Amendment JR2 CA1-ASA1-AB1

AB1-ASA1-CA1, s. 533ep Section 533ep. 938.38 (5) (a) of the statutes, as affected by 2001 Wisconsin Act 69, is amended to read:

AB1-ASA1-CA1,380,17 938.38 (5) (a) Except as provided in s. 48.63 (5) (d), the court or a panel appointed under this paragraph par. (ag) shall review the permanency plan every in the manner provided in this subsection not later than 6 months from after the date on which the juvenile was first held in physical custody or placed outside of removed from his or her home and every 12 months after a previous review under this subsection for as long as the juvenile is placed outside the home, except that for the review that is required to be conducted not later than 12 months after the juvenile was first removed from his or her home and the reviews that are required to be conducted every 12 months after that review the court shall hold a hearing under sub. (5m) to review the permanency plan, which hearing may be instead of or in addition to the review under this subsection.

AB1-ASA1-CA1,380,25 (ag) If the court elects not to review the permanency plan, the court shall appoint a panel to review the permanency plan. The panel shall consist of 3 persons who are either designated by an independent agency that has been approved by the chief judge of the judicial administrative district or designated by the agency that prepared the permanency plan. A voting majority of persons on each panel shall be persons who are not employed by the agency that prepared the permanency plan and who are not responsible for providing services to the juvenile or the parents of the juvenile whose permanency plan is the subject of the review.

AB1-ASA1-CA1, s. 533er Section 533er. 938.38 (5) (b) of the statutes is amended to read:

AB1-ASA1-CA1,381,15 938.38 (5) (b) The court or the agency shall notify the parents of the juvenile, the juvenile, if he or she is 10 years of age or older, and the juvenile's foster parent, the juvenile's treatment foster parent or, the operator of the facility in which the juvenile is living, or the relative with whom the juvenile is living of the date, time, and place of the review, of the issues to be determined as part of the review, and of the fact that they may have an opportunity to be heard at the review by submitting written comments not less than 10 working days before the review or by participating at the review. The court or agency shall notify the person representing the interests of the public, the juvenile's counsel, and the juvenile's guardian ad litem of the date of the review, of the issues to be determined as part of the review, and of the fact that they may submit written comments not less than 10 working days before the review. The notices under this paragraph shall be provided in writing not less than 30 days before the review and copies of the notices shall be filed in the juvenile's case record.

AB1-ASA1-CA1, s. 533et Section 533et. 938.38 (5) (c) 6. (intro.) of the statutes is amended to read:

AB1-ASA1-CA1,381,22 938.38 (5) (c) 6. (intro.) If the juvenile has been placed outside of his or her home, as described in s. 938.365 (1), for 15 of the most recent 22 months, not including any period during which the juvenile was a runaway from the out-of-home placement or the first 6 months of any period during which the juvenile was returned to his or her home for a trial home visit, the appropriateness of the permanency plan and the circumstances which prevent the juvenile from any of the following:

AB1-ASA1-CA1, s. 533ev Section 533ev. 938.38 (5) (c) 6. am. of the statutes is renumbered 938.38 (5) (c) 6. cm. and amended to read:

AB1-ASA1-CA1,382,2 938.38 (5) (c) 6. cm. Being placed in the home of a fit and willing relative of the juvenile.

AB1-ASA1-CA1, s. 533ex Section 533ex. 938.38 (5) (c) 6. cg. of the statutes is created to read:

AB1-ASA1-CA1,382,4 938.38 (5) (c) 6. cg. Being placed with a guardian.

AB1-ASA1-CA1, s. 533ez Section 533ez. 938.38 (5) (c) 6. d. of the statutes is amended to read:

AB1-ASA1-CA1,382,7 938.38 (5) (c) 6. d. Being placed in some other alternative permanent placement, including sustaining care, independent living, or long-term foster care.

AB1-ASA1-CA1, s. 533f Section 533f. 938.38 (5) (c) 7. of the statutes is amended to read:

AB1-ASA1-CA1,382,15 938.38 (5) (c) 7. Whether reasonable efforts were made by the agency to make it possible for the juvenile to return safely to his or her home, except that the court or panel need not determine whether those reasonable efforts were made with respect to a parent of the juvenile if any of the circumstances specified in s. 938.355 (2d) (b) 1., 2., 3. or 4. apply to that parent achieve the goal of the permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies.

AB1-ASA1-CA1, s. 533fb Section 533fb. 938.38 (5m) of the statutes is created to read:

AB1-ASA1-CA1,382,21 938.38 (5m) Permanency plan hearing. (a) The court shall hold a hearing to review the permanency plan and to make the determinations specified in sub. (5) (c) no later than 12 months after the date on which the juvenile was first removed from the home and every 12 months after a previous hearing under this subsection for as long as the juvenile is placed outside the home.

