AB90,90,5 938.195 (1) (a) "Custodial interrogation" has the meaning given in s. 968.073 969.165 (1) (a).

AB90,251 Section 251. 938.21 (2) (f) of the statutes is created to read:

AB90,90,9 938.21 (2) (f) At a hearing under this section, the representative of the public designated under s. 938.09 shall disclose, if in his or her possession, law enforcement investigative reports relating to the case.

AB90,252 Section 252. 938.293 (2) of the statutes is amended to read:

AB90,90,22 938.293 (2) Records relating to juvenile. All records relating to a juvenile which are relevant to the subject matter of a proceeding under this chapter shall be open to inspection by a guardian ad litem or counsel for any party, upon demand and upon presentation of releases where necessary, at least 48 hours before the proceeding. Persons entitled to inspect the records may obtain copies of the records with the permission of the custodian of the records or with the permission of the court. The court may instruct counsel not to disclose specified items in the materials to the juvenile or the parent if the court reasonably believes that the disclosure would be harmful to the interests of the juvenile. Section 971.23 Subchapter IV of ch. 971 shall be applicable in all delinquency proceedings under this chapter, except that the court shall establish the timetable for the disclosures required under s. 971.23 (1), (2m), (8), and (9) ss. 971.43, 971.44, 971.45, 971.46, and 971.47.

AB90,253 Section 253. 938.30 (2) of the statutes is amended to read:

AB90,91,8 938.30 (2) Information to juvenile and parents; basic rights; substitution. At or before the commencement of the hearing under this section the juvenile and the parent, guardian, legal custodian, or Indian custodian shall be advised of their rights as specified in s. 938.243 and shall be informed that the hearing shall be to the court and that a request for a substitution of judge under s. 938.29 must be made before the end of the plea hearing or is waived. At the hearing, the district attorney shall disclose, if in his or her possession, law enforcement investigative reports relating to the case. Nonpetitioning parties, including the juvenile, shall be granted a continuance of the plea hearing if they wish to consult with an attorney on the request for a substitution of a judge.

AB90,254 Section 254. 938.30 (3) of the statutes is amended to read:

AB90,91,14 938.30 (3) Juvenile in need of protection or services proceeding; possible pleas. If a petition alleges that a juvenile is in need of protection or services under s. 938.13 (4), (6), (6m), (7) or (14), the nonpetitioning parties and the juvenile, if he or she is 12 10 years of age or older or and is otherwise competent to do so, shall state whether they desire to contest the petition.

AB90,255 Section 255. 938.30 (5) (c) (intro.) of the statutes is amended to read:

AB90,91,18 938.30 (5) (c) (intro.) If the court finds that the juvenile was not responsible by reason of mental disease or defect, as described under s. 971.15 975.50 (1) and (2), the court shall dismiss the petition with prejudice and do one of the following:

AB90,256 Section 256. 938.30 (5) (d) (intro.) of the statutes is amended to read:

AB90,91,22 938.30 (5) (d) (intro.) If the court finds that the juvenile is not competent to proceed, as described in s. 971.13 975.30 (1) and (2), the court shall suspend proceedings on the petition and do one of the following:

AB90,257 Section 257. 938.30 (5) (e) 1. (intro.) of the statutes is amended to read:

AB90,92,8 938.30 (5) (e) 1. (intro.) A juvenile who is not competent to proceed, as described in s. 971.13 975.30 (1) and (2), but who is likely to become competent to proceed within 12 months or within the time period of the maximum sentence that may be imposed on an adult for the most serious delinquent act with which the juvenile is charged, whichever is less, and who is committed under s. 51.20 following an order under par. (d) 1. or who is placed under a dispositional order following an order under par. (d) 2., shall be periodically reexamined with written reports of those reexaminations to be submitted to the court every 3 months and within 30 days before the expiration of the juvenile's commitment or dispositional order. Each report shall indicate one of the following:

AB90,258 Section 258. 938.31 (2) of the statutes is amended to read:

AB90,92,18 938.31 (2) Hearing to the court; procedures. The hearing shall be to the court. If the hearing involves a child victim, as defined in s. 938.02 (20m) (a) 1., or a child witness, as defined in s. 950.02 (5), the court may order that a deposition be taken by audiovisual means and allow the use of a recorded deposition under s. 967.04 (7) to (10) and, with the district attorney, shall comply with s. 971.105 967.22. At the conclusion of the hearing, the court shall make a determination of the facts. If the court finds that the juvenile is not within the jurisdiction of the court or the court finds that the facts alleged in the petition or citation have not been proved, the court shall dismiss the petition or citation with prejudice.

AB90,259 Section 259. 938.31 (3) (a) 4. of the statutes is amended to read:

AB90,92,20 938.31 (3) (a) 4. "Statement" has the meaning given in s. 972.115 972.18 (1) (d).

AB90,260 Section 260. 938.31 (3) (d) of the statutes is amended to read:

AB90,93,2 938.31 (3) (d) Notwithstanding ss. 968.28 968.315 to 968.37 968.405, a juvenile's lack of consent to having an audio or audio and visual recording made of a custodial interrogation does not affect the admissibility in evidence of an audio or audio and visual recording of a statement made by the juvenile during the interrogation.

AB90,261 Section 261. 938.315 (2) of the statutes is amended to read:

AB90,93,16 938.315 (2) Continuance for good cause. A continuance may be granted by the court only upon a showing of good cause in open court or during a telephone conference under s. 807.13 on the record and only for so long as is necessary, taking into account the request or consent of the representative of the public under s. 938.09 or the parties, the interests of the victims, and the interest of the public in the prompt disposition of cases. In ruling on any motion or other request for a continuance or delay of the proceedings, the court shall also consider and give weight to any adverse impact the delay or continuance may have on the well-being of a victim or a witness, as defined in s. 950.02 (5), if the victim or witness is a child. In addition, if a victim or a witness is a child, the court and the representative of the public under s. 938.09 shall take appropriate action to ensure speedy proceedings in order to minimize the time during which the child must endure the stress of his or her involvement in the proceedings.

AB90,262 Section 262. 938.35 (1) (cm) of the statutes is amended to read:

AB90,93,19 938.35 (1) (cm) In a court of civil or criminal jurisdiction for purposes of setting bail under s. 974.09 or ch. 969 or impeaching a witness under s. 906.09.

AB90,263 Section 263. 938.396 (1) (a) of the statutes is amended to read:

AB90,93,25 938.396 (1) (a) Confidentiality. Law enforcement agency records of juveniles shall be kept separate from records of adults. Law enforcement agency records of juveniles may not be open to inspection or their contents disclosed except under par. (b) or (c), sub. (1j), (2m) (c) 1p., or (10), or s. 938.21 (2) (f), 938.293, or 938.30 (2) or by order of the court.

AB90,264 Section 264. 938.396 (2g) (dr) of the statutes is amended to read:

AB90,94,7 938.396 (2g) (dr) Presentence investigation. Upon request of the department of corrections or any other person preparing a presentence investigation under s. 972.15 973.004 to review court records for the purpose of preparing the presentence investigation, the court shall open for inspection by any authorized representative of the requester the records of the court relating to any juvenile who has been the subject of a proceeding under this chapter.