AB130: Bill Text Engrossed

AB130-engrossed,131,7 118.15 (5) (a) Except as provided under par. (b) or if a person has been found guilty of a misdemeanor under s. 948.45, whoever violates this section may be fined not more than $500 or imprisoned for not more than 30 days or both, after evidence has been provided by the school attendance officer that the activities under s. 118.16 (5) have been completed or were not completed due to the child's absence from school as provided in s. 118.16 (5m). In a prosecution under this paragraph, if the defendant proves that he or she is unable to comply with the law because of the disobedience of the child, the action shall be dismissed and the child shall be referred to the court assigned to exercise jurisdiction under ch. chs. 48 and 938.

AB130-engrossed, s. 435 Section 435. 118.15 (5) (am) of the statutes is created to read:

AB130-engrossed,131,10 118.15 (5) (am) The court may order any person who violates this section to participate in counseling at the person's own expense.

AB130-engrossed, s. 436 Section 436. 118.16 (2m) (a) (intro.) of the statutes is amended to read:

AB130-engrossed,131,15 118.16 (2m) (a) (intro.) A school district administrator may designate any of the following individuals to take a child who resides in the school district and who is absent from school without an acceptable excuse under s. 118.15 into custody under s. 48.19 938.19 (1m):

AB130-engrossed, s. 437 Section 437. 118.16 (2m) (d) of the statutes is amended to read:

AB130-engrossed,131,23 118.16 (2m) (d) A school district administrator who makes a designation under par. (a) shall provide each individual so designated with an identification card of a form determined by the school board. The designee shall carry the identification card on his or her person at all times while the designee is on official duty under s. 48.19 938.19 (1m) and shall exhibit the identification card to any person to whom the designee represents himself or herself as a person authorized to take a child into custody under s. 48.19 938.19 (1m).

AB130-engrossed, s. 438 Section 438. 118.16 (2m) (e) of the statutes is amended to read:

AB130-engrossed,132,8 118.16 (2m) (e) A school district administrator who makes a designation under par. (a) or the individual designated under par. (a) shall immediately attempt to notify, by personal contact or telephone call, the child's parent, guardian and legal custodian that the designation has been made and that the child may be taken into custody under s. 48.19 938.19 (1m). The school district administrator, or the designee, is not required to notify a parent, guardian or legal custodian under this paragraph if the parent, guardian or legal custodian is the person who requested that the child be taken into custody under s. 48.19 938.19 (1m).

AB130-engrossed, s. 439 Section 439. 118.16 (4) (e) of the statutes is amended to read:

AB130-engrossed,132,13 118.16 (4) (e) A school board may establish one or more youth service centers for the counseling of children who are taken into custody under s. 48.19 938.19 (1) (d) 9. or 10. for being absent from school without an acceptable excuse under s. 118.15.

AB130-engrossed, s. 440 Section 440. 118.16 (5) (intro.) of the statutes is amended to read:

AB130-engrossed,132,22 118.16 (5) (intro.) Prior to Except as provided in sub. (5m), before any proceeding being may be brought against a child under s. 48.13 (6) 938.13 (6) for habitual truancy or under s. 938.125 (2) or 938.17 (2) for a violation of an ordinance enacted under s. 118.163 (2) or against the child's parent or guardian under s. 118.15 for failure to cause the child to attend school regularly, the school attendance officer shall provide evidence that appropriate school personnel in the school or school district in which the child is enrolled have, within the school year during which the truancy occurred, done all of the following:

AB130-engrossed, s. 441 Section 441. 118.16 (5) (a) of the statutes is amended to read:

AB130-engrossed,133,3 118.16 (5) (a) Met with the child's parent or guardian to discuss the child's truancy or have attempted to meet with the child's parent or guardian and been received no response or were refused.

AB130-engrossed, s. 442 Section 442. 118.16 (5) (c) of the statutes is amended to read:

AB130-engrossed,133,9 118.16 (5) (c) Evaluated the child to determine whether learning problems may be a cause of the child's truancy and, if so, have taken steps to overcome the learning problems, except that the child need not be evaluated if tests administered to the child within the previous year indicate that the child is performing at his or her grade level.

