LRB-2710/4
GMM:lmk&bjk:jf
2007 - 2008 LEGISLATURE
January 10, 2008 - Introduced by Representatives Jeskewitz, Kestell,
Ziegelbauer, Grigsby, Ballweg, Vos, Albers, Hahn and Sinicki, cosponsored
by Senators Sullivan, Darling and Roessler. Referred to Committee on
Children and Family Law.
AB676,1,6
1An Act to repeal 938.396 (2g) (c);
to amend 48.396 (1), 48.396 (2) (a), 48.396 (2)
2(g), 938.396 (1) (a), 938.396 (2), 938.396 (2g) (d) and 938.396 (2g) (gm); and
to
3create 48.396 (2m) and 938.396 (2m) of the statutes;
relating to: disclosure of
4juvenile court records to other courts, law enforcement agencies, district
5attorneys and other prosecutors, and agencies providing services to a juvenile
6court and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, subject to certain exceptions, the records of the court
assigned to exercise jurisdiction under the Children's Code and the Juvenile Justice
Code (juvenile court) are confidential and may not be opened to inspection or their
contents disclosed except by order of the juvenile court. Currently, those exceptions
include exceptions that require a juvenile court to disclose its records as follows:
1. On the request of any other juvenile court, a municipal court, or a district
attorney, corporation counsel, or city, village, or town attorney (prosecutor) to review
juvenile court records for the purpose of any proceeding in that court.
2. On the request of a court of criminal jurisdiction or a district attorney to
review the juvenile court's records for the purpose of setting bail or impeaching a
witness.
3. On the request of a law enforcement agency to review the juvenile court's
records for the purpose of investigating alleged criminal gang activity.
This bill eliminates the requirement that a juvenile court, municipal court,
court of criminal jurisdiction, prosecutor, or law enforcement agency
request a
juvenile court record in order to inspect the record and expands the purposes for
which those persons may use and further disclose a juvenile court record. The bill
also opens juvenile court records for inspection by the Department of Health and
Family Services (DHFS), a county department of human services or social services
(county department), or a licensed child welfare agency providing services to a
juvenile court.
Specifically, the bill provides that the records of a juvenile court shall be open
for inspection by any other juvenile court, a municipal court, a court of criminal
jurisdiction, a prosecutor, a law enforcement agency, DHFS, a county department,
or a licensed child welfare agency providing services to a juvenile court and that
information obtained under the bill shall be kept confidential and may be used and
further disclosed as follows:
1. By a juvenile court, municipal court, or court of criminal jurisdiction, only
for the purpose of conducting or preparing for a proceeding in that court or as
permitted under current law.
2. By a prosecutor, only as necessary for the prosecutor to perform his or her
official duties relating to a proceeding in a juvenile court, municipal court, or court
of criminal jurisdiction.
3. By a law enforcement agency, only for the purpose of investigating any
alleged criminal activity or any activity that may result in a court exercising
jurisdiction under the Children's Code or the Juvenile Justice Code or as permitted
under current law.
4. By DHFS, a county department, or a licensed child welfare agency providing
services to a juvenile court, only for the purpose of providing services to the juvenile
court or as permitted under current law.
In addition, the bill provides for a forfeiture of not more than $5,000 for a person
who intentionally discloses information in violation of the bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB676, s. 1
1Section
1. 48.396 (1) of the statutes is amended to read:
AB676,3,162
48.396
(1) Law enforcement officers' records of children shall be kept separate
3from records of adults. Law enforcement officers' records of the adult expectant
4mothers of unborn children shall be kept separate from records of other adults. Law
5enforcement officers' records of children and the adult expectant mothers of unborn
6children shall not be open to inspection or their contents disclosed except under sub.
1(1b), (1d),
(2m) (b) 3., (5), or (6) or s. 48.293 or by order of the court. This subsection
2does not apply to the representatives of newspapers or other reporters of news who
3wish to obtain information for the purpose of reporting news without revealing the
4identity of the child or adult expectant mother involved, to the confidential exchange
5of information between the police and officials of the school attended by the child or
6other law enforcement or social welfare agencies, or to children 10 years of age or
7older who are subject to the jurisdiction of the court of criminal jurisdiction. A public
8school official who obtains information under this subsection shall keep the
9information confidential as required under s. 118.125 and a private school official
10who obtains information under this subsection shall keep the information
11confidential in the same manner as is required of a public school official under s.
12118.125. A law enforcement agency that obtains information under this subsection
13shall keep the information confidential as required under this subsection and s.
14938.396 (1) (a). A social welfare agency that obtains information under this
15subsection shall keep the information confidential as required under ss. 48.78 and
16938.78.
