AB210: Bill Text

AB210,70,6 939.632 (1) (a) "School" means a public school, parochial or private school, or tribal school, as defined in s. 115.001 (15m), that provides an educational program for one or more grades between grades 1 and 12 and that is commonly known as an elementary school, middle school, junior high school, senior high school, or high school.

AB210,70,9 (d) 3. On a school bus or public transportation transporting students to and from a public or private school or to and from a tribal school, as defined in s. 115.001 (15m).

Note: Current statutes provide an enhanced penalty for violent crimes committed in a school zone, which includes on the premises of or within 1,000 feet of the school premises, on a school bus or public transportation transporting pupils to and from school, and at school bus stops. This Section adds tribal schools to the definition of a "school" for the purpose of the penalty enhancement.

AB210, s. 115 Section 115 . 944.21 (8) (b) 2. of the statutes is amended to read:

AB210,70,12 944.21 (8) (b) 2. A private school, as defined in s. 115.001 (3r), or a tribal school, as defined in s. 115.001 (15m).

Note: Provides that an employee, member of the board of directors, or trustee of a tribal school, while in his or her capacity as such, may not be prosecuted under s. 944.21, stats. (crimes relating to obscene materials or performance).

AB210, s. 116 Section 116 . 948.095 (1) (a) of the statutes is amended to read:

AB210,70,15 948.095 (1) (a) "School" means a public or private elementary or secondary school, or a tribal school, as defined in s. 115.001 (15m).

Note: Current statutes provide that it is a class H felony for school staff at a public or private school to have sexual contact or sexual intercourse with a child who is age 16 or 17. This Section adds tribal schools to the definition of "school" for this purpose. (Current law also provides that it is a class H felony for a person age 21 or older who works or volunteers with children to have sexual contact or sexual intercourse with a 16- or 17-year old child with whom the person works or interacts as a volunteer.)

AB210, s. 117 Section 117 . 948.11 (4) (b) 2. of the statutes is amended to read:

AB210,71,2 948.11 (4) (b) 2. A private school, as defined in s. 115.001 (3r), or a tribal school, as defined in s. 115.001 (15m).

Note: Provides that an employee, member of the board of directors, or trustee of a tribal school, while in his or her capacity as such, may not be prosecuted under s. 948.11, stats. (crimes relating to exposing a child to harmful material or harmful descriptions or narrations).

AB210, s. 118 Section 118 . 948.50 (2) (a) of the statutes is amended to read:

AB210,71,8 948.50 (2) (a) "School" means a public school, parochial or private school, or tribal school, as defined in s. 115.001 (15m), which provides an educational program for one or more grades between kindergarten and grade 12 and which is commonly known as a kindergarten, elementary school, middle school, junior high school, senior high school, or high school.

Note: Current statutes provide a criminal penalty for strip searches of pupils by school employees. This Section adds tribal schools to the definition of school for this purpose. [Section 118.32, stats. (prohibiting strip searches), refers to schools without further definition, and the definition is supplied by s. 948.50, stats.]

AB210, s. 119 Section 119 . 948.61 (1) (b) of the statutes is amended to read:

AB210,71,14 948.61 (1) (b) "School" means a public school, parochial or private school, or tribal school, as defined in s. 115.001 (15m), which provides an educational program for one or more grades between grades 1 and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school, or high school.

Note: Current law in s. 948.61, stats., provides a criminal penalty for possessing (subject to certain exceptions) certain dangerous weapons other than firearms on school premises. Current law in s. 948.605, stats., prohibits (subject to certain exceptions) possession of a firearm in or on the grounds of a school or within 1,000 feet of a school (school zone) and provides certain criminal penalties under certain circumstances for the discharge of a firearm in a school zone. This Section adds tribal schools to the definition of "school" for both of these statutes inasmuch as s. 948.605, stats., cross-references the definition in s. 948.61, stats. Under s. 938.34 (14q), stats., additional consequences for a delinquency disposition also may apply for firearms violation on school premises. Under s. 973.137, stats., information about a conviction must be forwarded to DOT.

AB210, s. 120 Section 120 . 961.49 (1m) (b) 6. of the statutes is amended to read:

AB210,72,2 961.49 (1m) (b) 6. Any private or public school premises and any premises of a tribal school, as defined in s. 115.001 (15m).

Note: Current statutes provide a criminal penalty for possessing controlled substances (certain drugs) on or within 1,000 feet of a school. This Section specifies that possession on or within 1,000 feet of the premises of a tribal school is included in that crime.

AB210, s. 121 Section 121 . 961.495 of the statutes is amended to read:

AB210,72,22 961.495 Possession or attempted possession of a controlled substance on or near certain places. If any person violates s. 961.41 (3g) by possessing or attempting to possess a controlled substance included in schedule I or II, a controlled substance analog of a controlled substance included in schedule I or II or ketamine or flunitrazepam while in or on the premises of a scattered-site public housing project, while in or on or otherwise within 1,000 feet of a state, county, city, village, or town park, a jail or correctional facility, a multiunit public housing project, a swimming pool open to members of the public, a youth center or a community center, while in or on or otherwise within 1,000 feet of any private or public school premises or of any premises of a tribal school, as defined in s. 115.001 (15m), or while in or on or otherwise within 1,000 feet of a school bus, as defined in s. 340.01 (56), the court shall, in addition to any other penalties that may apply to the crime, impose 100 hours of community service work for a public agency or a nonprofit charitable organization. The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored. Any organization or agency acting in good faith to which a defendant is assigned pursuant to an order under this section has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the defendant.

Note: Current statutes provide that for possessing certain drugs on the premises of or within 1,000 feet of a school, the court must additionally impose 100 hours of community service work for a public agency or a nonprofit charitable organization. This Section specifies that the penalty enhancement also applies for possession on or within 1,000 feet of the premises of a tribal school.

AB210, s. 122 Section 122. Initial applicability.

AB210,73,3 (1) The treatment of sections 15.377 (4) (f) and (8) (c) 14. and 15.57 (3) of the statutes first applies to appointments made on the effective date of this subsection.

AB210,73,5 (2) The treatment of section 45.20 (2) (a) 1., (c) 1., and (d) 1. of the statutes first applies to courses completed on the effective date of this subsection.

AB210,73,8 (3) The treatment of sections 48.345 (12) (a) 5., 48.355 (2) (c), 938.34 (7d) (a) 5., 938.342 (1r), 938.355 (2) (c), and 938.396 (2g) (m) 2. to 6. of the statutes first applies to dispositional orders issued on the effective date of this subsection.

AB210,73,10 (4) The treatment of section 938.396 (2g) (m) 1. of the statutes first applies to petitions filed on the effective date of this subsection.

AB210,73,11 (End)