Amendment SA2-SSA1-SB55

SB55-SSA1-SA2,618,11 938.293 (2) All records relating to a juvenile which are relevant to the subject matter of a proceeding under this chapter shall be open to inspection by a guardian ad litem or counsel for any party, upon demand and upon presentation of releases where necessary, at least 48 hours before the proceeding. Persons entitled to inspect the records may obtain copies of the records with the permission of the custodian of the records or with the permission of the court. The court may instruct counsel not to disclose specified items in the materials to the juvenile or the parent if the court reasonably believes that the disclosure would be harmful to the interests of the juvenile. Sections Section 971.23 and 972.11 (5) shall be applicable in all delinquency proceedings under this chapter, except that the court shall establish the timetable for the disclosures required under ss. s. 971.23 (1), (2m) and, (8), and 972.11 (5) (9).

SB55-SSA1-SA2, s. 3889r Section 3889r. 938.299 (4) (a) of the statutes is amended to read:

SB55-SSA1-SA2,618,15 938.299 (4) (a) Chapters 901 to 911 govern the presentation of evidence at the fact-finding hearing under s. 938.31. Section 972.11 (5) applies at fact-finding proceedings in all delinquency proceedings under this chapter.".

SB55-SSA1-SA2,618,16 1326. Page 1223, line 7: after that line insert:

SB55-SSA1-SA2,618,17 " Section 3890e. 938.32 (1) (a) of the statutes is amended to read:

SB55-SSA1-SA2,619,5 938.32 (1) (a) At any time after the filing of a petition for a proceeding relating to s. 938.12 or 938.13 and before the entry of judgment, the judge or juvenile court commissioner may suspend the proceedings and place the juvenile under supervision in the juvenile's own home or present placement. The court may establish terms and conditions applicable to the parent, guardian, or legal custodian, and to the juvenile, including any of the conditions specified in subs. (1d), (1g), (1m), (1p), (1t), (1v), and (1x). The order under this section shall be known as a consent decree and must be agreed to by the juvenile; the parent, guardian, or legal custodian; and the person filing the petition under s. 938.25. If the consent decree includes any conditions specified in sub. (1g), the consent decree shall include provisions for payment of the services as specified in s. 938.361. The consent decree shall be reduced to writing and given to the parties.

SB55-SSA1-SA2, s. 3890g Section 3890g. 938.32 (1p) of the statutes is created to read:

SB55-SSA1-SA2,619,13 938.32 (1p) The judge or juvenile court commissioner may establish as a condition under sub. (1) that the juvenile report to a youth report center after school, in the evening, on weekends, on other nonschool days, or at any other time that the juvenile is not under immediate adult supervision, for participation in the social, behavioral, academic, community service, and other programming of the center. Section 938.34 (5g) applies to any community service work performed by a juvenile under this subsection.

SB55-SSA1-SA2, s. 3893t Section 3893t. 938.34 (7j) of the statutes is created to read:

SB55-SSA1-SA2,619,20 938.34 (7j) Youth report center. Order the juvenile to report to a youth report center after school, in the evening, on weekends, on other nonschool days, or at any other time that the juvenile is not under immediate adult supervision, for participation in the social, behavioral, academic, community service, and other programming of the center. Subsection (5g) applies to any community service work performed by a juvenile under this subsection.

SB55-SSA1-SA2, s. 3894s Section 3894s. 938.342 (1d) (c) of the statutes is created to read:

SB55-SSA1-SA2,620,2 938.342 (1d) (c) Order the person to report to a youth report center after school, in the evening, on weekends, on other nonschool days, or at any other time that the person is not under immediate adult supervision, for participation in the social, behavioral, academic, community service, and other programming of the center. Section 938.34 (5g) applies to any community service work performed by a person under this paragraph.

SB55-SSA1-SA2, s. 3894t Section 3894t. 938.342 (1g) (k) of the statutes is created to read:

SB55-SSA1-SA2,620,9 938.342 (1g) (k) Order the person to report to a youth report center after school, in the evening, on weekends, on other nonschool days, or at any other time that the juvenile is not under immediate adult supervision, for participation in the social, behavioral, academic, community service, and other programming of the center. Section 938.34 (5g) applies to any community service work performed by a person under this paragraph.

