Also, the bill provides that the burden of proof in a reverse waiver proceeding
is on the juvenile to prove by a preponderance of the evidence that jurisdiction should
be transferred to the juvenile court.
Under the current code, if a juvenile absconds and does not appear at his or her
waiver hearing, the juvenile court may waive its jurisdiction in the juvenile's absence
and the juvenile may contest the waiver when he or she is apprehended. This bill
provides that the juvenile may contest the waiver by showing the criminal court good
cause for his or her failure to appear. If the criminal court finds good cause for the
juvenile's failure to appear, the criminal court must transfer jurisdiction back to the
juvenile court for purposes of holding the waiver hearing.
Under the current code, in a waiver proceeding, if it appears that the juvenile
may be suitable for participation in the serious juvenile offender program or in the
adult intensive sanctions program, the judge must order DOC to submit a report
recommending whether the juvenile should be placed in either of those programs.
This bill eliminates that requirement and instead permits the juvenile court to
designate DOC, the county department or a child welfare agency to submit a report
analyzing the criteria on which the juvenile court must base its waiver decision. The
bill also permits the juvenile court to rely on facts stated in that report in making its
findings with respect to those criteria.
Under the current code, if a juvenile violates a state law, venue for the
proceeding is in the county where the violation occurred, except that, after the
juvenile is adjudged delinquent, the juvenile court of that county may transfer venue
to the juvenile's county of residence for disposition, if the juvenile court of the county
of residence agrees to the transfer and the transferring juvenile court agrees to the
disposition. This bill applies the same venue law to a violation of a county, town or
municipal ordinance. The bill also eliminates the requirement that the transferring
juvenile court agree to the disposition of the juvenile court of the county of residence.
3. Juvenile court procedures. Under the current code, certain actions, such
as referring a case to the district attorney for the filing of a petition, filing a petition
and holding fact-finding, dispositional and extension hearings, must take place
within certain time limits. If a time limit is not met, the juvenile court may grant
a continuance, dismiss the petition with or without prejudice, release the juvenile
from secure or nonsecure custody or grant any other relief that the juvenile court
considers appropriate. This bill provides that failure to object to a time limit not
being met waives that time limit.
Under the current code, certain time periods are excluded in computing time
limits under the code. Those time periods include periods of delay resulting from
other legal actions concerning the juvenile, from a continuance or from the absence
or unavailability of the juvenile. This bill adds to the time periods that are excluded
in computing time limits under the code any period of delay resulting from juvenile
court congestion or scheduling.
Under the current code, information indicating that a juvenile should be
referred to the juvenile court as delinquent, in need of protection or services or in
violation of a civil law or municipal ordinance must be referred to the juvenile court
intake worker (intake worker) who must conduct an intake inquiry to determine
what action should be taken. Currently, an intake worker must recommend that a
petition be filed, enter into a deferred prosecution agreement or close the case within
40 days after receipt of the referral. This bill requires the intake worker to request,
rather than recommend, that a petition be filed.
Under the current code, if a deferred prosecution agreement is entered into, the
juvenile court may terminate the agreement upon the request of the juvenile, parent,
guardian or legal custodian. This bill permits a juvenile, parent, guardian or legal
custodian to terminate a deferred prosecution agreement, other than a deferred
prosecution agreement placing the juvenile in a youth village program, without
requesting the juvenile court to do so.
Under the current code, the district attorney, corporation counsel or other
appropriate official may refer a case back to the intake worker for further
investigation. This bill permits the district attorney, corporation counsel or other
appropriate official to refer a case directly back to the law enforcement agency
investigating the case.
Under the current code, subject to certain exceptions, the general public is
excluded from hearings under the code and the records of the juvenile court are not
open to inspection and their contents may not be disclosed. The current code,
however, permits the general public to attend a hearing and permits the records of
the juvenile court to be open for inspection by a requester if the hearing or records
relate to a juvenile who is alleged to be delinquent for committing an act that would
be a serious felony for purposes of increased penalties for repeat criminal offenders
(3 strikes and you're out), or for abducting another person's child or for conspiracy
to commit any violation. This bill eliminates public hearings and open records
relating to juveniles who are alleged to be delinquent for committing those violations
and instead provides for public hearings and open records relating to juveniles who
are alleged to have committed a delinquent act for which a juvenile may be placed
in the serious juvenile offender program, that is, a Class A or Class B felony if
committed by an adult. The bill also provides that if a public hearing is held, any
person may disclose to anyone any information obtained at the public hearing.
Under the current code, upon the request of the parent, guardian or legal
custodian of a juvenile who is the subject of a record of the juvenile court, or upon the
request of the juvenile, if 14 years of age or over, the juvenile court must open for
inspection by the parent, guardian, legal custodian or juvenile the records of the
juvenile court relating to the juvenile, unless the juvenile court finds that inspection
by the juvenile, parent, guardian or legal custodian would result in imminent danger
to the juvenile. Under the current code, on the written permission of the parent,
guardian or legal custodian of a juvenile who is the subject of a record of the juvenile
court, or on the written permission of the juvenile, if 14 years of age or over, the
juvenile court must open for inspection by the person named in the permission the
records of the juvenile court relating to the juvenile. This bill permits a juvenile court
to refuse to open its records to a person named in such a permission if the juvenile
court finds that inspection by the person named in the permission would result in
imminent danger to the juvenile.
Similarly, the current code permits the department of health and family
services (DHFS), a county department or a child welfare agency to open its records
relating to a juvenile, upon the request of the juvenile's parent, guardian or legal
custodian or upon the request of the juvenile, if 14 years of age or over, for inspection
by the parent, guardian, legal custodian or juvenile and to open its records relating
to a juvenile, on the written permission of the juvenile's parent, guardian or legal
custodian or on the written permission of the juvenile, if 14 years of age or over, for
inspection by the person named in the written permission. This bill permits DHFS,
a county department or a child welfare agency to refuse to open its records for
inspection under the circumstances described in this paragraph if that inspection
would result in imminent danger to the juvenile.
Under the current code, subject to certain exceptions, a juvenile and his or her
parent, guardian or legal custodian may request the substitution of a judge in a
proceeding under the code. The current code, however, prohibits a juvenile in a
delinquency proceeding and a juvenile and his or her parent, guardian or legal
custodian in a proceeding for a juvenile in need of protection or services under the
code from requesting the substitution of a judge if the juvenile, parent, guardian or
legal custodian has requested the substitution of a judge in a previous proceeding
under the code or if the judge assigned to the proceeding has entered a dispositional
order with respect to the juvenile in a previous proceeding under the code. This bill
also prohibits the substitution of a judge if the juvenile, parent, guardian or legal
custodian has requested the substitution of a judge in a previous proceeding under
the children's code or if the judge assigned to the proceeding has entered a
dispositional order with respect to the juvenile in a previous proceeding under the
children's code.
4. Sanctions. Under the current code, if a juvenile who has been adjudged
delinquent, to be in need of protection or services based on habitual truancy or to
have violated a civil law or municipal ordinance violates a condition of his or her
dispositional order, the juvenile court may impose certain sanctions on the juvenile.
Those sanctions include placement in a secure detention facility for not more than
10 days, suspension or limitation of the juvenile's operating privilege (driver's
license) for up to 3 years, home detention for not more than 30 days, with or without
electronic monitoring, and not more than 25 hours of community service work. This
bill permits a juvenile court to impose those sanctions on a juvenile adjudged to be
in need of protection or services for uncontrollability, truancy from home, being a
dropout, being under 10 years of age and committing a delinquent act or being not
responsible for a delinquent act by reason of mental disease or defect, if the juvenile
violates a condition of his or her dispositional order. The bill also specifies that the
juvenile court must find by a preponderance of the evidence that the juvenile has
violated a condition of his or her dispositional order before the juvenile court may
impose a sanction. Finally, the bill requires that, if the juvenile court orders secure
detention or home detention with electronic monitoring for a juvenile who has
violated a condition of a municipal court dispositional order, the juvenile court must
order the municipality of the municipal court to pay the county for the cost of
providing the secure detention or electronic monitoring.
5. Other. Under the current code, a juvenile who has been taken into custody
may be held in a secure detention facility if the intake worker determines that
certain conditions apply. One of those conditions is that probable cause exists to
believe that the juvenile has committed a delinquent act and presents a substantial
risk of physical harm to another person or of running away so as to be unavailable
for a court hearing or a revocation of aftercare hearing. Currently, for a juvenile on
aftercare supervision, that is, supervision following release from a secured
correctional facility, the delinquent act may be the act for which the juvenile was
adjudged delinquent. This bill provides that for all juveniles who have been
adjudged delinquent, not just juveniles on aftercare, the delinquent act may be the
act for which the juvenile was adjudged delinquent.
Under current law, effective July 1, 1996, if a child fails to pay restitution as
ordered by a juvenile court or municipal court or as agreed to in a deferred
prosecution agreement, or if it appears unlikely that the child will pay, the victim,
the victim's insurer, the district attorney, corporation counsel or municipal attorney
or the agency supervising the child under the dispositional order may petition the
juvenile court to order that the amount of restitution unpaid be entered and docketed
as a judgment against the child and the parent with custody of the child. This bill
provides that such an order is entered and docketed not only against the child and
parent, but also in favor of the victim or victim's insurer, or both. The bill also
provides that the rendering of a judgment for restitution does not bar the victim or
victim's insurer from commencing another action seeking compensation from the
child or parent, or both, if the amount of restitution ordered is less than the total
amount of damages claimed.
Similarly, if a child fails to pay a forfeiture, the amount of the forfeiture may be
entered and docketed as a judgment against the child and parent with custody of the
child. This bill provides that such an order is entered and docketed not only against
the child and parent, but also in favor of the county or appropriate municipality.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB624, s. 1
1Section
1. 15.147 (title) of the statutes is created to read:
SB624,9,2
215.147 (title)
Same; councils.
SB624, s. 2
3Section
2. 15.197 (23) (title) of the statutes is renumbered 15.147 (1) (title).
SB624, s. 3
4Section
3. 15.197 (23) (a) (intro.) of the statutes is renumbered 15.147 (1) (a)
5(intro.) and amended to read:
SB624,9,86
15.147
(1) (a) (intro.) There is created a gang violence prevention council,
7attached to the department of
health and family services corrections under s. 15.03.
8The council shall consist of the following members:
SB624, s. 4
9Section
4. 15.197 (23) (a) 1., 2., 3., 4., 5., 6. and 7. of the statutes are
10renumbered 15.147 (1) (a) 1., 2., 3., 4., 5., 6., and 7.
SB624,9,1413
15.147
(1) (a) 8. The secretary of
health and social services corrections or the
14secretary's designee, who shall serve as chairperson of the council.
SB624, s. 7
17Section
7. 15.197 (23) (a) 10. and (b) of the statutes are renumbered 15.147
18(1) (a) 10. and (b).
SB624,10,123
46.215
(1m) Exchange of information. Notwithstanding ss. 48.78 (2) (a),
449.45 (4), 49.53 (1m), 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7)
and, 5253.07 (3) (c)
and 938.78 (2) (a), any subunit of the county department of social
6services acting under this section may exchange confidential information about a
7client, without the informed consent of the client, with any other subunit of the same
8county department of social services or with any person providing services to the
9client under a purchase of services contract with the county department of social
10services, if necessary to enable an employe or service provider to perform his or her
11duties, or to enable the county department of social services to coordinate the
12delivery of services to the client.
SB624,10,2415
46.22
(1) (dm)
Exchange of information. Notwithstanding ss. 48.78 (2) (a),
1649.45 (4), 49.53 (1m), 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7)
and, 17253.07 (3) (c)
and 938.78 (2) (a), any subunit of the county department of social
18services acting under this subsection may exchange confidential information about
19a client, without the informed consent of the client, with any other subunit of the
20same county department of social services or with any person providing services to
21the client under a purchase of services contract with the county department of social
22services, if necessary to enable an employe or service provider to perform his or her
23duties, or to enable the county department of social services to coordinate the
24delivery of services to the client.
SB624, s. 10
1Section
10. 46.23 (3) (e) of the statutes, as affected by 1995 Wisconsin Acts 27
2and 64, is amended to read:
SB624,11,123
46.23
(3) (e)
Exchange of information. Notwithstanding ss. 48.78 (2) (a), 49.45
4(4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7)
and, 253.07 (3) (c)
and
5938.78 (2) (a), any subunit of a county department of human services acting under
6this section may exchange confidential information about a client, without the
7informed consent of the client, with any other subunit of the same county department
8of human services or with any person providing services to the client under a
9purchase of services contract with the county department of human services, if
10necessary to enable an employe or service provider to perform his or her duties, or
11to enable the county department of human services to coordinate the delivery of
12services to the client.
SB624,11,1815
48.023
(4) The rights and responsibilities of legal custody except when legal
16custody has been vested in another person or when the child is under the supervision
17of the department of corrections under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357
18(4) or the supervision of a county department under s. 938.34
(4d) or (4n).
SB624, s. 12
19Section
12. 48.396 (1) of the statutes, as affected by 1995 Wisconsin Acts 77
20and .... (Assembly Bill 609), section 2, is repealed and recreated to read:
SB624,12,521
48.396
(1) Law enforcement officers' records of children shall be kept separate
22from records of adults. Law enforcement officers' records of children shall not be
23open to inspection or their contents disclosed except under sub. (1b) or (1d) or s.
2448.293 or by order of the court. This subsection does not apply to the representatives
25of newspapers or other reporters of news who wish to obtain information for the
1purpose of reporting news without revealing the identity of the child involved, to the
2confidential exchange of information between the police and officials of the school
3attended by the child or other law enforcement or social welfare agencies or to
4children 10 years of age or older who are subject to the jurisdiction of the court of
5criminal jurisdiction.
SB624, s. 13
6Section
13. 48.396 (1d) of the statutes is created to read:
SB624,12,127
48.396
(1d) Upon the written permission of the parent, guardian or legal
8custodian of a child who is the subject of a law enforcement officer's report or upon
9the written permission of the child, if 14 years of age or over, a law enforcement
10agency may, subject to official agency policy, make available to the person named in
11the permission any reports specifically identified by the parent, guardian, legal
12custodian or child in the written permission.
SB624, s. 15
15Section
15. 48.396 (1m) of the statutes, as affected by 1995 Wisconsin Acts 77
16and .... (Assembly Bill 609), is repealed.
SB624,12,2519
48.396
(2) (am) Upon the written permission of the parent, guardian or legal
20custodian of a child who is the subject of a record of a court specified in par. (a), the
21court shall open for inspection by the person named in the permission any records
22specifically identified by the parent, guardian, legal custodian or child in the written
23permission
, unless the court finds, after due notice and hearing, that inspection of
24those records by the person named in the permission would result in imminent
25danger to the child.
SB624,13,133
48.66
(1) The department shall license and supervise child welfare agencies,
4as required by s. 48.60, group homes, as required by s. 48.625, shelter care facilities,
5as required by s. 48.48 and day care centers, as required by s. 48.65. The department
6may license foster homes or treatment foster homes, as provided by s. 48.62, and may
7license and supervise county departments in accordance with the procedures
8specified in this section and in ss. 48.67 to 48.74. The department of corrections may
9license a child welfare agency to operate a secured child caring institution, as defined
10in s. 938.02 (15g), for holding in secure custody children who have been convicted
11under s. 938.183 or adjudicated delinquent under s. 938.34
(4d), (4h) or (4m) and
12referred to the child welfare agency by the court or the department of corrections and
13to provide supervision, care and maintenance for those children.
SB624,13,2116
48.78
(2) (ag) Paragraph (a) does not prohibit an agency from making available
17for inspection or disclosing the contents of a record, upon the request of the parent,
18guardian or legal custodian of the child who is the subject of the record or upon the
19request of the child, if 14 years of age or over, to the parent, guardian, legal custodian
20or child
, unless the agency determines that inspection of those records by the child,
21parent, guardian or legal custodian would result in imminent danger to the child.
SB624,14,624
48.78
(2) (am) Paragraph (a) does not prohibit an agency from making
25available for inspection or disclosing the contents of a record, upon the written
1permission of the parent, guardian or legal custodian of the child who is the subject
2of the record or upon the written permission of the child, if 14 years of age or over,
3to the person named in the permission if the parent, guardian, legal custodian or
4child specifically identifies the record in the written permission
, unless the agency
5determines that inspection of those records by the person named in the permission
6would result in imminent danger to the child.
SB624, s. 20
7Section
20. 48.983 of the statutes, is renumbered 938.983, and 938.983 (2)
8(intro.) and (3), as renumbered, are amended to read:
SB624,14,109
938.983
(2) (intro.)
Except as provided in sub. (3), no
child person under 18
10years of age may do any of the following:
SB624,14,13
11(3) A
child person under 18 years of age may purchase or possess cigarettes or
12tobacco products for the sole purpose of resale in the course of employment during
13his or her working hours if employed by a retailer licensed under s. 134.65 (1).
SB624, s. 21
14Section
21. 51.42 (3) (e) of the statutes, as affected by 1995 Wisconsin Acts 27
15and 64, is amended to read:
SB624,14,2516
51.42
(3) (e)
Exchange of information. Notwithstanding ss. 48.78 (2) (a), 49.45
17(4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7)
and, 253.07 (3) (c)
and
18938.78 (2) (a), any subunit of a county department of community programs acting
19under this section may exchange confidential information about a client, without the
20informed consent of the client, with any other subunit of the same county department
21of community programs or with any person providing services to the client under a
22purchase of services contract with the county department of community programs,
23if necessary to enable an employe or service provider to perform his or her duties, or
24to enable the county department of community programs to coordinate the delivery
25of services to the client.
SB624,15,133
51.437
(4r) (b) Notwithstanding ss. 48.78 (2) (a), 49.45 (4),
49.53 (1m) 49.83,
451.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7)
and, 253.07 (3) (c)
and 938.78
5(2) (a), any subunit of the county department of developmental disabilities services
6acting under this section may exchange confidential information about a client,
7without the informed consent of the client, with any other subunit of the same county
8department of developmental disabilities services or with any person providing
9services to the client under a purchase of services contract with the county
10department of developmental disabilities services, if necessary to enable an employe
11or service provider to perform his or her duties, or to enable the county department
12of developmental disabilities services to coordinate the delivery of services to the
13client.
SB624, s. 23
14Section
23. 103.67 (2) (j) of the statutes is created to read:
SB624,15,1815
103.67
(2) (j) Minors 10 to 13 years of age may be employed as participants in
16a restitution project under s. 938.245 (2) (a) 5., 938.32 (1t) (a), 938.34 (5) or 938.345
17or a supervised work program or other community service work under s. 938.245 (2)
18(a) 6., 938.32 (1t) (b), 938.34 (5g), 938.343 (3) or 938.345.
SB624,16,521
103.70 (1) Except as otherwise provided in sub. (2) and in ss. 103.21 to 103.31
22and, 103.78
, 938.245 (2) (a) 5. b., 938.32 (1t) (a) 2. and 938.34 (5) (b) and (5g) (c), and
23as may be provided under s. 103.79, a minor, unless indentured as an apprentice in
24accordance with s. 106.01, or unless 12 years and over and engaged in agricultural
25pursuits, or unless 14 years and over and enrolled in a youth apprenticeship program
1under s. 106.13, shall not be employed or permitted to work at any gainful occupation
2or employment unless there is first obtained from the department or a permit officer
3a written permit authorizing the employment of the minor within those periods of
4time stated in the permit, which shall not exceed the maximum hours prescribed by
5law.
SB624, s. 25
6Section
25. 111.35 (2) (d) of the statutes is amended to read:
SB624,16,77
111.35
(2) (d) Constitutes a violation of s.
48.983 938.983 (2).
SB624, s. 26
8Section
26. 118.125 (1) (a) of the statutes, as affected by 1995 Wisconsin Acts
977 and .... (Assembly Bill 609), is amended to read:
SB624,16,1610
118.125
(1) (a) "Behavioral records" means those pupil records which include
11psychological tests, personality evaluations, records of conversations, any written
12statement relating specifically to an individual pupil's behavior, tests relating
13specifically to achievement or measurement of ability, the pupil's physical health
14records other than his or her immunization records or any lead screening records
15required under s. 254.162, law enforcement officers' records obtained under s. 48.396
16(1) or 938.396 (1m)
(a) and any other pupil records that are not progress records.
SB624, s. 27
17Section
27. 118.125 (2) (d) of the statutes, as affected by 1995 Wisconsin Acts
1877 and .... (Assembly Bill 609), is repealed and recreated to read:
SB624,17,1719
118.125
(2) (d) Pupil records shall be made available to persons employed by
20the school district which the pupil attends who are required by the department under
21s. 115.28 (7) to hold a license and other school district officials who have been
22determined by the school board to have legitimate educational interests, including
23safety interests, in the pupil records. Law enforcement officers' records obtained
24under s. 938.396 (1m) (a) shall be made available under this paragraph for the
25purposes of s. 118.127 (2) to those employes of the school district who have been
1designated by the school board to receive that information for the purpose of
2providing alcohol and other drug abuse programs. Law enforcement officers' records
3obtained under s. 938.396 (1m) (am) and (b) shall be made available under this
4paragraph for the purposes of s. 118.127 (2m) and (3) to persons employed by the
5school district which the pupil attends who are required by the department under s.
6115.28 (7) to hold a license, to other school district officials who have been determined
7by the school board to have legitimate educational interests, including safety
8interests, in those records and to those employes of the school district who have been
9designated by the school board to receive that information for the purpose of
10providing treatment programs. A school board member or an employe of a school
11district may not be held personally liable for any damages caused by the
12nondisclosure of any information specified in this paragraph unless the member or
13employe acted with actual malice in failing to disclose the information. A school
14district may not be held liable for any damages caused by the nondisclosure of any
15information specified in this paragraph unless the school district or its agent acted
16with gross negligence or with reckless, wanton or intentional misconduct in failing
17to disclose the information.
SB624, s. 28
18Section
28. 118.125 (2) (e) of the statutes, as affected by 1995 Wisconsin Acts
1977 and .... (Assembly Bill 609), is amended to read:
SB624,18,220
118.125
(2) (e) Upon the written permission of an adult pupil, or the parent or
21guardian of a minor pupil, the school shall make available to the person named in
22the permission the pupil's progress records or such portions of the pupil's behavioral
23records as determined by the person authorizing the release. Law enforcement
24officers' records obtained under s. 938.396 (1m)
(a) may not be made available under
1this paragraph unless specifically identified by the adult pupil or by the parent or
2guardian of a minor pupil in the written permission.
SB624, s. 29
3Section
29. 118.125 (3) of the statutes, as affected by 1995 Wisconsin Acts 77
4and .... (Assembly bill 609), is amended to read:
SB624,18,175
118.125
(3) Maintenance of records. Each school board shall adopt rules in
6writing specifying the content of pupil records and the time during which pupil
7records shall be maintained. No behavioral records may be maintained for more than
8one year after the pupil ceases to be enrolled in the school, unless the pupil specifies
9in writing that his or her behavioral records may be maintained for a longer period.
10A pupil's progress records shall be maintained for at least 5 years after the pupil
11ceases to be enrolled in the school. A school board may maintain the records on
12microfilm, optical disk or in electronic format if authorized under s. 19.21 (4) (c), or
13in such other form as the school board deems appropriate. A school board shall
14maintain law enforcement officers' records
and other information obtained under s.
15938.396 (1m)
(a) separately from a pupil's other pupil records. Rules adopted under
16this subsection shall be published by the school board as a class 1 notice under ch.
17985.
SB624,18,2320
118.125
(5) (b) Law enforcement officers' records
and other information 21obtained under s. 938.396 (1m) and records of the court assigned to exercise
22jurisdiction under chs. 48 and 938 obtained under s. 938.396 (7) shall not be used as
23the sole basis for expelling or suspending a pupil.
SB624,19,1
1118.127 (title)
Law enforcement
officers' records agency information.
SB624,19,74
118.127
(1) Upon receipt of information from
a law enforcement
officers'
5records obtained agency under s. 938.396 (1m)
(a), the school district administrator
6shall notify any pupil named in the
records information, and the parent or guardian
7of any minor pupil named in the
records information, of the information.
SB624, s. 33
8Section
33. 118.127 (2) of the statutes, as affected by 1995 Wisconsin Acts 77
9and .... (Assembly Bill 609), is amended to read:
SB624,19,1410
118.127
(2) A school district shall use information from law enforcement
11officers' records obtained under s. 938.396 (1m) (a)
1. for the purpose of providing
12alcohol and other drug abuse programs for pupils enrolled in the school district. A
13school district shall not use law enforcement officers' records obtained under s.
14938.396 (1m) (a) as the sole basis for expelling or suspending a pupil.
SB624,19,2217
118.127
(3) A school district shall use information from law enforcement
18officers' records obtained under s. 938.396 (1m) (b) for legitimate educational
or
19safety purposes
, including safety purposes, and for the purpose of providing
20treatment programs for pupils enrolled in the school district. A school district shall
21not use law enforcement officers' records obtained under s. 938.396 (1m) (b) as the
22sole basis for expelling or suspending a pupil.
SB624, s. 35
23Section
35. 118.127 (3) of the statutes, as created by 1995 Wisconsin Act ....
24(Assembly Bill 609), is renumbered 118.127 (2m) and amended to read:
SB624,20,11
1118.127
(2m) A school district may disclose information from
peace law
2enforcement officers' records obtained under s.
48.396 (1m) (a) 2. 938.396 (1m) (am) 3relating to a pupil of the school district as provided in s. 118.125 (2) (d). A school
4district may disclose information from peace officers' records obtained under s.
548.396 (1m) (a) 2. 938.396 (1m) (am) relating to a person who is not a pupil of the
6school district to any person employed by the school district who is required by the
7department under s. 115.28 (7) to hold a license and to other school district officials
8who have been determined by the school board to have legitimate safety interests in
9that information.
A school district shall not use law enforcement officers' records
10obtained under s. 938.396 (1m) (am) as the sole basis for expelling or suspending a
11pupil.
SB624, s. 36
12Section
36. 118.163 (2) (intro.) of the statutes is amended to read:
SB624,20,1513
118.163
(2) (intro.) A county, city, village or town may enact an ordinance
14prohibiting a
child person under 18 years of age from being a habitual truant. The
15ordinance shall provide which of the following dispositions are available to the court:
SB624, s. 37
16Section
37. 118.163 (2) (a) of the statutes is amended to read:
SB624,20,2117
118.163
(2) (a) Suspension of the
child's person's operating privilege, as defined
18in s. 340.01 (40), for not less than 30 days nor more than 90 days. The court shall
19immediately take possession of any suspended license and forward it to the
20department of transportation together with a notice stating the reason for and the
21duration of the suspension.
