AB443: Bill Text

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Note: The repealed language is included in s. 938.396 (1) (c) 3.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Note: The repealed language is included in s. 938.396 (1) (c) 3.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.

AB443, s. 553 Section 553. 938.396 (2g) (gm) (title) of the statutes is created to read:

AB443,258,17 938.396 (2g) (gm) (title) Other courts.

AB443, s. 554 Section 554. 938.396 (2g) (h) (title) of the statutes is created to read:

AB443,258,19 938.396 (2g) (h) (title) Custody of juvenile.

AB443, s. 555 Section 555. 938.396 (2g) (i) (title) of the statutes is created to read:

AB443,258,21 938.396 (2g) (i) (title) Probate court.

AB443, s. 556 Section 556. 938.396 (2g) (m) (title) of the statutes is created to read:

AB443,258,23 938.396 (2g) (m) (title) Notification of juvenile's school.

AB443, s. 557 Section 557. 938.396 (2m) (a) of the statutes is renumbered 938.396 (2g) (k) and amended to read:

AB443,259,7 938.396 (2g) (k) Serious juvenile offenders. Notwithstanding sub. (2), upon request, a Upon request of any person, the court shall open for inspection by the requester the records of the court, other than reports under s. 938.295 or 938.33 or other records that deal with sensitive personal information of the juvenile and the juvenile's family, relating to a juvenile who has been alleged to be delinquent for committing a violation specified in s. 938.34 (4h) (a). The requester may further disclose the information to anyone.

AB443, s. 558 Section 558. 938.396 (2m) (b) of the statutes is renumbered 938.396 (2g) (L) and amended to read:

AB443,259,18 938.396 (2g) (L) Repeat offenders. Notwithstanding sub. (2), upon request, a Upon request of any person, the court shall open for inspection by the requester the records of the court, other than reports under s. 938.295 or 938.33 or other records that deal with sensitive personal information of the juvenile and the juvenile's family, relating to a juvenile who has been alleged to be delinquent for committing a violation that would be a felony if committed by an adult if the juvenile has been adjudicated delinquent at any time preceding the present proceeding and that previous adjudication remains of record and unreversed. The requester may further disclose the information to anyone.

AB443, s. 559 Section 559. 938.396 (3) (title) of the statutes is created to read:

AB443,259,20 938.396 (3) (title) Motor vehicle violation records.

AB443, s. 560 Section 560. 938.396 (4) (title) of the statutes is created to read:

AB443,259,22 938.396 (4) (title) Operating privilege records.

AB443, s. 561 Section 561. 938.396 (5) (a) (intro.) of the statutes is renumbered 938.396 (1j) (a) (intro.) and amended to read:

AB443,260,4 938.396 (1j) (a) (intro.) Any person who is denied access to a record under sub. (1), (1b), (1d), (1g), (1m), (1r) or (1t) may petition the court to order the disclosure of the records governed by the applicable subsection record. The petition shall be in writing and shall describe as specifically as possible all of the following:

AB443, s. 562 Section 562. 938.396 (5) (a) 1. to 5. of the statutes are renumbered 938.396 (1j) (a) 1. to 5.

AB443, s. 563 Section 563. 938.396 (5) (b) of the statutes is renumbered 938.396 (1j) (b) and amended to read:

AB443,260,14 938.396 (1j) (b) If the petitioner is seeking access to a record under sub. (1), (1b), (1d), (1g), (1m) (c) or (d), (1r), or (1t) Subject to par. (bm), the court, on receipt of a petition, shall notify the juvenile, the juvenile's counsel, the juvenile's parents, and appropriate law enforcement agencies in writing of the petition. If any person notified objects to the disclosure, the court may hold a hearing to take evidence relating to the petitioner's need for the disclosure.

AB443, s. 564 Section 564. 938.396 (5) (bm) of the statutes is renumbered 938.396 (1j) (bm) and amended to read:

AB443,261,2 938.396 (1j) (bm) If the petitioner is seeking access to a record under sub. (1m) (a), (am), (ar), or (b) (1) (c) 3., the court shall, without notice or hearing, make the inspection and determinations specified in par. (c) and, if the court determines that disclosure is warranted, shall order disclosure under par. (d). The petitioner shall provide a copy of the disclosure order to the law enforcement agency that denied access to the record, the juvenile, the juvenile's counsel, and the juvenile's parents. Any of those persons may obtain a hearing on the court's determinations by filing a motion to set aside the disclosure order within 10 days after receipt of the order. If no motion is filed within those 10 days or if, after hearing, the court determines that no good cause has been shown for setting aside the order, the law enforcement agency shall disclose the juvenile's record as ordered.

AB443, s. 565 Section 565. 938.396 (5) (c) (intro.), 1 and 2. of the statutes are renumbered 938.396 (1j) (c) (intro.), 1. and 2.

AB443, s. 566 Section 566. 938.396 (5) (c) 3. of the statutes is renumbered 938.396 (1j) (c) 3. and amended to read:

AB443,261,10 938.396 (1j) (c) 3. If the petitioner is a person who was denied access to a record under sub. (1m) (a), (am), (ar), or (b) (1) (c) 3., the petitioner's legitimate educational interests, including safety interests, in the information against society's interest in protecting its confidentiality.

AB443, s. 567 Section 567. 938.396 (5) (d) and (e) of the statutes are renumbered 938.396 (1j) (d) and (e).

AB443, s. 568 Section 568. 938.396 (6) of the statutes is repealed.