AB410: Bill Text

AB410, s. 5 Section 5. 48.396 (2) (dr) of the statutes is created to read:

AB410,8,20 48.396 (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 child who has been the subject of a proceeding under this chapter.

AB410, s. 6 Section 6. 48.396 (2) (g) of the statutes is created to read:

AB410,9,2 48.396 (2) (g) Upon request of any other court assigned to exercise jurisdiction under this chapter and ch. 938, 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 child who has been the subject of a proceeding under this chapter.

AB410, s. 7 Section 7. 48.396 (2) (h) of the statutes is created to read:

AB410,9,10 48.396 (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 child, the court assigned to exercise jurisdiction under this chapter and ch. 938 shall open for inspection by an authorized representative of the requester the records of the court relating to any child who has been the subject of a proceeding under this chapter.

AB410, s. 8 Section 8. 48.66 (1) of the statutes is amended to read:

AB410,9,22 48.66 (1) The department shall license and supervise child welfare agencies, as required by s. 48.60, group homes, as required by s. 48.625, shelter care facilities, as required by s. 48.48 and day care centers, as required by s. 48.65. The department may license foster homes or treatment foster homes, as provided by s. 48.62, and may license and supervise county departments in accordance with the procedures specified in this section and in ss. 48.67 to 48.74. The department of corrections may license a child welfare agency to operate a secured child caring institution, as defined in s. 938.02 (15g), for holding in secure custody children juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 983.183 or 938.34 (4d), (4h) or (4m) and referred to the child welfare agency by the court or the department of corrections and to provide supervision, care and maintenance for those children.

AB410, s. 9 Section 9. 301.08 (1) (b) 3. of the statutes is amended to read:

AB410,9,25 301.08 (1) (b) 3. Contract with public, private or voluntary agencies for the supervision, maintenance and operation of secured correctional facilities, as defined in s. 938.02 (15m), child caring institutions, as defined in s. 938.02 (2c), and secured child caring institutions, as defined in s. 938.02 (15g), for the placement of juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4d), (4h) or (4m). The department may designate a secured correctional facility, child caring institution or a secured child caring institution contracted for under this subdivision as a Type 2 secured correctional facility, as defined in s. 938.02 (20), and may designate a child caring institution or secured child caring institution contracted for under this subdivision as a Type 2 child caring institution, as defined in s. 938.02 (19r).

AB410, s. 10 Section 10. 800.08 (4) of the statutes is amended to read:

AB410,10,12 800.08 (4) Municipal Except as provided in s. 938.17 (2) (h) 3., municipal courts shall be bound by the rules of evidence specified in chs. 901 to 911.

AB410, s. 11 Section 11. 895.035 (2m) (a) of the statutes is amended to read:

AB410,11,7 895.035 (2m) (a) If a child fails to pay restitution under s. 938.245, 938.32, 938.34 (5), 938.343 (4) or 938.345 as ordered by a court assigned to exercise jurisdiction under chs. 48 and 938, a court of criminal jurisdiction or a municipal court or as agreed to in a deferred prosecution agreement or if it appears likely that the child will not pay restitution as ordered or agreed to, the victim, the victim's insurer, the representative of the public interest under s. 938.09 or the agency, as defined in s. 938.38 (1) (a), supervising the child may petition the court assigned to exercise jurisdiction under chs. 48 and 938 to order that the amount of restitution unpaid by the child be entered and docketed as a judgment against the child and the parent with custody of the child and in favor of the victim or the victim's insurer, or both. A petition under this paragraph may be filed after the expiration of the deferred prosecution agreement, consent decree, dispositional order or sentence under which the restitution is payable, but no later than one year after the expiration of the deferred prosecution agreement, consent decree, dispositional order or sentence or any extension of the consent decree, dispositional order or sentence. A judgment rendered under this paragraph does not bar the victim or the victim's insurer, or both, from commencing another action seeking compensation from the child or the parent, or both, if the amount of restitution ordered under this paragraph is less than the total amount of damages claimed by the victim or the victim's insurer.

AB410, s. 12 Section 12. 895.035 (2m) (b) of the statutes is amended to read:

AB410,11,21 895.035 (2m) (b) If a child fails to pay a forfeiture as ordered by a court assigned to exercise jurisdiction under chs. 48 and 938, a court of criminal jurisdiction or a municipal court or if it appears likely that the child will not pay the forfeiture as ordered, the representative of the public interest under s. 938.09, the agency, as defined in s. 938.38 (1) (a), supervising the child or the law enforcement agency that issued the citation to the child may petition the court assigned to exercise jurisdiction under chs. 48 and 938 to order that the amount of the forfeiture unpaid by the child be entered and docketed as a judgment against the child and the parent with custody of the child and in favor of the county or appropriate municipality. A petition under this paragraph may be filed after the expiration of the dispositional order or sentence under which the forfeiture is payable, but no later than one year after the expiration of the dispositional order or sentence or any extension of the dispositional order or sentence.

AB410, s. 13 Section 13. 895.035 (2m) (bm) 1. of the statutes is amended to read:

AB410,12,10 895.035 (2m) (bm) 1. Before issuing an order under par. (a) or (b), the court assigned to exercise jurisdiction under chs. 48 and 938 shall give the child and the parent notice of the intent to issue the order and an opportunity to be heard regarding the order. The court shall give the child and the parent an opportunity to present evidence as to the amount of the restitution or forfeiture unpaid, but not as to the amount of the restitution or forfeiture originally ordered. The court shall also give the child and the parent an opportunity to present evidence as to the reason for the failure to pay the restitution or forfeiture and the ability of the child or the parent, or both, to pay the restitution or forfeiture. In considering the ability of the child or the parent, or both, to pay the restitution or forfeiture, the court may consider the assets, as well as the income, of the child or the parent, or both, and may consider the future ability of the child or parent, or both, to pay the restitution or forfeiture within the time specified in s. 893.40.

AB410, s. 14 Section 14. 895.035 (3) of the statutes is amended to read:

AB410,12,17 895.035 (3) An adjudication under s. 938.31 938.183 or 938.34 that the child violated a civil law or ordinance, is delinquent or is in need of protection and services under s. 938.13 (12), based on proof that the child committed the act, subject to its admissibility under s. 904.10, shall, in an action under sub. (1), stop a child's parent or parents from denying that the child committed the act that resulted in the injury, damage or loss.

AB410, s. 15 Section 15. 938.17 (2) (h) 2. of the statutes is amended to read:

AB410,13,4 938.17 (2) (h) 2. A motion requesting the municipal court to impose or petition for a sanction may be brought by the person or agency primarily responsible for the provision of dispositional services, the municipal attorney or the court that entered the dispositional order. A motion requesting the municipal court to impose or petition for a sanction to be imposed on a juvenile 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 of his or her dispositional order 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 and the juvenile's parent, guardian or legal custodian.

AB410, s. 16 Section 16. 938.17 (2) (h) 3. of the statutes is amended to read:

AB410,13,9 938.17 (2) (h) 3. Before imposing any sanction, the court shall hold a hearing, at which the juvenile may present evidence. Except as provided in s. 901.05, neither common law nor statutory rules of evidence are binding at a hearing under this subdivision.

AB410, s. 17 Section 17. 938.183 (1) (ar) of the statutes is created to read:

AB410,13,14 938.183 (1) (ar) A juvenile specified in par. (a) or (am) who is alleged to have attempted or committed a violation of any state criminal law in addition to the violation alleged under par. (a) or (am) if the violation alleged under this paragraph and the violation alleged under par. (a) or (am) may be joined under s. 971.12 (1).

AB410, s. 18 Section 18. 938.183 (1m) (c) of the statutes is renumbered 938.183 (1m) (c) (intro.) and amended to read:

AB410,13,22 938.183 (1m) (c) (intro.) If the juvenile is a juvenile described in sub. (1) (a), (am) or (ar) and is convicted of found to have committed a lesser offense than the offense alleged under sub. (1) (a), (am) or (ar) and if any of the following conditions specified in s. 938.183 (2) (a) 1. or 2. applies, the court of criminal jurisdiction may, in lieu of convicting the juvenile, adjudge the juvenile to be delinquent and impose a criminal penalty or a disposition specified in s. 938.34.:

AB410, s. 19 Section 19. 938.183 (1m) (c) 1. of the statutes is created to read:

AB410,14,5 938.183 (1m) (c) 1. The court of criminal jurisdiction finds that the juvenile has committed a lesser offense that is not a violation of s. 940.20 (1) or (2m) or 946.43 under the circumstances described in sub. (1) (a), that is not an attempt to violate s. 940.01 under the circumstances described in sub. (1) (am), that is not a violation of s. 940.02 or 940.05 under the circumstances described in sub. (1) (am) and that is not an offense for which the court assigned to exercise jurisdiction under this chapter and ch. 48 may waive its jurisdiction over the juvenile under s. 938.18.

