Subject Index

Legal Services, Division of, created in DOA; authorized to provide legal services to executive branch agencies, except DOJ and DPI; position of unclassified chief legal advisor created in certain agencies; classified attorney positions in specified agencies deleted [for section numbers and further revisions, see entry under ``Attorney"] -  AB75

Martial arts instruction to a minor for a fee without a license prohibited; DRL licensing duties; DOJ to conduct background checks on applicants [S.Amdt.1: disqualifying offense provision revised] -  AB47

Motor vehicle stop data collection requirements expanded (criteria includes gender and race); cultural diversity and sensitivity training for law enforcement; DOJ analysis of data re racial profiling; report required [Sec. 2449, 2450, 9430 (1); Enrolled AB-75: provisions deleted except for cultural diversity and sensitivity training, deletes 2449]  - AB75

Penalty surcharge appropriations [Sec. 241, 245, 309, 310, 527, 530-535, 540, 559, 573, 576, 600; original bill only]  - AB75

Photographs on motor vehicle operators license and ID cards: DOT to make available to DOJ in digital format; DOJ to provide electronic access to certain law enforcement agencies  - AB230

Surcharge for crime laboratories and drug law enforcement increased [Sec. 2446, 9330 (1)] - AB75

Tribal and state, county, or municipal law enforcement agencies: mutual assistance provisions created; DOJ duties  - AB713

Tribal and state, county, or municipal law enforcement agencies: mutual assistance provisions created; DOJ duties  - SB584

Tribal law enforcement officer's powers to enforce state law: liability insurance option created  - AB212

Tribal law enforcement officer's powers to enforce state law: liability insurance option created  - SB148

Work injury supplemental benefit fund claims handling revisions [Sec. 119, 2167, 2168; original bill only]  - AB75

justice assistance, office of Justice Assistance, Office of

Alternatives to prosecution and incarceration for persons who use alcohol and drugs and grants to certain county with highest crime rate: OJA grants [Sec. 572, 9101 (3), (4)]  - AB75

American Indian tribal community reintegration program: OJA to establish; funding from tribal gaming revenues [Enrolled AB-75: Sec. 158t, 575f, 579, 587b, 9401 (3q)]  - AB75

Assistant DA positions in certain counties: OJA to fund [Sec. 9113 (1)-(5)] -  AB75

Byrne justice assistance grants for Robert E. Ellsworth Correctional Center and the Drug Abuse Correctional Center: one-time funds utilized [Enrolled AB-75: Sec. 9101 (6q)]  - AB75

Child advocacy centers: funding reduced [Sec. 157, 9101 (10); Enrolled AB-75: CHAT Room in Green County and Marshfield Child Advocacy Center in Wood County added, 157d, s; deletes 157] -  AB75

Emergency generator for the Town of Oakland: OJA grant and sunset date provided [Enrolled AB-75: Sec. 9101 (11x)]  - AB75

Fermented malt beverage: tax rate increased; funding for law enforcement officers, training, equipment, and AODA treatment services and prevention programs  - AB287

Fermented malt beverage: tax rate increased; funding for law enforcement officers, training, equipment, and AODA treatment services and prevention programs  - SB209

Justice information surcharge increased; distribution revised [Sec. 55, 553, 555, 556, 577, 614, 3240; Enrolled AB-75: grants for indigent civil legal services]  - AB75

Law enforcement investigative records: information technology unit must deny requests for access, custody remains with the local governmental unit; law enforcement agency that shares information with OJA is considered the custodian of the information -  SB573

OJA grants to fund treatment alternatives and diversion for criminal offenders re AODA; grant program for digital recording equipment re interrogations repealed [Sec. 155, 156, 528, 575, 578; Enrolled AB-75: funding revision, 528d, 572j; deletes 528, 578] -  AB75

Public safety interoperable communication system: OJA may charge use fees to state public safety agencies [Sec. 149-151, 152, 158, 574] -  AB75

Restorative Justice Programs, Inc., in Barron County: OJA grant and sunset date provided [Enrolled AB-75: Sec. 572g, h, 9101 (13f), 9401 (4g)] -  AB75

Traffic stop information collection and analysis requirements created; DOA, OJA, and JCF duties; data analysis re disproportionate number of vehicle stops and searches involving racial minorities; report required [Enrolled AB-75: Sec. 158m, 577-577s, 2993t, 9101 (11y), (12x)]  - AB75

Wisconsin CASA Association: OJA grants provided [Enrolled AB-75: Sec. 151k] -  AB75

Youth Diversion Program grant reductions [Sec. 153, 154, 9101 (6); Enrolled AB-75: transfer of unencumbered balances to the ``criminal justice program support" appropriation deleted] - AB75

justices Justices, see Supreme Court

juvenile court Juvenile court

Appellate procedure revisions re review of orders denying motion to suppress evidence or challenging admissibility of the statement of a defendant or juvenile in certain circumstances - AB124

Appellate procedure revisions re review of orders denying motion to suppress evidence or challenging admissibility of the statement of a defendant or juvenile in certain circumstances - SB100

Biological specimen for DNA analysis: requirement does not expire when completing probation, sentence, or delinquency disposition, or being released from commitment; DA may petition court to compel certain persons to provide a sample; procedure specified -  AB893

Biological specimen for DNA analysis: requirement does not expire when completing probation, sentence, or delinquency disposition, or being released from commitment; DA may petition court to compel certain persons to provide a sample; procedure specified -  SB631

Child abuse or neglect cases: public disclosure of certain information required re child fatality or near fatality, suicide, egregious abuse or neglect, or sexual abuse by caregiver; exceptions and report provision -  AB428

Child abuse or neglect cases: public disclosure of certain information required re child fatality or near fatality, suicide, egregious abuse or neglect, or sexual abuse by caregiver; exceptions and report provision [S.Amdts 1 and 3: report requirements revised] -  SB299

Child care provider license, certification, or contract: prohibiting a person convicted or adjudicated delinquent for a drug-related felony from showing he or she has been rehabilitated; employment with a child care provider or residing where child care is provided provisions -  AB694

Child care provider license, certification, or contract: prohibiting a person convicted or adjudicated delinquent for a drug-related felony from showing he or she has been rehabilitated; employment with a child care provider or residing where child care is provided provisions -  SB499

Child or juvenile taken into custody: notice to relatives and disclosure of information to facilitate a relationship or placement; parent to provide names of relatives re potential placement; permanency planning; exception to confidentiality requirements [Enrolled AB-75: Sec. 919p, 921h, 958p, 1086f, 1101c, 3290n, p, 3292h, 3327p, 3339j] -  AB75

Child removed from parental custody: county department or DCF required to notify adult relatives of the child; temporary custody hearing, permanency plan, and placement provisions; exception to confidentiality of child abuse and neglect records - SB212

Children's Code and Juvenile Justice Code revisions re required judicial findings and orders when child is placed outside the home, TPR warnings, mandatory child abuse or neglect reporters, confidentiality of social services records, changing ``day care" to ``child care", and definition of ``neglect"  - AB485

Children's Code and Juvenile Justice Code revisions re required judicial findings and orders when child is placed outside the home, TPR warnings, mandatory child abuse or neglect reporters, confidentiality of social services records, changing ``day care" to ``child care", and definition of ``neglect"  - SB346

DNA sample for analysis by the state crime laboratory and inclusion in DOJ DNA database: sheriff to collect; sentencing court and juvenile delinquency adjudication provisions; DOJ duties - AB896

DNA sample for analysis by the state crime laboratory and inclusion in DOJ DNA database: sheriff to collect; sentencing court and juvenile delinquency adjudication provisions; DOJ duties - SB641

Electronic records in CCAP and Statewide Automated Child Welfare Information System: DCF and Director of State Courts to enter into agreement to allow for the transfer of, confidentiality and penalty provisions -  AB550

Electronic records in CCAP and Statewide Automated Child Welfare Information System: DCF and Director of State Courts to enter into agreement to allow for the transfer of, confidentiality and penalty provisions [S.Sub.Amdt.1: further revisions, transfer of records between DCF and the juvenile court and facilitated by CCAP specified] - SB375

Foster parent, treatment foster parent, and other physical custodian of a child: revisions re disclosure of identity, rights in connection with a change in placement proceeding or agency decision to remove the child, and placement for adoption  - AB722

Foster parent, treatment foster parent, and other physical custodian of a child: revisions re disclosure of identity, rights in connection with a change in placement proceeding or agency decision to remove the child, and placement for adoption  - SB501

Guardianships of children revised; power of attorney provision  - SB706

Indian Child Welfare Act (ICWA) jurisdictional provisions and minimum standards for Indian child custody proceedings incorporated into Children's Code provisions re CHIPS, TPR, adoption, and the Juvenile Justice Code re JIPS  - AB421

Indian Child Welfare Act (ICWA) jurisdictional provisions and minimum standards for Indian child custody proceedings incorporated into Children's Code provisions re CHIPS, TPR, adoption, and the Juvenile Justice Code re JIPS [S.Amdts 1, 2, and 3: further revisions] -  SB288

Indian juveniles adjudicated delinquent: moneys for reimbursement for unexpected or unusually high-cost out-of-home care placements limited to adjudications by tribal courts  - SB475

Juvenile Justice Code proceedings: right to a jury trial granted if petitioner recommends placement of the juvenile in Serious Juvenile Offender Program or juvenile correctional facility beyond the juvenile's 17th birthday  - AB223

Juvenile Justice Code proceedings: right to a jury trial granted if petitioner recommends placement of the juvenile in Serious Juvenile Offender Program or juvenile correctional facility beyond the juvenile's 17th birthday  - SB689

Juvenile sex offender: juvenile court to order assessment on the probability of reoffending and use the results to determine services to be provided -  SB666

Permanency planning for children in out-of-home care, right to be heard in proceedings involving children in out-of-home care, notice to relatives when child is removed from home, placement with siblings re foster home or adoption, plan for transition to independent living, reporting of infants affected by controlled substances, circuit court commissioner review of permanency plans, TPR filing requirements, reasonable efforts to achieve goals of permanency plan, informal disposition, confidentiality of records -  AB486

Permanency planning for children in out-of-home care, right to be heard in proceedings involving children in out-of-home care, notice to relatives when child is removed from home, placement with siblings re foster home or adoption, plan for transition to independent living, reporting of infants affected by controlled substances, circuit court commissioner review of permanency plans, TPR filing requirements, reasonable efforts to achieve goals of permanency plan, informal disposition, confidentiality of records [S.Amdt.1: effective date changed re paying support or maintenance arrears to certain public assistance recipients] -  SB347

Posttermination of parental rights contact agreement between adoptive parent or agency and a birth relative of the child: provisions created -  AB214

Posttermination of parental rights contact agreement between adoptive parent or agency and a birth relative of the child: provisions created -  SB140

Temporary custody hearings: notification to adult relative of the child required, definition provision; notification contents specified; exception to confidentiality of agency and child abuse and neglect records -  AB298

Uniform Collateral Consequences of Conviction Act created; LRB, LC, and JRCCP duties -  SB613

Visual representation of nude person without person's consent: court may order person convicted of to register with Corr.Dept as a sex offender; juvenile and person found not guilty by reason of mental disease or defect provisions [S.Amdt.1: changes court ``may" to ``shall" provide a person or juvenile be released from sex offender registration reporting requirements; Assembly nonconcurred; Senate recedes its position]  - AB411

Visual representation of nude person without person's consent: court may order person convicted of to register with Corr.Dept as a sex offender; juvenile and person found not guilty by reason of mental disease or defect provisions  - SB281

Wisconsin CASA Association: OJA grants provided [Enrolled AB-75: Sec. 151k] -  AB75

juvenile court _ jurisdiction Juvenile court — Jurisdiction

Adult criminal court jurisdiction over a juvenile: reverse waiver criteria modifications -  SB150

Age at which a person is alleged to have violated a criminal or civil law or municipal ordinance and is subject to Criminal Procedure Code or circuit or municipal court raised from 17 to 18 years and older; community youth and family aids surcharge created; Corr.Dept to set youth aids assessments annually and must submit implementation plan to JCF; FTE positions for circuit court -  AB732

Age at which a person is alleged to have violated a criminal or civil law or municipal ordinance and is subject to Criminal Procedure Code or circuit or municipal court raised from 17 to 18 years and older; placement in juvenile detention facility eliminated as a sanction for violation of civil law, ordinance, or dispositional order -  SB674

CHIPS jurisdiction expanded based on another child from the home placed outside the home under a juvenile court order; involuntary TPR permitted on grounds of prior TPR  - SB433

Juvenile court jurisdiction: additional provision for waiver to adult criminal court re examination of juvenile by a psychiatrist, psychologist, or another expert; report requirement  - SB149

Juvenile court jurisdiction extended to certain foster youth until they reach 21 years of age -  AB822

Juvenile court jurisdiction extended to certain foster youth until they reach 21 years of age -  SB568

Juvenile court jurisdiction: permitting a juvenile to file a petition for waiver repealed; requiring certain factors be considered for retaining jurisdiction and waiving jurisdiction  - SB153

Juvenile court jurisdiction: rebuttable presumption for retaining jurisdiction created re waiver proceedings for first offender - SB152

juvenile delinquency Juvenile delinquency, see also Juvenile court; Juvenile court — Jurisdiction

Age at which a person is alleged to have violated a criminal or civil law or municipal ordinance and is subject to Criminal Procedure Code or circuit or municipal court raised from 17 to 18 years and older; community youth and family aids surcharge created; Corr.Dept to set youth aids assessments annually and must submit implementation plan to JCF; FTE positions for circuit court -  AB732

Age at which a person is alleged to have violated a criminal or civil law or municipal ordinance and is subject to Criminal Procedure Code or circuit or municipal court raised from 17 to 18 years and older; placement in juvenile detention facility eliminated as a sanction for violation of civil law, ordinance, or dispositional order -  SB674

Biological specimen for DNA analysis: law enforcement agencies required to collect from every adult arrested for a felony and juveniles in custody for certain sexual assault offenses; crime laboratories provisions, including expunging records; JRCCP report -  AB511

Biological specimen for DNA analysis: law enforcement agencies required to collect from every adult arrested for a felony and juveniles in custody for certain sexual assault offenses; crime laboratories provisions, including expunging records; JRCCP report -  SB336

Child care provider: prohibition from being licensed, certified, or contracted with re conviction or adjudicated delinquent of specified crimes; frequency of criminal history search increased, sex offender registry provision; revocation or suspension of license, certification, or contract required re conviction of or pending serious criminal charges, W-2 payment provision -  AB462

Child care provider: prohibition from being licensed, certified, or contracted with re conviction or adjudicated delinquent of specified crimes; frequency of criminal history search increased, sex offender registry provision; revocation or suspension of license, certification, or contract required re conviction of or pending serious criminal charges, W-2 payment provision [S.Amdt.3: Wisconsin Shares provisions added re ineligibility for child care subsidies and use of recovered funds to detect fraud; S.Amdt.1 to S.Amdt.3: fraudulent activity in W-2 program reporting requirements]  - SB331

Child care provider: prohibition from being licensed, certified, or contracted with re conviction or adjudicated delinquent of specified crimes or having certain TRO or injunction entered against the person; frequency of criminal history search increased, sex offender registry and TRO or injunction provisions; revocation or suspension of license, certification, or contract required re conviction of or pending serious criminal charges, W-2 payment and TRO or injunction provisions; certain employees required to report to DA any suspected fraud in the W-2 Program, penalty and immunity from liability  - AB479

Child care provider: prohibition from being licensed, certified, or contracted with re conviction or adjudicated delinquent of specified crimes or having certain TRO or injunction entered against the person; frequency of criminal history search increased, sex offender registry and TRO or injunction provisions; revocation or suspension of license, certification, or contract required re conviction of or pending serious criminal charges, W-2 payment and TRO or injunction provisions; certain employees required to report to DA any suspected fraud in the W-2 Program, penalty and immunity from liability  - SB333

Exposing genitals or pubic area re children: classification of crime changed from misdemeanor to felony if the actor is a child; JRCCP report [A.Amdt.2: age criteria modified]  - AB503

Exposing genitals or pubic area re children: classification of crime changed from misdemeanor to felony if the actor is a child; JRCCP report -  SB330

Indian juvenile out-of-home placements: funding from tribal gaming revenue [Enrolled AB-75: Sec. 319e, 586v, 3334p]  - AB75

Indian juveniles adjudicated delinquent: moneys for reimbursement for unexpected or unusually high-cost out-of-home care placements limited to adjudications by tribal courts  - SB475

Juvenile correctional costs: additional funding to counties under certain conditions -  SB151

Juvenile Justice Code proceedings: right to a jury trial granted if petitioner recommends placement of the juvenile in Serious Juvenile Offender Program or juvenile correctional facility beyond the juvenile's 17th birthday  - AB223