AB178: Bill Text

LRB-1986/1

GMM:skg:km

1995 - 1996 LEGISLATURE

1995 Assembly BILL 178

March 13, 1995 - Introduced by Representatives R. Young, Baldwin, Boyle, Morris-Tatum and L. Young, cosponsored by Senator Risser. Referred to Committee on Children and Families.

AB178,1,2 An Act to amend 48.17 (1) (intro.) and 48.396 (3) of the statutes; relating to: juvenile court jurisdiction over traffic felonies.

Analysis by the Legislative Reference Bureau

Under current law, subject to certain exceptions, courts of criminal and civil jurisdiction (adult courts) have exclusive jurisdiction over children 16 years of age or older who are alleged to have committed a traffic, boating, snowmobile or all-terrain vehicle violation. For certain violations that are felonies if committed by an adult, however, such as making a false statement in an application for a motor vehicle certificate of title, forging proof of financial responsibility and failing to stop after striking a boat or an occupied motor vehicle when death or injury occurs, courts assigned to exercise jurisdiction under the children's code (juvenile courts) have exclusive jurisdiction. This bill grants to juvenile courts exclusive jurisdiction over a child 16 years of age or older who is alleged to have committed any traffic, boating, snowmobile or all-terrain vehicle violation that would be a felony if committed by an adult. Those violations include, in addition to the violations included under current law, fleeing or eluding a traffic officer, failing with intent to defraud to apply for a salvage vehicle certificate of title, failing with intent to defraud to disclose the mileage of a vehicle when transferring title to the vehicle, altering or obliterating a vehicle's identification number and interfering with a snowmobile trail sign if the violation causes death or injury to occur.

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:

AB178, s. 1 Section 1. 48.17 (1) (intro.) of the statutes is amended to read:

AB178,2,13 48.17 (1) Traffic, boating, snowmobile and all-terrain vehicle violations. (intro.) Except for ss. 342.06 (2) and 344.48 (1), and ss. 30.67 (1) and 346.67 when death or injury occurs a violation that would be a felony if committed by an adult, courts of criminal and civil jurisdiction shall have exclusive jurisdiction in proceedings against children 16 or older for violations of s. 23.33, of ss. 30.50 to 30.80, of chs. 341 to 351, and of traffic regulations as defined in s. 345.20 and nonmoving traffic violations as defined in s. 345.28 (1). A child charged with a traffic, boating, snowmobile or all-terrain vehicle offense in a court of criminal or civil jurisdiction shall be treated as an adult before the trial of the proceeding except that the child may be held in secure custody only in a secure detention facility. A child convicted of a traffic, boating, snowmobile or all-terrain vehicle offense in a court of criminal or civil jurisdiction shall be treated as an adult for sentencing purposes except as follows:

AB178, s. 2 Section 2. 48.396 (3) of the statutes is amended to read:

AB178,2,19 48.396 (3) This section does not apply to proceedings for violation of chs. 340 to 349 and 351 or any county or municipal ordinance enacted under ch. 349, except that this section does apply to proceedings for violations of ss. 342.06 (2) and 344.48 (1), and ss. 30.67 (1) and 346.67 when death or injury occurs a violation of those chapters that would be a felony if committed by an adult.

AB178, s. 3 Section 3. Initial applicability.

AB178,2,22 (1)  This act first applies to violations that occur on the effective date of this subsection.

AB178,2,23 (End)