SB300,62,1511 1m. An agency may enter into an interagency agreement with a school board,
12a private school, a tribal school, a law enforcement agency, or another social welfare
13agency providing for the routine disclosure of information under subd. 1. to the school
14board, private school, tribal school, law enforcement agency, or other social welfare
15agency.
SB300,63,216 2. On petition of an agency to review pupil records, as defined in s. 118.125 (1)
17(d), other than pupil records that may be disclosed without court order under s.
18118.125 (2) or (2m), for the purpose of providing treatment or care for an individual
19in the care or legal custody of the agency, the court may order the school board of the
20school district, or the governing body of the private school, in which an individual is
21enrolled to disclose to the agency the pupil records of the individual as necessary for
22the agency to provide that treatment or care. The court may request the governing
23body of the tribal school in which an individual is enrolled to disclose to the agency
24the pupil records of the individual as necessary for the agency to provide that
25treatment or care.
The agency may use the pupil records only for the purpose of

1providing treatment or care and may make the pupil records available only to
2employees of the agency who are providing treatment or care for the individual.
Note: Section 938.78, stats., provides that, subject to certain exceptions, the
Department of Corrections, a county department of human services or county
department of social services, or a licensed child welfare agency (collectively referred to
as agency) must keep its ch. 938 records confidential. Section 938.78 (2) (b), stats.,
provides the exception that permits the confidential exchange of information with a
public or private school which is then required to keep the information confidential if
required to do so under the pupil records statute.
The bill permits an agency to confidentially exchange information with a tribal
school if the agency determines that a tribal school policy or tribal law provides
enforceable protections that require tribal school officials to keep the information
confidential in a manner at least as stringent as is required of public and private school
officials. The bill also permits interagency agreements for the disclosure of information
to include tribal schools and permits the court to request a tribal school to disclose
information necessary for the agency to provide care and treatment.
SB300, s. 101 3Section 101. 939.632 (1) (a) and (d) 3. of the statutes are amended to read:
SB300,63,84 939.632 (1) (a) "School" means a public school, parochial or private school, or
5tribal school, as defined in s. 115.001 (16),
that provides an educational program for
6one or more grades between grades 1 and 12 and that is commonly known as an
7elementary school, middle school, junior high school, senior high school, or high
8school.
SB300,63,119 (d) 3. On a school bus or public transportation transporting students to and
10from a public or private school or to and from a tribal school, as defined in s. 115.001
11(16)
.
Note: Current statutes provide an enhanced penalty for violent crimes committed
in a school zone, which includes on the premises of or within 1,000 feet of the school
premises, on a school bus or public transportation transporting pupils to and from school,
and at school bus stops. The bill adds tribal schools to the definition of a "school" for the
purpose of the penalty enhancement.
SB300, s. 102 12Section 102. 944.21 (8) (b) 2. of the statutes is amended to read:
SB300,63,1413 944.21 (8) (b) 2. A private school, as defined in s. 115.001 (3r), or a tribal school,
14as defined in s. 115.001 (16)
.
Note: Provides that an employee, member of the board of directors, or trustee of
a tribal school, while in his or her capacity as such, may not be prosecuted under s. 944.21,
stats. (crimes relating to obscene materials or performance).
SB300, s. 103
1Section 103. 948.095 (1) (a) of the statutes is amended to read:
SB300,64,32 948.095 (1) (a) "School" means a public or private elementary or secondary
3school, or a tribal school, as defined in s. 115.001 (16).
Note: Current statutes provide that it is a Class H felony for school staff at a public
or private school to have sexual contact or sexual intercourse with a child who is age 16
or older. (If school staff are not involved, it is a class A misdemeanor to have sexual
intercourse with a child age 16 or older.) The bill adds tribal schools to the definition of
"school" for this purpose.
SB300, s. 104 4Section 104. 948.11 (4) (b) 2. of the statutes is amended to read:
SB300,64,65 948.11 (4) (b) 2. A private school, as defined in s. 115.001 (3r), or a tribal school,
6as defined in s. 115.001 (16)
.
Note: Provides that an employee, member of the board of directors, or trustee of
a tribal school, while in his or her capacity as such, may not be prosecuted under s. 948.11,
stats. (crimes relating to exposing a child to harmful material or harmful descriptions
or narrations).
SB300, s. 105 7Section 105. 948.50 (2) (a) of the statutes is amended to read:
SB300,64,128 948.50 (2) (a) "School" means a public school, parochial or private school, or
9tribal school, as defined in s. 115.001 (16),
which provides an educational program
10for one or more grades between kindergarten and grade 12 and which is commonly
11known as a kindergarten, elementary school, middle school, junior high school,
12senior high school, or high school.
Note: Current statutes provide a criminal penalty for strip searches of pupils by
school employees. The bill adds tribal schools to the definition of school for this purpose.
(Section 118.32, stats. (prohibiting strip searches), refers to schools without further
definition, and the definition is supplied by s. 948.50, stats.)
SB300, s. 106 13Section 106. 948.61 (1) (b) of the statutes is amended to read:
SB300,64,1814 948.61 (1) (b) "School" means a public school, parochial or private school, or
15tribal school, as defined in s. 115.001 (16),
which provides an educational program
16for one or more grades between grades 1 and 12 and which is commonly known as
17an elementary school, middle school, junior high school, senior high school, or high
18school.

Note: Current law in s. 948.61, stats., provides a criminal penalty for possessing
certain dangerous weapons other than firearms on school premises. Current law in s.
948.605, stats., prohibits possession of a firearm in or on the grounds of a school or within
1,000 feet of a school (school zone) and provides certain criminal penalties under certain
circumstances for the discharge of a firearm in a school zone. The bill adds tribal schools
to the definition of "school" for both of these statutes inasmuch as s. 948.605, stats.,
cross-references the definition in s. 948.61, stats. Under s. 938.34 (14q), stats., additional
consequences for a delinquency disposition also may apply for firearms violation on
school premises. Under s. 973.135, stats., information about a conviction must be
forwarded to DOT.
SB300, s. 107 1Section 107. 961.49 (1m) (b) 6. of the statutes, as affected by 2005 Wisconsin
2Act 14
, is amended to read:
SB300,65,43 961.49 (1m) (b) 6. Any private or public school premises and any premises of
4a tribal school, as defined in s. 115.001 (16)
.
Note: Current statutes provide a criminal penalty for possessing controlled
substances (certain drugs) on or within 1,000 feet of a school. The bill specifies that
possession on or within 1,000 feet of the premises of a tribal school is included in that
crime.
SB300, s. 108 5Section 108. 961.495 of the statutes is amended to read:
SB300,66,6 6961.495 Possession or attempted possession of a controlled substance
7on or near certain places.
If any person violates s. 961.41 (3g) by possessing or
8attempting to possess a controlled substance included in schedule I or II, a controlled
9substance analog of a controlled substance included in schedule I or II or ketamine
10or flunitrazepam while in or on the premises of a scattered-site public housing
11project, while in or on or otherwise within 1,000 feet of a state, county, city, village,
12or town park, a jail or correctional facility, a multiunit public housing project, a
13swimming pool open to members of the public, a youth center or a community center,
14while in or on or otherwise within 1,000 feet of any private or public school premises
15or of any premises of a tribal school, as defined in s. 115.001 (16), or while in or on
16or otherwise within 1,000 feet of a school bus, as defined in s. 340.01 (56), the court
17shall, in addition to any other penalties that may apply to the crime, impose 100
18hours of community service work for a public agency or a nonprofit charitable

1organization. The court shall ensure that the defendant is provided a written
2statement of the terms of the community service order and that the community
3service order is monitored. Any organization or agency acting in good faith to which
4a defendant is assigned pursuant to an order under this section has immunity from
5any civil liability in excess of $25,000 for acts or omissions by or impacting on the
6defendant.
Note: Current statutes provide that for possessing certain drugs on the premises
of or within 1,000 feet of a school, the court must additionally impose 100 hours of
community service work for a public agency or a nonprofit charitable organization. The
bill specifies that the penalty enhancement also applies for possession on or within 1,000
feet of the premises of a tribal school.
SB300, s. 109 7Section 109. Initial applicability.
SB300,66,98 (1) The treatment of sections 15.377 (4) (f) and (8) (c) 14. and 15.57 (3) of the
9statutes first applies to appointments made on the effective date of this subsection.
SB300,66,1110 (2) The treatment of section 45.396 (2) of the statutes first applies to courses
11completed on the effective date of this subsection.
SB300,66,1512 (3) The treatment of sections 48.345 (12) (a) 5., 48.355 (2) (c), 938.34 (7d) (a) 5.,
13938.342 (1r), 938.355 (2) (c), and 938.396 (7) (am), (ar), (b), (bm), and (c) of the
14statutes first applies to dispositional orders issued on the effective date of this
15subsection.
SB300,66,1616 (End)
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