AB410-ASA1,12,1220 165.55 (14) The state fire marshal, any deputy fire marshal or, any fire chief
21or his or her designee may require an insurer, including the state acting under ch.
22619, to furnish any information in its possession relating to a fire loss involving
23property with respect to which a policy of insurance issued or serviced by the insurer
24may apply. Any insurer, including the state, may furnish to the state fire marshal,
25any deputy fire marshal or, any fire chief or designee information in its possession

1relating to a fire loss to which insurance issued by it may apply. In the absence of
2fraud or malice, no insurer furnishing information under this subsection, state fire
3marshal, deputy fire marshal or, fire chief or designee, and no person acting on behalf
4of the insurer, state fire marshal, deputy fire marshal or , fire chief or designee, shall
5be liable in any civil or criminal action on account of any statement made, material
6furnished or action taken in regard thereto. Information furnished by an insurer
7under this subsection shall be held in confidence by the state fire marshal, deputy
8fire marshal or, fire chief or designee and all subordinates until release or publication
9is required pursuant to a civil or criminal proceeding. Information obtained by the
10state fire marshal, any deputy fire marshal or, fire chief or designee during their
11investigations of fires determined to be the result of arson may be available to the
12insurer of the property involved.
AB410-ASA1, s. 28 13Section 28. 165.55 (15) of the statutes is created to read:
AB410-ASA1,12,1914 165.55 (15) The state fire marshal, any deputy fire marshal, any fire chief or
15his or her designee may obtain information relating to a juvenile from a law
16enforcement agency, a court assigned to exercise jurisdiction under chs. 48 and 938
17or an agency, as defined in s. 938.78 (1), as provided in ss. 938.396 (1x) and (2) (j) and
18938.78 (2) (b) 1. and may obtain information relating to a pupil from a public school
19as provided in ss. 118.125 (2) (ch) and (L) and 938.396 (1m) (d).
AB410-ASA1, s. 29 20Section 29. 301.08 (1) (b) 3. of the statutes is amended to read:
AB410-ASA1,13,621 301.08 (1) (b) 3. Contract with public, private or voluntary agencies for the
22supervision, maintenance and operation of secured correctional facilities, as defined
23in s. 938.02 (15m), child caring institutions, as defined in s. 938.02 (2c), and secured
24child caring institutions, as defined in s. 938.02 (15g), for the placement of juveniles
25who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183

1or
938.34 (4d), (4h) or (4m). The department may designate a secured correctional
2facility, child caring institution or a secured child caring institution contracted for
3under this subdivision as a Type 2 secured correctional facility, as defined in s. 938.02
4(20), and may designate a child caring institution or secured child caring institution
5contracted for under this subdivision as a Type 2 child caring institution, as defined
6in s. 938.02 (19r).
AB410-ASA1, s. 30 7Section 30. 800.08 (4) of the statutes is amended to read:
AB410-ASA1,13,98 800.08 (4) Municipal Except as provided in s. 938.17 (2) (h) 3., municipal courts
9shall be bound by the rules of evidence specified in chs. 901 to 911.
AB410-ASA1, s. 31 10Section 31. 895.035 (2m) (a) of the statutes is amended to read:
AB410-ASA1,14,511 895.035 (2m) (a) If a child or a parent with custody of a child fails to pay
12restitution under s. 938.245, 938.32, 938.34 (5), 938.343 (4) or, 938.345 or 938.45 (1r)
13(a)
as ordered by a court assigned to exercise jurisdiction under chs. 48 and 938, a
14court of criminal jurisdiction
or a municipal court or as agreed to in a deferred
15prosecution agreement or if it appears likely that the child or parent will not pay
16restitution as ordered or agreed to, the victim, the victim's insurer, the
17representative of the public interest under s. 938.09 or the agency, as defined in s.
18938.38 (1) (a), supervising the child may petition the court assigned to exercise
19jurisdiction under chs. 48 and 938 to order that the amount of restitution unpaid by
20the child or parent be entered and docketed as a judgment against the child and the
21parent with custody of the child and in favor of the victim or the victim's insurer, or
22both. A petition under this paragraph may be filed after the expiration of the
23deferred prosecution agreement, consent decree, dispositional order or sentence
24under which the restitution is payable, but no later than one year after the expiration
25of the deferred prosecution agreement, consent decree, dispositional order or

1sentence or any extension of the consent decree, dispositional order or sentence. A
2judgment rendered under this paragraph does not bar the victim or the victim's
3insurer, or both, from commencing another action seeking compensation from the
4child or the parent, or both, if the amount of restitution ordered under this paragraph
5is less than the total amount of damages claimed by the victim or the victim's insurer.