AB130-engrossed, s. 443 Section 443. 118.16 (5m) of the statutes is created to read:

AB130-engrossed,133,13 118.16 (5m) Subsection (5) (b), (c) and (d) does not apply if the school attendance officer provides evidence that appropriate school personnel were unable to carry out the activity due to the child's absences from school.

AB130-engrossed, s. 444 Section 444. 118.16 (6) of the statutes is amended to read:

AB130-engrossed,133,21 118.16 (6) Following receipt of evidence that activities under sub. (5) have been completed or were not completed due to the child's absence from school as provided in sub. (5m), the school attendance officer may file information on any child who continues to be truant with the court assigned to exercise jurisdiction under ch. chs. 48 and 938 in accordance with s. 48.24 938.24. Filing information on a child under this subsection does not preclude concurrent prosecution of the child's parent or guardian under s. 118.15 (5).

AB130-engrossed, s. 445 Section 445. 118.162 (4) (e) of the statutes is amended to read:

AB130-engrossed,134,2 118.162 (4) (e) The types of truancy cases to be referred to the district attorney for the filing of information under s. 48.24 938.24 or prosecution under s. 118.15 (5) and the time periods within which the district attorney will respond to and take action on the referrals.

AB130-engrossed, s. 446 Section 446. 118.163 (2) (b) of the statutes is amended to read:

AB130-engrossed,134,6 118.163 (2) (b) An order for the child to participate in counseling, community service or a supervised work program as provided or other community service work under s. 48.34 (9) 938.34 (5g).

AB130-engrossed, s. 447 Section 447. 118.163 (2) (d) of the statutes is amended to read:

AB130-engrossed,134,9 118.163 (2) (d) An order for the child to attend an educational program under s. 48.34 (12) 938.34 (7d).

AB130-engrossed, s. 448 Section 448. 118.163 (2) (e) of the statutes is created to read:

AB130-engrossed,134,13 118.163 (2) (e) An order for the department of industry, labor and human relations to revoke or refuse to issue, under s. 103.72, a permit under s. 103.70 authorizing the employment of the child.

AB130-engrossed, s. 450 Section 450. 120.12 (18) of the statutes is amended to read:

AB130-engrossed,135,2 120.12 (18) Continuity of educational programming. Coordinate and provide for continuity of educational programming for pupils receiving educational services as the result of a court order under s. 48.34 (12) 938.34 (7d), including but not limited to providing a written report to the court assigned to exercise jurisdiction under ch. chs. 48 and 938 and the agency which is required to submit an educational plan for a child under s. 48.33 938.33 (1) (e). The written report shall describe the child's educational status and make recommendations regarding educational programming for the child. The written report shall be in writing, except that if the educational plan under s. 938.33 (1) (e) is presented orally at the dispositional hearing the report may be presented orally to the court assigned to exercise jurisdiction under chs. 48 and 938 and the agency at the dispositional hearing. If written, the report shall be provided to the court assigned to exercise jurisdiction under ch. chs. 48 and 938 and the agency at least 3 days before the date of the child's dispositional hearing.

AB130-engrossed, s. 452 Section 452. 121.78 (4) of the statutes is amended to read:

AB130-engrossed,135,14 121.78 (4) Court-ordered educational services. If a pupil is receiving educational services as the result of a court order under s. 48.34 48.345 (12) or 938.34 (7d), the school board of the school district in which the pupil resided at the time of issuance of the court order shall pay tuition for the pupil. A school board paying tuition for a pupil under this subsection shall count the pupil as 1.0 pupil in membership for general aid under subch. II. The school board shall pay each agency specified under s. 48.34 48.345 (12) (a) 2. to 4. or 938.34 (7d) (a) 2. to 4., for each full-time equivalent pupil served by the agency, an amount equal to at least 80% of the average per pupil cost for the school district. No state aid may be paid to the technical college district for pupils attending the technical college under s. 48.34 48.345 (12) (a) 4. or 938.34 (7d) (a) 4.

AB130-engrossed, s. 453 Section 453. 125.07 (4) (bs) 1. of the statutes is amended to read:

AB130-engrossed,135,19 125.07 (4) (bs) 1. For a first violation, a forfeiture of not less than $250 nor more than $500, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 1., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB130-engrossed, s. 454 Section 454. 125.07 (4) (bs) 2. of the statutes is amended to read:

AB130-engrossed,135,25 125.07 (4) (bs) 2. For a violation committed within 12 months of a previous violation, either a forfeiture of not less than $300 nor more than $500, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 2., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB130-engrossed, s. 455 Section 455. 125.07 (4) (bs) 3. of the statutes is amended to read:

AB130-engrossed,136,6 125.07 (4) (bs) 3. For a violation committed within 12 months of 2 previous violations, either a forfeiture of not less than $500 nor more than $750, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB130-engrossed, s. 456 Section 456. 125.07 (4) (bs) 4. of the statutes is amended to read:

AB130-engrossed,136,12 125.07 (4) (bs) 4. For a violation committed within 12 months of 3 or more previous violations, either a forfeiture of not less than $750 nor more than $1,000, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB130-engrossed, s. 457 Section 457. 125.07 (4) (c) 1. of the statutes is amended to read:

AB130-engrossed,136,17 125.07 (4) (c) 1. For a first violation, a forfeiture of not less than $100 nor more than $200, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 1., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB130-engrossed, s. 458 Section 458. 125.07 (4) (c) 2. of the statutes is amended to read:

AB130-engrossed,136,23 125.07 (4) (c) 2. For a violation committed within 12 months of a previous violation, either a forfeiture of not less than $200 nor more than $300, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 2., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB130-engrossed, s. 459 Section 459. 125.07 (4) (c) 3. of the statutes is amended to read:

AB130-engrossed,137,5 125.07 (4) (c) 3. For a violation committed within 12 months of 2 previous violations, either a forfeiture of not less than $300 nor more than $500, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB130-engrossed, s. 460 Section 460. 125.07 (4) (c) 4. of the statutes is amended to read:

AB130-engrossed,137,11 125.07 (4) (c) 4. For a violation committed within 12 months of 3 or more previous violations, either a forfeiture of not less than $500 nor more than $1,000, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB130-engrossed, s. 461 Section 461. 125.07 (4) (cg) of the statutes is amended to read:

AB130-engrossed,138,2 125.07 (4) (cg) 1. If the court orders a person to participate in a A supervised work program ordered under par. (bs) or (c), the shall be administered by the county department under s. 46.215 or 46.22 or by a community agency approved by the court. The court shall set standards for the supervised work program within the budgetary limits established by the county board of supervisors. The supervised work program may provide the person with reasonable compensation reflecting the market value of the work performed, or it may consist of uncompensated community service work, and shall be administered by a the county department under s. 46.215 or 46.22 or a community agency approved by the court. Community service work ordered under par. (bs) or (c), other than community service work performed under a supervised work program, shall be administered by a public agency or nonprofit charitable organization approved by the court. The court may use any available resources, including any community service work program, in ordering the child to perform community service work under par. (bs) or (c).

AB130-engrossed,138,10 2. The supervised work program or other community service work shall be of a constructive nature designed to promote the person's rehabilitation, shall be appropriate to the person's age level and physical ability and shall be combined with counseling from an agency staff a member of the staff of the county department, community agency, public agency or nonprofit charitable organization or other qualified person. The supervised work program or other community service work may not conflict with the person's regular attendance at school. The amount of work required shall be reasonably related to the seriousness of the person's offense.

AB130-engrossed, s. 462 Section 462. 125.07 (4) (d) of the statutes is amended to read:

AB130-engrossed,138,15 125.07 (4) (d) A person who is under 18 years of age on the date of disposition is subject to s. 48.344 938.344 unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under s. 48.344 938.344 (3).

