AB100: Bill Text Engrossed

AB100-engrossed,2239,24 938.36 (1) (a) If legal custody is transferred from the parent or guardian or the court otherwise designates an alternative placement for the juvenile by a disposition made under s. 938.183 (2), 938.34 or 938.345 or by a change in placement under s. 938.357, the duty of the parent or guardian to provide support shall continue even though the legal custodian or the placement designee may provide the support. A copy of the order transferring custody or designating alternative placement for the juvenile shall be submitted to the agency or person receiving custody or placement and the agency or person may apply to the court for an order to compel the parent or guardian to provide the support. Support payments for residential services, when purchased or otherwise funded or provided by the department, or a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437, shall be determined under s. 46.10 (14).

AB100-engrossed, s. 5272m Section 5272m. 938.36 (1) (b) of the statutes is amended to read:

AB100-engrossed,2240,10 938.36 (1) (b) In determining the amount of support under par. (a), the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported under s. 49.22 (2m) to the department of health and family services workforce development, or the county child and spousal support agency, under s. 46.25 (2m) 59.53 (5). If the court has insufficient information with which to determine the amount of support, the court shall order the juvenile's parent to furnish a statement of income, assets, debts and living expenses, if the parent has not already done so, to the court within 10 days after the court's order transferring custody or designating an alternative placement is entered or at such other time as ordered by the court.

AB100-engrossed, s. 5275 Section 5275. 938.365 (2g) (a) of the statutes is amended to read:

AB100-engrossed,2240,17 938.365 (2g) (a) At the hearing the person or agency primarily responsible for providing services to the juvenile shall file with the court a written report stating to what extent the dispositional order has been meeting the objectives of the plan for the juvenile's rehabilitation or care and treatment. The office of juvenile offender review program may file a written report regarding any juvenile examined by the program.

AB100-engrossed, s. 5275g Section 5275g. 938.396 (1m) (a) of the statutes is amended to read:

AB100-engrossed,2241,2 938.396 (1m) (a) If requested by the school district administrator of a public school district, a A law enforcement agency, on its own initiative or on the request of the school district administrator of a public school district or the school district administrator's designee, may, subject to official agency policy, provide to the school district administrator or designee any information in its records relating to the use, possession or distribution of alcohol or a controlled substance or controlled substance analog by a pupil juvenile enrolled in the public school district. The information shall be used by the school district as provided under s. 118.127 (2).

AB100-engrossed, s. 5275h Section 5275h. 938.396 (1m) (am) of the statutes is amended to read:

AB100-engrossed,2241,10 938.396 (1m) (am) If requested by a school district administrator of a public school district, a A law enforcement agency, on its own initiative or on the request of the school district administrator of a public school district or the school district administrator's designee, may, subject to official agency policy, provide to the school district administrator or designee any information in its records relating to the illegal possession by a juvenile of a dangerous weapon, as defined in s. 939.22 (10). The information shall be used by the school district as provided in s. 118.127 (2).

AB100-engrossed, s. 5275k Section 5275k. 938.396 (1m) (ar) of the statutes is created to read:

AB100-engrossed,2241,19 938.396 (1m) (ar) A law enforcement agency, on its own initiative or on the request of the school district administrator of a public school district or the school district administrator's designee, may, subject to official agency policy, provide to the school district administrator or designee any information in its records relating to an act for which a juvenile enrolled in the school district was taken into custody under s. 938.19 based on a law enforcement officer's belief that the juvenile was committing or had committed an act that is a violation specified in s. 938.34 (4h) (a). The information shall be used by the school district as provided in s. 118.127 (2).

AB100-engrossed, s. 5275m Section 5275m. 938.396 (1m) (b) of the statutes is amended to read:

AB100-engrossed,2242,3 938.396 (1m) (b) If requested by the school district administrator of a public school district, a A law enforcement agency, on its own initiative or on the request of the school district administrator of a public school district or the school district administrator's designee, may disclose, subject to official agency policy, provide to the school district administrator or designee any information in its records relating to the act for which a juvenile enrolled in the public school district was adjudged delinquent. The information shall be used by the school district as provided in s. 118.127 (3) (2).

