AB130-SSA1,299,25 22938.342 Disposition; truancy and school dropout ordinance violations.
23(1)
If the court finds that the juvenile violated a municipal ordinance enacted under
24s. 118.163 (2), the court shall enter an order making one or more of the following
25dispositions if such a disposition is authorized by the municipal ordinance:
AB130-SSA1,300,5
1(a) Suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for
2not less than 30 days nor more than 90 days. The court shall immediately take
3possession of the suspended license and forward it to the department of
4transportation together with a notice stating the reason for and duration of the
5suspension.
AB130-SSA1,300,76 (b) Order the juvenile to participate in counseling or a supervised work
7program or other community service work under s. 938.34 (5g).
AB130-SSA1,300,128 (c) Order the juvenile to remain at home except during hours in which the
9juvenile is attending religious worship or a school program, including travel time
10required to get to and from the school program or place of worship. The order may
11permit a juvenile to leave his or her home if the juvenile is accompanied by a parent
12or guardian.
AB130-SSA1,300,1313 (d) Order the juvenile to attend an educational program under s. 938.34 (7d).
AB130-SSA1,300,1514 (e) Order the department of industry, labor and human relations to revoke,
15under s. 103.72, a permit under s. 103.70 authorizing the employment of the juvenile.
AB130-SSA1,300,1716 (f) Order the juvenile to be placed in a teen court program if all of the following
17conditions apply:
AB130-SSA1,300,2118 1. The chief judge of the judicial administrative district has approved a teen
19court program established in the juvenile's county of residence and the judge
20determines that participation in the teen court program will likely benefit the
21juvenile and the community.
AB130-SSA1,300,2422 2. The juvenile admits or pleads no contest in open court, with the juvenile's
23parent, guardian or legal custodian present, to the allegations that the juvenile
24violated the municipal ordinance enacted under s. 118.163 (2).
AB130-SSA1,301,3
13. The juvenile has not successfully completed participation in a teen court
2program during the 2 years before the date of the alleged municipal ordinance
3violation.
AB130-SSA1,301,8 4(1m) (a) If the court finds that the juvenile violated a municipal ordinance
5enacted under s. 118.163 (2), the court may, in addition to or instead of the
6dispositions under sub. (1), order the juvenile's parent, guardian or legal custodian
7to participate in counseling at the parent's, guardian's or legal custodian's own
8expense.
AB130-SSA1,301,169 (b) No order to any person under par. (a) may be entered until the person is
10given an opportunity to be heard on the contemplated order of the court. The court
11shall cause notice of the time, place and purpose of the hearing to be served on the
12person personally at least 10 days before the date of the hearing. The procedure in
13these cases shall, as far as practicable, be the same as in other cases to the court. At
14the hearing, the person may be represented by counsel and may produce and
15cross-examine witnesses. Any person who fails to comply with any order issued by
16a court under par. (a) may be proceeded against for contempt of court.
AB130-SSA1,301,20 17(2) (a) Except as provided in par. (b), if the court finds that the juvenile is
18subject to a municipal ordinance enacted under s. 118.163 (2m), the court shall enter
19an order suspending the juvenile's operating privilege, as defined in s. 340.01 (40),
20until the juvenile reaches the age of 18.
AB130-SSA1,301,2421 (b) The court may enter an order making any of the dispositions specified under
22sub. (1) if the court finds that suspension of the juvenile's operating privilege, as
23defined in s. 340.01 (40), until the juvenile reaches the age of 18 would cause an
24undue hardship to the juvenile or the juvenile's family.
AB130-SSA1,302,4
1938.343 Disposition of juvenile adjudged to have violated a civil law or
2an ordinance.
Except as provided by ss. 938.342 and 938.344, if the court finds that
3the juvenile violated a civil law or an ordinance, the court shall enter an order
4making one or more of the following dispositions:
AB130-SSA1,302,5 5(1) Counsel the juvenile or the parent or guardian.
AB130-SSA1,302,17 6(2) Impose a forfeiture not to exceed the maximum forfeiture that may be
7imposed on an adult for committing that violation or, if the violation is only
8applicable to a juvenile, $50. Any such order shall include a finding that the juvenile
9alone is financially able to pay and shall allow up to 12 months for the payment. If
10a juvenile fails to pay the forfeiture, the court may suspend any license issued under
11ch. 29 or suspend the juvenile's operating privilege as defined in s. 340.01 (40), for
12not less than 30 days nor more than 5 years. The court shall immediately take
13possession of the suspended license and forward it to the department which issued
14the license, together with the notice of suspension clearly stating that the suspension
15is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during
16the period of suspension, the court shall immediately notify the department, which
17will thereupon return the license to the person.
AB130-SSA1,302,19 18(2m) Order the juvenile to be placed in a teen court program if all of the
19following conditions apply:
AB130-SSA1,302,2320 (a) The chief judge of the judicial administrative district has approved a teen
21court program established in the juvenile's county of residence and the judge
22determines that participation in the teen court program will likely benefit the
23juvenile and the community.
AB130-SSA1,303,3
1(b) The juvenile admits or pleads no contest in open court, with the juvenile's
2parent, guardian or legal custodian present, to the allegations that the juvenile
3violated the civil law or ordinance.
AB130-SSA1,303,64 (c) The juvenile has not successfully completed participation in a teen court
5program during the 2 years before the date of the alleged civil law or ordinance
6violation.
AB130-SSA1,303,8 7(3) Order the juvenile to participate in a supervised work program or other
8community service work under s. 938.34 (5g).
AB130-SSA1,303,18 9(4) If the violation has resulted in damage to the property of another, or in
10actual physical injury to another excluding pain and suffering, the court may order
11the juvenile to make repairs of the damage to property or reasonable restitution for
12the damage or injury if the court, after taking into consideration the well-being and
13needs of the victim, considers it beneficial to the well-being and behavior of the
14juvenile. Any such order requiring payment for repairs or restitution shall include
15a finding that the juvenile alone is financially able to pay and may allow up to the
16date of the expiration of the order for the payment. Objection by the juvenile to the
17amount of damages claimed shall entitle the juvenile to a hearing on the question of
18damages before the amount of restitution is ordered.
AB130-SSA1,303,20 19(5) If the violation is related to unsafe use of a boat, order the juvenile to attend
20a safety course under s. 30.74 (1).
AB130-SSA1,303,23 21(6) If the violation is of ch. 29, suspension of the license or licenses of the
22juvenile issued under that chapter for not more than one year or until the juvenile
23is 18 years of age, whichever occurs first.
AB130-SSA1,304,3
1(7) If the violation is related to the unsafe use of firearms, order the juvenile
2to attend a course under the hunter education and firearm safety program under s.
329.225.
AB130-SSA1,304,5 4(8) If the violation is one under ch. 350 concerning the use of snowmobiles,
5order the juvenile to attend a safety course under s. 350.055.
AB130-SSA1,304,8 6(9) If the violation is one under s. 23.33 or under an ordinance enacted in
7conformity with s. 23.33 concerning the use of all-terrain vehicles, order the juvenile
8to enroll and participate in an all-terrain vehicle safety course.
AB130-SSA1,304,10 9(10) If the violation is related to the use or abuse of alcohol beverages or
10controlled substances, order the juvenile to do any of the following:
AB130-SSA1,304,1511 (a) Submit to an alcohol and other drug abuse assessment that conforms to the
12criteria specified under s. 938.547 (4) and that is conducted by an approved
13treatment facility. The order shall designate an approved treatment facility to
14perform the assessment and shall specify the date by which the assessment must be
15completed.
AB130-SSA1,304,1816 (b) Participate in an outpatient alcohol and other drug abuse treatment
17program if an assessment conducted under par. (a) or s. 938.295 (1) recommends
18treatment.
AB130-SSA1,304,2219 (c) Participate in a court-approved pupil assistance program provided by the
20juvenile's school board or in a court-approved alcohol or other drug abuse education
21program. The juvenile's participation in a court-approved pupil assistance program
22under this paragraph is subject to the approval of the juvenile's school board.
AB130-SSA1,304,24 23938.344 Disposition; certain intoxicating liquor, beer and drug
24violations.
AB130-SSA1,305,3
1(2) If a court finds a juvenile committed a violation under s. 125.07 (4) (b) or
2125.09 (2), or a local ordinance that strictly conforms to one of those statutes, the
3court shall order one or any combination of the following penalties:
AB130-SSA1,305,74 (a) For a first violation, a forfeiture of not more than $50, suspension of the
5juvenile's operating privilege as provided under s. 343.30 (6) (b) 1. or the juvenile's
6participation in a supervised work program or other community service work under
7s. 938.34 (5g).
AB130-SSA1,305,118 (b) For a violation committed within 12 months of a previous violation, a
9forfeiture of not more than $100, suspension of the juvenile's operating privilege as
10provided under s. 343.30 (6) (b) 2. or the juvenile's participation in a supervised work
11program or other community service work under s. 938.34 (5g).
AB130-SSA1,305,1512 (c) For a violation committed within 12 months of 2 or more previous violations,
13a forfeiture of not more than $500, revocation of the juvenile's operating privilege as
14provided under s. 343.30 (6) (b) 3. or the juvenile's participation in a supervised work
15program or other community service work under s. 938.34 (5g).
AB130-SSA1,305,18 16(2b) If a court finds a juvenile committed a violation under s. 125.07 (4) (a), or
17a local ordinance which strictly conforms to s. 125.07 (4) (a), the court shall order one
18or any combination of the following penalties:
AB130-SSA1,305,2219 (a) For a first violation, a forfeiture of not less than $250 nor more than $500,
20suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 1.
21or the juvenile's participation in a supervised work program or other community
22service work under s. 938.34 (5g).
AB130-SSA1,306,223 (b) For a violation committed within 12 months of a previous violation, a
24forfeiture of not less than $300 nor more than $500, suspension of the juvenile's
25operating privilege as provided under s. 343.30 (6) (b) 2. or the juvenile's

1participation in a supervised work program or other community service work under
2s. 938.34 (5g).
AB130-SSA1,306,63 (c) For a violation committed within 12 months of 2 or more previous violations,
4a forfeiture of $500, revocation of the juvenile's operating privilege as provided under
5s. 343.30 (6) (b) 3. or the juvenile's participation in a supervised work program or
6other community service work under s. 938.34 (5g).
AB130-SSA1,306,9 7(2d) If a court finds a juvenile committed a violation under s. 125.085 (3) (b),
8or a local ordinance which strictly conforms to s. 125.085 (3) (b), the court shall order
9one or any combination of the following penalties:
AB130-SSA1,306,1310 (a) For a first violation, a forfeiture of not less than $100 nor more than $500,
11suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 1.
12or the juvenile's participation in a supervised work program or other community
13service work under s. 938.34 (5g).
AB130-SSA1,306,1814 (b) For a violation committed within 12 months of a previous violation, a
15forfeiture of not less than $300 nor more than $500, suspension of the juvenile's
16operating privilege as provided under s. 343.30 (6) (b) 2. or the juvenile's
17participation in a supervised work program or other community service work under
18s. 938.34 (5g).
AB130-SSA1,306,2219 (c) For a violation committed within 12 months of 2 or more previous violations,
20a forfeiture of $500, revocation of the juvenile's operating privilege as provided under
21s. 343.30 (6) (b) 3. or the juvenile's participation in a supervised work program or
22other community service work under s. 938.34 (5g).
AB130-SSA1,307,2 23(2e) (a) If a court finds a juvenile committed a violation under s. 161.573 (2),
24161.574 (2) or 161.575 (2), or a local ordinance that strictly conforms to one of those
25statutes, the court shall suspend or revoke the juvenile's operating privilege, as

1defined in s. 340.01 (40), for not less than 6 months nor more than 5 years and, in
2addition, shall order one of the following penalties:
AB130-SSA1,307,53 1. For a first violation, a forfeiture of not more than $50 or the juvenile's
4participation in a supervised work program or other community service work under
5s. 938.34 (5g) or both.
AB130-SSA1,307,86 2. For a violation committed within 12 months of a previous violation, a
7forfeiture of not more than $100 or the juvenile's participation in a supervised work
8program or other community service work under s. 938.34 (5g) or both.
AB130-SSA1,307,119 3. For a violation committed within 12 months of 2 or more previous violations,
10a forfeiture of not more than $500 or the juvenile's participation in a supervised work
11program or other community service work under s. 938.34 (5g) or both.
AB130-SSA1,307,1712 (b) Whenever a court suspends or revokes a juvenile's operating privilege under
13this subsection, the court shall immediately take possession of any suspended or
14revoked license and forward it to the department of transportation, together with the
15notice of suspension or revocation clearly stating that the suspension or revocation
16is for a violation under s. 161.573 (2), 161.574 (2) or 161.575 (2), or a local ordinance
17that strictly conforms to one of those statutes.
AB130-SSA1,307,2218 (c) If the juvenile's license or operating privilege is currently suspended or
19revoked or the juvenile does not currently possess a valid operator's license issued
20under ch. 343, the suspension or revocation under this subsection is effective on the
21date on which the juvenile is first eligible and applies for issuance, renewal or
22reinstatement of an operator's license under ch. 343.
AB130-SSA1,308,2 23(2g) (a) After ordering a penalty under sub. (2), (2b), (2d) or (2e), the court, with
24the agreement of the juvenile, may enter an additional order staying the execution

1of the penalty order and suspending or modifying the penalty imposed. The order
2under this paragraph shall require the juvenile to do any of the following:
AB130-SSA1,308,73 1. Submit to an alcohol and other drug abuse assessment that conforms to the
4criteria specified under s. 938.547 (4) and that is conducted by an approved
5treatment facility. The order shall designate an approved treatment facility to
6conduct the alcohol and other drug abuse assessment and shall specify the date by
7which the assessment must be completed.
AB130-SSA1,308,108 2. Participate in an outpatient alcohol or other drug abuse treatment program
9at an approved treatment facility, if an alcohol or other drug abuse assessment
10conducted under subd. 1. or s. 938.295 (1) recommends treatment.
AB130-SSA1,308,1411 3. Participate in a court-approved pupil assistance program provided by the
12juvenile's school board or in a court-approved alcohol or other drug abuse education
13program. The juvenile's participation in a court-approved pupil assistance program
14under this subdivision is subject to the approval of the juvenile's school board.
AB130-SSA1,308,1515 4. Participate in a teen court program if all of the following conditions apply:
AB130-SSA1,308,1916 a. The chief judge of the judicial administrative district has approved a teen
17court program established in the juvenile's county of residence and the judge
18determines that participation in the teen court program will likely benefit the
19juvenile and the community.
AB130-SSA1,308,2220 b. The juvenile admits or pleads no contest in open court, with the juvenile's
21parent, guardian or legal custodian present, to the allegations that the juvenile
22committed the violation specified in sub. (2), (2b), (2d) or (2e).
AB130-SSA1,308,2423 c. The juvenile has not successfully completed participation in a teen court
24program during the 2 years before the date of the alleged violation.
AB130-SSA1,309,6
1(b) If the approved treatment facility, with the written informed consent of the
2juvenile or, if the juvenile has not attained the age of 12, the written informed consent
3of the juvenile's parent, notifies the agency primarily responsible for providing
4services to the juvenile that the juvenile has submitted to an assessment under par.
5(a) and that the juvenile does not need treatment, intervention or education, the
6court shall notify the juvenile of whether or not the penalty will be reinstated.
AB130-SSA1,309,157 (c) If the juvenile completes the alcohol or other drug abuse treatment program,
8court-approved pupil assistance program or court-approved alcohol or other drug
9abuse education program, the approved treatment facility, court-approved pupil
10assistance program or court-approved alcohol or other drug abuse education
11program shall, with the written informed consent of the juvenile or, if the juvenile
12has not attained the age of 12, the written informed consent of the juvenile's parent,
13notify the agency primarily responsible for providing services to the juvenile that the
14juvenile has complied with the order and the court shall notify the juvenile of
15whether or not the penalty will be reinstated.
AB130-SSA1,309,2416 (d) If an approved treatment facility, court-approved pupil assistance program
17or court-approved alcohol or other drug abuse education program, with the written
18informed consent of the juvenile or, if the juvenile has not attained the age of 12, the
19written informed consent of the juvenile's parent, notifies the agency primarily
20responsible for providing services to the juvenile that a juvenile is not participating,
21or has not satisfactorily completed, a recommended alcohol or other drug abuse
22treatment program, a court-approved pupil assistance program or a court-approved
23alcohol or other drug abuse education program, the court shall hold a hearing to
24determine whether the penalties under sub. (2), (2b), (2d) or (2e) should be imposed.
AB130-SSA1,310,2
1(2m) For purposes of subs. (2) to (2e), all violations arising out of the same
2incident or occurrence shall be counted as a single violation.
AB130-SSA1,310,10 3(3) If the juvenile alleged to have committed the violation is within 3 months
4of his or her 17th birthday, the court assigned to exercise jurisdiction under this
5chapter and ch. 48 may, at the request of the district attorney or on its own motion,
6dismiss the citation without prejudice and refer the matter to the district attorney
7for prosecution under s. 125.07 (4). The juvenile is entitled to a hearing only on the
8issue of his or her age. This subsection does not apply to violations under s. 161.573
9(2), 161.574 (2) or 161.575 (2) or a local ordinance that strictly conforms to one of
10those statutes.
AB130-SSA1,310,15 11938.345 Disposition of juvenile adjudged in need of protection or
12services. (1)
If the court finds that the juvenile is in need of protection or services,
13the court shall enter an order deciding one or more of the dispositions of the case as
14provided in s. 938.34 under a care and treatment plan except that the order may not
15do any of the following:
AB130-SSA1,310,1716 (a) Place the juvenile in the serious juvenile offender program, a secured
17correctional facility or a secured child caring institution.
AB130-SSA1,310,1818 (c) Order payment of a forfeiture.
AB130-SSA1,310,2019 (d) Restrict, suspend or revoke the driving privileges of the juvenile, except as
20provided under sub. (2).
AB130-SSA1,310,2321 (e) Place any juvenile not specifically found under chs. 46, 49, 51, 115 and 880
22to be developmentally disabled, mentally ill or to have exceptional educational needs
23in facilities which exclusively treat those categories of juveniles.
AB130-SSA1,310,2524 (g) Order the juvenile into detention or nonsecure custody under s. 938.34 (3)
25(f).
AB130-SSA1,311,7
1(2) If the court finds that a juvenile is in need of protection or services based on
2the fact that the juvenile is a school dropout, as defined in s. 118.153 (1) (b), or based
3on habitual truancy, and the court also finds that the reason the juvenile has dropped
4out of school or is a habitual truant is a result of the juvenile's intentional refusal to
5attend school rather than the failure of any other person to comply with s. 118.15 (1)
6(a), the court, instead of or in addition to any other disposition imposed under sub.
7(1), may enter an order permitted under s. 938.342.
AB130-SSA1,311,9 8938.346 Notice to victims of juveniles' acts. (1) Each known victim of a
9juvenile's act shall receive timely notice of the following information:
AB130-SSA1,311,1110 (a) The procedure under s. 938.396 (1r) for obtaining the identity of the juvenile
11and the juvenile's parents.
AB130-SSA1,311,1312 (b) The procedure under s. 938.396 (1r) for obtaining the juvenile's police
13records.
AB130-SSA1,311,1414 (c) The potential liability of the juvenile's parents under s. 895.035.
AB130-SSA1,311,1515 (d) Either of the following:
AB130-SSA1,311,2316 1. Information regarding any deferred prosecution agreement under s.
17938.245, any consent decree under s. 938.32 or any dispositional order under ss.
18938.34 to 938.345. The information may not include reports under s. 938.295 or
19938.33 or any other information that deals with sensitive personal matters of the
20juvenile and the juvenile's family and that does not directly relate to the act or alleged
21act committed against the victim. This subdivision does not affect the right of a
22victim to attend any hearing that the victim is permitted to attend under s. 938.299
23(1) (am).
AB130-SSA1,311,2524 2. The procedure the victim may follow for obtaining the information in subd.
251.
AB130-SSA1,312,8
1(e) The procedure under s. 938.296 under which the victim, if an adult, or the
2parent, guardian or legal custodian of the victim, if the victim is a child, may request
3an order requiring a juvenile who is alleged to have violated s. 940.225, 948.02,
4948.025, 948.05 or 948.06 to submit to a test or a series of tests to detect the presence
5of HIV, as defined in s. 252.01 (1m), antigen or nonantigenic products of HIV, an
6antibody to HIV or a sexually transmitted disease, as defined in s. 252.11 (1), and to
7have the results of that test or series of tests disclosed as provided in s. 938.296 (4)
8(a) to (e).
AB130-SSA1,312,109 (f) The right to request and receive notice of the time and place of any hearing
10that the victim may attend under s. 938.299 (1) (am).
AB130-SSA1,312,1211 (g) The right to make a statement to the court as provided in ss. 938.32 (1) (b)
12and 938.335 (3m).
AB130-SSA1,312,21 13(1m) The intake worker shall provide notice of the information specified in sub.
14(1) (a), (b) and (c), the information specified in sub. (1) (d) relating to a deferred
15prosecution agreement under s. 938.245 and the information specified in sub. (3) if
16the inquiry is terminated without a deferred prosecution agreement before the filing
17of a petition. The district attorney or corporation counsel shall provide notice of the
18information specified in sub. (1) (e), (f) and (g), the information specified in sub. (1)
19(d) relating to a consent decree under s. 938.32 or a dispositional order under ss.
20938.34 to 938.345 and the information under sub. (3) if the proceeding is terminated
21without a consent decree or dispositional order after the filing of a petition.
AB130-SSA1,312,23 22(2) The notice under sub. (1) shall include an explanation of the restrictions on
23divulging information obtained under this chapter and the penalties for violations.
AB130-SSA1,313,2 24(3) If an inquiry or proceeding is closed, dismissed or otherwise does not result
25in a deferred prosecution agreement, consent decree or dispositional order, a

1reasonable attempt shall be made to inform each known victim of the juvenile's
2alleged act that the inquiry or proceeding has been terminated.
AB130-SSA1,313,4 3(4) If the victim is a child, the notice under this section shall be given to the
4child's parents, guardian or legal custodian.
AB130-SSA1,313,7 5(5) Chief judges and circuit judges shall establish by policy and rule procedures
6for the implementation of this section. The policies and rules shall specify when, how
7and by whom the notice under this section shall be provided to victims.
AB130-SSA1,313,15 8938.35 Effect of judgment and disposition. (1) The court shall enter a
9judgment setting forth the court's findings and disposition in the proceeding. A
10judgment in a proceeding on a petition under this subchapter is not a conviction of
11a crime, does not impose any civil disabilities ordinarily resulting from the conviction
12of a crime and does not operate to disqualify the juvenile in any civil service
13application or appointment. The disposition of a juvenile, and any record of evidence
14given in a hearing in court, is not admissible as evidence against the juvenile in any
15case or proceeding in any other court except for the following:
AB130-SSA1,313,1716 (a) In sentencing proceedings after conviction of a felony or misdemeanor and
17then only for the purpose of a presentence study and report.
AB130-SSA1,313,1918 (b) In a proceeding in any court assigned to exercise jurisdiction under this
19chapter and ch. 48.
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