AB130-engrossed, s. 463 Section 463. 125.07 (4) (e) 2. a. of the statutes is amended to read:

AB130-engrossed,138,21 125.07 (4) (e) 2. a. Submit to an alcohol abuse assessment that conforms to the criteria specified under s. 48.547 938.547 (4) and that is conducted by an approved treatment facility. The order shall designate an approved treatment facility to conduct the alcohol abuse assessment and shall specify the date by which the assessment must be completed.

AB130-engrossed, s. 464 Section 464. 125.085 (3) (bd) of the statutes is amended to read:

AB130-engrossed,139,2 125.085 (3) (bd) Any underage person who violates par. (b) is subject to a forfeiture of not less than $100 nor more than $500, suspension of the person's operating privilege under s. 343.30 (6) (bm), participation in a supervised work program or other community service work under par. (bh) or any combination of these penalties.

AB130-engrossed, s. 465 Section 465. 125.085 (3) (bh) of the statutes is amended to read:

AB130-engrossed,139,17 125.085 (3) (bh) 1. If the court orders a person to participate in a A supervised work program ordered under par. (bd), the shall be administered by the county department under s. 46.215 or 46.22 or by a community agency approved by the court. The court shall set standards for the supervised work program within the budgetary limits established by the county board of supervisors. The supervised work program may provide the person with reasonable compensation reflecting the market value of the work performed, or it may consist of uncompensated community service work, and shall be administered by the county department under s. 46.215 or 46.22 or a community agency approved by the court. Community service work ordered under par. (bd), other than community service work performed under a supervised work program, shall be administered by a public agency or nonprofit charitable organization approved by the court. The court may use any available resources, including any community service work program, in ordering the child to perform community service work under par. (bd).

AB130-engrossed,139,25 2. The supervised work program or other community service work shall be of a constructive nature designed to promote the person's rehabilitation, shall be appropriate to the person's age level and physical ability and shall be combined with counseling from an agency staff a member of the staff of the county department, community agency, public agency or nonprofit charitable organization or other qualified person. The supervised work program or other community service work may not conflict with the person's regular attendance at school. The amount of work required shall be reasonably related to the seriousness of the person's offense.

AB130-engrossed, s. 466 Section 466. 125.085 (3) (bt) of the statutes is amended to read:

AB130-engrossed,140,5 125.085 (3) (bt) A person who is under 18 years of age on the date of disposition is subject to s. 48.344 938.344 unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under s. 48.344 938.344 (3).

AB130-engrossed, s. 467 Section 467. 125.09 (2) (d) of the statutes is amended to read:

AB130-engrossed,140,9 125.09 (2) (d) A person who violates this subsection is subject to a forfeiture of not more than $200, except that ss. 48.344 and 125.07 (4) (c) and (d) and 938.344 provide the penalties applicable to underage persons.

AB130-engrossed, s. 468 Section 468. 146.34 (1) (e) of the statutes is amended to read:

AB130-engrossed,140,14 146.34 (1) (e) "Legal custodian" means a person other than a parent or guardian or an agency to whom the legal custody of a minor has been transferred by a court under ch. 48 or 938, but does not include a person who has only physical custody of a minor.

AB130-engrossed, s. 469 Section 469. 146.34 (5) (a) (intro.) of the statutes is amended to read:

AB130-engrossed,140,19 146.34 (5) (a) (intro.) A relative of the prospective donor or the district attorney or corporation counsel of the county of residence of the prospective donor may file a petition with the court assigned to exercise jurisdiction under ch. chs. 48 and 938 for an order to prohibit either of the following:

AB130-engrossed, s. 470 Section 470. 146.81 (4) of the statutes is amended to read:

AB130-engrossed,141,2 146.81 (4) "Patient health care records" means all records related to the health of a patient prepared by or under the supervision of a health care provider, including the records required under s. 146.82 (2) (d) and (3) (c), but not those records subject to s. 51.30, reports collected under s. 69.186, records of tests administered under s. 48.296 (4), 252.15 (2) (a) 7., 343.305, 938.296 (4) or 968.38 (4), fetal monitor tracings, as defined under s. 146.817 (1), or a pupil's physical health records maintained by a school under s. 118.125.

AB130-engrossed, s. 471 Section 471. 146.81 (5) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB130-engrossed,141,18 146.81 (5) "Person authorized by the patient" means the parent, guardian or legal custodian of a minor patient, as defined in s. 48.02 (8) and (11), the person vested with supervision of the child under s. 48.34 938.183 or 938.34 (4m) or (4n), the guardian of a patient adjudged incompetent, as defined in s. 880.01 (3) and (4), the personal representative or spouse of a deceased patient, any person authorized in writing by the patient or a health care agent designated by the patient as a principal under ch. 155 if the patient has been found to be incapacitated under s. 155.05 (2), except as limited by the power of attorney for health care instrument. If no spouse survives a deceased patient, "person authorized by the patient" also means an adult member of the deceased patient's immediate family, as defined in s. 632.895 (1) (d). A court may appoint a temporary guardian for a patient believed incompetent to consent to the release of records under this section as the person authorized by the patient to decide upon the release of records, if no guardian has been appointed for the patient.

AB130-engrossed, s. 472 Section 472. 157.065 (2) (a) 4. c. of the statutes is amended to read:

AB130-engrossed,141,21 157.065 (2) (a) 4. c. A Type 1 secured correctional facility, as defined in s. 48.02 (15m) 938.02 (19).

AB130-engrossed, s. 473 Section 473. 161.455 (1) of the statutes is amended to read:

AB130-engrossed,142,2 161.455 (1) Any person who has attained the age of 18 17 years who knowingly solicits, hires, directs, employs or uses a person who has not attained the age of 18 years is 17 years of age or under for the purpose of violating s. 161.41 (1) may be fined not more than $50,000 or imprisoned for not more than 10 years or both.

AB130-engrossed, s. 474 Section 474. 161.46 (1) of the statutes is amended to read:

AB130-engrossed,142,9 161.46 (1) Except as provided in sub. (3), any person 18 17 years of age or over who violates s. 161.41 (1) by distributing a controlled substance listed in schedule I or II which is a narcotic drug to a person under 18 17 years of age or under who is at least 3 years his or her junior is punishable by the fine authorized by s. 161.41 (1) (a) or a term of imprisonment of up to twice that authorized by s. 161.41 (1) (a), or both.

AB130-engrossed, s. 475 Section 475. 161.46 (2) of the statutes is amended to read:

AB130-engrossed,142,16 161.46 (2) Except as provided in sub. (3), any person 18 17 years of age or over who violates s. 161.41 (1) by distributing any other controlled substance listed in schedule I, II, III, IV or V to a person under 18 17 years of age or under who is at least 3 years his or her junior is punishable by the fine authorized by s. 161.41 (1) (b), (i) or (j) or a term of imprisonment of up to twice that authorized by s. 161.41 (1) (b), (i) or (j) or both.

AB130-engrossed, s. 476 Section 476. 161.46 (3) of the statutes is amended to read:

AB130-engrossed,142,24 161.46 (3) If any person 18 17 years of age or over violates s. 161.41 (1) (cm), (d), (e), (f), (g) or (h) by distributing a controlled substance included under s. 161.14 (7) (L) or 161.16 (2) (b), heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine or any form of tetrahydrocannabinols to a person under 18 17 years of age or under who is at least 3 years his or her junior, any applicable minimum and maximum fines and minimum and maximum periods of imprisonment under s. 161.41 (1) (cm), (d), (e), (f), (g) or (h) are doubled.

AB130-engrossed, s. 477m Section 477m. 161.573 (2) of the statutes is amended to read:

AB130-engrossed,143,2 161.573 (2) Any person who violates this section who is under 18 17 years of age is subject to a disposition under s. 48.344 (2e).

AB130-engrossed, s. 477p Section 477p. 161.573 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-engrossed,143,6 161.573 (2) Any person who violates this section who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

AB130-engrossed, s. 478m Section 478m. 161.574 (2) of the statutes is amended to read:

AB130-engrossed,143,9 161.574 (2) Any person who violates this section who is under 18 17 years of age is subject to a disposition under s. 48.344 (2e).