AB443: Bill Text

AB443,142,1 (6) (title) Payment for test costs.

AB443, s. 302 Section 302. 938.2965 (1) (title) of the statutes is created to read:

AB443,142,3 938.2965 (1) (title) Definition.

AB443, s. 303 Section 303. 938.2965 (2) of the statutes is amended to read:

AB443,142,11 938.2965 (2) County to provide. If an area is available and use of the area is practical, a county shall provide a waiting area for a victim or witness to use during hearings under this chapter that if is separate from any area used by the juvenile, the juvenile's relatives, and witnesses for the juvenile. If a separate waiting area is not available or its use is not practical, a county shall provide other means to minimize the contact between the victim or witness and the juvenile, the juvenile's relatives, and witnesses for the juvenile during hearings under this chapter.

AB443, s. 304 Section 304. 938.297 (1) (title) of the statutes is created to read:

AB443,142,13 938.297 (1) (title) Motions able to be determined without trial.

AB443, s. 305 Section 305. 938.297 (2) to (4) of the statutes are amended to read:

AB443,142,21 938.297 (2) Defenses and objections based on petitions for citation. Defenses If defenses and objections based on defects in the institution of proceedings, lack of probable cause on the face of the petition or citation, insufficiency of the petition or citation, or invalidity in whole or in part of the statute on which the petition or citation is founded shall be are not raised not later than within 10 days after the plea hearing or be deemed, they are waived. Other motions capable of determination without trial may be brought any time before trial.

AB443,143,2 (3) Suppression of evidence. Motions to suppress evidence as having been illegally seized or statements as having been illegally obtained shall be made before fact-finding on the issues. The court may entertain consider the motion at the fact-finding hearing if it appears that a party is surprised by the attempt to introduce such the evidence and that party waives jeopardy. Only the juvenile may waive jeopardy in cases under s. 938.12, 938.125, or 938.13 (12).

AB443,143,8 (4) Propriety of taking juvenile into custody. Although the taking of a juvenile into custody is not an arrest, it shall be considered an arrest for the purpose of deciding motions which require a decision about the propriety of the taking into custody, including but not limited to motions to suppress evidence as illegally seized, motions to suppress statements as illegally obtained, and motions challenging the lawfulness of the taking into custody.

AB443, s. 306 Section 306. 938.297 (5) (title), (6) (title) and (7) (title) of the statutes are created to read:

AB443,143,11 938.297 (5) (title) Continuation in custody if motion to dismiss granted.

AB443,143,12 (6) (title) Service of motion on attorney.

AB443,143,13 (7) (title) Oral argument by telephone.

AB443, s. 307 Section 307. 938.299 (1) (title) of the statutes is created to read:

AB443,143,15 938.299 (1) (title) Closed hearings; exceptions.

AB443, s. 308 Section 308. 938.299 (1) (am) of the statutes is amended to read:

AB443,143,25 938.299 (1) (am) Subject to s. 906.15, if a public hearing is not held, in addition to persons permitted to attend under par. (a), a victim of a juvenile's act or alleged act may attend any hearing under this chapter based upon the act or alleged act, except that a judge the court may exclude a victim from any portion of a hearing which that deals with sensitive personal matters of the juvenile or the juvenile's family and which that does not directly relate to the act or alleged act committed against the victim. A member of the victim's family and, at the request of the victim, a representative of an organization providing support services to the victim, may attend the hearing under this subsection.

AB443, s. 309 Section 309. 938.299 (1) (ar) of the statutes is renumbered 938.299 (1) (ar) 1. and amended to read:

AB443,144,9 938.299 (1) (ar) 1. Notwithstanding par. (a) and except as provided under subd. 2., the general public may attend any hearing under this chapter relating to a juvenile who has been alleged to be delinquent for committing a violation that would be a felony if committed by an adult if the juvenile has been adjudicated delinquent previously and that previous adjudication remains of record and unreversed or relating to a juvenile who has been alleged to be delinquent for committing a violation specified in s. 938.34 (4h) (a), except that the.

