AB443: Bill Text

Note: In s. 938.38 (5) (a), stats., substitutes "every 6 months after a previous review" for "every 12 months after a previous review". The current reference to "12 months" was an inadvertent mistake when the original law was enacted. The provision should parallel s. 48.38 (5) (a), stats., which specifies "6 months."

AB443, s. 507 Section 507. 938.39 of the statutes is amended to read:

AB443,249,8 938.39 Disposition by court bars criminal proceeding. Disposition by the court of any violation of state law coming within its jurisdiction under s. 938.12 bars any future criminal proceeding on the same matter in circuit court when the juvenile reaches the age of 17. This section does not affect criminal proceedings in circuit court which that were transferred under s. 938.18.

AB443, s. 508 Section 508. 938.396 (1) (title) of the statutes is created to read:

AB443,249,10 938.396 (1) (title) Law enforcement records.

Note: Relating to s. 938.396, stats., and other provisions, reorganizes provisions in the Juvenile Justice Code relating to the confidentiality of juvenile law enforcement, juvenile court, and municipal court records.

AB443, s. 509 Section 509. 938.396 (1) of the statutes is renumbered 938.396 (1) (a) and amended to read:

AB443,249,17 938.396 (1) (a) Confidentiality. Law enforcement officers' agency records of juveniles shall be kept separate from records of adults. Law enforcement officers' agency records of juveniles shall may not be open to inspection or their contents disclosed except under sub. (1b), (1d), (1g), (1m), (1r), (1t), (1x) or (5) par. (b) or (c), sub. (1j), or s. 938.293 or by order of the court. This subsection

AB443,249,18 (b) Applicability. Paragraph (a) does not apply to any of the following:

AB443,250,2 1. The disclosure of information to representatives of the news media who wish to obtain information for the purpose of reporting news without revealing. A representative of the news media who obtains information under this subdivision may not reveal the identity of the juvenile involved, to the.

AB443,250,11 2. The confidential exchange of information between the police a law enforcement agency 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 subdivision shall keep the information confidential as required under s. 118.125, and a private school official who obtains information under this subsection subdivision shall keep the information confidential in the same manner as is required of a public school official under s. 118.125.

AB443,250,15 3. The confidential exchange of information between a law enforcement agency and another law enforcement agency. A law enforcement agency that obtains information under this subsection subdivision shall keep the information confidential as required under this subsection par. (a) and s. 48.396 (1).

AB443,250,19 4. The confidential exchange of information between a law enforcement agency and a social welfare agency. A social welfare agency that obtains information under this subsection subdivision shall keep the information confidential as required under ss. 48.78 and 938.78.

Note: The language repealed in s. 938.396 (1) (b) 2., stats., as created by this bill is contained in newly created s. 938.396 (1) (b) 5., stats., as created by this bill.

AB443, s. 510 Section 510. 938.396 (1) (b) 5. of the statutes is created to read:

AB443,250,22 938.396 (1) (b) 5. The disclosure of information relating to a juvenile 10 years of age or over who is subject to the jurisdiction of a court of criminal jurisdiction.

AB443, s. 511 Section 511. 938.396 (1) (c) (intro.) of the statutes is created to read:

AB443,251,2 938.396 (1) (c) Exceptions. (intro.) Notwithstanding par. (a), law enforcement agency records of juveniles may be disclosed as follows:

AB443, s. 512 Section 512. 938.396 (1b) of the statutes is renumbered 938.396 (1) (c) 1.

AB443, s. 513 Section 513. 938.396 (1d) of the statutes is renumbered 938.396 (1) (c) 2.

AB443, s. 514 Section 514. 938.396 (1g) of the statutes is renumbered 938.396 (1) (c) 6. and amended to read:

AB443,251,18 938.396 (1) (c) 6. If requested by the victim-witness coordinator, a law enforcement agency shall disclose to the victim-witness coordinator any information in its records relating to the enforcement of rights under the constitution, this chapter, and s. 950.04 or the provision of services under s. 950.06 (1m), including the name and address of the juvenile and the juvenile's parents. The victim-witness coordinator may use the information only for the purpose of enforcing those rights and providing those services and may make that information available only as necessary to ensure that victims and witnesses of crimes, as defined in s. 950.02 (1m), receive the rights and services to which they are entitled under the constitution, this chapter, and ch. 950. The victim-witness coordinator may also use the information to disclose the name and address of the juvenile and the juvenile's parents to the victim of the juvenile's act.

