AB410: Bill Text

AB410, s. 29 Section 29. 938.343 (4) of the statutes is amended to read:

AB410,20,14 938.343 (4) If the violation has resulted in damage to the property of another, or in actual physical injury to another excluding pain and suffering, the court may order the juvenile to make repairs of the damage to property or reasonable restitution for the damage or injury if the court, after taking into consideration the well-being and needs of the victim, considers it beneficial to the well-being and behavior of the juvenile. Any such order requiring payment for repairs or restitution shall include a finding that the juvenile, either alone or with the assistance of a parent with custody, as defined in s. 895.035 (1), of the juvenile, is financially able to pay and may allow up to the date of the expiration of the order for the payment. Objection by the juvenile to the amount of damages claimed shall entitle the juvenile to a hearing on the question of damages before the amount of restitution is ordered.

AB410, s. 30 Section 30. 938.35 (1) (a) of the statutes is amended to read:

AB410,20,18 938.35 (1) (a) In sentencing proceedings after conviction of a felony or misdemeanor and then only for the purpose of a presentence study and report investigation.

AB410, s. 31 Section 31. 938.35 (1) (c) of the statutes is amended to read:

AB410,20,22 938.35 (1) (c) In a court of civil or criminal jurisdiction while it is exercising the jurisdiction of a over an action affecting the family court and is considering the custody of juveniles a juvenile.

AB410, s. 32 Section 32. 938.355 (6) (a) of the statutes is amended to read:

AB410,21,21 938.355 (6) (a) If a juvenile who has been adjudged delinquent or , who has been found to be in need of protection or services under s. 938.13 (6) or (6m) or who has been found to have violated a civil law or ordinance violates a condition specified in sub. (2) (b) 7., the court may impose on the juvenile any of the sanctions specified in par. (d) if, at the dispositional hearing under s. 938.335, the court explained the conditions to the juvenile and informed the juvenile of those possible sanctions or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions. Subject to sub. (6m), if If a juvenile who has been found to be in need of protection or services under s. 938.13 (4), (7), (12) or (14) violates a condition specified in sub. (2) (b) 7., the court may impose on the juvenile any of the sanctions specified in par. (d), other than placement in a secure detention facility or juvenile portion of a county jail, if, at the dispositional hearing under s. 938.335, the court explained the conditions to the juvenile and informed the juvenile of those possible sanctions or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions. The court may not order the sanction of placement in a place of nonsecure custody specified in par. (d) 1. unless the court finds that the agency primarily responsible for providing services for the juvenile has made reasonable efforts to prevent the removal of the juvenile from his or her home and that continued placement of the juvenile in his or her home is contrary to the welfare of the juvenile.

AB410, s. 33 Section 33. 938.355 (6) (b) of the statutes is amended to read:

AB410,22,10 938.355 (6) (b) A motion for imposition of a sanction may be brought by the person or agency primarily responsible for the provision of dispositional services, the district attorney or corporation counsel or the court that entered the dispositional order. A motion for imposition of a sanction on a juvenile who has been found to be in need of protection or services under s. 938.13 (6) or (6m) or who has been found to have violated an ordinance under s. 118.163 (2) or (2m) and who is alleged to have violated a condition specified under sub. (2) (b) 7. may also be brought by the administrator of the school district in which the juvenile is enrolled or resides. If the court initiates the motion, that court is disqualified from holding a hearing on the motion. Notice of the motion shall be given to the juvenile, guardian ad litem, counsel, parent, guardian, legal custodian and all parties present at the original dispositional hearing. The motion shall contain a statement of whether the juvenile may be subject to the federal Indian child welfare act, 25 USC 1911 to 1963.

AB410, s. 34 Section 34. 938.355 (6) (d) 2. of the statutes is amended to read:

AB410,22,23 938.355 (6) (d) 2. Suspension of or limitation on the use of the juvenile's operating privilege, as defined under s. 340.01 (40), or of any approval issued under ch. 29 for a period of not more than 3 years. If the juvenile does not hold a valid operator's license under ch. 343, other than an instruction permit under s. 343.07 or a restricted license under s. 343.08, on the date of the order issued under this subdivision, the court may order the suspension to begin on the date that the operator's license would otherwise be reinstated or issued after the juvenile applies and qualifies for issuance or 2 years after the date of the order issued under this subdivision, whichever occurs first. If the court suspends the juvenile's operating privileges or an approval issued under ch. 29, the court shall immediately take possession of the suspended license or approval and forward it to the department that issued it, together with the notice of suspension.