AB100-engrossed, s. 5277 Section 5277. 938.48 (4) of the statutes is amended to read:

AB100-engrossed,2242,17 938.48 (4) Provide appropriate care and training for juveniles under its supervision under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4); including serving those juveniles in their own homes, placing them in licensed foster homes or licensed treatment foster homes in accordance with s. 48.63 or licensed group homes, contracting for their care by licensed child welfare agencies or replacing them in juvenile correctional institutions or secured child caring institutions in accordance with rules promulgated under ch. 227, except that the department may not purchase the educational component of private day treatment programs for juveniles in its custody unless the department, the school board as defined in s. 115.001 (7) and the secretary of education state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the department and the school district shall be resolved by the secretary of education state superintendent of public instruction.

AB100-engrossed, s. 5278 Section 5278. 938.48 (14) of the statutes is amended to read:

AB100-engrossed,2242,25 938.48 (14) Pay maintenance, tuition and related expenses from the appropriation under s. 20.410 (3) (am) and (ho) for persons who when they reached 17 years of age were students regularly attending a school, college or university or regularly attending a course of vocational or technical training designed to fit them for gainful employment, and who when reaching that age were under the supervision of the department under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4) as a result of a judicial decision.

AB100-engrossed, s. 5279 Section 5279. 938.53 of the statutes is amended to read:

AB100-engrossed,2243,8 938.53 Duration of control of department over delinquents. Except as provided under ss. 48.366 and 938.183, all juveniles adjudged delinquent who have been placed under the supervision of the department under s. 938.183, 938.34 (4h), (4m), (4h) or (4n) or 938.357 (4) shall be discharged as soon as the department determines that there is a reasonable probability that it is no longer necessary either for the rehabilitation and treatment of the juvenile or for the protection of the public that the department retain supervision.

AB100-engrossed, s. 5280m Section 5280m. 938.533 (2) of the statutes is amended to read:

AB100-engrossed,2244,11 938.533 (2) Corrective sanctions program. From the appropriation under s. 20.410 (3) (hr), the department shall provide a corrective sanctions program to serve an average daily population of 105 106 juveniles in fiscal year 1997-98 and 136 juveniles in fiscal year 1998-99, or an average daily population of more than 105 106 juveniles in fiscal year 1997-98 and 136 juveniles in fiscal year 1998-99 if the appropriation under s. 20.410 (3) (hr) is supplemented under s. 13.101 or 16.515 and the positions for the program are increased under s. 13.101 or 16.505 (2) or if funding and positions to serve more than those average daily populations are otherwise available, in not less than 3 counties, including Milwaukee County. The office of juvenile offender review program in the department shall evaluate and select for participation in the program juveniles who have been placed under the supervision of the department under s. 938.183, 938.34 (4h) or (4m) or 938.357 (4). The department shall place a program participant in the community, provide intensive surveillance of that participant and provide an average of $5,000 per year per slot to purchase community-based treatment services for each participant. The department shall make the intensive surveillance required under this subsection available 24 hours a day, 7 days a week, and may purchase or provide electronic monitoring for the intensive surveillance of program participants. The department shall provide a report center in Milwaukee County to provide on-site programming after school and in the evening for juveniles from Milwaukee County who are placed in the corrective sanctions program. A contact worker providing services under the program shall have a case load of approximately 10 juveniles and, during the initial phase of placement in the community under the program of a juvenile who is assigned to that contact worker, shall have not less than one face-to-face contact per day with that juvenile. Case management services under the program shall be provided by a corrective sanctions agent who shall have a case load of approximately 15 juveniles. The department shall promulgate rules to implement the program.

AB100-engrossed, s. 5281 Section 5281. 938.538 (3) (a) 1. of the statutes is amended to read:

AB100-engrossed,2244,16 938.538 (3) (a) 1. Subject to subd. 1m., placement in a Type 1 secured correctional facility, a secured child caring institution or, if the participant is 17 years of age or over or 15 years of age or over and transferred under s. 938.357 (4) (d), a Type 1 prison, as defined in s. 301.01 (5), for a period of not more than 3 years.

AB100-engrossed, s. 5282 Section 5282. 938.538 (3) (a) 1m. of the statutes is amended to read:

AB100-engrossed,2244,24 938.538 (3) (a) 1m. If the participant has been adjudicated delinquent for committing an act that would be a Class A felony if committed by an adult, placement in a Type 1 secured correctional facility, a secured child caring institution or, if the participant is 17 years of age or over or 15 years of age or over and transferred under s. 938.357 (4) (d), a Type 1 prison, as defined in s. 301.01 (5), until the participant reaches 25 years of age, unless the participant is released sooner, subject to a mandatory minimum period of confinement of not less than one year.

AB100-engrossed, s. 5283 Section 5283. 938.538 (5) (a) of the statutes is amended to read:

AB100-engrossed,2245,5 938.538 (5) (a) The office of juvenile offender review program in the division of juvenile corrections in the department may release a participant to aftercare supervision under s. 301.03 (10) (d) at any time after the participant has completed 2 years of participation in the serious juvenile offender program. Aftercare supervision of the participant shall be provided by the department.

AB100-engrossed, s. 5284 Section 5284. 938.538 (5) (c) of the statutes is amended to read:

AB100-engrossed,2245,10 938.538 (5) (c) Sections 938.357 and 938.363 do not apply to changes of placement and revisions of orders for a juvenile who is a participant in the serious juvenile offender program, except that s. 938.357 (4) (d) applies to the transfer of a participant to the Racine youthful offender correctional facility named in s. 302.01.

AB100-engrossed, s. 5285 Section 5285. 938.57 (1) (c) of the statutes is amended to read:

AB100-engrossed,2245,24 938.57 (1) (c) Provide appropriate protection and services for juveniles in its care, including providing services for juveniles and their families in their own homes, placing the juveniles in licensed foster homes, licensed treatment foster homes or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody or contracting for services for them by licensed child welfare agencies or replacing them in juvenile correctional institutions or secured child caring institutions in accordance with rules promulgated under ch. 227, except that the county department may not purchase the educational component of private day treatment programs unless the county department, the school board as defined in s. 115.001 (7) and the secretary of education state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the secretary of education state superintendent of public instruction.

AB100-engrossed, s. 5286 Section 5286. 938.57 (4) of the statutes is amended to read:

AB100-engrossed,2246,11 938.57 (4) A county department may provide aftercare supervision under s. 48.34 938.34 (4n) for juveniles who are released from secured correctional facilities or secured child caring institutions operated by the department. If a county department intends to change its policy regarding whether the county department or the department shall provide aftercare supervision for juveniles released from secured correctional facilities or secured child caring institutions operated by the department, the county executive or county administrator, or, if the county has no county executive or county administrator, the chairperson of the county board of supervisors, or, for multicounty departments, the chairpersons of the county boards of supervisors jointly, shall submit a letter to the department stating that intent before July 1 of the year preceding the year in which the policy change will take effect.

AB100-engrossed, s. 5318m Section 5318m. 943.13 (4m) (b) of the statutes is amended to read:

AB100-engrossed,2246,14 943.13 (4m) (b) A hunter entering land that is required to be open for hunting under s. 29.59 (4m) or 29.598 (7m) (5).

AB100-engrossed, s. 5327 Section 5327. 943.38 (1) (intro.) of the statutes is amended to read:

AB100-engrossed,2246,20 943.38 (1) (intro.) Whoever with intent to defraud falsely makes or alters a writing or object of any of the following kinds so that it purports to have been made by another, or at another time, or with different provisions, or by authority of one who did not give such authority, is guilty of a Class C felony may be penalized as provided in sub. (1m):

AB100-engrossed, s. 5328 Section 5328. 943.38 (1) (a) of the statutes is amended to read:

AB100-engrossed,2246,24 943.38 (1) (a) A writing or object whereby legal rights or obligations are created, terminated or transferred, or any writing commonly relied upon in business or commercial transactions as evidence of debt or property rights; or.

AB100-engrossed, s. 5329 Section 5329. 943.38 (1) (b) of the statutes is amended to read:

AB100-engrossed,2247,2 943.38 (1) (b) A public record or a certified or authenticated copy thereof; or of a public record.

AB100-engrossed, s. 5330 Section 5330. 943.38 (1) (c) of the statutes is amended to read:

AB100-engrossed,2247,5 943.38 (1) (c) An official authentication or certification of a copy of a public record; or.

AB100-engrossed, s. 5331 Section 5331. 943.38 (1m) of the statutes is created to read:

AB100-engrossed,2247,7 943.38 (1m) Whoever violates sub. (1):

AB100-engrossed,2247,9 (a) Is guilty of a Class A misdemeanor if the value or purported value, whichever is greater, of the writing or object does not exceed $1,000.