Note: Clarifies, in s. 938.396 (1) (c) 6., stats., as created by the bill, that a law enforcement agency must disclose to a victim-witness coordinator the name and address of a juvenile and the juvenile's parent, upon request. The victim-witness coordinator may disclose this information to the victim of the juvenile's act.

AB443, s. 515 Section 515. 938.396 (1j) (title) of the statutes is created to read:

AB443,251,20 938.396 (1j) (title) Law enforcement records, court-ordered disclosure.

AB443, s. 516 Section 516. 938.396 (1m) (a) of the statutes is renumbered 938.396 (1) (c) 3. (intro.) and amended to read:

AB443,252,7 938.396 (1) (c) 3. (intro.) A law enforcement agency, on its own initiative or on the request of the school district administrator of a public school district, the administrator of a private school, or the designee of the school district administrator or the private school administrator, may, subject to official agency policy, provide to the school district administrator, private school administrator, or designee, for use as provided in s. 118.127 (2), any information in its records relating to the any of the following:

AB443,252,11 a. The use, possession, or distribution of alcohol or a controlled substance or controlled substance analog by a juvenile enrolled in the public school district or private school. The information shall be used by the school district or private school as provided under s. 118.127 (2).

AB443, s. 517 Section 517. 938.396 (1m) (am) of the statutes is renumbered 938.396 (1) (c) 3. b. and amended to read:

AB443,252,21 938.396 (1) (c) 3. b. A law enforcement agency, on its own initiative or on the request of the school district administrator of a public school district, the administrator of a private school or the designee of the school district administrator or the private school administrator, may, subject to official agency policy, provide to the school district administrator, private school administrator or designee any information in its records relating to the The illegal possession by a juvenile of a dangerous weapon, as defined in s. 939.22 (10). The information shall be used by the school district or private school as provided in s. 118.127 (2).

Note: The repealed language is included in s. 938.396 (1) (c) 3. (intro.), as created by this bill.

AB443, s. 518 Section 518. 938.396 (1m) (ar) of the statutes is renumbered 938.396 (1) (c) 3. c. and amended to read:

AB443,253,10 938.396 (1) (c) 3. c. A law enforcement agency, on its own initiative or on the request of the school district administrator of a public school district, the administrator of a private school, or the designee of the school district administrator or the private school administrator, may, subject to official agency policy, provide to the school district administrator, private school administrator, or designee any information in its records relating to an An act for which a juvenile enrolled in the school district or private school was taken into custody under s. 938.19 based on a law enforcement officer's belief that the juvenile was committing or had committed a violation of any state or federal criminal law. The information shall be used by the school district or private school as provided in s. 118.127 (2).

Note: The repealed language is included in s. 938.396 (1) (c) 3. (intro.), as created by this bill.

AB443, s. 519 Section 519. 938.396 (1m) (b) of the statutes is renumbered 938.396 (1) (c) 3. d. and amended to read:

AB443,253,20 938.396 (1) (c) 3. d. A law enforcement agency, on its own initiative or on the request of the school district administrator of a public school district, the administrator of a private school or the designee of the school district administrator or the private school administrator, may, subject to official agency policy, provide to the school district administrator, private school administrator or designee any information in its records relating to the An act for which a juvenile enrolled in the public school district or private school was adjudged delinquent. The information shall be used by the school district or private school as provided in s. 118.127 (2).

Note: The repealed language in s. 938.396 (1) (c) 3. d. is included in s. 938.396 (1) (c) 3. (intro.), as created by this bill.

AB443, s. 520 Section 520. 938.396 (1m) (c) of the statutes is renumbered 938.396 (1) (d) and amended to read:

AB443,254,14 938.396 (1) (d) Law enforcement access to school records. On petition of a law enforcement agency to review pupil records, as defined in s. 118.125 (1) (d), other than pupil records that may be disclosed without a court order under s. 118.125 (2) or (2m), for the purpose of investigating pursuing an investigation of any alleged delinquent or criminal activity or on petition of a fire investigator under s. 165.55 (15) to review those pupil records for the purpose of pursuing an investigation under s. 165.55 (15), the court may order the school board of the school district, or the governing body of the private school, in which a juvenile is enrolled to disclose to the law enforcement agency or fire investigator the pupil records of that juvenile as necessary for the law enforcement agency or fire investigator to pursue its the investigation. The law enforcement agency or fire investigator may use the pupil records only for the purpose of its the investigation and may make the pupil records available only to employees of the law enforcement agency or fire investigator who are working on the investigation.