AB676, s. 2
17Section
2. 48.396 (2) (a) of the statutes is amended to read:
AB676,3,2318
48.396
(2) (a) Records of the court assigned to exercise jurisdiction under this
19chapter and ch. 938 and of courts exercising jurisdiction under s. 48.16 shall be
20entered in books or deposited in files kept for that purpose only.
They Those records 21shall not be open to inspection or their contents disclosed except by order of the court
22assigned to exercise jurisdiction under this chapter and ch. 938 or as permitted under
23this
section subsection, sub. (2m), or (6), or s. 48.375 (7) (e).
AB676, s. 3
24Section
3. 48.396 (2) (g) of the statutes is amended to read:
AB676,4,9
148.396
(2) (g) Upon request of
the attorney or guardian ad litem for a party to
2a proceeding in any court assigned to exercise jurisdiction under this chapter and ch.
3938
, or in any municipal court exercising jurisdiction under s. 938.17 (2)
, or a district
4attorney, corporation counsel, or city, village, or town attorney to review court records
5for the purpose of any proceeding in that court or upon request of the attorney or
6guardian ad litem for a party to a proceeding in that court to review court records for
7the purpose of that proceeding, the court shall open for inspection by any authorized
8representative of the requester the records of the court relating to any child who has
9been the subject of a proceeding under this chapter.
AB676, s. 4
10Section
4. 48.396 (2m) of the statutes is created to read:
AB676,4,1811
48.396
(2m) (a) Notwithstanding sub. (2) (a), records of a court assigned to
12exercise jurisdiction under this chapter and ch. 938 shall be open for inspection by
13any other court assigned to exercise jurisdiction under this chapter and ch. 938, a
14municipal court exercising jurisdiction under s. 938.17 (2), a court of criminal
15jurisdiction, a person representing the interests of the public under s. 48.09 or
16938.09, a district attorney, a law enforcement agency, the department, a county
17department, or a licensed child welfare agency providing services to a court under
18s. 48.06, 48.07, 938.06, or 938.07.
AB676,5,219
(b) 1. A court assigned to exercise jurisdiction under this chapter and ch. 938
20or a municipal court exercising jurisdiction under s. 938.17 (2) that obtains
21information under par. (a) shall keep the information confidential as required under
22sub. (2) (a) and s. 938.396 (2) and may use and further disclose the information only
23for the purpose of conducting or preparing for a proceeding in that court or as
24permitted under sub. (2) (a) or s. 938.396 (2). A court of criminal jurisdiction that
1obtains information under par. (a) may use and further disclose the information only
2for the purposes of conducting or preparing for a proceeding in that court.
AB676,5,93
2. A person representing the interests of the public under s. 48.09 or 938.09 or
4a district attorney that obtains information under par. (a) shall keep the information
5confidential and may use and further disclose the information only as necessary for
6the person or district attorney to perform his or her official duties relating to a
7proceeding in a court assigned to exercise jurisdiction under this chapter and ch. 938,
8a municipal court exercising jurisdiction under s. 938.17 (2), or a court of criminal
9jurisdiction.
AB676,5,1510
3. A law enforcement agency that obtains information under par. (a) shall keep
11the information confidential as required under sub. (1) and s. 938.396 (1) (a) and may
12use and further disclose the information only for the purpose of investigating any
13alleged criminal activity or any activity that may result in a court exercising
14jurisdiction under this chapter or ch. 938 or as permitted under sub. (1) or s. 938.396
15(1) (a).
AB676,5,2016
4. The department, a county department, or a licensed child welfare agency
17that obtains information under par. (a) shall keep the information confidential as
18required under ss. 48.78 and 938.78 and may use and further disclose the
19information only for the purpose of providing services to a court under s. 48.06, 48.07,
20938.06, or 938.07 or as permitted under s. 48.78 or 938.78.
AB676,5,2221
(c) Any person who intentionally discloses information in violation of par. (b)
22may be required to forfeit not more than $5,000.
AB676, s. 5
23Section
5. 938.396 (1) (a) of the statutes is amended to read:
AB676,6,224
938.396
(1) (a)
Confidentiality. Law enforcement agency records of juveniles
25shall be kept separate from records of adults. Law enforcement agency records of
1juveniles may not be open to inspection or their contents disclosed except under
, par.
2(b) or (c), sub. (1j),
(2m) (b) 3., or (10)
, or s. 938.293 or by order of the court.
AB676, s. 6
3Section
6. 938.396 (2) of the statutes is amended to read:
AB676,6,94
938.396
(2) Court records; confidentiality. Records of the court assigned to
5exercise jurisdiction under this chapter and ch. 48 and of municipal courts exercising
6jurisdiction under s. 938.17 (2) shall be entered in books or deposited in files kept for
7that purpose only. Those records shall not be open to inspection or their contents
8disclosed except by order of the court assigned to exercise jurisdiction under this
9chapter and ch. 48 or as permitted under sub. (2g)
, (2m), or (10).
