AB130, s. 552 23Section 552. 808.04 (3) of the statutes is amended to read:
AB130,165,3
1808.04 (3) Except as provided in subs. (4) and (7), an appeal in a criminal case
2or a case under ch. 48, 51 or, 55 or 938 shall be initiated within the time period
3specified in s. 809.30.
AB130, s. 553 4Section 553. 808.04 (4) of the statutes is amended to read:
AB130,165,75 808.04 (4) Except as provided in sub. (7m), an appeal by the state in either a
6criminal case under s. 974.05 or a case under ch. 48 or 938 shall be initiated within
745 days of entry of the judgment or order appealed from.
AB130, s. 554 8Section 554. 808.075 (4) (fn) of the statutes is created to read:
AB130,165,99 808.075 (4) (fn) In a case under ch. 938:
AB130,165,1010 2. Review of nonsecure custody orders under s. 938.207.
AB130,165,1211 3. Review of secure detention orders under s. 938.208 and secure detention
12status reviews under s. 938.209 (1) (e).
AB130,165,1313 4. Hearing for child held in custody under s. 938.21.
AB130,165,1414 5. Hearing upon involuntary removal under s. 938.305.
AB130,165,1515 6. Revision of dispositional order under s. 938.363.
AB130,165,1616 7. Extension of dispositional order under s. 938.365, unless s. 938.368 applies.
AB130,165,1717 8. Review of permanency plan under s. 938.38 (5).
AB130,165,1818 9. Release of confidential information under s. 938.396 or 938.78.
AB130, s. 555 19Section 555. 809.30 (1) (a) of the statutes is amended to read:
AB130,165,2520 809.30 (1) (a) "Postconviction relief" means, in a felony or misdemeanor case,
21an appeal or a motion for postconviction relief other than a motion under s. 973.19
22or 974.06. In a ch. 48, 51 or, 55 or 938 case, other than a termination of parental rights
23case under s. 48.43, it means an appeal or a motion for reconsideration by the trial
24court of its final judgment or order; in such cases a notice of intent to pursue such
25relief or a motion for such relief need not be styled as seeking "postconviction" relief.
AB130, s. 556
1Section 556. 809.30 (1) (b) of the statutes is amended to read:
AB130,166,52 809.30 (1) (b) "Sentencing" means, in a felony or misdemeanor case, the
3imposition of a sentence, fine or probation. In a ch. 48, 51 or, 55 or 938 case, other
4than a termination of parental rights case under s. 48.43, it means the entry of the
5trial court's final judgment or order.
AB130, s. 557 6Section 557. 809.30 (2) (d) of the statutes is amended to read:
AB130,166,147 809.30 (2) (d) Except as provided in this paragraph, whenever a defendant
8whose trial counsel is appointed by the state public defender files a notice under par.
9(b) requesting public defender representation for purposes of postconviction relief,
10the district attorney may, within 5 days after the notice is served and filed, file in the
11trial court and serve upon the state public defender a request that the defendant's
12indigency be redetermined before counsel is appointed or transcripts are ordered.
13This paragraph does not apply to a child who is entitled to be represented by counsel
14under s. 48.23 or 938.23.
AB130, s. 558 15Section 558. 809.30 (2) (fm) of the statutes is amended to read:
AB130,166,2116 809.30 (2) (fm) A child who has filed a notice of intent to pursue relief from a
17judgment or order entered in a ch. 48 or 938 proceeding shall be furnished at no cost
18a transcript of the proceedings or as much of it as is requested. To obtain the
19transcript at no cost, an affidavit must be filed stating that the person who is legally
20responsible for the child's care and support is financially unable or unwilling to
21purchase the transcript.
AB130, s. 559 22Section 559. 809.40 (1) of the statutes is amended to read:
AB130,167,223 809.40 (1) An appeal to the court of appeals from a judgment or order in a
24misdemeanor case or a ch. 48, 51 or, 55 or 938 case, or a motion for postconviction

1relief in a misdemeanor case must be initiated within the time periods specified in
2s. 808.04 and is governed by the procedures specified in ss. 809.30 to 809.32.
AB130, s. 560 3Section 560. 851.72 (7) of the statutes is amended to read:
AB130,167,64 851.72 (7) Except in counties having a population of 500,000 or more, perform
5the duties of clerk of the court assigned to exercise jurisdiction under ch. chs. 48 and
6938
unless these duties are performed by a person appointed under s. 48.04.
AB130, s. 561 7Section 561. 859.07 (2) of the statutes is amended to read:
AB130,167,188 859.07 (2) If the decedent was at the time of death or at any time prior thereto
9a patient or inmate of any state or county hospital or institution or any person
10responsible for any obligation owing to the state or county under s. 46.03 (18), 46.10
11or, 48.36 or 938.36 or if the decedent or the spouse of the decedent ever received
12medical assistance under ss. 49.45 to 49.47, the personal representative shall send
13notice in writing of the date set under s. 859.01 by registered or certified mail to the
14department of health and social services or the department of corrections, as
15applicable, and the county clerk of the applicable county not less than 30 days before
16the date set under s. 859.01, upon such blanks and containing such information as
17the applicable department or county clerk may provide. The applicable county is the
18county of residence, as defined in s. 49.01 (8g).
AB130, s. 562 19Section 562. 880.15 (1) of the statutes is amended to read:
AB130,168,820 880.15 (1) Appointment. If, after consideration of a petition for temporary
21guardianship, the court finds that the welfare of a minor, spendthrift or an alleged
22incompetent requires the immediate appointment of a guardian of the person or of
23the estate, or of both, it may appoint a temporary guardian for a period not to exceed
2460 days unless further extended for 60 days by order of the court. The court may
25extend the period only once. The authority of the temporary guardian shall be

1limited to the performance of duties respecting specific property, or to the
2performance of particular acts, as stated in the order of appointment. All provisions
3of the statutes concerning the powers and duties of guardians shall apply to
4temporary guardians except as limited by the order of appointment. The temporary
5guardian shall make the reports the court directs and shall account to the court upon
6termination of authority. The court assigned to exercise jurisdiction under ch. chs.
748 and 938 has exclusive jurisdiction over the appointment of a temporary guardian
8of a minor for medical purposes but shall proceed in accordance with this section.
AB130, s. 563 9Section 563. 885.37 (1) (a) 2. of the statutes is amended to read:
AB130,168,1010 885.37 (1) (a) 2. The person is a child or parent subject to ch. 48 or 938.
AB130, s. 564 11Section 564. 895.035 (2m) of the statutes is created to read:
AB130,168,2012 895.035 (2m) (a) If a child fails to pay restitution under ss. 938.245, 938.32,
13938.34 (5) or 938.343 (4), a court assigned to exercise jurisdiction under chs. 48 and
14938 may order that the amount of restitution unpaid by the child be entered and
15docketed as a judgment against the child and the parent with custody of the child.
16Before issuing the order the court shall give the child and parent notice of the intent
17to issue the order and an opportunity to be heard regarding the order. The court shall
18give the child and parent an opportunity to present evidence as to the amount of the
19restitution unpaid, the reason for the failure to pay the restitution and the ability of
20the child or parent to pay the restitution.
AB130,169,421 (b) If a child fails to pay a forfeiture ordered by a court assigned to exercise
22jurisdiction under chs. 48 and 938, that court may order that the amount of the
23forfeiture unpaid by the child be entered and docketed as a judgment against the
24child and the parent with custody of the child. Before issuing the order the court shall
25give the child and parent notice of the intent to issue the order and an opportunity

1to be heard regarding the order. The court shall give the child and parent an
2opportunity to present evidence as to the amount of the forfeiture unpaid, the reason
3for the failure to pay the forfeiture and the ability of the child or parent to pay the
4forfeiture.
AB130,169,205 (c) The court may order that the child perform community service work for a
6public agency or nonprofit charitable organization that is designated by the court in
7lieu of making restitution or paying the forfeiture. If the parent agrees to perform
8community service work in lieu of making restitution or paying the forfeiture, the
9court may order that the parent perform community service work for a public agency
10or a nonprofit charitable organization that is designated by the court. Community
11service work may be in lieu of restitution only if also agreed to by the public agency
12or nonprofit charitable organization and by the person to whom restitution is owed.
13The court may utilize any available resources, including any community service
14work program, in ordering the child or parent to perform community service work.
15The number of hours of community service work required may not exceed the number
16determined by dividing the amount owed on the restitution or forfeiture by the
17minimum wage established under ch. 104 for adults in nonagriculture, nontipped
18employment. The court shall ensure that the child or parent is provided with a
19written statement of the terms of the community service order and that the
20community service order is monitored.
AB130, s. 565 21Section 565. 895.035 (3) of the statutes is amended to read:
AB130,170,222 895.035 (3) An adjudication under s. 48.31 938.31 that the child violated a civil
23law or ordinance, is delinquent or is in need of protection and services under s. 48.13
24938.13 (12), based on proof that the child committed the act, subject to its
25admissibility under s. 904.10, shall, in an action under sub. (1), stop a child's parent

1or parents from denying that the child committed the act that resulted in the injury,
2damage or loss.
AB130, s. 566 3Section 566. 895.035 (4) of the statutes is amended to read:
AB130,170,124 895.035 (4) Except for recovery for retail theft under s. 943.51, the maximum
5recovery from any parent or parents may not exceed $2,500 the amount specified in
6s. 799.01 (1) (d)
for damages resulting from any one act of a child in addition to
7taxable costs and disbursements and reasonable attorney fees, as determined by the
8court. If 2 or more children in the custody of the same parent or parents commit the
9same act the total recovery may not exceed $2,500 the amount specified in s. 799.01
10(1) (d)
, in addition to taxable costs and disbursements. The maximum recovery from
11any parent or parents for retail theft by their minor child is established under s.
