Amendment ASA1-AB410

AB410-ASA1, s. 74 Section 74. 938.396 (1m) (d) of the statutes is created to read:

AB410-ASA1,33,23 938.396 (1m) (d) On petition of a fire investigator under s. 165.55 (15) to review pupil records, as defined in s. 118.125 (1) (d), other than pupils records that may be disclosed without a court order under s. 118.125 (2) or (2m), for the purpose of an investigation under s. 165.55, the court may order the school board of the school district in which a juvenile is enrolled to disclose to the fire investigator the pupil records of that juvenile as necessary for the fire investigator to pursue his or her investigation. The fire investigator may use the pupil records only for the purpose of pursuing his or her investigation and may make the pupil records available only to employes of the fire investigator who are working on the investigation.

AB410-ASA1, s. 75 Section 75. 938.396 (1x) of the statutes is created to read:

AB410-ASA1,34,6 938.396 (1x) If requested by a fire investigator under s. 165.55 (15), a law enforcement agency may, subject to official agency policy, disclose to the fire investigator any information in its records relating to a juvenile as necessary for the fire investigator to pursue his or her investigation under s. 165.55. The fire investigator may use and further disclose the information only for the purpose of pursuing that investigation.

AB410-ASA1, s. 76 Section 76. 938.396 (2) (d) of the statutes is amended to read:

AB410-ASA1,34,17 938.396 (2) (d) Upon request of a court of criminal jurisdiction or a district attorney to review court records for the purpose of setting bail under ch. 969, impeaching a witness under s. 906.09 or investigating and determining whether a person has possessed a firearm in violation of s. 941.29 (2) or upon request of a court of civil jurisdiction or the attorney for a party to a proceeding in that court to review court records for the purpose of impeaching a witness under s. 906.09, the court assigned to exercise jurisdiction under this chapter and ch. 48 shall open for inspection by authorized representatives of the requester the records of the court relating to any juvenile who has been adjudicated delinquent for an act that would be a felony if committed by an adult the subject of a proceeding under this chapter.

AB410-ASA1, s. 77 Section 77. 938.396 (2) (dr) of the statutes is created to read:

AB410-ASA1,34,23 938.396 (2) (dr) Upon request of the department of corrections or any other person preparing a presentence investigation under s. 972.15 to review court records for the purpose of preparing the presentence investigation, the court shall open for inspection by any authorized representative of the requester the records of the court relating to any juvenile who has been the subject of a proceeding under this chapter.

AB410-ASA1, s. 78 Section 78. 938.396 (2) (g) of the statutes is created to read:

AB410-ASA1,35,6 938.396 (2) (g) Upon request of any other court assigned to exercise jurisdiction under this chapter and ch. 48, a district attorney or corporation counsel to review court records for the purpose of any proceeding in that other court, the court shall open for inspection by any authorized representative of the requester the records of the court relating to any juvenile who has been the subject of a proceeding under this chapter.

AB410-ASA1, s. 79 Section 79. 938.396 (2) (h) of the statutes is created to read:

AB410-ASA1,35,14 938.396 (2) (h) Upon request of the court having jurisdiction over an action affecting the family or of an attorney for a party or a guardian ad litem in an action affecting the family to review court records for the purpose of considering the custody of a juvenile, the court assigned to exercise jurisdiction under this chapter and ch. 48 shall open for inspection by an authorized representative of the requester the records of the court relating to any juvenile who has been the subject of a proceeding under this chapter.

AB410-ASA1, s. 80 Section 80. 938.396 (2) (i) of the statutes is created to read:

AB410-ASA1,35,25 938.396 (2) (i) Upon request of the court assigned to exercise probate jurisdiction, the attorney general, the personal representative or special administrator of, or an attorney performing services for, the estate of a decedent in any proceeding under chs. 851 to 879, a person interested, a defined in s. 851.21, or an attorney, attorney-in-fact, guardian ad litem or guardian of the estate of a person interested to review court records for the purpose of s. 852.01 (2m) (bg), the court assigned to exercise jurisdiction under this chapter and ch. 48 shall open for inspection by any authorized representative of the requester the records of the court relating to any juvenile who has been adjudged delinquent on the basis of unlawfully and intentionally killing a person.

AB410-ASA1, s. 81 Section 81. 938.396 (2) (j) of the statutes is created to read:

AB410-ASA1,36,8 938.396 (2) (j) Upon request of a fire investigator under s. 165.55 (15) to review court records for the purpose of pursuing an investigation under s. 165.55, the court shall open for inspection by authorized representatives of the requester the records of the court relating to any juvenile who has been adjudicated delinquent or found to be in need of protection or services under s. 938.13 (12) or (14) for a violation of s. 940.08, 940.24, 941.10, 941.11, 943.01, 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06 or for an attempt to commit any of those violations.

AB410-ASA1, s. 82 Section 82. 938.396 (6) of the statutes is amended to read:

AB410-ASA1,36,13 938.396 (6) Notwithstanding sub. (5), The victim-witness coordinator may disclose to a victim of a juvenile's act or alleged act may, with the approval of the court, obtain the names the name and address of the juvenile and the juvenile's parents.

AB410-ASA1, s. 83 Section 83. 938.396 (7) (a) of the statutes is amended to read:

AB410-ASA1,37,8 938.396 (7) (a) Notwithstanding sub. (2) (a), if a petition under s. 938.12 or 938.13 (12) is filed alleging that a juvenile has committed a delinquent act that would be a felony if committed by an adult, the court clerk shall notify the school board of the school district, or the governing body of the private school, in which the juvenile is enrolled or the school board's designee of the school board or governing body of the fact that the petition has been filed and the nature of the delinquent act alleged in the petition. Notwithstanding sub. (2) (a) and subject to par. (b), if a juvenile is adjudged delinquent, within 5 days after the date on which the dispositional order is entered, the court clerk shall notify the school board of the school district, or the governing body of the private school, in which the juvenile is enrolled or the school board's designee of the school board or governing body of the fact that the juvenile has been adjudicated delinquent, the nature of the violation committed by the juvenile and the disposition imposed on the juvenile under s. 938.34 as a result of that violation. Notwithstanding sub. (2) (a), if school attendance is a condition of a dispositional order under s. 938.355 (2) (b) 7., within 5 days after the date on which the dispositional order is entered, the court clerk shall notify the school board of the school district, or the governing body of the private school, in which the juvenile is enrolled or the school board's designee of the school board or governing body of the fact that the juvenile's school attendance is a condition of a dispositional order.

AB410-ASA1, s. 84 Section 84. 938.396 (7) (b) of the statutes is amended to read:

AB410-ASA1,37,19 938.396 (7) (b) If a juvenile is found to have committed a delinquent act at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9), that would have been a felony under chs. 939 to 948 or 961 if committed by an adult and is adjudged delinquent on that basis, within 5 days after the date on which the dispositional order is entered the court clerk shall notify the school board of the school district, or the governing body of the private school, in which the juvenile is enrolled or the school board's designee of the school board or governing body of the fact that the juvenile has been adjudicated delinquent on that basis, the nature of the violation committed by the juvenile and the disposition imposed on the juvenile under s. 938.34 as a result of that violation.

AB410-ASA1, s. 85 Section 85. 938.396 (7) (bm) of the statutes is amended to read:

AB410-ASA1,38,8 938.396 (7) (bm) Notwithstanding sub. (2) (a), in addition to the disclosure made under par. (a) or (b), if a juvenile is adjudicated delinquent and as a result of the dispositional order is enrolled in a different school district or private school from the school district or private school in which the juvenile is enrolled at the time of the dispositional order, the court clerk, within 5 days after the date on which the dispositional order is entered, shall provide the school board of the juvenile's new school district, the governing body of the juvenile's new private school or the school board's designee of the school board or governing body with the information specified in par. (a) or (b), whichever is applicable, and, in addition, shall notify that school board, governing body or designee of whether the juvenile has been adjudicated delinquent previously by that court, the nature of any previous violations committed by the juvenile and the dispositions imposed on the juvenile under s. 938.34 as a result of those previous violations.

AB410-ASA1, s. 86 Section 86. 938.396 (7) (c) of the statutes is amended to read:

AB410-ASA1,39,7 938.396 (7) (c) No information from the juvenile's court records, other than information disclosed under par. (a), (b) or (bm), may be disclosed to the school board of the school district, or the governing body of the private school, in which the juvenile is enrolled or the school board's designee of the school board or governing body except by order of the court. Any information provided under this subsection to the school board of the school district, or the governing body of the private school, in which the juvenile is enrolled or the school board's designee of the school board or governing body shall be disclosed by the school board, governing body or designee to employes of the school district or private school who work directly with the juvenile or who have been determined by the school board, governing body or designee to have legitimate educational interests, including safety interests, in the information. A school district or private school employe to whom information is disclosed under this paragraph shall may not further disclose the information. A school board shall not use any information provided under this subsection as the sole basis for expelling or suspending a juvenile. A school board member of a school board or of the governing body of a private school or an employe of a school district or private school may not be held personally liable for any damages caused by the nondisclosure of any information specified in this paragraph unless the member or employe acted with actual malice in failing to disclose the information. A school district or private school may not be held liable for any damages caused by the nondisclosure of any information specified in this paragraph unless the school district , private school or its agent acted with gross negligence or with reckless, wanton or intentional misconduct in failing to disclose the information.

AB410-ASA1, s. 87 Section 87. 938.45 (1r) of the statutes is created to read:

AB410-ASA1,39,22 938.45 (1r) (a) In a proceeding in which a juvenile has been found to have committed a delinquent act or a civil law or ordinance violation that has resulted in damage to the property of another, or in actual physical injury to another excluding pain and suffering, the court may order a parent who has custody, as defined in s. 895.035 (1), of the juvenile to make reasonable restitution for the damage or injury. Except for recovery for retail theft under s. 943.51, the maximum amount of any restitution ordered under this paragraph for damage or injury resulting from any one act of a juvenile or from the same act committed by 2 or more juveniles in the custody of the same parent may not exceed the amount specified in s. 799.01 (1) (d). Any order under this paragraph shall include a finding that the parent who has custody of the juvenile is financially able to pay the amount ordered and may allow up to the date of expiration of the order for the payment. Any recovery under this paragraph shall be reduced by the amount recovered as restitution for the same act under s. 938.34 (5) or 938.343 (4).

AB410-ASA1,40,7 (b) In a proceeding in which the court has determined under s. 938.34 (8) or 938.343 (2) that the imposition of a forfeiture would be in the best interest of the juvenile and in aid of rehabilitation, the court may order a parent who has custody, as defined in s. 895.035 (1), of the juvenile to pay the forfeiture. The amount of any forfeiture ordered under this paragraph may not exceed the amount specified in s. 799.01 (1) (d). Any order under this paragraph shall include a finding that the parent who has custody of the juvenile is financially able to pay the amount ordered and shall allow up to 12 months after the date of the order for the payment. Any recovery under this paragraph shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.34 (8) or 938.343 (2).

AB410-ASA1, s. 88 Section 88. 938.45 (2) of the statutes is amended to read:

AB410-ASA1,40,18 938.45 (2) No order under sub. (1) (a) or , (1m) (a) or (1r) (a) or (b) may be entered until the person who is the subject of the contemplated order is given an opportunity to be heard on the contemplated order. The court shall cause notice of the time, place and purpose of the hearing to be served on the person personally at least 10 days before the date of hearing. The procedure in these cases shall, as far as practicable, be the same as in other cases in the court. At the hearing the person may be represented by counsel and may produce and cross-examine witnesses. Any person who fails to comply with any order issued by a court under sub. (1) (a) or, (1m) (a) or (1r) (a) or (b) may be proceeded against for contempt of court. If the person's conduct involves a crime, the person may be proceeded against under the criminal law.

AB410-ASA1, s. 89 Section 89. 938.78 (2) (b) 1. of the statutes is amended to read:

AB410-ASA1,41,6 938.78 (2) (b) 1. Paragraph (a) does not apply to the confidential exchange of information between an agency, and another social welfare agency, a law enforcement agency, the victim-witness coordinator or , a fire investigator under s. 165.55 (15), a public school district or a private school regarding an individual in the care or legal custody of the agency. A social welfare agency that obtains information under this paragraph shall keep the information confidential as required under this section and s. 48.78. A law enforcement agency that obtains information under this paragraph shall keep the information confidential as required under ss. 48.396 (1) and 938.396 (1). A public school that obtains information under this paragraph shall keep the information confidential as required under s. 118.125 and a private school that obtains information under this paragraph shall keep the information confidential in the same manner as is required of a public school under s. 118.125.

AB410-ASA1, s. 90 Section 90. 938.78 (2) (b) 2. of the statutes is amended to read:

AB410-ASA1,41,17 938.78 (2) (b) 2. On petition of an agency to review pupil records, as defined in s. 118.125 (1) (d), other than pupil records that may be disclosed without court order under s. 118.125 (2) or (2m), for the purpose of providing treatment or care for an individual in the care or legal custody of the agency, the court may order the school board of the school district, or the governing body of the private school, in which an individual is enrolled to disclose to the agency the pupil records of the individual as necessary for the agency to provide that treatment or care. The agency may use the pupil records only for the purpose of providing treatment or care and may make the pupil records available only to employes of the agency who are providing treatment or care for the individual.

AB410-ASA1, s. 91 Section 91. 938.78 (2) (e) of the statutes is amended to read:

AB410-ASA1,41,25 938.78 (2) (e) Paragraph (a) does not prohibit the department from disclosing information about an individual adjudged delinquent under s. 938.31 938.183 or 938.34 for a sexually violent offense, as defined in s. 980.01 (6), to the department of justice, or a district attorney or a judge acting under ch. 980 or to an attorney who represents a person subject to a petition under ch. 980. The court in which the petition under s. 980.02 is filed may issue any protective orders that it determines are appropriate concerning information disclosed under this paragraph.

AB410-ASA1, s. 92 Section 92. 970.032 (title) of the statutes is amended to read:

AB410-ASA1,42,3 970.032 (title) Preliminary examination; child juvenile under original adult court jurisdiction.

AB410-ASA1, s. 93 Section 93. 970.032 (1) of the statutes is amended to read:

AB410-ASA1,42,12 970.032 (1) Notwithstanding s. 970.03, if a preliminary examination is held regarding a child juvenile who is subject to the original jurisdiction of the court of criminal jurisdiction under s. 938.183 (1) or (2), the court shall first determine whether there is probable cause to believe that the child juvenile has committed the violation of which he or she is accused under the circumstances specified in s. 938.183 (1) (a), (am), (ar), (b) or (c) or (2), whichever is applicable. If the court does not make that finding, the court shall order that the child juvenile be discharged but proceedings may be brought regarding the child juvenile under ch. 938.

AB410-ASA1, s. 94 Section 94. 970.032 (2) (intro.) of the statutes is amended to read:

AB410-ASA1,42,20 970.032 (2) (intro.) If the court finds probable cause as specified in sub. (1) to believe that the juvenile has committed the violation of which he or she is accused under the circumstances specified in s. 938.183 (1) (a), (am), (ar), (b) or (c), the court shall determine whether to retain jurisdiction or to transfer jurisdiction to the court assigned to exercise jurisdiction under chs. 48 and 938. The court shall retain jurisdiction unless the child juvenile proves by a preponderance of the evidence all of the following:

AB410-ASA1, s. 95 Section 95. 970.032 (2) (a) of the statutes is amended to read:

AB410-ASA1,42,23 970.032 (2) (a) That, if convicted, the child juvenile could not receive adequate treatment in the criminal justice system.

AB410-ASA1, s. 96 Section 96. 970.032 (2) (c) of the statutes is amended to read:

AB410-ASA1,43,4 970.032 (2) (c) That retaining jurisdiction is not necessary to deter the child juvenile or other children juveniles from committing the violation of which the child juvenile is accused under the circumstances specified in s. 938.183 (1) (a), (am), (ar), (b) or (c), whichever is applicable.

AB410-ASA1, s. 97 Section 97. 970.035 of the statutes is amended to read:

AB410-ASA1,43,17 970.035 (title) Preliminary examination; child juvenile younger than 16 15 years old. Notwithstanding s. 970.03, if a preliminary examination under s. 970.03 is held regarding a child juvenile who was waived under s. 938.18 for a violation which is alleged to have occurred prior to his or her 15th birthday, the court may bind the child juvenile over for trial only if there is probable cause to believe that a crime under s. 940.03, 940.06, 940.225 (1) or (2), 940.305, 940.31 or 943.10 (2), 943.32 (2) or 961.41 (1) has been committed or that a crime that would constitute a felony under chs. 939 to 948 or 961 if committed by an adult has been committed at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9). If the court does not make any of those findings, the court shall order that the child juvenile be discharged but proceedings may be brought regarding the child juvenile under ch. 938.

AB410-ASA1, s. 98 Section 98. 971.31 (13) (a) (intro.) of the statutes is amended to read:

AB410-ASA1,43,24 971.31 (13) (a) (intro.) A child juvenile over whom the court has jurisdiction under s. 938.183 (1) (b) or (c) on a misdemeanor action may make a motion before trial to transfer jurisdiction to the court assigned to exercise jurisdiction under chs. 48 and 938. The motion may allege that the child juvenile did not commit the violation under the circumstances described in s. 938.183 (1) (b) or (c), whichever is applicable, or that transfer of jurisdiction would be appropriate because of all of the following:

AB410-ASA1, s. 99 Section 99. 971.31 (13) (a) 1. of the statutes is amended to read:

AB410-ASA1,44,2 971.31 (13) (a) 1. If convicted, the child juvenile could not receive adequate treatment in the criminal justice system.

AB410-ASA1, s. 100 Section 100. 971.31 (13) (a) 3. of the statutes is amended to read:

AB410-ASA1,44,7 971.31 (13) (a) 3. Retaining jurisdiction is not necessary to deter the child juvenile or other children juveniles from committing the violation of which the child juvenile is accused under the circumstances specified in s. 938.183 (1) (b) or (c), whichever is applicable.

AB410-ASA1, s. 101 Section 101. 971.31 (13) (b) of the statutes is amended to read:

AB410-ASA1,44,13 971.31 (13) (b) The court shall retain jurisdiction unless the child juvenile proves by a preponderance of the evidence that he or she did not commit the violation under the circumstances described in s. 938.183 (1) (b) or (c), whichever is applicable, or that transfer would be appropriate because all of the factors specified in par. (a) 1., 2. and 3. are met.

AB410-ASA1, s. 102 Section 102. 972.14 (2) of the statutes is amended to read:

AB410-ASA1,44,23 972.14 (2) Before pronouncing sentence, the court shall ask the defendant why sentence should not be pronounced upon him or her and allow the district attorney, defense counsel and defendant an opportunity to make a statement with respect to any matter relevant to the sentence. In addition, if the defendant is under 21 years of age and if the court has not ordered a presentence investigation under s. 972.15, the court shall ask the defendant if he or she has been adjudged delinquent under ch. 48, 1993 stats., or ch. 938 or has had a similar adjudication in any other state in the 3 years immediately preceding the date the criminal complaint relating to the present offense was issued.

AB410-ASA1, s. 103 Section 103. 972.15 (2s) of the statutes is amended to read:

AB410-ASA1,45,6 972.15 (2s) If the defendant is under 21 years of age, the person preparing the presentence investigation report shall attempt to determine whether the defendant has been adjudged delinquent under ch. 48, 1993 stats., or ch.938 or has had a similar adjudication in any other state in the 3 years immediately preceding the date the criminal complaint relating to the present offense was issued and, if so, shall include that information in the report.

AB410-ASA1, s. 104 Section 104. 980.015 (2) (b) of the statutes is amended to read:

AB410-ASA1,45,11 980.015 (2) (b) The anticipated release from a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), of a person adjudicated delinquent under s. 938.183 or 938.34 on the basis of a sexually violent offense.

AB410-ASA1, s. 105 Section 105. 980.02 (2) (ag) of the statutes is amended to read:

AB410-ASA1,45,19 980.02 (2) (ag) The person is within 90 days of discharge or release, on parole or otherwise, from a sentence that was imposed for a conviction for a sexually violent offense, from a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), if the person was placed in the facility for being adjudicated delinquent under s. 938.183 or 938.34 on the basis of a sexually violent offense or from a commitment order that was entered as a result of a sexually violent offense.

AB410-ASA1, s. 106 Section 106. Nonstatutory provisions.

AB410-ASA1,46,11 (1) Audit of secure detention of juveniles. The legislative audit bureau is requested to perform a performance evaluation audit of the use by counties of placement of a juvenile, as defined in section 938.02 (10m) of the statutes, in a secure detention facility, as defined in section 938.02 (16) of the statutes, as a disposition under section 938.34 (3) (f) of the statutes, as a sanction under section 938.355 (6) (d) 1. of the statutes or as a place of short-term detention under section 938.355 (6d) or 938.534 (1) of the statutes. The audit shall examine the primary reasons why a juvenile is placed in a secure detention facility as a disposition, as a sanction or as a place of short-term detention and the length of time that a juvenile is held in a secure detention facility as a disposition, as a sanction or as a place of short-term detention; and shall evaluate whether the length of time that a juvenile is held in a secure detention facility is related to any reduction in repeat offenses or repeat violations of dispositional orders, distributed according to the length of time that a juvenile is held in a secure detention facility. If the legislative audit bureau performs the audit, it shall submit its report as described in section 13.94 (1) (b) of the statutes by December 31, 1998.

AB410-ASA1, s. 107 Section 107. Initial applicability.

AB410-ASA1,46,19 (1) Original adult court jurisdiction. The treatment of sections 48.66 (1), 301.08 (1) (b) 3., 938.183 (1) (ar) and (2) (intro.), (a) and (b), 938.78 (2) (e), 970.032 (title), (1) and (2) (intro.), (a) and (c), 970.035, 971.31 (13) (a) (intro.), 1. and 3. and (b), 980.015 (2) (b) and 980.02 (2) (ag) of the statutes, the renumbering of section 938.183 (1m) (c) of the statutes and the creation of section 938.183 (1m) (c) 1. and 2. of the statutes first apply to acts committed by a juvenile on the effective date of this subsection.

AB410-ASA1,46,23 (2) Restitution and forfeitures. The treatment of sections 895.035 (2m) (a) and (b), (3) and (6), 938.245 (2) (a) 5. a. and am., 938.32 (1t) (a) 1. and 1m., 938.34 (5) (a) and (8), 938.343 (2) and (4) and 938.45 (1r) and (2) of the statutes first applies to acts committed by a juvenile on the effective date of this subsection.

AB410-ASA1,47,2 (3) Sanctions and contempt. The treatment of sections 118.163 (2) (b) and (c), 938.342 (1) (b) and (c) and 938.355 (6) (d) 2. and (e), (6g) (c) and (6m) (a) and (b) of the statutes first applies to dispositional orders entered on the effective date of this subsection.

AB410-ASA1,47,5 (4) Rules of evidence. The treatment of sections 800.08 (4), 938.17 (2) (h) 3. and 938.299 (4) (b) of the statutes first applies to postdispositional hearings held on the effective date of this subsection.

AB410-ASA1,47,11 (5) Short-term detention. The treatment of sections 938.067 (8m), 938.069 (1) (dm) and 938.08 (2) of the statutes, the renumbering and amendment of section 938.355 (6d) of the statutes and the repeal and recreation of section 938.355 (6d) (title) of the statutes first apply to a juvenile who is taken into custody under section 938.355 (6d) of the statutes, as affected by this act, on the effective date of this subsection.

AB410-ASA1, s. 108 Section 108. Effective date.

AB410-ASA1,47,14 (1) This act takes effect on January 1, 1998, or on the day after publication, whichever is later.

AB410-ASA1,47,15 (End)