SB301,104,103 938.371 (3) (d) Any involvement of the juvenile, whether as victim or
4perpetrator, in sexual intercourse or sexual contact in violation of s. 940.225, 948.02,
5948.025, or 948.085, prostitution in violation of s. 944.30, sexual exploitation of a
6child in violation of s. 948.05, or causing a child to view or listen to sexual activity
7in violation of s. 948.055, if the information is necessary for the care of the juvenile
8or for the protection of any person living in the foster home, treatment foster home,
9group home, residential care center for children and youth, or juvenile correctional
10facility. juvenile
Note: "Juvenile" was inserted by 2005 Wis. Act 344 but rendered surplusage by
the treatment by 2005 Wis Act 232.
SB301, s. 295 11Section 295. 938.371 (4) (title) of the statutes is created to read:
SB301,104,1212 938.371 (4) (title) Disclosure before placement permitted.
Note: The other subsections of s. 938.371 have titles.
SB301, s. 296 13Section 296. 938.371 (5) of the statutes is amended to read:
SB301,104,2014 938.371 (5) Confidentiality of information. Except as permitted under s.
15252.15 (6), a foster parent, treatment foster parent, relative, or operator of a group
16home, residential care center for children and youth, or secured juvenile correctional
17facility that receives any information under sub. (1) or (3), other than the information
18described in sub. (3) (e), shall keep the information confidential and may disclose that
19information only for the purposes of providing care for the juvenile or participating
20in a court hearing or permanency plan review concerning the juvenile.
Note: The term "secured correctional facility" was changed to "juvenile
correctional facility" by 2005 Wis. Act 344. Also, the other subsections of s. 938.371 have
titles.
SB301, s. 297
1Section 297. 938.38 (4) (ar) of the statutes, as affected by 2005 Wisconsin Act
2344
, is amended to read:
SB301,105,103 938.38 (4) (ar) A description of the services offered and any services provided
4in an effort to prevent the removal of the juvenile from his or her home, while
5assuring that the health and safety of the juvenile are the paramount concerns, and
6to achieve the goal of the permanency plan, except that the permanency plan is not
7required to include a description of the services offered or provided with respect to
8a parent of the juvenile to prevent the removal of the juvenile from the home or to
9achieve the permanency plan goal of returning the juvenile safely to his or her home
10if any of the circumstances under in s. 938.355 (2d) (b) 1. to 4. apply to that parent.
Note: Deletes "in" rendered surplusage by 2005 Wis. Act 344.
SB301, s. 298 11Section 298. 938.396 (1) (a) of the statutes, as affected by 2005 Wisconsin Act
12344
, section 509, and 2005 Wisconsin Act 434, is amended to read:
SB301,105,1613 938.396 (1) (a) Confidentiality. Law enforcement agency records of juveniles
14shall be kept separate from records of adults. Law enforcement agency records of
15juveniles may not be open to inspection or their contents disclosed except under, par.
16(b) or (c), sub. (1j), or (10), or s. 938.293 or by order of the court.
Note: Inserts serial comma.
SB301, s. 299 17Section 299. 938.396 (1j) (a) (intro.) of the statutes, as affected by 2005
18Wisconsin Act 344
, section 561, and 2005 Wisconsin Act 434, section 42, is amended
19to read:
SB301,105,2320 938.396 (1j) (a) (intro.) Any person who is denied access to a record under sub.
21(1),, (a) or (10) may petition the court to order the disclosure of the record. The
22petition shall be in writing and shall describe as specifically as possible all of the
23following:

Note: Deletes commas inserted by 2005 Wis. Act 434 but rendered surplusage by
2005 Wis. Act 344. Act 344 renumbered s. 938.396 (1) to s. 938.396 (1) (a) and changed
other cross-references to s. 938.396 (1) (a) accordingly.
SB301, s. 300 1Section 300. 938.396 (2) of the statutes, as affected by 2005 Wisconsin Act 344,
2is amended to read:
SB301,106,83 938.396 (2) Court records; confidentiality. Records of the court assigned to
4exercise jurisdiction under this chapter and ch. 48 and of municipal courts exercising
5jurisdiction under s. 938.17 (2) shall be entered in books or deposited in files kept for
6that purpose only. Those records shall not be open to inspection or their contents
7disclosed except by order of the court assigned to exercise jurisdiction under this
8chapter and ch. 48 or as permitted under sub. (2g) or (10).
Note: Act 344 renumbered s. 938.396 (2) (e) to s. 938.396 (2g) (e), but then Act 434
renumbered s. 938.396 (2) (e) as s. 938.391 (10). Accordingly, s. 938.396 (2) needs a
cross-reference to s. 938.396 (10) for completeness.
