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2011 - 2012 LEGISLATURE
August 30, 2011 - Introduced by Senators Darling, Lazich, Olsen and Wanggaard,
cosponsored by Representatives Vos, Bernier, Brooks, Jacque, Kaufert,
Kestell, Knodl, Petersen, Strachota, Stroebel
and Ziegelbauer. Referred
to Committee on Judiciary, Utilities, Commerce, and Government
Operations.
SB173,1,4 1An Act to amend 48.396 (1), 48.396 (2) (a), 938.396 (1) (a), 938.396 (2) and
2938.396 (2g) (c); and to create 938.396 (2m) of the statutes; relating to: the
3disclosure of electronic juvenile court records to law enforcement agencies and
4providing 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 on the request of a law enforcement agency to review those
records for the purpose of investigating alleged criminal gang activity.
This bill permits the juvenile court to transfer to a law enforcement agency the
electronic records of the juvenile court, permits the director of state courts to use
CCAP to facilitate that transfer of those electronic records, and requires the director
of state courts to determine what types of information from those electronic records
may be transferred to a law enforcement agency. In addition, the bill requires a law
enforcement agency to keep any information from those records transferred to the
agency confidential and permits a law enforcement agency to use or allow access to

that information only for the purpose of investigating alleged criminal or delinquent
activity. Also, the bill requires an individual who is allowed access to any information
from those electronic records to keep the information confidential and to use and
further disclose the information only for the purpose of investigating alleged
criminal or delinquent activity. Finally, the bill provides for a forfeiture of not more
than $5,000 for any person who intentionally discloses information in violation of the
bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB173, s. 1 1Section 1. 48.396 (1) of the statutes is amended to read:
SB173,3,102 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) 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

1school official under s. 118.125. This subsection does not apply to the confidential
2exchange of information between the police and officials of the tribal school attended
3by the child if the police determine that enforceable protections are provided by a
4tribal school policy or tribal law that requires tribal school officials to keep the
5information confidential in a manner at least as stringent as is required of a public
6school official under s. 118.125. A law enforcement agency that obtains information
7under this subsection shall keep the information confidential as required under this
8subsection and s. 938.396 (1) (a). A social welfare agency that obtains information
9under this subsection shall keep the information confidential as required under ss.
1048.78 and 938.78.
SB173, s. 2 11Section 2. 48.396 (2) (a) of the statutes is amended to read:
SB173,3,1812 48.396 (2) (a) Records of the court assigned to exercise jurisdiction under this
13chapter and ch. 938 and of courts exercising jurisdiction under s. 48.16 shall be
14entered in books or deposited in files kept for that purpose only. They Those records
15shall not be open to inspection or their contents disclosed except by order of the court
16assigned to exercise jurisdiction under this chapter and ch. 938 or as permitted under
17this subsection, sub. (3) (b) or (c) 1. or (6), or s. 48.375 (7) (e) or 938.396 (2m) (b) or
18(c)
.
SB173, s. 3 19Section 3. 938.396 (1) (a) of the statutes is amended to read:
SB173,3,2320 938.396 (1) (a) Confidentiality. Law enforcement agency records of juveniles
21shall be kept separate from records of adults. Law enforcement agency records of
22juveniles may not be open to inspection or their contents disclosed except under par.
23(b) or (c), sub. (1j), (2m) (c), or (10), or s. 938.293 or by order of the court.
SB173, s. 4 24Section 4. 938.396 (2) of the statutes is amended to read:
SB173,4,7
1938.396 (2) Court records; confidentiality. Records of the court assigned to
2exercise jurisdiction under this chapter and ch. 48 and of municipal courts exercising
3jurisdiction under s. 938.17 (2) shall be entered in books or deposited in files kept for
4that purpose only. Those records shall not be open to inspection or their contents
5disclosed except by order of the court assigned to exercise jurisdiction under this
6chapter and ch. 48 or as permitted under sub. (2g), (2m) (b) or (c), or (10) or s. 48.396
7(3) (b) or (c) 1.
SB173, s. 5 8Section 5. 938.396 (2g) (c) of the statutes is amended to read:
SB173,4,189 938.396 (2g) (c) Law enforcement agencies. Upon A law enforcement agency,
10upon
request of a the law enforcement agency to review court records or as permitted
11under sub. (2m) (b),
for the purpose of investigating a crime that might constitute
12criminal gang activity, as defined in s. 941.38 (1) (b), the court shall open for
13inspection by authorized representatives of the law enforcement agency the records
14of the court relating to any juvenile who has been found to have committed a
15delinquent act at the request of or for the benefit of a criminal gang, as defined in s.
16939.22 (9), that would have been a felony under chs. 939 to 948 or 961 if committed
17by an adult
alleged criminal activity or activity that may result in a court exercising
18jurisdiction under this chapter
.
SB173, s. 6 19Section 6. 938.396 (2m) of the statutes is created to read:
SB173,4,2120 938.396 (2m) Electronic court records. (a) In this subsection, "court" means
21the court assigned to exercise jurisdiction under this chapter and ch. 48.
SB173,5,422 (b) The court may transfer to a law enforcement agency information contained
23in the electronic records of the court, regardless of whether the law enforcement
24agency is a party to or is otherwise involved in the proceedings in which the electronic
25records containing that information were created. The director of state courts may

1use the circuit court automated information systems established under s. 758.19 (4)
2to facilitate the transfer of those electronic records from the court to a law
3enforcement agency. The director of state courts shall determine what types of
4information may be transferred under this paragraph.
SB173,5,115 (c) 1. A law enforcement agency shall keep any information transferred to the
6law enforcement agency under par. (b) confidential and may use or allow access to
7that information only for the purpose of investigating alleged criminal activity or
8activity that may result in a court exercising jurisdiction under this chapter. A law
9enforcement agency may allow that access regardless of whether the person who is
10allowed that access is a party to or is otherwise involved in the proceedings in which
11the electronic records containing that information were created.
SB173,5,1412 2. An individual who is allowed access to any information transferred under
13par. (b) shall keep the information confidential and may use and further disclose the
14information only for the purpose described in subd. 1.
SB173,5,1615 (d) Any person who intentionally discloses information in violation of par. (c)
16may be required to forfeit not more than $5,000.
SB173,5,1717 (End)
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