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).
AB410-ASA1, s. 71 4Section 71. 938.396 (1m) (ar) of the statutes, as created by 1997 Wisconsin Act
527
, is amended to read:
AB410-ASA1,32,166 938.396 (1m) (ar) A law enforcement agency, on its own initiative or on the
7request of the school district administrator of a public school district , the
8administrator of a private school
or the school district administrator's designee of the
9school district administrator or the private school administrator
, may, subject to
10official agency policy, provide to the school district administrator , private school
11administrator
or designee any information in its records relating to an act for which
12a juvenile enrolled in the school district or private school was taken into custody
13under s. 938.19 based on a law enforcement officer's belief that the juvenile was
14committing or had committed an act that is a violation specified in s. 938.34 (4h) (a).
15The information shall be used by the school district or private school as provided in
16s. 118.127 (2).
AB410-ASA1, s. 72 17Section 72. 938.396 (1m) (b) of the statutes, as affected by 1997 Wisconsin Act
1827
, is amended to read:
AB410-ASA1,33,219 938.396 (1m) (b) A law enforcement agency, on its own initiative or on the
20request of the school district administrator of a public school district , the
21administrator of a private school
or the school district administrator's designee of the
22school district administrator or the private school administrator
, may, subject to
23official agency policy, provide to the school district administrator , private school
24administrator
or designee any information in its records relating to the act for which
25a juvenile enrolled in the public school district or private school was adjudged

1delinquent. The information shall be used by the school district or private school as
2provided in s. 118.127 (2).
AB410-ASA1, s. 73 3Section 73. 938.396 (1m) (c) of the statutes is amended to read:
AB410-ASA1,33,134 938.396 (1m) (c) On petition of a law enforcement agency to review pupil
5records, as defined in s. 118.125 (1) (d), other than pupil records that may be disclosed
6without a court order under s. 118.125 (2) or (2m), for the purpose of investigating
7alleged delinquent or criminal activity, the court may order the school board of the
8school district, or the governing body of the private school, in which a juvenile is
9enrolled to disclose to the law enforcement agency the pupil records of that juvenile
10as necessary for the law enforcement agency to pursue its investigation. The law
11enforcement agency may use the pupil records only for the purpose of its
12investigation and may make the pupil records available only to employes of the law
13enforcement agency who are working on the investigation.
AB410-ASA1, s. 74 14Section 74. 938.396 (1m) (d) of the statutes is created to read:
AB410-ASA1,33,2315 938.396 (1m) (d) On petition of a fire investigator under s. 165.55 (15) to review
16pupil records, as defined in s. 118.125 (1) (d), other than pupils records that may be
17disclosed without a court order under s. 118.125 (2) or (2m), for the purpose of an
18investigation under s. 165.55, the court may order the school board of the school
19district in which a juvenile is enrolled to disclose to the fire investigator the pupil
20records of that juvenile as necessary for the fire investigator to pursue his or her
21investigation. The fire investigator may use the pupil records only for the purpose
22of pursuing his or her investigation and may make the pupil records available only
23to employes of the fire investigator who are working on the investigation.
AB410-ASA1, s. 75 24Section 75. 938.396 (1x) of the statutes is created to read:
AB410-ASA1,34,6
1938.396 (1x) If requested by a fire investigator under s. 165.55 (15), a law
2enforcement agency may, subject to official agency policy, disclose to the fire
3investigator any information in its records relating to a juvenile as necessary for the
4fire investigator to pursue his or her investigation under s. 165.55. The fire
5investigator may use and further disclose the information only for the purpose of
6pursuing that investigation.
AB410-ASA1, s. 76 7Section 76. 938.396 (2) (d) of the statutes is amended to read:
AB410-ASA1,34,178 938.396 (2) (d) Upon request of a court of criminal jurisdiction or a district
9attorney to review court records for the purpose of setting bail under ch. 969,
10impeaching a witness under s. 906.09 or
investigating and determining whether a
11person has possessed a firearm in violation of s. 941.29 (2) or upon request of a court
12of civil jurisdiction or the attorney for a party to a proceeding in that court to review
13court records for the purpose of impeaching a witness under s. 906.09
, the court
14assigned to exercise jurisdiction under this chapter and ch. 48 shall open for
15inspection by authorized representatives of the requester the records of the court
16relating to any juvenile who has been adjudicated delinquent for an act that would
17be a felony if committed by an adult
the subject of a proceeding under this chapter.