SB301, s. 301 9Section 301. 938.534 (1) (b) 1. of the statutes, as affected by 2005 Wisconsin
10Act 344
, is amended to read:
SB301,107,711 938.534 (1) (b) 1. Notwithstanding ss. 938.19 to 938.21, but subject to any
12general written policies adopted by the court under s. 938.06 (1) or (2) and to any
13policies adopted by the county board relating to the taking into custody and
14placement of a juvenile under this subdivision, if a juvenile violates a condition of the
15his or her participation in the program, the juvenile's caseworker or any other person
16authorized to provide or providing intake or dispositional services for the court under
17s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place
18the juvenile in a juvenile detention facility or juvenile portion of a county jail that
19meets the standards promulgated by the department by rule or in a place of
20nonsecure custody designated by that person for not more than 72 hours while the
21alleged violation and the appropriateness of a sanction under s. 938.355 (6) or a

1change in the conditions of the juvenile's participation in the program are being
2investigated. Short-term detention under this subdivision may be imposed only if
3at the dispositional hearing the court explained those conditions to the juvenile and
4informed the juvenile of that possible placement or if before the violation the juvenile
5has acknowledged in writing that he or she has read, or has had read to him or her,
6those conditions and that possible placement and that he or she understands those
7conditions and that possible placement.
Note: Deletes "the" rendered surplusage by 2005 Wis. Act 344.
SB301, s. 302 8Section 302. 938.57 (1) (c) of the statutes, as affected by 2005 Wisconsin Acts
925
and 344, is amended to read:
SB301,107,2310 938.57 (1) (c) Provide appropriate protection and services for juveniles in its
11care, including providing services for juveniles and their families in their own homes,
12placing the juveniles in licensed foster homes, licensed treatment foster homes, or
13licensed group homes in this state or another state within a reasonable proximity to
14the agency with legal custody, placing the juveniles in the homes of guardians under
15s. 48.977 (2), contracting for services for them by licensed child welfare agencies, or
16replacing them in juvenile correctional facilities or secured, residential care centers
17for children and youth in accordance with rules promulgated under ch. 227, except
18that the county department may not purchase the educational component of private
19day treatment programs unless the county department, the school board, as defined
20in s. 115.001 (7), and the state superintendent of public instruction determine that
21an appropriate public education program is not available. Disputes between the
22county department and the school district shall be resolved by the state
23superintendent of public instruction.

Note: Deletes comma inserted by 2005 Wis. Act 25 but rendered surplusage by
2005 Wis. Act 344.
SB301, s. 303 1Section 303. 938.57 (2m) (title) of the statutes is created to read:
SB301,108,22 938.57 (2m) (title) Notice of change of county of residence.
Note: The other subsections of s. 938.57 have titles.
SB301, s. 304 3Section 304. 938.57 (3) (a) 4. of the statutes, as affected by 2005 Wisconsin Act
425
, is amended to read:
SB301,108,75 938.57 (3) (a) 4. Is living in a foster home, treatment foster home, group home,,
6residential care center for children and youth, or subsidized guardianship home
7under s. 48.62 (5).
Note: Deletes unnecessary comma inserted by 2005 Wis. Act 25. The correct
punctuation is shown in the printed statutes.
SB301, s. 305 8Section 305. The treatment of 938.78 (2) (a) of the statutes by 2005 Wisconsin
9Act 293
is not repealed by 2005 Wisconsin Act 344. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor, s. 938.78 (2) (a)
reads:
(a) No agency may make available for inspection or disclose the contents of any
record kept or information received about an individual who is or was in its care or legal
custody, except as provided under sub. (3) or s. 938.371, 938.38 (5) (b) or (d) or (5m) (d),
938.51, or 938.57 (2m) or by order of the court.
SB301, s. 306 10Section 306. The treatment of 938.78 (3) of the statutes by 2005 Wisconsin Act
11277
is not repealed by 2005 Wisconsin Act 344. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor, s. 938.78 (3)
reads:
(3) Release of information when escape or absence; rules. If a juvenile adjudged
delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need of protection or
services under s. 48.13 (12), 1993 stats., or s. 48.13 (14), 1993 stats., or s. 938.13 (12) or
(14) on the basis of a violation of s. 943.23 (1m) or (1r), 1999 stats., or s. 941.10, 941.11,
941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295, 941.298,
941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), 943.32
(2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.085 (2), 948.60, 948.605, or 948.61 or
any crime specified in ch. 940 has escaped from a juvenile correctional facility, residential
care center for children and youth, inpatient facility, as defined in s. 51.01 (10), juvenile
detention facility, or juvenile portion of a county jail, or from the custody of a peace officer
or a guard of such a facility, center, or jail, or has been allowed to leave a juvenile
correctional facility, residential care center for children and youth, inpatient facility,
juvenile detention facility, or juvenile portion of a county jail for a specified time period
and is absent from the facility, center, home, or jail for more than 12 hours after the

expiration of the specified period, the department or county department having
supervision over the juvenile may release the juvenile's name and any information about
the juvenile that is necessary for the protection of the public or to secure the juvenile's
return to the facility, center, home, or jail. The department shall promulgate rules
establishing guidelines for the release of the juvenile's name or information about the
juvenile to the public.