AB410, s. 20 Section 20. 938.183 (1m) (c) 2. of the statutes is created to read:

AB410,14,17 938.183 (1m) (c) 2. The court of criminal jurisdiction finds that the juvenile has committed a lesser offense that is a violation of s. 940.20 (1) or (2m) or 946.43 under the circumstances described in sub. (1) (a), that is an attempt to violate s. 940.01 under the circumstances described in sub. (1) (am), that is a violation of s. 940.02 or 940.05 under the circumstances described in sub. (1) (am) or that is an offense for which the court assigned to exercise jurisdiction under this chapter and ch. 48 may waive its jurisdiction over the juvenile under s. 938.18 and the court of criminal jurisdiction, after considering the criteria specified in s. 938.18 (5), determines that the juvenile has proved by clear and convincing evidence that it would be in the best interests of the juvenile and of the public to adjudge the juvenile to be delinquent and impose a disposition specified in s. 938.34.

AB410, s. 21 Section 21. 938.183 (2) (a) (intro.), 1. and 2. of the statutes are consolidated, renumbered 938.183 (2) (a) and amended to read:

AB410,16,2 938.183 (2) (a) Notwithstanding ss. 938.12 (1) and 938.18, courts of criminal jurisdiction have exclusive original jurisdiction over a juvenile who is alleged to have attempted or committed a violation of s. 940.01 or to have committed a violation of s. 940.02 or 940.05 on or after the juvenile's 15th birthday. Notwithstanding ss. 938.12 (1) and 938.18, courts of criminal jurisdiction also have exclusive original jurisdiction over a juvenile specified in the preceding sentence who is alleged to have attempted or committed a violation of any state criminal law in addition to the violation alleged under the preceding sentence if the violation alleged under this sentence and the violation alleged under the preceding sentence may be joined under s. 971.12 (1). Notwithstanding subchs. IV to VI, a juvenile who is alleged to have attempted or committed a violation of s. 940.01 or to have committed a violation of s. 940.02 or 940.05 on or after the juvenile's 15th birthday and a juvenile who is alleged to have attempted or committed a violation of any state criminal law, if that violation and an attempt to commit a violation of s. 940.01 or the commission of a violation of s. 940.01, 940.02 or 940.05 may be joined under s. 971.12 (1), is subject to the procedures specified in chs. 967 to 979 and the criminal penalties provided for the crime that the juvenile is alleged to have committed, except that the court of criminal jurisdiction shall may, in lieu of convicting the juvenile, adjudge the juvenile to be delinquent and impose a disposition specified in s. 938.34 if any of the following conditions applies: 1. The the court of criminal jurisdiction convicts finds that the juvenile of has committed a lesser offense that is not an attempt to violate s. 940.01, that is not a violation of s .940.02 or 940.05 and that is not an offense for which the court assigned to exercise jurisdiction under this chapter and ch. 48 may waive its jurisdiction over the juvenile under s. 938.18. 2. The court of criminal jurisdiction convicts the juvenile of a lesser offense that is an attempt to violate s. 940.01, that is a violation of s. 940.02 or 940.05 or that is an offense for which the court assigned to exercise jurisdiction under this chapter and ch. 48 may waive its jurisdiction over the juvenile under s. 938.18 than the offense alleged under this paragraph and the court of criminal jurisdiction, after considering the criteria specified in s. 938.18 (5), determines that the juvenile has proved by clear and convincing evidence that it would be in the best interests of the juvenile and of the public to adjudge the juvenile to be delinquent and impose a disposition specified in s. 938.34.

AB410, s. 22 Section 22. 938.245 (2) (a) 5. a. of the statutes is amended to read:

AB410,16,15 938.245 (2) (a) 5. a. That the juvenile participate in a restitution project if the act for which the deferred prosecution agreement is being entered into has resulted in damage to the property of another, or in actual physical injury to another excluding pain and suffering. Subject to subd. 5. c., the deferred prosecution agreement may require the juvenile to repair the damage to property or to make reasonable restitution for the damage or injury if the intake worker, 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 deferred prosecution agreement shall include a determination 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 deferred prosecution agreement for the payment.

AB410, s. 23 Section 23. 938.275 (1) (c) of the statutes is amended to read:

AB410,16,23 938.275 (1) (c) If the court imposes a sanction on a juvenile as specified in s. 938.355 (6) (d) or (6m) (a) or finds the juvenile in contempt under s. 938.355 (6g) (b) and orders a disposition under s. 938.34 or if the juvenile is placed in a secure detention facility or place of nonsecure custody under s. 938.355 (6d) or 938.534 (1), the court shall order the parents of the juvenile to contribute toward the cost of the sanction, disposition or placement the proportion of the total amount which the court finds the parents are able to pay.

AB410, s. 24 Section 24. 938.299 (4) (b) of the statutes is amended to read:

AB410,17,14 938.299 (4) (b) Except as provided in s. 901.05, neither common law nor statutory rules of evidence are binding at a waiver hearing under s. 938.18, a hearing for a juvenile held in custody under s. 938.21, a hearing under s. 938.296 (4) for a juvenile who is alleged to have violated s. 940.225, 948.02, 948.025, 948.05 or 948.06, a dispositional hearing, or a any postdispositional hearing about changes in placement, revision of dispositional orders or extension of dispositional orders under this chapter. At those hearings, the court shall admit all testimony having reasonable probative value, but shall exclude immaterial, irrelevant or unduly repetitious testimony or evidence that is inadmissible under s. 901.05. Hearsay evidence may be admitted if it has demonstrable circumstantial guarantees of trustworthiness. The court shall give effect to the rules of privilege recognized by law. The court shall apply the basic principles of relevancy, materiality and probative value to proof of all questions of fact. Objections to evidentiary offers and offers of proof of evidence not admitted may be made and shall be noted in the record.

AB410, s. 25 Section 25. 938.32 (1t) (a) 1. of the statutes is amended to read:

AB410,18,4 938.32 (1t) (a) 1. Subject to subd. 3., if the petition alleges that the juvenile committed a delinquent act that has resulted in damage to the property of another, or in actual physical injury to another excluding pain and suffering, the judge or juvenile court commissioner may require the juvenile as a condition of the consent decree, to repair the damage to property or to make reasonable restitution for the damage or injury if the judge or juvenile court commissioner, 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 consent decree that includes a condition of 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 consent decree 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 made part of the consent decree.

AB410, s. 26 Section 26. 938.34 (5) (a) of the statutes is amended to read:

AB410,18,16 938.34 (5) (a) Subject to par. (c), if the juvenile is found to have committed a delinquent act which has resulted in damage to the property of another, or actual physical injury to another excluding pain and suffering, order the juvenile to repair the damage to property or to make 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 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. 27 Section 27. 938.34 (8) of the statutes is amended to read:

AB410,19,12 938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that this disposition is in the best interest of the juvenile and in aid of rehabilitation. The maximum forfeiture that the court may impose under this subsection for a violation by a juvenile is the maximum amount of the fine that may be imposed on an adult for committing that violation or, if the violation is applicable only to a person under 18 years of age, $100. Any such order 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 the forfeiture and shall allow up to 12 months for payment. If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order other alternatives under this section, in accordance with the conditions specified in this subchapter; or the court may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's operating privilege as defined in s. 340.01 (40) for not less than 30 days nor more than 5 years. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license and forward it to the department which issued the license, together with a notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the suspension shall be reduced to the time period which has already elapsed and the court shall immediately notify the department which shall then return the license to the juvenile.

AB410, s. 28 Section 28. 938.343 (2) of the statutes is amended to read:

AB410,20,2 938.343 (2) Impose a forfeiture not to exceed the maximum forfeiture that may be imposed on an adult for committing that violation or, if the violation is only applicable to a person under 18 years of age, $50. Any such order 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 shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture, the court may suspend any license issued under ch. 29 or suspend the juvenile's operating privilege as defined in s. 340.01 (40), for not less than 30 days nor more than 5 years. The court shall immediately take possession of the suspended license and forward it to the department which issued the license, together with the notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which will thereupon return the license to the person.

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.