The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB110, s. 1 1Section 1. 756.06 (2) (d) of the statutes is amended to read:
AB110,2,32 756.06 (2) (d) This subsection does not apply to cases under ch. 938 other than
3cases described in s. 938.30 (2) in which the juvenile has the right to a jury trial
.
AB110, s. 2 4Section 2. 938.235 (6) of the statutes is created to read:
AB110,2,75 938.235 (6) Communication to a jury. In jury trials under this chapter, the
6guardian ad litem or the court may tell the jury that the guardian ad litem represents
7the interests of the person for whom the guardian ad litem was appointed.
AB110, s. 3 8Section 3. 938.243 (1) (c) of the statutes is amended to read:
AB110,2,129 938.243 (1) (c) The right to remain silent and the fact that in a delinquency
10proceeding the silence of the juvenile shall not be adversely considered by the court
11or jury although the silence of any party may be relevant in any nondelinquency
12proceeding.
AB110, s. 4 13Section 4. 938.243 (1) (g) of the statutes is created to read:
AB110,2,1714 938.243 (1) (g) The right to a jury trial, if the petitioner reserves the right under
15s. 938.255 (1) (d) to recommend placement of the juvenile in the Serious Juvenile
16Offender Program under s. 938.34 (4h) or in a secured correctional facility under s.
17938.34 (4m) beyond the juvenile's 17th birthday.
AB110, s. 5 18Section 5. 938.255 (1) (d) of the statutes is amended to read:
AB110,3,419 938.255 (1) (d) If violation of a criminal statute, an ordinance, or another law
20is alleged, the citation to the appropriate law or ordinance as well as, facts sufficient
21to establish probable cause that an offense has been committed and that the juvenile

1named in the petition committed the offense, and a statement whether the petitioner
2is reserving the right to recommend placement of the juvenile in the Serious Juvenile
3Offender Program under s. 938.34 (4h) or in a secured correctional facility under s.
4938.34 (4m) beyond the juvenile's 17th birthday
.
AB110, s. 6 5Section 6. 938.30 (2) of the statutes is amended to read:
AB110,3,186 938.30 (2) At or before the commencement of the hearing under this section the
7juvenile and the parent, guardian, or legal custodian shall be advised of their rights
8as specified in s. 938.243 and shall be informed that the hearing shall be to the court
9and that a request for a substitution of judge under s. 938.29 must be made before
10the end of the plea hearing or be waived, except that if the juvenile is before the court
11on a petition under s. 938.12 in which the petitioner has reserved the right under s.
12938.255 (1) (d) to recommend placement of the juvenile in the Serious Juvenile
13Offender Program under s. 938.34 (4h) or in a secured correctional facility under s.
14938.34 (4m) beyond the juvenile's 17th birthday, the court shall inform the juvenile
15and the parent, guardian, or legal custodian that a request for a jury trial must be
16made before the end of the plea hearing or be waived
. Nonpetitioning parties,
17including the juvenile, shall be granted a continuance of the plea hearing if they wish
18to consult with an attorney on the request for a jury trial or substitution of a judge.
AB110, s. 7 19Section 7. 938.31 (2) of the statutes is amended to read:
AB110,4,720 938.31 (2) The hearing shall be to the court unless a juvenile who has the right
21to a jury trial as described in s. 938.30 (2) or the parent, guardian, or legal custodian
22of the juvenile exercises that right by demanding a jury trial at any time before or
23during the plea hearing. Sections 972.03 and 972.04 shall govern the selection of
24jurors in cases in which a jury trial has been demanded
. If the hearing involves a
25child victim, as defined in s. 938.02 (20m) (a) 1., or a child witness, as defined in s.

1950.02 (5), the court may order the taking and allow the use of a videotaped
2deposition under s. 967.04 (7) to (10) and, with the district attorney, shall comply with
3s. 971.105. At the conclusion of the hearing, the court or jury shall make a
4determination of the facts. If the court finds that the juvenile is not within the
5jurisdiction of the court or the court or jury finds that the facts alleged in the petition
6or citation have not been proved, the court shall dismiss the petition or citation with
7prejudice.
AB110, s. 8 8Section 8. 938.31 (4) of the statutes is amended to read:
AB110,4,189 938.31 (4) The court shall make findings of fact and conclusions of law relating
10to the allegations of a petition under s. 938.12, 938.125, or 938.13, except that in cases
11in which the petitioner has reserved the right under s. 938.255 (1) (d) to recommend
12placement of the juvenile in the Serious Juvenile Offender Program under s. 938.34
13(4h) or in a secured correctional facility under s. 938.34 (4m) beyond the juvenile's
1417th birthday, the court or jury shall make findings of fact and the court shall make
15conclusions of law relating to the allegations of the petition
. In cases alleging a
16juvenile to be delinquent or in need of protection or services under s. 938.13 (12), the
17court shall make findings relating to the proof of the violation of law and to the proof
18that the juvenile named in the petition committed the violation alleged.
AB110, s. 9 19Section 9. 938.317 of the statutes is renumbered 938.317 (intro.) and amended
20to read:
AB110,4,21 21938.317 Jeopardy (intro.) Jeopardy attaches:
AB110,4,22 22(1) In a trial to the court, when a witness is sworn.
AB110, s. 10 23Section 10. 938.317 (2) of the statutes is created to read:
AB110,4,2524 938.317 (2) In a jury trial, when the jury selection is completed and the jury
25is sworn.
AB110, s. 11
1Section 11. 938.355 (4) (b) of the statutes is amended to read:
AB110,5,182 938.355 (4) (b) Except as provided in under par. (c) and s. 938.368, an order
3under s. 938.34 (4d) or (4m) made before the juvenile reaches 18 years of age may
4apply for up to 2 years after its entry or until the juvenile's 18th birthday, whichever
5is earlier, unless the court specifies a shorter period of time or the court terminates
6the order sooner. Except as provided in under par. (c) and s. 938.368, an order under
7s. 938.34 (4h) made before the juvenile reaches 18 years of age shall apply for 5 years
8after its entry, if the juvenile is adjudicated delinquent for committing a violation of
9s. 943.10 (2) or for committing an act that would be punishable as a Class B or C
10felony if committed by an adult, or until the juvenile reaches 25 years of age, if the
11juvenile is adjudicated delinquent for committing an act that would be punishable
12as a Class A felony if committed by an adult. Except as provided in s. 938.368, an
13extension of an order under s. 938.34 (4d), (4h), (4m), or (4n) made before the juvenile
14reaches 17 years of age shall terminate at the end of one year after its entry unless
15the court specifies a shorter period of time or the court terminates the order sooner.
16No extension under s. 938.365 of an original dispositional order under s. 938.34 (4d),
17(4h), (4m), or (4n) may be granted for a juvenile who is 17 years of age or older when
18the original dispositional order terminates.
AB110, s. 12 19Section 12. 938.355 (4) (c) of the statutes is created to read:
AB110,5,2420 938.355 (4) (c) An order under s. 938.34 (4h) or (4m) may apply beyond the
21juvenile's 17th birthday only if the petitioner has reserved the right under s. 938.255
22(1) (d) to recommend placement of the juvenile in the Serious Juvenile Offender
23Program under s. 938.34 (4h) or in a secured correctional facility under s. 938.34 (4m)
24beyond the juvenile's 17th birthday.
AB110, s. 13 25Section 13. Initial applicability.
AB110,6,3
1(1) Jury trials in proceedings under the Juvenile Justice Code. This act first
2applies to a violation of a criminal law allegedly committed on the effective date of
3this subsection.
AB110,6,44 (End)
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