1997 - 1998 LEGISLATURE
ASSEMBLY AMENDMENT 2,
TO 1997 ASSEMBLY BILL 455
November 6, 1997 - Offered by Representative Krug.
AB455-AA2,1,11 At the locations indicated, amend the bill as follows:
AB455-AA2,1,3 21. Page 1, line 11: after "juvenile" insert "or by a parent who has custody of a
3juvenile".
AB455-AA2,1,4 42. Page 4, line 3: after that line insert:
AB455-AA2,1,5 5" Section 3m. 895.035 (2m) (a) of the statutes is amended to read:
AB455-AA2,2,126 895.035 (2m) (a) If a child or a parent with custody of a child fails to pay
7restitution under s. 938.245, 938.32, 938.34 (5), 938.343 (4) or, 938.345 or 938.45 (1r)
8(a)
as ordered by a court assigned to exercise jurisdiction under chs. 48 and 938 or
9a municipal court or as agreed to in a deferred prosecution agreement or if it appears
10likely that the child or parent will not pay restitution as ordered or agreed to, the
11victim, the victim's insurer, the representative of the public interest under s. 938.09
12or the agency, as defined in s. 938.38 (1) (a), supervising the child may petition the
13court assigned to exercise jurisdiction under chs. 48 and 938 to order that the amount

1of restitution unpaid by the child or parent be entered and docketed as a judgment
2against the child and the parent with custody of the child and in favor of the victim
3or the victim's insurer, or both. A petition under this paragraph may be filed after
4the expiration of the deferred prosecution agreement, consent decree, dispositional
5order or sentence under which the restitution is payable, but no later than one year
6after the expiration of the deferred prosecution agreement, consent decree,
7dispositional order or sentence or any extension of the consent decree, dispositional
8order or sentence. A judgment rendered under this paragraph does not bar the
9victim or the victim's insurer, or both, from commencing another action seeking
10compensation from the child or the parent, or both, if the amount of restitution
11ordered under this paragraph is less than the total amount of damages claimed by
12the victim or the victim's insurer.
AB455-AA2, s. 3p 13Section 3p. 895.035 (6) of the statutes is amended to read:
AB455-AA2,2,1614 895.035 (6) Any recovery of restitution under this section shall be reduced by
15the amount recovered as restitution for the same act under s. 938.245, 938.32, 938.34
16(5) or, 938.343 (4) or 938.45 (1r) (a).".
AB455-AA2,2,19 173. Page 6, line 2: after "payment." insert "Any recovery under this paragraph
18shall be reduced by the amount recovered as restitution for the same act under par.
19(am).
".
AB455-AA2,3,2 204. Page 6, line 5: after "restitution." insert "Except for recovery for retail theft
21under s. 943.51, a deferred prosecution agreement may not require a parent who has
22custody, as defined in s. 895.035 (1), of a juvenile to make more than the amount
23specified in s. 799.01 (1) (d) in restitution for any damage, injury or death resulting

1from any one act of the juvenile or from the same act committed by 2 or more juveniles
2in the custody of that parent.
".
AB455-AA2,3,3 35. Page 7, line 13: after that line insert:
AB455-AA2,3,4 4" Section 12m. 938.245 (2t) (am) of the statutes is created to read:
AB455-AA2,3,175 938.245 (2t) (am) If the act for which the deferred prosecution agreement is
6being entered into has resulted in damage to or loss or destruction of the property
7of another, in bodily injury to another excluding pain and suffering or in death and
8if the intake worker, after taking into consideration the well-being and needs of the
9victim, considers it beneficial to the well-being and behavior of the juvenile, the
10deferred prosecution agreement may, subject to par. (c), require the parent who has
11custody, as defined in s. 895.035 (1), of the juvenile to make reasonable restitution
12for the damage, injury or death as provided in pars. (d) to (h). Any order under this
13paragraph shall include a determination that the parent who has custody of the
14juvenile is financially able to pay the amount ordered and may allow up to the date
15of the expiration of the deferred prosecution agreement for the payment. Any
16recovery under this paragraph shall be reduced by the amount recovered as
17restitution for the same act under par. (a).".
