AB383,91,86
908.08
(6) Recorded oral statements of children under this section in the
7possession, custody
, or control of the state are discoverable under ss. 48.293 (3),
8304.06 (3d),
971.23 (1) (e) 971.43 (2) (f), and 973.10 (2g).
AB383,251
9Section
251. 911.01 (1) of the statutes is amended to read:
AB383,91,1510
911.01
(1) Courts and court commissioners. Chapters 901 to 911 apply to the
11courts of the state of Wisconsin, including municipal courts and circuit,
12supplemental, and municipal court commissioners, in the proceedings and to the
13extent hereinafter set forth except as provided in s.
972.11 967.24. The word "judge"
14in chs. 901 to 911 means judge of a court of record, municipal judge, or circuit,
15supplemental, or municipal court commissioner.
AB383,252
16Section
252. 911.01 (4) (b) of the statutes is amended to read:
AB383,91,1817
911.01
(4) (b)
Grand jury; John Doe proceedings. Proceedings before grand
18juries or a John Doe proceeding under s.
968.26 968.105.
AB383,253
19Section
253. 911.01 (4) (c) of the statutes is amended to read:
AB383,92,420
911.01
(4) (c)
Miscellaneous proceedings. Proceedings for extradition or
21rendition; sentencing, granting or revoking probation, modification of a bifurcated
22sentence under s. 302.113 (9g), adjustment of a bifurcated sentence under s. 973.195
23(1r) or 973.198; issuance of subpoenas or warrants under s. 968.375, arrest warrants,
24criminal summonses, and search warrants; hearings under s. 980.09 (2); proceedings
25under s.
971.14 (1r) (c) 975.31; proceedings with respect to pretrial release under ch.
1969 except where habeas corpus is utilized with respect to release on
bail or 2conditions as
otherwise provided in ch. 969;
proceedings with respect to release on
3bond under s. 974.09 pending appeal; or proceedings under s. 165.76 (6) to compel
4provision of a biological specimen for deoxyribonucleic acid analysis.
AB383,254
5Section
254. 938.18 (10) of the statutes is created to read:
AB383,92,106
938.18
(10) Disposition options; certain juveniles younger than 15. If a court
7of criminal jurisdiction has jurisdiction over a juvenile for a violation as a result of
8a waiver under sub. (1) (a) or (b) and the juvenile is alleged to have committed the
9violation before he or she has attained the age of 15, the court shall proceed as
10follows:
AB383,92,1311
(a) If the juvenile is convicted of an offense for which jurisdiction over the
12juvenile could not have been waived under sub. (1) (a) or (b), the court shall adjudge
13the juvenile to be delinquent and impose a disposition specified in s. 938.34.
AB383,92,2014
(b) If the juvenile is convicted of an offense other than the offense charged and
15the offense for which the juvenile is convicted is an offense for which jurisdiction over
16the juvenile may be waived under sub. (1) (a) or (b) and the court, after considering
17the criteria specified in sub. (5), determines that the juvenile has proved by clear and
18convincing evidence that it would be in the best interests of the juvenile and of the
19public to adjudge the juvenile to be delinquent, the court may impose a disposition
20specified in s. 938.34.
AB383,255
21Section
255. 938.183 (1) (ar) of the statutes is amended to read:
AB383,93,222
938.183
(1) (ar) A juvenile specified in par. (a) or (am) who is alleged to have
23attempted or committed a violation of any state criminal law in addition to the
24violation alleged under par. (a) or (am) if the violation alleged under this paragraph
1and the violation alleged under par. (a) or (am) may be joined under s.
971.12 (1) 2970.13.
AB383,256
3Section
256. 938.183 (1m) (b) of the statutes is amended to read:
AB383,93,74
938.183
(1m) (b) If a court of criminal jurisdiction transfers jurisdiction under
5s.
970.032 971.75 (5) or
971.31 (13) 971.77 to a court assigned to exercise jurisdiction
6under this chapter and ch. 48, the juvenile is subject to the procedures and
7dispositions specified in
subch. subchs. IV to VI.
AB383,257
8Section
257. 938.195 (1) (a) of the statutes is amended to read:
AB383,93,109
938.195
(1) (a) "Custodial interrogation" has the meaning
give given in s.
10968.073 969.165 (1) (a).
AB383,258
11Section
258. 938.21 (2) (f) of the statutes is created to read:
AB383,93,1412
938.21
(2) (f) At a hearing under this section, the representative of the public
13designated under s. 938.09 shall disclose, if in his or her possession, law enforcement
14investigative reports relating to the case.
AB383,259
15Section
259. 938.293 (2) of the statutes is amended to read:
AB383,94,216
938.293
(2) Records relating to juvenile. All records relating to a juvenile
17which are relevant to the subject matter of a proceeding under this chapter shall be
18open to inspection by a guardian ad litem or counsel for any party, upon demand and
19upon presentation of releases where necessary, at least 48 hours before the
20proceeding. Persons entitled to inspect the records may obtain copies of the records
21with the permission of the custodian of the records or with the permission of the
22court. The court may instruct counsel not to disclose specified items in the materials
23to the juvenile or the parent if the court reasonably believes that the disclosure would
24be harmful to the interests of the juvenile.
Section 971.23 Subchapter IV of ch. 971 25shall be applicable in all delinquency proceedings under this chapter, except that the
1court shall establish the timetable for the disclosures required under
. s. 971.23 (1),
2(2m), (8), and (9) ss. 971.43, 971.44, 971.45, 971.46, and 971.47.
AB383,260
3Section
260. 938.30 (2) of the statutes is amended to read:
AB383,94,134
938.30
(2) Information to juvenile and parents; basic rights; substitution. 5At or before the commencement of the hearing under this section the juvenile and
6the parent, guardian, legal custodian, or Indian custodian shall be advised of their
7rights as specified in s. 938.243 and shall be informed that the hearing shall be to the
8court and that a request for a substitution of judge under s. 938.29 must be made
9before the end of the plea hearing or is waived.
At the hearing, the district attorney
10shall disclose, if in his or her possession, law enforcement investigative reports
11relating to the case. Nonpetitioning parties, including the juvenile, shall be granted
12a continuance of the plea hearing if they wish to consult with an attorney on the
13request for a substitution of a judge.
AB383,261
14Section
261. 938.30 (5) (c) (intro.) of the statutes is amended to read:
AB383,94,1715
938.30
(5) (c) (intro.) If the court finds that the juvenile was not responsible by
16reason of mental disease or defect, as described under s.
971.15 975.50 (1) and (2),
17the court shall dismiss the petition with prejudice and do one of the following:
AB383,262
18Section
262. 938.30 (5) (d) (intro.) of the statutes is amended to read:
AB383,94,2119
938.30
(5) (d) (intro.) If the court finds that the juvenile is not competent to
20proceed, as described in s.
971.13 975.30 (1) and (2), the court shall suspend
21proceedings on the petition and do one of the following:
AB383,263
22Section
263. 938.30 (5) (e) 1. (intro.) of the statutes is amended to read:
AB383,95,723
938.30
(5) (e) 1. (intro.) A juvenile who is not competent to proceed, as described
24in s.
971.13 975.30 (1) and (2), but who is likely to become competent to proceed
25within 12 months or within the time period of the maximum sentence that may be
1imposed on an adult for the most serious delinquent act with which the juvenile is
2charged, whichever is less, and who is committed under s. 51.20 following an order
3under par. (d) 1. or who is placed under a dispositional order following an order under
4par. (d) 2., shall be periodically reexamined with written reports of those
5reexaminations to be submitted to the court every 3 months and within 30 days
6before the expiration of the juvenile's commitment or dispositional order. Each
7report shall indicate one of the following: