SB55-SSA1-SA2,619,518
938.32
(1) (a) At any time after the filing of a petition for a proceeding relating
19to s. 938.12 or 938.13 and before the entry of judgment, the judge or juvenile court
20commissioner may suspend the proceedings and place the juvenile under
21supervision in the juvenile's own home or present placement. The court may
22establish terms and conditions applicable to the parent, guardian
, or legal custodian,
23and to the juvenile, including any of the conditions specified in subs. (1d), (1g), (1m),
24(1p), (1t), (1v)
, and (1x). The order under this section shall be known as a consent
1decree and must be agreed to by the juvenile; the parent, guardian
, or legal
2custodian; and the person filing the petition under s. 938.25. If the consent decree
3includes any conditions specified in sub. (1g), the consent decree shall include
4provisions for payment of the services as specified in s. 938.361. The consent decree
5shall be reduced to writing and given to the parties.
SB55-SSA1-SA2,619,137
938.32
(1p) The judge or juvenile court commissioner may establish as a
8condition under sub. (1) that the juvenile report to a youth report center after school,
9in the evening, on weekends, on other nonschool days, or at any other time that the
10juvenile is not under immediate adult supervision, for participation in the social,
11behavioral, academic, community service, and other programming of the center.
12Section 938.34 (5g) applies to any community service work performed by a juvenile
13under this subsection.
SB55-SSA1-SA2,619,2015
938.34
(7j) Youth report center. Order the juvenile to report to a youth report
16center after school, in the evening, on weekends, on other nonschool days, or at any
17other time that the juvenile is not under immediate adult supervision, for
18participation in the social, behavioral, academic, community service, and other
19programming of the center. Subsection (5g) applies to any community service work
20performed by a juvenile under this subsection.
SB55-SSA1-SA2,620,222
938.342
(1d) (c) Order the person to report to a youth report center after school,
23in the evening, on weekends, on other nonschool days, or at any other time that the
24person is not under immediate adult supervision, for participation in the social,
25behavioral, academic, community service, and other programming of the center.
1Section 938.34 (5g) applies to any community service work performed by a person
2under this paragraph.
SB55-SSA1-SA2,620,94
938.342
(1g) (k) Order the person to report to a youth report center after school,
5in the evening, on weekends, on other nonschool days, or at any other time that the
6juvenile is not under immediate adult supervision, for participation in the social,
7behavioral, academic, community service, and other programming of the center.
8Section 938.34 (5g) applies to any community service work performed by a person
9under this paragraph.
SB55-SSA1-SA2,620,1611
938.343
(3m) Order the juvenile to report to a youth report center after school,
12in the evening, on weekends, on other nonschool days, or at any other time that the
13juvenile is not under immediate adult supervision, for participation in the social,
14behavioral, academic, community service, and other programming of the center.
15Section 938.34 (5g) applies to any community service work performed by a juvenile
16under this subsection.
SB55-SSA1-SA2,620,2318
938.344
(2g) (a) 5. Report to a youth report center after school, in the evening,
19on weekends, on other nonschool days, or at any other time that the juvenile is not
20under immediate adult supervision, for participation in the social, behavioral,
21academic, community service, and other programming of the center. Section 938.34
22(5g) applies to any community service work performed by a juvenile under this
23subdivision.
SB55-SSA1-SA2,621,5
1938.355
(6) (d) 5. Participation after school, in the evening, on weekends, on
2other nonschool days, or at any other time that the juvenile is not under immediate
3adult supervision, in the social, behavioral, academic, community service, and other
4programming of a youth report center. Subdivision 4. and s. 938.34 (5g) apply to any
5community service work performed by a juvenile under this subdivision.".
SB55-SSA1-SA2,621,8
8"
Section 3900k. 938.355 (6m) (a) (intro.) of the statutes is amended to read:
SB55-SSA1-SA2,621,219
938.355
(6m) (a) (intro.) If the court finds by a preponderance of the evidence
10that a juvenile who has been found to have violated a municipal ordinance enacted
11under s. 118.163 (2) or who has been found to be in need of protection or services
12under s. 938.13 (6) has violated a condition specified under sub. (2) (b) 7., the court
13may order as a sanction any combination of the sanctions specified in subds.1g. to
143. 4. and the dispositions specified in s. 938.342 (1g) (d) to (j) and (1m), regardless of
15whether the disposition was imposed in the order violated by the juvenile, if at the
16dispositional hearing under s. 938.335 the court explained those conditions to the
17juvenile and informed the juvenile of the possible sanctions under this paragraph for
18a violation or if before the violation the juvenile has acknowledged in writing that
19he or she has read, or has had read to him or her, those conditions and possible
20sanctions and that he or she understands those conditions and possible sanctions.
