SENATE AMENDMENT 5,
TO SENATE SUBSTITUTE AMENDMENT 1,
TO 1997 ASSEMBLY BILL 686
April 28, 1998 - Offered by Senator Moore.
AB686-SSA1-SA5,1,11 At the locations indicated, amend the substitute amendment as follows:
AB686-SSA1-SA5,1,2 21. Page 13, line 22: delete lines 22 to 25.
AB686-SSA1-SA5,1,3 32. Page 14, line 1: delete lines 1 to 5.
AB686-SSA1-SA5,1,4 43. Page 15, line 16: delete lines 16 to 25.
AB686-SSA1-SA5,1,5 54. Page 16, line 1: delete lines 1 to 24.
AB686-SSA1-SA5,1,6 65. Page 17, line 1: delete lines 1 to 16 and substitute:
AB686-SSA1-SA5,1,8 7" Section 49m. 938.17 (2) (h) 1. of the statutes, as affected by 1997 Wisconsin
8Act .... (Assembly Bill 410), is amended to read:
AB686-SSA1-SA5,2,109 938.17 (2) (h) 1. If a juvenile who has violated a municipal ordinance, other
10than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition of his or
11her dispositional order, the municipal court may impose on the juvenile any of the
12sanctions specified in s. 938.355 (6) (d) 2. to 4. that are authorized under par. (cm)

1except for monitoring by an electronic monitoring system or may petition the court
2assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the
3juvenile the sanction specified in s. 938.355 (6) (d) 1. or home detention with
4monitoring by an electronic monitoring system as specified in s. 938.355 (6) (d) 3., if
5authorized under par. (cm), if at the time of judgment the court explained the
6conditions to the juvenile and informed the juvenile of the possible sanctions under
7s. 938.355 (6) (d) that are authorized under par. (cm) for a violation or if before the
8violation the juvenile has acknowledged in writing that he or she has read, or has had
9read to him or her, those conditions and possible sanctions and that he or she
10understands those conditions and possible sanctions.
AB686-SSA1-SA5, s. 50m 11Section 50m. 938.17 (2) (i) 1. of the statutes, as created by 1997 Wisconsin Act
12.... (Assembly Bill 410), is amended to read:
AB686-SSA1-SA5,2,2113 938.17 (2) (i) 1. If a juvenile who has violated a municipal ordinance enacted
14under s. 118.163 (2) (1m) violates a condition of his or her dispositional order, the
15municipal court may impose on the juvenile any of the sanctions specified in s.
16938.355 (6m) (ag) that are authorized under par. (cm), if at the time of judgment the
17court explained the conditions to the juvenile and informed the juvenile of the those
18possible sanctions under s. 938.355 (6m) that are authorized under par. (cm) for a
19violation
or if before the violation the juvenile has acknowledged in writing that he
20or she has read, or has had read to him or her, those conditions and possible sanctions
21and that he or she understands those conditions and possible sanctions.
AB686-SSA1-SA5, s. 50p 22Section 50p. 938.17 (2) (i) 2. of the statutes, as created by 1997 Wisconsin Act
23.... (Assembly Bill 410), is renumbered 938.17 (2) (i) 3g. and amended to read:
AB686-SSA1-SA5,3,424 938.17 (2) (i) 3g. A motion requesting the municipal court to impose or petition
25for
a sanction may be brought by the person or agency primarily responsible for the