SB301, s. 307 1Section 307. 939.10 of the statutes is amended to read:
SB301,109,5 2939.10 Common-law Common law crimes abolished; common-law
3common law rules preserved. Common-law Common law crimes are abolished.
4The common-law common law rules of criminal law not in conflict with chs. 939 to
5951 are preserved.
Note: Eliminates hyphen for consistent treatment with the remainder of the
statutes.
SB301, s. 308 6Section 308. The treatment of 939.22 (34) of the statutes by 2005 Wisconsin
7Act 273
is not repealed by 2005 Wisconsin Act 435. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor, s. 939.22 (34)
reads:
(34) "Sexual contact" means any of the following if done for the purpose of sexual
humiliation, degradation, arousal, or gratification:
(a) The intentional touching by the defendant or, upon the defendant's instruction,
by a third person of the clothed or unclothed intimate parts of another person with any
part of the body, clothed or unclothed, or with any object or device.
(b) The intentional touching by the defendant or, upon the defendant's instruction,
by a third person of any part of the body, clothed or unclothed, of another person with the
intimate parts of the body, clothed or unclothed.
(c) The intentional penile ejaculation of ejaculate or the intentional emission of
urine or feces by the defendant or, upon the defendant's instruction, by a third person
upon any part of the body, clothed or unclothed, of another person.
(d) Intentionally causing another person to ejaculate or emit urine or feces on any
part of the actor's body, whether clothed or unclothed.
SB301, s. 309 8Section 309. 939.617 of the statutes, as created by 2005 Wisconsin Act 430,
9is renumbered 939.616.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act
433
also created a provision numbered s. 939.617.
SB301, s. 310 10Section 310. The treatment of 939.74 (2) (c) of the statutes by 2005 Wisconsin
11Act 276
is not repealed by 2005 Wisconsin Act 277. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor, s. 939.74 (2) (c)
reads:

(c) A prosecution for violation of s. 948.02 (2), 948.025 (1) (b), 948.03 (2) (a), 948.05,
948.06, 948.07 (1), (2), (3), or (4), 948.075, 948.08, 948.085, or 948.095 shall be commenced
before the victim reaches the age of 45 years or be barred, except as provided in sub. (2d)
(c).
SB301, s. 311 1Section 311. The treatment of 941.291 (1) (b) of the statutes by 2005 Wisconsin
2Act 212
is not repealed by 2005 Wisconsin Act 277. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor, s. 941.291 (1)
(b) reads:
(b) "Violent felony" means any felony, or the solicitation, conspiracy, or attempt to
commit any felony, under s. 943.23 (1m) or (1r), 1999 stats., or s. 940.01, 940.02, 940.03,
940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.20, 940.201, 940.203, 940.21,
940.225, 940.23, 940.285 (2), 940.29, 940.295 (3), 940.30, 940.305, 940.31, 940.43 (1) to
(3), 940.45 (1) to (3), 941.20, 941.26, 941.28, 941.29, 941.30, 941.327, 943.01 (2) (c),
943.011, 943.013, 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), 943.32, 943.81, 943.82,
943.83, 943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 946.43, 947.015, 948.02 (1) or (2),
948.025, 948.03, 948.04, 948.05, 948.06, 948.07, 948.08, 948.085, or 948.30; or, if the
victim is a financial institution, as defined in s. 943.80 (2), a felony, or the solicitation,
conspiracy, or attempt to commit a felony under s. 943.84 (1) or (2).
SB301, s. 312 3Section 312. 941.38 (1) (b) 21. of the statutes, as created by 2005 Wisconsin
4Act 277
, is renumbered 941.38 (1) (b) 21m.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act
212
also created a provision numbered 941.38 (1) (b) 21.