12943.51.
AB130, s. 567 13Section 567. 895.035 (6) of the statutes is amended to read:
AB130,170,1614 895.035 (6) Any recovery under this section shall be reduced by the amount
15recovered as restitution for the same act under s. 48.245, 48.32, 48.34 (5) or 48.343
16(4)
938.245, 938.32, 938.34 (5) or 938.343 (4).
AB130, s. 568 17Section 568. 901.05 (2) (intro.) of the statutes is amended to read:
AB130,171,218 901.05 (2) (intro.) Except as provided in sub. (3), the results of a test or tests
19for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to
20HIV and the fact that a person has been ordered or required to submit to such a test
21or tests under s. 48.296 938.296 (4) or 968.38 (4) are not admissible during the course
22of a civil or criminal action or proceeding or an administrative proceeding, as
23evidence of a person's character or a trait of his or her character for the purpose of
24proving that he or she acted in conformity with that character on a particular

1occasion unless the evidence is admissible under s. 904.04 (1) or 904.05 (2) and unless
2the following procedures are used:
AB130, s. 569 3Section 569. 901.05 (3) of the statutes is amended to read:
AB130,171,74 901.05 (3) The results of a test or tests under s. 48.296 938.296 (4) or 968.38
5(4) and the fact that a person has been ordered to submit to such a test or tests under
6s. 48.296 938.296 (4) or 968.38 (4) are not admissible during the course of a civil or
7criminal action or proceeding or an administrative proceeding.
AB130, s. 570 8Section 570. 904.13 (2) of the statutes is amended to read:
AB130,171,159 904.13 (2) In any action or proceeding under ch. 48 938 or chs. 967 to 979,
10evidence of the address of an alleged crime victim or any family member of an alleged
11crime victim or evidence of the name and address of any place of employment of an
12alleged crime victim or any family member of an alleged crime victim is relevant only
13if it meets the criteria under s. 904.01. District attorneys shall make appropriate
14objections if they believe that evidence of this information, which is being elicited by
15any party, is not relevant in the action or proceeding.
AB130, s. 571 16Section 571. 905.04 (4) (i) of the statutes is amended to read:
AB130,171,2317 905.04 (4) (i) Providing services to court in juvenile matters. There is no
18privilege regarding information obtained by an intake worker or dispositional staff
19in the provision of services under s. 48.067 or, 48.069, 938.067 or 938.069. An intake
20worker or dispositional staff member may disclose information obtained while
21providing services under s. 48.067 or 48.069 only as provided in s. 48.78 and may
22disclose information obtained while providing services under s. 938.067 or 938.069
23only as provided in s. 938.78
.
AB130, s. 572 24Section 572. 906.08 (2) of the statutes is amended to read:
AB130,172,7
1906.08 (2) Specific instances of conduct. Specific instances of the conduct of
2a witness, for the purpose of attacking or supporting the witness's credibility, other
3than a conviction of crimes a crime or an adjudication of delinquency as provided in
4s. 906.09, may not be proved by extrinsic evidence. They may, however, subject to s.
5972.11 (2), if probative of truthfulness or untruthfulness and not remote in time, be
6inquired into on cross-examination of the witness or on cross-examination of a
7witness who testifies to his or her character for truthfulness or untruthfulness.
AB130, s. 573 8Section 573. 906.09 (title) of the statutes is amended to read:
AB130,172,10 9906.09 (title) Impeachment by evidence of conviction of crime or
10adjudication of delinquency
.
AB130, s. 574 11Section 574. 906.09 (1) of the statutes is amended to read:
AB130,172,1512 906.09 (1) General rule. For the purpose of attacking the credibility of a
13witness, evidence that the witness has been convicted of a crime or adjudicated
14delinquent
is admissible. The party cross-examining the witness is not concluded
15by the witness's answer.
AB130, s. 575 16Section 575. 906.09 (2) of the statutes is amended to read:
AB130,172,1917 906.09 (2) Exclusion. Evidence of a conviction of a crime or an adjudication of
18delinquency
may be excluded if its probative value is substantially outweighed by
19the danger of unfair prejudice.
AB130, s. 576 20Section 576. 906.09 (3) of the statutes is amended to read:
AB130,172,2421 906.09 (3) (title) Admissibility of conviction or adjudication. No question
22inquiring with respect to a conviction of a crime or an adjudication of delinquency,
23nor introduction of evidence with respect thereto, shall be permitted until the judge
24determines pursuant to s. 901.04 whether the evidence should be excluded.
AB130, s. 577 25Section 577. 906.09 (4) of the statutes is repealed.
AB130, s. 578
1Section 578. 906.09 (5) of the statutes is amended to read:
AB130,173,42 906.09 (5) Pendency of appeal. The pendency of an appeal therefrom does not
3render evidence of a conviction or a delinquency adjudication inadmissible.
4Evidence of the pendency of an appeal is admissible.
AB130, s. 579 5Section 579. 908.08 (1) of the statutes is amended to read:
AB130,173,96 908.08 (1) In any criminal trial or hearing, juvenile fact-finding hearing under
7s. 48.31 or 938.31 or revocation hearing under s. 304.06 (3) or 973.10 (2), the court
8or hearing examiner may admit into evidence the videotaped oral statement of a
9child who is available to testify, as provided in this section.
AB130, s. 580 10Section 580. Chapter 938 of the statutes is created to read:
AB130,173,1211 Chapter 938
12 Juvenile justice code
AB130,173,1413 Subchapter I
14 General provisions
AB130,173,17 15938.01 Title, legislative intent and purposes. (1) This chapter may be
16cited as "The Juvenile Justice Code", and shall be liberally construed in accordance
17with the objectives expressed in this section.
AB130,173,22 18(2) It is the intent of the legislature to promote a juvenile justice system capable
19of dealing with the problem of juvenile delinquency, a system which will protect the
20community, impose accountability for violations of law and equip juvenile offenders
21with competencies to live responsibly and productively. To effectuate this intent, the
22legislature declares the following to be equally important purposes of this chapter:
AB130,173,2323 (a) To protect citizens from juvenile crime.
AB130,173,2424 (b) To hold each juvenile offender directly accountable for his or her acts.
AB130,174,4
1(c) To provide an individualized assessment of each alleged and adjudicated
2delinquent juvenile, in order to prevent further delinquent behavior through the
3development of competency in the juvenile offender, so that he or she is more capable
4of living productively and responsibly in the community.
AB130,174,75 (d) To provide due process through which each juvenile offender and all other
6interested parties are assured fair hearings, during which constitutional and other
7legal rights are recognized and enforced.
AB130,174,98 (e) To divert juveniles from the juvenile justice system through early
9intervention as warranted, when consistent with the protection of the public.
AB130,174,1210 (f) To respond to a juvenile offender's needs for care and treatment, consistent
11with the prevention of delinquency, each juvenile's best interest and protection of the
12public, by allowing the judge to utilize the most effective dispositional option.
AB130,174,1713 (g) To ensure that victims and witnesses of acts committed by juveniles that
14result in proceedings under this chapter are, consistent with the provisions of this
15chapter and the Wisconsin constitution, afforded the same rights as victims and
16witnesses of crimes committed by adults, and are treated with dignity, respect,
17courtesy and sensitivity throughout such proceedings.
AB130,174,18 18938.02 Definitions. In this chapter:
AB130,174,21 19(1) "Adult" means a person who is 17 years of age or older, except that "adult"
20does not include a person 17 years of age who comes within the jurisdiction of the
21court under s. 938.13 (4), (6), (6m) or (7).
AB130,174,22 22(1m) "Alcoholism" has the meaning given in s. 51.01 (1m).
AB130,175,2 23(1p) "Alcohol or other drug abuse impairment" means a condition of a person
24which is exhibited by characteristics of habitual lack of self-control in the use of
25alcohol beverages or controlled substances to the extent that the person's health is

1substantially affected or endangered or the person's social or economic functioning
2is substantially disrupted.
AB130,175,3 3(1s) "Approved treatment facility" has the meaning given in s. 51.01 (2).
AB130,175,6 4(2c) "Child caring institution" means a facility operated by a child welfare
5agency licensed under s. 48.60 for the care and maintenance of persons residing in
6that facility.
AB130,175,7 7(2d) "Controlled substance" has the meaning given in s. 161.01 (4).
AB130,175,9 8(2g) "County department" means a county department under s. 46.215, 46.22
9or 46.23, unless the context requires otherwise.
AB130,175,12 10(2m) "Court", when used without further qualification, means the court
11assigned to exercise jurisdiction under this chapter and ch. 48 or, when used with
12reference to a juvenile who is subject to s. 938.183 (2), a court of criminal jurisdiction.
AB130,175,14 13(3) "Court intake worker" means any person designated to provide intake
14services under s. 938.067.
AB130,175,18 15(3m) "Delinquent" means a juvenile who is 10 years of age or older who has
16violated any state or federal criminal law, except as provided in ss. 938.17, 938.18
17and 938.183, or who has committed a contempt of court, as defined in s. 785.01 (1),
18as specified in s. 938.355 (6g).
AB130,175,19 19(4) "Department" means the department of health and social services.
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