LRB-3042/1
FFK:eev:jm
2013 - 2014 LEGISLATURE
September 23, 2013 - Introduced by Representatives Kestell, Bies, Born,
Johnson, T. Larson, Pridemore and Ripp, cosponsored by Senators Leibham,
L. Taylor, Gudex and Vukmir. Referred to Committee on Education.
AB390,1,2
1An Act to create 118.315 of the statutes;
relating to: parental notification for
2questioning pupils about criminal activity.
Analysis by the Legislative Reference Bureau
This bill prohibits an official, employee, or agent of a public, private, or charter
school from questioning a pupil attending the school about criminal activity without
notifying the pupil's parent unless the official, employee, or agent suspects that the
pupil is being abused or is the victim of certain specified crimes and the questioning
relates to the suspected abuse or crime.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB390,1
3Section
1. 118.315 of the statutes is created to read:
AB390,1,8
4118.315 Questioning pupils about criminal activity. (1) Except as
5provided in sub. (2), an official, employee, or agent of a public, private, or charter
6school may not question a pupil attending the school about a suspected or alleged
7violation of any state or federal criminal law without first notifying the pupil's parent
8or guardian.
AB390,2,6
1(2) An official, employee, or agent of a public, private, or charter school may
2question a pupil attending the school about a request or observation described in
3pars. (a) to (c) without notifying the pupil's parent or guardian if the official,
4employee, or agent reasonably suspects that the pupil is the victim of child abuse,
5as defined under s. 813.122 (1) (a), or of a crime under ss. 948.02 to 948.11, and any
6of the following applies:
AB390,2,87
(a) The official, employee, or agent received a request from the pupil to
8investigate the suspected child abuse or crime.
AB390,2,109
(b) The official, employee, or agent observed an injury that suggests that the
10pupil is the victim of child abuse or a crime under ss. 948.02 to 948.11.
AB390,2,1211
(c) The official, employee, or agent observed a parent or guardian of the pupil
12abuse the pupil.
AB390,2
13Section
2.
Effective date.
AB390,2,1414
(1)
This act takes effect on the 60th day after the day of publication.