SB55-SSA1-SA2, s. 3895f Section 3895f. 938.343 (3m) of the statutes is created to read:

SB55-SSA1-SA2,620,16 938.343 (3m) Order the juvenile to report to a youth report center after school, in the evening, on weekends, on other nonschool days, or at any other time that the juvenile is not under immediate adult supervision, for participation in the social, behavioral, academic, community service, and other programming of the center. Section 938.34 (5g) applies to any community service work performed by a juvenile under this subsection.

SB55-SSA1-SA2, s. 3895j Section 3895j. 938.344 (2g) (a) 5. of the statutes is created to read:

SB55-SSA1-SA2,620,23 938.344 (2g) (a) 5. Report to a youth report center after school, in the evening, on weekends, on other nonschool days, or at any other time that the juvenile is not under immediate adult supervision, for participation in the social, behavioral, academic, community service, and other programming of the center. Section 938.34 (5g) applies to any community service work performed by a juvenile under this subdivision.

SB55-SSA1-SA2, s. 3897v Section 3897v. 938.355 (6) (d) 5. of the statutes is created to read:

SB55-SSA1-SA2,621,5 938.355 (6) (d) 5. Participation after school, in the evening, on weekends, on other nonschool days, or at any other time that the juvenile is not under immediate adult supervision, in the social, behavioral, academic, community service, and other programming of a youth report center. Subdivision 4. and s. 938.34 (5g) apply to any community service work performed by a juvenile under this subdivision.".

SB55-SSA1-SA2,621,6 1327. Page 1223, line 8: delete lines 8 to 20.

SB55-SSA1-SA2,621,7 1328. Page 1223, line 20: after that line insert:

SB55-SSA1-SA2,621,8 " Section 3900k. 938.355 (6m) (a) (intro.) of the statutes is amended to read:

SB55-SSA1-SA2,621,21 938.355 (6m) (a) (intro.) If the court finds by a preponderance of the evidence that a juvenile who has been found to have violated a municipal ordinance enacted under s. 118.163 (2) or who has been found to be in need of protection or services under s. 938.13 (6) has violated a condition specified under sub. (2) (b) 7., the court may order as a sanction any combination of the sanctions specified in subds.1g. to 3. 4. and the dispositions specified in s. 938.342 (1g) (d) to (j) and (1m), regardless of whether the disposition was imposed in the order violated by the juvenile, if at the dispositional hearing under s. 938.335 the court explained those conditions to the juvenile and informed the juvenile of the possible sanctions under this paragraph for a violation or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions. The court may order as a sanction under this paragraph any of the following:

SB55-SSA1-SA2, s. 3900n Section 3900n. 938.355 (6m) (a) 4. of the statutes is created to read:

SB55-SSA1-SA2,622,3 938.355 (6m) (a) 4. Participation after school, in the evening, on weekends, on other nonschool days, or at any other time that the juvenile is not under immediate adult supervision, in the social, behavioral, academic, community service, and other programming of a youth report center. Subdivision 2. and s. 938.34 (5g) apply to any community service work performed by a juvenile under this subdivision.

SB55-SSA1-SA2, s. 3900p Section 3900p. 938.355 (6m) (ag) of the statutes is amended to read:

SB55-SSA1-SA2,622,16 938.355 (6m) (ag) If the court finds by a preponderance of the evidence that a juvenile who has been found to have violated a municipal ordinance enacted under s. 118.163 (1m) has violated a condition specified under sub. (2) (b) 7., the court may order as a sanction any combination of the operating privilege suspension specified in par. (a) and the dispositions specified in s. 938.342 (1g) (b) to (j) (k) and (1m), regardless of whether the disposition was imposed in the order violated by the juvenile, if at the dispositional hearing under s. 938.335 the court explained those conditions to the juvenile and informed the juvenile of the possible sanctions under this paragraph for a violation or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions.".

SB55-SSA1-SA2,622,17 1329. Page 1224, line 13: after that line insert:

SB55-SSA1-SA2,622,19 " Section 3908r. 938.46 of the statutes is renumbered 938.46 (1) and amended to read:

SB55-SSA1-SA2,623,2 938.46 (1) A juvenile Except as provided in sub. (2), a juvenile whose status is adjudicated by the court under this chapter, or the juvenile's parent, guardian, or legal custodian, may at any time within one year after the entering of the court's order petition the court for a rehearing on the ground that new evidence has been discovered affecting the advisability of the court's original adjudication. Upon a showing that such evidence does exist, the court shall order a new hearing.