AB443,144,17 2. The court shall exclude the general public from a hearing if the victim of a sexual assault objects and may, in its discretion, exclude the general public from any portion of a hearing which that deals with sensitive personal matters of the juvenile or the juvenile's family and which that does not relate to the act or alleged act committed by the juvenile or from any other hearing described in this paragraph. If the court excludes the general public from a hearing described in this paragraph, only those persons who are permitted under par. (a) or (am) to attend a hearing from which the general public is excluded may attend.

AB443, s. 310 Section 310. 938.299 (1) (b) of the statutes is amended to read:

AB443,144,23 938.299 (1) (b) Except as provided in par. (av) and s. 938.396, any person who divulges any information which that would identify the juvenile or the family involved in any proceeding under this chapter is subject to ch. 785. This paragraph does not preclude a victim of the juvenile's act from commencing a civil action based upon the juvenile's act.

AB443, s. 311 Section 311. 938.299 (4) (title) of the statutes is created to read:

AB443,144,25 938.299 (4) (title) Evidentiary rules at hearings.

AB443, s. 312 Section 312. 938.299 (4) (b) and (5) of the statutes are amended to read:

AB443,145,15 938.299 (4) (b) Except as provided in s. 901.05, neither common law nor and statutory rules of evidence are not 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 hearing under s. 938.296 (5) for a juvenile who is alleged to have violated s. 946.43 (2m), a dispositional hearing, or any postdispositional hearing 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.

AB443,145,22 (5) Telephone or live audiovisual hearings. On request of any party, unless good cause to the contrary is shown, any hearing under s. 938.209 (1) (a) 5. or 938.21 (1) may be held on the record by telephone or live audiovisual means or testimony may be received by telephone or live audiovisual means as prescribed in under s. 807.13 (2). The request and the showing of good cause for not conducting the hearing or admitting testimony by telephone or live audiovisual means may be made by telephone.

AB443, s. 313 Section 313. 938.299 (6) (title), (7) (title), (8) (title) and (9) (title) of the statutes are created to read:

AB443,145,25 938.299 (6) (title) Establishment of paternity when man alleges paternity.

AB443,146,1 (7) (title) Establishment of paternity when no man alleges paternity.

AB443,146,2 (8) (title) Testimony of juvenile's mother relating to paternity.

AB443,146,3 (9) (title) American Indian juvenile; tribal court involvement.

AB443, s. 314 Section 314. 938.299 (9) (a) and (b) of the statutes are amended to read:

AB443,146,11 938.299 (9) (a) If a petition under s. 938.12 or 938.13 (12) includes the statement in s. 938.255 (1) (cr) 2. or if the court is informed during a proceeding under s. 938.12 or 938.13 (12) that a petition relating to the delinquent act has been filed in a tribe's court with respect to a juvenile to whom the circumstances specified in s. 938.255 (1) (cr) 1. apply, the court shall stay the proceeding and communicate with the tribal court in which the other proceeding is or may be pending to discuss which court may be is the more appropriate forum.

AB443,146,16 (b) If the court and tribal court either mutually agree or agree under the terms of an established judicial protocol applicable to the court that the tribal court would be is the more appropriate forum, the court shall dismiss the petition without prejudice or stay the proceeding. The court's decision shall be based on the best interests of the juvenile and of the public.

AB443, s. 315 Section 315. 938.30 (1) (title) of the statutes is created to read:

AB443,146,18 938.30 (1) (title) Time of hearing.

AB443, s. 316 Section 316. 938.30 (2) of the statutes is amended to read:

AB443,147,2 938.30 (2) Information to juvenile and parents; basic rights; substitution. At or before the commencement of the hearing under this section the juvenile and the parent, guardian, or legal custodian shall be advised of their rights as specified in s. 938.243 and shall be informed that the hearing shall be to the court and that a request for a substitution of judge under s. 938.29 must be made before the end of the plea hearing or be is waived. Nonpetitioning parties, including the juvenile, shall be granted a continuance of the plea hearing if they wish to consult with an attorney on the request for a substitution of a judge.

AB443, s. 317 Section 317. 938.30 (3) (title) and (4) (title) of the statutes are created to read:

AB443,147,5 938.30 (3) (title) Juvenile in need of protection or services proceeding; possible pleas.

