AB443, s. 510
20Section
510. 938.396 (1) (b) 5. of the statutes is created to read:
AB443,250,2221
938.396
(1) (b) 5. The disclosure of information relating to a juvenile 10 years
22of age or over who is subject to the jurisdiction of a court of criminal jurisdiction.
AB443, s. 511
23Section
511. 938.396 (1) (c) (intro.) of the statutes is created to read:
AB443,251,2
1938.396
(1) (c)
Exceptions. (intro.) Notwithstanding par. (a), law enforcement
2agency records of juveniles may be disclosed as follows:
AB443, s. 512
3Section
512. 938.396 (1b) of the statutes is renumbered 938.396 (1) (c) 1.
AB443, s. 513
4Section
513. 938.396 (1d) of the statutes is renumbered 938.396 (1) (c) 2.
AB443, s. 514
5Section
514. 938.396 (1g) of the statutes is renumbered 938.396 (1) (c) 6. and
6amended to read:
AB443,251,187
938.396
(1) (c) 6. If requested by the victim-witness coordinator, a law
8enforcement agency shall disclose to the victim-witness coordinator any information
9in its records relating to the enforcement of rights under the constitution, this
10chapter
, and s. 950.04 or the provision of services under s. 950.06 (1m)
, including the
11name and address of the juvenile and the juvenile's parents. The victim-witness
12coordinator may use the information only for the purpose of enforcing those rights
13and providing those services and may make that information available only as
14necessary to ensure that victims and witnesses of crimes, as defined in s. 950.02 (1m),
15receive the rights and services to which they are entitled under the constitution, this
16chapter
, and ch. 950.
The victim-witness coordinator may also use the information
17to disclose the name and address of the juvenile and the juvenile's parents to the
18victim 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
19Section
515. 938.396 (1j) (title) of the statutes is created to read:
AB443,251,2020
938.396
(1j) (title)
Law enforcement records, court-ordered disclosure.
AB443, s. 516
21Section
516. 938.396 (1m) (a) of the statutes is renumbered 938.396 (1) (c) 3.
22(intro.) and amended to read:
AB443,252,7
1938.396
(1) (c) 3. (intro.) A law enforcement agency, on its own initiative or on
2the request of the school district administrator of a public school district, the
3administrator of a private school
, or the designee of the school district administrator
4or the private school administrator, may, subject to official agency policy, provide to
5the school district administrator, private school administrator
, or designee
, for use
6as provided in s. 118.127 (2), any information in its records relating to
the any of the
7following:
AB443,252,11
8a. The use, possession
, or distribution of alcohol or a controlled substance or
9controlled substance analog by a juvenile enrolled in the public school district or
10private school.
The information shall be used by the school district or private school
11as provided under s. 118.127 (2).
AB443, s. 517
12Section
517. 938.396 (1m) (am) of the statutes is renumbered 938.396 (1) (c)
133. b. and amended to read:
AB443,252,2114
938.396
(1) (c) 3. b.
A law enforcement agency, on its own initiative or on the
15request of the school district administrator of a public school district, the
16administrator of a private school or the designee of the school district administrator
17or the private school administrator, may, subject to official agency policy, provide to
18the school district administrator, private school administrator or designee any
19information in its records relating to the The illegal possession by a juvenile of a
20dangerous weapon, as defined in s. 939.22 (10).
The information shall be used by the
21school 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
22Section
518. 938.396 (1m) (ar) of the statutes is renumbered 938.396 (1) (c)
233. c. and amended to read:
AB443,253,10
1938.396
(1) (c) 3. c.
A law enforcement agency, on its own initiative or on the
2request of the school district administrator of a public school district, the
3administrator of a private school, or the designee of the school district administrator
4or the private school administrator, may, subject to official agency policy, provide to
5the school district administrator, private school administrator, or designee any
6information in its records relating to an An act for which a juvenile enrolled in the
7school district or private school was taken into custody under s. 938.19 based on a
8law enforcement officer's belief that the juvenile was committing or had committed
9a violation of any state or federal criminal law.
The information shall be used by the
10school 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
11Section
519. 938.396 (1m) (b) of the statutes is renumbered 938.396 (1) (c) 3.
12d. and amended to read:
AB443,253,2013
938.396
(1) (c) 3. d.
A law enforcement agency, on its own initiative or on the
14request of the school district administrator of a public school district, the
15administrator of a private school or the designee of the school district administrator
16or the private school administrator, may, subject to official agency policy, provide to
17the school district administrator, private school administrator or designee any
18information in its records relating to the An act for which a juvenile enrolled in the
19public school district or private school was adjudged delinquent.
The information
20shall 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
21Section
520. 938.396 (1m) (c) of the statutes is renumbered 938.396 (1) (d) and
22amended to read:
AB443,254,14
1938.396
(1) (d)
Law enforcement access to school records. On petition of a law
2enforcement agency to review pupil records, as defined in s. 118.125 (1) (d), other
3than pupil records that may be disclosed without a court order under s. 118.125 (2)
4or (2m), for the purpose of
investigating pursuing an investigation of any alleged
5delinquent or criminal activity
or on petition of a fire investigator under s. 165.55 (15)
6to review those pupil records for the purpose of pursuing an investigation under s.
7165.55 (15), the court may order the school board of the school district, or the
8governing body of the private school, in which a juvenile is enrolled to disclose to the
9law enforcement agency
or fire investigator the pupil records of that juvenile as
10necessary for the law enforcement agency
or fire investigator to pursue
its the 11investigation. The law enforcement agency
or fire investigator may use the pupil
12records only for the purpose of
its the investigation and may make the pupil records
13available only to employees of the law enforcement agency
or fire investigator who
14are working on the investigation.
AB443, s. 521
15Section
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
16Section
522. 938.396 (1p) of the statutes is renumbered 938.396 (1) (c) 4. and
17amended to read:
AB443,254,2218
938.396
(1) (c) 4. A law enforcement agency may enter into an interagency
19agreement with a school board, a private school, a social welfare agency, or another
20law enforcement agency providing for the routine disclosure of information under
21subs. (1)
and (1m) (b) 2. and (c) 3. to the school board, private school, social welfare
22agency, or other law enforcement agency.
AB443, s. 523
23Section
523. 938.396 (1r) of the statutes is renumbered 938.396 (1) (c) 5.
AB443, s. 524
1Section
524. 938.396 (1t) of the statutes is renumbered 938.396 (1) (c) 7.
AB443, s. 525
2Section
525. 938.396 (1x) of the statutes is renumbered 938.396 (1) (c) 8.
AB443, s. 526
3Section
526. 938.396 (2) (a) of the statutes is renumbered 938.396 (2) and
4amended to read:
AB443,255,105
938.396
(2) Court records; confidentiality. Records of the court assigned to
6exercise jurisdiction under this chapter and ch. 48 and of municipal courts exercising
7jurisdiction under s. 938.17 (2) shall be entered in books or deposited in files kept for
8that purpose only. Those records shall not be open to inspection or their contents
9disclosed except by order of the court assigned to exercise jurisdiction under this
10chapter and ch. 48 or as permitted under
this section
sub. (2g).
AB443, s. 527
11Section
527. 938.396 (2) (ag) of the statutes is renumbered 938.396 (2g) (ag).
AB443, s. 528
12Section
528. 938.396 (2) (am) of the statutes is renumbered 938.396 (2g) (am).
AB443, s. 529
13Section
529. 938.396 (2) (b) of the statutes is renumbered 938.396 (2g) (b) and
14amended to read:
AB443,255,2015
938.396
(2g) (b)
Federal program monitoring. Upon request of the department
16of health and family services, the department of corrections
, or a federal agency to
17review court records for the purpose of monitoring and conducting periodic
18evaluations of activities as required by and implemented under
45 CFR 1355,
1356, 19and
1357, the court shall open those records for inspection by authorized
20representatives of
the that department or federal agency.
AB443, s. 530
21Section
530. 938.396 (2) (c) of the statutes is renumbered 938.396 (2g) (c).
AB443, s. 531
22Section
531. 938.396 (2) (d) of the statutes is renumbered 938.396 (2g) (d).
AB443, s. 532
23Section
532. 938.396 (2) (dm) of the statutes is renumbered 938.396 (2g) (dm).
AB443, s. 533
24Section
533. 938.396 (2) (dr) of the statutes is renumbered 938.396 (2g) (dr).
AB443, s. 534
25Section
534. 938.396 (2) (e) of the statutes is renumbered 938.396 (2g) (e).
AB443, s. 535
1Section
535. 938.396 (2) (em) of the statutes is renumbered 938.396 (2g) (em)
2and amended to read:
AB443,256,103
938.396
(2g) (em)
Sex offender registration. Upon request of the department
4to review court records for the purpose of obtaining information concerning a
child 5juvenile who is required to register under s. 301.45, the court shall open for
6inspection by authorized representatives of the department the records of the court
7relating to any
child juvenile who has been adjudicated delinquent or found
in need
8of protection or services or not responsible by reason of mental disease or defect for
9an offense specified in s. 301.45 (1g) (a). The department may disclose information
10that it obtains under this paragraph as provided under s. 301.46.
AB443, s. 536
11Section
536. 938.396 (2) (f) of the statutes is renumbered 938.396 (2g) (f) and
12amended to read:
AB443,257,213
938.396
(2g) (f)
Victim-witness coordinator. Upon request of the
14victim-witness coordinator to review court records for the purpose of enforcing rights
15under the constitution, this chapter
, and s. 950.04 and providing services under s.
16950.06 (1m), the court shall open for inspection by the victim-witness coordinator the
17records of the court relating to the enforcement of those rights or the provision of
18those services
, including the name and address of the juvenile and the juvenile's
19parents. The victim-witness coordinator may use any information obtained under
20this paragraph only for the purpose of enforcing those rights and providing those
21services and may make that information available only as necessary to ensure that
22victims and witnesses of crimes, as defined in s. 950.02 (1m), receive the rights and
23services to which they are entitled under the constitution, this chapter and ch. 950.
24The victim-witness coordinator may also use that information to disclose the name
1and address of the juvenile and the juvenile's parents to the victim of the juvenile's
2act.
Note: See the Note to s. 938.396 (1) (c) 6., stats., as created by this bill.
AB443, s. 537
3Section
537. 938.396 (2) (fm) of the statutes is renumbered 938.396 (2g) (fm).
AB443, s. 538
4Section
538. 938.396 (2) (g) of the statutes is renumbered 938.396 (2g) (g).
AB443, s. 539
5Section
539. 938.396 (2) (gm) of the statutes is renumbered 938.396 (2g) (gm).
AB443, s. 540
6Section
540. 938.396 (2) (h) of the statutes is renumbered 938.396 (2g) (h).
AB443, s. 541
7Section
541. 938.396 (2) (i) of the statutes is renumbered 938.396 (2g) (i).
AB443, s. 542
8Section
542. 938.396 (2) (j) of the statutes is renumbered 938.396 (2g) (j) and
9amended to read:
AB443,257,1610
938.396
(2g) (j)
Fire investigator. Upon request of a fire investigator under s.
11165.55 (15) to review court records for the purpose of pursuing an investigation under
12s. 165.55, the court shall open for inspection by authorized representatives of the
13requester the records of the court relating to any juvenile who has been adjudicated
14delinquent or found to be in need of protection or services under s. 938.13 (12) or (14)
15for a violation of s. 940.08, 940.24, 941.10, 941.11, 943.01, 943.012, 943.013, 943.02,
16943.03, 943.04, 943.05,
or 943.06 or for an attempt to commit any of those violations.
AB443, s. 543
17Section
543. 938.396 (2g) (intro.) of the statutes is created to read:
AB443,257,2118
938.396
(2g) Confidentiality of court records; exceptions. (intro.)
