Amendment ASA1-AB777

LRBs0369/1

JEO:jlg:hmh

1999 - 2000 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1999 ASSEMBLY BILL 777

March 16, 2000 - Offered by Committee on Judiciary and Personal Privacy.

AB777-ASA1,2,2 An Act to repeal 51.30 (4) (b) 10m.; to renumber and amend 980.015 (1), 980.015 (2) (intro.), 980.015 (2) (a), 980.015 (2) (b), 980.015 (2) (c), 980.015 (4), 980.03 (4) and 980.03 (5); to amend 48.396 (1), 48.396 (5) (a) (intro.), 51.30 (3) (a), 51.30 (3) (b), 51.30 (4) (b) 8m., 51.30 (4) (b) 11., 51.375 (1) (a), 146.82 (2) (c), 165.255, 904.04 (2), 905.04 (4) (a), 938.396 (1), 938.396 (2) (e), 938.396 (5) (a) (intro.), 938.78 (2) (e), 967.03, 972.15 (4), 978.05 (6), 980.015 (title), 980.015 (3) (intro.), 980.015 (3) (b), 980.02 (1) (intro.), 980.02 (1) (a), 980.02 (1) (b) (intro.), 980.03 (2) (intro.), 980.07 (1), 980.07 (2), 980.07 (3), 980.08 (3), 980.08 (4), 980.09 (1) (b), 980.09 (2) (a), 980.09 (2) (b), 980.10 and 980.12 (1); and to create 48.396 (6), 48.78 (2) (e), 51.30 (3) (bm), 51.30 (4) (b) 8s., 146.82 (2) (cm), 301.355, 938.35 (1) (e), 938.396 (1k), 972.15 (6), 980.015 (1) (b) (intro.), 980.015 (2) (bm), 980.015 (3m), 980.015 (3r), 980.015 (3x), 980.031 (title), 980.031 (2), 980.036, 980.038 (title), 980.038 (2), 980.038 (3), 980.07 (1g), 980.14 (title) and 980.14 (1) of the statutes; relating to: sexually violent person commitment proceedings.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB777-ASA1, s. 1 Section 1. 48.396 (1) of the statutes is amended to read:

AB777-ASA1,3,2 48.396 (1) Law enforcement officers' records of children shall be kept separate from records of adults. Law enforcement officers' records of the adult expectant mothers of unborn children shall be kept separate from records of other adults. Law enforcement officers' records of children and the adult expectant mothers of unborn children shall not be open to inspection or their contents disclosed except under sub. (1b), (1d) or, (5) or (6) or s. 48.293 or by order of the court. This subsection does not apply to the representatives of newspapers or other reporters of news who wish to obtain information for the purpose of reporting news without revealing the identity of the or adult expectant mother child or adult expectant mother involved, to the confidential exchange of information between the police and officials of the school attended by the child or other law enforcement or social welfare agencies or to children 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction. A public school official who obtains information under this subsection shall keep the information confidential as required under s. 118.125 and a private school official who obtains information under this subsection shall keep the information confidential in the same manner as is required of a public school official under s. 118.125. A law enforcement agency that obtains information under this subsection shall keep the information confidential as required under this subsection and s. 938.396 (1). A social welfare agency that obtains information under this subsection shall keep the information confidential as required under ss. 48.78 and 938.78.

AB777-ASA1, s. 2 Section 2. 48.396 (5) (a) (intro.) of the statutes is amended to read:

AB777-ASA1,3,7 48.396 (5) (a) (intro.) Any person who is denied access to a record under sub. (1), (1b) or, (1d) or (6) may petition the court to order the disclosure of the records governed by the applicable subsection. The petition shall be in writing and shall describe as specifically as possible all of the following:

AB777-ASA1, s. 3 Section 3. 48.396 (6) of the statutes is created to read:

AB777-ASA1,3,17 48.396 (6) Records of law enforcement officers and of the court assigned to exercise jurisdiction under this chapter and ch. 938 shall be open for inspection by and production to appropriate persons in accordance with ss. 980.015 (3m), (3r) and (3x), 980.031 (3) and 980.08 (3), if the records involve or relate to an individual who is the subject of or who is being evaluated for a proceeding under ch. 980. Information obtained from records under this subsection shall be kept confidential except to the extent that redisclosure of that information is necessary for the conduct of an evaluation, examination or proceeding under ch. 980 for which the information was obtained.

