of witnesses will cooperate with the criminal justice process and the juvenile justice process in order to minimize an employe's loss of pay and other benefits resulting from court appearances.

Note: 1997 Wis. Act 181 deleted "employer" without showing it as stricken. The change was intended.

SB146, s. 397 Section 397. 961.41 (3g) (a) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB146,120,15 961.41 (3g) (a) 1. Except as provided in subd. 2., if the person possesses a controlled substance included in schedule I or II which is a narcotic drug, or possesses a controlled substance analog of a controlled substance included in schedule I or II which is a narcotic drug, the person may, upon a first conviction, be fined not more than $5,000 or imprisoned for not more than 2 years or both, and, for a 2nd or subsequent offense, the person may be fined not more than $10,000 or imprisoned for not more than 3 years or both.

Note: The underscored text was inadvertently deleted by 1997 Wis. Act 283.

SB146, s. 398 Section 398. The treatment of 961.49 (2) (a) of the statutes by 1997 Wisconsin Act 283 is not repealed by 1997 Wisconsin Act 327. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 399 Section 399. 969.08 (1) of the statutes is amended to read:

SB146,121,13 969.08 (1) Upon petition by the state or the defendant, the court before which the action is pending may increase or reduce the amount of bail or may alter other conditions of release or the bail bond or grant bail if it has been previously revoked. Except as provided in sub. (5), a defendant for whom conditions of release are imposed and who after 72 hours from the time of initial appearance before a judge continues to be detained in custody as a result of the defendant's inability to meet the conditions of release, upon application, is entitled to have the conditions reviewed by the judge of the court before whom the action against the defendant is pending. s Unless the conditions of release are amended and the defendant is thereupon released, the judge shall set forth on the record the reasons for requiring the continuation of the conditions imposed. A defendant who is ordered released on a condition which requires that he or she return to custody after specified hours, upon application, is entitled to a review by the judge of the court before whom the action is pending. Unless the requirement is removed and the defendant thereupon released on another condition, the judge shall set forth on the record the reasons for continuing the requirement.

Note: The underscored text was inadvertently deleted from the printed volumes of the 1997-98 Wisconsin Statutes.

SB146, s. 400 Section 400. The treatments of 969.08 (10) (b) of the statutes by 1997 Wisconsin Acts 143 and 180 are not repealed by 1997 Wisconsin Act 295. All treatments stand.

Note: There is no conflict of substance.

SB146, s. 401 Section 401. The treatments of 972.13 (6) of the statutes by 1997 Wisconsin Acts 250 and 275 are not repealed by 1997 Wisconsin Act 283. All treatments stand.

Note: There is no conflict of substance.

SB146, s. 402 Section 402. The treatment of 972.14 (2) of the statutes by 1997 Wisconsin Act 73 is not repealed by 1997 Wisconsin Act 205. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 403 Section 403. The treatment of 972.15 (2s) of the statutes by 1997 Wisconsin Act 73 is not repealed by 1997 Wisconsin Act 205. Both treatments stand.