AB410, s. 35 Section 35. 938.355 (6) (e) of the statutes is created to read:

AB410,23,3 938.355 (6) (e) This subsection does not preclude a person who is aggrieved by a juvenile's violation of a condition specified in sub. (2) (b) 7. from proceeding against the juvenile for contempt of court under ch. 785.

AB410, s. 36 Section 36. 938.355 (6g) (c) of the statutes is created to read:

AB410,23,7 938.355 (6g) (c) This subsection does not preclude a person who is aggrieved by a juvenile's violation of a condition specified in sub. (2) (b) 7. from proceeding against the juvenile for contempt of court under ch. 785.

AB410, s. 37 Section 37. 938.355 (6m) of the statutes is repealed.

AB410, s. 38 Section 38. 938.396 (2) (d) of the statutes is amended to read:

AB410,23,19 938.396 (2) (d) Upon request of a court of criminal jurisdiction or a district attorney to review court records for the purpose of setting bail under ch. 969, impeaching a witness under s. 906.09 or investigating and determining whether a person has possessed a firearm in violation of s. 941.29 (2) or upon request of a court of civil jurisdiction or the attorney for a party to a proceeding in that court to review court records for the purpose of impeaching a witness under s. 906.09, the court assigned to exercise jurisdiction under this chapter and ch. 48 shall open for inspection by authorized representatives of the requester the records of the court relating to any juvenile who has been adjudicated delinquent for an act that would be a felony if committed by an adult the subject of a proceeding under this chapter.

AB410, s. 39 Section 39. 938.396 (2) (dr) of the statutes is created to read:

AB410,23,25 938.396 (2) (dr) Upon request of the department of corrections or any other person preparing a presentence investigation under s. 972.15 to review court records for the purpose of preparing the presentence investigation, the court shall open for inspection by any authorized representative of the requester the records of the court relating to any juvenile who has been the subject of a proceeding under this chapter.

AB410, s. 40 Section 40. 938.396 (2) (g) of the statutes is created to read:

AB410,24,7 938.396 (2) (g) Upon request of any other court assigned to exercise jurisdiction under this chapter and ch. 48, a district attorney or corporation counsel to review court records for the purpose of any proceeding in that other court, the court shall open for inspection by any authorized representative of the requester the records of the court relating to any juvenile who has been the subject of a proceeding under this chapter.

AB410, s. 41 Section 41. 938.396 (2) (h) of the statutes is created to read:

AB410,24,15 938.396 (2) (h) Upon request of the court having jurisdiction over an action affecting the family or of an attorney for a party or a guardian ad litem in an action affecting the family to review court records for the purpose of considering the custody of a juvenile, the court assigned to exercise jurisdiction under this chapter and ch. 48 shall open for inspection by an authorized representative of the requester the records of the court relating to any juvenile who has been the subject of a proceeding under this chapter.

AB410, s. 42 Section 42. 938.396 (2) (i) of the statutes is created to read:

AB410,25,2 938.396 (2) (i) Upon request of the court assigned to exercise probate jurisdiction, the attorney general, the personal representative or special administrator of, or an attorney performing services for, the estate of a decedent in any proceeding under chs. 851 to 879, a person interested, a defined in s. 851.21, or an attorney, attorney-in-fact, guardian ad litem or guardian of the estate of a person interested to review court records for the purpose of s. 852.01 (2m) (bg), the court assigned to exercise jurisdiction under this chapter and ch. 48 shall open for inspection by any authorized representative of the requester the records of the court relating to any juvenile who has been adjudged delinquent on the basis of unlawfully and intentionally killing a person.

AB410, s. 43 Section 43. 938.78 (2) (e) of the statutes is amended to read:

AB410,25,10 938.78 (2) (e) Paragraph (a) does not prohibit the department from disclosing information about an individual adjudged delinquent under s. 938.31 938.183 or 938.34 for a sexually violent offense, as defined in s. 980.01 (6), to the department of justice, or a district attorney or a judge acting under ch. 980 or to an attorney who represents a person subject to a petition under ch. 980. The court in which the petition under s. 980.02 is filed may issue any protective orders that it determines are appropriate concerning information disclosed under this paragraph.

AB410, s. 44 Section 44. 970.032 (title) of the statutes is amended to read:

AB410,25,13 970.032 (title) Preliminary examination; child juvenile under original adult court jurisdiction.

AB410, s. 45 Section 45. 970.032 (1) of the statutes is amended to read:

AB410,25,22 970.032 (1) Notwithstanding s. 970.03, if a preliminary examination is held regarding a child juvenile who is subject to the original jurisdiction of the court of criminal jurisdiction under s. 938.183 (1) or (2), the court shall first determine whether there is probable cause to believe that the child juvenile has committed the violation of which he or she is accused under the circumstances specified in s. 938.183 (1) (a), (am), (ar), (b) or (c) or (2) (a), whichever is applicable. If the court does not make that finding, the court shall order that the child juvenile be discharged but proceedings may be brought regarding the child juvenile under ch. 938.

AB410, s. 46 Section 46. 970.032 (2) (intro.) of the statutes is amended to read:

AB410,26,5 970.032 (2) (intro.)  If the court finds probable cause as specified in sub. (1) to believe that the juvenile has committed the violation of which he or she is accused under the circumstances specified in s. 938.183 (1) (a), (am) or (ar), the court shall determine whether to retain jurisdiction or to transfer jurisdiction to the court assigned to exercise jurisdiction under chs. 48 and 938. The court shall retain jurisdiction unless the child juvenile proves by a preponderance of the evidence all of the following:

AB410, s. 47 Section 47. 970.032 (2) (a) of the statutes is amended to read:

AB410,26,8 970.032 (2) (a) That, if convicted, the child juvenile could not receive adequate treatment in the criminal justice system.

AB410, s. 48 Section 48. 970.032 (2) (c) of the statutes is amended to read:

AB410,26,13 970.032 (2) (c) That retaining jurisdiction is not necessary to deter the child juvenile or other children juveniles from committing the violation of which the child juvenile is accused under the circumstances specified in s. 938.183 (1) (a), (am), (b) or (c) or (ar), whichever is applicable.

AB410, s. 49 Section 49. 970.035 of the statutes is amended to read:

AB410,27,2 970.035 (title) Preliminary examination; child juvenile younger than 16 15 years old. Notwithstanding s. 970.03, if a preliminary examination under s. 970.03 is held regarding a child juvenile who was waived under s. 938.18 for a violation which is alleged to have occurred prior to his or her 15th birthday, the court may bind the child juvenile over for trial only if there is probable cause to believe that a crime under s. 940.03, 940.06, 940.225 (1) or (2), 940.305, 940.31 or 943.10 (2), 943.32 (2) or 961.41 (1) has been committed or that a crime that would constitute a felony under chs. 939 to 948 or 961 if committed by an adult has been committed at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9). If the court does not make any of those findings, the court shall order that the child juvenile be discharged but proceedings may be brought regarding the child juvenile under ch. 938.

AB410, s. 50 Section 50. 971.31 (13) (a) (intro.) of the statutes is renumbered 971.31 (13) (a) and amended to read:

AB410,27,10 971.31 (13) (a) (intro.) A child juvenile over whom the court has jurisdiction under s. 938.183 (1) (b) or (c) on a misdemeanor action may make a motion before trial to transfer jurisdiction to the court assigned to exercise jurisdiction under chs. 48 and 938. The motion may allege that the child juvenile did not commit the violation under the circumstances described in s. 938.183 (1) (b) or (c), whichever is applicable, or that transfer of jurisdiction would be appropriate because of all of the following:.

AB410, s. 51 Section 51. 971.31 (13) (a) 1. of the statutes is repealed.

AB410, s. 52 Section 52. 971.31 (13) (a) 2. of the statutes is repealed:

AB410, s. 53 Section 53. 971.31 (13) (a) 3. of the statutes is repealed.