21The court may order as a sanction under this paragraph any of the following:
SB55-SSA1-SA2,622,323
938.355
(6m) (a) 4. Participation after school, in the evening, on weekends, on
24other nonschool days, or at any other time that the juvenile is not under immediate
1adult supervision, in the social, behavioral, academic, community service, and other
2programming of a youth report center. Subdivision 2. and s. 938.34 (5g) apply to any
3community service work performed by a juvenile under this subdivision.
SB55-SSA1-SA2,622,165
938.355
(6m) (ag) If the court finds by a preponderance of the evidence that a
6juvenile who has been found to have violated a municipal ordinance enacted under
7s. 118.163 (1m) has violated a condition specified under sub. (2) (b) 7., the court may
8order as a sanction any combination of the operating privilege suspension specified
9in par. (a) and the dispositions specified in s. 938.342 (1g) (b) to
(j) (k) and (1m),
10regardless of whether the disposition was imposed in the order violated by the
11juvenile, if at the dispositional hearing under s. 938.335 the court explained those
12conditions to the juvenile and informed the juvenile of the possible sanctions under
13this paragraph for a violation or if before the violation the juvenile has acknowledged
14in writing that he or she has read, or has had read to him or her, those conditions and
15possible sanctions and that he or she understands those conditions and possible
16sanctions.".
SB55-SSA1-SA2,622,19
18"
Section 3908r. 938.46 of the statutes is renumbered 938.46 (1) and amended
19to read:
SB55-SSA1-SA2,623,220
938.46
(1) A juvenile Except as provided in sub. (2), a juvenile whose status
21is adjudicated by the court under this chapter, or the juvenile's parent, guardian
, or
22legal custodian, may at any time within one year after the entering of the court's
23order petition the court for a rehearing on the ground that new evidence has been
1discovered affecting the advisability of the court's original adjudication. Upon a
2showing that such evidence does exist, the court shall order a new hearing.
SB55-SSA1-SA2,623,84
938.46
(2) If a juvenile is adjudged delinquent under s. 938.12, the juvenile or
5the juvenile's parent, guardian, or legal custodian, may at any time after the entering
6of the court's order petition the court for a rehearing on the ground that new evidence
7has been discovered affecting the advisability of the court's original adjudication.
8Upon a showing that such evidence does exist, the court shall order a new hearing.
SB55-SSA1-SA2,623,1010
938.46
(3) This section does not apply to motions made under s. 974.07 (2).".
SB55-SSA1-SA2,624,621
938.78
(2) (e) Paragraph (a) does not prohibit the department from disclosing
22information about an individual adjudged delinquent under s. 938.183 or 938.34 for
23a sexually violent offense, as defined in s. 980.01 (6), to the department of justice, or
1a district attorney or a judge acting under ch. 980 or to an attorney who represents
2a person subject to a petition under ch. 980. The court in which the petition under
3s. 980.02 is filed
or, if an action filed under s. 980.02 is transferred to another court
4under s. 980.02 (6), the court to which the action is transferred, may issue any
5protective orders that it determines are appropriate concerning information
6disclosed under this paragraph.".
SB55-SSA1-SA2,624,1513
939.74
(2d) (a) In this subsection, "deoxyribonucleic acid profile" means an
14individual's patterned chemical structure of genetic information identified by
15analyzing biological material that contains the individual's deoxyribonucleic acid.
SB55-SSA1-SA2,625,216
(b) If before the time limitation under sub. (1) expired, the state collected
17biological material that is evidence of the identity of the person who committed a
18violation of s. 940.225 (1) or (2), the state identified a deoxyribonucleic acid profile
19from the biological material, and comparisons of that deoxyribonucleic acid profile
20to deoxyribonucleic acid profiles of known persons did not result in a probable
21identification of the person who is the source of the biological material, the state may
22commence prosecution of the person who is the source of the biological material for
23violation of s. 940.225 (1) or (2) within 12 months after comparison of the
24deoxyribonucleic acid profile relating to the violation results in a probable
1identification of the person, if there is probable cause to believe that the biological
2material was left by the person at the time the violation was committed.
