AB378,186,1610
895.55
(2) (intro.) Notwithstanding any provision of
ch. 29, s. 299.11, 299.13,
11299.31, 299.41, 299.43, 299.45, 299.51, 299.53 or 299.55, subchs. II and IV of ch. 30,
12subchs. II, IV, VI and VII of ch. 144, ch.
147 or 29, 166,
281, 283, 289, 291 or 292 or
13subch. II of ch. 295, or any other provision of this chapter, a person is immune from
14liability for damages resulting from the person's acts or omissions and for the
15removal costs resulting from the person's acts or omissions if all of the following
16conditions are met:
AB378,187,219
895.55
(3) (a) Who is required to act under s.
144.76 292.11 (3) because the
20person possessed or controlled the oil that was initially discharged into the navigable
1waters of this state or caused the initial discharge or initial threat of discharge of the
2oil into the navigable waters of this state.
Note: Inserts correct cross-reference. Section 144.76 was renumbered to s. 292.11
by
1995 Wis. Act 227.
Note: There is no conflict of substance.
AB378,187,108
938.02
(17) "Shelter care facility" means a nonsecure place of temporary care
9and physical custody for juveniles, including a holdover room, licensed by the
10department
of health and family services under s. 48.66 (1).
Note: "Department" is defined as the department of corrections in ch. 938. The
department of health and family services licenses shelter care facilities.
AB378,187,1413
938.065
(3) (b) Conduct fact-finding or dispositional hearings except
on 14petitions or citations under s. 938.125 and except as provided in sub. (2) (gm).
Note: Inserts missing word.
AB378,187,2117
938.125
(2) That the court has exclusive jurisdiction over any juvenile alleged
18to have violated an ordinance enacted under s. 118.163 (2) only if evidence is provided
19by the school attendance officer that the activities under s. 118.16 (5) have been
20completed or were not completed due to the
child's
juvenile's absence from school as
21provided in s. 118.16 (5m).
Note: Replaces "child" with "juvenile" for consistency of references within ch. 938.
AB378,188,63
938.13
(6) Who is habitually truant from school, if evidence is provided by the
4school attendance officer that the activities under s. 118.16 (5) have been completed
5or were not completed due to the
child's juvenile's absence from school as provided
6in s. 118.16 (5m), except as provided under s. 938.17 (2).
Note: Replaces "child" with "juvenile" for consistency of references within ch. 938.
AB378,188,119
938.18
(5) (d) The desirability of trial and disposition of the entire offense in
10one court if the juvenile was allegedly associated in the offense with persons who will
11be charged with a crime in
circuit the court
of criminal jurisdiction.
Note: Waiver of jurisdiction is from the juvenile court to the court of criminal
jurisdiction, both of which are part of the circuit court.
Note: There is no conflict of substance.
AB378,188,2117
938.183
(2) (c) If the juvenile is placed outside the juvenile's home under this
18subsection, the order shall contain
, a designation of the amount of support, if any, to
19be paid by the juvenile's parent, guardian or trustee, specifying that the support
20obligation begins on the date of the placement, or a referral to the county designee
21under s.
59.07 (97) 59.53 (5) for establishment of child support.
Note: 1995 Wis. Act 201 renumbered s. 59.07 (97) to be s. 59.183 (2) (c) effective
9-1-96.
AB378,189,53
938.20
(2) (d) If the
child juvenile is a runaway, the person who took the
child 4juvenile into custody may release the
child juvenile to a home authorized under s.
548.227.
AB378,189,118
938.205
(1) (intro.) A juvenile may be held under s. 938.207, 938.208 or
9938.209 if the intake worker determines that there is probable cause to believe the
10juvenile is within the jurisdiction of the court and if probable cause exists to believe
11one any of the following:
Note: Inserts preferred term.
AB378,189,16
14938.209 Criteria for holding a juvenile in a county jail. (intro.) Subject
15to
the provisions of s. 938.208, a county jail may be used as a secure detention facility
16if the criteria under either sub. (1) or (2) are met:
Note: Deletes unnecessary language.
Note: Makes a technical correction. This provision is not an introductory
paragraph under current drafting standards.
Note: See the previous section of this bill.
AB378,190,93
938.21
(2) (d) If the juvenile is not represented by counsel at the hearing and
4the juvenile is continued in custody as a result of the hearing, the juvenile may
5request through counsel subsequently appointed or retained or through a guardian
6ad litem that the order to hold in custody be reheard. If the request is made, a
7rehearing shall take place as soon as
may be possible. Whether or not counsel was
8present, any order to hold the juvenile in custody shall be subject to rehearing for
9good cause.
Note: Deletes unnecessary language.
Note: Makes a technical correction. This provision is not an introductory
paragraph under current drafting standards.
Note: See the previous section of this bill.
AB378,191,216
938.21
(3) (e) If the parent, guardian or legal custodian or the juvenile is not
17represented by counsel at the hearing and the juvenile is continued in custody as a
18result of the hearing, the parent, guardian, legal custodian or juvenile may request
19through counsel subsequently appointed or retained or through a guardian ad litem
20that the order to hold the juvenile in custody be reheard. If the request is made, a
21rehearing shall take place as soon as
may be possible. Any order to hold the juvenile
1in custody shall be subject to rehearing for good cause, whether or not counsel was
2present.
Note: Deletes unnecessary language.
AB378,191,95
938.22
(1) (c) In counties having a population of 500,000 or more, the
6nonjudicial operational policies of the secure detention facility and the detention
7section of the
juvenile delinquency children's court center shall be established by the
8county board of supervisors, and the execution thereof shall be the responsibility of
9the director of the children's court center.
Note: Inserts correct term. There is no "juvenile delinquency court center".
Note: Renumbers provision for more logical placement.
AB378,191,1514
938.25
(4) Section 939.74 applies to delinquency petitions filed under this
15subchapter chapter.
Note: An early draft of the material contained in the present ch. 938 placed that
material in a single new subchapter of ch. 48. This cross-reference was not corrected
when the material was created in the new ch. 938.
AB378,192,218
938.273
(2) Service of summons or notice required by this
subchapter chapter 19may be made by any suitable person under the direction of the court. Notification
20of the victim or alleged victim of a juvenile's act or of a family member of a homicide
1victim or of an alleged homicide victim under s. 938.27 (4m) shall be made by the
2district attorney or corporation counsel.
Note: An early draft of the material contained in the present ch. 938 placed that
material in a single new subchapter of ch. 48. This cross-reference was not corrected
when the material was created in the new ch. 938.
AB378,192,11
5938.28 Failure to obey summons; capias. If any person summoned under
6this
subchapter chapter fails without reasonable cause to appear, he or she may be
7proceeded against for contempt of court. In case the summons cannot be served or
8the parties served fail to obey the same, or in any case when it appears to the court
9that the service will be ineffectual a capias may be issued for the parent, guardian
10and legal custodian or for the juvenile. Subchapter IV governs the taking and
11holding of a juvenile in custody.
Note: An early draft of the material contained in the present ch. 938 placed that
material in a single new subchapter of ch. 48. This cross-reference was not corrected
when the material was created in the new ch. 938.
AB378,193,414
938.293
(2) All records relating to a juvenile which are relevant to the subject
15matter of a proceeding under this
subchapter chapter shall be open to inspection by
16a guardian ad litem or counsel for any party, upon demand and upon presentation
17of releases where necessary, at least 48 hours before the proceeding. Persons entitled
18to inspect the records may obtain copies of the records with the permission of the
19custodian of the records or with the permission of the court. The court may instruct
20counsel not to disclose specified items in the materials to the juvenile or the parent
21if the court reasonably believes that the disclosure would be harmful to the interests
1of the juvenile. Sections 971.23 and 972.11 (5) shall be applicable in all delinquency
2proceedings under this
subchapter chapter, except that the court shall establish the
3timetable for the disclosures required under ss. 971.23 (1), (2m) and (8) and 972.11
4(5).
Note: An early draft of the material contained in the present ch. 938 placed that
material in a single new subchapter of ch. 48. This cross-reference was not corrected
when the material was created in the new ch. 938.
