AB130: Bill Text

AB130, s. 636 Section 636. 978.05 (6) (a) of the statutes is amended to read:

AB130,401,14 978.05 (6) (a) Institute, commence or appear in all civil actions or special proceedings under and perform the duties set forth for the district attorney under ss. 17.14, 30.03 (2), 48.09 (1), (2) and (5), 48.18, 48.355 (6) (b) and (6g) (a), 59.073, 59.77, 70.36, 103.50 (8), 103.92 (4), 109.09, 161.55 (5), 343.305 (9) (a), 453.08, 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a), 946.86, 946.87, 971.14 and 973.075 to 973.077, perform any duties in connection with court proceedings in a court assigned to exercise jurisdiction under ch. chs. 48 and 938 as the judge may request and perform all appropriate duties and appear if the district attorney is designated in specific statutes, including matters within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits the authority of the county board to designate, under s. 48.09 (2) or (5), that the corporation counsel provide representation as specified in s. 48.09 (2) or (5) or to designate, under s. 48.09 (6), the district attorney as an appropriate person to represent the interests of the public under s. 48.14.

AB130, s. 637 Section 637. 980.015 (2) (b) of the statutes is amended to read:

AB130,401,19 980.015 (2) (b) The anticipated release from a secured correctional facility, as defined in s. 48.02 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), of a person adjudicated delinquent under s. 48.34 938.34 on the basis of a sexually violent offense.

AB130, s. 638 Section 638. 980.02 (1) (b) 2. of the statutes is amended to read:

AB130,401,24 980.02 (1) (b) 2. The county in which the person will reside or be placed upon his or her discharge from a sentence, release on parole, release from imprisonment, from a secured correctional facility, as defined in s. 48.02 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or from a commitment order.

AB130, s. 639 Section 639. 980.02 (2) (ag) of the statutes is amended to read:

AB130,402,7 980.02 (2) (ag) The person is within 90 days of discharge or release, on parole or otherwise, from a sentence that was imposed for a conviction for a sexually violent offense from a secured correctional facility, as defined in s. 48.02 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), if the person was placed in the facility for being adjudicated delinquent under s. 48.34 938.34 on the basis of a sexually violent offense or from a commitment order that was entered as a result of a sexually violent offense.

AB130, s. 640 Section 640. 980.02 (4) (am) of the statutes is amended to read:

AB130,402,13 980.02 (4) (am) The circuit court for the county in which the person will reside or be placed upon his or her discharge from a sentence, release on parole, release from imprisonment, from a secured correctional facility, as defined in s. 48.02 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or from a commitment order.

AB130, s. 641 Section 641. 980.02 (4) (b) of the statutes is amended to read:

AB130,402,18 980.02 (4) (b) The circuit court for the county in which the person is in custody under a sentence, a placement to a secured correctional facility, as defined in s. 48.02 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or a commitment order.

AB130, s. 642 Section 642. 980.04 (1) of the statutes is amended to read:

AB130,403,7 980.04 (1) Upon the filing of a petition under s. 980.02, the court shall review the petition to determine whether to issue an order for detention of the person who is the subject of the petition. The person shall be detained only if there is cause to believe that the person is eligible for commitment under s. 980.05 (5). A person detained under this subsection shall be held in a facility approved by the department. If the person is serving a sentence of imprisonment, is in a secured correctional facility, as defined in s. 48.02 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or is committed to institutional care, and the court orders detention under this subsection, the court shall order that the person be transferred to a detention facility approved by the department. A detention order under this subsection remains in effect until the person is discharged after a trial under s. 980.05 or until the effective date of a commitment order under s. 980.06, whichever is applicable.

AB130, s. 643 Section 643. 990.01 (3) of the statutes is amended to read:

AB130,403,12 990.01 (3) Adult. An adult is "Adult" means a person who has attained the age of 18 years, except that for purposes of prosecuting a person who is alleged to have violated any state or federal criminal law "adult" means a person who has attained the age of 17 years.

AB130, s. 644 Section 644. 990.01 (20) of the statutes is amended to read:

AB130,403,17 990.01 (20) Minor. A minor is "Minor" means a person who has not attained the age of 18 years, except that for purposes of prosecuting a person who is alleged to have violated a state or federal criminal law "minor" does not include a person who has attained the age of 17 years.

AB130, s. 9300 Section 9300. Initial applicability; general statement.

AB130,403,20 (1)  Except as otherwise provided in Sections 9310 and 9359, this act first applies to violations committed on the effective date of this subsection.

AB130, s. 9310 Section 9310. Initial applicability; circuit courts.

AB130,404,4 (1)  Adult court jurisdiction over children. The treatment of sections 938.18 (1) (a) 3., 938.183 (1) (b) and (c), 948.60 (2) (d) and 948.61 (4) of the statutes first applies to acts committed on the effective date of this subsection, but does not preclude the counting of a conviction or a waiver of jurisdiction under section 48.18 of the statutes obtained, or a criminal proceeding commenced, before the effective date of this subsection for the purpose of conferring jurisdiction over a child on a court of criminal jurisdiction under section 938.183 (1) (b) or (c) of the statutes, as created by this act.

AB130,404,8 (2)  Firearm possession penalties. The treatment of section 941.29 (2) of the statutes first applies to offenses committed on the effective date of this subsection, but does not preclude the counting of other offenses as prior offenses for purposes of sentencing a person.

AB130,404,10 (3)  Substitution of a judge. The treatment of section 938.29 (1g) of the statutes first applies to petitions filed on the effective date of this subsection.

AB130,404,12 (4)  No contest pleas. The treatment of section 938.30 (4) (bm) of the statutes first applies to pleas entered on the effective date of this subsection.

AB130,404,17 (5)  Attendance at hearings, victim statements, court reports and disclosure of information to public. The treatment of sections 120.12 (18), 938.299 (1) (a), (am) and (ar), 938.32 (1) (b) 1., 938.33 (3) (intro.), (4) (intro.), (4m) (intro.) and (a) and (5), 938.335 (3m) (a), 938.396 (2m) and 972.14 (3) (a) of the statutes first applies to hearings held on the effective date of this subsection.

AB130,404,23 (6)  Violations of dispositional orders. The treatment of sections 301.135 (1) and (3m), 938.17 (2) (d) (with respect to failure to pay a forfeiture) and (h), 938.23 (1) (am), 938.34 (8) (with respect to failure to pay a forfeiture), 938.343 (2) (with respect to failure to pay a forfeiture) and 938.355 (6) (a), (am), (b) and (d) (intro.), 1. and 4., (6d) and (6g) (a) and (b) 1. of the statutes first applies to orders entered on the effective date of this subsection.

AB130,404,25 (7)  Absconders. The treatment of section 946.50 of the statutes first applies to children who are adjudicated delinquent on the effective date of this subsection.

AB130,405,3 (8)  Child custody hearings. The treatment of sections 938.208 (5), 938.21 (1) (a) and 938.534 (1) of the statutes first applies to children who are taken into custody or who enter a runway home on the effective date of this subsection.

AB130,405,7 (9)  Deferred prosecution agreements and consent decrees. The treatment of sections 938.245 (2) (b) and (2m) and 938.32 (2) (a) and (b) of the statutes first applies to deferred prosecution agreements and consent decrees entered into on the effective date of this subsection.

AB130,405,10 (10)  Time limits in juvenile proceedings. The treatment of sections 938.24 (5), 938.245 (7), 938.25 (2), 938.315 (1) (c) and (3) and 938.365 (6) of the statutes first applies to time periods beginning on the effective date of this subsection.

AB130, s. 9359 Section 9359. Initial applicability; other.

AB130,405,14 (1)  Reimbursement of counties. The treatment of sections 16.51 (7), 20.410 (1) (c), 20.435 (3) (c), 48.36 (2), 59.175, 119.04 (1) and 120.12 (24) of the statutes first applies to expenses incurred on the effective date of this subsection.

AB130, s. 9400 Section 9400. Effective dates.

AB130,405,17 (1)  This act takes effect on December 1, 1995, or on the day after publication, whichever is later.

AB130,405,18 (End)