AB410-ASA1, s. 32 6Section 32. 895.035 (2m) (b) of the statutes, as affected by 1997 Wisconsin Act
727
, is amended to read:
AB410-ASA1,14,238 895.035 (2m) (b) If a child fails to pay a forfeiture or surcharge as ordered by
9a court assigned to exercise jurisdiction under chs. 48 and 938, a court of criminal
10jurisdiction
or a forfeiture as ordered by a municipal court, if a child fails to pay a
11surcharge as ordered by a court assigned to exercise jurisdiction under chs. 48 and
12938 or a court of criminal jurisdiction
or if it appears likely that the child or the parent
13will not pay the forfeiture or surcharge as ordered, the representative of the public
14interest under s. 938.09, the agency, as defined in s. 938.38 (1) (a), supervising the
15child or the law enforcement agency that issued the citation to the child may petition
16the court assigned to exercise jurisdiction under chs. 48 and 938 to order that the
17amount of the forfeiture or surcharge unpaid by the child or parent be entered and
18docketed as a judgment against the child and the parent with custody of the child and
19in favor of the county or appropriate municipality. A petition under this paragraph
20may be filed after the expiration of the dispositional order or sentence under which
21the forfeiture or surcharge is payable, but no later than one year after the expiration
22of the dispositional order or sentence or any extension of the dispositional order or
23sentence.
AB410-ASA1, s. 33 24Section 33. 895.035 (3) of the statutes is amended to read:
AB410-ASA1,15,6
1895.035 (3) An adjudication under s. 938.31 938.183 or 938.34 that the child
2violated a civil law or ordinance, is delinquent or is in need of protection and services
3under s. 938.13 (12), based on proof that the child committed the act, subject to its
4admissibility under s. 904.10, shall, in an action under sub. (1), stop a child's parent
5or parents from denying that the child committed the act that resulted in the injury,
6damage or loss.
AB410-ASA1, s. 34 7Section 34. 895.035 (6) of the statutes is amended to read:
AB410-ASA1,15,138 895.035 (6) Any recovery of restitution under this section shall be reduced by
9the amount recovered as restitution for the same act under s. 938.245, 938.32, 938.34
10(5) or, 938.343 (4) or 938.45 (1r) (a). Any recovery of a forfeiture under this section
11shall be reduced by the amount recovered as a forfeiture for the same act under s.
12938.34 (8), 938.343 (2) or 938.45 (1r) (b). Any recovery of a surcharge under this
13section shall be reduced by the amount recovered as a surcharge under s. 938.34 (8d)
.
AB410-ASA1, s. 35 14Section 35. 938.067 (8m) of the statutes is created to read:
AB410-ASA1,15,1515 938.067 (8m) Take juveniles into custody under s. 938.355 (6d).
AB410-ASA1, s. 36 16Section 36. 938.069 (1) (dm) of the statutes is created to read:
AB410-ASA1,15,1717 938.069 (1) (dm) Take juveniles into custody under s. 938.355 (6d).
AB410-ASA1, s. 37 18Section 37. 938.08 (2) of the statutes is amended to read:
AB410-ASA1,15,2419 938.08 (2) Except as provided in sub. (3) and in s. 938.355 (6d), any person
20authorized to provide or providing intake or dispositional services for the court under
21ss. 938.067 and 938.069 has the power of police officers and deputy sheriffs only for
22the purpose of taking a juvenile into physical custody when the juvenile comes
23voluntarily or is suffering from illness or injury or is in immediate danger from his
24or her surroundings and removal from the surroundings is necessary.
AB410-ASA1, s. 38 25Section 38. 938.17 (2) (h) 2. of the statutes is amended to read:
AB410-ASA1,16,6
1938.17 (2) (h) 2. A motion requesting the municipal court to impose or petition
2for a sanction may be brought by the person or agency primarily responsible for the
3provision of dispositional services, the municipal attorney or the court that entered
4the dispositional order. If the court initiates the motion, that court is disqualified
5from holding a hearing on the motion.
Notice of the motion shall be given to the
6juvenile and the juvenile's parent, guardian or legal custodian.
AB410-ASA1, s. 39 7Section 39. 938.17 (2) (h) 3. of the statutes is amended to read:
AB410-ASA1,16,118 938.17 (2) (h) 3. Before imposing any sanction, the court shall hold a hearing,
9at which the juvenile may present evidence. Except as provided in s. 901.05, neither
10common law nor statutory rules of evidence are binding at a hearing under this
11subdivision.
AB410-ASA1, s. 40 12Section 40. 938.183 (1) (ar) of the statutes is created to read:
AB410-ASA1,16,1613 938.183 (1) (ar) A juvenile specified in par. (a) or (am) who is alleged to have
14attempted or committed a violation of any state criminal law in addition to the
15violation alleged under par. (a) or (am) if the violation alleged under this paragraph
16and the violation alleged under par. (a) or (am) may be joined under s. 971.12 (1).