AB410-ASA1, s. 77 18Section 77. 938.396 (2) (dr) of the statutes is created to read:
AB410-ASA1,34,2319 938.396 (2) (dr) Upon request of the department of corrections or any other
20person preparing a presentence investigation under s. 972.15 to review court records
21for the purpose of preparing the presentence investigation, the court shall open for
22inspection by any authorized representative of the requester the records of the court
23relating to any juvenile who has been the subject of a proceeding under this chapter.
AB410-ASA1, s. 78 24Section 78. 938.396 (2) (g) of the statutes is created to read:
AB410-ASA1,35,6
1938.396 (2) (g) Upon request of any other court assigned to exercise jurisdiction
2under this chapter and ch. 48, a district attorney or corporation counsel to review
3court records for the purpose of any proceeding in that other court, the court shall
4open for inspection by any authorized representative of the requester the records of
5the court relating to any juvenile who has been the subject of a proceeding under this
6chapter.
AB410-ASA1, s. 79 7Section 79. 938.396 (2) (h) of the statutes is created to read:
AB410-ASA1,35,148 938.396 (2) (h) Upon request of the court having jurisdiction over an action
9affecting the family or of an attorney for a party or a guardian ad litem in an action
10affecting the family to review court records for the purpose of considering the custody
11of a juvenile, the court assigned to exercise jurisdiction under this chapter and ch.
1248 shall open for inspection by an authorized representative of the requester the
13records of the court relating to any juvenile who has been the subject of a proceeding
14under this chapter.
AB410-ASA1, s. 80 15Section 80. 938.396 (2) (i) of the statutes is created to read:
AB410-ASA1,35,2516 938.396 (2) (i) Upon request of the court assigned to exercise probate
17jurisdiction, the attorney general, the personal representative or special
18administrator of, or an attorney performing services for, the estate of a decedent in
19any proceeding under chs. 851 to 879, a person interested, a defined in s. 851.21, or
20an attorney, attorney-in-fact, guardian ad litem or guardian of the estate of a person
21interested to review court records for the purpose of s. 852.01 (2m) (bg), the court
22assigned to exercise jurisdiction under this chapter and ch. 48 shall open for
23inspection by any authorized representative of the requester the records of the court
24relating to any juvenile who has been adjudged delinquent on the basis of unlawfully
25and intentionally killing a person.
AB410-ASA1, s. 81
1Section 81. 938.396 (2) (j) of the statutes is created to read:
AB410-ASA1,36,82 938.396 (2) (j) Upon request of a fire investigator under s. 165.55 (15) to review
3court records for the purpose of pursuing an investigation under s. 165.55, the court
4shall open for inspection by authorized representatives of the requester the records
5of the court relating to any juvenile who has been adjudicated delinquent or found
6to be in need of protection or services under s. 938.13 (12) or (14) for a violation of s.
7940.08, 940.24, 941.10, 941.11, 943.01, 943.012, 943.013, 943.02, 943.03, 943.04,
8943.05, 943.06 or for an attempt to commit any of those violations.
AB410-ASA1, s. 82 9Section 82. 938.396 (6) of the statutes is amended to read:
AB410-ASA1,36,1310 938.396 (6) Notwithstanding sub. (5), The victim-witness coordinator may
11disclose to
a victim of a juvenile's act or alleged act may, with the approval of the
12court, obtain the names
the name and address of the juvenile and the juvenile's
13parents.
AB410-ASA1, s. 83 14Section 83. 938.396 (7) (a) of the statutes is amended to read:
AB410-ASA1,37,815 938.396 (7) (a) Notwithstanding sub. (2) (a), if a petition under s. 938.12 or
16938.13 (12) is filed alleging that a juvenile has committed a delinquent act that would
17be a felony if committed by an adult, the court clerk shall notify the school board of
18the school district, or the governing body of the private school, in which the juvenile
19is enrolled or the school board's designee of the school board or governing body of the
20fact that the petition has been filed and the nature of the delinquent act alleged in
21the petition. Notwithstanding sub. (2) (a) and subject to par. (b), if a juvenile is
22adjudged delinquent, within 5 days after the date on which the dispositional order
23is entered, the court clerk shall notify the school board of the school district, or the
24governing body of the private school,
in which the juvenile is enrolled or the school
25board's
designee of the school board or governing body of the fact that the juvenile

1has been adjudicated delinquent, the nature of the violation committed by the
2juvenile and the disposition imposed on the juvenile under s. 938.34 as a result of
3that violation. Notwithstanding sub. (2) (a), if school attendance is a condition of a
4dispositional order under s. 938.355 (2) (b) 7., within 5 days after the date on which
5the dispositional order is entered, the court clerk shall notify the school board of the
6school district, or the governing body of the private school, in which the juvenile is
7enrolled or the school board's designee of the school board or governing body of the
8fact that the juvenile's school attendance is a condition of a dispositional order.
AB410-ASA1, s. 84 9Section 84. 938.396 (7) (b) of the statutes is amended to read:
AB410-ASA1,37,1910 938.396 (7) (b) If a juvenile is found to have committed a delinquent act at the
11request of or for the benefit of a criminal gang, as defined in s. 939.22 (9), that would
12have been a felony under chs. 939 to 948 or 961 if committed by an adult and is
13adjudged delinquent on that basis, within 5 days after the date on which the
14dispositional order is entered the court clerk shall notify the school board of the
15school district, or the governing body of the private school, in which the juvenile is
16enrolled or the school board's designee of the school board or governing body of the
17fact that the juvenile has been adjudicated delinquent on that basis, the nature of
18the violation committed by the juvenile and the disposition imposed on the juvenile
19under s. 938.34 as a result of that violation.
AB410-ASA1, s. 85 20Section 85. 938.396 (7) (bm) of the statutes is amended to read:
AB410-ASA1,38,821 938.396 (7) (bm) Notwithstanding sub. (2) (a), in addition to the disclosure
22made under par. (a) or (b), if a juvenile is adjudicated delinquent and as a result of
23the dispositional order is enrolled in a different school district or private school from
24the school district or private school in which the juvenile is enrolled at the time of the
25dispositional order, the court clerk, within 5 days after the date on which the

1dispositional order is entered, shall provide the school board of the juvenile's new
2school district, the governing body of the juvenile's new private school or the school
3board's
designee of the school board or governing body with the information specified
4in par. (a) or (b), whichever is applicable, and, in addition, shall notify that school
5board, governing body or designee of whether the juvenile has been adjudicated
6delinquent previously by that court, the nature of any previous violations committed
7by the juvenile and the dispositions imposed on the juvenile under s. 938.34 as a
8result of those previous violations.
AB410-ASA1, s. 86 9Section 86. 938.396 (7) (c) of the statutes is amended to read:
AB410-ASA1,39,710 938.396 (7) (c) No information from the juvenile's court records, other than
11information disclosed under par. (a), (b) or (bm), may be disclosed to the school board
12of the school district, or the governing body of the private school, in which the juvenile
13is enrolled or the school board's designee of the school board or governing body except
14by order of the court. Any information provided under this subsection to the school
15board of the school district, or the governing body of the private school, in which the
16juvenile is enrolled or the school board's designee of the school board or governing
17body
shall be disclosed by the school board, governing body or designee to employes
18of the school district or private school who work directly with the juvenile or who have
19been determined by the school board, governing body or designee to have legitimate
20educational interests, including safety interests, in the information. A school district
21or private school employe to whom information is disclosed under this paragraph
22shall may not further disclose the information. A school board shall not use any
23information provided under this subsection as the sole basis for expelling or
24suspending a juvenile. A school board member of a school board or of the governing
25body of a private school
or an employe of a school district or private school may not

1be held personally liable for any damages caused by the nondisclosure of any
2information specified in this paragraph unless the member or employe acted with
3actual malice in failing to disclose the information. A school district or private school
4may not be held liable for any damages caused by the nondisclosure of any
5information specified in this paragraph unless the school district , private school or
6its agent acted with gross negligence or with reckless, wanton or intentional
7misconduct in failing to disclose the information.
AB410-ASA1, s. 87 8Section 87. 938.45 (1r) of the statutes is created to read:
AB410-ASA1,39,229 938.45 (1r) (a) In a proceeding in which a juvenile has been found to have
10committed a delinquent act or a civil law or ordinance violation that has resulted in
11damage to the property of another, or in actual physical injury to another excluding
12pain and suffering, the court may order a parent who has custody, as defined in s.
13895.035 (1), of the juvenile to make reasonable restitution for the damage or injury.
14Except for recovery for retail theft under s. 943.51, the maximum amount of any
15restitution ordered under this paragraph for damage or injury resulting from any
16one act of a juvenile or from the same act committed by 2 or more juveniles in the
17custody of the same parent may not exceed the amount specified in s. 799.01 (1) (d).
18Any order under this paragraph shall include a finding that the parent who has
19custody of the juvenile is financially able to pay the amount ordered and may allow
20up to the date of expiration of the order for the payment. Any recovery under this
21paragraph shall be reduced by the amount recovered as restitution for the same act
22under s. 938.34 (5) or 938.343 (4).
AB410-ASA1,40,723 (b) In a proceeding in which the court has determined under s. 938.34 (8) or
24938.343 (2) that the imposition of a forfeiture would be in the best interest of the
25juvenile and in aid of rehabilitation, the court may order a parent who has custody,

1as defined in s. 895.035 (1), of the juvenile to pay the forfeiture. The amount of any
2forfeiture ordered under this paragraph may not exceed the amount specified in s.
3799.01 (1) (d). Any order under this paragraph shall include a finding that the parent
4who has custody of the juvenile is financially able to pay the amount ordered and
5shall allow up to 12 months after the date of the order for the payment. Any recovery
6under this paragraph shall be reduced by the amount recovered as a forfeiture for
7the same act under s. 938.34 (8) or 938.343 (2).
AB410-ASA1, s. 88 8Section 88. 938.45 (2) of the statutes is amended to read:
AB410-ASA1,40,189 938.45 (2) No order under sub. (1) (a) or , (1m) (a) or (1r) (a) or (b) may be entered
10until the person who is the subject of the contemplated order is given an opportunity
11to be heard on the contemplated order. The court shall cause notice of the time, place
12and purpose of the hearing to be served on the person personally at least 10 days
13before the date of hearing. The procedure in these cases shall, as far as practicable,
14be the same as in other cases in the court. At the hearing the person may be
15represented by counsel and may produce and cross-examine witnesses. Any person
16who fails to comply with any order issued by a court under sub. (1) (a) or, (1m) (a) or
17(1r) (a) or (b)
may be proceeded against for contempt of court. If the person's conduct
18involves a crime, the person may be proceeded against under the criminal law.
AB410-ASA1, s. 89 19Section 89. 938.78 (2) (b) 1. of the statutes is amended to read:
AB410-ASA1,41,620 938.78 (2) (b) 1. Paragraph (a) does not apply to the confidential exchange of
21information between an agency, and another social welfare agency, a law
22enforcement agency, the victim-witness coordinator or , a fire investigator under s.
23165.55 (15),
a public school district or a private school regarding an individual in the
24care or legal custody of the agency. A social welfare agency that obtains information
25under this paragraph shall keep the information confidential as required under this

1section and s. 48.78. A law enforcement agency that obtains information under this
2paragraph shall keep the information confidential as required under ss. 48.396 (1)
3and 938.396 (1). A public school that obtains information under this paragraph shall
4keep the information confidential as required under s. 118.125 and a private school
5that obtains information under this paragraph shall keep the information
6confidential in the same manner as is required of a public school under s. 118.125.
AB410-ASA1, s. 90 7Section 90. 938.78 (2) (b) 2. of the statutes is amended to read:
AB410-ASA1,41,178 938.78 (2) (b) 2. On petition of an agency to review pupil records, as defined in
9s. 118.125 (1) (d), other than pupil records that may be disclosed without court order
10under s. 118.125 (2) or (2m), for the purpose of providing treatment or care for an
11individual in the care or legal custody of the agency, the court may order the school
12board of the school district, or the governing body of the private school, in which an
13individual is enrolled to disclose to the agency the pupil records of the individual as
14necessary for the agency to provide that treatment or care. The agency may use the
15pupil records only for the purpose of providing treatment or care and may make the
16pupil records available only to employes of the agency who are providing treatment
17or care for the individual.
AB410-ASA1, s. 91 18Section 91. 938.78 (2) (e) of the statutes is amended to read:
AB410-ASA1,41,2519 938.78 (2) (e) Paragraph (a) does not prohibit the department from disclosing
20information about an individual adjudged delinquent under s. 938.31 938.183 or
21938.34
for a sexually violent offense, as defined in s. 980.01 (6), to the department
22of justice, or a district attorney or a judge acting under ch. 980 or to an attorney who
23represents a person subject to a petition under ch. 980. The court in which the
24petition under s. 980.02 is filed may issue any protective orders that it determines
25are appropriate concerning information disclosed under this paragraph.
AB410-ASA1, s. 92
1Section 92. 970.032 (title) of the statutes is amended to read:
AB410-ASA1,42,3 2970.032 (title) Preliminary examination; child juvenile under original
3adult court jurisdiction.
AB410-ASA1, s. 93 4Section 93. 970.032 (1) of the statutes is amended to read:
AB410-ASA1,42,125 970.032 (1) Notwithstanding s. 970.03, if a preliminary examination is held
6regarding a child juvenile who is subject to the original jurisdiction of the court of
7criminal jurisdiction under s. 938.183 (1) or (2), the court shall first determine
8whether there is probable cause to believe that the child juvenile has committed the
9violation of which he or she is accused under the circumstances specified in s. 938.183
10(1) (a), (am), (ar), (b) or (c) or (2), whichever is applicable. If the court does not make
11that finding, the court shall order that the child juvenile be discharged but
12proceedings may be brought regarding the child juvenile under ch. 938.
AB410-ASA1, s. 94 13Section 94. 970.032 (2) (intro.) of the statutes is amended to read:
AB410-ASA1,42,2014 970.032 (2) (intro.) If the court finds probable cause as specified in sub. (1) to
15believe that the juvenile has committed the violation of which he or she is accused
16under the circumstances specified in s. 938.183 (1) (a), (am), (ar), (b) or (c)
, the court
17shall determine whether to retain jurisdiction or to transfer jurisdiction to the court
18assigned to exercise jurisdiction under chs. 48 and 938. The court shall retain
19jurisdiction unless the child juvenile proves by a preponderance of the evidence all
20of the following:
AB410-ASA1, s. 95 21Section 95. 970.032 (2) (a) of the statutes is amended to read:
AB410-ASA1,42,2322 970.032 (2) (a) That, if convicted, the child juvenile could not receive adequate
23treatment in the criminal justice system.
AB410-ASA1, s. 96 24Section 96. 970.032 (2) (c) of the statutes is amended to read:
AB410-ASA1,43,4
1970.032 (2) (c) That retaining jurisdiction is not necessary to deter the child
2juvenile or other children juveniles from committing the violation of which the child
3juvenile is accused under the circumstances specified in s. 938.183 (1) (a), (am), (ar),
4(b) or (c), whichever is applicable.
AB410-ASA1, s. 97 5Section 97. 970.035 of the statutes is amended to read:
AB410-ASA1,43,17 6970.035 (title) Preliminary examination; child juvenile younger than
716 15 years old. Notwithstanding s. 970.03, if a preliminary examination under s.
8970.03 is held regarding a child juvenile who was waived under s. 938.18 for a
9violation which is alleged to have occurred prior to his or her 15th birthday, the court
10may bind the child juvenile over for trial only if there is probable cause to believe that
11a crime under s. 940.03, 940.06, 940.225 (1) or (2), 940.305, 940.31 or 943.10 (2),
12943.32 (2) or 961.41 (1) has been committed or that a crime that would constitute a
13felony under chs. 939 to 948 or 961 if committed by an adult has been committed at
14the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9). If the
15court does not make any of those findings, the court shall order that the child juvenile
16be discharged but proceedings may be brought regarding the child juvenile under ch.
17938.
AB410-ASA1, s. 98 18Section 98. 971.31 (13) (a) (intro.) of the statutes is amended to read:
AB410-ASA1,43,2419 971.31 (13) (a) (intro.) A child juvenile over whom the court has jurisdiction
20under s. 938.183 (1) (b) or (c) on a misdemeanor action may make a motion before trial
21to transfer jurisdiction to the court assigned to exercise jurisdiction under chs. 48 and
22938. The motion may allege that the child juvenile did not commit the violation
23under the circumstances described in s. 938.183 (1) (b) or (c), whichever is applicable,
24or that transfer of jurisdiction would be appropriate because of all of the following:
AB410-ASA1, s. 99 25Section 99. 971.31 (13) (a) 1. of the statutes is amended to read:
AB410-ASA1,44,2
1971.31 (13) (a) 1. If convicted, the child juvenile could not receive adequate
2treatment in the criminal justice system.
AB410-ASA1, s. 100 3Section 100. 971.31 (13) (a) 3. of the statutes is amended to read:
AB410-ASA1,44,74 971.31 (13) (a) 3. Retaining jurisdiction is not necessary to deter the child
5juvenile or other children juveniles from committing the violation of which the child
6juvenile is accused under the circumstances specified in s. 938.183 (1) (b) or (c),
7whichever is applicable.
AB410-ASA1, s. 101 8Section 101. 971.31 (13) (b) of the statutes is amended to read:
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