SB300: Bill Text

Note: Under s. 938.355 (2) (b) 7., stats., a delinquency or JIPS dispositional order may state the conditions with which the juvenile must comply. If school attendance is a condition, current law requires that the order direct the school board or the governing body of a private school to notify the court within 5 days of a violation of this condition. The bill requires that the court order request that a tribal school do so.

SB300, s. 99 Section 99. 938.396 (1), (1m), (1p) and (7) of the statutes are amended to read:

SB300,54,4 938.396 (1) Law enforcement officers' records of juveniles shall be kept separate from records of adults. Law enforcement officers' records of juveniles shall not be open to inspection or their contents disclosed except under sub. (1b), (1d), (1g), (1m), (1r), (1t), (1x), or (5) or s. 938.293 or by order of the court. This subsection does not apply to representatives of the news media who wish to obtain information for the purpose of reporting news without revealing the identity of the juvenile involved, to the confidential exchange of information between the police and officials of the public or private school attended by the juvenile or other law enforcement or social welfare agencies or to juveniles 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction. A public school official who obtains information under this subsection shall keep the information confidential as required under s. 118.125, and a private school official who obtains information under this subsection shall keep the information confidential in the same manner as is required of a public school official under s. 118.125. This subsection does not apply to the confidential exchange of information between the police and officials of the tribal school attended by the juvenile if the police determine that enforceable protections are provided by a tribal school policy or tribal law that requires tribal school officials to keep the information confidential in a manner at least as stringent as is required of a public school official under s. 118.125. A law enforcement agency that obtains information under this subsection shall keep the information confidential as required under this subsection and s. 48.396 (1). A social welfare agency that obtains information under this subsection shall keep the information confidential as required under ss. 48.78 and 938.78.

Note: Current law provides that the subsection which specifies that, subject to certain exceptions, law enforcement records relating to juveniles under ch. 938, stats. (juvenile justice code), are confidential does not apply to the confidential exchange of information between the police and school officials. Current law further requires that public school officials who obtain information under this provision keep the information confidential as required in s. 118.125, stats. (relating to the confidentiality of pupil records). Current law also requires that private school officials who obtain information under this provision keep the information confidential in the same manner as is required of a public school official.

The bill permits the police to confidentially exchange information with tribal school officials if the police determine 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.

SB300,55,2 (1m) (a) A law enforcement agency, on its own initiative or on At the request of the a school district administrator of a public school district, the, administrator of a private school, or administrator of a tribal school or the designee of the a school district administrator or the, private school administrator, or tribal school administrator, or on its own initiative, a law enforcement agency may, subject to official agency policy, provide to the school district administrator, private school administrator, or tribal school administrator or designee any information in its records relating to the use, possession, or distribution of alcohol or a controlled substance or controlled substance analog by a juvenile enrolled in the public school district or, private school, or tribal school. The information shall be used by the school district or private school as provided under s. 118.127 (2). The official agency policy shall specify that the information may not be provided to the administrator of a tribal school or the tribal school administrator's designee unless the governing body of the tribal school agrees that the information will be used by the tribal school as provided under s. 118.127 (2).

SB300,55,16 (am) A law enforcement agency, on its own initiative or on At the request of the a school district administrator of a public school district, the, administrator of a private school, or administrator of a tribal school or the designee of the a school district administrator or the, private school administrator, or tribal school administrator, or on its own initiative, a law enforcement agency, may, subject to official agency policy, provide to the school district administrator, private school administrator, or tribal school administrator or designee any information in its records relating to the illegal possession by a juvenile of a dangerous weapon, as defined in s. 939.22 (10). The information shall be used by the school district or private school as provided in s. 118.127 (2). The official agency policy shall specify that the information may not be provided to the administrator of a tribal school or the tribal school administrator's designee unless the governing body of the tribal school agrees that the information will be used by the tribal school as provided under s. 118.127 (2).

SB300,56,7 (ar) A law enforcement agency, on its own initiative or on At the request of the a school district administrator of a public school district, the, administrator of a private school, or administrator of a tribal school or the designee of the a school district administrator or the, private school administrator, or tribal school administrator, or on its own initiative, a law enforcement agency may, subject to official agency policy, provide to the school district administrator, private school administrator, or tribal school administrator or designee any information in its records relating to an act for which a juvenile enrolled in the school district or, private school, or tribal school was taken into custody under s. 938.19 based on a law enforcement officer's belief that the juvenile was committing or had committed a violation of any state or federal criminal law. The information shall be used by the school district or private school as provided in s. 118.127 (2). The official agency policy shall specify that the information may not be provided to the administrator of a tribal school or the tribal school administrator's designee unless the governing body of the tribal school agrees that the information will be used by the tribal school as provided under s. 118.127 (2).

SB300,56,21 (b) A law enforcement agency, on its own initiative or on At the request of the a school district administrator of a public school district, the, administrator of a private school, or administrator of a tribal school or the designee of the a school district administrator or the, private school administrator, or tribal school administrator, or on its own initiative, a law enforcement agency may, subject to official agency policy, provide to the school district administrator, private school administrator, tribal school administrator, or designee any information in its records relating to the act for which a juvenile enrolled in the public school district or, private school, or tribal school was adjudged delinquent. The information shall be used by the school district or private school as provided in s. 118.127 (2). The official agency policy shall specify that the information may not be provided to the administrator of a tribal school or the tribal school administrator's designee unless the governing body of the tribal school agrees that the information will be used by the tribal school as provided under s. 118.127 (2).

SB300,57,9 (c) On petition of a law enforcement agency to review pupil records, as defined in s. 118.125 (1) (d), other than pupil records that may be disclosed without a court order under s. 118.125 (2) or (2m), for the purpose of investigating alleged delinquent or criminal activity, the court may order the school board of the school district, or the governing body of the private school, in which a juvenile is enrolled to disclose to the law enforcement agency the pupil records of that juvenile as necessary for the law enforcement agency to pursue its investigation. The court may request that the governing body of the tribal school in which a juvenile is enrolled disclose to the law enforcement agency the pupil records of that juvenile as necessary for the law enforcement agency to pursue its investigation. The law enforcement agency may use the pupil records only for the purpose of its investigation and may make the pupil records available only to employees of the law enforcement agency who are working on the investigation.

SB300,57,14 (1p) A law enforcement agency may enter into an interagency agreement with a school board, a private school, a tribal school, a social welfare agency, or another law enforcement agency providing for the routine disclosure of information under subs. (1) and (1m) to the school board, private school, tribal school, social welfare agency, or other law enforcement agency.

Note: Under current law, a law enforcement agency may, on its own initiative or on the request of a public or private school, disclose certain information to the public or private school. The school is then required to use the information as provided in s. 118.127 (2), stats., which generally prohibits disclosure except to certain individuals. The law enforcement agency may do so only subject to official agency policy. The bill permits a law enforcement agency to also disclose information to a tribal school but requires that the law enforcement agency policy specify that the law enforcement agency cannot provide information to a tribal school unless the governing body of the tribal school agrees that the information will be used by the tribal school in the same manner as public and private schools as provided under s. 118.127 (2)., stats., above.

The bill also permits a law enforcement agency to enter into an interagency agreement with a tribal school to disclose information under s. 938.396 (1) and (1m), stats.

SB300,58,9 (7) (a) Notwithstanding sub. (2) (a), if a petition under s. 938.12 or 938.13 (12) is filed alleging that a juvenile has committed a delinquent act that would be a felony if committed by an adult, the court clerk shall notify the school board of the school district, or the governing body of the private school, or the governing body of the tribal school in which the juvenile is enrolled or the designee of the school board or governing body of the fact that the petition has been filed and the nature of the delinquent act alleged in the petition. Notwithstanding sub. (2) (a), if later the proceeding on the petition is closed, dismissed, or otherwise terminated without a finding that the juvenile has committed a delinquent act, the court clerk shall notify the school board of the school district or the governing body of the private school or tribal school in which the juvenile is enrolled or the school board's or governing body's designee that the proceeding has been terminated without a finding that the juvenile has committed a delinquent act.

SB300,58,17 (am) Notwithstanding sub. (2) (a) and subject to par. (b), if a juvenile is adjudged delinquent, within 5 days after the date on which the dispositional order is entered, the court clerk shall notify the school board of the school district, or the governing body of the private school, or the governing body of the tribal school in which the juvenile is enrolled or the designee of the school board or governing body of the fact that the juvenile has been adjudicated delinquent, the nature of the violation committed by the juvenile, and the disposition imposed on the juvenile under s. 938.34 as a result of the violation.

SB300,59,2 (ar) Notwithstanding sub. (2) (a), if school attendance is a condition of a dispositional order under s. 938.342 (1d) or (1g) or 938.355 (2) (b) 7., within 5 days after the date on which the dispositional order is entered, the clerk of the court assigned to exercise jurisdiction under this chapter and ch. 48 or the clerk of the municipal court exercising jurisdiction under s. 938.17 (2) shall notify the school board of the school district, or the governing body of the private school, or the governing body of the tribal school in which the juvenile is enrolled or the designee of the school board or governing body of the fact that the juvenile's school attendance is a condition of a dispositional order.

SB300,59,12 (b) If a juvenile is found to have committed a delinquent act at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9), that would have been a felony under chs. 939 to 948 or 961 if committed by an adult and is adjudged delinquent on that basis, within 5 days after the date on which the dispositional order is entered the court clerk shall notify the school board of the school district, or the governing body of the private school, or the governing body of the tribal school in which the juvenile is enrolled or the designee of the school board or governing body of the fact that the juvenile has been adjudicated delinquent on that basis, the nature of the violation committed by the juvenile and the disposition imposed on the juvenile under s. 938.34 as a result of that violation.

