LRBa4454/1
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1995 - 1996 LEGISLATURE
SENATE AMENDMENT 3,
To 1995 SENATE BILL 624
March 26, 1996 - Offered by Committee on Judiciary.
SB624-SA3,1,11 At the locations indicated, amend the bill as follows:
SB624-SA3,1,2 21. Page 11, line 12: after that line insert:
SB624-SA3,1,4 3" Section 10m. 48.02 (1) of the statutes, as affected by 1995 Wisconsin Act 77,
4is amended to read:
SB624-SA3,1,85 48.02 (1) "Adult" means a person who is 18 years of age or older, except that
6for purposes of investigating or prosecuting a person who is alleged to have violated
7any state or federal criminal law or any civil law or municipal ordinance, "adult"
8means a person who has attained 17 years of age.
SB624-SA3, s. 10p 9Section 10p. 48.02 (2) of the statutes, as affected by 1995 Wisconsin Act 77,
10is amended to read:
SB624-SA3,1,1411 48.02 (2) "Child" means a person who is less than 18 years of age, except that
12for purposes of investigating or prosecuting a person who is alleged to have violated
13a state or federal criminal law or any civil law or municipal ordinance, "child" does
14not include a person who has attained 17 years of age.".
SB624-SA3,1,15 152. Page 12, line 25: after that line insert:
SB624-SA3,1,16 16" Section 16m. 48.396 (5) of the statutes is created to read:
SB624-SA3,2,4
148.396 (5) (a) Any person who is denied access to a record under sub. (1), (1b)
2or (1d) may petition the court to order the disclosure of the records governed by the
3applicable subsection. The petition shall be in writing and shall describe as
4specifically as possible all of the following:
SB624-SA3,2,55 1. The type of information sought.
SB624-SA3,2,66 2. The reason the information is being sought.
SB624-SA3,2,87 3. The basis for the petitioner's belief that the information is contained in the
8records.
SB624-SA3,2,109 4. The relevance of the information sought to the petitioner's reason for seeking
10the information.
SB624-SA3,2,1111 5. The petitioner's efforts to obtain the information from other sources.
SB624-SA3,2,1512 (b) The court shall notify the child, the child's counsel, the child's parents and
13appropriate law enforcement agencies in writing of the petition. If any person
14notified objects to the disclosure, the court may hold a hearing to take evidence
15relating to the petitioner's need for the disclosure.
SB624-SA3,2,2216 (c) The court shall make an inspection, which may be in camera, of the child's
17records. If the court determines that the information sought is for good cause and
18that it cannot be obtained with reasonable effort from other sources, it shall then
19determine whether the petitioner's need for the information outweighs society's
20interest in protecting its confidentiality. In making this determination, the court
21shall balance the petitioner's interest in obtaining access to the record against the
22child's interest in avoiding the stigma that might result from disclosure.
SB624-SA3,2,2523 (d) If the court determines that disclosure is warranted, it shall order the
24disclosure of only as much information as is necessary to meet the petitioner's need
25for the information.
SB624-SA3,3,3
1(e) The court shall record the reasons for its decision to disclose or not to disclose
2the child's records. All records related to a decision under this subsection are
3confidential.".
SB624-SA3,3,4 43. Page 15, line 15: delete "10 to 13" and substitute "under 14".
SB624-SA3,3,5 54. Page 26, line 23: after that line insert:
SB624-SA3,3,7 6" Section 53m. 938.02 (1) of the statutes, as created by 1995 Wisconsin Act 77,
7is amended to read:
SB624-SA3,3,118 938.02 (1) "Adult" means a person who is 18 years of age or older, except that
9for purposes of investigating or prosecuting a person who is alleged to have violated
10any state or federal criminal law or any civil law or municipal ordinance, "adult"
11means a person who has attained 17 years of age.
SB624-SA3, s. 53p 12Section 53p. 938.02 (10m) of the statutes, as created by 1995 Wisconsin Act
1377
, is amended to read:
SB624-SA3,3,1714 938.02 (10m) "Juvenile" means a person who is less than 18 years of age, except
15that for purposes of investigating or prosecuting a person who is alleged to have
16violated a state or federal criminal law or any civil law or municipal ordinance,
17"juvenile" does not include a person who has attained 17 years of age.".
SB624-SA3,3,18 185. Page 53, line 7: after "the" insert "Type 2 secured correctional facility or".
SB624-SA3,3,19 196. Page 53, line 9: after "county" delete the comma.
SB624-SA3,3,20 207. Page 55, line 4: after that line insert:
SB624-SA3,3,22 21" Section 109m. 938.396 (1) of the statutes, as created by 1995 Wisconsin Act
2277
, is amended to read:
SB624-SA3,4,1223 938.396 (1) Law enforcement officers' records of juveniles shall be kept
24separate from records of adults. Law enforcement officers' records of juveniles shall

1not be open to inspection or their contents disclosed except under sub. (1b), (1d), (1g),
2(1m), (1r), (1t) or (1v) or s. 938.293 or by order of the court. This subsection does not
3apply to representatives of the news media who wish to obtain information for the
4purpose of reporting news without revealing the identity of the juvenile involved, to
5victim-witness coordinators, to victims of a juvenile's act who wish to obtain
6information for the purpose of recovering for any loss, damage or injury suffered as
7a result of the juvenile's act, to insurance companies that wish to obtain information
8for the purpose of investigating a claim involving the juvenile,
to the confidential
9exchange of information between the police and officials of the school attended by the
10juvenile or other law enforcement or social welfare agencies or to juveniles 10 years
11of age or older who are subject to the jurisdiction of the court of criminal
12jurisdiction.".
SB624-SA3,4,13 138. Page 55, line 7: after "may" insert: ", subject to official agency policy,".
SB624-SA3,4,14 149. Page 55, line 9: after that line insert:
SB624-SA3,4,16 15" Section 110m. 938.396 (1r) of the statutes, as created by 1995 Wisconsin Act
1677
, is amended to read:
SB624-SA3,4,2217 938.396 (1r) If requested by a victim of a juvenile's act, a law enforcement
18agency may, subject to official agency policy, disclose to the victim any information
19in its records relating to the injury, loss or damage suffered by the victim, including
20the name and address of the juvenile and the juvenile's parents. The victim may use
21and further disclose the information only for the purpose of recovering for the injury,
22damage or loss suffered as a result of the juvenile's act.
SB624-SA3, s. 110p 23Section 110p. 938.396 (1t) of the statutes, as created by 1995 Wisconsin Act
2477
, is amended to read:
SB624-SA3,5,9
1938.396 (1t) If a juvenile who has been ordered to make restitution for any
2injury, loss or damage caused by the juvenile and if the juvenile has failed to make
3that restitution within one year after the entry of the order, the victim's insurer may
4request a law enforcement agency to disclose to the insurer any information in its
5records relating to the injury, loss or damage suffered by the victim, including the
6name and address of the juvenile and the juvenile's parents, and the law enforcement
7agency may, subject to official agency policy, disclose to the victim's insurer that
8information
. The insurer may use and further disclose the information only for the
9purpose of investigating a claim arising out of the juvenile's act.
SB624-SA3, s. 110r 10Section 110r. 938.396 (1v) of the statutes, as created by 1995 Wisconsin Act
1177
, is amended to read:
SB624-SA3,5,2012 938.396 (1v) If a law enforcement agency discloses information in its records
13under sub. (1), (1g), (1m) or (1r), the law enforcement agency shall immediately notify
14the juvenile who is the subject of the record and or, if the juvenile is under 14 years
15of age,
the juvenile's parent, guardian or legal custodian of that disclosure and shall
16immediately provide to the juvenile and the parent, guardian or legal custodian the
17information disclosed
, unless the law enforcement agency determines that
18notification of that disclosure would be contrary to public safety or the best interests
19of the juvenile. The law enforcement agency shall provide that notice to the
20last-known address of the juvenile, parent, guardian or legal custodian
.".
SB624-SA3,5,21 2110. Page 56, line 2: after that line insert:
SB624-SA3,5,22 22" Section 112m. 938.396 (5) of the statutes is created to read:
SB624-SA3,6,223 938.396 (5) (a) Any person who is denied access to a record under sub. (1), (1b),
24(1d), (1g), (1m), (1r) or (1t) may petition the court to order the disclosure of the records

1governed by the applicable subsection. The petition shall be in writing and shall
2describe as specifically as possible all of the following:
SB624-SA3,6,33 1. The type of information sought.
SB624-SA3,6,44 2. The reason the information is being sought.
SB624-SA3,6,65 3. The basis for the petitioner's belief that the information is contained in the
6records.
SB624-SA3,6,87 4. The relevance of the information sought to the petitioner's reason for seeking
8the information.
SB624-SA3,6,99 5. The petitioner's efforts to obtain the information from other sources.
SB624-SA3,6,1310 (b) The court shall notify the juvenile, the juvenile's counsel, the juvenile's
11parents and appropriate law enforcement agencies in writing of the petition. If any
12person notified objects to the disclosure, the court may hold a hearing to take
13evidence relating to the petitioner's need for the disclosure.
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