AB455-AA2,3,19 186. Page 7, line 17: after "juvenile" insert "or the parent who has custody, as
19defined in s. 895.035 (1), of the juvenile".
AB455-AA2,3,21 207. Page 8, line 3: after "juvenile" insert "or the parent who has custody, as
21defined in s. 895.035 (1), of the juvenile".
AB455-AA2,3,23 228. Page 8, line 17: after "juvenile" insert "or the parent who has custody, as
23defined in s. 895.035 (1), of the juvenile".
AB455-AA2,4,2
19. Page 8, line 22: after "juvenile" insert "or the parent who has custody, as
2defined in s. 895.035 (1), of the juvenile".
AB455-AA2,4,4 310. Page 9, line 5: after "juvenile" insert "or the parent who has custody, as
4defined in s. 895.035 (1), of the juvenile".
AB455-AA2,4,5 511. Page 9, line 18: after that line insert:
AB455-AA2,4,6 6" Section 17g. 938.245 (2t) (i) of the statutes is created to read:
AB455-AA2,4,127 938.245 (2t) (i) 1. If a victim of the act for which the deferred prosecution
8agreement is entered into is paid an award under ch. 949 for any loss arising out of
9the act, the state is subrogated to the rights of the victim to any restitution required
10by the court. The rights of the state are subordinate to the claims of victims who have
11suffered a loss arising out of the offenses or any transaction which is part of the same
12continuous scheme of delinquent activity.
AB455-AA2,4,1913 2. When restitution is ordered, the court shall inquire to determine if an award
14has been made under ch. 949 and if the department of justice is subrogated to the
15cause of action under s. 949.15. If the restitution ordered is less than or equal to the
16award under ch. 949, the restitution shall be paid only to the general fund. If the
17restitution ordered is greater than the award under ch. 949, the general fund shall
18receive an amount equal to the award under ch. 949 and the balance shall be paid
19to the victim.".
AB455-AA2,4,20 2012. Page 10, line 14: after "restitution" insert "by a juvenile".
AB455-AA2,4,23 2113. Page 10, line 18: after "decree." insert "Any recovery under this paragraph
22shall be reduced by the amount recovered as restitution for the same act under par.
23(am).
".
AB455-AA2,5,6
114. Page 10, line 21: after "restitution." insert "Except for recovery for retail
2theft under s. 943.51, a judge or juvenile court commissioner may not order a parent
3who has custody, as defined in s. 895.035 (1), of a juvenile to make more than the
4amount specified in s. 799.01 (1) (d) in restitution for any damage, injury or death
5resulting from any one act of the juvenile or from the same act committed by 2 or more
6juveniles in the custody of that parent.
".
AB455-AA2,5,7 715. Page 10, line 22: after that line insert:
AB455-AA2,5,8 8" Section 20m. 938.32 (1t) (am) of the statutes is created to read:
AB455-AA2,5,249 938.32 (1t) (am) If the petition alleges that the juvenile committed a delinquent
10act that has resulted in damage to or loss or destruction of the property of another,
11in bodily injury to another excluding pain and suffering or in death and if the judge
12or juvenile court commissioner, after taking into consideration the well-being and
13needs of the victim, considers it beneficial to the well-being and behavior of the
14juvenile, the judge or juvenile court commissioner may, subject to par. (c), require the
15parent who has custody, as defined in s. 895.035 (1), of the juvenile, as a condition
16of the consent decree, to make reasonable restitution for the damage, injury or death
17as provided in pars. (d) to (h). Any consent decree that includes a condition of
18restitution by a parent who as custody of the juvenile shall include a finding that the
19parent who has custody of the juvenile is financially able to pay the amount ordered
20any may allow up to the date of the expiration of the consent decree for the payment.
21Objection by the parent to the amount of damages claimed shall entitle the parent
22to a hearing on the question of damages before the amount of restitution is made part
23of the consent decree. Any recovery under this paragraph shall be reduced by the
24amount recovered as restitution for the same act under par. (a).".
AB455-AA2,6,2
116. Page 11, line 2: after "juvenile" insert "or the parent who has custody, as
2defined in s. 895.035 (1), of the juvenile".
AB455-AA2,6,4 317. Page 11, line 12: after "juvenile" insert "or the parent who has custody, as
4defined in s. 895.035 (1), of the juvenile".
AB455-AA2,6,6 518. Page 12, line 2: after "juvenile" insert "or the parent who has custody, as
6defined in s. 895.035 (1), of the juvenile".
AB455-AA2,6,8 719. Page 12, line 7: after "juvenile" insert "or the parent who has custody, as
8defined in s. 895.035 (1), of the juvenile".
AB455-AA2,6,10 920. Page 12, line 13: after "juvenile" insert "or the parent who has custody, as
10defined in s. 895.035 (1), of the juvenile".
AB455-AA2,6,11 1121. Page 13, line 2: after that line insert:
AB455-AA2,6,12 12" Section 26g. 938.32 (1t) (i) of the statutes is created to read:
AB455-AA2,6,1813 938.32 (1t) (i) 1. If a victim of the delinquent act is paid an award under ch. 949
14for any loss arising out of the delinquent act, the state is subrogated to the rights of
15the victim to any restitution required by the court. The rights of the state are
16subordinate to the claims of victims who have suffered a loss arising out of the
17offenses or any transaction which is part of the same continuous scheme of
18delinquent activity.
AB455-AA2,7,219 2. When restitution is ordered, the court shall inquire to determine if an award
20has been made under ch. 949 and if the department of justice is subrogated to the
21cause of action under s. 949.15. If the restitution ordered is less than or equal to the
22award under ch. 949, the restitution shall be paid only to the general fund. If the
23restitution ordered is greater than the award under ch. 949, the general fund shall

1receive an amount equal to the award under ch. 949 and the balance shall be paid
2to the victim.".
AB455-AA2,7,5 322. Page 13, line 17: after "ordered." insert "Any recovery under this
4paragraph shall be reduced by the amount recovered as restitution for the same act
5under s. 938.45 (1r) (a)
".
AB455-AA2,7,6 623. Page 15, line 21: after that line insert:
AB455-AA2,7,7 7" Section 32g. 938.34 (5) (i) of the statutes is created to read:
AB455-AA2,7,138 938.34 (5) (i) 1. If a victim of the delinquent act is paid an award under ch. 949
9for any loss arising out of the delinquent act, the state is subrogated to the rights of
10the victim to any restitution required by the court. The rights of the state are
11subordinate to the claims of victims who have suffered a loss arising out of the
12offenses or any transaction which is part of the same continuous scheme of
13delinquent activity.
AB455-AA2,7,2014 2. When restitution is ordered, the court shall inquire to determine if an award
15has been made under ch. 949 and if the department of justice is subrogated to the
16cause of action under s. 949.15. If the restitution ordered is less than or equal to the
17award under ch. 949, the restitution shall be paid only to the general fund. If the
18restitution ordered is greater than the award under ch. 949, the general fund shall
19receive an amount equal to the award under ch. 949 and the balance shall be paid
20to the victim.".
AB455-AA2,7,23 2124. Page 16, line 12: after "ordered." insert "Any recovery under this
22paragraph shall be reduced by the amount recovered as restitution for the same act
23under s. 938.45 (1r) (a)
".
AB455-AA2,7,24 2425. Page 18, line 18: after that line insert:
AB455-AA2,8,1
1" Section 39m. 938.45 (1r) of the statutes is created to read:
AB455-AA2,8,172 938.45 (1r) (a) In a proceeding in which a juvenile has been found to have
3committed a delinquent act or a civil law or ordinance violation that has resulted in
4damage to or loss or destruction of the property of another, in bodily injury to another
5excluding pain and suffering, the court may order a parent who has custody, as
6defined in s. 895.035 (1), of the juvenile to make reasonable restitution for the
7damage or injury as provided in pars. (b) to (g) if the court, after taking into
8consideration the well-being and needs of the victim, considers it beneficial to the
9well-being and behavior of the juvenile. Except for recovery for retail theft under
10s. 943.51, the maximum amount of any restitution ordered under this paragraph for
11damage, injury or death resulting from any one act of a juvenile or from the same act
12committed by 2 or more juveniles in the custody of the same parent may not exceed
13the amount specified in s. 799.01 (1) (d). Any order under this paragraph shall
14include a finding that the parent who has custody of the juvenile is financially able
15to pay the amount ordered and may allow up to the date of expiration of the order
16for the payment. Any recovery under this paragraph shall be reduced by the amount
17recovered as restitution for the same act under s. 938.34 (5) or 938.343 (4).
AB455-AA2,8,2318 (b) If the delinquent act or civil law or ordinance violation resulted in damage
19to or loss or destruction of property, the restitution order may require the parent who
20has custody, as defined in s. 895.035 (1), of the juvenile to return the property to the
21owner or the owner's designee or, if return of the property is impossible, impractical
22or inadequate, pay the owner or the owner's designee the reasonable repair or
23replacement cost of the property or the greater of the following:
AB455-AA2,8,2424 1. The value of the property on the date of its damage, loss or destruction.
AB455-AA2,9,3
12. The value of the property on the date of disposition, less the value of any part
2of the property returned as of the date of its return. The value of any retail
3merchandise shall be its retail value.
AB455-AA2,9,64 (c) If the delinquent act or civil law or ordinance violation resulted in bodily
5injury, the restitution order may require that the parent who has custody, as defined
6in s. 895.035 (1), of the juvenile do any one or more of the following:
AB455-AA2,9,97 1. Pay an amount equal to the cost of necessary medical and related
8professional services and devices relating to physical, psychiatric and psychological
9care and treatment.
AB455-AA2,9,1110 2. Pay an amount equal to the cost of necessary physical and occupational
11therapy and rehabilitation.
AB455-AA2,9,1312 3. Reimburse the injured person for income lost as a result of a delinquent act
13considered at disposition.
AB455-AA2,9,1614 4. If the injured person's sole employment at the time of the injury was
15performing the duties of a homemaker, pay an amount sufficient to ensure that the
16duties are continued until the person is able to resume performance of the duties.
AB455-AA2,9,2017 (d) If the delinquent act or civil law or ordinance violation resulted in death,
18the restitution order may require that the parent who has custody, as defined in s.
19895.035 (1), of the juvenile pay an amount equal to the cost of necessary funeral and
20related services under s. 895.04 (5).
AB455-AA2,9,2521 (e) If the juvenile violated s. 940.225, 948.02, 948.025, 948.05, 948.06, 948.07
22or 948.08 and par. (c) 1. does not apply, the restitution order may require that the
23parent who has custody, as defined in s. 895.035 (1), of the juvenile pay an amount,
24not to exceed $10,000, equal to the cost of necessary professional services relating to
25psychiatric and psychological care and treatment. The $10,000 limit under this

1paragraph does not apply to the amount of any restitution ordered under par. (c) or
2(f) for the cost of necessary professional services relating to psychiatric and
3psychological care and treatment.
AB455-AA2,10,64 (f) In any case, the restitution order may require that the parent who has
5custody, as defined in s. 895.035 (1), of the juvenile do any one or more of the
6following:
AB455-AA2,10,97 1. Pay all special damages, but not general damages, substantiated by evidence
8in the record, which could be recovered in a civil action against the juvenile for his
9or her conduct in the commission of a delinquent act considered at disposition.
AB455-AA2,10,1310 2. Pay an amount equal to the income lost, and reasonable out-of-pocket
11expenses incurred, by the person against whom a delinquent act considered at
12disposition was committed resulting from the filing of charges or cooperating in the
13investigation and prosecution of the delinquent act.
AB455-AA2,10,1814 3. Reimburse any person or agency for amounts paid as rewards for
15information leading to the apprehension or successful prosecution of the juvenile for
16a delinquent act for which the juvenile was adjudicated delinquent or to the
17apprehension or prosecution of the juvenile for a delinquent act that was read into
18the record and dismissed at the time of adjudication.
AB455-AA2,10,2019 4. If justice so requires, reimburse any insurer, surety or other person who has
20compensated a victim for a loss otherwise compensable under this subsection.
AB455-AA2,10,2521 (g) 1. If a victim of a delinquent act is paid an award under ch. 949 for any loss
22arising out of the delinquent act, the state is subrogated to the rights of the victim
23to any restitution required by the court. The rights of the state are subordinate to
24the claims of victims who have suffered a loss arising out of the offenses or any
25transaction which is part of the same continuous scheme of delinquent activity.
AB455-AA2,11,7
12. When restitution is ordered, the court shall inquire to determine if an award
2has been made under ch. 949 and if the department of justice is subrogated to the
3cause of action under s. 949.15. If the restitution ordered is less than or equal to the
4award under ch. 949, the restitution shall be paid only to the general fund. If the
5restitution ordered is greater than the award under ch. 949, the general fund shall
6receive an amount equal to the award under ch. 949 and the balance shall be paid
7to the victim.
AB455-AA2, s. 39p 8Section 39p. 938.45 (2) of the statutes is amended to read:
AB455-AA2,11,189 938.45 (2) No order under sub. (1) (a) or , (1m) (a) or (1r) (a) may be entered until
10the person who is the subject of the contemplated order is given an opportunity to be
11heard on the contemplated order. The court shall cause notice of the time, place and
12purpose of the hearing to be served on the person personally at least 10 days before
13the date of hearing. The procedure in these cases shall, as far as practicable, be the
14same as in other cases in the court. At the hearing the person may be represented
15by counsel and may produce and cross-examine witnesses. Any person who fails to
16comply with any order issued by a court under sub. (1) (a) or, (1m) (a) or (1r) (a) may
17be proceeded against for contempt of court. If the person's conduct involves a crime,
18the person may be proceeded against under the criminal law.".
AB455-AA2,11,19 1926. Page 19, line 2: after that line insert:
AB455-AA2,11,20 20" Section 40m. 949.15 (1) of the statutes is amended to read:
AB455-AA2,12,821 949.15 (1) Whenever the department orders the payment of an award under
22this chapter as a result of the occurrence of an event that creates a cause of action
23on the part of a claimant against any person, the department is subrogated to the
24rights of the claimant and may bring an action against the person for the amount of

1the damages sustained by the claimant. If an amount greater than that paid under
2the award order is recovered and collected in any such action, the department shall
3pay the balance to the claimant. If the person responsible for the injury or death has
4previously made restitution payments to the general fund under s. 938.245, 938.32,
5938.34 or
973.20 or if his or her parent has previously made restitution payments to
6the general fund under s. 938.45
, any judgment obtained by the department under
7this section shall be reduced by the amount of the restitution payments to the general
8fund.
AB455-AA2, s. 40p 9Section 40p. 949.165 (7) of the statutes is amended to read:
AB455-AA2,12,1510 949.165 (7) Third priority payments; legal fees and restitution. The
11department shall make payments from an escrow account for any governmental
12entity for the reimbursement for or recoupment of the costs of legal representation
13of the person charged with the serious crime or for any unpaid restitution under s.
14938.245, 938.32, 938.34, 938.45 or 973.20. The governmental entity shall file a claim
15for the applicable amount with the department.".
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