1provision of dispositional services, the municipal attorney or the court that entered
2the dispositional order. If the court initiates the motion, that court is disqualified
3from holding a hearing on the motion. Notice of the motion shall be given to the
4juvenile and the juvenile's parent, guardian or legal custodian.
AB686-SSA1-SA5, s. 50r 5Section 50r. 938.17 (2) (i) 2m. of the statutes is created to read:
AB686-SSA1-SA5,3,136 938.17 (2) (i) 2m. If a juvenile who has violated a municipal ordinance enacted
7under s. 118.163 (2) violates a condition of his or her dispositional order, the
8municipal court may impose on the juvenile any of the sanctions specified in s.
9938.355 (6m) (a) that are authorized under par. (cm), if at the time of judgment the
10court explained the conditions to the juvenile and informed the juvenile of those
11possible sanctions or if before the violation the juvenile has acknowledged in writing
12that he or she has read, or has had read to him or her, those conditions and possible
13sanctions and that he or she understands those conditions and possible sanctions.
AB686-SSA1-SA5, s. 50t 14Section 50t. 938.17 (2) (i) 3. of the statutes, as created by 1997 Wisconsin Act
15.... (Assembly Bill 410), is renumbered 938.17 (2) (i) 4. and amended to read:
AB686-SSA1-SA5,3,1916 938.17 (2) (i) 4. Before imposing any sanction, the court shall hold a hearing,
17at which the juvenile may present evidence. Except as provided in s. 901.05, neither
18common law nor statutory rules of evidence are binding at a hearing under this
19subdivision.
".
AB686-SSA1-SA5,3,20 206. Page 22, line 14: delete lines 14 to 25.
AB686-SSA1-SA5,3,21 217. Page 23, line 1: delete lines 1 to 25 and substitute:
AB686-SSA1-SA5,3,23 22" Section 65m. 938.355 (6) (a) of the statutes, as affected by 1997 Wisconsin
23Act .... (Assembly Bill 410), is amended to read:
AB686-SSA1-SA5,4,22
1938.355 (6) (a) If a juvenile who has been adjudged delinquent or to have
2violated a civil law or ordinance, other than an ordinance enacted under s. 118.163
3(1m) or (2), violates a condition specified in sub. (2) (b) 7., the court may impose on
4the juvenile any of the sanctions specified in par. (d) if, at the dispositional hearing
5under s. 938.335, the court explained the conditions to the juvenile and informed the
6juvenile of those possible sanctions or if before the violation the juvenile has
7acknowledged in writing that he or she has read, or has had read to him or her, those
8conditions and possible sanctions and that he or she understands those conditions
9and possible sanctions. If a juvenile who has been found to be in need of protection
10or services under s. 938.13 (4), (6m), (7), (12) or (14) violates a condition specified in
11sub. (2) (b) 7., the court may impose on the juvenile any of the sanctions specified in
12par. (d), other than placement in a secure detention facility or juvenile portion of a
13county jail, if, at the dispositional hearing under s. 938.335, the court explained the
14conditions to the juvenile and informed the juvenile of those possible sanctions or if
15before the violation the juvenile has acknowledged in writing that he or she has read,
16or has had read to him or her, those conditions and possible sanctions and that he or
17she understands those conditions and possible sanctions. The court may not order
18the sanction of placement in a place of nonsecure custody specified in par. (d) 1.
19unless the court finds that the agency primarily responsible for providing services
20for the juvenile has made reasonable efforts to prevent the removal of the juvenile
21from his or her home and that continued placement of the juvenile in his or her home
22is contrary to the welfare of the juvenile.
AB686-SSA1-SA5, s. 66m 23Section 66m. 938.355 (6) (an) 1. of the statutes, as affected by 1997 Wisconsin
24Act .... (Assembly Bill 410), is amended to read:
AB686-SSA1-SA5,5,13
1938.355 (6) (an) 1. If a juvenile who has violated a municipal ordinance, other
2than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition of a
3dispositional order imposed by the municipal court, the municipal court may petition
4the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose
5on the juvenile the sanction specified in par. (d) 1. or the sanction specified in par. (d)
63., with monitoring by an electronic monitoring system, if, at the time of the
7judgment the municipal court explained the conditions to the juvenile and informed
8the juvenile of those possible sanctions for a violation or if before the violation the
9juvenile has acknowledged in writing that he or she has read, or has had read to him
10or her, those conditions and possible sanctions and that he or she understands those
11conditions and possible sanctions. The petition shall contain a statement of whether
12the juvenile may be subject to the federal Indian child welfare act, 25 USC 1911 to
131963.".
AB686-SSA1-SA5,5,14 148. Page 24, line 4: delete lines 4 to 25.
AB686-SSA1-SA5,5,15 159. Page 25, line 1: delete lines 1 to 18 and substitute:
AB686-SSA1-SA5,5,17 16" Section 68m. 938.355 (6m) (a) (intro.) of the statutes, as affected by 1997
17Wisconsin Act .... (Assembly Bill 410), is amended to read:
AB686-SSA1-SA5,6,718 938.355 (6m) (a) (intro.) If the court finds by a preponderance of the evidence
19that a juvenile who has been found to have violated a municipal ordinance enacted
20under s. 118.163 (2) or who has been found to be in need of protection or services
21under s. 938.13 (6) has violated a condition specified under sub. (2) (b) 7., the court
22may order as a sanction any combination of the sanctions specified in subds. 1. to 3.
23and the dispositions specified in s. 938.342 (1) (1g) (d) to (f) (j) and (1m), regardless
24of whether the disposition was imposed in the order violated by the juvenile, if at the

1dispositional hearing under s. 938.335 the court explained those conditions to the
2juvenile and informed the juvenile of the possible sanctions under this paragraph for
3a violation or if before the violation the juvenile has acknowledged in writing that
4he or she has read, or has had read to him or her, those conditions and possible
5sanctions and that he or she understands those conditions and possible sanctions.
6The court may order as a sanction or limitation on the use under this paragraph any
7of the following:".
AB686-SSA1-SA5,6,8 810. Page 26, line 7: delete lines 7 to 22.
AB686-SSA1-SA5,6,9 911. Page 28, line 14: delete lines 14 to 18 and substitute:
AB686-SSA1-SA5,6,12 10"(3t) The treatment of sections 938.17 (2) (h) 1. and (i) 1., 2., 2m. and 3. and
11938.355 (6) (a) and (an) 1. and (6m) (title), (a) (intro.), (ag), (b) and (c) of the statutes
12first applies to dispositional orders entered on the effective date of this subsection.".
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