AB410-ASA1, s. 3 21Section 3. 48.35 (1) (b) 2. of the statutes is amended to read:
AB410-ASA1,3,2322 48.35 (1) (b) 2. In a proceeding in any court assigned to exercise jurisdiction
23under this chapter and ch. 938; or.
AB410-ASA1, s. 4
1Section 4. 48.35 (1) (b) 3. of the statutes is amended to read:
AB410-ASA1,4,42 48.35 (1) (b) 3. In a court of civil or criminal jurisdiction while it is exercising
3the jurisdiction of a over an action affecting the family court and is considering the
4custody of children a child.
AB410-ASA1, s. 5 5Section 5. 48.355 (2) (c) of the statutes, as affected by 1997 Wisconsin Act 27,
6is amended to read:
AB410-ASA1,4,127 48.355 (2) (c) If school attendance is a condition of an order under par. (b) 7.,
8the order shall specify what constitutes a violation of the condition and shall direct
9the school board of the school district, or the governing body of the private school, in
10which the child is enrolled to notify the county department that is responsible for
11supervising the child or, in a county having a population of 500,000 or more, the
12department within 5 days after any violation of the condition by the child.
AB410-ASA1, s. 6 13Section 6. 48.396 (1) of the statutes is amended to read:
AB410-ASA1,5,614 48.396 (1) Law enforcement officers' records of children shall be kept separate
15from records of adults. Law enforcement officers' records of children shall not be
16open to inspection or their contents disclosed except under sub. (1b) or (1d) or s.
1748.293 or by order of the court. This subsection does not apply to the representatives
18of newspapers or other reporters of news who wish to obtain information for the
19purpose of reporting news without revealing the identity of the child involved, to the
20confidential exchange of information between the police and officials of the school
21attended by the child or other law enforcement or social welfare agencies or to
22children 10 years of age or older who are subject to the jurisdiction of the court of
23criminal jurisdiction. A public school official who obtains information under this
24subsection shall keep the information confidential as required under s. 118.125 and
25a private school official who obtains information under this subsection shall keep the

1information confidential in the same manner as is required of a public school official
2under s. 118.125. A law enforcement agency that obtains information under this
3subsection shall keep the information confidential as required under this subsection
4and s. 938.396 (1). A social welfare agency that obtains information under this
5subsection shall keep the information confidential as required under ss. 48.78 and
6938.78.
AB410-ASA1, s. 7 7Section 7. 48.396 (2) (dr) of the statutes is created to read:
AB410-ASA1,5,128 48.396 (2) (dr) Upon request of the department of corrections or any other
9person preparing a presentence investigation under s. 972.15 to review court records
10for the purpose of preparing the presentence investigation, the court shall open for
11inspection by any authorized representative of the requester the records of the court
12relating to any child who has been the subject of a proceeding under this chapter.
AB410-ASA1, s. 8 13Section 8. 48.396 (2) (g) of the statutes is created to read:
AB410-ASA1,5,1914 48.396 (2) (g) Upon request of any other court assigned to exercise jurisdiction
15under this chapter and ch. 938, a district attorney or corporation counsel to review
16court records for the purpose of any proceeding in that other court, the court shall
17open for inspection by any authorized representative of the requester the records of
18the court relating to any child who has been the subject of a proceeding under this
19chapter.
AB410-ASA1, s. 9 20Section 9. 48.396 (2) (h) of the statutes is created to read:
AB410-ASA1,6,221 48.396 (2) (h) Upon request of the court having jurisdiction over an action
22affecting the family or of an attorney for a party or a guardian ad litem in an action
23affecting the family to review court records for the purpose of considering the custody
24of a child, the court assigned to exercise jurisdiction under this chapter and ch. 938
25shall open for inspection by an authorized representative of the requester the records

1of the court relating to any child who has been the subject of a proceeding under this
2chapter.
AB410-ASA1, s. 10 3Section 10. 48.66 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is
4amended to read:
AB410-ASA1,6,215 48.66 (1) The department shall license and supervise child welfare agencies,
6as required by s. 48.60, group homes, as required by s. 48.625, shelter care facilities,
7as required by s. 938.22, and day care centers, as required by s. 48.65. The
8department may license foster homes or treatment foster homes, as provided by s.
948.62, and may license and supervise county departments in accordance with the
10procedures specified in this section and in ss. 48.67 to 48.74. The department of
11corrections may license a child welfare agency to operate a secured child caring
12institution, as defined in s. 938.02 (15g), for holding in secure custody children
13juveniles who have been convicted under s. 938.183 or adjudicated delinquent under
14s. 938.183 or 938.34 (4d), (4h) or (4m) and referred to the child welfare agency by the
15court or the department of corrections and to provide supervision, care and
16maintenance for those children juveniles. A license issued under this subsection,
17other than a license to operate a foster home, treatment foster home or secured child
18caring institution, is valid until revoked or suspended. A license issued under this
19subsection to operate a foster home, treatment foster home or secured child caring
20institution may be for any term not to exceed 2 years from the date of issuance. No
21license issued under this subsection is transferable.
AB410-ASA1, s. 11 22Section 11. 48.78 (2) (b) of the statutes is amended to read:
AB410-ASA1,7,923 48.78 (2) (b) Paragraph (a) does not apply to the confidential exchange of
24information between an agency and another social welfare or agency, a law
25enforcement agency, a public school or a private school regarding an individual in the

1care or legal custody of one of the agencies the agency. A social welfare agency that
2obtains information under this paragraph shall keep the information confidential as
3required under this section and s. 938.78. A law enforcement agency that obtains
4information under this paragraph shall keep the information confidential as
5required under ss. 48.396 (1) and 938.396 (1). A public school that obtains
6information under this paragraph shall keep the information confidential as
7required under s. 118.125 and a private school that obtains information under this
8paragraph shall keep the information confidential in the same manner as is required
9of a public school under s. 118.125
.
AB410-ASA1, s. 12 10Section 12. 118.125 (1) (a) of the statutes is amended to read:
AB410-ASA1,7,1711 118.125 (1) (a) "Behavioral records" means those pupil records which include
12psychological tests, personality evaluations, records of conversations, any written
13statement relating specifically to an individual pupil's behavior, tests relating
14specifically to achievement or measurement of ability, the pupil's physical health
15records other than his or her immunization records or any lead screening records
16required under s. 254.162, law enforcement officers' records obtained under s. 48.396
17(1) or 938.396 (1) or (1m) and any other pupil records that are not progress records.
AB410-ASA1, s. 13 18Section 13. 118.125 (2) (cg) of the statutes is amended to read:
AB410-ASA1,7,2419 118.125 (2) (cg) The school district clerk or his or her designee shall provide a
20law enforcement agency with a copy of a pupil's attendance record if the law
21enforcement agency certifies in writing that the pupil is under investigation for
22allegedly committing a criminal or delinquent act and that the law enforcement
23agency will not further disclose the pupil's attendance record except as permitted
24under s. 938.396 (1) to (1r) (1x).
AB410-ASA1, s. 14 25Section 14. 118.125 (2) (ch) of the statutes is created to read:
AB410-ASA1,8,7
1118.125 (2) (ch) The school district clerk of his or her designee shall provide a
2fire investigator under s. 165.55 (15) with a copy of a pupil's attendance record if the
3fire investigator certifies in writing that the pupil is under investigation under s.
4165.55, that the pupil's attendance record is necessary for the fire investigator to
5pursue his or her investigation and that the fire investigator will use and further
6disclose the pupil's attendance record only for the purpose of pursuing that
7investigation.
AB410-ASA1, s. 15 8Section 15. 118.125 (2) (e) of the statutes is amended to read:
AB410-ASA1,8,159 118.125 (2) (e) Upon the written permission of an adult pupil, or the parent or
10guardian of a minor pupil, the school shall make available to the person named in
11the permission the pupil's progress records or such portions of the pupil's behavioral
12records as determined by the person authorizing the release. Law enforcement
13officers' records obtained under s. 48.396 (1) or 938.396 (1) or (1m) may not be made
14available under this paragraph unless specifically identified by the adult pupil or by
15the parent or guardian of a minor pupil in the written permission.
AB410-ASA1, s. 16 16Section 16. 118.125 (2) (L) of the statutes is amended to read:
AB410-ASA1,8,2017 118.125 (2) (L) A school board shall disclose the pupil records of a pupil in
18compliance with a court order under s. 48.345 (12) (b), 938.34 (7d) (b), 938.396 (1m)
19(c) or (d) or 938.78 (2) (b) 2. after making a reasonable effort to notify the pupil's
20parent or legal guardian.
AB410-ASA1, s. 17 21Section 17. 118.125 (3) of the statutes is amended to read:
AB410-ASA1,9,922 118.125 (3) Maintenance of records. Each school board shall adopt rules in
23writing specifying the content of pupil records and the time during which pupil
24records shall be maintained. No behavioral records may be maintained for more than
25one year after the pupil ceases to be enrolled in the school, unless the pupil specifies

1in writing that his or her behavioral records may be maintained for a longer period.
2A pupil's progress records shall be maintained for at least 5 years after the pupil
3ceases to be enrolled in the school. A school board may maintain the records on
4microfilm, optical disk or in electronic format if authorized under s. 19.21 (4) (c), or
5in such other form as the school board deems appropriate. A school board shall
6maintain law enforcement officers' records and other information obtained under s.
748.396 (1) or 938.396 (1) or (1m) separately from a pupil's other pupil records. Rules
8adopted under this subsection shall be published by the school board as a class 1
9notice under ch. 985.
AB410-ASA1, s. 18 10Section 18. 118.125 (5) (a) of the statutes is amended to read:
AB410-ASA1,9,1411 118.125 (5) (a) Except as provided in par. (b), nothing in this section prohibits
12the use of a school district from using a pupil's records in connection with the
13suspension or expulsion of the pupil or the use of such records by a multidisciplinary
14team under ch. 115.
AB410-ASA1, s. 19 15Section 19. 118.125 (5) (b) of the statutes is amended to read:
AB410-ASA1,9,2116 118.125 (5) (b) Law enforcement officers' records and other information
17obtained under s. 48.396 (1) or 938.396 (1) or (1m) and records of the court assigned
18to exercise jurisdiction under chs. 48 and 938 obtained under s. 938.396 (7) shall may
19not be used by a school district as the sole basis for expelling or suspending a pupil
20or as the sole basis for taking any other disciplinary action, including action under
21the school district's athletic code
.
AB410-ASA1, s. 20 22Section 20. 118.127 (1) of the statutes is amended to read:
AB410-ASA1,9,2523 118.127 (1) Upon receipt of information from a law enforcement agency under
24s. 48.396 (1) or 938.396 (1) or (1m), the school district administrator or private school
25administrator who receives the information
shall notify any pupil named in the

1information, and the parent or guardian of any minor pupil named in the
2information, of the information.
AB410-ASA1, s. 21 3Section 21. 118.127 (2) of the statutes, as affected by 1997 Wisconsin Act 27,
4is amended to read:
AB410-ASA1,10,205 118.127 (2) A school district shall or private school may disclose information
6from law enforcement officers' records obtained under s. 938.396 (1m) only to persons
7employed by the school district who are required by the department under s. 115.28
8(7) to hold a license, to persons employed by the private school as teachers and to
9other school district or private school officials who have been determined by the
10school board or governing body of the private school to have legitimate educational
11interests, including safety interests, in that information. In addition, if that
12information relates to a pupil of the school district or private school, the school
13district shall or private school may also disclose that information to those employes
14of the school district or private school who have been designated by the school board
15or governing body of the private school to receive that information for the purpose
16of providing treatment programs for pupils enrolled in the school district or private
17school
. A school district may not use law enforcement officers' records obtained
18under s. 938.396 (1m) as the sole basis for expelling or suspending a pupil or as the
19sole basis for taking any other disciplinary action, including action under the school
20district's athletic code, against a pupil.
AB410-ASA1, s. 22 21Section 22. 118.163 (2) (b) of the statutes is amended to read:
AB410-ASA1,10,2422 118.163 (2) (b) An order for the person to participate in counseling or to
23participate for not more than 25 hours in
a supervised work program or other
24community service work under s. 938.34 (5g).
AB410-ASA1, s. 23 25Section 23. 118.163 (2) (c) of the statutes is amended to read:
AB410-ASA1,11,5
1118.163 (2) (c) An order for the person to remain at home for not more than 30
2days
except during hours in which the person is attending religious worship or a
3school program, including travel time required to get to and from the school program
4or place of worship. The order may permit a person to leave his or her home if the
5person is accompanied by a parent or guardian.
AB410-ASA1, s. 24 6Section 24. 125.07 (4) (d) of the statutes is amended to read:
AB410-ASA1,11,107 125.07 (4) (d) A person who is under 18 17 years of age on the date of disposition
8is subject to s. 938.344 unless proceedings have been instituted against the person
9in a court of civil or criminal jurisdiction after dismissal of the citation under s.
10938.344 (3).
AB410-ASA1, s. 25 11Section 25. 125.07 (4) (e) 1. of the statutes is amended to read:
AB410-ASA1,11,1312 125.07 (4) (e) 1. In this paragraph, "defendant" means a person found guilty
13of violating par. (a) or (b) who is 17, 18, 19 or 20 years of age.
AB410-ASA1, s. 26 14Section 26. 125.085 (3) (bt) of the statutes is amended to read:
AB410-ASA1,11,1815 125.085 (3) (bt) A person who is under 18 17 years of age on the date of
16disposition is subject to s. 938.344 unless proceedings have been instituted against
17the person in a court of civil or criminal jurisdiction after dismissal of the citation
18under s. 938.344 (3).
AB410-ASA1, s. 27 19Section 27. 165.55 (14) of the statutes is amended to read:
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:
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