LRB-2051/1
GMM:wlj:pg
2007 - 2008 LEGISLATURE
April 23, 2007 - Introduced by Representatives Kessler, Staskunas, Berceau,
Sinicki, Hahn
and Turner, cosponsored by Senator Grothman. Referred to
Committee on Judiciary and Ethics.
AB271,1,7 1An Act to renumber and amend 938.317; to amend 756.06 (2) (d), 938.243 (1)
2(c), 938.255 (1) (d), 938.30 (2), 938.31 (2), 938.31 (4) and 938.355 (4) (b); and to
3create
938.235 (6), 938.243 (1) (g), 938.317 (2) and 938.355 (4) (c) of the
4statutes; relating to: the right to a trial by jury for a juvenile for whom the
5petitioner has reserved the right to recommend placement in the Serious
6Juvenile Offender Program or in a juvenile correctional facility beyond the age
7of majority.
Analysis by the Legislative Reference Bureau
Under current law, a juvenile who is alleged to be delinquent, and the parent,
guardian, or legal custodian of that juvenile, do not have the right to a trial by jury
in a proceeding under the Juvenile Justice Code. This bill grants that right to such
a juvenile and to his or her parent, guardian, or legal custodian, if the person filing
the delinquency petition reserves the right to recommend placement of the juvenile
in the Serious Juvenile Offender Program or in a juvenile correctional facility beyond
the age of 17 years.

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:
AB271, s. 1 1Section 1. 756.06 (2) (d) of the statutes is amended to read:
AB271,2,32 756.06 (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
.
AB271, s. 2 4Section 2. 938.235 (6) of the statutes is created to read:
AB271,2,75 938.235 (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.
AB271, s. 3 8Section 3. 938.243 (1) (c) of the statutes is amended to read:
AB271,2,129 938.243 (1) (c) The right to remain silent, the fact that in a delinquency
10proceeding the silence of the juvenile is not to be adversely considered by the court
11or jury, and the fact that in a nondelinquency proceeding the silence of any party may
12be relevant in the proceeding.
AB271, s. 4 13Section 4. 938.243 (1) (g) of the statutes is created to read:
AB271,2,1714 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 juvenile correctional facility under s.
17938.34 (4m) beyond the juvenile's 17th birthday.
AB271, s. 5 18Section 5. 938.255 (1) (d) of the statutes is amended to read:
AB271,3,419 938.255 (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 juvenile correctional facility under s.
4938.34 (4m) beyond the juvenile's 17th birthday
.
AB271, s. 6 5Section 6. 938.30 (2) of the statutes is amended to read:
AB271,3,196 938.30 (2) Information to juvenile and parents; basic rights; substitution.
7At or before the commencement of the hearing under this section the juvenile and
8the parent, guardian, or legal custodian shall be advised of their rights as specified
9in s. 938.243 and shall be informed that the hearing shall be to the court and that
10a request for a substitution of judge under s. 938.29 must be made before the end of
11the plea hearing or is waived, except that if the juvenile is before the court on a
12petition under s. 938.12 in which the petitioner has reserved the right under s.
13938.255 (1) (d) to recommend placement of the juvenile in the Serious Juvenile
14Offender Program under s. 938.34 (4h) or in a juvenile correctional facility under s.
15938.34 (4m) beyond the juvenile's 17th birthday, the court shall inform the juvenile
16and the parent, guardian, or legal custodian that a request for a jury trial must be
17made before the end of the plea hearing or be waived
. Nonpetitioning parties,
18including the juvenile, shall be granted a continuance of the plea hearing if they wish
19to consult with an attorney on the request for a jury trial or substitution of a judge.
AB271, s. 7 20Section 7. 938.31 (2) of the statutes is amended to read:
AB271,4,821 938.31 (2) Hearing to the court; procedures. The hearing shall be to the court
22unless a juvenile who has the right to a jury trial as described in s. 938.30 (2) or the
23parent, guardian, or legal custodian of the juvenile exercises that right by
24demanding a jury trial at any time before or during the plea hearing. Sections 972.03
25and 972.04 shall govern the selection of jurors in cases in which a jury trial has been

1demanded
. If the hearing involves a child victim, as defined in s. 938.02 (20m) (a)
21., or a child witness, as defined in s. 950.02 (5), the court may order that a deposition
3be taken by audiovisual means and allow the use of a recorded deposition under s.
4967.04 (7) to (10) and, with the district attorney, shall comply with s. 971.105. At the
5conclusion of the hearing, the court or jury shall make a determination of the facts.
6If the court finds that the juvenile is not within the jurisdiction of the court or the
7court or jury finds that the facts alleged in the petition or citation have not been
8proved, the court shall dismiss the petition or citation with prejudice.
AB271, s. 8 9Section 8. 938.31 (4) of the statutes is amended to read:
AB271,4,2010 938.31 (4) Findings by court or jury. The court shall make findings of fact and
11conclusions of law relating to the allegations of a petition under s. 938.12, 938.125,
12or 938.13, except that in cases in which the petitioner has reserved the right under
13s. 938.255 (1) (d) to recommend placement of the juvenile in the Serious Juvenile
14Offender Program under s. 938.34 (4h) or in a juvenile correctional facility under s.
15938.34 (4m) beyond the juvenile's 17th birthday, the court or jury shall make findings
16of fact and the court shall make conclusions of law relating to the allegations of the
17petition
. In cases alleging a juvenile to be delinquent or in need of protection or
18services under s. 938.13 (12), the court shall make findings relating to the proof of
19the violation of law and to the proof that the juvenile named in the petition committed
20the violation alleged.
AB271, s. 9 21Section 9. 938.317 of the statutes is renumbered 938.317 (intro.) and amended
22to read:
AB271,4,23 23938.317 Jeopardy (intro.) Jeopardy attaches:
AB271,4,24 24(1) In a trial to the court, when a witness is sworn.
AB271, s. 10 25Section 10. 938.317 (2) of the statutes is created to read:
AB271,5,2
1938.317 (2) In a jury trial, when the jury selection is completed and the jury
2is sworn.
AB271, s. 11 3Section 11. 938.355 (4) (b) of the statutes is amended to read:
AB271,5,244 938.355 (4) (b) Except as provided in under par. (c) and s. 938.368, an order
5under s. 938.34 (4d) or (4m) made before the juvenile attains 18 years of age may
6apply for up to 2 years after the date on which the order is granted or until the
7juvenile's 18th birthday, whichever is earlier, unless the court specifies a shorter
8period of time or the court terminates the order sooner. If the order does not specify
9a termination date, it shall apply for one year after the date on which the order is
10granted or until the juvenile's 18th birthday, whichever is earlier, unless the court
11terminates the order sooner. Except as provided in under par. (c) and s. 938.368, an
12order under s. 938.34 (4h) made before the juvenile attains 18 years of age shall apply
13for 5 years after the date on which the order is granted, if the juvenile is adjudicated
14delinquent for committing a violation of s. 943.10 (2) or for committing an act that
15would be punishable as a Class B or C felony if committed by an adult, or until the
16juvenile reaches 25 years of age, if the juvenile is adjudicated delinquent for
17committing an act that would be punishable as a Class A felony if committed by an
18adult. Except as provided in under par. (c) and s. 938.368, an extension of an order
19under s. 938.34 (4d), (4h), (4m), or (4n) made before the juvenile attains 17 years of
20age shall terminate at the end of one year after the date on which the order is granted
21unless the court specifies a shorter period of time or the court terminates the order
22sooner. No extension under s. 938.365 of an original dispositional order under s.
23938.34 (4d), (4h), (4m), or (4n) may be granted for a juvenile who is 17 years of age
24or older when the original dispositional order terminates.
AB271, s. 12 25Section 12. 938.355 (4) (c) of the statutes is created to read:
AB271,6,5
1938.355 (4) (c) An order under s. 938.34 (4h) or (4m) may apply beyond the
2juvenile's 17th birthday only if the petitioner has reserved the right under s. 938.255
3(1) (d) to recommend placement of the juvenile in the Serious Juvenile Offender
4Program under s. 938.34 (4h) or in a juvenile correctional facility under s. 938.34
5(4m) beyond the juvenile's 17th birthday.
AB271, s. 13 6Section 13. Initial applicability.
AB271,6,97 (1) Jury trials in proceedings under the juvenile justice code. This act first
8applies to a violation of a criminal law allegedly committed on the effective date of
9this subsection.
AB271,6,1010 (End)
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