AB676, s. 7
10Section
7. 938.396 (2g) (c) of the statutes is repealed.
AB676, s. 8
11Section
8. 938.396 (2g) (d) of the statutes is amended to read:
AB676,6,2112
938.396
(2g) (d)
Bail; impeachment; firearm possession Impeachment. Upon
13request of a court of
criminal jurisdiction or a district attorney to review court records
14for the purpose of setting bail under ch. 969, impeaching a witness under s. 906.09,
15or investigating and determining whether a person has possessed a firearm in
16violation of s. 941.29 (2) or body armor in violation of s. 941.291 (2) or upon request
17of a court of civil jurisdiction or the attorney for a party to a proceeding in that court
18to review court records for the purpose of impeaching a witness under s. 906.09, the
19court assigned to exercise jurisdiction under this chapter and ch. 48 shall open for
20inspection by authorized representatives of the requester the records of the court
21relating to any juvenile who has been the subject of a proceeding under this chapter.
AB676, s. 9
22Section
9. 938.396 (2g) (gm) of the statutes is amended to read:
AB676,7,823
938.396
(2g) (gm)
Other
Parties to a proceeding in other courts. Upon request
24of
the attorney or guardian ad litem for a party to a proceeding in any court assigned
25to exercise jurisdiction under this chapter and ch. 48
, or in any municipal court
1exercising jurisdiction under s. 938.17 (2)
, or a district attorney, corporation counsel,
2or city, village, or town attorney to review court records for the purpose of any
3proceeding in that court or upon request of the attorney or guardian ad litem for a
4party to a proceeding in that court to review court records for the purpose of that
5proceeding, the court assigned to exercise jurisdiction under this chapter and ch. 48
6or the municipal court exercising jurisdiction under s. 938.17 (2) shall open for
7inspection by any authorized representative of the requester its records relating to
8any juvenile who has been the subject of a proceeding under this chapter.
AB676, s. 10
9Section
10. 938.396 (2m) of the statutes is created to read:
AB676,7,1810
938.396
(2m) Confidentiality of court records; other exceptions. (a)
11Notwithstanding sub. (2), records of a court assigned to exercise jurisdiction under
12this chapter and ch. 48 shall be open for inspection by any other court assigned to
13exercise jurisdiction under this chapter and ch. 48 a municipal court exercising
14jurisdiction under s. 938.17 (2), a court of criminal jurisdiction, a person representing
15the interests of the public under s. 48.09 or 938.09, a district attorney, a law
16enforcement agency, the department of health and family services, a county
17department, or a licensed child welfare agency providing services to a court under
18s. 48.06, 48.07, 938.06, or 938.07.
AB676,8,219
(b) 1. A court assigned to exercise jurisdiction under this chapter and ch. 48 or
20a municipal court exercising jurisdiction under s. 938.17 (2) that obtains information
21under par. (a) shall keep the information confidential as required under sub. (2) and
22s. 48.396 (2) (a) and may use and further disclose the information only for the purpose
23of conducting or preparing for a proceeding in that court or as permitted under sub.
24(2) or s. 48.396 (2) (a). A court of criminal jurisdiction that obtains information under
1par. (a) may use and further disclose the information only for the purposes of
2conducting or preparing for a proceeding in that court.
AB676,8,93
2. A person representing the interests of the public under s. 48.09 or 938.09 or
4a district attorney that obtains information under par. (a) shall keep the information
5confidential and may use and further disclose the information only as necessary for
6the person or district attorney to perform his or her official duties relating to a
7proceeding in a court assigned to exercise jurisdiction under this chapter and ch. 48,
8a municipal court exercising jurisdiction under s. 938.17 (2), or a court of criminal
9jurisdiction.
AB676,8,1510
3. A law enforcement agency that obtains information under par. (a) shall keep
11the information confidential as required under sub. (1) (a) and s. 48.396 (1) and may
12use and further disclose the information only for the purpose of investigating any
13alleged criminal activity or any activity that may result in a court exercising
14jurisdiction under this chapter or ch. 48 or as permitted under sub. (1) (a) or s. 48.396
15(1).
AB676,8,2016
4. The department of health and family services, a county department, or a
17licensed child welfare agency that obtains information under par. (a) shall keep the
18information confidential as required under ss. 48.78 and 938.78 and may use and
19further disclose the information only for the purpose of providing services to a court
20under s. 48.06, 48.07, 938.06, or 938.07 or as permitted under s. 48.78 or 938.78.
AB676,8,2221
(c) Any person who intentionally discloses information in violation of par. (b)
22may be required to forfeit not more than $5,000.