AB732,24,20 18938.44 Jurisdiction over persons 17 18 or older. The court has jurisdiction
19over persons 17 18 years of age or older as provided under ss. 938.355 (4) and 938.45
20and as otherwise specified in this chapter.
AB732, s. 68 21Section 68. 938.45 (1) (a) of the statutes is amended to read:
AB732,25,722 938.45 (1) (a) If in the hearing of a case of a juvenile alleged to be delinquent
23under s. 938.12 or in need of protection or services under s. 938.13 it appears that any
24person 17 years of age or older has been guilty of contributing to, encouraging, or
25tending to cause, by any act or omission, such that is punishable as a felony, that

1condition of the juvenile or that any person 18 years of age or older has been guilty
2of contributing to, encouraging, or tending to cause, by an act or omission that is
3punishable as a misdemeanor, that condition of the juvenile
, the court may make
4orders with respect to the conduct of that person in his or her relationship to the
5juvenile, including orders relating to determining the ability of the person to provide
6for the maintenance or care of the juvenile and directing when, how, and where funds
7for the maintenance or care shall be paid.
AB732, s. 69 8Section 69. 938.45 (1) (a) of the statutes, as affected by 2009 Wisconsin Act ....
9(this act), is repealed and recreated to read:
AB732,25,1710 938.45 (1) (a) If in the hearing of a case of a juvenile alleged to be delinquent
11under s. 938.12 or in need of protection or services under s. 938.13 it appears that any
12person 18 years of age or older has been guilty of contributing to, encouraging, or
13tending to cause, by any act or omission, that condition of the juvenile, the court may
14make orders with respect to the conduct of that person in his or her relationship to
15the juvenile, including orders relating to determining the ability of the person to
16provide for the maintenance or care of the juvenile and directing when, how, and
17where funds for the maintenance or care shall be paid.
AB732, s. 70 18Section 70. 938.45 (3) of the statutes is amended to read:
AB732,25,2519 938.45 (3) Prosecution of adult contributing to delinquency of juvenile.
20If it appears at a court hearing that any person 17 years of age or older has violated
21s. 948.40 and that the violation is punishable as a felony or that any person 18 years
22of age or older has violated s. 948.40 and that the violation is punishable as a
23misdemeanor
, the court shall refer the record to the district attorney. This subsection
24does not prohibit prosecution of violations of s. 948.40 without the prior reference by
25the court to the district attorney.
AB732, s. 71
1Section 71. 938.45 (3) of the statutes, as affected by 2009 Wisconsin Act ....
2(this act), is repealed and recreated to read:
AB732,26,73 938.45 (3) Prosecution of adult contributing to delinquency of juvenile.
4If it appears at a court hearing that any person 18 years of age or older has violated
5s. 948.40, the court shall refer the record to the district attorney. This subsection does
6not prohibit prosecution of violations of s. 948.40 without the prior reference by the
7court to the district attorney.
AB732, s. 72 8Section 72. 938.48 (4m) (title) of the statutes is amended to read:
AB732,26,99 938.48 (4m) (title) Continuing care and services for juveniles over 17 18.
AB732, s. 73 10Section 73. 938.48 (4m) (a) of the statutes is amended to read:
AB732,26,1111 938.48 (4m) (a) Is at least 17 18 years of age.
AB732, s. 74 12Section 74. 938.48 (4m) (b) of the statutes is amended to read:
AB732,26,1413 938.48 (4m) (b) Was under the supervision of the department under s. 938.183,
14938.34 (4h), (4m), or (4n) or 938.357 (4) when the person reached 17 18 years of age.
AB732, s. 75 15Section 75. 938.48 (14) of the statutes is amended to read:
AB732,26,2316 938.48 (14) School-related expenses for juveniles over 17 18. Pay
17maintenance, tuition, and related expenses from the appropriation under s. 20.410
18(3) (ho) for persons who, when they attained 17 18 years of age, were students
19regularly attending a school, college, or university or regularly attending a course of
20vocational or technical training designed to prepare them for gainful employment,
21and who upon attaining that age were under the supervision of the department
22under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (4) as a result of a judicial
23decision.
