LRBa0616/1
GMM:skg:jlb
1995 - 1996 LEGISLATURE
ASSEMBLY AMENDMENT 25,
To 1995 ASSEMBLY BILL 130
March 23, 1995 - Offered by Committee on Children and Families.
AB130-AA25,1,11 At the locations indicated, amend the bill as follows:
AB130-AA25,1,3 21. Page 49, line 20: delete the material beginning with that line and ending
3with page 52, line 16.
AB130-AA25,1,4 42. Page 55, line 5: delete lines 5 to 7 and substitute:
AB130-AA25,1,5 5" Section 112m. 48.14 (4) of the statutes is repealed.".
AB130-AA25,1,6 63. Page 60, line 5: delete " 938.13" and substitute "938.14".
AB130-AA25,1,7 74. Page 61, line 5: after that line insert:
AB130-AA25,1,8 8" Section 150d. 48.23 (4) of the statutes is amended to read:
AB130-AA25,2,149 48.23 (4) Providing counsel. In any situation under this section in which a
10person has a right to be represented by counsel or is provided counsel at the
11discretion of the court and counsel is not knowingly and voluntarily waived, the court
12shall refer the person to the state public defender and counsel shall be appointed by
13the state public defender under s. 977.08 without a determination of indigency. If the
14referral is of a person who has filed a petition under s. 48.375 (7), the state public
15defender shall appoint counsel within 24 hours after that referral. Any counsel

1appointed in a petition filed under s. 48.375 (7) shall continue to represent the child
2in any appeal brought under s. 809.105 unless the child requests substitution of
3counsel or extenuating circumstances make it impossible for counsel to continue to
4represent the child. In any situation under sub. (2) in which a parent 18 years of age
5or older is entitled to representation by counsel; counsel is not knowingly and
6voluntarily waived; and it appears that the parent is unable to afford counsel in full,
7or the parent so indicates; the court shall refer the parent to the authority for
8indigency determinations specified under s. 977.07 (1). In any other situation under
9this section in which a person has a right to be represented by counsel or is provided
10counsel at the discretion of the court, competent and independent counsel shall be
11provided and reimbursed in any manner suitable to the court regardless of the
12person's ability to pay, except that the court may not order a person who files a
13petition under s. 813.122 or 813.125 to reimburse counsel for the child who is named
14as the respondent in that petition
.".
AB130-AA25,2,15 155. Page 70, line 17: delete "peace" and substitute "peace law enforcement".
AB130-AA25,2,16 166. Page 89, line 5: delete "Peace" and substitute: "Peace Law enforcement".
AB130-AA25,2,18 177. Page 89, line 7: delete " older over. Peace" and substitute "older. Peace over.
18Law enforcement
".
AB130-AA25,2,19 198. Page 89, line 10: delete "sub. (1m) or" and substitute "sub. (1g) or (1m) or".
AB130-AA25,2,20 209. Page 89, line 15: delete "15" and substitute "10".
AB130-AA25,2,23 2110. Page 89, line 16: delete lines 16 and 17 and substitute: "over who are
22transferred to the criminal courts subject to the jurisdiction of the court of criminal
23jurisdiction
.
AB130-AA25, s. 312m 24Section 312m. 48.396 (1g) of the statutes is created to read:
AB130-AA25,3,4
148.396 (1g) If requested by the parent, guardian or legal custodian of a child
2who is the subject of a law enforcement officer's report, or if requested by the child,
3if 14 years of age or over, a law enforcement agency may, subject to official agency
4policy, provide to the parent, guardian, legal custodian or child a copy of that report.
AB130-AA25, s. 313m 5Section 313m. 48.396 (1m) of the statutes is repealed and recreated to read:
AB130-AA25,3,116 48.396 (1m) Upon the written permission of the parent, guardian or legal
7custodian of a child who is the subject of a law enforcement officer's report or upon
8the written permission of the child, if 14 years of age or over, a law enforcement
9agency may, subject to official agency policy, make available to the person named in
10the permission any reports specifically identified by the parent, guardian, legal
11custodian or child in the written permission.".
AB130-AA25,3,12 1211. Page 89, line 24: after that line insert:
AB130-AA25,3,13 13" Section 314g. 48.396 (2) (ag) of the statutes is created to read:
AB130-AA25,3,1714 48.396 (2) (ag) Upon request of the parent, guardian or legal custodian of a
15child who is the subject of a record of a court specified in par. (a), or upon request of
16the child, if 14 years of age or over, the court shall open for inspection by the parent,
17guardian, legal custodian or child the records of the court relating to that child.
AB130-AA25, s. 314m 18Section 314m. 48.396 (2) (am) of the statutes is created to read:
AB130-AA25,3,2319 48.396 (2) (am) Upon the written permission of the parent, guardian or legal
20custodian of a child who is the subject of a record of a court specified in par. (a), the
21court shall open for inspection by the person named in the permission any records
22specifically identified by the parent, guardian, legal custodian or child in the written
23permission.".
AB130-AA25,3,24 2412. Page 101, line 5: after that line insert:
AB130-AA25,4,1
1" Section 368g. 48.78 (2) (ag) of the statutes is created to read:
AB130-AA25,4,62 48.78 (2) (ag) Paragraph (a) does not prohibit an agency from making available
3for inspection or disclosing the contents of a record, upon the request of the parent,
4guardian or legal custodian of the child who is the subject of the record or upon the
5request of the child, if 14 years of age or over, to the parent, guardian, legal custodian
6or child.
AB130-AA25, s. 368m 7Section 368m. 48.78 (2) (am) of the statutes is created to read:
AB130-AA25,4,138 48.78 (2) (am) Paragraph (a) does not prohibit an agency from making
9available for inspection or disclosing the contents of a record, upon the written
10permission of the parent, guardian or legal custodian of the child who is the subject
11of the record or upon the written permission of the child, if 14 years of age or over,
12to the person named in the permission if the parent, guardian, legal custodian or
13child specifically identifies the record in the written permission.".
AB130-AA25,4,15 1413. Page 122, line 9: delete ", educational"; and after "welfare" insert "or school
15attendance
".
AB130-AA25,4,16 1614. Page 124, line 24: delete "may" and substitute "may shall".
AB130-AA25,4,17 1715. Page 125, line 3: delete "938.396 (1m) (a)".
AB130-AA25,4,19 1816. Page 125, line 4: delete "may" and substitute "may 938.396 (1m) (a) shall";
19and delete "only" and substitute "only".
AB130-AA25,4,20 2017. Page 125, line 5: delete "and only" and substitute "and only".
AB130-AA25,4,21 2118. Page 127, line 19: delete "may" and substitute "shall".
AB130-AA25,4,22 2219. Page 128, line 2: delete "may" and substitute "may shall".
AB130-AA25,5,2
120. Page 128, line 3: delete "938.396 (1m) (a) only" and substitute "only
2938.396 (1m) (a)".
AB130-AA25,5,3 321. Page 128, line 5: delete "may" and substitute "shall".
AB130-AA25,5,4 422. Page 128, line 8: delete "may" and substitute "shall".
AB130-AA25,5,5 523. Page 128, line 9: delete "only".
AB130-AA25,5,7 624. Page 128, line 11: delete "may not use information from" and substitute
7"shall not use".
AB130-AA25,5,12 825. Page 133, line 12: before the period insert: ", except that reimbursement
9under this subsection for each full-time equivalent pupil of a school district who is
10provided educational programming by a county may not exceed 110% of the school
11district's average per pupil cost or the actual cost of that programming, whichever
12is less".
AB130-AA25,5,13 1326. Page 157, line 20: after that line insert:
AB130-AA25,5,14 14" Section 535r. 757.69 (1) (intro.) of the statutes is amended to read:
AB130-AA25,5,1815 757.69 (1) (intro.) On authority delegated by a judge, which may be by a
16standard order, and with the approval of the chief judge of the judicial administrative
17district, a court commissioner appointed under s. 48.065, 757.68, 757.72 or, 767.13
18or 938.065 may:".
AB130-AA25,5,19 1927. Page 158, line 12: after that line insert:
AB130-AA25,5,20 20" Section 536d. 757.69 (1) (k) of the statutes is amended to read:
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