Amendment AA3-AB648

LRBa0993/1

MGD:cjs:rs

2005 - 2006 LEGISLATURE

ASSEMBLY AMENDMENT 3, TO 2005 ASSEMBLY BILL 648

September 27, 2005 - Offered by Representative Albers.

AB648-AA3,1,1 At the locations indicated, amend the bill as follows:

AB648-AA3,1,2 1. Page 14, line 13: after that line insert:

AB648-AA3,2,7 "(4) (a) If, during the investigation of an act that would be a crime if committed by an adult, a law enforcement agency made an audio or audio and visual recording of a custodial interrogation of a juvenile and neither criminal proceedings nor proceedings under this chapter have been commenced with respect to that juvenile in connection with that investigation, the law enforcement agency that made the recording shall, upon request, provide the juvenile, if 14 years of age or over, the juvenile's parent, guardian, or legal custodian, or an attorney representing any of them a reasonable opportunity to review an unadulterated copy of the recording within a reasonable time after the request. If the request is made by the juvenile or his or her parent, guardian, or legal custodian and the requester is not represented by an attorney, the law enforcement agency shall make the copy of the recording available to the requester at the agency's offices or at the office of the district attorney. If the request is made by the juvenile or his or her parent, guardian, or legal custodian and the requester is represented by an attorney, or if the request is made by an attorney representing any of those individuals, the law enforcement agency shall provide a copy of the recording to the attorney. The attorney may not copy the recording or make the recording available to the public without the agency's written consent.

AB648-AA3,2,10 (b) Paragraph (a) does not apply to a recording of an interrogation if an attorney representing the juvenile being interrogated was present during the entire interrogation.".

AB648-AA3,2,11 2. Page 15, line 20: after that line insert:

AB648-AA3,2,12 " Section 28m. 938.396 (1) of the statutes is amended to read:

AB648-AA3,3,6 938.396 (1) Law enforcement officers' records of juveniles shall be kept separate from records of adults. Law enforcement officers' records of juveniles shall not be open to inspection or their contents disclosed except under sub. (1b), (1d), (1g), (1m), (1r), (1t), (1x) or (5) or s. 938.195 (4) (a) or 938.293 or by order of the court. This subsection does not apply to representatives of the news media who wish to obtain information for the purpose of reporting news without revealing the identity of the juvenile involved, to the confidential exchange of information between the police and officials of the school attended by the juvenile or other law enforcement or social welfare agencies or to juveniles 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. 48.396 (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.".

AB648-AA3,3,7 3. Page 17, line 15: after that line insert:

AB648-AA3,3,22 "(4) (a) If, during the investigation of a crime, a law enforcement agency made an audio or audio and visual recording of a custodial interrogation of a person who is 17 years of age or older and criminal charges have not been filed against that person in connection with that investigation, the law enforcement agency that made the recording shall, upon request, provide the person or his or her attorney a reasonable opportunity to review an unadulterated copy of the recording within a reasonable time after the request. If the request is made by the person who was interrogated and he or she is not represented by an attorney, the law enforcement agency shall make the copy of the recording available to the requester at the agency's offices or at the office of the district attorney. If the request is made by the person who was interrogated and he or she is represented by an attorney, or if the request is made by an attorney representing the person who was interrogated, the law enforcement agency shall provide a copy of the recording to the attorney. The attorney may not copy the recording or make the recording available to the public without the agency's written consent.

AB648-AA3,4,3 (b) Paragraph (a) does not apply to a recording of an interrogation if an attorney representing the person being interrogated was present during the entire interrogation.".

AB648-AA3,4,4 (End)