AB410-ASA1, s. 41 17Section 41. 938.183 (1m) (c) of the statutes, as affected by 1997 Wisconsin Act
1827
, is renumbered 938.183 (1m) (c) (intro.) and amended to read:
AB410-ASA1,17,219 938.183 (1m) (c) (intro.) If the juvenile is convicted of found to have committed
20a lesser offense than the offense alleged under sub. (1) (a), (am), (ar), (b) or (c) or is
21found to have committed the offense alleged under sub. (1) (ar), but not the offense
22under sub. (1) (a) or (am) to which the offense alleged under sub. (1) (ar) is joined,
and
23if any of the following conditions specified in sub. (2) (a) or (b) applies, the court of
24criminal jurisdiction may impose a criminal penalty or shall, in lieu of convicting the

1juvenile, adjudge the juvenile to be delinquent and impose
a disposition specified in
2s. 938.34.:
AB410-ASA1, s. 42 3Section 42. 938.183 (1m) (c) 1. of the statutes is created to read:
AB410-ASA1,17,114 938.183 (1m) (c) 1. The court of criminal jurisdiction finds that the juvenile has
5committed a lesser offense or a joined offense that is not a violation of s. 940.20 (1)
6or (2m) or 946.43 under the circumstances described in sub. (1) (a), that is not an
7attempt to violate s. 940.01 under the circumstances described in sub. (1) (am), that
8is not a violation of s. 940.02 or 940.05 under the circumstances described in sub. (1)
9(am) and that is not an offense for which the court assigned to exercise jurisdiction
10under this chapter and ch. 48 may waive its jurisdiction over the juvenile under s.
11938.18.
AB410-ASA1, s. 43 12Section 43. 938.183 (1m) (c) 2. of the statutes is created to read:
AB410-ASA1,17,2313 938.183 (1m) (c) 2. The court of criminal jurisdiction finds that the juvenile has
14committed a lesser offense or a joined offense that is a violation of s. 940.20 (1) or (2m)
15or 946.43 under the circumstances described in sub. (1) (a), that is an attempt to
16violate s. 940.01 under the circumstances described in sub. (1) (am), that is a
17violation of s. 940.02 or 940.05 under the circumstances described in sub. (1) (am) or
18that is an offense for which the court assigned to exercise jurisdiction under this
19chapter and ch. 48 may waive its jurisdiction over the juvenile under s. 938.18 and
20the court of criminal jurisdiction, after considering the criteria specified in s. 938.18
21(5), determines that the juvenile has proved by clear and convincing evidence that
22it would be in the best interests of the juvenile and of the public to adjudge the
23juvenile to be delinquent and impose a disposition specified in s. 938.34.
AB410-ASA1, s. 44 24Section 44. 938.183 (2) (intro.), (a) and (b) of the statutes, as affected by 1997
25Wisconsin Act 27
, are consolidated, renumbered 938.183 (2) and amended to read:
AB410-ASA1,19,11
1938.183 (2) Notwithstanding ss. 938.12 (1) and 938.18, courts of criminal
2jurisdiction have exclusive original jurisdiction over a juvenile who is alleged to have
3attempted or committed a violation of s. 940.01 or to have committed a violation of
4s. 940.02 or 940.05 on or after the juvenile's 15th birthday. Notwithstanding ss.
5938.12 (1) and 938.18, courts of criminal jurisdiction also have exclusive original
6jurisdiction over a juvenile specified in the preceding sentence who is alleged to have
7attempted or committed a violation of any state law in addition to the violation
8alleged under the preceding sentence if the violation alleged under this sentence and
9the violation alleged under the preceding sentence may be joined under s. 972.12 (1).

10Notwithstanding subchs. IV to VI, a juvenile who is alleged to have attempted or
11committed a violation of s. 940.01 or to have committed a violation of s. 940.02 or
12940.05 on or after the juvenile's 15th birthday and a juvenile who is alleged to have
13attempted or committed a violation of any state criminal law, if that violation and an
14attempt to commit a violation of s. 940.01 or the commission of a violation of s. 940.01,
15940.02 or 940.05 may be joined under s. 971.12 (1),
is subject to the procedures
16specified in chs. 967 to 979 and the criminal penalties provided for the crime that the
17juvenile is alleged to have committed, except that the court of criminal jurisdiction
18shall, in lieu of convicting the juvenile, adjudge the juvenile to be delinquent and
19impose a disposition specified in s. 938.34 if any of the following conditions applies:
20(a) The
the court of criminal jurisdiction convicts finds that the juvenile of has
21committed
a lesser offense that is not an attempt to violate s. 940.01, that is not a
22violation of s. 940.02 or 940.05 and that is not an offense for which the court assigned
23to exercise jurisdiction under this chapter and ch. 48 may waive its jurisdiction over
24the juvenile under s. 938.18. (b) The court of criminal jurisdiction convicts the
25juvenile of a lesser offense that is an attempt to violate s. 940.01, that is a violation

1of s. 940.02 or 940.05 or that is an offense for which the court assigned to exercise
2jurisdiction under this chapter and ch. 48 may waive its jurisdiction over the juvenile
3under s. 938.18
than the offense alleged under this subsection or has committed an
4offense that is joined under s. 971.12 (1) to an attempt to commit a violation of s.