SB300,59,25 (bm) Notwithstanding sub. (2) (a), in addition to the disclosure made under par. (am) or (b), if a juvenile is adjudicated delinquent and as a result of the dispositional order is enrolled in a different school district or, private school, or tribal school from the school district or, private school , or tribal school in which the juvenile is enrolled at the time of the dispositional order, the court clerk, within 5 days after the date on which the dispositional order is entered, shall provide the school board of the juvenile's new school district, the governing body of the juvenile's new private school or tribal school, or the designee of the school board or governing body with the information specified in par. (am) or (b), whichever is applicable, and, in addition, shall notify that school board, governing body, or designee of whether the juvenile has been adjudicated delinquent previously by that court, the nature of any previous violations committed by the juvenile and the dispositions imposed on the juvenile under s. 938.34 as a result of those previous violations.

SB300,61,7 (c) No information from the juvenile's court records, other than information disclosed under par. (a), (am), (ar), (b), or (bm), may be disclosed to the school board of the school district, or the governing body of the private school, or the governing body of the tribal school in which the juvenile is enrolled or the designee of the school board or governing body except by order of the court. Any information provided under this subsection to the school board of the school district, or the governing body of the private school, in which the juvenile is enrolled or the designee of the school board or governing body shall be disclosed by the school board, governing body, or designee to employees of the school district or private school who work directly with the juvenile or who have been determined by the school board, governing body, or designee to have legitimate educational interests, including safety interests, in the information. A school district or private school employee to whom information is disclosed under this paragraph may not further disclose the information. If information is disclosed to the governing body of a tribal school under this subsection, the court shall request that the governing body or its designee disclose the information to employees who work directly with the juvenile or who have been determined by the governing body or its designee to have legitimate educational interests, including safety interests, in the information, and shall further request that the governing body prohibit any employee to whom information is disclosed under this paragraph from further disclosing the information. A school board may not use any information provided under this subsection as the sole basis for expelling or suspending a juvenile or as the sole basis for taking any other disciplinary action, including action under the school district's athletic code, against the juvenile. A member of a school board or of the governing body of a private school or tribal school or an employee of a school district or, private school, or tribal school may not be held personally liable for any damages caused by the nondisclosure of any information specified in this paragraph unless the member or employee acted with actual malice in failing to disclose the information. A school district or, private school, or tribal school may not be held liable for any damages caused by the nondisclosure of any information specified in this paragraph unless the school district, private school, or tribal school, or its agent acted with gross negligence or with reckless, wanton, or intentional misconduct in failing to disclose the information.

Note: Under current law, juvenile court records relating to ch. 938 proceedings are confidential unless an exception is specified in the statutes. Those exceptions include a requirement that the clerk of juvenile court notify the school board of the school district or the governing body of a private school, or their designee, of certain matters relating to a juvenile delinquency or JIPS proceeding or adjudication. The bill additionally requires that the clerk notify the governing body of a tribal school, or its designee, of those matters.

Current law requires that the school board or governing body of a private school disclose this information to employees who work directly with the juvenile or who have been determined by the governing body, or its designee, to have legitimate educational interests, including safety interests, in the information. Current law prohibits the employee from further disclosing this information. The bill requires the court to request that the governing body of a tribal school, or its designee, disclose the information to those employees and request that the governing body prohibit those employees from further disclosing the information. The bill extends the immunity protections under state law to employees of the tribal school.

Extending the immunity protections to employees of the tribal school does not affect whatever right tribal school employees have to raise a defense of tribal sovereign immunity if sued for redisclosure of the information.

SB300, s. 100 Section 100. 938.78 (2) (b) of the statutes is amended to read:

SB300,62,10 938.78 (2) (b) 1. Paragraph (a) does not apply to the confidential exchange of information between an agency and another social welfare agency, a law enforcement agency, the victim-witness coordinator, a fire investigator under s. 165.55 (15), a public school district, or a private school regarding an individual in the care or legal custody of the agency. A social welfare agency that obtains information under this paragraph shall keep the information confidential as required under this section and s. 48.78. A law enforcement agency that obtains information under this paragraph shall keep the information confidential as required under ss. 48.396 (1) and 938.396 (1). A public school that obtains information under this paragraph shall keep the information confidential as required under s. 118.125, and a private school that obtains information under this paragraph shall keep the information confidential in the same manner as is required of a public school under s. 118.125. Paragraph (a) does not apply to the confidential exchange of information between an agency and officials of a tribal school regarding an individual in the care or legal custody of the agency if the agency determines that enforceable protections are provided by a tribal school policy or tribal law that requires tribal school officials to keep the information confidential in a manner at least as stringent as is required of a public school official under s. 118.125.

SB300,62,15 1m. An agency may enter into an interagency agreement with a school board, a private school, a tribal school, a law enforcement agency, or another social welfare agency providing for the routine disclosure of information under subd. 1. to the school board, private school, tribal school, law enforcement agency, or other social welfare agency.

SB300,63,2 2. On petition of an agency to review pupil records, as defined in s. 118.125 (1) (d), other than pupil records that may be disclosed without court order under s. 118.125 (2) or (2m), for the purpose of providing treatment or care for an individual in the care or legal custody of the agency, the court may order the school board of the school district, or the governing body of the private school, in which an individual is enrolled to disclose to the agency the pupil records of the individual as necessary for the agency to provide that treatment or care. The court may request the governing body of the tribal school in which an individual is enrolled to disclose to the agency the pupil records of the individual as necessary for the agency to provide that treatment or care. The agency may use the pupil records only for the purpose of providing treatment or care and may make the pupil records available only to employees 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 Section 101. 939.632 (1) (a) and (d) 3. of the statutes are amended to read:

SB300,63,8 939.632 (1) (a) "School" means a public school, parochial or private school, or tribal school, as defined in s. 115.001 (16), that provides an educational program for one or more grades between grades 1 and 12 and that is commonly known as an elementary school, middle school, junior high school, senior high school, or high school.

SB300,63,11 (d) 3. On a school bus or public transportation transporting students to and from a public or private school or to and from a tribal school, as defined in s. 115.001 (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 Section 102. 944.21 (8) (b) 2. of the statutes is amended to read:

SB300,63,14 944.21 (8) (b) 2. A private school, as defined in s. 115.001 (3r), or a tribal school, as 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 Section 103. 948.095 (1) (a) of the statutes is amended to read:

SB300,64,3 948.095 (1) (a) "School" means a public or private elementary or secondary school, 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 Section 104. 948.11 (4) (b) 2. of the statutes is amended to read:

SB300,64,6 948.11 (4) (b) 2. A private school, as defined in s. 115.001 (3r), or a tribal school, as 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 Section 105. 948.50 (2) (a) of the statutes is amended to read:

SB300,64,12 948.50 (2) (a) "School" means a public school, parochial or private school, or tribal school, as defined in s. 115.001 (16), which provides an educational program for one or more grades between kindergarten and grade 12 and which is commonly known as a kindergarten, elementary school, middle school, junior high school, senior 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 Section 106. 948.61 (1) (b) of the statutes is amended to read:

SB300,64,18 948.61 (1) (b) "School" means a public school, parochial or private school, or tribal school, as defined in s. 115.001 (16), which provides an educational program for one or more grades between grades 1 and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school, or high school.

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 Section 107. 961.49 (1m) (b) 6. of the statutes, as affected by 2005 Wisconsin Act 14, is amended to read:

SB300,65,4 961.49 (1m) (b) 6. Any private or public school premises and any premises of a 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 Section 108. 961.495 of the statutes is amended to read:

SB300,66,6 961.495 Possession or attempted possession of a controlled substance on or near certain places. If any person violates s. 961.41 (3g) by possessing or attempting to possess a controlled substance included in schedule I or II, a controlled substance analog of a controlled substance included in schedule I or II or ketamine or flunitrazepam while in or on the premises of a scattered-site public housing project, while in or on or otherwise within 1,000 feet of a state, county, city, village, or town park, a jail or correctional facility, a multiunit public housing project, a swimming pool open to members of the public, a youth center or a community center, while in or on or otherwise within 1,000 feet of any private or public school premises or of any premises of a tribal school, as defined in s. 115.001 (16), or while in or on or otherwise within 1,000 feet of a school bus, as defined in s. 340.01 (56), the court shall, in addition to any other penalties that may apply to the crime, impose 100 hours of community service work for a public agency or a nonprofit charitable organization. The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored. Any organization or agency acting in good faith to which a defendant is assigned pursuant to an order under this section has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the defendant.

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 Section 109. Initial applicability.

SB300,66,9 (1) The treatment of sections 15.377 (4) (f) and (8) (c) 14. and 15.57 (3) of the statutes first applies to appointments made on the effective date of this subsection.

SB300,66,11 (2) The treatment of section 45.396 (2) of the statutes first applies to courses completed on the effective date of this subsection.

SB300,66,15 (3) The treatment of sections 48.345 (12) (a) 5., 48.355 (2) (c), 938.34 (7d) (a) 5., 938.342 (1r), 938.355 (2) (c), and 938.396 (7) (am), (ar), (b), (bm), and (c) of the statutes first applies to dispositional orders issued on the effective date of this subsection.

SB300,66,16 (End)