AB443,147,7 (4) (title) Delinquency and civil law or ordinance proceedings; possible pleas.

AB443, s. 318 Section 318. 938.30 (4) (a), (bm) and (c) of the statutes are amended to read:

AB443,147,11 938.30 (4) (a) Admit some or all of the facts alleged in the petition or citation, however, such a. This plea is an admission only of the commission of the acts and does not constitute an admission of delinquency.

AB443,147,13 (bm) Plead no contest to the allegations, but only if the court permits the juvenile to enter that plea.

AB443,147,17 (c) Except pursuant to in the case of a petition or citation under s. 938.125, state that he or she is not responsible for the acts alleged in the petition by reason of mental disease or defect. This plea shall be joined with an admission under par. (a), a denial under par. (b), or a plea of no contest under par. (bm).

AB443, s. 319 Section 319. 938.30 (4m) of the statutes is renumbered 938.30 (4m) (intro.) and amended to read:

AB443,147,24 938.30 (4m) Court to inquire about notice to victims. (intro.) Before accepting a plea under sub. (4) in a proceeding in which a juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection or services under s. 938.13 (12), the court shall inquire of the district attorney or corporation counsel whether he as to all of the following:

AB443,148,2 (a) Whether he or she has complied with s. ss. 938.265 and whether he or she has complied with s. 938.27 (4m), whether any.

AB443,148,5 (b) Whether any of the known victims requested notice of the date, time, and place of the plea hearing and, if so, whether the district attorney or corporation counsel provided to the victim that notice of the date, time and place of the hearing.

AB443, s. 320 Section 320. 938.30 (5) (title) of the statutes is created to read:

AB443,148,7 938.30 (5) (title) Not competent or not responsible.

AB443, s. 321 Section 321. 938.30 (5) (a) 2., (c) (intro.) and (d) (intro.) of the statutes are amended to read:

AB443,148,15 938.30 (5) (a) 2. If the juvenile denies the allegations in the petition or citation, the court shall hold a fact-finding hearing on the allegations in the petition or citation as provided under s. 938.31. If, at the end of the fact-finding after the hearing, the court finds that the allegations in the petition have been proven, the court shall immediately hold a hearing to determine whether the juvenile was not responsible by reason of mental disease or defect.

AB443,148,18 (c) (intro.) If the court finds that the juvenile was not responsible by reason of mental disease or defect, as described under s. 971.15 (1) and (2), the court shall dismiss the petition with prejudice and shall also do one of the following:

AB443,148,21 (d) (intro.) If the court finds that the juvenile is not competent to proceed, as described in s. 971.13 (1) and (2), the court shall suspend proceedings on the petition and shall also do one of the following:

AB443, s. 322 Section 322. 938.30 (5) (e) 1. of the statutes is renumbered 938.30 (5) (e) 1. (intro.) and amended to read:

AB443,149,8 938.30 (5) (e) 1. (intro.) A juvenile who is not competent to proceed, as described in s. 971.13 (1) and (2), but who is likely to become competent to proceed within 12 months or within the time period of the maximum sentence that may be imposed on an adult for the most serious delinquent act with which the juvenile is charged, whichever is less, and who is committed under s. 51.20 following an order under par. (d) 1. or who is placed under a dispositional order following an order under par. (d) 2., shall be periodically reexamined with written reports of those reexaminations to be submitted to the court every 3 months and within 30 days before the expiration of the juvenile's commitment or dispositional order. Each report shall indicate either that the one of the following:

AB443,149,9 a. That the juvenile has become competent, that the.

AB443,149,12 b. That the juvenile remains incompetent but that attainment of competence is likely within the remaining period of the commitment or dispositional order or that the.

AB443,149,14 c. That the juvenile has not made such progress that attainment of competency is likely within the remaining period of the commitment or dispositional order.

AB443, s. 323 Section 323. 938.30 (6) (title) of the statutes is created to read:

AB443,149,16 938.30 (6) (title) Uncontested petitions; disposition.

AB443, s. 324 Section 324. 938.30 (6) (b) and (c) and (7) of the statutes are amended to read:

AB443,150,2 938.30 (6) (b) If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a that statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of workforce development under s. 49.22 (9) and listing the factors that a court may consider under s. 301.12 (14) (c).

AB443,150,15 (c) If the court orders the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and juvenile's parent to the court or if the court orders the juvenile's parent to provide that statement to the designated agency under s. 938.33 (1) and that the designated agency is not the county department, the court shall also order the juvenile's parent to provide that the statement to the county department at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The county department shall provide, without charge, to the parent a form on which to provide that the statement, and the parent shall provide that the statement on that the form. The county department shall use the information provided in the statement to determine whether the department may claim federal foster care and adoption assistance reimbursement under 42 USC 670 to 679a for the cost of providing care for the juvenile.

AB443,150,20 (7) Contested petitions or citations; date for fact-finding hearing. If the petition or citation is contested, the court shall set a date for the fact-finding hearing which that allows a reasonable time for the parties to prepare but is no more than 20 days from the plea hearing for a juvenile who is held in secure custody and no more than 30 days from the plea hearing for a juvenile who is not held in secure custody.

Note: Provides, in s. 938.30 (6) (c), stats., that the statement of income, assets, debts, and living expenses shall indicate those of the juvenile as well as the parent.

AB443, s. 325 Section 325. 938.30 (8) (title) of the statutes is created to read:

AB443,150,22 938.30 (8) (title) Admission or no contest plea; inquiries required.

AB443, s. 326 Section 326. 938.30 (8) (b) and (9) of the statutes are amended to read:

AB443,151,4 938.30 (8) (b) Establish whether any promises or threats were made to elicit a plea and alert explain to unrepresented parties to the possibility that a lawyer may discover defenses or mitigating circumstances which that would not be apparent to them.

AB443,151,9 (9) Hearings conducted by court commissioner; court to review. If a circuit court commissioner conducts the plea hearing and accepts an admission of the alleged facts in a petition brought under s. 938.12 or 938.13, the judge court shall review the admission at the beginning of the dispositional hearing by addressing the parties and making the inquires set forth in under sub. (8).

AB443, s. 327 Section 327. 938.30 (10) (title) of the statutes is created to read:

AB443,151,11 938.30 (10) (title) Telephone or live audiovisual participation.

AB443, s. 328 Section 328. 938.31 (1) (title), (2) (title) and (4) (title) of the statutes are created to read:

AB443,151,14 938.31 (1) (title) Definition.

AB443,151,15 (2) (title) Hearing to the court; procedures.

AB443,151,16 (4) (title) Findings by court.

AB443, s. 329 Section 329. 938.31 (7) of the statutes is amended to read:

AB443,151,23 938.31 (7) Date for dispositional hearing. (a) At the close of the fact-finding hearing, the court shall set a date for the dispositional hearing which that allows a reasonable time for the parties to prepare but is no more than 10 days after the fact-finding hearing for a juvenile in secure custody and no more than 30 days after the fact-finding hearing for a juvenile not held in secure custody. If all parties consent, the court may immediately proceed with a dispositional hearing.

AB443,152,8 (b) If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent, to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a the statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of workforce development under s. 49.22 (9) and listing the factors that a court may consider under s. 301.12 (14) (c).

AB443,152,21 (c) If the court orders the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and juvenile's parent to the court or if the court orders the juvenile's parent to provide that the statement to the designated agency under s. 938.33 (1) and that the designated agency is not the county department, the court shall also order the juvenile's parent to provide that the statement to the county department at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The county department shall provide, without charge, to the parent a form on which to provide that the statement, and the parent shall provide that the statement on that the form. The county department shall use the information provided in the statement to determine whether the department may claim federal foster care and adoption assistance reimbursement under 42 USC 670 to 679a for the cost of providing care for the juvenile.

Note: See the Note to s. 938.30 (6) (b) and (c), stats., as affected by this bill.

AB443, s. 330 Section 330. 938.315 (1) (intro.) of the statutes is amended to read:

AB443,152,24 938.315 (1) Time periods to be excluded. (intro.) The following time periods shall be excluded in computing time requirements within under this chapter:

AB443, s. 331 Section 331. 938.315 (1) (a) of the statutes is renumbered 938.315 (1) (a) (intro.) and amended to read: