Amendment SA8-SSA1-AB130

LRBa1773/1

GMM:skg:jlb

1995 - 1996 LEGISLATURE

SENATE AMENDMENT 8, To SENATE SUBSTITUTE AMENDMENT 1, To 1995 ASSEMBLY BILL 130

September 21, 1995 - Offered by Senator Moore.

AB130-SSA1-SA8,1,1 At the locations indicated, amend the substitute amendment as follows:

AB130-SSA1-SA8,1,2 1. Page 225, line 10: after that line insert:

AB130-SSA1-SA8,1,5 "(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-SSA1-SA8,1,6 2. Page 230, line 14: after "court" insert "or jury".

AB130-SSA1-SA8,1,7 3. Page 230, line 18: after that line insert:

AB130-SSA1-SA8,1,9 "(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-SSA1-SA8,1,14 4. Page 259, line 25: 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-SSA1-SA8,2,1 5. Page 260, line 2: after "for a" insert "jury trial or".

AB130-SSA1-SA8,2,7 6. Page 265, 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-SSA1-SA8,2,12 7. Page 266, line 7: 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-SSA1-SA8,2,13 8. Page 268, line 16: delete that line and substitute:

AB130-SSA1-SA8,2,14 "938.317 Jeopardy. Jeopardy attaches:

AB130-SSA1-SA8,2,15 (1) In a trial to the court, when a witness is sworn.

AB130-SSA1-SA8,2,16 (2) In a jury trial, when the jury selection is completed and the jury is sworn.".

AB130-SSA1-SA8,2,17 (End)