SB285: Bill Text

(d) Notwithstanding s. 938.78 (2) (a), the agency that prepared the permanency plan shall, at least 5 days before a review by a review panel, provide to each person appointed to the review panel, the juvenile's parent, guardian, and legal custodian, the person representing the interests of the public, the juvenile's counsel, the juvenile's 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 a copy of the permanency plan and any written comments submitted under par. (bm) 1. Notwithstanding s. 938.78 (2) (a), a person appointed to a review panel, the person representing the interests of the public, the juvenile's counsel, the juvenile's 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, s. 109 Section 109. The treatment of 938.38 (5) (e) of the statutes by 2009 Wisconsin Act 79, section 169, is not repealed by 2009 Wisconsin Act 94, section 387. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 938.38 (5) (e) reads:

(e) Within 30 days, the agency shall prepare a written summary of the determinations under par. (c) and shall provide a copy to the court that entered the order; the juvenile or the juvenile's counsel or guardian ad litem; the person representing the interests of the public; the juvenile's parent, guardian, and or legal custodian; the juvenile's foster parent or treatment foster parent, the operator of the facility where the juvenile is living, or the relative with whom the juvenile is living; 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.

SB285, s. 110 Section 110 . 938.38 (5) (e) of the statutes, as affected by 2009 Wisconsin Act 94, section 388, is amended to read:

SB285,52,14 938.38 (5) (e) Within 30 days, the agency shall prepare a written summary of the determinations under par. (c) and shall provide a copy to the court that entered the order; the juvenile or the juvenile's counsel or guardian ad litem; the person representing the interests of the public; the juvenile's parent, guardian, or legal custodian; the juvenile's foster parent or, the operator of the facility where the juvenile is living, or the relative with whom the juvenile is living; 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.

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.

SB285, s. 111 Section 111. The treatment of 938.38 (5m) (b) of the statutes by 2009 Wisconsin Act 79, section 171, is not repealed by 2009 Wisconsin Act 94, section 389. Both treatments stand.

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, s. 112 Section 112. 938.38 (5m) (b) of the statutes, as affected by 2009 Wisconsin Act 94, section 390, is amended to read:

SB285,54,2 938.38 (5m) (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, 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 date, time, and 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.

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.

SB285, s. 113 Section 113. The treatment of 938.38 (5m) (d) of the statutes by 2009 Wisconsin Act 79 is not repealed by 2009 Wisconsin Act 94. Both treatments stand.

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, s. 114 Section 114. 938.48 (8p) of the statutes, as affected by 2009 Wisconsin Act 233, is amended to read:

SB285,54,14 938.48 (8p) Indian juvenile placements. Reimburse Indian tribes and county departments, from the appropriation under s. 20.410 (1) (3) (kp), for unexpected or unusually high-cost out-of-home care placements of Indian juveniles who have been adjudicated delinquent by tribal courts. In this subsection, "unusually high-cost out-of-home care placements" means the amount by which the cost to an Indian tribe or to a county department of out-of-home care placements of Indian juveniles who have been adjudicated delinquent by tribal courts exceeds $50,000 in a 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 Section 115. 941.29 (1) (f) of the statutes is amended to read:

SB285,55,7 941.29 (1) (f) Enjoined under an injunction issued under s. 813.12 or 813.122 or under a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under s. 941.29 this section and that has been filed under s. 806.247 (3).

Note: Corrects citation form.

SB285, s. 116 Section 116. The treatment of 961.50 (1) (intro.) of the statutes by 2009 Wisconsin Act 8 is not repealed by 2009 Wisconsin Act 103. Both treatments stand.

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 Section 117. 971.17 (1g) (title) of the statutes is created to read:

SB285,55,11 971.17 (1g) (title) Notice of restriction on firearm possession.

Note: The other subsections in s. 971.17 have titles.

SB285, s. 118 Section 118. 973.195 (1r) (e) of the statutes is amended to read:

SB285,55,17 973.195 (1r) (e) Notwithstanding the confidentiality of victim address information obtained under s. 302.113 (9g) (g) 3. 302.1135 (7) (c), a district attorney who is required to send notice to a victim under par. (d) may obtain from the clerk of the circuit court victim address information that the victim provided to the clerk under 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.

SB285, s. 119 Section 119. 2009 Wisconsin Act 42, section 16 is amended by replacing "166.21 (2) (b) (r)" with "166.21 (2) (br)".

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.

SB285, s. 120 Section 120. 2009 Wisconsin Act 42, section 99 is amended by replacing "Each such may appropriate" with "Each such governing body may appropriate".

Note: "governing body" was deleted without being shown as stricken. The change was intended.

SB285, s. 121 Section 121. 2009 Wisconsin Act 42, section 104 is amended by replacing "whichever is applicable," with "whichever is applicable,".

Note: A comma was inserted without being shown as underscored. The change was intended.

SB285, s. 122 Section 122. 2009 Wisconsin Act 42, section 212 is amended by replacing "323.60 (3) and the" with "323.60 (3) and the".

Note: A blank space was stricken and scored. No change was intended.

SB285, s. 123 Section 123. 2009 Wisconsin Act 42, section 245 is amended by replacing "An individual who at any time" with "An individual who, at any time".

Note: A comma was deleted without being shown as stricken. The change was intended.

SB285, s. 124 Section 124. 2009 Wisconsin Act 76, section 14 is amended by replacing "s. 120.13 (14)" with "s. 120.13 (4)".

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.

SB285, s. 125 Section 125. 2009 Wisconsin Act 112, section 4e is amended by replacing "village, town, or county" with "village or, town, or county".

Note: "Or" was deleted without being shown as stricken. The change was intended.

SB285,56,15 (End)