SB55-SSA1-SA2,625,133
(c) If before the time limitation under sub. (2) (c) expired, the state collected
4biological material that is evidence of the identity of the person who committed a
5violation of s. 948.02 (1) or (2) or 948.025, the state identified a deoxyribonucleic acid
6profile from the biological material, and comparisons of that deoxyribonucleic acid
7profile to deoxyribonucleic acid profiles of known persons did not result in a probable
8identification of the person who is the source of the biological material, the state may
9commence prosecution of the person who is the source of the biological material for
10violation of s. 948.02 (1) or (2) or 948.025 within 12 months after comparison of the
11deoxyribonucleic acid profile relating to the violation results in a probable
12identification of the person, if there is probable cause to believe that the biological
13material was left by the person at the time the violation was committed.".
SB55-SSA1-SA2,626,217
944.205
(2) (a) Takes a photograph or makes a motion picture, videotape
, or
18other visual representation
or reproduction that depicts nudity without the
19knowledge and consent of the person who is depicted nude
while that person is nude
20in a place and circumstance in which he or she has a reasonable expectation of
21privacy, if the person
taking the photograph or making the motion picture, videotape,
22or other visual representation knows or has reason to know that the person who is
23depicted nude does not know of and consent to the taking
or making of the
1photograph
or the making of the motion picture, videotape
, or other visual
2representation
or reproduction.
SB55-SSA1-SA2,626,84
944.205
(2) (am) Makes a reproduction of a photograph, motion picture,
5videotape, or other visual representation that the person knows or has reason to
6know was made in violation of par. (a) and that depicts the nudity depicted in the
7representation made in violation of par. (a), if the person depicted nude in the
8reproduction did not consent to the making of the reproduction.
SB55-SSA1-SA2,626,1810
944.205
(2) (b) Possesses or distributes a photograph, motion picture,
11videotape
, or other visual representation or reproduction that depicts nudity and
12that was taken or made
without the knowledge and consent of the person who is
13depicted nude in violation of par. (a) or (am), if the person
possessing or distributing
14the representation or reproduction knows or has reason to know that the photograph,
15motion picture, videotape
, or other visual representation or reproduction was taken
16or made
without the knowledge and consent of the person who is depicted nude in
17violation of par. (a) or (am) and if the person who is depicted nude in the
18representation or reproduction did not consent to the possession or distribution.
SB55-SSA1-SA2,626,2520
944.205
(3) Notwithstanding sub. (2) (a)
, (am), and (b), if the person in a
21photograph, motion picture, videotape
, or other visual representation or
22reproduction is a child and the
taking of the photograph or the making, possession
, 23or distribution of the photograph, motion picture, videotape
, or other visual
24representation or reproduction does not violate s. 948.05 or 948.12, a parent,
25guardian
, or legal custodian of the child may do any of the following:
SB55-SSA1-SA2,627,3
1(a)
Make Take and
possess the photograph or make and possess the
2photograph, motion picture, videotape
, or other visual representation reproduction
3of the child.
SB55-SSA1-SA2,627,64
(b) Distribute a photograph
, taken or possessed, or a motion picture, videotape
5or other visual representation or reproduction made or possessed
, under par. (a) if
6the distribution is not for commercial purposes.".
SB55-SSA1-SA2,627,149
950.04
(1v) (s) To have any stolen or other personal property expeditiously
10returned by law enforcement agencies when no longer needed as evidence
, subject
11to s. 968.205. If feasible, all such property, except weapons, currency, contraband,
12property subject to evidentiary analysis
, property subject to preservation under s.
13968.205, and property the ownership of which is disputed, shall be returned to the
14person within 10 days of being taken.".
SB55-SSA1-SA2,627,2117
950.04
(1v) (ve) If a hearing is scheduled in response to a petition filed by the
18department of corrections under s. 973.032 (4m) (b) for permission to release a person
19from a placement in the intensive supervision program under s. 301.048 (3) (a) 1., to
20have the appropriate clerk of court send the victim a copy of a petition and
21notification of the hearing on that petition under s. 973.032 (4m) (c).".
SB55-SSA1-SA2,628,4
1950.04
(1v) (yd) To have the appropriate clerk of court make a reasonable
2attempt to send the victim a copy of a motion made under s. 974.07 (2) for
3postconviction deoxyribonucleic acid testing of certain evidence and notification of
4any hearing on that motion, as provided under s. 974.07 (4).".
SB55-SSA1-SA2,628,179
968.20
(1) (intro.) Any person claiming the right to possession of property
10seized pursuant to a search warrant or seized without a search warrant may apply
11for its return to the circuit court for the county in which the property was seized or
12where the search warrant was returned. The court shall order such notice as it
13deems adequate to be given the district attorney and all persons who have or may
14have an interest in the property and shall hold a hearing to hear all claims to its true
15ownership. If the right to possession is proved to the court's satisfaction, it shall
16order the property, other than contraband or property covered under sub. (1m) or (1r)
17or s. 173.12
or, 173.21 (4)
, or 968.205, returned if:
SB55-SSA1-SA2,628,2219
968.20
(2) Property not required for evidence or use in further investigation,
20unless contraband or property covered under sub. (1m) or (1r) or s. 173.12
or 968.205,
21may be returned by the officer to the person from whom it was seized without the
22requirement of a hearing.
SB55-SSA1-SA2,629,10
1968.20
(4) Any property seized
, other than property covered under s. 968.205, 2which that poses a danger to life or other property in storage, transportation or use
3and
which that is not required for evidence or further investigation shall be safely
4disposed of upon command of the person in whose custody they are committed. The
5city, village, town or county shall by ordinance or resolution establish disposal
6procedures. Procedures may include provisions authorizing an attempt to return to
7the rightful owner substances which have a commercial value in normal business
8usage and do not pose an immediate threat to life or property. If enacted, any such
9provision shall include a presumption that if the substance appears to be or is
10reported stolen an attempt will be made to return the substance to the rightful owner.
SB55-SSA1-SA2,629,12
12968.205 Preservation of certain evidence. (1) In this section:
SB55-SSA1-SA2,629,2013
(a) "Custody" means actual custody of a person under a sentence of
14imprisonment, custody of a probationer, parolee, or person on extended supervision
15by the department of corrections, actual or constructive custody of a person pursuant
16to a dispositional order under ch. 938, supervision of a person, whether in
17institutional care or on conditional release, pursuant to a commitment order under
18s. 971.17 and supervision of a person under ch. 980, whether in detention before trial
19or while in institutional care or on supervised release pursuant to a commitment
20order.
SB55-SSA1-SA2,629,2521
(b) "Discharge date" means the date on which a person is released or discharged
22from custody that resulted from a criminal action, a delinquency proceeding under
23ch. 938, or a commitment proceeding under s. 971.17 or ch. 980 or, if the person is
24serving consecutive sentences of imprisonment, the date on which the person is
25released or discharged from custody under all of the sentences.
SB55-SSA1-SA2,630,7
1(2) Except as provided in sub. (3), if physical evidence that is in the possession
2of a law enforcement agency includes any biological material that was collected in
3connection with a criminal investigation that resulted in a criminal conviction,
4delinquency adjudication, or commitment under s. 971.17 or 980.06, the law
5enforcement agency shall preserve the physical evidence until every person in
6custody as a result of the conviction, adjudication, or commitment has reached his
7or her discharge date.
SB55-SSA1-SA2,630,10
8(3) Subject to sub. (5), a law enforcement agency may destroy biological
9material before the expiration of the time period specified in sub. (2) if all of the
10following apply:
SB55-SSA1-SA2,630,1411
(a) The law enforcement agency sends a notice of its intent to destroy the
12biological material to all persons who remain in custody as a result of the criminal
13conviction, delinquency adjudication, or commitment, and to either the attorney of
14record for each person in custody or the state public defender.
SB55-SSA1-SA2,630,1615
(b) No person who is notified under par. (a) does either of the following within
1690 days after the date on which the person received the notice:
SB55-SSA1-SA2,630,1717
1. Files a motion for testing of the biological material under s. 974.07 (2).
SB55-SSA1-SA2,630,1918
2. Submits a written request to preserve the biological material to the law
19enforcement agency or district attorney.
SB55-SSA1-SA2,630,2120
(c) No other provision of federal or state law requires the law enforcement
21agency to preserve the biological material.
SB55-SSA1-SA2,631,2
22(4) A notice provided under sub. (3) (a) shall clearly inform the recipient that
23the biological material will be destroyed unless, within 90 days after the date on
24which the person receives the notice, either a motion for testing of the material is
1filed under s. 974.07 (2) or a written request to preserve the material is submitted
2to the law enforcement agency.
SB55-SSA1-SA2,631,8
3(5) If, after providing notice under sub. (3) (a) of its intent to destroy biological
4material, a law enforcement agency receives a written request to preserve the
5material, the law enforcement agency shall preserve the material until the discharge
6date of the person who made the request or on whose behalf the request was made,
7subject to a court order issued under s. 974.07 (7), (9) (a), or (10) (a) 5., unless the court
8authorizes destruction of the biological material under s. 974.07 (9) (b) or (10) (a) 5.