AB777-ASA1, s. 4 Section 4. 48.78 (2) (e) of the statutes is created to read:

AB777-ASA1,3,25 48.78 (2) (e) Notwithstanding par. (a), an agency shall, upon request, disclose information to appropriate persons in accordance with ss. 980.015 (3m), (3r) and (3x), 980.031 (3) and 980.08 (3), if the information involves or relates to an individual who is the subject of or who is being evaluated for a proceeding under ch. 980. Information obtained under this paragraph shall be kept confidential except to the extent that redisclosure of that information is necessary for the conduct of an evaluation, examination or proceeding under ch. 980 for which the information was obtained.

AB777-ASA1, s. 5 Section 5. 51.30 (3) (a) of the statutes is amended to read:

AB777-ASA1,4,4 51.30 (3) (a) Except as provided in pars. (b) and, (bm), (c) and (d), the files and records of the court proceedings under this chapter shall be closed but shall be accessible to any individual who is the subject of a petition filed under this chapter.

AB777-ASA1, s. 6 Section 6. 51.30 (3) (b) of the statutes is amended to read:

AB777-ASA1,4,11 51.30 (3) (b) An individual's attorney or guardian ad litem shall have access to the files and records of the court proceedings under this chapter without the individual's consent and without modification of the records in order to prepare for involuntary commitment or recommitment proceedings, reexaminations, appeals, or other actions relating to detention, admission or commitment under this chapter or ch. 971 or, 975 or 980.

AB777-ASA1, s. 7 Section 7. 51.30 (3) (bm) of the statutes is created to read:

AB777-ASA1,4,18 51.30 (3) (bm) The files and records of court proceedings under this chapter shall be released to appropriate persons in accordance with ss. 980.015 (3m), (3r) and (3x), 980.031 (3) and 980.08 (3). Information obtained from files and records under this paragraph shall be kept confidential except to the extent that redisclosure of that information is necessary for the conduct of an evaluation, examination or proceeding under ch. 980 for which the information was obtained.

AB777-ASA1, s. 8 Section 8. 51.30 (4) (b) 8m. of the statutes is amended to read:

AB777-ASA1,4,23 51.30 (4) (b) 8m. To appropriate examiners and facilities in accordance with s. 971.17 (2) (e), (4) (c) and (7) (c), 980.03 (4) or 980.08 (3). The recipient of any information from the records shall keep the information confidential except as necessary to comply with s. 971.17 or ch. 980.

AB777-ASA1, s. 9 Section 9. 51.30 (4) (b) 8s. of the statutes is created to read:

AB777-ASA1,5,5 51.30 (4) (b) 8s. To appropriate persons in accordance with ss. 980.015 (3) (b), (3m), (3r) and (3x), 980.031 (3) and 980.08 (3). Information obtained under this subdivision shall be kept confidential except to the extent that redisclosure of the information is necessary for the conduct of an evaluation, examination or proceeding under ch. 980 for which the information was obtained.

AB777-ASA1, s. 10 Section 10. 51.30 (4) (b) 10m. of the statutes is repealed.

AB777-ASA1, s. 11 Section 11. 51.30 (4) (b) 11. of the statutes is amended to read:

AB777-ASA1,5,12 51.30 (4) (b) 11. To the subject individual's counsel or guardian ad litem, without modification, at any time in order to prepare for involuntary commitment or recommitment proceedings, reexaminations, appeals or other actions relating to detention, admission, commitment or patients' rights under this chapter or ch. 48, 971 or, 975 or 980.

AB777-ASA1, s. 12 Section 12. 51.375 (1) (a) of the statutes is amended to read:

AB777-ASA1,5,17 51.375 (1) (a) "Community placement" means conditional transfer into the community under s. 51.35 (1), conditional release under s. 971.17, parole from a commitment for specialized treatment under ch. 975 or conditional supervised release under ch. 980.

