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SB173-SSA1, s. 1 1Section 1. 48.396 (1) of the statutes is amended to read:
SB173-SSA1,4,2
148.396 (1) Law enforcement officers' records of children shall be kept separate
2from records of adults. Law enforcement officers' records of the adult expectant
3mothers of unborn children shall be kept separate from records of other adults. Law
4enforcement officers' records of children and the adult expectant mothers of unborn
5children shall not be open to inspection or their contents disclosed except under sub.
6(1b), (1d), (5), or (6) or s. 48.293 or 938.396 (2m) (c) 1p. or by order of the court. This
7subsection does not apply to the representatives of newspapers or other reporters of
8news who wish to obtain information for the purpose of reporting news without
9revealing the identity of the child or adult expectant mother involved, to the
10confidential exchange of information between the police and officials of the public or
11private school attended by the child or other law enforcement or social welfare
12agencies, or to children 10 years of age or older who are subject to the jurisdiction of
13the court of criminal jurisdiction. A public school official who obtains information
14under this subsection shall keep the information confidential as required under s.
15118.125, and a private school official who obtains information under this subsection
16shall keep the information confidential in the same manner as is required of a public
17school official under s. 118.125. This subsection does not apply to the confidential
18exchange of information between the police and officials of the tribal school attended
19by the child if the police determine that enforceable protections are provided by a
20tribal school policy or tribal law that requires tribal school officials to keep the
21information confidential in a manner at least as stringent as is required of a public
22school official under s. 118.125. A law enforcement agency that obtains information
23under this subsection shall keep the information confidential as required under this
24subsection and s. 938.396 (1) (a). A social welfare agency that obtains information

1under this subsection shall keep the information confidential as required under ss.
248.78 and 938.78.
SB173-SSA1, s. 2 3Section 2. 48.396 (2) (a) of the statutes is amended to read:
SB173-SSA1,4,104 48.396 (2) (a) Records of the court assigned to exercise jurisdiction under this
5chapter and ch. 938 and of courts exercising jurisdiction under s. 48.16 shall be
6entered in books or deposited in files kept for that purpose only. They Those records
7shall not be open to inspection or their contents disclosed except by order of the court
8assigned to exercise jurisdiction under this chapter and ch. 938 or as required or
9permitted under this subsection, sub. (3) (b) or (c) 1. 1g., 1m., or 1r. or (6), or s. 48.375
10(7) (e).
SB173-SSA1, s. 3 11Section 3. 48.396 (2) (e) of the statutes is created to read:
SB173-SSA1,4,1812 48.396 (2) (e) Upon request of a court of criminal jurisdiction to review court
13records for the purpose of conducting or preparing for a proceeding in that court or
14upon request of a district attorney to review court records for the purpose of
15performing his or her official duties in a proceeding in a court of criminal jurisdiction,
16the court assigned to exercise jurisdiction under this chapter and ch. 938 shall open
17for inspection by authorized representatives of the requester the records of the court
18relating to any child who has been the subject of a proceeding under this chapter.
SB173-SSA1, s. 4 19Section 4. 48.396 (3) (b) of the statutes is amended to read:
SB173-SSA1,5,520 48.396 (3) (b) The court may shall transfer to the department information
21relating to proceedings under this chapter that is contained in the electronic records
22of the court to any other court assigned to exercise jurisdiction under this chapter and
23ch. 938, a municipal court exercising jurisdiction under s. 938.17 (2), a court of
24criminal jurisdiction, a person representing the interests of the public under s. 48.09
25or 938.09, a district attorney prosecuting a criminal case, or the department
,

1regardless of whether that other court, municipal court, or person or the department
2is a party to or is otherwise involved in the proceedings in which the electronic
3records containing that information were created, and the. The director of state
4courts may use the circuit court automated information systems established under
5s. 758.19 (4) to facilitate the transfer of electronic records under this paragraph.
SB173-SSA1,5,13 6(bm) The department may transfer to the court information contained in the
7electronic records of the department that are maintained in the statewide automated
8child welfare information system under s. 48.47 (7g). The director of state courts may
9use the circuit court automated information systems established under s. 758.19 (4)
10to facilitate the transfer of those electronic records between from the department to
11the court and the department. The director of state courts and the department shall
12specify what types of information may be transferred from the department to the
13court
under this paragraph and from the court to the department under par. (b).
SB173-SSA1, s. 5 14Section 5. 48.396 (3) (c) 1. of the statutes is renumbered 48.396 (3) (c) 1r. and
15amended to read:
SB173-SSA1,5,2216 48.396 (3) (c) 1r. The department may allow access to shall keep any
17information transferred to the department under par. (b) confidential and may use
18or allow access to that information
only for the purpose of providing services under
19s. 48.06, 48.067, 48.069, 938.06, 938,067 938.067, or 938.069. The department may
20allow that access regardless of whether the person who is allowed that access is a
21party to or is otherwise involved in the proceedings in which the electronic records
22containing that information were created.
SB173-SSA1, s. 6 23Section 6. 48.396 (3) (c) 1g. of the statutes is created to read:
SB173-SSA1,6,624 48.396 (3) (c) 1g. A court assigned to exercise jurisdiction under this chapter
25and ch. 938, a municipal court exercising jurisdiction under s. 938.17 (2), or a court