AB443, s. 521 Section 521. 938.396 (1m) (d) of the statutes is repealed.

Note: Repeals s. 938.396 (1m) (d), stats., which permitted disclosure of pupil records to a fire investigator. This language is included in s. 938.396 (1) (d), stats., as created by this bill.

AB443, s. 522 Section 522. 938.396 (1p) of the statutes is renumbered 938.396 (1) (c) 4. and amended to read:

AB443,254,22 938.396 (1) (c) 4. A law enforcement agency may enter into an interagency agreement with a school board, a private school, a social welfare agency, or another law enforcement agency providing for the routine disclosure of information under subs. (1) and (1m) (b) 2. and (c) 3. to the school board, private school, social welfare agency, or other law enforcement agency.

AB443, s. 523 Section 523. 938.396 (1r) of the statutes is renumbered 938.396 (1) (c) 5.

AB443, s. 524 Section 524. 938.396 (1t) of the statutes is renumbered 938.396 (1) (c) 7.

AB443, s. 525 Section 525. 938.396 (1x) of the statutes is renumbered 938.396 (1) (c) 8.

AB443, s. 526 Section 526. 938.396 (2) (a) of the statutes is renumbered 938.396 (2) and amended to read:

AB443,255,10 938.396 (2) Court records; confidentiality. Records of the court assigned to exercise jurisdiction under this chapter and ch. 48 and of municipal courts exercising jurisdiction under s. 938.17 (2) shall be entered in books or deposited in files kept for that purpose only. Those records shall not be open to inspection or their contents disclosed except by order of the court assigned to exercise jurisdiction under this chapter and ch. 48 or as permitted under this section sub. (2g).

AB443, s. 527 Section 527. 938.396 (2) (ag) of the statutes is renumbered 938.396 (2g) (ag).

AB443, s. 528 Section 528. 938.396 (2) (am) of the statutes is renumbered 938.396 (2g) (am).

AB443, s. 529 Section 529. 938.396 (2) (b) of the statutes is renumbered 938.396 (2g) (b) and amended to read:

AB443,255,20 938.396 (2g) (b) Federal program monitoring. Upon request of the department of health and family services, the department of corrections, or a federal agency to review court records for the purpose of monitoring and conducting periodic evaluations of activities as required by and implemented under 45 CFR 1355, 1356, and 1357, the court shall open those records for inspection by authorized representatives of the that department or federal agency.

AB443, s. 530 Section 530. 938.396 (2) (c) of the statutes is renumbered 938.396 (2g) (c).

AB443, s. 531 Section 531. 938.396 (2) (d) of the statutes is renumbered 938.396 (2g) (d).

AB443, s. 532 Section 532. 938.396 (2) (dm) of the statutes is renumbered 938.396 (2g) (dm).

AB443, s. 533 Section 533. 938.396 (2) (dr) of the statutes is renumbered 938.396 (2g) (dr).

AB443, s. 534 Section 534. 938.396 (2) (e) of the statutes is renumbered 938.396 (2g) (e).

AB443, s. 535 Section 535. 938.396 (2) (em) of the statutes is renumbered 938.396 (2g) (em) and amended to read:

AB443,256,10 938.396 (2g) (em) Sex offender registration. Upon request of the department to review court records for the purpose of obtaining information concerning a child juvenile who is required to register under s. 301.45, the court shall open for inspection by authorized representatives of the department the records of the court relating to any child juvenile who has been adjudicated delinquent or found in need of protection or services or not responsible by reason of mental disease or defect for an offense specified in s. 301.45 (1g) (a). The department may disclose information that it obtains under this paragraph as provided under s. 301.46.

