AB101: Bill Text

AB101,6,9 (d) When a juvenile is referred to the intake worker under sub. (2) (a) 3. c. or (b) 2. for a determination of whether a petition should be filed in the court assigned to exercise jurisdiction under this chapter and ch. 48 pursuant to s. 938.125 for a violation of s. 125.07 (4) (a) or (b), 125.085 (3) (b), or 125.09 (2) or of a municipal ordinance that conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), or 125.09 (2), the intake worker shall investigate to determine whether the juvenile has 2 or more prior adjudications for a violation of s. 125.07 (4) (a) or (b), 125.085 (3) (b), or 125.09 (2) or of a municipal ordinance that conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), or 125.09 (2). If the intake worker determines that the juvenile has 2 or more prior adjudications for any of those violations and that as a result of the intake inquiry the juvenile should be referred to the court, the intake worker shall request the district attorney or corporation counsel to file a petition initiating proceedings under s. 938.13 (8).

AB101,6,17 (e) Notwithstanding s. 938.396 (2) (a), upon request of a district attorney, corporation counsel, municipal attorney, or intake worker to review court records for the purpose of determining whether a juvenile has 2 or more adjudications for a violation of s. 125.07 (4) (a) or (b), 125.085 (3) (b), or 125.09 (2) or of a municipal ordinance that conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), or 125.09 (2), the court assigned to exercise jurisdiction under this chapter and ch. 48 or the municipal court shall open for inspection by any authorized representative of the requester its records relating to the juvenile.

AB101, s. 9 Section 9. 938.21 (3) (ag) of the statutes is amended to read:

AB101,6,21 938.21 (3) (ag) Proceedings concerning a juvenile who comes within the jurisdiction of the court under s. 938.13 (4), (6), (6m), (8), or (14) shall be conducted according to this subsection.

AB101, s. 10 Section 10. 938.243 (1) (intro.) of the statutes is amended to read:

AB101,7,2 938.243 (1) (intro.) Before conferring with the parent or juvenile during the intake inquiry, the intake worker shall personally inform a juvenile alleged to have committed a delinquent act, and parents and juveniles 10 years of age or over who are the focus of an inquiry regarding the need for protection or services under s. 938.13 (4), (6), (6m) or, (7), (8), or (14), of all of the following:

AB101, s. 11 Section 11. 938.255 (1) (intro.) of the statutes is amended to read:

AB101,7,10 938.255 (1) (intro.) A petition initiating proceedings under this chapter, other than a petition initiating proceedings under s. 938.12, 938.125, or 938.13 (8), (12), or (14), shall be entitled, "In the interest of (juvenile's name), a person under the age of 18". A petition initiating proceedings under s. 938.12, 938.125 , or 938.13 (8), (12), or (14) shall be entitled, "In the interest of (juvenile's name), a person under the age of 17". A petition initiating proceedings under this chapter shall set forth with specificity all of the following:

AB101, s. 12 Section 12. 938.255 (1) (e) of the statutes is amended to read:

AB101,7,17 938.255 (1) (e) If the juvenile is alleged to come within the provisions of s. 938.13 (4), (6), (6m), (7), (8), or (14) or 938.14, reliable and credible information which forms the basis of the allegations necessary to invoke the jurisdiction of the court and to provide reasonable notice of the conduct or circumstances to be considered by the court, together with a statement that the juvenile is in need of supervision, services, care, or rehabilitation.

AB101, s. 13 Section 13. 938.29 (1g) of the statutes is amended to read:

AB101,8,4 938.29 (1g) The juvenile may not request the substitution of a judge in a proceeding under s. 938.12 or 938.13 (12), and the juvenile and the juvenile's parent, guardian, or legal custodian may not request the substitution of a judge in a proceeding under s. 938.13 (4), (6), (6m) or, (7), (8), or (14), if the judge assigned to the proceeding has entered a dispositional order with respect to the juvenile in a previous proceeding under s. 48.12, 1993 stats., s. 48.13 (4), (6), (6m), (7) or, (12), or (14), 1993 stats., or s. 938.12 or 938.13 (4), (6), (6m), (7) or, (8), (12), or (14) or the juvenile or the juvenile's parent, guardian, or legal custodian has requested the substitution of a judge in a previous proceeding under s. 48.12, 1993 stats., s. 48.13 (4), (6), (6m), (7) or, (12), or (14), 1993 stats., or s. 938.12 or 938.13 (4), (6), (6m), (7) or, (8), (12), or (14).

AB101, s. 14 Section 14. 938.30 (1) of the statutes is amended to read:

AB101,8,17 938.30 (1) Except as provided in this subsection, the hearing to determine the juvenile's plea to a citation or a petition under s. 938.12, 938.125 , or 938.13 (12), or to determine whether any party wishes to contest an allegation that the juvenile is in need of protection or services under s. 938.13 (4), (6), (6m), (7), (8), or (14) shall take place on a date which that allows reasonable time for the parties to prepare but is within 30 days after the filing of a petition or issuance of a citation for a juvenile who is not being held in secure custody or within 10 days after the filing of a petition or issuance of a citation for a juvenile who is being held in secure custody. In a municipal court operated jointly by 2 or more cities, towns, or villages under s. 755.01 (4), the hearing to determine the juvenile's plea shall take place within 45 days after the filing of a petition or issuance of a citation for a juvenile who is not being held in secure custody.