AB1-ASA1-CA1,383,3 (b) Not less than 30 days before the date of the hearing, the court shall notify the juvenile; the juvenile's parent, guardian, and legal custodian; the juvenile's foster parent or treatment foster parent, the operator of the facility in which the juvenile is living, the juvenile's counsel, and the juvenile's guardian ad litem; or the relative with whom the juvenile is living; the agency that prepared the permanency plan; and the person representing the interests of the public of the date, time, and place of the hearing.

AB1-ASA1-CA1,383,12 (c) Any person who is provided notice of the hearing may have an opportunity to be heard at the hearing by submitting written comments relevant to the determinations specified in sub. (5) (c) not less than 10 working days before the date of the hearing or by participating at the hearing. A foster parent, treatment foster parent, operator of a facility in which a juvenile is living, or relative with whom a juvenile is living who receives notice of a hearing under par. (b) and an opportunity to be heard under this paragraph does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.

AB1-ASA1-CA1,383,22 (d) At least 5 days before the date of the hearing the agency that prepared the permanency plan shall provide a copy of the permanency plan and any written comments submitted under par. (c) to the court, to the juvenile's parent, guardian, and legal custodian, to the person representing the interests of the public, and to the juvenile's counsel or guardian ad litem. Notwithstanding s. 938.78 (2) (a), the person representing the interests of the public and the juvenile's counsel or guardian ad litem may have access to any other records concerning the juvenile for the purpose of participating in the review. A person permitted access to a juvenile's records under this paragraph may not disclose any information from the records to any other person.

AB1-ASA1-CA1,384,12 (e) After the hearing, the court shall make written findings of fact and conclusions of law relating to the determinations under sub. (5) (c) and shall provide a copy of those findings of fact and conclusions of law to the juvenile; the juvenile's parent, guardian, and legal custodian; the juvenile's foster parent or treatment foster parent, the operator of the facility in which the juvenile is living, or the relative with whom the juvenile is living; the agency that prepared the permanency plan; and the person representing the interests of the public. The court shall make the findings specified in sub. (5) (c) 7. on a case-by-case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which those findings are based in the findings of fact and conclusions of law prepared under this paragraph. Findings of fact and conclusions of law that merely reference sub. (5) (c) 7. without documenting or referencing that specific information in the findings of fact and conclusions of law or amended findings of fact and conclusions of law that retroactively correct earlier findings of fact and conclusions of law that do not comply with this paragraph are not sufficient to comply with this paragraph.

AB1-ASA1-CA1,384,16 (f) If the findings of fact and conclusions of law under par. (e) conflict with the juvenile's dispositional order or provide for any additional services not specified in the dispositional order, the court shall revise the dispositional order under s. 938.363 or order a change in placement under s. 938.357, as appropriate.

AB1-ASA1-CA1, s. 533fd Section 533fd. 938.78 (2) (a) of the statutes is amended to read:

AB1-ASA1-CA1,384,21 938.78 (2) (a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual in its care or legal custody, except as provided under sub. (3) or s. 938.371, 938.38 (5) (b) or (d) or (5m) (d), or 938.51 or by order of the court.".

AB1-ASA1-CA1,384,22 440. Page 228, line 3: after that line insert:

AB1-ASA1-CA1,384,23 " Section 535m. 939.24 (2) of the statutes is amended to read:

AB1-ASA1-CA1,385,3 939.24 (2) Except as provided in ss. 940.285, 940.29 and, 940.295, and 943.76, if criminal recklessness is an element of a crime in chs. 939 to 951, the recklessness is indicated by the term "reckless" or "recklessly".".

AB1-ASA1-CA1,385,4 441. Page 232, line 6: after that line insert:

AB1-ASA1-CA1,385,5 " Section 559v. 939.615 (1) (b) 1. of the statutes is amended to read:

AB1-ASA1-CA1,385,9 939.615 (1) (b) 1. A violation, or the solicitation, conspiracy, or attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2), or (3), 948.02 (1) or (2), 948.025 (1), 948.05 (1) or (1m), 948.055 (1), 948.06, 948.07, 948.075, 948.08, 948.11 (2) (a), 948.12, or 948.13.".

AB1-ASA1-CA1,385,10 442. Page 233, line 3: delete lines 3 to 9 and substitute:

AB1-ASA1-CA1,385,11 " Section 566d. 939.62 (2m) (a) 2m. b. of the statutes is amended to read:

AB1-ASA1-CA1,385,16 939.62 (2m) (a) 2m. b. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09 (1), 940.16, 940.19 (5), 940.195 (5), 940.21, 940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m), or (1r), 943.32 (2), 946.43 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.075, 948.08, 948.30 (2), 948.35 (1) (b) or (c), or 948.36.

