Amendment AA16-AB130

LRBa0588/1

GMM:kmg:aj

1995 - 1996 LEGISLATURE

ASSEMBLY AMENDMENT 16, To 1995 ASSEMBLY BILL 130

March 23, 1995 - Offered by Representative Murat.

AB130-AA16,1,1 At the locations indicated, amend the bill as follows:

AB130-AA16,1,2 1. Page 221, line 18: after that line insert:

AB130-AA16,1,5 "(6) Communication to a jury. In jury trials under this chapter, the guardian ad litem or the court may tell the jury that the guardian ad litem represents the interests of the person for whom the guardian ad litem was appointed.".

AB130-AA16,1,6 2. Page 226, line 19: after "court" insert "or jury".

AB130-AA16,1,7 3. Page 226, line 23: after that line insert:

AB130-AA16,1,9 "(g) The right to a jury trial, if the juvenile is alleged to have committed a violation that would be a felony if committed by an adult.".

AB130-AA16,1,14 4. Page 254, line 22: before the period insert: ", except that if the juvenile is before the court on a petition under s. 938.12 or 938.13 (12) based on an alleged violation that would be a felony if committed by an adult, the court shall inform the juvenile and the parent, guardian or legal custodian that a request for a jury trial must be made before the end of the plea hearing or be waived".

AB130-AA16,1,15 5. Page 254, line 24: after "for a" insert "jury trial or".

AB130-AA16,2,6 6. Page 260, line 23: before the period insert: "unless the juvenile, parent, guardian or legal custodian has requested a jury trial under s. 938.30 (2). Chapters 756 and 805 shall govern the selection of jurors in cases in which the juvenile is alleged to be in need of protection or services under s. 938.13 (12), and ss. 972.03 and 972.04 shall apply in cases in which the juvenile is alleged to be delinquent under s. 938.12.".

AB130-AA16,2,11 7. Page 261, line 6: after "938.13" insert: ", except that in cases alleging a juvenile to be delinquent or in need of protection or services based on an alleged violation that would be a felony if committed by an adult, the court or jury shall make findings of fact and the court shall make conclusions of law relating to the allegations of the petition".

AB130-AA16,2,12 8. Page 263, line 16: delete that line and substitute:

AB130-AA16,2,13 "938.317 Jeopardy. Jeopardy attaches:

AB130-AA16,2,14 (1) In a trial to the court, when a witness is sworn.

AB130-AA16,2,15 (2) In a jury trial, when the jury selection is completed and the jury sworn.".

AB130-AA16,2,16 (End)