AB101, s. 15 Section 15. 938.30 (3) of the statutes is amended to read:

AB101,8,22 938.30 (3) If a petition alleges that a juvenile is in need of protection or services under s. 938.13 (4), (6), (6m), (7), (8), or (14), the nonpetitioning parties and the juvenile, if he or she is 12 years of age or older or is otherwise competent to do so, shall state whether they desire to contest the petition.

AB101, s. 16 Section 16. 938.31 (1) of the statutes is amended to read:

AB101,9,3 938.31 (1) In this section, "fact-finding hearing" means a hearing to determine if the allegations of a petition under s. 938.12 or 938.13 (12) are supported beyond a reasonable doubt or a hearing to determine if the allegations in a petition or citation under s. 938.125 or 938.13 (4), (6), (6m), (7), (8), or (14) are proved by clear and convincing evidence.

AB101, s. 17 Section 17. 938.344 (3) of the statutes is amended to read:

AB101,9,12 938.344 (3) If the juvenile who is alleged to have committed the violation is within 3 months of his or her 17th birthday, the court assigned to exercise jurisdiction under this chapter and ch. 48 may, at the request of the district attorney or on its own motion, dismiss the citation without prejudice and refer the matter to the district attorney for prosecution under s. 125.07 (4), 125.085 (3), or 125.09 (2). The juvenile is entitled to a hearing only on the issue of his or her age. This subsection does not apply to violations under s. 961.573 (2), 961.574 (2), or 961.575 (2) or a local ordinance that strictly conforms to one of those statutes.

AB101, s. 18 Section 18. 938.345 (1) (c) of the statutes is amended to read:

AB101,9,15 938.345 (1) (c) Order payment of a forfeiture or surcharge, except as provided under sub. (2) or (2m).

AB101, s. 19 Section 19. 938.345 (1) (d) of the statutes is amended to read:

AB101,9,18 938.345 (1) (d) Restrict, suspend, or revoke the driving privileges of the juvenile, except as provided under sub. (2) or (2m).

AB101, s. 20 Section 20. 938.345 (2m) of the statutes is created to read:

AB101,9,25 938.345 (2m) (a) Subject to par. (b), if the court finds that a juvenile is in need of protection or services under s. 938.13 (8) based on the fact that the juvenile has engaged in conduct prohibited under s. 125.07 (4) (a) or (b), 125.085 (3) (b), or 125.09 (2) and has 2 or more prior adjudications for a violation of s. 125.07 (4) (a) or (b), 125.085 (3) (b), or 125.09 (2) or of a municipal ordinance that conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), or 125.09 (2), the court, instead of or in addition to any other disposition imposed under sub. (1), may enter an order permitted under s. 938.344.

AB101,10,8 (b) If the juvenile who is alleged to have engaged in the conduct prohibited under s. 125.07 (4) (a) or (b), 125.085 (3) (b), or 125.09 (2) is within 3 months of his or her 17th birthday, the court may, at the request of the district attorney or corporation counsel or on its own motion, dismiss the petition without prejudice and refer the matter to the district attorney for prosecution under s. 125.07 (4), 125.085 (3), or 125.09 (2).

AB101, s. 21 Section 21. 938.355 (6) (a) of the statutes is amended to read:

AB101,11,3 938.355 (6) (a) If a juvenile who has been adjudged delinquent or, who has been found to be in need of protection or services under s. 938.13 (8), or who has been adjudged to have violated a civil law or ordinance, other than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition specified in sub. (2) (b) 7., the court may impose on the juvenile any of the sanctions specified in par. (d) if, at the dispositional hearing under s. 938.335, the court explained the conditions to the juvenile and informed the juvenile of those possible sanctions or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions. If a juvenile who has been found to be in need of protection or services under s. 938.13 (4), (6m), (7), (12), or (14) violates a condition specified in sub. (2) (b) 7., the court may impose on the juvenile any of the sanctions specified in par. (d), other than placement in a secure detention facility or juvenile portion of a county jail, if, at the dispositional hearing under s. 938.335, the court explained the conditions to the juvenile and informed the juvenile of those possible sanctions or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions.

AB101, s. 22 Section 22. Initial applicability.

AB101,11,14 (1) Jurisdiction over 3rd juvenile alcohol beverage violations. This act first applies to conduct prohibited under section 125.07 (4) (a) or (b), 125.085 (3) (b), or 125.09 (2) of the statutes engaged in on the effective date of this subsection, but does not preclude the consideration of an adjudication for a violation of section 125.07 (4) (a) or (b), 125.085 (3) (b), or 125.09 (2) of the statutes or of a municipal ordinance that conforms to section 125.07 (4) (a) or (b), 125.085 (3) (b), or 125.09 (2) of the statutes made before the effective date of this subsection in determining whether the court assigned to exercise jurisdiction under chapters 48 and 938 of the statutes has jurisdiction over a juvenile under section 938.13 (8) of the statutes, as created by this act.

AB101,11,15 (End)