AB1-ASA1-CA1, s. 566f Section 566f. 939.62 (2m) (a) 2m. b. of the statutes, as affected by 2001 Wisconsin .... (this act), is amended to read:

AB1-ASA1-CA1,385,24 939.62 (2m) (a) 2m. b. Any felony under s. 940.09 (1), 1999 stats., s. 943.23 (1m) or (1r), 1999 stats., s. 948.35 (1) (b) or (c), 1999 stats., or s. 948.36, 1999 stats., or s. 940.01, 940.02, 940.03, 940.05, 940.09 (1) (1c), 940.16, 940.19 (5), 940.195 (5), 940.21, 940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m), or (1r), 943.32 (2), 946.43 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.075, 948.08, or 948.30 (2), 948.35 (1) (b) or (c), or 948.36.".

AB1-ASA1-CA1,386,1 443. Page 235, line 25: after that line insert:

AB1-ASA1-CA1,386,3 " Section 582p. 939.74 (2) (c) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-CA1,386,7 939.74 (2) (c) A prosecution for violation of s. 948.02, 948.025, 948.03 (2) (a), 948.05, 948.06, 948.07 (1), (2), (3), or (4), 948.075, 948.08, or 948.095 shall be commenced before the victim reaches the age of 31 years or be barred, except as provided in sub. (2d) (c).".

AB1-ASA1-CA1,386,8 444. Page 248, line 19: after that line insert:

AB1-ASA1-CA1,386,10 " Section 657b. 940.32 (1) (a) of the statutes is renumbered 940.32 (1) (a) (intro.) and amended to read:

AB1-ASA1-CA1,386,14 940.32 (1) (a) (intro.) "Course of conduct" means repeatedly maintaining a visual or physical proximity to a person. a series of 2 or more acts carried out over time, however short or long, that show a continuity of purpose, including any of the following:

AB1-ASA1-CA1, s. 657c Section 657c. 940.32 (1) (a) 1. of the statutes is created to read:

AB1-ASA1-CA1,386,16 940.32 (1) (a) 1. Maintaining a visual or physical proximity to the victim.

AB1-ASA1-CA1, s. 657d Section 657d. 940.32 (1) (a) 2. of the statutes is created to read:

AB1-ASA1-CA1,386,18 940.32 (1) (a) 2. Approaching or confronting the victim.

AB1-ASA1-CA1, s. 657e Section 657e. 940.32 (1) (a) 3. of the statutes is created to read:

AB1-ASA1-CA1,386,21 940.32 (1) (a) 3. Appearing at the victim's workplace or contacting the victim's employer or coworkers.

AB1-ASA1-CA1, s. 657f Section 657f. 940.32 (1) (a) 4. of the statutes is created to read:

AB1-ASA1-CA1,386,24 940.32 (1) (a) 4. Appearing at the victim's home or contacting the victim's neighbors.

AB1-ASA1-CA1, s. 657g Section 657g. 940.32 (1) (a) 5. of the statutes is created to read:

AB1-ASA1-CA1,387,2 940.32 (1) (a) 5. Entering property owned, leased, or occupied by the victim.

AB1-ASA1-CA1, s. 657h Section 657h. 940.32 (1) (a) 6. of the statutes is created to read:

AB1-ASA1-CA1,387,6 940.32 (1) (a) 6. Contacting the victim by telephone or causing the victim's telephone or any other person's telephone to ring repeatedly or continuously, regardless of whether a conversation ensues.

AB1-ASA1-CA1, s. 657i Section 657i. 940.32 (1) (a) 7. of the statutes is created to read:

AB1-ASA1-CA1,387,11 940.32 (1) (a) 7. Sending material by any means to the victim or, for the purpose of obtaining information about, disseminating information about, or communicating with the victim, to a member of the victim's family or household or an employer, coworker, or friend of the victim.

AB1-ASA1-CA1, s. 657j Section 657j. 940.32 (1) (a) 8. of the statutes is created to read:

AB1-ASA1-CA1,387,14 940.32 (1) (a) 8. Placing an object on or delivering an object to property owned, leased, or occupied by the victim.

AB1-ASA1-CA1, s. 657k Section 657k. 940.32 (1) (a) 9. of the statutes is created to read:

AB1-ASA1-CA1,387,19 940.32 (1) (a) 9. Delivering an object to a member of the victim's family or household or an employer, coworker, or friend of the victim or placing an object on, or delivering an object to, property owned, leased, or occupied by such a person with the intent that the object be delivered to the victim.

AB1-ASA1-CA1, s. 657m Section 657m. 940.32 (1) (a) 10. of the statutes is created to read:

AB1-ASA1-CA1,387,22 940.32 (1) (a) 10. Causing a person to engage in any of the acts described in subds. 7. to 9.