19Notwithstanding sub. (2), records of the court assigned to exercise jurisdiction under
20this chapter and ch. 48 and of courts exercising jurisdiction under s. 938.17 (2) may
21be disclosed as follows:
AB443, s. 544
22Section
544. 938.396 (2g) (ag) (title) of the statutes is created to read:
AB443,257,2323
938.396
(2g) (ag) (title)
Request of parent or juvenile.
AB443, s. 545
24Section
545. 938.396 (2g) (am) (title) of the statutes is created to read:
AB443,258,1
1938.396
(2g) (am) (title)
Permission of parent or juvenile.
AB443, s. 546
2Section
546. 938.396 (2g) (c) (title) of the statutes is created to read:
AB443,258,33
938.396
(2g) (c) (title)
Law enforcement agencies.
AB443, s. 547
4Section
547. 938.396 (2g) (d) (title) of the statutes is created to read:
AB443,258,55
938.396
(2g) (d) (title)
Bail; impeachment; firearm possession.
AB443, s. 548
6Section
548. 938.396 (2g) (dm) (title) of the statutes is created to read:
AB443,258,77
938.396
(2g) (dm) (title)
Delinquency or criminal defense.
AB443, s. 549
8Section
549. 938.396 (2g) (dr) (title) of the statutes is created to read:
AB443,258,99
938.396
(2g) (dr) (title)
Presentence investigation.
AB443, s. 550
10Section
550. 938.396 (2g) (e) (title) of the statutes is created to read:
AB443,258,1111
938.396
(2g) (e) (title)
Sexually violent person commitment.
AB443, s. 551
12Section
551. 938.396 (2g) (fm) (title) of the statutes is created to read:
AB443,258,1313
938.396
(2g) (fm) (title)
Victim's insurer.
AB443, s. 552
14Section
552. 938.396 (2g) (g) (title) of the statutes is created to read:
AB443,258,1515
938.396
(2g) (g) (title)
Paternity of juvenile.
AB443, s. 553
16Section
553. 938.396 (2g) (gm) (title) of the statutes is created to read:
AB443,258,1717
938.396
(2g) (gm) (title)
Other courts.
AB443, s. 554
18Section
554. 938.396 (2g) (h) (title) of the statutes is created to read:
AB443,258,1919
938.396
(2g) (h) (title)
Custody of juvenile.
AB443, s. 555
20Section
555. 938.396 (2g) (i) (title) of the statutes is created to read:
AB443,258,2121
938.396
(2g) (i) (title)
Probate court.
AB443, s. 556
22Section
556. 938.396 (2g) (m) (title) of the statutes is created to read:
AB443,258,2323
938.396
(2g) (m) (title)
Notification of juvenile's school.
AB443, s. 557
24Section
557. 938.396 (2m) (a) of the statutes is renumbered 938.396 (2g) (k)
25and amended to read:
AB443,259,7
1938.396
(2g) (k)
Serious juvenile offenders. Notwithstanding sub. (2), upon
2request, a Upon request of any person, the court shall open for inspection by the
3requester the records of the court, other than reports under s. 938.295 or 938.33 or
4other records that deal with sensitive personal information of the juvenile and the
5juvenile's family, relating to a juvenile who has been alleged to be delinquent for
6committing a violation specified in s. 938.34 (4h) (a). The requester may further
7disclose the information to anyone.
AB443, s. 558
8Section
558. 938.396 (2m) (b) of the statutes is renumbered 938.396 (2g) (L)
9and amended to read:
AB443,259,1810
938.396
(2g) (L)
Repeat offenders. Notwithstanding sub. (2), upon request, a
11Upon request of any person, the court shall open for inspection by the requester the
12records of the court, other than reports under s. 938.295 or 938.33 or other records
13that deal with sensitive personal information of the juvenile and the juvenile's
14family, relating to a juvenile who has been alleged to be delinquent for committing
15a violation that would be a felony if committed by an adult if the juvenile has been
16adjudicated delinquent at any time preceding the present proceeding and that
17previous adjudication remains of record and unreversed. The requester may further
18disclose the information to anyone.
AB443, s. 559
19Section
559. 938.396 (3) (title) of the statutes is created to read:
AB443,259,2020
938.396
(3) (title) M
otor vehicle violation records.