SB55-SSA1-SA2, s. 3908s Section 3908s. 938.46 (2) of the statutes is created to read:

SB55-SSA1-SA2,623,8 938.46 (2) If a juvenile is adjudged delinquent under s. 938.12, the juvenile or the juvenile's parent, guardian, or legal custodian, may at any time after the entering of the court's order petition the court for a rehearing on the ground that new evidence has been discovered affecting the advisability of the court's original adjudication. Upon a showing that such evidence does exist, the court shall order a new hearing.

SB55-SSA1-SA2, s. 3908t Section 3908t. 938.46 (3) of the statutes is created to read:

SB55-SSA1-SA2,623,10 938.46 (3) This section does not apply to motions made under s. 974.07 (2).".

SB55-SSA1-SA2,623,11 1330. Page 1224, line 13: delete that line.

SB55-SSA1-SA2,623,12 1331. Page 1225, line 21: delete lines 21 to 25.

SB55-SSA1-SA2,623,13 1332. Page 1226, line 1: delete lines 1 to 25.

SB55-SSA1-SA2,623,14 1333. Page 1227, line 1: delete lines 1 to 25.

SB55-SSA1-SA2,623,15 1334. Page 1228, line 1: delete lines 1 to 24.

SB55-SSA1-SA2,623,16 1335. Page 1229, line 1: delete lines 1 to 25.

SB55-SSA1-SA2,623,17 1336. Page 1230, line 1: delete lines 1 to 25.

SB55-SSA1-SA2,623,18 1337. Page 1231, line 1: delete lines 1 to 6.

SB55-SSA1-SA2,623,19 1338. Page 1231, line 6: after that line insert:

SB55-SSA1-SA2,623,20 " Section 3928r. 938.78 (2) (e) of the statutes is amended to read:

SB55-SSA1-SA2,624,6 938.78 (2) (e) Paragraph (a) does not prohibit the department from disclosing information about an individual adjudged delinquent under s. 938.183 or 938.34 for a sexually violent offense, as defined in s. 980.01 (6), to the department of justice, or a district attorney or a judge acting under ch. 980 or to an attorney who represents a person subject to a petition under ch. 980. The court in which the petition under s. 980.02 is filed or, if an action filed under s. 980.02 is transferred to another court under s. 980.02 (6), the court to which the action is transferred, may issue any protective orders that it determines are appropriate concerning information disclosed under this paragraph.".

SB55-SSA1-SA2,624,7 1339. Page 1231, line 7: delete lines 7 to 11.

SB55-SSA1-SA2,624,9 1340. Page 1231, line 12: delete the material beginning with that line and ending with page 1232, line 7.

SB55-SSA1-SA2,624,11 1341. Page 1232, line 19: delete the material beginning with that line and ending with page 1233, line 13, and substitute:

SB55-SSA1-SA2,624,12 " Section 3936c. 939.74 (2d) of the statutes is created to read:

SB55-SSA1-SA2,624,15 939.74 (2d) (a) In this subsection, "deoxyribonucleic acid profile" means an individual's patterned chemical structure of genetic information identified by analyzing biological material that contains the individual's deoxyribonucleic acid.

SB55-SSA1-SA2,625,2 (b) If before the time limitation under sub. (1) expired, the state collected biological material that is evidence of the identity of the person who committed a violation of s. 940.225 (1) or (2), the state identified a deoxyribonucleic acid profile from the biological material, and comparisons of that deoxyribonucleic acid profile to deoxyribonucleic acid profiles of known persons did not result in a probable identification of the person who is the source of the biological material, the state may commence prosecution of the person who is the source of the biological material for violation of s. 940.225 (1) or (2) within 12 months after comparison of the deoxyribonucleic acid profile relating to the violation results in a probable identification of the person, if there is probable cause to believe that the biological material was left by the person at the time the violation was committed.

SB55-SSA1-SA2,625,13 (c) If before the time limitation under sub. (2) (c) expired, the state collected biological material that is evidence of the identity of the person who committed a violation of s. 948.02 (1) or (2) or 948.025, the state identified a deoxyribonucleic acid profile from the biological material, and comparisons of that deoxyribonucleic acid profile to deoxyribonucleic acid profiles of known persons did not result in a probable identification of the person who is the source of the biological material, the state may commence prosecution of the person who is the source of the biological material for violation of s. 948.02 (1) or (2) or 948.025 within 12 months after comparison of the deoxyribonucleic acid profile relating to the violation results in a probable identification of the person, if there is probable cause to believe that the biological material was left by the person at the time the violation was committed.".