AB100-engrossed,2247,11 (b) Is guilty of a Class C felony if the value or purported value, whichever is greater, of the writing or object exceeds $1,000.

AB100-engrossed, s. 5332 Section 5332. 943.38 (2) of the statutes is amended to read:

AB100-engrossed,2247,18 943.38 (2) Whoever utters as genuine or possesses with intent to utter as false or as genuine any forged writing or object mentioned in sub. (1), knowing it to have been thus falsely made or altered, is guilty of a Class C felony if the value or purported value, whichever is greater, of the writing or object exceeds $1,000 and a Class A misdemeanor if the value or purported value of the writing or object does not exceed $1,000.

AB100-engrossed, s. 5336m Section 5336m. 943.60 (1) of the statutes is amended to read:

AB100-engrossed,2247,25 943.60 (1) Any person who submits for filing, entering or recording any lien, claim of lien, lis pendens, writ of attachment, financing statement or any other instrument relating to a security interest in or title in to real or personal property, knowing and who knows or should have known that the contents or any part of the contents to be of the instrument are false, a sham or frivolous, is guilty of a Class E D felony.

AB100-engrossed, s. 5339j Section 5339j. 943.75 (3) of the statutes is amended to read:

AB100-engrossed,2248,9 943.75 (3) Subsection (2) does not apply to any humane officer, local health officer, peace officer, employe of the department of natural resources while on any land licensed under s. 29.52, 29.573, 29.574, 29.575 or 29.578 or designated as a wildlife refuge under s. 29.57 (1) or employe of the department of agriculture, trade and consumer protection if the officer's or employe's acts are in good faith and in an apparently authorized and reasonable fulfillment of his or her duties. This subsection does not limit any other person from claiming the defense of privilege under s. 939.45 (3).

AB100-engrossed, s. 5340 Section 5340. 944.21 (8) (b) 3. a. of the statutes is amended to read:

AB100-engrossed,2248,13 944.21 (8) (b) 3. a. Is a technical college, is a school approved by the department of education educational approval board under s. 38.51 39.51 or is a school described in s. 38.51 39.51 (9) (f), (g) or (h); and

AB100-engrossed, s. 5341 Section 5341. 945.01 (5) (am) of the statutes is amended to read:

AB100-engrossed,2248,17 945.01 (5) (am) "Lottery" does not include bingo or a raffle conducted under ch. 563, pari-mutuel wagering conducted under ch. 562 or the state lottery or any multistate multijurisdictional lottery conducted under ch. 565.

AB100-engrossed, s. 5342 Section 5342. 945.095 (1) (d), (f), (g) and (h) of the statutes are amended to read:

AB100-engrossed,2248,25 945.095 (1) (d) The person provides the gaming board department of administration, prior to the importation of the gambling devices into the state, all records that account for the gambling devices, including the identification number affixed to each gambling device by the manufacturer, and that identify the location where the gambling devices will be stored prior to the installation of the gambling devices on the vessel.

AB100-engrossed,2249,5 (f) If the person removes used gambling devices from a vessel, the person shall provide the gaming board department of administration with an inventory of the used gambling devices prior to their removal from the vessel. The inventory shall include the identification number affixed to each gambling device by the manufacturer.

AB100-engrossed,2249,9 (g) The person submits documentation to the gaming board department of administration, no later than 30 days after the date of delivery, that the vessel equipped with gambling devices has been delivered to the customer who ordered the work performed on the vessel.

AB100-engrossed,2249,15 (h) The person does not sell a gambling device to any other person except to a customer who shall use or possess the gambling device outside of this state in a locality where the use or possession of the gambling device is lawful. If a person sells a gambling device to such a customer, the person shall submit documentation to the gaming board department of administration, no later than 30 days after the date of delivery, that the gambling device has been delivered to the customer.

AB100-engrossed, s. 5343j Section 5343j. 946.68 (1) of the statutes is renumbered 946.68 (1r) (a) and amended to read:

AB100-engrossed,2249,20 946.68 (1r) (a) Whoever Except as provided in pars. (b) and (c), whoever sends or delivers to another any document which simulates a summons, complaint, or court legal process is guilty of a Class E felony.

AB100-engrossed,2249,22 (b) If the document under par. (a) is sent or delivered with intent thereby to induce payment of a claim, the person is guilty of a Class B misdemeanor D felony.

AB100-engrossed, s. 5343k Section 5343k. 946.68 (1g) of the statutes is created to read:

AB100-engrossed,2250,2 946.68 (1g) In this section, "legal process" includes a subpoena, summons, complaint, warrant, injunction, writ, notice, pleading, order or other document that directs a person to perform or refrain from performing a specified act and compliance with which is enforceable by a court or governmental agency.

AB100-engrossed, s. 5343L Section 5343L. 946.68 (1r) (c) of the statutes is created to read:

AB100-engrossed,2250,5 946.68 (1r) (c) If the document under par. (a) simulates any criminal process, the person is guilty of a Class D felony.

AB100-engrossed, s. 5343m Section 5343m. 946.68 (2) of the statutes is amended to read:

AB100-engrossed,2250,9 946.68 (2) Proof that the a document specified under sub. (1r) was mailed or was delivered to any person with intent that it be forwarded to the intended recipient is sufficient proof of sending.

AB100-engrossed, s. 5343t Section 5343t. 946.69 (2) (intro.) of the statutes is amended to read:

AB100-engrossed,2250,12 946.69 (2) (intro.) Whoever does any of the following is guilty of a Class A misdemeanor E felony:

AB100-engrossed, s. 5345 Section 5345. 948.11 (4) (b) 3. a. of the statutes is amended to read:

AB100-engrossed,2250,16 948.11 (4) (b) 3. a. Is a technical college, is a school approved by the department of education educational approval board under s. 38.51 39.51 or is a school described in s. 38.51 39.51 (9) (f), (g) or (h); and

AB100-engrossed, s. 5346d Section 5346d. 949.06 (5) (a) of the statutes is amended to read:

AB100-engrossed,2250,20 949.06 (5) (a) Except as provided in pars. (b) to (e), the department shall make awards under this section from the appropriations under s. 20.455 (5) (b), (j) (kj) and (m).

AB100-engrossed, s. 5346e Section 5346e. 951.01 (3f) of the statutes is created to read:

AB100-engrossed,2250,23 951.01 (3f) "Fire department" includes a volunteer fire department and a department under s. 61.66.

AB100-engrossed, s. 5346f Section 5346f. 951.095 (title) of the statutes is amended to read:

AB100-engrossed,2250,25 951.095 (title) Harassment of police and fire animals.

AB100-engrossed, s. 5346g Section 5346g. 951.095 (1) (intro.) of the statutes is amended to read:

AB100-engrossed,2251,4 951.095 (1) (intro.)  No person may do any of the following to any animal that is used by a law enforcement agency or fire department to perform agency or department functions or duties:

AB100-engrossed, s. 5346h Section 5346h. 951.18 (2m) of the statutes is amended to read:

AB100-engrossed,2251,16 951.18 (2m) Any person who violates s. 951.095 is subject to a Class B forfeiture. Any person who intentionally or negligently violates s. 951.095, knowing that the animal that is the victim is used by a law enforcement agency or fire department to perform agency or department functions or duties, is guilty of a Class A misdemeanor. Any person who intentionally violates s. 951.095, knowing that the animal that is the victim is used by a law enforcement agency or fire department to perform agency or department functions or duties and causing injury to the animal, is guilty of a Class E felony. Any person who intentionally violates s. 951.095, knowing that the animal that is the victim is used by a law enforcement agency or fire department to perform agency or department functions or duties and causing death to the animal, is guilty of a Class D felony.

AB100-engrossed, s. 5348e Section 5348e. 961.38 (2) of the statutes is amended to read:

AB100-engrossed,2251,23 961.38 (2) In emergency situations, as defined by rule of the pharmacy examining board, schedule II drugs may be dispensed upon oral or electronic prescription of a practitioner, reduced promptly to writing and filed by the pharmacy. Prescriptions shall be retained in conformity with rules of the pharmacy examining board promulgated under s. 961.31. No prescription for a schedule II substance may be refilled.

AB100-engrossed, s. 5348m Section 5348m. 961.38 (3) of the statutes is amended to read:

AB100-engrossed,2252,7 961.38 (3) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a controlled substance included in schedule III or IV, which is a prescription drug, shall not be dispensed without a written or, oral or electronic prescription of a practitioner. The prescription shall not be filled or refilled except as designated on the prescription and in any case not more than 6 months after the date thereof, nor may it be refilled more than 5 times, unless renewed by the practitioner.