5940.01 or to the commission of a violation of s. 940.01, 940.02 or 940.05, but has not
6attempted to commit a violation of s. 940.01 or committed a violation of s. 940.01,
7940.02 or 940.05,
and the court of criminal jurisdiction, after considering the criteria
8specified in s. 938.18 (5), determines that the juvenile has proved by clear and
9convincing evidence that it would be in the best interests of the juvenile and of the
10public to adjudge the juvenile to be delinquent and impose a disposition specified in
11s. 938.34.
AB410-ASA1, s. 45 12Section 45. 938.245 (2) (a) 5. a. of the statutes is amended to read:
AB410-ASA1,19,2413 938.245 (2) (a) 5. a. That the juvenile participate in a restitution project if the
14act for which the deferred prosecution agreement is being entered into has resulted
15in damage to the property of another, or in actual physical injury to another
16excluding pain and suffering. Subject to subd. 5. c., the deferred prosecution
17agreement may require the juvenile to repair the damage to property or to make
18reasonable restitution for the damage or injury if the intake worker, after taking into
19consideration the well-being and needs of the victim, considers it beneficial to the
20well-being and behavior of the juvenile. Any such deferred prosecution agreement
21shall include a determination that the juvenile alone is financially able to pay and
22may allow up to the date of the expiration of the deferred prosecution agreement for
23the payment. Any recovery under this subd. 5. a. shall be reduced by the amount
24recovered as restitution for the same act under subd. 5. am.
AB410-ASA1, s. 46 25Section 46. 938.245 (2) (a) 5. am. of the statutes is created to read:
AB410-ASA1,20,13
1938.245 (2) (a) 5. am. That the parent who has custody, as defined in s. 895.035
2(1), of the juvenile make reasonable restitution for any damage to the property of
3another, or for any actual physical injury to another excluding pain and suffering,
4resulting from the act for which the deferred prosecution agreement is being entered
5into. Except for recovery for retail theft under s. 943.51, the maximum amount of any
6restitution ordered under this subd. 5. am. for damage or injury resulting from any
7one act of a juvenile or from the same act committed by 2 or more juveniles in the
8custody of the same parent may not exceed the amount specified in s. 799.01 (1) (d).
9Any order under this subd. 5. am. shall include a finding that the parent who has
10custody of the juvenile is financially able to pay the amount ordered and may allow
11up to the date of the expiration of the deferred prosecution agreement for the
12payment. Any recovery under this subd. 5. am. shall be reduced by the amount
13recovered as restitution for the same act under subd. 5. a.
AB410-ASA1, s. 47 14Section 47. 938.299 (4) (b) of the statutes is amended to read:
AB410-ASA1,21,315 938.299 (4) (b) Except as provided in s. 901.05, neither common law nor
16statutory rules of evidence are binding at a waiver hearing under s. 938.18, a hearing
17for a juvenile held in custody under s. 938.21, a hearing under s. 938.296 (4) for a
18juvenile who is alleged to have violated s. 940.225, 948.02, 948.025, 948.05 or 948.06,
19a dispositional hearing, or a any postdispositional hearing about changes in
20placement, revision of dispositional orders or extension of dispositional orders
under
21this chapter
. At those hearings, the court shall admit all testimony having
22reasonable probative value, but shall exclude immaterial, irrelevant or unduly
23repetitious testimony or evidence that is inadmissible under s. 901.05. Hearsay
24evidence may be admitted if it has demonstrable circumstantial guarantees of
25trustworthiness. The court shall give effect to the rules of privilege recognized by

1law. The court shall apply the basic principles of relevancy, materiality and probative
2value to proof of all questions of fact. Objections to evidentiary offers and offers of
3proof of evidence not admitted may be made and shall be noted in the record.
AB410-ASA1, s. 48 4Section 48. 938.32 (1t) (a) 1. of the statutes is amended to read:
AB410-ASA1,21,175 938.32 (1t) (a) 1. Subject to subd. 3., if the petition alleges that the juvenile
6committed a delinquent act that has resulted in damage to the property of another,
7or in actual physical injury to another excluding pain and suffering, the judge or
8juvenile court commissioner may require the juvenile as a condition of the consent
9decree, to repair the damage to property or to make reasonable restitution for the
10damage or injury if the judge or juvenile court commissioner, after taking into
11consideration the well-being and needs of the victim, considers it beneficial to the
12well-being and behavior of the juvenile. Any consent decree that includes a
13condition of restitution by a juvenile shall include a finding that the juvenile alone
14is financially able to pay and may allow up to the date of the expiration of the consent
15decree for the payment. Objection by the juvenile to the amount of damages claimed
16shall entitle the juvenile to a hearing on the question of damages before the amount
17of restitution is made part of the consent decree.
AB410-ASA1, s. 49 18Section 49. 938.32 (1t) (a) 1m. of the statutes is created to read:
AB410-ASA1,22,1019 938.32 (1t) (a) 1m. If the petition alleges that the juvenile has committed a
20delinquent act that has resulted in damage to the property of another, or in actual
21physical injury to another excluding pain and suffering, the judge or juvenile court
22commissioner may require a parent who has custody, as defined in s. 895.035 (1), of
23the juvenile, as a condition of the consent decree, to make reasonable restitution for
24the damage or injury. Except for recovery for retail theft under s. 943.51, the
25maximum amount of any restitution ordered under this subdivision for damage or

1injury resulting from any one act of a juvenile or from the same act committed by 2
2or more juveniles in the custody of the same parent may not exceed the amount
3specified in s. 799.01 (1) (d). Any consent decree that includes a condition of
4restitution by a parent who has custody of the juvenile shall include a finding that
5the parent who has custody of the juvenile is financially able to pay the amount
6ordered and may allow up to the date of the expiration of the consent decree for the
7payment. Objection by the parent to the amount of damages claimed shall entitle the
8parent to a hearing on the question of damages before the amount of restitution is
9made part of the consent decree. Any recovery under this subdivision shall be
10reduced by the amount recovered as restitution for the same act under subd. 1.
AB410-ASA1, s. 50 11Section 50. 938.34 (5) (a) of the statutes is amended to read:
AB410-ASA1,22,2312 938.34 (5) (a) Subject to par. (c), if the juvenile is found to have committed a
13delinquent act which has resulted in damage to the property of another, or actual
14physical injury to another excluding pain and suffering, order the juvenile to repair
15the damage to property or to make reasonable restitution for the damage or injury
16if the court, after taking into consideration the well-being and needs of the victim,
17considers it beneficial to the well-being and behavior of the juvenile. Any such order
18shall include a finding that the juvenile alone is financially able to pay and may allow
19up to the date of the expiration of the order for the payment. Objection by the juvenile
20to the amount of damages claimed shall entitle the juvenile to a hearing on the
21question of damages before the amount of restitution is ordered. Any recovery under
22this paragraph shall be reduced by the amount recovered as restitution under s.
23938.45 (1r) (a).
AB410-ASA1, s. 51 24Section 51. 938.34 (8) of the statutes is amended to read:
AB410-ASA1,23,21
1938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that
2this disposition is in the best interest of the juvenile and in aid of rehabilitation. The
3maximum forfeiture that the court may impose under this subsection for a violation
4by a juvenile is the maximum amount of the fine that may be imposed on an adult
5for committing that violation or, if the violation is applicable only to a person under
618 years of age, $100. Any such order shall include a finding that the juvenile alone
7is financially able to pay the forfeiture and shall allow up to 12 months for payment.
8If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order
9other alternatives under this section, in accordance with the conditions specified in
10this subchapter; or the court may suspend any license issued under ch. 29 for not less
11than 30 days nor more than 5 years, or suspend the juvenile's operating privilege as
12defined in s. 340.01 (40) for not less than 30 days nor more than 5 years. If the court
13suspends any license under this subsection, the clerk of the court shall immediately
14take possession of the suspended license and forward it to the department which
15issued the license, together with a notice of suspension clearly stating that the
16suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is
17paid during the period of suspension, the suspension shall be reduced to the time
18period which has already elapsed and the court shall immediately notify the
19department which shall then return the license to the juvenile. Any recovery under
20this subsection shall be reduced by the amount recovered as a forfeiture for the same
21act under s. 938.45 (1r) (b).
AB410-ASA1, s. 52 22Section 52. 938.342 (1) (b) of the statutes is amended to read:
AB410-ASA1,23,2523 938.342 (1) (b) Order the person to participate in counseling or to participate
24for not more than 25 hours in
a supervised work program or other community service
25work under s. 938.34 (5g).
AB410-ASA1, s. 53
1Section 53. 938.342 (1) (c) of the statutes is amended to read:
AB410-ASA1,24,62 938.342 (1) (c) Order the person to remain at home for not more than 30 days
3except during hours in which the person is attending religious worship or a school
4program, including travel time required to get to and from the school program or
5place of worship. The order may permit a person to leave his or her home if the person
6is accompanied by a parent or guardian.
AB410-ASA1, s. 54 7Section 54. 938.343 (2) of the statutes is amended to read:
AB410-ASA1,24,218 938.343 (2) Impose a forfeiture not to exceed the maximum forfeiture that may
9be imposed on an adult for committing that violation or, if the violation is only
10applicable to a person under 18 years of age, $50. Any such order shall include a
11finding that the juvenile alone is financially able to pay and shall allow up to 12
12months for the payment. If a juvenile fails to pay the forfeiture, the court may
13suspend any license issued under ch. 29 or suspend the juvenile's operating privilege
14as defined in s. 340.01 (40), for not less than 30 days nor more than 5 years. The court
15shall immediately take possession of the suspended license and forward it to the
16department which issued the license, together with the notice of suspension clearly
17stating that the suspension is for failure to pay a forfeiture imposed by the court. If
18the forfeiture is paid during the period of suspension, the court shall immediately
19notify the department, which will thereupon return the license to the person. Any
20recovery under this subsection shall be reduced by the amount recovered as a
21forfeiture for the same act under s. 938.45 (1r) (b).
AB410-ASA1, s. 55 22Section 55. 938.343 (4) of the statutes is amended to read:
AB410-ASA1,25,923 938.343 (4) If the violation has resulted in damage to the property of another,
24or in actual physical injury to another excluding pain and suffering, the court may
25order the juvenile to make repairs of the damage to property or reasonable

1restitution for the damage or injury if the court, after taking into consideration the
2well-being and needs of the victim, considers it beneficial to the well-being and
3behavior of the juvenile. Any such order requiring payment for repairs or restitution
4shall include a finding that the juvenile alone is financially able to pay and may allow
5up to the date of the expiration of the order for the payment. Objection by the juvenile
6to the amount of damages claimed shall entitle the juvenile to a hearing on the
7question of damages before the amount of restitution is ordered. Any recovery under
8this subsection shall be reduced by the amount recovered as restitution for the same
9act under s. 938.45 (1r) (a).
AB410-ASA1, s. 56 10Section 56. 938.346 (1) (a) of the statutes is amended to read:
AB410-ASA1,25,1211 938.346 (1) (a) The procedure procedures under s. 938.396 (1r) and (6) for
12obtaining the identity of the juvenile and the juvenile's parents.
AB410-ASA1, s. 57 13Section 57. 938.35 (1) (a) of the statutes is amended to read:
AB410-ASA1,25,1614 938.35 (1) (a) In sentencing proceedings after conviction of a felony or
15misdemeanor and then only for the purpose of a presentence study and report
16investigation.
AB410-ASA1, s. 58 17Section 58. 938.35 (1) (c) of the statutes is amended to read:
AB410-ASA1,25,2018 938.35 (1) (c) In a court of civil or criminal jurisdiction while it is exercising the
19jurisdiction of a over an action affecting the family court and is considering the
20custody of juveniles a juvenile.
AB410-ASA1, s. 59 21Section 59. 938.355 (2) (c) of the statutes is amended to read:
AB410-ASA1,26,222 938.355 (2) (c) If school attendance is a condition of an order under par. (b) 7.,
23the order shall specify what constitutes a violation of the condition and shall direct
24the school board of the school district, or the governing body of the private school, in
25which the juvenile is enrolled to notify the county department that is responsible for

1supervising the juvenile within 5 days after any violation of the condition by the
2juvenile.
AB410-ASA1, s. 60 3Section 60. 938.355 (6) (b) of the statutes is amended to read:
AB410-ASA1,26,114 938.355 (6) (b) A motion for imposition of a sanction may be brought by the
5person or agency primarily responsible for the provision of dispositional services, the
6district attorney or corporation counsel or the court that entered the dispositional
7order. If the court initiates the motion, that court is disqualified from holding a
8hearing on the motion.
Notice of the motion shall be given to the juvenile, guardian
9ad litem, counsel, parent, guardian, legal custodian and all parties present at the
10original dispositional hearing. The motion shall contain a statement of whether the
11juvenile may be subject to the federal Indian child welfare act, 25 USC 1911 to 1963.
