Amendment AA1-ASA1-AB410

LRBa1051/1

GMM:kmg:km

1997 - 1998 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1997 ASSEMBLY BILL 410

November 6, 1997 - Offered by Committee on Children and Families.

AB410-ASA1-AA1,1,1 At the locations indicated, amend the substitute amendment as follows:

AB410-ASA1-AA1,1,2 1. Page 8, line 1: delete "of" and substitute "or".

AB410-ASA1-AA1,1,3 2. Page 10, line 21: delete lines 21 to 25.

AB410-ASA1-AA1,1,4 3. Page 11, line 1: delete lines 1 to 5.

AB410-ASA1-AA1,1,5 4. Page 13, line 20: delete "child" and substitute "child".

AB410-ASA1-AA1,1,6 5. Page 14, line 8: after "child" insert "or a parent with custody of a child".

AB410-ASA1-AA1,1,7 6. Page 23, line 22: delete lines 22 to 25.

AB410-ASA1-AA1,1,8 7. Page 24, line 1: delete lines 1 to 6.

AB410-ASA1-AA1,1,9 8. Page 29, line 4: delete lines 4 to 25.

AB410-ASA1-AA1,1,10 9. Page 30, line 1: delete lines 1 to 11 and substitute:

AB410-ASA1-AA1,2,2 " Section 66g. 938.355 (6m) (a) of the statutes is renumbered 938.355 (6m) (a) (intro. and amended to read:

AB410-ASA1-AA1,2,15 938.355 (6m) (a) (intro.) If the court finds by a preponderance of the evidence that a juvenile who has been found in need of protection or services based on habitual truancy from school has violated a condition specified under sub. (2) (b) 7., the court may order as a sanction any combination of the operating privilege suspension specified in this paragraph sanctions specified in subds. 1. to 3. and the dispositions specified in s. 938.342 (1) (b) (d) to (f) and (1m), regardless of whether the disposition was imposed in the order violated by the juvenile, if at the dispositional hearing under s. 938.335 the court explained those conditions to the juvenile and informed the juvenile of the possible sanctions under this paragraph for a violation or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions. The court may order as a sanction suspension under this paragraph any of the following:

AB410-ASA1-AA1,3,3 1. Suspension or limitation on the use of the juvenile's operating privilege, as defined under s. 340.01 (40), or of any approval issued under ch. 29 for not more than one year. If the juvenile does not hold a valid operator's license under ch. 343, other than an instruction permit under s. 343.07 or a restricted license under s. 343.08, on the date of the order issued under this paragraph subdivision, the court may order the suspension or limitation to begin on the date that the operator's license would otherwise be reinstated or issued after the juvenile applies and qualifies for issuance or 2 years after the date of the order issued under this paragraph subdivision, whichever occurs first. If the court suspends an a juvenile's operating privilege or an approval issued under this paragraph ch. 29, the court shall immediately take possession of the suspended license or approval and forward it to the department of transportation that issued the license or approval with a notice stating the reason for and the duration of the suspension.

AB410-ASA1-AA1, s. 66h Section 66h. 938.355 (6m) (a) 2. of the statutes is created to read:

AB410-ASA1-AA1,3,6 938.355 (6m) (a) 2. Counseling or participation for not more than 25 hours in a supervised work program or other community service work under s. 938.34 (5g).

AB410-ASA1-AA1, s. 66j Section 66j. 938.355 (6m) (a) 3. of the statutes is created to read:

AB410-ASA1-AA1,3,13 938.355 (6m) (a) 3. Detention in the juvenile's home or current residence for a period of not more than 30 days except during hours in which the juvenile is attending religious worship or a school program, including travel time required to get to and from the place of worship or school program. The order may permit a juvenile to leave his or her home or current residence if he or she is accompanied by a parent or guardian.".

AB410-ASA1-AA1,3,14 10. Page 46, line 24: delete "sections 118.163 (2) (b) and (c),".

AB410-ASA1-AA1,3,16 11. Page 46, line 25: delete that line and substitute "section 938.355 (6) (d) 2. and (e) and (6g) (c) of".

AB410-ASA1-AA1,3,19 12. Page 47, line 1 delete "first applies" and substitute ", the renumbering and amendment of section 938.355 (6m) (a) of the statutes and the creation of section 938.355 (6m) (a) 2. and 3. of the statutes first apply".

AB410-ASA1-AA1,3,20 (End)