SB55-SSA1-SA2,625,15 1342. Page 1241, line 19: delete the material beginning with that line and ending with page 1243, line 18, and substitute:

SB55-SSA1-SA2,625,16 " Section 3956f. 944.205 (2) (a) of the statutes is amended to read:

SB55-SSA1-SA2,626,2 944.205 (2) (a) Takes a photograph or makes a motion picture, videotape, or other visual representation or reproduction that depicts nudity without the knowledge and consent of the person who is depicted nude while that person is nude in a place and circumstance in which he or she has a reasonable expectation of privacy, if the person taking the photograph or making the motion picture, videotape, or other visual representation knows or has reason to know that the person who is depicted nude does not know of and consent to the taking or making of the photograph or the making of the motion picture, videotape, or other visual representation or reproduction.

SB55-SSA1-SA2, s. 3956h Section 3956h. 944.205 (2) (am) of the statutes is created to read:

SB55-SSA1-SA2,626,8 944.205 (2) (am) Makes a reproduction of a photograph, motion picture, videotape, or other visual representation that the person knows or has reason to know was made in violation of par. (a) and that depicts the nudity depicted in the representation made in violation of par. (a), if the person depicted nude in the reproduction did not consent to the making of the reproduction.

SB55-SSA1-SA2, s. 3957f Section 3957f. 944.205 (2) (b) of the statutes is amended to read:

SB55-SSA1-SA2,626,18 944.205 (2) (b) Possesses or distributes a photograph, motion picture, videotape, or other visual representation or reproduction that depicts nudity and that was taken or made without the knowledge and consent of the person who is depicted nude in violation of par. (a) or (am), if the person possessing or distributing the representation or reproduction knows or has reason to know that the photograph, motion picture, videotape, or other visual representation or reproduction was taken or made without the knowledge and consent of the person who is depicted nude in violation of par. (a) or (am) and if the person who is depicted nude in the representation or reproduction did not consent to the possession or distribution.

SB55-SSA1-SA2, s. 3958f Section 3958f. 944.205 (3) of the statutes is amended to read:

SB55-SSA1-SA2,626,25 944.205 (3) Notwithstanding sub. (2) (a), (am), and (b), if the person in a photograph, motion picture, videotape, or other visual representation or reproduction is a child and the taking of the photograph or the making, possession, or distribution of the photograph, motion picture, videotape, or other visual representation or reproduction does not violate s. 948.05 or 948.12, a parent, guardian, or legal custodian of the child may do any of the following:

SB55-SSA1-SA2,627,3 (a) Make Take and possess the photograph or make and possess the photograph, motion picture, videotape, or other visual representation reproduction of the child.

SB55-SSA1-SA2,627,6 (b) Distribute a photograph, taken or possessed, or a motion picture, videotape or other visual representation or reproduction made or possessed, under par. (a) if the distribution is not for commercial purposes.".

SB55-SSA1-SA2,627,7 1343. Page 1250, line 5: after that line insert:

SB55-SSA1-SA2,627,8 " Section 3984j. 950.04 (1v) (s) of the statutes is amended to read:

SB55-SSA1-SA2,627,14 950.04 (1v) (s) To have any stolen or other personal property expeditiously returned by law enforcement agencies when no longer needed as evidence , subject to s. 968.205. If feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis, property subject to preservation under s. 968.205, and property the ownership of which is disputed, shall be returned to the person within 10 days of being taken.".

SB55-SSA1-SA2,627,15 1344. Page 1250, line 14: after that line insert:

SB55-SSA1-SA2,627,16 " Section 3984r. 950.04 (1v) (ve) of the statutes is created to read:

SB55-SSA1-SA2,627,21 950.04 (1v) (ve) If a hearing is scheduled in response to a petition filed by the department of corrections under s. 973.032 (4m) (b) for permission to release a person from a placement in the intensive supervision program under s. 301.048 (3) (a) 1., to have the appropriate clerk of court send the victim a copy of a petition and notification of the hearing on that petition under s. 973.032 (4m) (c).".