AB443, s. 536 Section 536. 938.396 (2) (f) of the statutes is renumbered 938.396 (2g) (f) and amended to read:

AB443,257,2 938.396 (2g) (f) Victim-witness coordinator. Upon request of the victim-witness coordinator to review court records for the purpose of enforcing rights under the constitution, this chapter, and s. 950.04 and providing services under s. 950.06 (1m), the court shall open for inspection by the victim-witness coordinator the records of the court relating to the enforcement of those rights or the provision of those services, including the name and address of the juvenile and the juvenile's parents. The victim-witness coordinator may use any information obtained under this paragraph only for the purpose of enforcing those rights and providing those services and may make that information available only as necessary to ensure that victims and witnesses of crimes, as defined in s. 950.02 (1m), receive the rights and services to which they are entitled under the constitution, this chapter and ch. 950. The victim-witness coordinator may also use that information to disclose the name and address of the juvenile and the juvenile's parents to the victim of the juvenile's act.

Note: See the Note to s. 938.396 (1) (c) 6., stats., as created by this bill.

AB443, s. 537 Section 537. 938.396 (2) (fm) of the statutes is renumbered 938.396 (2g) (fm).

AB443, s. 538 Section 538. 938.396 (2) (g) of the statutes is renumbered 938.396 (2g) (g).

AB443, s. 539 Section 539. 938.396 (2) (gm) of the statutes is renumbered 938.396 (2g) (gm).

AB443, s. 540 Section 540. 938.396 (2) (h) of the statutes is renumbered 938.396 (2g) (h).

AB443, s. 541 Section 541. 938.396 (2) (i) of the statutes is renumbered 938.396 (2g) (i).

AB443, s. 542 Section 542. 938.396 (2) (j) of the statutes is renumbered 938.396 (2g) (j) and amended to read:

AB443,257,16 938.396 (2g) (j) Fire investigator. Upon request of a fire investigator under s. 165.55 (15) to review court records for the purpose of pursuing an investigation under s. 165.55, the court shall open for inspection by authorized representatives of the requester the records of the court relating to any juvenile who has been adjudicated delinquent or found to be in need of protection or services under s. 938.13 (12) or (14) for a violation of s. 940.08, 940.24, 941.10, 941.11, 943.01, 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, or 943.06 or for an attempt to commit any of those violations.

AB443, s. 543 Section 543. 938.396 (2g) (intro.) of the statutes is created to read:

AB443,257,21 938.396 (2g) Confidentiality of court records; exceptions. (intro.) Notwithstanding sub. (2), records of the court assigned to exercise jurisdiction under this chapter and ch. 48 and of courts exercising jurisdiction under s. 938.17 (2) may be disclosed as follows:

AB443, s. 544 Section 544. 938.396 (2g) (ag) (title) of the statutes is created to read:

AB443,257,23 938.396 (2g) (ag) (title) Request of parent or juvenile.

AB443, s. 545 Section 545. 938.396 (2g) (am) (title) of the statutes is created to read:

AB443,258,1 938.396 (2g) (am) (title) Permission of parent or juvenile.

AB443, s. 546 Section 546. 938.396 (2g) (c) (title) of the statutes is created to read:

AB443,258,3 938.396 (2g) (c) (title) Law enforcement agencies.

AB443, s. 547 Section 547. 938.396 (2g) (d) (title) of the statutes is created to read:

AB443,258,5 938.396 (2g) (d) (title) Bail; impeachment; firearm possession.

AB443, s. 548 Section 548. 938.396 (2g) (dm) (title) of the statutes is created to read:

AB443,258,7 938.396 (2g) (dm) (title) Delinquency or criminal defense.

AB443, s. 549 Section 549. 938.396 (2g) (dr) (title) of the statutes is created to read:

AB443,258,9 938.396 (2g) (dr) (title) Presentence investigation.

AB443, s. 550 Section 550. 938.396 (2g) (e) (title) of the statutes is created to read:

AB443,258,11 938.396 (2g) (e) (title) Sexually violent person commitment.

AB443, s. 551 Section 551. 938.396 (2g) (fm) (title) of the statutes is created to read:

AB443,258,13 938.396 (2g) (fm) (title) Victim's insurer.

AB443, s. 552 Section 552. 938.396 (2g) (g) (title) of the statutes is created to read:

AB443,258,15 938.396 (2g) (g) (title) Paternity of juvenile.