SB301, s. 313 5Section 313. The treatment of 946.42 (1) (a) of the statutes by 2005 Wisconsin
6Act 344
is not repealed by 2005 Wisconsin Act 434. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor, s. 946.42 (1) (a)
reads:
(a) "Custody" includes without limitation actual custody of an institution,
including a juvenile correctional facility, as defined in s. 938.02 (10p), a secured
residential care center for children and youth, as defined in s. 938.02 (15g), a juvenile
detention facility, as defined in s. 938.02 (10r), a Type 2 residential care center for
children and youth, as defined in s. 938.02 (19r), a facility used for the detention of
persons detained under s. 980.04 (1), a facility specified in s. 980.065, or a juvenile portion
of a county jail, or actual custody of a peace officer or institution guard. "Custody" also
includes the constructive custody of persons placed on supervised release under ch. 980
and constructive custody of prisoners and juveniles subject to an order under s. 48.366,
938.183, 938.34 (4d), (4h), or (4m), or 938.357 (4) or (5) (e) temporarily outside the
institution whether for the purpose of work, school, medical care, a leave granted under
s. 303.068, a temporary leave or furlough granted to a juvenile, or otherwise. Under s.
303.08 (6) it means, without limitation, that of the sheriff of the county to which the
prisoner was transferred after conviction. It does not include the custody of a probationer,
parolee, or person on extended supervision by the department of corrections or a
probation, extended supervision, or parole officer or the custody of a person who has been
released to aftercare supervision under ch. 938 unless the person is in actual custody or
is subject to a confinement order under s. 973.09 (4).
SB301, s. 314
1Section 314. 948.085 (2) 1., 2. and 3. of the statutes, as created by 2005
2Wisconsin Act 277
, are renumbered 948.085 (2) (a), (b) and (c).
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b) correcting a
numbering error.
SB301, s. 315 3Section 315 . 948.095 (3) (d) of the statutes, as created by 2005 Wisconsin Act
4274
, is renumbered 948.095 (3) (d) (intro.) and amended to read:
SB301,111,85 948.095 (3) (d) (intro.) Evidence that a person engages in an occupation or
6participates in a volunteer position relating to any of the following is prima facie
7evidence that the occupation or position requires him or her to work or interact
8directly with children: teaching
SB301,111,9 91. Teaching children, child.
SB301,111,10 102. Child care, youth.
SB301,111,11 113. Youth counseling, youth.
SB301,111,12 124. Youth organization, coaching.
SB301,111,13 135. Coaching children, parks.
SB301,111,14 146. Parks or playground recreation, or school.
SB301,111,15 157. School bus driving.
Note: Renumbers provision pursuant to s. 13.93 (1) (a) and (b) to place a series in
tabular form for consistency with current style and improved readability.
SB301, s. 316 16Section 316. 948.13 (3) of the statutes is renumbered 948.13 (3) (intro.) and
17amended to read:
SB301,111,2118 948.13 (3) (intro.) Evidence that a person engages in an occupation or
19participates in a volunteer position relating to any of the following is prima facie
20evidence that the occupation or position requires him or her to work or interact
21primarily and directly with children under 16 years of age: teaching
SB301,111,22 22(a) Teaching children, child.
SB301,112,1
1(b) Child care, youth.
SB301,112,2 2(c) Youth counseling, youth.
SB301,112,3 3(d) Youth organization, coaching.
SB301,112,4 4(e) Coaching children, parks.
SB301,112,5 5(f) Parks or playground recreation or school.
SB301,112,6 6(g) School bus driving.
Note: Renumbers provision pursuant to s. 13.93 (1) (a) and (b) to place a series in
tabular form for consistency with current style and improved readability.
SB301, s. 317 7Section 317. The treatment of 949.03 (1) (b) of the statutes by 2005 Wisconsin
8Act 212
is not repealed by 2005 Wisconsin Act 277. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor, s. 949.03 (1) (b)
reads:
(b) The commission or the attempt to commit any crime specified in s. 346.62 (4),
346.63 (2) or (6), 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.09, 940.10,
940.19, 940.20, 940.201, 940.21, 940.22 (2), 940.225, 940.23, 940.24, 940.25, 940.285,
940.29, 940.30, 940.305, 940.31, 940.32, 941.327, 943.02, 943.03, 943.04, 943.10, 943.20,
943.23 (1g), 943.32, 943.81, 943.86, 943.87, 948.02, 948.025, 948.03, 948.04, 948.07,
948.085, 948.095, 948.20, 948.30 or 948.51.
SB301, s. 318 9Section 318. 950.04 (1v) (m) of the statutes is amended to read:
SB301,112,1210 950.04 (1v) (m) To provide statements concerning sentencing, disposition, or
11parole, as provided under ss. 304.06 (1) (e), 938.32 (1) (b) 1. 1g., 938.335 (3m) (a) (ag),
12and 972.14 (3) (a).
Note: Corrects cross-reference. The substance of s. 938.32 (1) (b) 1. was moved
to s. 938.32 (1) (b) 1g. and the substance of s. 938.335 (3m) (a) was moved to s. 938.335
(3m) (ag) by 2005 Wis. Act 344.
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