AB732, s. 76 24Section 76. 938.57 (3) (title) of the statutes is amended to read:
AB732,26,2525 938.57 (3) (title) Continuing maintenance for juveniles over 17 18 .
AB732, s. 77
1Section 77. 938.57 (3) (a) 1. of the statutes is amended to read:
AB732,27,22 938.57 (3) (a) 1. Is 17 18 years of age or older.
AB732, s. 78 3Section 78. 938.57 (3) (a) 3. of the statutes is amended to read:
AB732,27,54 938.57 (3) (a) 3. Received funding under s. 48.569 (1) (d) immediately prior to
5his or her 17th 18th birthday.
AB732, s. 79 6Section 79. 938.57 (3) (b) of the statutes is amended to read:
AB732,27,97 938.57 (3) (b) The funding provided for the maintenance of a juvenile under par.
8(a) shall be in an amount equal to that to which the juvenile would receive under s.
948.569 (1) (d) if the juvenile were 16 17 years of age.
AB732, s. 80 10Section 80. 946.50 (intro.) of the statutes is amended to read:
AB732,27,18 11946.50 Absconding. (intro.) Any person who is adjudicated delinquent, but
12who intentionally fails to appear before the court assigned to exercise jurisdiction
13under chs. 48 and 938 for his or her dispositional hearing under s. 938.335, and who
14does not return to that court for a dispositional hearing before attaining the age of
1517 years, if adjudicated delinquent for committing a violation that would be a felony
16if committed by an adult, or 18 years, if adjudicated delinquent for committing a
17violation that would be a misdemeanor if committed by an adult,
is guilty of the
18following:
AB732, s. 81 19Section 81. 946.50 (intro.) of the statutes, as affected by 2009 Wisconsin Act
20.... (this act), is repealed and recreated to read:
AB732,27,25 21946.50 Absconding. (intro.) Any person who is adjudicated delinquent, but
22who intentionally fails to appear before the court assigned to exercise jurisdiction
23under chs. 48 and 938 for his or her dispositional hearing under s. 938.335, and who
24does not return to that court for a dispositional hearing before attaining the age of
2518 years is guilty of the following:
AB732, s. 82
1Section 82. 948.01 (1) of the statutes is amended to read:
AB732,28,52 948.01 (1) "Child" means a person who has not attained the age of 18 years,
3except that for purposes of prosecuting a person who is alleged to have violated
4committed a violation of a state or federal criminal law that is punishable as a felony,
5"child" does not include a person who has attained the age of 17 years.
AB732, s. 83 6Section 83. 948.01 (1) of the statutes, as affected by 2009 Wisconsin Act ....
7(this act), is repealed and recreated to read:
AB732,28,88 948.01 (1) "Child" means a person who has not attained the age of 18 years.
AB732, s. 84 9Section 84. 948.11 (2) (am) (intro.) of the statutes is amended to read:
AB732,28,1410 948.11 (2) (am) (intro.) Any person who has attained the age of 17 18 and who,
11with knowledge of the character and content of the description or narrative account,
12verbally communicates, by any means, a harmful description or narrative account
13to a child, with or without monetary consideration, is guilty of a Class I felony if any
14of the following applies:
AB732, s. 85 15Section 85. 948.45 (1) of the statutes is amended to read:
AB732,28,1916 948.45 (1) Except as provided in sub. (2), any person 17 18 years of age or older
17who, by any act or omission, knowingly encourages or contributes to the truancy, as
18defined under s. 118.16 (1) (c), of a person 17 18 years of age or under is guilty of a
19Class C misdemeanor.
AB732, s. 86 20Section 86. 948.60 (2) (d) of the statutes is amended to read:
AB732,29,221 948.60 (2) (d) A person under 17 years of age who has violated this subsection
22par. (b) or (c) is subject to the provisions of ch. 938 unless jurisdiction is waived under
23s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction
24under s. 938.183. A person under 18 years of age who has violated par. (a) is subject

1to ch. 938 unless jurisdiction is waived under s. 938.18 or the person is subject to the
2jurisdiction of a court of criminal jurisdiction under s. 938.183.
AB732, s. 87 3Section 87. 948.60 (2) (d) of the statutes, as affected by 2009 Wisconsin Act ....
4(this act), is repealed and recreated to read:
AB732,29,75 948.60 (2) (d) A person under 18 years of age who has violated this subsection
6is subject to ch. 938 unless jurisdiction is waived under s. 938.18 or the person is
7subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.
AB732, s. 88 8Section 88. 948.61 (4) of the statutes is amended to read:
AB732,29,149 948.61 (4) A person under 17 years of age who has violated this section sub. (2)
10(b)
is subject to the provisions of ch. 938, unless jurisdiction is waived under s. 938.18
11or the person is subject to the jurisdiction of a court of criminal jurisdiction under s.
12938.183. A person under 18 years of age who has violated sub. (2) (a) is subject to ch.
13938, unless jurisdiction is waived under s. 938.18 or the person is subject to the
14jurisdiction of a court of criminal jurisdiction under s. 938.183.
AB732, s. 89 15Section 89. 948.61 (4) of the statutes, as affected by 2009 Wisconsin Act ....
16(this act), is repealed and recreated to read:
AB732,29,1917 948.61 (4) A person under 18 years of age who has violated this section is
18subject to ch. 938, unless jurisdiction is waived under s. 938.18 or the person is
19subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.
AB732, s. 90 20Section 90. 961.455 (1) of the statutes is amended to read:
AB732,29,2321 961.455 (1) Any person who has attained the age of 17 18 years who knowingly
22solicits, hires, directs, employs, or uses a person who is under the age of 17 18 years
23for the purpose of violating s. 961.41 (1) is guilty of a Class F felony.
AB732, s. 91 24Section 91. 961.46 of the statutes is amended to read:
AB732,30,5
1961.46 Distribution to persons under age 18. If a person 17 18 years of age
2or over violates s. 961.41 (1) by distributing or delivering a controlled substance or
3a controlled substance analog to a person 17 years of age or under who is at least 3
4years his or her junior, the applicable maximum term of imprisonment prescribed
5under s. 961.41 (1) for the offense may be increased by not more than 5 years.
AB732, s. 92 6Section 92. 961.573 (2) of the statutes is amended to read:
AB732,30,87 961.573 (2) Any person who violates sub. (1) who is under 17 18 years of age
8who violates sub. (1) is subject to a disposition under s. 938.344 (2e).
AB732, s. 93 9Section 93. 961.574 (2) of the statutes is amended to read:
AB732,30,1110 961.574 (2) Any person who violates sub. (1) who is under 17 18 years of age
11who violates sub. (1) is subject to a disposition under s. 938.344 (2e).
AB732, s. 94 12Section 94. 961.575 (1) of the statutes is amended to read:
AB732,30,1613 961.575 (1) Any person 17 18 years of age or over who violates s. 961.574 (1)
14by delivering drug paraphernalia to a person 17 years of age or under who is at least
153 years younger than the violator may be fined not more than $10,000 or imprisoned
16for not more than 9 months or both.
AB732, s. 95 17Section 95. 961.575 (2) of the statutes is amended to read:
AB732,30,1918 961.575 (2) Any person who violates this section who is under 17 under 18 years
19of age who violates s. 961.574 (3) is subject to a disposition under s. 938.344 (2e).
AB732, s. 96 20Section 96. 961.575 (3) of the statutes is amended to read:
AB732,30,2321 961.575 (3) Any person 17 18 years of age or over who violates s. 961.574 (3)
22by delivering drug paraphernalia to a person 17 years of age or under is guilty of a
23Class G felony.
AB732, s. 97 24Section 97. 990.01 (3) of the statutes is amended to read:
AB732,31,5
1990.01 (3) Adult. "Adult" means a person who has attained the age of 18 years,
2except that for purposes of investigating or prosecuting a person who is alleged to
3have violated committed a violation of any state or federal criminal law or any civil
4law or municipal ordinance
that is punishable as a felony, "adult" means a person
5who has attained the age of 17 years.
AB732, s. 98 6Section 98. 990.01 (3) of the statutes, as affected by 2009 Wisconsin Act ....
7(this act), is repealed and recreated to read:
AB732,31,88 990.01 (3) Adult. "Adult" means a person who has attained the age of 18 years.
AB732, s. 99 9Section 99. 990.01 (20) of the statutes is amended to read:
AB732,31,1410 990.01 (20) Minor. "Minor" means a person who has not attained the age of
1118 years, except that for purposes of investigating or prosecuting a person who is
12alleged to have violated committed a violation of a state or federal criminal law or
13any civil law or municipal ordinance
that is punishable as a felony, "minor" does not
14include a person who has attained the age of 17 years.
AB732, s. 100 15Section 100. 990.01 (20) of the statutes, as affected by 2009 Wisconsin Act ....
16(this act), is repealed and recreated to read:
AB732,31,1817 990.01 (20) Minor. "Minor" means a person who has not attained the age of
1818 years.
AB732, s. 101 19Section 101. Nonstatutory provisions.
AB732,32,420 (1) Transitional provision. Notwithstanding chapters 967 to 979 of the
21statutes, if beginning on July 1, 2010, and ending on June 30, 2011, a person 17 years
22of age is alleged to have committed a violation of a criminal law, the person is subject
23to the procedures specified in subchapters IV to VI of chapter 938 of the statutes, as
24affected by this act, until such time as the person is charged with a felony for
25committing that violation. If the person is charged with a felony, from that point the

1person is subject to the procedures specified in chapters 967 to 979 of the statutes.
2If the person is charged with a misdemeanor, the person remains subject to the
3procedures specified in subchapters IV to VI of chapter 938 of the statutes, as affected
4by this act.
AB732,32,135 (2) Youth aids daily rates. Notwithstanding section 301.26 (4) (d) 3. of the
6statutes, as affected by this act, the per person daily cost assessments to counties for
7care in a Type 1 juvenile correctional facility, as defined in section 938.02 (19) of the
8statutes, and for care for juveniles transferred from a juvenile correctional
9institution under section 51.35 (3) of the statutes specified in section 301.26 (4) (d)
103. of the statutes, as affected by this act, on the day before the effective date of this
11subsection remain in effect until the publication in the Wisconsin Administrative
12Register of the assessments specified in section 301.26 (4) (dm) of the statutes, as
13created by this act.
AB732,32,1814 (3) Reserve judge positions. The authorized FTE positions for the circuit
15courts are increased by 2.0 GPR reserve judge positions, to be funded from the
16appropriation account under section 20.625 (1) of the statutes, to provide 2 additional
17reserve judges for proceedings under chapter 938 of the statutes, as affected by this
18act.
AB732, s. 102 19Section 102. Effective dates. This act takes effect on July 1, 2010, except as
20follows:
AB732,33,521 (1) Felonies. The treatment of sections 48.366 (8), 48.44 (title) and (1), 301.12
22(2m), 302.31 (7), 938.183 (3), 938.355 (4) (b), 938.44, 938.48 (4m) (title), (a), and (b)
23and (14), 938.57 (3) (title), (a) 1. and 3., and (b), 948.11 (2) (am) (intro.), 961.455 (1),
24961.46, and 961.575 (3) of the statutes and subchapter IX (title) of chapter 48 and
25subchapter IX (title) of chapter 938 of the statutes, the amendment of section 301.12

1(14) (a) of the statutes, and the repeal and recreation of sections 48.02 (1d) and (2),
248.45 (1) (a) and (am) and (3), 165.83 (1) (c) 1. and 2., 938.02 (1) and (10m), 938.12
3(2), 938.18 (2), 938.255 (1) (intro.), 938.35 (1m), 938.355 (4m) (a), 938.45 (1) (a) and
4(3), 946.50 (intro.), 948.01 (1), 948.60 (2) (d), and 948.61 (4) of the statutes take effect
5on July 1, 2011.
AB732,33,96 (2) Treatment foster homes. The repeal and recreation of sections 301.12 (14)
7(a) and 301.26 (4) (d) 3. of the statutes takes effect on the date stated in the notice
8provided by the secretary of children and families and published in the Wisconsin
9Administrative Register under section 48.62 (9) of the statutes.
AB732,33,1010 (End)
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