AB410-ASA1, s. 61 12Section 61. 938.355 (6) (d) 2. of the statutes is amended to read:
AB410-ASA1,26,2413 938.355 (6) (d) 2. Suspension of or limitation on the use of the juvenile's
14operating privilege, as defined under s. 340.01 (40), or of any approval issued under
15ch. 29 for a period of not more than 3 years. If the juvenile does not hold a valid
16operator's license under ch. 343, other than an instruction permit under s. 343.07 or
17a restricted license under s. 343.08, on the date of the order issued under this
18subdivision, the court may order the suspension to begin on the date that the
19operator's license would otherwise be reinstated or issued after the juvenile applies
20and qualifies for issuance or 2 years after the date of the order issued under this
21subdivision, whichever occurs first.
If the court suspends the juvenile's operating
22privileges or an approval issued under ch. 29, the court shall immediately take
23possession of the suspended license or approval and forward it to the department
24that issued it, together with the notice of suspension.
AB410-ASA1, s. 62 25Section 62. 938.355 (6) (e) of the statutes is created to read:
AB410-ASA1,27,3
1938.355 (6) (e) This subsection does not preclude a person who is aggrieved by
2a juvenile's violation of a condition specified in sub. (2) (b) 7. from proceeding against
3the juvenile for contempt of court under ch. 785.
AB410-ASA1, s. 63 4Section 63. 938.355 (6d) (title) of the statutes is repealed and recreated to
5read:
AB410-ASA1,27,66 938.355 (6d) (title) Short-term detention to investigate violation of order.
AB410-ASA1, s. 64 7Section 64. 938.355 (6d) of the statutes is renumbered 938.355 (6d) (a) and
8amended to read:
AB410-ASA1,27,249 938.355 (6d) (a) Notwithstanding ss. 938.19 to 938.21, but subject to any
10general written policies adopted by the court under s. 938.06 (1) or (2) and to any
11policies adopted by the county board relating to the taking into custody and
12placement of a juvenile under this subsection, if a juvenile who has been adjudged
13delinquent violates a condition specified in sub. (2) (b) 7., the juvenile's caseworker
14or any person authorized to provide or providing intake or dispositional services for
15the court under s. 938.067 or 938.069
may, without a hearing, take the juvenile into
16custody and place the juvenile in a secure detention facility or juvenile portion of a
17county jail that meets the standards promulgated by the department of corrections
18by rule or in a place of nonsecure custody designated by the caseworker that person
19for not more than 72 hours while the alleged violation is being investigated, if at the
20dispositional hearing the court explained those conditions to the juvenile and
21informed the juvenile of the possibility of that placement or if before the violation the
22juvenile has acknowledged in writing that he or she has read, or has had read to him
23or her, those conditions and that possible placement and that he or she understands
24those conditions and that possible placement.
AB410-ASA1,28,15
1(b) Notwithstanding ss. 938.19 to 938.21, but subject to any general written
2policies adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by
3the county board relating to the taking into custody and placement of a juvenile
4under this subsection, if a juvenile who has been found to be in need of protection or
5services under s. 938.13 violates a condition specified in sub. (2) (b) 7., the juvenile's
6caseworker or any person authorized to provide or providing intake or dispositional
7services for the court under s. 938.067 or 938.069
may, without a hearing, take the
8juvenile into custody and place the juvenile in a place of nonsecure custody
9designated by the caseworker that person for not more than 72 hours while the
10alleged violation is being investigated, if at the dispositional hearing the court
11explained those conditions to the juvenile and informed the juvenile of the possibility
12of that placement or if before the violation the juvenile has acknowledged in writing
13that he or she has read, or has had read to him or her, those conditions and that
14possible placement and that he or she understands those conditions and that possible
15placement.
AB410-ASA1,28,23 16(c) If a juvenile is held under par. (a) or (b) in a secure detention facility, juvenile
17portion of a county jail or place of nonsecure custody for longer than 72 hours, the
18juvenile is entitled to a hearing under sub. (6) (c) or s. 938.21. The hearing shall be
19conducted in the manner provided in sub. (6) or s. 938.21, except that for a hearing
20under s. 938.21 the hearing shall be conducted within 72 hours, rather than 24 hours,
21after the time that the decision to hold the juvenile was made and a written
22statement of the reasons for continuing to hold the juvenile in custody may be filed
23rather than a petition under s. 938.25.
AB410-ASA1, s. 65 24Section 65. 938.355 (6g) (c) of the statutes is created to read:
AB410-ASA1,29,3
1938.355 (6g) (c) This subsection does not preclude a person who is aggrieved
2by a juvenile's violation of a condition specified in sub. (2) (b) 7. from proceeding
3against the juvenile for contempt of court under ch. 785.
AB410-ASA1, s. 66 4Section 66. 938.355 (6m) (a) of the statutes is amended to read:
AB410-ASA1,30,25 938.355 (6m) (a) If the court finds by a preponderance of the evidence that a
6juvenile who has been found in need of protection or services based on habitual
7truancy from school has violated a condition specified under sub. (2) (b) 7., the court
8may order as a sanction any combination of the operating privilege suspension
9specified in this paragraph and the dispositions specified in s. 938.342 (1) (b) to (f)
10and (1m), regardless of whether the disposition was imposed in the order violated by
11the juvenile, if at the dispositional hearing under s. 938.335 the court explained those
12conditions to the juvenile and informed the juvenile of the possible sanctions under
13this paragraph for a violation or if before the violation the juvenile has acknowledged
14in writing that he or she has read, or has had read to him or her, those conditions and
15possible sanctions and that he or she understands those conditions and possible
16sanctions. The court may order as a sanction suspension or limitation on the use of
17the juvenile's operating privilege, as defined under s. 340.01 (40), for not more than
18one year. If the juvenile does not hold a valid operator's license under ch. 343, other
19than an instruction permit under s. 343.07 or a restricted license under s. 343.08, on
20the date of the order issued under this paragraph, the court may order the
21suspension on limitation to begin on the date that the operator's license would
22otherwise be reinstated or issued after the juvenile applies and qualifies for issuance
23or 2 years after the date of the order issued under this paragraph, whichever occurs
24first. If the court suspends an operating privilege under this paragraph, the court
25shall immediately take possession of the suspended license and forward it to the

1department of transportation with a notice stating the reason for and the duration
2of the suspension.
AB410-ASA1, s. 67 3Section 67. 938.355 (6m) (b) of the statutes is amended to read:
AB410-ASA1,30,114 938.355 (6m) (b) A motion for the imposition of a sanction under par. (a) may
5be brought by the person or agency primarily responsible for providing dispositional
6services to the juvenile, the administrator of the school district in which the juvenile
7is enrolled or resides,
the district attorney, the corporation counsel or the court that
8entered the dispositional order. If the court initiates the motion, that court is
9disqualified from holding a hearing on the motion. Notice of the motion shall be given
10to the juvenile, guardian ad litem, counsel, parent, guardian, legal custodian and all
11parties present at the original dispositional hearing.
AB410-ASA1, s. 68 12Section 68. 938.396 (1) of the statutes is amended to read:
AB410-ASA1,31,513 938.396 (1) Law enforcement officers' records of juveniles shall be kept
14separate from records of adults. Law enforcement officers' records of juveniles shall
15not be open to inspection or their contents disclosed except under sub. (1b), (1d), (1g),
16(1m), (1r) or, (1t) or (1x) or s. 938.293 or by order of the court. This subsection does
17not apply to representatives of the news media who wish to obtain information for
18the purpose of reporting news without revealing the identity of the juvenile involved,
19to the confidential exchange of information between the police and officials of the
20school attended by the juvenile or other law enforcement or social welfare agencies
21or to juveniles 10 years of age or older who are subject to the jurisdiction of the court
22of criminal jurisdiction. A public school official who obtains information under this
23subsection shall keep the information confidential as required under s. 118.125 and
24a private school official who obtains information under this subsection shall keep the
25information confidential in the same manner as is required of a public school official

1under s. 118.125. A law enforcement agency that obtains information under this
2subsection shall keep the information confidential as required under this subsection
3and s. 48.396 (1). A social welfare agency that obtains information under this
4subsection shall keep the information confidential as required under ss. 48.78 and
5938.78.
AB410-ASA1, s. 69 6Section 69. 938.396 (1m) (a) of the statutes, as affected by 1997 Wisconsin Act
727
, is amended to read:
AB410-ASA1,31,178 938.396 (1m) (a) A law enforcement agency, on its own initiative or on the
9request of the school district administrator of a public school district , the
10administrator of a private school
or the school district administrator's designee of the
11school district administrator or the private school administrator
, may, subject to
12official agency policy, provide to the school district administrator , private school
13administrator
or designee any information in its records relating to the use,
14possession or distribution of alcohol or a controlled substance or controlled substance
15analog by a juvenile enrolled in the public school district or private school. The
16information shall be used by the school district or private school as provided under
17s. 118.127 (2).
AB410-ASA1, s. 70 18Section 70. 938.396 (1m) (am) of the statutes, as affected by 1997 Wisconsin
19Act 27
, is amended to read:
AB410-ASA1,32,320 938.396 (1m) (am) A law enforcement agency, on its own initiative or on the
21request of the school district administrator of a public school district , the
22administrator of a private school
or the school district administrator's designee of the
23school district administrator or the private school administrator
, may, subject to
24official agency policy, provide to the school district administrator , private school
25administrator
or designee any information in its records relating to the illegal

1possession by a juvenile of a dangerous weapon, as defined in s. 939.22 (10). The
2information shall be used by the school district or private school as provided in s.
3118.127 (2).
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