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2011 - 2012 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 2,
TO 2011 SENATE BILL 173
February 13, 2012 - Offered by Senator Darling.
SB173-SSA2,1,9 1An Act to renumber and amend 48.396 (3) (b) and 48.396 (3) (c) 1.; to amend
248.396 (1), 48.396 (2) (a), 48.396 (3) (c) 2., 48.396 (3) (c) 3., 48.396 (3) (d), 48.47
3(7g), 48.78 (2) (a), 48.78 (2) (h), 938.396 (1) (a), 938.396 (2), 938.396 (2g) (c),
4938.396 (2g) (d), 938.78 (2) (a) and 938.78 (2) (h); and to create 48.396 (2) (e),
548.396 (3) (b) 2., 48.396 (3) (c) 1g., 48.396 (3) (c) 1m. and 938.396 (2m) of the
6statutes; relating to: the disclosure of electronic juvenile court records to other
7juvenile courts, municipal courts, courts of criminal jurisdiction, district
8attorneys and other prosecutors, defense attorneys, guardians ad litem, and
9law enforcement agencies and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, the director of state courts has established an automated
information system, known as the Consolidated Court Automation Programs
(CCAP), that contains information about cases filed in the circuit courts in this state,
including cases filed in the courts assigned to exercise jurisdiction under the
Juvenile Justice Code (juvenile courts).

Records of the juvenile court, however, are confidential and may not be opened
to inspection, nor may their contents be disclosed, except under certain statutory
exceptions or by an order of the juvenile court. Currently, those exceptions include
an exception that requires a juvenile court to disclose its records relating to a
proceeding under the Children's Code (generally, a child in need of protection
services or a termination of parental rights proceeding) or the Juvenile Justice Code
(generally, a delinquency, civil law or ordinance violation, or a juvenile in need of
protection or services proceeding) 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. In addition, current law requires the juvenile court to
disclose its records relating to a proceeding under the Juvenile Justice Code on the
request of a court of criminal jurisdiction or a district attorney to review those records
for the purpose of setting bail or impeaching a witness or on the request of a law
enforcement agency to review those records for the purpose of investigating alleged
criminal gang activity.
This substitute amendment requires the juvenile court to make information
relating to proceedings under the Children's Code or the Juvenile Justice Code that
is contained in the electronic records of the juvenile court available to any other
juvenile court, a municipal court, a court of criminal jurisdiction, a prosecutor of a
case in any of those courts, or an attorney or guardian ad litem for a parent or child
who is a party to a proceeding in a juvenile court or municipal court (attorney or
GAL). The substitute amendment also requires the juvenile court to make
information relating to proceedings under the Juvenile Justice Code that is
contained in the electronic records of the juvenile court available to a law
enforcement agency. The substitute amendment, however, does not authorize
disclosure of any information relating to the physical or mental health of an
individual or that deals with any other sensitive personal matter of an individual,
except with informed consent, by order of the juvenile court, or as otherwise
permitted by law. A person to whom information is made available under the
substitute amendment must keep that information confidential and may use or allow
access to that information only as follows:
1. In the case of a juvenile court, municipal court, or court of criminal
jurisdiction or an individual who is allowed access to that information by such a
court, only for the purpose of conducting or preparing for a proceeding in that court.
2. In the case of a prosecutor, an attorney, or GAL, or an individual who is
allowed access to that information by a prosecutor, attorney, or GAL, only for the
purpose of performing the official duties of the prosecutor, attorney, or GAL relating
to a proceeding in a juvenile court, municipal court, or court of criminal jurisdiction.
3. In the case of a law enforcement agency or an individual who is allowed
access to that information 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 its delinquency jurisdiction.
Finally, the substitute amendment permits the director of state courts to use
CCAP to make information contained in the electronic records of the juvenile court

available as provided in the substitute amendment, and provides for a forfeiture of
not more than $5,000 for any person who intentionally discloses information in
violation of the substitute amendment.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB173-SSA2, s. 1 1Section 1. 48.396 (1) of the statutes is amended to read:
SB173-SSA2,4,72 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.
7(1b), (1d), (5), or (6) or s. 48.293 or 938.396 (2m) (c) 1p. or by order of the court. This
8subsection does not apply to the representatives of newspapers or other reporters of
9news who wish to obtain information for the purpose of reporting news without
10revealing the identity of the child or adult expectant mother involved, to the
11confidential exchange of information between the police and officials of the public or
12private school attended by the child or other law enforcement or social welfare
13agencies, or to children 10 years of age or older who are subject to the jurisdiction of
14the court of criminal jurisdiction. A public school official who obtains information
15under this subsection shall keep the information confidential as required under s.
16118.125, and a private school official who obtains information under this subsection
17shall keep the information confidential in the same manner as is required of a public
18school official under s. 118.125. This subsection does not apply to the confidential
19exchange of information between the police and officials of the tribal school attended
20by the child if the police determine that enforceable protections are provided by a

1tribal school policy or tribal law that requires tribal school officials to keep the
2information confidential in a manner at least as stringent as is required of a public
3school official under s. 118.125. A law enforcement agency that obtains information
4under this subsection shall keep the information confidential as required under this
5subsection and s. 938.396 (1) (a). A social welfare agency that obtains information
6under this subsection shall keep the information confidential as required under ss.
748.78 and 938.78.
SB173-SSA2, s. 2 8Section 2. 48.396 (2) (a) of the statutes is amended to read:
SB173-SSA2,4,159 48.396 (2) (a) Records of the court assigned to exercise jurisdiction under this
10chapter and ch. 938 and of courts exercising jurisdiction under s. 48.16 shall be
11entered in books or deposited in files kept for that purpose only. They Those records
12shall not be open to inspection or their contents disclosed except by order of the court
13assigned to exercise jurisdiction under this chapter and ch. 938 or as required or
14permitted under this subsection, sub. (3) (b) or (c) 1. 1g., 1m., or 1r. or (6), or s. 48.375
15(7) (e).
SB173-SSA2, s. 3 16Section 3. 48.396 (2) (e) of the statutes is created to read:
SB173-SSA2,4,2317 48.396 (2) (e) Upon request of a court of criminal jurisdiction to review court
18records for the purpose of conducting or preparing for a proceeding in that court or
19upon request of a district attorney to review court records for the purpose of
20performing his or her official duties in a proceeding in a court of criminal jurisdiction,
21the court assigned to exercise jurisdiction under this chapter and ch. 938 shall open
22for inspection by authorized representatives of the requester the records of the court
23relating to any child who has been the subject of a proceeding under this chapter.
SB173-SSA2, s. 4 24Section 4. 48.396 (3) (b) of the statutes is renumbered 48.396 (3) (b) 1. and
25amended to read:
SB173-SSA2,5,15
148.396 (3) (b) 1. The court may transfer to the department shall make
2information relating to proceedings under this chapter that is contained in the
3electronic records of the court available to any other court assigned to exercise
4jurisdiction under this chapter and ch. 938, a municipal court exercising jurisdiction
5under s. 938.17 (2), a court of criminal jurisdiction, a person representing the
6interests of the public under s. 48.09 or 938.09, an attorney or guardian ad litem for
7a parent or child who is a party to a proceeding in a court assigned to exercise
8jurisdiction under this chapter or ch. 938 or a municipal court, a district attorney
9prosecuting a criminal case, or the department
, regardless of whether the
10department person to whom the information is transferred is a party to or is
11otherwise involved in
the proceedings in which the electronic records containing that
12information were created, and the. The director of state courts may use the circuit
13court automated information systems established under s. 758.19 (4) to make
14information contained in the electronic records of the court available as provided in
15this subdivision.
SB173-SSA2,5,24 16(bm) The department may transfer to the court information contained in the
17electronic records of the department that are maintained in the statewide automated
18child welfare information system under s. 48.47 (7g). The director of state courts may
19use the circuit court automated information systems established under s. 758.19 (4)
20to facilitate the transfer of those electronic records between from the department to
21the court and the department. The director of state courts and the department shall
22specify what types of information may be transferred from the department to the
23court
under this paragraph and made available by the court to the department under
24par. (b) 1
.
SB173-SSA2, s. 5 25Section 5. 48.396 (3) (b) 2. of the statutes is created to read:
SB173-SSA2,6,9
148.396 (3) (b) 2. Subdivision 1. does not authorize disclosure of any information
2relating to the physical or mental health of an individual or that deals with any other
3sensitive personal matter of an individual, including information contained in a
4patient health care record, as defined in s. 146.81 (4), a treatment record, as defined
5in s. 51.30 (1) (b), the record of a proceeding under s. 48.135, a report resulting from
6an examination or assessment under s. 938.295, a court report under s. 938.33, or a
7permanency plan under s. 938.38, except with the informed consent of a person
8authorized to consent to that disclosure, by order of the court, or as otherwise
9permitted by law.
SB173-SSA2, s. 6 10Section 6. 48.396 (3) (c) 1. of the statutes is renumbered 48.396 (3) (c) 1r. and
11amended to read:
SB173-SSA2,6,1812 48.396 (3) (c) 1r. The department may allow access to shall keep any
13information transferred made available to the department under par. (b) 1.
14confidential and may use or allow access to that information
only for the purpose of
15providing services under s. 48.06, 48.067, 48.069, 938.06, 938,067 938.067, or
16938.069. The department may allow that access regardless of whether the person
17who is allowed that access is a party to or is otherwise involved in the proceedings
18in which the electronic records containing that information were created.
SB173-SSA2, s. 7 19Section 7. 48.396 (3) (c) 1g. of the statutes is created to read:
SB173-SSA2,7,220 48.396 (3) (c) 1g. A court assigned to exercise jurisdiction under this chapter
21and ch. 938, a municipal court exercising jurisdiction under s. 938.17 (2), or a court
22of criminal jurisdiction shall keep any information made available to that court
23under par. (b) 1. confidential and may use or allow access to that information only
24for the purpose of conducting or preparing for a proceeding in that court. That court
25may allow that access regardless of whether the person who is allowed that access

1is a party to or is otherwise involved in the proceedings in which the electronic
2records containing that information were created.
SB173-SSA2, s. 8 3Section 8. 48.396 (3) (c) 1m. of the statutes is created to read:
SB173-SSA2,7,144 48.396 (3) (c) 1m. A person representing the interests of the public under s.
548.09 or 938.09, an attorney or guardian ad litem for a parent or child who is a party
6to a proceeding in a court assigned to exercise jurisdiction under this chapter or ch.
7938 or a municipal court, or a district attorney prosecuting a criminal case shall keep
8any information made available to that person under par. (b) 1. confidential and may
9use or allow access to that information only for the purpose of performing his or her
10official duties relating to a proceeding in a court assigned to exercise jurisdiction
11under this chapter and ch. 938, a municipal court, or a court of criminal jurisdiction.
12That person may allow that access regardless of whether the person who is allowed
13that access is a party to or is otherwise involved in the proceedings in which the
14electronic records containing that information were created.
SB173-SSA2, s. 9 15Section 9. 48.396 (3) (c) 2. of the statutes is amended to read:
SB173-SSA2,7,1816 48.396 (3) (c) 2. The court or the director of state courts may allow access to any
17information transferred to the court under par. (b) (bm) only to the extent that the
18information may be disclosed under this chapter or ch. 938.
SB173-SSA2, s. 10 19Section 10. 48.396 (3) (c) 3. of the statutes is amended to read:
SB173-SSA2,7,2520 48.396 (3) (c) 3. The department, a court, the director of state courts, and any
21An individual who is allowed under subd. 1g., 1m., 1r., or 2. to have access to any
22information transferred or made available under par. (b) 1. or (bm) shall keep the
23information confidential and may use and further disclose the information only for
24the purpose purposes described in subd. 1. 1g., 1m., or 1r. or to the extent permitted
25under subd. 2.
SB173-SSA2, s. 11
1Section 11. 48.396 (3) (d) of the statutes is amended to read:
SB173-SSA2,8,32 48.396 (3) (d) Any person who intentionally uses or discloses information in
3violation of par. (c) may be required to forfeit not more than $5,000.
SB173-SSA2, s. 12 4Section 12. 48.47 (7g) of the statutes is amended to read:
SB173-SSA2,8,225 48.47 (7g) Statewide automated child welfare information system. Establish
6a statewide automated child welfare information system. Notwithstanding ss.
746.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30,
851.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1) (a) and
9(2), and 938.78 (2) (a), the department may enter the content of any record kept or
10information received by the department into the statewide automated child welfare
11information system, and a county department under s. 46.215, 46.22, or 46.23, the
12department, or any other organization that has entered into an information sharing
13and access agreement with the department or any of those county departments and
14that has been approved for access to the statewide automated child welfare
15information system by the department may have access to information that is
16maintained in that system, if necessary to enable the county department,
17department, or organization to perform its duties under this chapter, ch. 46, 51, 55,
18or 938, or 42 USC 670 to 679b or to coordinate the delivery of services under this
19chapter, ch. 46, 51, 55, or 938, or 42 USC 670 to 679b. The department may also
20transfer information that is maintained in the system to a court under s. 48.396 (3)
21(b) (bm), and the court and the director of state courts may allow access to that
22information as provided in s. 48.396 (3) (c) 2.
SB173-SSA2, s. 13 23Section 13. 48.78 (2) (a) of the statutes is amended to read:
SB173-SSA2,9,324 48.78 (2) (a) No agency may make available for inspection or disclose the
25contents of any record kept or information received about an individual who is or was

1in its care or legal custody, except as provided under s. 48.371, 48.38 (5) (b) or (d) or
2(5m) (d), 48.396 (3) (b) (bm) or (c) 1. 1r., 48.432, 48.433, 48.48 (17) (bm), 48.57 (2m),
348.93, 48.981 (7), 938.396 (2m) (c) 1r., 938.51, or 938.78 or by order of the court.
SB173-SSA2, s. 14 4Section 14. 48.78 (2) (h) of the statutes is amended to read:
SB173-SSA2,9,135 48.78 (2) (h) Paragraph (a) does not prohibit the department, a county
6department, or a licensed child welfare agency from entering the content of any
7record kept or information received by the department, county department, or
8licensed child welfare agency into the statewide automated child welfare
9information system established under s. 48.47 (7g) or the department from
10transferring any information maintained in that system to the court under s. 48.396
11(3) (b) (bm). If the department transfers that information to the court, the court and
12the director of state courts may allow access to that information as provided in s.
1348.396 (3) (c) 2.
SB173-SSA2, s. 15 14Section 15. 938.396 (1) (a) of the statutes is amended to read:
SB173-SSA2,9,1815 938.396 (1) (a) Confidentiality. Law enforcement agency records of juveniles
16shall be kept separate from records of adults. Law enforcement agency records of
17juveniles may not be open to inspection or their contents disclosed except under par.
18(b) or (c), sub. (1j), (2m) (c) 1p., or (10), or s. 938.293 or by order of the court.
SB173-SSA2, s. 16 19Section 16. 938.396 (2) of the statutes is amended to read:
SB173-SSA2,9,2420 938.396 (2) Court records; confidentiality. Records of the court assigned to
21exercise jurisdiction under this chapter and ch. 48 and of municipal courts exercising
22jurisdiction under s. 938.17 (2) shall be entered in books or deposited in files kept for
23that purpose only. Those records shall not be open to inspection or their contents
24disclosed except by order of the court assigned to exercise jurisdiction under this

1chapter and ch. 48 or as required or permitted under sub. (2g), (2m) (b) or (c), or (10)
2or s. 48.396 (3) (b) or (c) 1.
SB173-SSA2, s. 17 3Section 17. 938.396 (2g) (c) of the statutes is amended to read:
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