Note: 2009 Wis. Act 94, section
388, repealed and recreated s. 938.38 (5) (e)
without taking cognizance of the repeal and recreation of the provision by
2009 Wis. Act
79, section
170. There is no mutual inconsistency between the treatments made by the
two acts, and the substantive changes made by Act 79 are made here in order to give effect
to both acts.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 938.38 (5m) (b) reads:
(b) Not less than 30 days before the date of the hearing, the court shall notify the
juvenile; the juvenile's parent, guardian, and legal custodian; and the juvenile's foster
parent or treatment foster parent, the operator of the facility in which the juvenile is
living, or the relative with whom the juvenile is living of the time, place, and purpose of
the hearing, of the issues to be determined at the hearing, and of the fact that they shall
have a right to be heard at the hearing as provided in par. (c) 1. and shall notify the
juvenile's counsel and the juvenile's guardian ad litem; the agency that prepared the
permanency plan; the person representing the interests of the public; and, if the juvenile
is an Indian juvenile who is placed outside the home of his or her parent or Indian
custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and
tribe of the time, place, and purpose of the hearing, of the issues to be determined at the
hearing, and of the fact that they may have an opportunity to be heard at the hearing as
provided in par. (c) 1.
SB285,54,26
938.38
(5m) (b) Not less than 30 days before the date of the hearing, the court
7shall notify the juvenile; the juvenile's parent, guardian, and legal custodian;
and the
8juvenile's foster parent, the operator of the facility in which the juvenile is living, or
9the relative with whom the juvenile is living
; of the time, place, and purpose of the
10hearing, of the issues to be determined at the hearing, and of the fact that they shall
11have a right to be heard at the hearing as provided in par. (c) 1. and shall notify the
12juvenile's counsel and the juvenile's guardian ad litem; the agency that prepared the
13permanency plan; the person representing the interests of the public; and, if the
14juvenile is an Indian juvenile who is placed outside the home of his or her parent or
15Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian
16custodian and tribe of the
date, time,
and place
, and purpose of the hearing
, of the
1issues to be determined at the hearing, and of the fact that they may have an
2opportunity to be heard at the hearing as provided in par. (c) 1.
Note: 2009 Wis. Act 94, section
390, repealed and recreated s. 48.38 (5m) (b)
without taking cognizance of the repeal and recreation of the provision by
2009 Wis. Act
79, section
172. There is no mutual inconsistency between the treatments made by the
two acts, and the substantive changes made by Act 79 are made here in order to give effect
to both acts.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 938.38 (5m) (d) reads:
(d) At least 5 days before the date of the hearing the agency that prepared the
permanency plan shall provide a copy of the permanency plan and any written comments
submitted under par. (c) 1. to the court, to the juvenile's parent, guardian, and legal
custodian, to the person representing the interests of the public, to the juvenile's counsel
or guardian ad litem, and, if the juvenile is an Indian juvenile who is placed outside the
home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), to the
Indian juvenile's Indian custodian and tribe. Notwithstanding s. 938.78 (2) (a), the
person representing the interests of the public, the juvenile's counsel or guardian ad
litem, and, if the juvenile is an Indian juvenile who is placed outside the home of his or
her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's
Indian custodian and tribe may have access to any other records concerning the juvenile
for the purpose of participating in the review. A person permitted access to a juvenile's
records under this paragraph may not disclose any information from the records to any
other person.
SB285,54,147
938.48
(8p) Indian juvenile placements. Reimburse Indian tribes and county
8departments, from the appropriation under s. 20.410
(1) (3) (kp), for unexpected or
9unusually high-cost out-of-home care placements of Indian juveniles who have
10been adjudicated delinquent by tribal courts. In this subsection, "unusually
11high-cost out-of-home care placements" means the amount by which the cost to an
12Indian tribe or to a county department of out-of-home care placements of Indian
13juveniles who have been adjudicated delinquent by tribal courts exceeds $50,000 in
14a fiscal year.
Note: Corrects cross-reference. Sections 20.410 (3) (kp) and 938.48 (8p) relate to
Indian juvenile placements. Section 20.410 (1) (kp) relates to correctional officer training
under s. 301.28.
SB285, s. 115
1Section
115. 941.29 (1) (f) of the statutes is amended to read:
SB285,55,72
941.29
(1) (f) Enjoined under an injunction issued under s. 813.12 or 813.122
3or under a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court
4established by any federally recognized Wisconsin Indian tribe or band, except the
5Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he
6or she is subject to the requirements and penalties under
s. 941.29 this section and
7that has been filed under s. 806.247 (3).
Note: Corrects citation form.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 961.50 (1) (intro.) reads:
(1) If a person is convicted of any violation of this chapter, the court may, in
addition to any other penalties that may apply to the crime, suspend the person's
operating privilege, as defined in s. 340.01 (40), for not less than 6 months nor more than
5 years. If a court suspends a person's operating privilege under this subsection, the court
may take possession of any suspended license. If the court takes possession of a license,
it shall destroy the license. The court shall forward to the department of transportation
the record of conviction and notice of the suspension. The person is eligible for an
occupational license under s. 343.10 as follows:
SB285, s. 117
10Section
117. 971.17 (1g) (title) of the statutes is created to read:
SB285,55,1111
971.17
(1g) (title)
Notice of restriction on firearm possession.
Note: The other subsections in s. 971.17 have titles.
SB285, s. 118
12Section
118. 973.195 (1r) (e) of the statutes is amended to read:
SB285,55,1713
973.195
(1r) (e) Notwithstanding the confidentiality of victim address
14information obtained under s.
302.113 (9g) (g) 3.
302.1135 (7) (c), a district attorney
15who is required to send notice to a victim under par. (d) may obtain from the clerk
16of the circuit court victim address information that the victim provided to the clerk
17under s.
302.113 (9g) (g) 3. 302.1135 (7) (c).
Note: Corrects cross-reference. Section 302.113 (9g) (g) 3. was renumbered to s.
302.1135 (7) (c) by
2009 Wis. Act 28.
Note: "(br)" was deleted without being shown as stricken. The change was
intended but the characters "(b) (r)", which were not a part of the statute text, were shown
as stricken instead.
Note: "governing body" was deleted without being shown as stricken. The change
was intended.
Note: A comma was inserted without being shown as underscored. The change
was intended.
Note: A blank space was stricken and scored. No change was intended.
Note: A comma was deleted without being shown as stricken. The change was
intended.
Note: "(4)" was deleted without being stricken. The change was intended but the
characters "(14)", which were not a part of the statute text, were shown as stricken
instead.
Note: "Or" was deleted without being shown as stricken. The change was
intended.