Feed for /2011/related/amendments/sb173/ssa2_sb173 PDF
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:
SB173-SSA2,10,154 938.396 (2g) (c) Law enforcement agencies. Upon request of a law enforcement
5agency to review court records for the purpose of investigating a crime that might
6constitute criminal gang activity, as defined in s. 941.38 (1) (b), the court shall open
7for inspection by authorized representatives of the law enforcement agency the
8records of the court relating to any juvenile who has been found to have committed
9a delinquent act at the request of or for the benefit of a criminal gang, as defined in
10s. 939.22 (9), that would have been a felony under chs. 939 to 948 or 961 if committed
11by an adult
alleged criminal activity or activity that may result in a court exercising
12jurisdiction under s. 938.12 or 938.13 (12), the court assigned to exercise jurisdiction
13under this chapter and ch. 48 shall open for inspection by authorized representatives
14of the requester the records of the court relating to any juvenile who has been the
15subject of a proceeding under this chapter
.
SB173-SSA2, s. 18 16Section 18. 938.396 (2g) (d) of the statutes is amended to read:
SB173-SSA2,11,517 938.396 (2g) (d) Bail; impeachment; firearm possession Criminal and civil
18proceedings
. Upon request of a court of criminal jurisdiction or a district attorney
19to review court records for the purpose of setting bail under ch. 969, impeaching a
20witness under s. 906.09, or investigating and determining whether a person has
21possessed a firearm in violation of s. 941.29 (2) or body armor in violation of s. 941.291
22(2)
to review court records for the purpose of conducting or preparing for a proceeding
23in that court, upon request of a district attorney to review court records for the
24purpose of performing his or her official duties in a proceeding in a court of criminal
25jurisdiction,
or upon request of a court of civil jurisdiction or the attorney for a party

1to a proceeding in that court to review court records for the purpose of impeaching
2a witness under s. 906.09, the court assigned to exercise jurisdiction under this
3chapter and ch. 48 shall open for inspection by authorized representatives of the
4requester the records of the court relating to any juvenile who has been the subject
5of a proceeding under this chapter.
SB173-SSA2, s. 19 6Section 19. 938.396 (2m) of the statutes is created to read:
SB173-SSA2,11,87 938.396 (2m) Electronic court records. (a) In this subsection, "court" means
8the court assigned to exercise jurisdiction under this chapter and ch. 48.
SB173-SSA2,11,229 (b) 1. The court shall make information relating to a proceeding under this
10chapter that is contained in the electronic records of the court available to any other
11court assigned to exercise jurisdiction under this chapter and ch. 48, a municipal
12court exercising jurisdiction under s. 938.17 (2), a court of criminal jurisdiction, a
13person representing the interests of the public under s. 48.09 or 938.09, an attorney
14or guardian ad litem for a parent or child who is a party to a proceeding in a court
15assigned to exercise jurisdiction under this chapter or ch. 48 or a municipal court, a
16district attorney prosecuting a criminal case, a law enforcement agency, or the
17department, regardless of whether the person to whom the information is disclosed
18is a party to or is otherwise involved in the proceedings in which the electronic
19records containing that information were created. The director of state courts may
20use the circuit court automated information systems established under s. 758.19 (4)
21to make information contained in the electronic records of the court available as
22provided in this subdivision.
SB173-SSA2,12,523 2. Subdivision 1. does not authorize disclosure of any information relating to
24the physical or mental health of an individual or that deals with any other sensitive
25personal matter of an individual, including information contained in a patient health

1care record, as defined in s. 146.81 (4), a treatment record, as defined in s. 51.30 (1)
2(b), the record of a proceeding under s. 48.135, a report resulting from an examination
3or assessment under s. 938.295, a court report under s. 938.33, or a permanency plan
4under s. 938.38, except with the informed consent of a person authorized to consent
5to that disclosure, by order of the court, or as otherwise permitted by law.
SB173-SSA2,12,13 6(c) 1g. A court assigned to exercise jurisdiction under this chapter and ch. 48,
7a municipal court exercising jurisdiction under s. 938.17 (2), or a court of criminal
8jurisdiction shall keep any information made available to that court under par. (b)
91. confidential and may use or allow access to that information only for the purpose
10of conducting or preparing for a proceeding in that court. That court may allow that
11access regardless of whether the person who is allowed that access is a party to or
12is otherwise involved in the proceedings in which the electronic records containing
13that information were created.
SB173-SSA2,12,2414 1m. A person representing the interests of the public under s. 48.09 or 938.09,
15an attorney or guardian ad litem for a parent or child who is a party to a proceeding
16in a court assigned to exercise jurisdiction under this chapter or ch. 48 or a municipal
17court, or a district attorney prosecuting a criminal case shall keep any information
18made available to that person under par. (b) 1. confidential and may use or allow
19access to that information only for the purpose of performing his or her official duties
20relating to a proceeding in a court assigned to exercise jurisdiction under this chapter
21and ch. 48, a municipal court, or a court of criminal jurisdiction. That person may
22allow that access regardless of whether the person who is allowed that access is a
23party to or is otherwise involved in the proceedings in which the electronic records
24containing that information were created.
SB173-SSA2,13,8
11p. A law enforcement agency shall keep any information made available to the
2law enforcement agency under par. (b) 1. confidential and may use or allow access
3to that information only for the purpose of investigating alleged criminal activity or
4activity that may result in a court exercising jurisdiction under this chapter or ch.
548. A law enforcement agency may allow that access regardless of whether the
6person who is allowed that access is a party to or is otherwise involved in the
7proceedings in which the electronic records containing that information were
8created.
SB173-SSA2,13,159 1r. The department shall keep any information made available to the
10department under par. (b) 1. confidential and may use or allow access to that
11information only for the purpose of providing services under s. 48.06, 48.067, 48.069,
12938.06, 938.067, or 938.069. The department may allow that access regardless of
13whether the person who is allowed that access is a party to or is otherwise involved
14in the proceedings in which the electronic records containing that information were
15created.
SB173-SSA2,13,1916 2. An individual who is allowed under subd. 1g., 1m., 1p., or 1r. to have access
17to any information made available under par. (b) 1. shall keep the information
18confidential and may use and further disclose the information only for the purpose
19described in subd. 1g., 1m., 1p., or 1r.
SB173-SSA2,13,2120 (d) Any person who intentionally uses or discloses information in violation of
21par. (c) may be required to forfeit not more than $5,000.
SB173-SSA2, s. 20 22Section 20. 938.78 (2) (a) of the statutes is amended to read:
SB173-SSA2,14,223 938.78 (2) (a) No agency may make available for inspection or disclose the
24contents of any record kept or information received about an individual who is or was
25in its care or legal custody, except as provided under sub. (3) or s. 48.396 (3) (b) (bm)

1or (c) 1. 1r., 938.371, 938.38 (5) (b) or (d) or (5m) (d), 938.396 (2m) (c) 1r., 938.51, or
2938.57 (2m) or by order of the court.
SB173-SSA2, s. 21 3Section 21. 938.78 (2) (h) of the statutes is amended to read:
SB173-SSA2,14,124 938.78 (2) (h) Paragraph (a) does not prohibit the department of children and
5families, a county department, or a licensed child welfare agency from entering the
6content of any record kept or information received by that department, county
7department, or licensed child welfare agency into the statewide automated child
8welfare information system established under s. 48.47 (7g) or the department of
9children and families from transferring any information maintained in that system
10to the court under s. 48.396 (3) (b) (bm). If the department of children and families
11transfers that information to the court, the court and the director of state courts may
12allow access to that information as provided in s. 48.396 (3) (c) 2.
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