AB1-ASA1-CA1, s. 657n Section 657n. 940.32 (1) (am) of the statutes is created to read:

AB1-ASA1-CA1,387,24 940.32 (1) (am) "Domestic abuse" has the meaning given in s. 813.12 (1) (am).

AB1-ASA1-CA1, s. 657no Section 657no. 940.32 (1) (ap) of the statutes is created to read:

AB1-ASA1-CA1,388,2 940.32 (1) (ap) "Domestic abuse offense" means an act of domestic abuse that constitutes a crime.

AB1-ASA1-CA1, s. 657p Section 657p. 940.32 (1) (b) of the statutes is renumbered 940.32 (1) (cb) and amended to read:

AB1-ASA1-CA1,388,8 940.32 (1) (cb) "Immediate family" "Member of a family" means a spouse, parent, child, sibling, or any other person who regularly resides in the household or who within the prior 6 months regularly resided in the household who is related by blood or adoption to another.

AB1-ASA1-CA1, s. 657q Section 657q. 940.32 (1) (cd) of the statutes is created to read:

AB1-ASA1-CA1,388,12 940.32 (1) (cd) "Member of a household" means a person who regularly resides in the household of another or who within the previous 6 months regularly resided in the household of another.

AB1-ASA1-CA1, s. 657r Section 657r. 940.32 (1) (d) of the statutes is repealed.

AB1-ASA1-CA1, s. 657s Section 657s. 940.32 (2) (intro.) of the statutes is amended to read:

AB1-ASA1-CA1,388,16 940.32 (2) (intro.) Whoever meets all of the following criteria is guilty of a Class A misdemeanor E felony:".

AB1-ASA1-CA1,388,17 445. Page 248, line 20: delete lines 20 to 22 and substitute:

AB1-ASA1-CA1,388,19 " Section 658b. 940.32 (2) (intro.) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

AB1-ASA1-CA1,388,21 940.32 (2) (intro.) Whoever meets all of the following criteria is guilty of a Class E I felony:

AB1-ASA1-CA1, s. 658c Section 658c. 940.32 (2) (a) of the statutes is amended to read:

AB1-ASA1-CA1,389,3 940.32 (2) (a) The actor intentionally engages in a course of conduct directed at a specific person that would cause a reasonable person under the same circumstances to fear bodily injury to himself or herself or a member of his or her immediate family or to fear the death of himself or herself or a member of his or her immediate family or household.

AB1-ASA1-CA1, s. 658d Section 658d. 940.32 (2) (b) of the statutes is amended to read:

AB1-ASA1-CA1,389,9 940.32 (2) (b) The actor has knowledge or should have knowledge intends that at least one of the acts that constitute the course of conduct will place the specific person will be placed in reasonable fear of bodily injury to himself or herself or a member of his or her immediate family or will be placed in reasonable fear of the death of himself or herself or a member of his or her immediate family or household.

AB1-ASA1-CA1, s. 658e Section 658e. 940.32 (2) (c) of the statutes is amended to read:

AB1-ASA1-CA1,389,14 940.32 (2) (c) The actor's acts induce fear in the specific person of bodily injury to himself or herself or a member of his or her immediate family or induce fear in the specific person of the death of himself or herself or a member of his or her immediate family or household.

AB1-ASA1-CA1, s. 658f Section 658f. 940.32 (2e) of the statutes is created to read:

AB1-ASA1-CA1,389,17 940.32 (2e) Whoever meets all of the following criteria is guilty of a Class E felony:

AB1-ASA1-CA1,389,21 (a) After having been convicted of sexual assault under s. 940.225, 948.02, or 948.025 or a domestic abuse offense, the actor engages in any of the acts listed in sub. (1) (a) 1. to 10., if the act is directed at the victim of the sexual assault or the domestic abuse offense.

AB1-ASA1-CA1,389,24 (b) The actor intends that the act will place the specific person in reasonable fear of bodily injury to or the death of himself or herself or a member of his or her family or household.

AB1-ASA1-CA1,390,2 (c) The actor's act induces fear in the specific person of bodily injury to or the death of himself or herself or a member of his or her family or household.

AB1-ASA1-CA1, s. 658g Section 658g. 940.32 (2e) (intro.) of the statutes, as created by 2001 Wisconsin Act .... (this act), is amended to read:

AB1-ASA1-CA1,390,6 940.32 (2e) (intro.) Whoever meets all of the following criteria is guilty of a Class E I felony:

AB1-ASA1-CA1, s. 658h Section 658h. 940.32 (2m) of the statutes is renumbered 940.32 (2m) (intro.) and amended to read: