AB979: Bill Text

This bill prohibits a person from knowingly harboring or aiding a juvenile (a person under the age of 18) after the juvenile does any of the following: 1) runs away from his or her parents, guardian or legal or physical custodian; 2) intentionally fails to appear before a juvenile court for a juvenile court proceeding; or 3) escapes from a juvenile correctional facility, secure detention facility or other type of custody. A person who violates the prohibition created by the bill is guilty of a Class A misdemeanor. The bill also exempts all of the following from the prohibition on harboring or aiding a juvenile who runs away from his or her parents, guardian or legal or physical custodian: 1) a parent or grandparent of a runaway juvenile; 2) a foster home or treatment foster home authorized to provide services to runaways (a runaway home); and 3) any other person who harbors a runaway juvenile if, within 12 hours after the juvenile joins him or her, the person either notifies the juvenile's parents, guardian or legal custodian that the juvenile is with him or her or requests a runaway home or a child welfare agency to notify the juvenile's parents, guardian or legal custodian that the juvenile is with him or her.

The penalties for the crime classifications mentioned above are as follows: - See PDF for table

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB979, s. 1 Section 1. 946.475 of the statutes is created to read:

AB979,2,3 946.475 Harboring juvenile who has absconded, escaped or run away. (1) In this section:

AB979,2,5 (a) "Court" means the court assigned to exercise jurisdiction under ch. 48 or 938.

AB979,2,6 (b) "Custody" has the meaning given in s. 946.42 (1) (a).

AB979,2,7 (c) "Escape" has the meaning given in s. 946.42 (1) (b).

AB979,2,9 (d) "Guardian" means the person named by a court to have the duty and authority of guardianship of a juvenile.

AB979,2,10 (e) "Juvenile" means a person who has not attained 18 years of age.

AB979,2,13 (f) "Legal custodian" means a person, other than a parent or guardian, or an agency to whom legal custody of a juvenile has been transferred by a court, but does not include a person who has only physical custody of the juvenile.

AB979,3,6 (g) "Legal custody" means a legal status created by the order of a court, which confers the right and duty to protect, train and discipline a juvenile, and to provide food, shelter, legal services, education and ordinary medical and dental care, subject to the rights, duties and responsibilities of the guardian of the juvenile and subject to any residual parental rights and responsibilities and the provisions of any court order.

AB979,3,12 (h) "Parent" means either a biological parent, a husband who has consented to the artificial insemination of his wife under s. 891.40, or a parent by adoption. If the juvenile is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60, "parent" includes a person adjudged in a judicial proceeding to be the biological father. "Parent" does not include any person whose parental rights have been terminated.

AB979,3,14 (i) "Physical custody" means actual custody of the person in the absence of an order of a court granting legal custody to the physical custodian.

AB979,3,16 (2) Whoever knowingly harbors or aids a juvenile after the juvenile does any of the following is guilty of a Class A misdemeanor:

AB979,3,18 (a) The juvenile runs away from his or her parents, guardian, legal custodian or person who has physical custody of the juvenile.

AB979,3,20 (b) The juvenile intentionally fails to appear before a court for a hearing in any proceeding under ch. 48 or 938.

AB979,3,21 (c) The juvenile escapes from custody.

AB979,3,22 (3) Subsection (2) (a) does not apply to any of the following:

AB979,3,24 (a) A home licensed under s. 48.48 or 48.75 that is providing housing or services to a juvenile as provided in s. 48.227.

AB979,3,25 (b) A parent or grandparent of a juvenile.

AB979,4,2 (c) A person who, within 12 hours after the time that the juvenile joins the person, does any of the following:

AB979,4,4 1. Notifies a parent, guardian or legal custodian of a runaway juvenile that the juvenile is with the person.

AB979,4,6 2. Requests any of the following to notify a parent, guardian or legal custodian of a runaway juvenile that the juvenile is with the person:

AB979,4,7 a. A child welfare agency licensed under s. 48.60.

AB979,4,9 b. A home licensed under s. 48.48 or 48.75 that provides housing and services to juveniles under s. 48.227.

AB979, s. 2 Section 2. Effective date.

AB979,4,12 (1) This act takes effect on July 1, 1996, or on the day after publication, whichever is later.

AB979,4,13 (End)