AB777-ASA1, s. 13 Section 13. 146.82 (2) (c) of the statutes is amended to read:

AB777-ASA1,5,23 146.82 (2) (c) Notwithstanding sub. (1), patient health care records shall be released to appropriate examiners and facilities in accordance with ss. s. 971.17 (2) (e), (4) (c) and (7) (c), 980.03 (4) and 980.08 (3). The recipient of any information from the records shall keep the information confidential except as necessary to comply with s. 971.17 or ch. 980.

AB777-ASA1, s. 14 Section 14. 146.82 (2) (cm) of the statutes is created to read:

AB777-ASA1,6,6 146.82 (2) (cm) Notwithstanding sub. (1), patient health care records shall be released to appropriate persons in accordance with ss. 980.015 (3) (b), (3m), (3r) or (3x), 980.031 (3) and 980.08 (3). Information obtained under this paragraph shall be kept confidential except to the extent that redisclosure of the information is necessary for the conduct of an evaluation, examination or proceeding under ch. 980 for which the information was obtained.

AB777-ASA1, s. 15 Section 15. 165.255 of the statutes is amended to read:

AB777-ASA1,6,12 165.255 Representation in sexually violent person commitment proceedings. The department of justice may, at the request of an agency under s. 980.02 (1), represent the state in sexually violent person commitment proceedings under ch. 980 if it files the petition to initiate the proceedings as provided under s. 980.02 (1) (a).

AB777-ASA1, s. 16 Section 16. 301.355 of the statutes is created to read:

AB777-ASA1,6,17 301.355 Access to records for sexually violent person commitment proceedings. (1) The department shall allow the following persons to have access to a departmental record relating to an individual who has been convicted of a sexually violent offense, as defined in s. 980.01 (6):

AB777-ASA1,6,18 (a) The department of health and family services.

AB777-ASA1,6,19 (b) The department of justice.

AB777-ASA1,6,21 (c) A district attorney specified in s. 980.02 (1) (b) or an agent or employe of the district attorney.

AB777-ASA1,6,23 (d) The person who is the subject of the departmental record, his or her attorney or an agent or employe of the attorney.

AB777-ASA1,6,25 (e) An expert or professional person who has been retained or appointed under ch. 980 to evaluate or examine the subject of the departmental record.

AB777-ASA1,7,3 (2) Information obtained from a departmental record under sub. (1) may be used in an evaluation, examination, trial or other proceeding under ch. 980 by any person specified in sub. (1).

AB777-ASA1, s. 17 Section 17. 904.04 (2) of the statutes is amended to read:

AB777-ASA1,7,12 904.04 (2) Other crimes, wrongs, or acts. Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that the person acted in conformity therewith. This subsection does not exclude the evidence when it is offered for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, or when it is offered at a trial or other proceeding under ch. 980 for the purpose of proving the diagnosis of a person or showing the basis of an opinion concerning the probability that a person will engage in acts of sexual violence.

AB777-ASA1, s. 18 Section 18. 905.04 (4) (a) of the statutes is amended to read:

AB777-ASA1,7,25 905.04 (4) (a) Proceedings for hospitalization, control, care and treatment of a sexually violent person, guardianship, protective services or protective placement. There is no privilege under this rule as to communications and information relevant to an issue in proceedings to hospitalize the patient for mental illness, to appoint a guardian under s. 880.33, for control, care and treatment of a sexually violent person under ch. 980, for court-ordered protective services or protective placement or for review of guardianship, protective services or protective placement orders, if the physician, registered nurse, chiropractor, psychologist, social worker, marriage and family therapist or professional counselor in the course of diagnosis or treatment has determined that the patient is in need of hospitalization, control, care and treatment as a sexually violent person, guardianship, protective services or protective placement.

AB777-ASA1, s. 19 Section 19. 938.35 (1) (e) of the statutes is created to read:

AB777-ASA1,8,3 938.35 (1) (e) In a hearing, trial or other proceeding under ch. 980 relating to a juvenile.

AB777-ASA1, s. 20 Section 20. 938.396 (1) of the statutes is amended to read: