AB732: Bill Text

AB732,21,20 938.35 (1m) Future criminal proceedings barred. Disposition by the court assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation under s. 938.12 or 938.13 (12) that the juvenile has committed a violation that would be punishable as a felony if committed by an adult shall bar any future proceeding on the same matter in criminal court when the juvenile attains 17 years of age. Disposition by the court assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation under s. 938.12 or 938.13 (12) that the juvenile has committed a violation that would be punishable as a misdemeanor if committed by an adult shall bar any future proceeding on the same matter in criminal court when the juvenile attains 18 years of age. This paragraph subsection does not affect proceedings in criminal court that have been transferred under s. 938.18.

AB732, s. 60 Section 60. 938.35 (1m) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB732,22,2 938.35 (1m) Future criminal proceedings barred. Disposition by the court assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation under s. 938.12 or 938.13 (12) shall bar any future proceeding on the same matter in criminal court when the juvenile attains 18 years of age. This subsection does not affect proceedings in criminal court that have been transferred under s. 938.18.

AB732, s. 61 Section 61. 938.355 (4) (b) of the statutes is amended to read:

AB732,22,24 938.355 (4) (b) Except as provided in s. 938.368, an order under s. 938.34 (4d) or (4m) made before the juvenile attains 18 years of age may apply for up to 2 years after the date on which the order is granted or until the juvenile's 18th 19th birthday, whichever is earlier, unless the court specifies a shorter period of time or the court terminates the order sooner. If the order does not specify a termination date, it shall apply for one year after the date on which the order is granted or until the juvenile's 18th birthday, whichever is earlier, unless the court terminates the order sooner. Except as provided in s. 938.368, an order under s. 938.34 (4h) made before the juvenile attains 18 years of age shall apply for 5 years after the date on which the order is granted, if the juvenile is adjudicated delinquent for committing a violation of s. 943.10 (2) or for committing an act that would be punishable as a Class B or C felony if committed by an adult, or until the juvenile reaches 25 years of age, if the juvenile is adjudicated delinquent for committing an act that would be punishable as a Class A felony if committed by an adult. Except as provided in s. 938.368, an extension of an order under s. 938.34 (4d), (4h), (4m), or (4n) made before the juvenile attains 17 18 years of age shall terminate at the end of one year after the date on which the order is granted unless the court specifies a shorter period of time or the court terminates the order sooner. No extension under s. 938.365 of an original dispositional order under s. 938.34 (4d), (4h), (4m), or (4n) may be granted for a juvenile who is 17 18 years of age or older when the original dispositional order terminates.

AB732, s. 62 Section 62. 938.355 (4m) (a) of the statutes is amended to read:

AB732,23,11 938.355 (4m) (a) A juvenile who has been adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 for committing a violation that would be punishable as a felony if committed by an adult may, on attaining 17 years of age, petition the court to expunge the court's record of the juvenile's adjudication. A juvenile who has been adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 for committing a violation that would be punishable as a misdemeanor if committed by an adult may, on attaining 18 years of age, petition the court to expunge the court's record of the juvenile's adjudication. Subject to par. (b), the court may expunge the record if the court determines that the juvenile has satisfactorily complied with the conditions of his or her dispositional order and that the juvenile will benefit from, and society will not be harmed by, the expungement.

AB732, s. 63 Section 63. 938.355 (4m) (a) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB732,23,19 938.355 (4m) (a) A juvenile who has been adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 may, on attaining 18 years of age, petition the court to expunge the court's record of the juvenile's adjudication. Subject to par. (b), the court may expunge the record if the court determines that the juvenile has satisfactorily complied with the conditions of his or her dispositional order and that the juvenile will benefit from, and society will not be harmed by, the expungement.

AB732, s. 64 Section 64. 938.39 of the statutes is amended to read:

AB732,24,4 938.39 Disposition by court bars criminal proceeding. Disposition by the court of any violation of state law within its jurisdiction under s. 938.12 that would be punishable as a felony if committed by an adult bars any future criminal proceeding on the same matter in circuit court when the juvenile reaches the age of 17. Disposition by the court of any violation of state law within its jurisdiction under s. 938.12 that would be punishable as a misdemeanor if committed by an adult bars any future criminal proceeding on the same matter in circuit court when the juvenile reaches the age of 18. This section does not affect criminal proceedings in circuit court that were transferred under s. 938.18.

AB732, s. 65 Section 65. 938.39 of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB732,24,11 938.39 Disposition by court bars criminal proceeding. Disposition by the court of any violation of state law within its jurisdiction under s. 938.12 bars any future criminal proceeding on the same matter in circuit court when the juvenile reaches the age of 18. This section does not affect criminal proceedings in circuit court that were transferred under s. 938.18.

AB732, s. 66 Section 66. Subchapter IX (title) of chapter 938 [precedes 938.44] of the statutes is amended to read:

AB732,24,14 CHAPTER 938

AB732,24,15 SUBCHAPTER IX

AB732,24,16 JURISDICTION OVER PERSONS 17 18 OR OLDER

AB732, s. 67 Section 67. 938.44 of the statutes is amended to read:

AB732,24,20 938.44 Jurisdiction over persons 17 18 or older. The court has jurisdiction over persons 17 18 years of age or older as provided under ss. 938.355 (4) and 938.45 and as otherwise specified in this chapter.

AB732, s. 68 Section 68. 938.45 (1) (a) of the statutes is amended to read:

AB732,25,7 938.45 (1) (a) If in the hearing of a case of a juvenile alleged to be delinquent under s. 938.12 or in need of protection or services under s. 938.13 it appears that any person 17 years of age or older has been guilty of contributing to, encouraging, or tending to cause, by any act or omission, such that is punishable as a felony, that condition of the juvenile or that any person 18 years of age or older has been guilty of contributing to, encouraging, or tending to cause, by an act or omission that is punishable as a misdemeanor, that condition of the juvenile, the court may make orders with respect to the conduct of that person in his or her relationship to the juvenile, including orders relating to determining the ability of the person to provide for the maintenance or care of the juvenile and directing when, how, and where funds for the maintenance or care shall be paid.

AB732, s. 69 Section 69. 938.45 (1) (a) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB732,25,17 938.45 (1) (a) If in the hearing of a case of a juvenile alleged to be delinquent under s. 938.12 or in need of protection or services under s. 938.13 it appears that any person 18 years of age or older has been guilty of contributing to, encouraging, or tending to cause, by any act or omission, that condition of the juvenile, the court may make orders with respect to the conduct of that person in his or her relationship to the juvenile, including orders relating to determining the ability of the person to provide for the maintenance or care of the juvenile and directing when, how, and where funds for the maintenance or care shall be paid.

AB732, s. 70 Section 70. 938.45 (3) of the statutes is amended to read:

AB732,25,25 938.45 (3) Prosecution of adult contributing to delinquency of juvenile. If it appears at a court hearing that any person 17 years of age or older has violated s. 948.40 and that the violation is punishable as a felony or that any person 18 years of age or older has violated s. 948.40 and that the violation is punishable as a misdemeanor, the court shall refer the record to the district attorney. This subsection does not prohibit prosecution of violations of s. 948.40 without the prior reference by the court to the district attorney.

AB732, s. 71 Section 71. 938.45 (3) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB732,26,7 938.45 (3) Prosecution of adult contributing to delinquency of juvenile. If it appears at a court hearing that any person 18 years of age or older has violated s. 948.40, the court shall refer the record to the district attorney. This subsection does not prohibit prosecution of violations of s. 948.40 without the prior reference by the court to the district attorney.

AB732, s. 72 Section 72. 938.48 (4m) (title) of the statutes is amended to read:

AB732,26,9 938.48 (4m) (title) Continuing care and services for juveniles over 17 18.

AB732, s. 73 Section 73. 938.48 (4m) (a) of the statutes is amended to read:

AB732,26,11 938.48 (4m) (a) Is at least 17 18 years of age.

AB732, s. 74 Section 74. 938.48 (4m) (b) of the statutes is amended to read:

AB732,26,14 938.48 (4m) (b) Was under the supervision of the department under s. 938.183, 938.34 (4h), (4m), or (4n) or 938.357 (4) when the person reached 17 18 years of age.

AB732, s. 75 Section 75. 938.48 (14) of the statutes is amended to read:

AB732,26,23 938.48 (14) School-related expenses for juveniles over 17 18. Pay maintenance, tuition, and related expenses from the appropriation under s. 20.410 (3) (ho) for persons who, when they attained 17 18 years of age, were students regularly attending a school, college, or university or regularly attending a course of vocational or technical training designed to prepare them for gainful employment, and who upon attaining that age were under the supervision of the department under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (4) as a result of a judicial decision.

AB732, s. 76 Section 76. 938.57 (3) (title) of the statutes is amended to read:

AB732,26,25 938.57 (3) (title) Continuing maintenance for juveniles over 17 18 .

AB732, s. 77 Section 77. 938.57 (3) (a) 1. of the statutes is amended to read:

AB732,27,2 938.57 (3) (a) 1. Is 17 18 years of age or older.

AB732, s. 78 Section 78. 938.57 (3) (a) 3. of the statutes is amended to read:

AB732,27,5 938.57 (3) (a) 3. Received funding under s. 48.569 (1) (d) immediately prior to his or her 17th 18th birthday.

AB732, s. 79 Section 79. 938.57 (3) (b) of the statutes is amended to read:

AB732,27,9 938.57 (3) (b) The funding provided for the maintenance of a juvenile under par. (a) shall be in an amount equal to that to which the juvenile would receive under s. 48.569 (1) (d) if the juvenile were 16 17 years of age.

AB732, s. 80 Section 80. 946.50 (intro.) of the statutes is amended to read:

AB732,27,18 946.50 Absconding. (intro.) Any person who is adjudicated delinquent, but who intentionally fails to appear before the court assigned to exercise jurisdiction under chs. 48 and 938 for his or her dispositional hearing under s. 938.335, and who does not return to that court for a dispositional hearing before attaining the age of 17 years, if adjudicated delinquent for committing a violation that would be a felony if committed by an adult, or 18 years, if adjudicated delinquent for committing a violation that would be a misdemeanor if committed by an adult, is guilty of the following:

AB732, s. 81 Section 81. 946.50 (intro.) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB732,27,25 946.50 Absconding. (intro.) Any person who is adjudicated delinquent, but who intentionally fails to appear before the court assigned to exercise jurisdiction under chs. 48 and 938 for his or her dispositional hearing under s. 938.335, and who does not return to that court for a dispositional hearing before attaining the age of 18 years is guilty of the following:

AB732, s. 82 Section 82. 948.01 (1) of the statutes is amended to read:

AB732,28,5 948.01 (1) "Child" means a person who has not attained the age of 18 years, except that for purposes of prosecuting a person who is alleged to have violated committed a violation of a state or federal criminal law that is punishable as a felony, "child" does not include a person who has attained the age of 17 years.

AB732, s. 83 Section 83. 948.01 (1) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB732,28,8 948.01 (1) "Child" means a person who has not attained the age of 18 years.

AB732, s. 84 Section 84. 948.11 (2) (am) (intro.) of the statutes is amended to read:

AB732,28,14 948.11 (2) (am) (intro.) Any person who has attained the age of 17 18 and who, with knowledge of the character and content of the description or narrative account, verbally communicates, by any means, a harmful description or narrative account to a child, with or without monetary consideration, is guilty of a Class I felony if any of the following applies:

AB732, s. 85 Section 85. 948.45 (1) of the statutes is amended to read:

AB732,28,19 948.45 (1) Except as provided in sub. (2), any person 17 18 years of age or older who, by any act or omission, knowingly encourages or contributes to the truancy, as defined under s. 118.16 (1) (c), of a person 17 18 years of age or under is guilty of a Class C misdemeanor.

AB732, s. 86 Section 86. 948.60 (2) (d) of the statutes is amended to read:

AB732,29,2 948.60 (2) (d) A person under 17 years of age who has violated this subsection par. (b) or (c) is subject to the provisions of ch. 938 unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183. A person under 18 years of age who has violated par. (a) is subject to ch. 938 unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.

AB732, s. 87 Section 87. 948.60 (2) (d) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB732,29,7 948.60 (2) (d) A person under 18 years of age who has violated this subsection is subject to ch. 938 unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.

AB732, s. 88 Section 88. 948.61 (4) of the statutes is amended to read:

AB732,29,14 948.61 (4) A person under 17 years of age who has violated this section sub. (2) (b) is subject to the provisions of ch. 938, unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183. A person under 18 years of age who has violated sub. (2) (a) is subject to ch. 938, unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.

AB732, s. 89 Section 89. 948.61 (4) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB732,29,19 948.61 (4) A person under 18 years of age who has violated this section is subject to ch. 938, unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.

AB732, s. 90 Section 90. 961.455 (1) of the statutes is amended to read:

AB732,29,23 961.455 (1) Any person who has attained the age of 17 18 years who knowingly solicits, hires, directs, employs, or uses a person who is under the age of 17 18 years for the purpose of violating s. 961.41 (1) is guilty of a Class F felony.

AB732, s. 91 Section 91. 961.46 of the statutes is amended to read:

AB732,30,5 961.46 Distribution to persons under age 18. If a person 17 18 years of age or over violates s. 961.41 (1) by distributing or delivering a controlled substance or a controlled substance analog to a person 17 years of age or under who is at least 3 years his or her junior, the applicable maximum term of imprisonment prescribed under s. 961.41 (1) for the offense may be increased by not more than 5 years.

AB732, s. 92 Section 92. 961.573 (2) of the statutes is amended to read:

AB732,30,8 961.573 (2) Any person who violates sub. (1) who is under 17 18 years of age who violates sub. (1) is subject to a disposition under s. 938.344 (2e).

AB732, s. 93 Section 93. 961.574 (2) of the statutes is amended to read:

AB732,30,11 961.574 (2) Any person who violates sub. (1) who is under 17 18 years of age who violates sub. (1) is subject to a disposition under s. 938.344 (2e).

AB732, s. 94 Section 94. 961.575 (1) of the statutes is amended to read:

AB732,30,16 961.575 (1) Any person 17 18 years of age or over who violates s. 961.574 (1) by delivering drug paraphernalia to a person 17 years of age or under who is at least 3 years younger than the violator may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

AB732, s. 95 Section 95. 961.575 (2) of the statutes is amended to read:

AB732,30,19 961.575 (2) Any person who violates this section who is under 17 under 18 years of age who violates s. 961.574 (3) is subject to a disposition under s. 938.344 (2e).

AB732, s. 96 Section 96. 961.575 (3) of the statutes is amended to read:

AB732,30,23 961.575 (3) Any person 17 18 years of age or over who violates s. 961.574 (3) by delivering drug paraphernalia to a person 17 years of age or under is guilty of a Class G felony.

AB732, s. 97 Section 97. 990.01 (3) of the statutes is amended to read:

AB732,31,5 990.01 (3) Adult. "Adult" means a person who has attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated committed a violation of any state or federal criminal law or any civil law or municipal ordinance that is punishable as a felony, "adult" means a person who has attained the age of 17 years.

AB732, s. 98 Section 98. 990.01 (3) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB732,31,8 990.01 (3) Adult. "Adult" means a person who has attained the age of 18 years.

AB732, s. 99 Section 99. 990.01 (20) of the statutes is amended to read:

AB732,31,14 990.01 (20) Minor. "Minor" means a person who has not attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated committed a violation of a state or federal criminal law or any civil law or municipal ordinance that is punishable as a felony, "minor" does not include a person who has attained the age of 17 years.

AB732, s. 100 Section 100. 990.01 (20) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB732,31,18 990.01 (20) Minor. "Minor" means a person who has not attained the age of 18 years.

AB732, s. 101 Section 101. Nonstatutory provisions.

AB732,32,4 (1) Transitional provision. Notwithstanding chapters 967 to 979 of the statutes, if beginning on July 1, 2010, and ending on June 30, 2011, a person 17 years of age is alleged to have committed a violation of a criminal law, the person is subject to the procedures specified in subchapters IV to VI of chapter 938 of the statutes, as affected by this act, until such time as the person is charged with a felony for committing that violation. If the person is charged with a felony, from that point the person is subject to the procedures specified in chapters 967 to 979 of the statutes. If the person is charged with a misdemeanor, the person remains subject to the procedures specified in subchapters IV to VI of chapter 938 of the statutes, as affected by this act.

AB732,32,13 (2) Youth aids daily rates. Notwithstanding section 301.26 (4) (d) 3. of the statutes, as affected by this act, the per person daily cost assessments to counties for care in a Type 1 juvenile correctional facility, as defined in section 938.02 (19) of the statutes, and for care for juveniles transferred from a juvenile correctional institution under section 51.35 (3) of the statutes specified in section 301.26 (4) (d) 3. of the statutes, as affected by this act, on the day before the effective date of this subsection remain in effect until the publication in the Wisconsin Administrative Register of the assessments specified in section 301.26 (4) (dm) of the statutes, as created by this act.

AB732,32,18 (3) Reserve judge positions. The authorized FTE positions for the circuit courts are increased by 2.0 GPR reserve judge positions, to be funded from the appropriation account under section 20.625 (1) of the statutes, to provide 2 additional reserve judges for proceedings under chapter 938 of the statutes, as affected by this act.