LRBa1153/1
GMM:jlg:jf
1997 - 1998 LEGISLATURE
ASSEMBLY AMENDMENT 2,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1997 ASSEMBLY BILL 410
November 18, 1997 - Offered by Representatives Ladwig and Krug.
AB410-ASA1-AA2,1,94
938.17
(2) (cm) A city, village or town may adopt an ordinance or bylaw
5specifying which of the dispositions under ss. 938.343 and 938.344 and sanctions
6under s. 938.355 (6) (d)
and (6m) the municipal court of that city, village or town is
7authorized to impose or petition the court assigned to exercise jurisdiction under this
8chapter and ch. 48 to impose. The use by the court of those dispositions and sanctions
9is subject to any ordinance or bylaw adopted under this paragraph.
AB410-ASA1-AA2,2,1211
938.17
(2) (h) 1. If a juvenile who has violated a municipal ordinance
, other
12than an ordinance enacted under s. 118.163 (2), violates a condition of his or her
1dispositional order, the municipal court may impose on the juvenile any of the
2sanctions specified in s. 938.355 (6) (d) 2. to 4. that are authorized under par. (cm)
3except for monitoring by an electronic monitoring system or may petition the court
4assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the
5juvenile the sanction specified in s. 938.355 (6) (d) 1. or home detention with
6monitoring by an electronic monitoring system as specified in s. 938.355 (6) (d) 3., if
7authorized under par. (cm), if at the time of judgment the court explained the
8conditions to the juvenile and informed the juvenile of the possible sanctions under
9s. 938.355 (6) (d) that are authorized under par. (cm) for a violation or if before the
10violation the juvenile has acknowledged in writing that he or she has read, or has had
11read to him or her, those conditions and possible sanctions and that he or she
12understands those conditions and possible sanctions.".
AB410-ASA1-AA2,2,2315
938.17
(2) (i) 1. If a juvenile who has violated a municipal ordinance enacted
16under s. 118.163 (2) violates a condition of his or her dispositional order, the
17municipal court may impose on the juvenile any of the sanctions specified in s.
18938.355 (6m) that are authorized under par. (cm), if at the time of judgment the court
19explained the conditions to the juvenile and informed the juvenile of the possible
20sanctions under s. 938.355 (6m) that are authorized under par. (cm) for a violation
21or if before the violation the juvenile has acknowledged in writing that he or she has
22read, or has had read to him or her, those conditions and possible sanctions and that
23he or she understands those conditions and possible sanctions.
AB410-ASA1-AA2,3,6
12. A motion requesting the municipal court to impose or petition for a sanction
2may be brought by the person or agency primarily responsible for the provision of
3dispositional services, the municipal attorney or the court that entered the
4dispositional order. If the court initiates the motion, that court is disqualified from
5holding a hearing on the motion. Notice of the motion shall be given to the juvenile
6and the juvenile's parent, guardian or legal custodian.
AB410-ASA1-AA2,3,87
3. Before imposing any sanction, the court shall hold a hearing, at which the
8juvenile may present evidence.".
AB410-ASA1-AA2,4,811
938.355
(6) (a) If a juvenile who has been adjudged delinquent or to have
12violated a civil law or ordinance
, other than an ordinance enacted under s. 118.163
13(2), violates a condition specified in sub. (2) (b) 7., the court may impose on the
14juvenile any of the sanctions specified in par. (d) if, at the dispositional hearing under
15s. 938.335, the court explained the conditions to the juvenile and informed the
16juvenile of those possible sanctions or if before the violation the juvenile has
17acknowledged in writing that he or she has read, or has had read to him or her, those
18conditions and possible sanctions and that he or she understands those conditions
19and possible sanctions.
Subject to sub. (6m), if
If a juvenile who has been found to
20be in need of protection or services under s. 938.13
(4), (6m), (7), (12) or (14) violates
21a condition specified in sub. (2) (b) 7., the court may impose on the juvenile any of the
22sanctions specified in par. (d), other than placement in a secure detention facility or
23juvenile portion of a county jail, if, at the dispositional hearing under s. 938.335, the
24court explained the conditions to the juvenile and informed the juvenile of those
1possible sanctions or if before the violation the juvenile has acknowledged in writing
2that he or she has read, or has had read to him or her, those conditions and possible
3sanctions and that he or she understands those conditions and possible sanctions.
4The court may not order the sanction of placement in a place of nonsecure custody
5specified in par. (d) 1. unless the court finds that the agency primarily responsible
6for providing services for the juvenile has made reasonable efforts to prevent the
7removal of the juvenile from his or her home and that continued placement of the
8juvenile in his or her home is contrary to the welfare of the juvenile.
AB410-ASA1-AA2,4,2110
938.355
(6) (an) 1. If a juvenile who has violated a municipal ordinance
, other
11than an ordinance enacted under s. 118.163 (2), violates a condition of a dispositional
12order imposed by the municipal court, the municipal court may petition the court
13assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the
14juvenile the sanction specified in par. (d) 1. or the sanction specified in par. (d) 3., with
15monitoring by an electronic monitoring system, if, at the time of the judgment the
16municipal court explained the conditions to the juvenile and informed the juvenile
17of those possible sanctions for a violation or if before the violation the juvenile has
18acknowledged in writing that he or she has read, or has had read to him or her, those
19conditions and possible sanctions and that he or she understands those conditions
20and possible sanctions. The petition shall contain a statement of whether the
21juvenile may be subject to the federal Indian child welfare act,
25 USC 1911 to
1963.".
AB410-ASA1-AA2,5,24
1938.355
(6m) (a) If the court finds by a preponderance of the evidence that a
2juvenile who has been found
to have violated a municipal ordinance enacted under
3s. 118.163 (2) or who has been found to be in need of protection or services
based on
4habitual truancy from school under s. 938.13 (6) has violated a condition specified
5under sub. (2) (b) 7., the court may order as a sanction any combination of the
6operating privilege suspension specified in this paragraph and the dispositions
7specified in s. 938.342 (1) (b) to (f) and (1m), regardless of whether the disposition was
8imposed in the order violated by the juvenile, if at the dispositional hearing under
9s. 938.335 the court explained those conditions to the juvenile and informed the
10juvenile of the possible sanctions under this paragraph for a violation or if before the
11violation the juvenile has acknowledged in writing that he or she has read, or has had
12read to him or her, those conditions and possible sanctions and that he or she
13understands those conditions and possible sanctions. The court may order as a
14sanction suspension
or limitation on the use of the juvenile's operating privilege, as
15defined under s. 340.01 (40), for not more than one year. If the juvenile does not hold
16a valid operator's license under ch. 343, other than an instruction permit under s.
17343.07 or a restricted license under s. 343.08, on the date of the order issued under
18this paragraph, the court may order the suspension
or limitation to begin on the date
19that the operator's license would otherwise be reinstated or issued after the juvenile
20applies and qualifies for issuance or 2 years after the date of the order issued under
21this paragraph, whichever occurs first. If the court suspends an operating privilege
22under this paragraph, the court shall immediately take possession of the suspended
23license and forward it to the department of transportation with a notice stating the
24reason for and the duration of the suspension.".