1of criminal jurisdiction shall keep any information transferred to that court under
2par. (b) confidential and may use or allow access to that information only for the
3purpose of conducting or preparing for a proceeding in that court. That court may
4allow that access regardless of whether the person who is allowed that access is a
5party to or is otherwise involved in the proceedings in which the electronic records
6containing that information were created.
SB173-SSA1, s. 7 7Section 7. 48.396 (3) (c) 1m. of the statutes is created to read:
SB173-SSA1,6,168 48.396 (3) (c) 1m. A person representing the interests of the public under s.
948.09 or 938.09 or a district attorney prosecuting a criminal case shall keep any
10information transferred to that person under par. (b) confidential and may use or
11allow access to that information only for the purpose of performing his or her official
12duties relating to a proceeding in a court assigned to exercise jurisdiction under this
13chapter and ch. 938 or a municipal court. That person may allow that access
14regardless of whether the person who is allowed that access is a party to or is
15otherwise involved in the proceedings in which the electronic records containing that
16information were created.
SB173-SSA1, s. 8 17Section 8. 48.396 (3) (c) 2. of the statutes is amended to read:
SB173-SSA1,6,2018 48.396 (3) (c) 2. The court or the director of state courts may allow access to any
19information transferred to the court under par. (b) (bm) only to the extent that the
20information may be disclosed under this chapter or ch. 938.
SB173-SSA1, s. 9 21Section 9. 48.396 (3) (c) 3. of the statutes is amended to read:
SB173-SSA1,7,222 48.396 (3) (c) 3. The department, a court, the director of state courts, and any
23An individual who is allowed under subd. 1g., 1m., 1r., or 2. to have access to any
24information transferred under par. (b) or (bm) shall keep the information
25confidential and may use and further disclose the information only for the purpose

1purposes described in subd. 1. 1g., 1m., or 1r. or to the extent permitted under subd.
22.
SB173-SSA1, s. 10 3Section 10. 48.396 (3) (d) of the statutes is amended to read:
SB173-SSA1,7,54 48.396 (3) (d) Any person who intentionally uses or discloses information in
5violation of par. (c) may be required to forfeit not more than $5,000.
SB173-SSA1, s. 11 6Section 11. 48.47 (7g) of the statutes is amended to read:
SB173-SSA1,7,247 48.47 (7g) Statewide automated child welfare information system. Establish
8a statewide automated child welfare information system. Notwithstanding ss.
946.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30,
1051.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1) (a) and
11(2), and 938.78 (2) (a), the department may enter the content of any record kept or
12information received by the department into the statewide automated child welfare
13information system, and a county department under s. 46.215, 46.22, or 46.23, the
14department, or any other organization that has entered into an information sharing
15and access agreement with the department or any of those county departments and
16that has been approved for access to the statewide automated child welfare
17information system by the department may have access to information that is
18maintained in that system, if necessary to enable the county department,
19department, or organization to perform its duties under this chapter, ch. 46, 51, 55,
20or 938, or 42 USC 670 to 679b or to coordinate the delivery of services under this
21chapter, ch. 46, 51, 55, or 938, or 42 USC 670 to 679b. The department may also
22transfer information that is maintained in the system to a court under s. 48.396 (3)
23(b) (bm), and the court and the director of state courts may allow access to that
24information as provided in s. 48.396 (3) (c) 2.
SB173-SSA1, s. 12 25Section 12. 48.78 (2) (a) of the statutes is amended to read:
SB173-SSA1,8,5
148.78 (2) (a) No agency may make available for inspection or disclose the
2contents of any record kept or information received about an individual who is or was
3in its care or legal custody, except as provided under s. 48.371, 48.38 (5) (b) or (d) or
4(5m) (d), 48.396 (3) (b) (bm) or (c) 1. 1r., 48.432, 48.433, 48.48 (17) (bm), 48.57 (2m),
548.93, 48.981 (7), 938.396 (2m) (c) 1r., 938.51, or 938.78 or by order of the court.
SB173-SSA1, s. 13 6Section 13. 48.78 (2) (h) of the statutes is amended to read:
SB173-SSA1,8,157 48.78 (2) (h) Paragraph (a) does not prohibit the department, a county
8department, or a licensed child welfare agency from entering the content of any
9record kept or information received by the department, county department, or
10licensed child welfare agency into the statewide automated child welfare
11information system established under s. 48.47 (7g) or the department from
12transferring any information maintained in that system to the court under s. 48.396
13(3) (b) (bm). If the department transfers that information to the court, the court and
14the director of state courts may allow access to that information as provided in s.
1548.396 (3) (c) 2.
SB173-SSA1, s. 14 16Section 14. 938.396 (1) (a) of the statutes is amended to read:
SB173-SSA1,8,2017 938.396 (1) (a) Confidentiality. Law enforcement agency records of juveniles
18shall be kept separate from records of adults. Law enforcement agency records of
19juveniles may not be open to inspection or their contents disclosed except under par.
20(b) or (c), sub. (1j), (2m) (c) 1p., or (10), or s. 938.293 or by order of the court.
SB173-SSA1, s. 15 21Section 15. 938.396 (2) of the statutes is amended to read:
SB173-SSA1,9,322 938.396 (2) Court records; confidentiality. Records of the court assigned to
23exercise jurisdiction under this chapter and ch. 48 and of municipal courts exercising
24jurisdiction under s. 938.17 (2) shall be entered in books or deposited in files kept for
25that purpose only. Those records shall not be open to inspection or their contents

1disclosed except by order of the court assigned to exercise jurisdiction under this
2chapter and ch. 48 or as required or permitted under sub. (2g), (2m) (b) or (c), or (10)
3or s. 48.396 (3) (b) or (c) 1.
SB173-SSA1, s. 16 4Section 16. 938.396 (2g) (c) of the statutes is amended to read:
SB173-SSA1,9,235 938.396 (2g) (c) Law enforcement agencies. Upon request of a law enforcement
6agency to review court records for the purpose of investigating a crime that might
7constitute criminal gang activity, as defined in s. 941.38 (1) (b), the court shall open
8for inspection by authorized representatives of the law enforcement agency the
9records of the court relating to any juvenile who has been found to have committed
10a delinquent act at the request of or for the benefit of a criminal gang, as defined in
11s. 939.22 (9), that would have been a felony under chs. 939 to 948 or 961 if committed
12by an adult
alleged criminal activity or activity that may result in a court exercising
13jurisdiction under this chapter or ch. 48, the court assigned to exercise jurisdiction
14under this chapter and ch. 48 shall open for inspection by authorized representatives
15of the requester the records of the court relating to any juvenile who has been the
16subject of a proceeding under this chapter. This paragraph does not authorize
17disclosure of any information relating to the physical or mental health of an
18individual, including information contained in a patient health care record, as
19defined in s. 146.81 (4), a treatment record, as defined in s. 51.30 (1) (b), a report
20resulting from an examination or assessment under s. 938.295, a court report under
21s. 938.33, or a permanency plan under s. 938.38, except with the informed consent
22of a person authorized to consent to that disclosure, by order of the court, or as
23otherwise permitted by law
.
SB173-SSA1, s. 17 24Section 17. 938.396 (2g) (d) of the statutes is amended to read:
SB173-SSA1,10,14
1938.396 (2g) (d) Bail; impeachment; firearm possession Criminal and civil
2proceedings
. Upon request of a court of criminal jurisdiction or a district attorney
3to review court records for the purpose of setting bail under ch. 969, impeaching a
4witness under s. 906.09, or investigating and determining whether a person has
5possessed a firearm in violation of s. 941.29 (2) or body armor in violation of s. 941.291
6(2)
to review court records for the purpose of conducting or preparing for a proceeding
7in that court, upon request of a district attorney to review court records for the
8purpose of performing his or her official duties in a proceeding in a court of criminal
9jurisdiction,
or upon request of a court of civil jurisdiction or the attorney for a party
10to a proceeding in that court to review court records for the purpose of impeaching
11a witness under s. 906.09, the court assigned to exercise jurisdiction under this
12chapter and ch. 48 shall open for inspection by authorized representatives of the
13requester the records of the court relating to any juvenile who has been the subject
14of a proceeding under this chapter.
SB173-SSA1, s. 18 15Section 18. 938.396 (2m) of the statutes is created to read:
SB173-SSA1,10,1716 938.396 (2m) Electronic court records. (a) In this subsection, "court" means
17the court assigned to exercise jurisdiction under this chapter and ch. 48.
SB173-SSA1,11,418 (b) The court shall transfer information relating to a proceeding under this
19chapter that is contained in the electronic records of the court to any other court
20assigned to exercise jurisdiction under this chapter and ch. 48, a municipal court
21exercising jurisdiction under s. 938.17 (2), a court of criminal jurisdiction, a person
22representing the interests of the public under s. 48.09 or 938.09, a district attorney
23prosecuting a criminal case, a law enforcement agency, or the department, regardless
24of whether that other court, municipal court, person, district attorney, or law
25enforcement agency or the department is a party to or is otherwise involved in the

1proceedings in which the electronic records containing that information were
2created. The director of state courts may use the circuit court automated information
3systems established under s. 758.19 (4) to facilitate the transfer of electronic records
4under this paragraph.
SB173-SSA1,11,12 5(c) 1g. A court assigned to exercise jurisdiction under this chapter and ch. 48,
6a municipal court exercising jurisdiction under s. 938.17 (2), or a court of criminal
7jurisdiction shall keep any information transferred to that court under par. (b)
8confidential and may use or allow access to that information only for the purpose of
9conducting or preparing for a proceeding in that court. That court may allow that
10access regardless of whether the person who is allowed that access is a party to or
11is otherwise involved in the proceedings in which the electronic records containing
12that information were created.
SB173-SSA1,11,2213 1m. A person representing the interests of the public under s. 48.09 or 938.09
14or a district attorney prosecuting a criminal case shall keep any information
15transferred to that person or district attorney under par. (b) confidential and may use
16or allow access to that information only for the purpose of performing his or her
17official duties relating to a proceeding in a court assigned to exercise jurisdiction
18under this chapter and ch. 48, a municipal court, or a court of criminal jurisdiction.
19That person or district attorney may allow that access regardless of whether the
20person who is allowed that access is a party to or is otherwise involved in the
21proceedings in which the electronic records containing that information were
22created.
SB173-SSA1,12,423 1p. A law enforcement agency shall keep any information transferred to the law
24enforcement agency under par. (b) confidential and may use or allow access to that
25information only for the purpose of investigating alleged criminal activity or activity

1that may result in a court exercising jurisdiction under this chapter or ch. 48. A law
2enforcement agency may allow that access regardless of whether the person who is
3allowed that access is a party to or is otherwise involved in the proceedings in which
4the electronic records containing that information were created.
SB173-SSA1,12,105 1r. The department shall keep any information transferred to the department
6under par. (b) confidential and may use or allow access to that information only for
7the purpose of providing services under s. 48.06, 48.067, 48.069, 938.06, 938.067, or
8938.069. The department may allow that access regardless of whether the person
9who is allowed that access is a party to or is otherwise involved in the proceedings
10in which the electronic records containing that information were created.
SB173-SSA1,12,1411 2. An individual who is allowed under subd. 1g., 1m., 1p., or 1r. to have access
12to any information transferred under par. (b) shall keep the information confidential
13and may use and further disclose the information only for the purpose described in
14subd. 1g., 1m., 1p., or 1r.
SB173-SSA1,12,1615 (d) Any person who intentionally uses or discloses information in violation of
16par. (c) may be required to forfeit not more than $5,000.
SB173-SSA1, s. 19 17Section 19. 938.78 (2) (a) of the statutes is amended to read:
SB173-SSA1,12,2218 938.78 (2) (a) No agency may make available for inspection or disclose the
19contents of any record kept or information received about an individual who is or was
20in its care or legal custody, except as provided under sub. (3) or s. 48.396 (3) (b) (bm)
21or (c) 1. 1r., 938.371, 938.38 (5) (b) or (d) or (5m) (d), 938.396 (2m) (c) 1r., 938.51, or
22938.57 (2m) or by order of the court.
SB173-SSA1, s. 20 23Section 20. 938.78 (2) (h) of the statutes is amended to read:
SB173-SSA1,13,724 938.78 (2) (h) Paragraph (a) does not prohibit the department of children and
25families, a county department, or a licensed child welfare agency from entering the

1content of any record kept or information received by that department, county
2department, or licensed child welfare agency into the statewide automated child
3welfare information system established under s. 48.47 (7g) or the department of
4children and families from transferring any information maintained in that system
5to the court under s. 48.396 (3) (b) (bm). If the department of children and families
6transfers that information to the court, the court and the director of state courts may
7allow access to that information as provided in s. 48.396 (3) (c) 2.
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