AB410, s. 54 Section 54. 971.31 (13) (b) of the statutes is amended to read:

AB410,27,19 971.31 (13) (b) The court shall retain jurisdiction unless the child proves by a preponderance of the evidence that he or she did not commit the violation under the circumstances described in s. 938.183 (1) (b) or (c) or that transfer would be appropriate because all of the factors specified in par. (a) 1., 2. and 3. are met, whichever is applicable.

AB410, s. 55 Section 55. 972.14 (2) of the statutes is amended to read:

AB410,28,4 972.14 (2) Before pronouncing sentence, the court shall ask the defendant why sentence should not be pronounced upon him or her and allow the district attorney, defense counsel and defendant an opportunity to make a statement with respect to any matter relevant to the sentence. In addition, if the defendant is under 21 years of age and if the court has not ordered a presentence investigation under s. 972.15, the court shall ask the defendant if he or she has been adjudged delinquent under ch. 48, 1993 stats., or ch. 938 or has had a similar adjudication in any other state in the 3 years immediately preceding the date the criminal complaint relating to the present offense was issued.

AB410, s. 56 Section 56. 972.15 (2s) of the statutes is amended to read:

AB410,28,11 972.15 (2s) If the defendant is under 21 years of age, the person preparing the presentence investigation report shall attempt to determine whether the defendant has been adjudged delinquent under ch. 48, 1993 stats., or ch.938 or has had a similar adjudication in any other state in the 3 years immediately preceding the date the criminal complaint relating to the present offense was issued and, if so, shall include that information in the report.

AB410, s. 57 Section 57. 980.015 (2) (b) of the statutes is amended to read:

AB410,28,16 980.015 (2) (b) The anticipated release from a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), of a person adjudicated delinquent under s. 938.183 or 938.34 on the basis of a sexually violent offense.

AB410, s. 58 Section 58. 980.02 (2) (ag) of the statutes is amended to read:

AB410,28,24 980.02 (2) (ag) The person is within 90 days of discharge or release, on parole or otherwise, from a sentence that was imposed for a conviction for a sexually violent offense, from a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), if the person was placed in the facility for being adjudicated delinquent under s. 938.183 or 938.34 on the basis of a sexually violent offense or from a commitment order that was entered as a result of a sexually violent offense.

AB410, s. 59 Section 59. Initial applicability.

AB410,29,7 (1) Original adult court jurisdiction. The treatment of sections 48.66 (1), 301.08 (1) (b) 3., 895.035 (2m) (a) and (b) and (3), 938.183 (1) (ar) and (2) (a) (intro.), 1. and 2., 938.78 (2) (e), 970.032 (title), (1) and (2) (intro.), (a) and (c), 970.035, 971.31 (a) (intro.), 1., 2. and 3. and (b), 980.015 (2) (b) and 980.02 (2) (ag) of the statutes, the renumbering of section 938.183 (1m) (c) of the statutes and the creation of section 938.183 (1m) (c) 1. and 2. of the statutes first apply to acts committed by a juvenile on the effective date of this subsection.

AB410,29,11 (2) Restitution and forfeitures. The treatment of sections 895.035 (2m) (bm) 1., 938.245 (2) (a) 5. a., 938.32 (1t) (a) 1., 938.34 (5) (a) and (8) and 938.343 (2) and (4) of the statutes first applies to acts committed by a juvenile on the effective date of this subsection.

AB410,29,14 (3) Sanctions and contempt. The treatment of sections 938.17 (2) (h) 2., 938.275 (1) (c) and 938.355 (6) (a), (b), (d) 2. and (e), (6g) (c) and (6m) of the statutes first applies to dispositional orders entered on the effective date of this subsection.

AB410,29,17 (4) Rules of evidence. The treatment of sections 800.08 (4), 938.17 (2) (h) 3. and 938.299 (4) (b) of the statutes first applies to postdispositional hearings held on the effective date of this subsection.

AB410,29,21 (5) Disclosure of juvenile court records. The treatment of sections 48.35 (1) (b) (intro.), 1., 2. and 3., 48.396 (2) (dr), (g) and (h), 938.35 (1) (a) and (c), 938.396 (2) (d), (dr), (g), (h) and (i), 972.14 (2) and 972.15 (2s) of the statutes first applies to juvenile court records prepared on the effective date of this subsection.

AB410,29,22 (End)