AB378,193,127
938.297
(3) Motions to suppress evidence as having been illegally seized or
8statements
as having been illegally obtained shall be made before fact-finding on the
9issues. The court may entertain the motion at the fact-finding hearing if it appears
10that a party is surprised by the attempt to introduce such evidence and that party
11waives jeopardy. Only the juvenile may waive jeopardy in cases under s. 938.12,
12938.125 or 938.13 (12).
Note: Repeats phrase for better parallel construction.
AB378,194,315
938.299
(1) (a) Except as provided in par. (ar), the general public shall be
16excluded from hearings under this chapter unless a public fact-finding hearing is
17demanded by a juvenile through his or her counsel. The court shall refuse to grant
18the public hearing, however, if the victim of an alleged sexual assault objects or, in
19a nondelinquency proceeding, if a parent or guardian objects. If a public hearing is
20not held, only the parties, their counsel, witnesses, a representative of the news
21media who wishes to attend the hearing for the purpose of reporting news without
22revealing the identity of the
child juvenile involved and other persons requested by
1a party and approved by the court may be present. Any other person the court finds
2to have a proper interest in the case or in the work of the court, including a member
3of the bar, may be admitted by the court.
Note: Replaces "child" with "juvenile" for consistency of references within ch. 938.
AB378,194,106
938.299
(1) (b) Except as provided in par. (av) and s. 938.396, any person who
7divulges any information which would identify the juvenile or the family involved in
8any proceeding under this
subchapter chapter is subject to ch. 785. This paragraph
9does not preclude a victim of the juvenile's act from commencing a civil action based
10upon the juvenile's act.
Note: An early draft of the material contained in the present ch. 938 placed that
material in a single new subchapter of ch. 48. This cross-reference was not corrected
when the material was created in the new ch. 938.
AB378,194,1613
938.299
(6) (a) The court shall refer the matter to the state or to the attorney
14responsible for support enforcement under s.
59.458 (1) 59.53 (6) (a) for a
15determination, under s. 767.45, of whether an action should be brought for the
16purpose of determining the paternity of the juvenile.
AB378,195,219
938.299
(6) (e) 4. If the genetic tests show that an alleged father is not excluded
20and that the statistical probability that the alleged father is the
child's juvenile's 21biological father is 99.0% or higher, the court may determine that for purposes of a
1proceeding under this chapter or ch. 48, other than a proceeding under subch. VIII
2of ch. 48, the man is the juvenile's biological parent.
Note: Replaces "child" with "juvenile" for consistency of references within ch. 938.
AB378,195,125
938.299
(7) If a man who has been given notice under s. 938.27 (3) (b) 1. appears
6at any hearing for which he received the notice but does not allege that he is the
7father of the juvenile and state that he wishes to establish the paternity of the
8juvenile or if no man to whom such notice was given appears at a hearing, the court
9may refer the matter to the state or to the attorney responsible for support
10enforcement under s.
59.458 (1) 59.53 (6) (a) for a determination, under s. 767.45, of
11whether an action should be brought for the purpose of determining the paternity of
12the juvenile.
AB378,196,315
938.30
(1) Except as provided in this subsection, the hearing to determine the
16juvenile's plea to a citation or a petition under s. 938.12, 938.125 or 938.13 (12), or
17to determine whether any party wishes to contest an allegation that the
child 18juvenile is in need of protection or services under s. 938.13 (4), (6), (6m), (7) or (14)
19shall take place on a date which allows reasonable time for the parties to prepare but
20is within 30 days after the filing of a petition or issuance of a citation for a juvenile
21who is not being held in secure custody or within 10 days after the filing of a petition
22or issuance of a citation for a juvenile who is being held in secure custody. In a
23municipal court operated jointly by 2 or more cities, towns or villages under s. 755.01
1(4), the hearing to determine the juvenile's plea shall take place within 45 days after
2the filing of a petition or issuance of a citation for a juvenile who is not being held in
3secure custody.
Note: Replaces "child" with "juvenile" for consistency of references within ch. 938.