AB709-AA1,1,94
938.396
(5) (b)
The If the petitioner is seeking access to a record under sub. (1),
5(1b), (1d), (1g), (1m) (c) or (d), (1r), or (1t), the court shall notify the juvenile, the
6juvenile's counsel, the juvenile's parents
, and appropriate law enforcement agencies
7in writing of the petition. If any person notified objects to the disclosure, the court
8may hold a hearing to take evidence relating to the petitioner's need for the
9disclosure.
AB709-AA1,2,811
938.396
(5) (bm) If the petitioner is seeking access to a record under sub. (1m)
12(a), (am), (ar), or (b), the court shall, without notice or hearing, make the inspection
13and determinations specified in par. (c) and, if the court determines that disclosure
1is warranted, shall order disclosure under par. (d). The petitioner shall provide a
2copy of the disclosure order to the law enforcement agency that denied access to the
3record, the juvenile, the juvenile's counsel, and the juvenile's parents. Any of those
4persons may obtain a hearing on the court's determinations by filing a motion to set
5aside the disclosure order within 10 days after receipt of the order. If no motion is
6filed within those 10 days or if, after hearing, the court determines that no good cause
7has been shown for setting aside the order, the law enforcement agency shall disclose
8the juvenile's record as ordered.
AB709-AA1,2,1310
938.396
(5) (c) 3. If the petitioner is a person who was denied access to a record
11under sub. (1m) (a), (am), (ar), or (b), the petitioner's legitimate educational
12interests, including safety interests, in the information against society's interest in
13protecting its confidentiality.".
AB709-AA1,2,17
15"
(2f) Disclosure of law enforcement records. The treatment of section
16938.396 (5) (b), (bm), and (c) 3. of the statutes first applies to a law enforcement record
17to which access is denied on the effective date of this subsection.".