SB55-SSA1-SA2,627,22 1345. Page 1250, line 14: after that line insert:

SB55-SSA1-SA2,627,23 " Section 3984p. 950.04 (1v) (yd) of the statutes is created to read:

SB55-SSA1-SA2,628,4 950.04 (1v) (yd) To have the appropriate clerk of court make a reasonable attempt to send the victim a copy of a motion made under s. 974.07 (2) for postconviction deoxyribonucleic acid testing of certain evidence and notification of any hearing on that motion, as provided under s. 974.07 (4).".

SB55-SSA1-SA2,628,6 1346. Page 1255, line 22: delete the material beginning with that line and ending with page 1256, line 4.

SB55-SSA1-SA2,628,7 1347. Page 1256, line 4: after that line insert:

SB55-SSA1-SA2,628,8 " Section 3998c. 968.20 (1) (intro.) of the statutes is amended to read:

SB55-SSA1-SA2,628,17 968.20 (1) (intro.) Any person claiming the right to possession of property seized pursuant to a search warrant or seized without a search warrant may apply for its return to the circuit court for the county in which the property was seized or where the search warrant was returned. The court shall order such notice as it deems adequate to be given the district attorney and all persons who have or may have an interest in the property and shall hold a hearing to hear all claims to its true ownership. If the right to possession is proved to the court's satisfaction, it shall order the property, other than contraband or property covered under sub. (1m) or (1r) or s. 173.12 or, 173.21 (4), or 968.205, returned if:

SB55-SSA1-SA2, s. 3998e Section 3998e. 968.20 (2) of the statutes is amended to read:

SB55-SSA1-SA2,628,22 968.20 (2) Property not required for evidence or use in further investigation, unless contraband or property covered under sub. (1m) or (1r) or s. 173.12 or 968.205, may be returned by the officer to the person from whom it was seized without the requirement of a hearing.

SB55-SSA1-SA2, s. 3998g Section 3998g. 968.20 (4) of the statutes is amended to read:

SB55-SSA1-SA2,629,10 968.20 (4) Any property seized, other than property covered under s. 968.205, which that poses a danger to life or other property in storage, transportation or use and which that is not required for evidence or further investigation shall be safely disposed of upon command of the person in whose custody they are committed. The city, village, town or county shall by ordinance or resolution establish disposal procedures. Procedures may include provisions authorizing an attempt to return to the rightful owner substances which have a commercial value in normal business usage and do not pose an immediate threat to life or property. If enacted, any such provision shall include a presumption that if the substance appears to be or is reported stolen an attempt will be made to return the substance to the rightful owner.

SB55-SSA1-SA2, s. 3998i Section 3998i. 968.205 of the statutes is created to read:

SB55-SSA1-SA2,629,12 968.205 Preservation of certain evidence. (1) In this section:

SB55-SSA1-SA2,629,20 (a) "Custody" means actual custody of a person under a sentence of imprisonment, custody of a probationer, parolee, or person on extended supervision by the department of corrections, actual or constructive custody of a person pursuant to a dispositional order under ch. 938, supervision of a person, whether in institutional care or on conditional release, pursuant to a commitment order under s. 971.17 and supervision of a person under ch. 980, whether in detention before trial or while in institutional care or on supervised release pursuant to a commitment order.

SB55-SSA1-SA2,629,25 (b) "Discharge date" means the date on which a person is released or discharged from custody that resulted from a criminal action, a delinquency proceeding under ch. 938, or a commitment proceeding under s. 971.17 or ch. 980 or, if the person is serving consecutive sentences of imprisonment, the date on which the person is released or discharged from custody under all of the sentences.

SB55-SSA1-SA2,630,7 (2) Except as provided in sub. (3), if physical evidence that is in the possession of a law enforcement agency includes any biological material that was collected in connection with a criminal investigation that resulted in a criminal conviction, delinquency adjudication, or commitment under s. 971.17 or 980.06, the law enforcement agency shall preserve the physical evidence until every person in custody as a result of the conviction, adjudication, or commitment has reached his or her discharge date.

SB55-SSA1-SA2,630,10 (3) Subject to sub. (5), a law enforcement agency may destroy biological material before the expiration of the time period specified in sub. (2) if all of the following apply:

SB55-SSA1-SA2,630,14 (a) The law enforcement agency sends a notice of its intent to destroy the biological material to all persons who remain in custody as a result of the criminal conviction, delinquency adjudication, or commitment, and to either the attorney of record for each person in custody or the state public defender.

SB55-SSA1-SA2,630,16 (b) No person who is notified under par. (a) does either of the following within 90 days after the date on which the person received the notice: