Amendment AA3-ASA1-AB686

LRBa1578/1

GMM:jlg:hmh

1997 - 1998 LEGISLATURE

ASSEMBLY AMENDMENT 3, TO ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1997 ASSEMBLY BILL 686

February 5, 1998 - Offered by Representatives Kelso, Huber and Krusick.

AB686-ASA1-AA3,1,1 At the locations indicated, amend the substitute amendment as follows:

AB686-ASA1-AA3,1,2 1. Page 13, line 9: delete lines 9 to 16 and substitute:

AB686-ASA1-AA3,2,2 "2m. If a juvenile who has violated a municipal ordinance enacted under s. 118.163 (2) violates a condition of his or her dispositional order, the municipal court may impose on the juvenile any of the sanctions specified in s. 938.355 (6m) (a) that are authorized under par. (cm) except for the sanction specified in s. 938.355 (6m) (a) 1. or may petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the juvenile the sanction specified in s. 938.355 (6m) (a) 1., if authorized under par. (cm), if at the time of judgment the court explained the conditions to the juvenile and informed the juvenile of the possible sanctions under s. 938.355 (6m) (a) that are authorized under par. (cm) 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.".

AB686-ASA1-AA3,2,3 2. Page 13, line 17: after "impose" insert "or petition".

AB686-ASA1-AA3,2,4 3. Page 13, line 25: after that line insert:

AB686-ASA1-AA3,2,9 "4m. If the court assigned to exercise jurisdiction under this chapter and ch. 48 imposes the sanction specified in s. 938.355 (6m) (a) 1., on a petition described in subd. 2m., that court shall order the municipality of the municipal court that filed the petition to pay to the county the cost of providing the sanction imposed under s. 938.355 (6m) (a) 1.".

AB686-ASA1-AA3,2,10 4. Page 19, line 6: delete lines 6 to 25.

AB686-ASA1-AA3,2,11 5. Page 20, line 1: delete lines 1 to 5 and substitute:

AB686-ASA1-AA3,2,13 " Section 60m. 938.355 (6m) (a) of the statutes is renumbered 938.355 (6m) (a) (intro.) and amended to read:

AB686-ASA1-AA3,3,4 938.355 (6m) (a) (intro.) If the court finds by a preponderance of the evidence that a juvenile who has been found to have violated a municipal ordinance enacted under s. 118.163 (2) or who has been found to be in need of protection or services based on habitual truancy from school under s. 938.13 (6) 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 sanction specified in subds. 1. and 2. and the dispositions specified in s. 938.342 (1) (1g) (b) to (f) (j) 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:

AB686-ASA1-AA3,3,15 2. Suspension of the juvenile's operating privilege, as defined under s. 340.01 (40), 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 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 operating privilege under this paragraph subdivision, the court shall immediately take possession of the suspended license and forward it to the department of transportation with a notice stating the reason for and the duration of the suspension.

AB686-ASA1-AA3, s. 60p Section 60p. 938.355 (6m) (a) 1. of the statutes is created to read:

AB686-ASA1-AA3,3,24 938.355 (6m) (a) 1. Placement of the juvenile in a secure detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody, for not more than 10 days and the provision of educational services consistent with his or her current course of study during the period of placement. The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this subdivision for all time spent in secure detention in connection with the course of conduct for which the detention or nonsecure custody was imposed.".

AB686-ASA1-AA3,4,1 6. Page 20, line 18: after that line insert:

AB686-ASA1-AA3,4,2 " Section 61m. 938.355 (6m) (am) of the statutes is created to read:

AB686-ASA1-AA3,4,13 938.355 (6m) (am) 1. If a juvenile who has violated a municipal ordinance enacted under s. 118.163 (2) violates a condition of a dispositional order imposed by the municipal court, the municipal court may petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the juvenile the sanction specified in par. (a) 1. if, at the time of the judgment the municipal court explained the conditions to the juvenile and informed the juvenile of that possible sanction 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 that possible sanction and that he or she understands those conditions and that possible sanction. The petition shall contain a statement of whether the juvenile may be subject to the federal Indian child welfare act, 25 USC 1911 to 1963.

AB686-ASA1-AA3,4,17 2. If the court assigned to exercise jurisdiction under this chapter and ch. 48 imposes the sanction specified in par. (a) 1. on a petition described in subd. 1., that court shall order the municipality of the municipal court that filed the petition to pay to the county the cost of providing the sanction imposed under par. (a) 1.".

AB686-ASA1-AA3,4,18 7. Page 21, line 16: delete lines 16 to 18 and substitute:

AB686-ASA1-AA3,4,23 "(3m) The treatment of sections 938.17 (2) (h) 1. and (i) and 938.355 (6) (a) and (an) 1. and (6m) (title), (ag), (am), (b) and (c) of the statutes, the renumbering and amendment of section 938.355 (6m) (a) of the statutes and the creation of section 938.355 (6m) (a) 1. of the statutes first apply to dispositional orders entered on the effective date of this subsection.".

AB686-ASA1-AA3,4,24 (End)