SB77,6,2
1An Act to repeal 48.01 (1) (c), 48.01 (1) (d), 48.01 (1) (h), 48.02 (3m), 48.02 (9m),
248.02 (15m), 48.065 (2) (g), 48.065 (3) (a), 48.065 (3) (f), 48.069 (1) (dj), 48.08 (3),
348.09 (1), 48.09 (2), 48.09 (3), 48.09 (4), 48.12, 48.125, 48.13 (6), 48.13 (6m),
448.13 (7), 48.13 (12), 48.13 (14), 48.17, 48.18, 48.183, 48.185 (3), 48.19 (1) (d) 3.,
548.19 (1) (d) 6., 48.19 (1) (d) 8., 48.19 (1) (d) 9., 48.19 (1) (d) 10., 48.19 (1m), 48.20
6(2) (cm), 48.20 (2) (e), 48.20 (2) (f), 48.20 (2) (g), 48.20 (7) (c) 1m., 48.208 (1),
748.208 (2), 48.208 (5), 48.209 (3), 48.21 (2), 48.21 (4m), 48.22, 48.225, 48.23 (1)
8(am), 48.23 (2m), 48.237, 48.24 (2m) (a) 1., 48.24 (2m) (a) 3., 48.24 (7), 48.243
9(1m), 48.245 (2) (a) 5., 48.245 (2) (a) 6., 48.245 (2) (a) 7., 48.245 (2m), 48.245 (6),
1048.25 (2) (b), 48.25 (4), 48.25 (5), 48.255 (1) (d), 48.27 (4m), 48.27 (7), 48.29 (1g),
1148.29 (2), 48.295 (1c) (b), 48.295 (1c) (c), 48.295 (2) (a), 48.296, 48.299 (1) (am),
1248.30 (4), 48.30 (5), 48.32 (1d), 48.32 (1g), 48.32 (1r), 48.32 (1t), 48.32 (2) (b),
1348.32 (4), 48.33 (3), 48.33 (3m), 48.331, 48.335 (3m), 48.34 (intro.), 48.34 (2r),
1448.34 (3g), 48.34 (4g), 48.34 (4m), 48.34 (4n), 48.34 (4p), 48.34 (4r), 48.34 (4s),
148.34 (5), 48.34 (7), 48.34 (7m), 48.34 (8), 48.34 (9), 48.34 (14), 48.34 (15), 48.341,
248.342, 48.343, 48.344, 48.345 (1) (a), 48.345 (1) (b), 48.345 (1) (c), 48.345 (1) (d),
348.345 (1) (f), 48.345 (2), 48.346, 48.35 (1) (a), 48.35 (1) (b) 4., 48.35 (1) (c), 48.355
4(3m), 48.355 (4) (b), 48.355 (6) and (6g), 48.357 (3) and (4), 48.357 (4g), 48.357
5(4m), 48.357 (5), 48.364, 48.365 (7), 48.366, 48.37 (3), 48.38 (3) (a), 48.39, 48.396
6(1m), 48.396 (2) (c), 48.396 (2) (d), 48.396 (2) (e), 48.396 (2m), 48.396 (3), 48.396
7(4), 48.396 (5), 48.396 (6), 48.396 (7), 48.396 (8), 48.44 (2), 48.48 (13), 48.49,
848.505, 48.51, 48.52 (1) (d), 48.53, 48.532, 48.533, 48.534, 48.536, 48.537, 48.57
9(4), 48.595, 48.78 (2) (d), 48.78 (2) (e) and (3), 304.07 and 906.09 (4);
to
10renumber 48.34 (1), 48.34 (2), 48.34 (2m), 48.34 (3), 48.34 (4), 48.34 (6), 48.34
11(6m), 48.34 (10), 48.34 (11), 48.34 (12), 48.34 (13), 48.991, 48.996 and 48.997;
12to renumber and amend 48.25 (2) (a), 48.295 (2) (b), 48.355 (4) (a), 48.44 (1),
1348.992, 48.993, 48.994, 48.995, 48.998 and 118.125 (5);
to consolidate,
14renumber and amend 48.295 (1c) (intro.) and (a), 48.345 (1) (intro.) and (e)
15and ;
to amend 16.51 (7), 17.10 (6) (b) 1., 19.35 (1) (am) 2. c., 20.410 (1) (am),
1620.410 (1) (c), 20.410 (1) (hx), 20.435 (3) (au), 20.435 (3) (bg), 20.435 (3) (cd),
1720.435 (3) (hm), 20.435 (3) (ho), 20.435 (3) (o), 20.435 (7) (b), 38.24 (1s), 46.025,
1846.03 (1), 46.03 (4) (b) 1., 46.03 (6) (a), 46.03 (7) (a), 46.03 (7) (e), 46.03 (17) (c),
1946.03 (32), 46.041 (1) (a), 46.049, 46.10 (1), 46.10 (2), 46.10 (14) (b), 46.10 (14)
20(e) 1., 46.206 (1) (b), 46.21 (2) (a), 46.215 (1) (h), 46.22 (1) (c) 1. b., 46.22 (1) (c)
212., 46.22 (1) (c) 5., 46.22 (1) (c) 8. c., 46.22 (1) (c) 8. e., 46.25 (9) (b), 46.26 (1), 46.26
22(2) (c), 46.26 (3) (d), 46.26 (3) (f), 46.26 (4) (a), 46.26 (4) (b) 1., 46.26 (4) (c), 46.26
23(4) (cm) 1., 46.26 (4) (cm) 2., 46.26 (4) (d) 1., 46.26 (4) (d) 1m., 46.26 (4) (d) 2.,
2446.26 (4) (d) 3., 46.26 (4) (d) 4., 46.26 (4) (dr), 46.26 (4) (e), 46.26 (4) (eg), 46.26
25(4) (g), 46.26 (7) (b) 2., 46.26 (7) (b) 3., 46.26 (7) (h), 46.263 (3), 46.275 (4) (b) 1.,
146.28 (1) (am) 1., 46.28 (1) (am) 2., 46.56 (3) (a) 5., 46.56 (8) (a), 46.56 (8) (g),
246.56 (8) (h) 5., 46.56 (8) (j), 46.56 (8) (k), 46.56 (14) (a) (intro.), 48.02 (2m), 48.02
3(10), 48.023 (4), 48.03 (2), 48.035, 48.06 (1) (a) 1., 48.06 (1) (a) 3., 48.06 (2) (a),
448.06 (3), 48.065 (2) (gm), 48.065 (3) (b), 48.065 (3) (c), 48.065 (3) (e), 48.07 (4),
548.08 (2), 48.10, 48.13 (4), 48.135 (1), 48.14 (4), 48.15, 48.185 (1), 48.20 (2) (ag),
648.20 (3), 48.20 (7) (a), 48.20 (8), 48.205 (1) (a), 48.205 (1) (c), 48.21 (1) (a), 48.21
7(3) (intro.), 48.227 (4) (b), 48.227 (4) (e) 2., 48.23 (1) (a), 48.24 (1), 48.24 (2m) (a)
82., 48.24 (5), 48.243 (1) (intro.), 48.243 (1) (b), 48.243 (1) (c), 48.243 (1) (h), 48.245
9(1), 48.245 (2) (b), 48.245 (7), 48.245 (8), 48.25 (1), 48.25 (3), 48.255 (1) (e), 48.255
10(3), 48.255 (4), 48.263 (2), 48.27 (1), 48.27 (8), 48.273 (1), 48.273 (3), 48.275 (1),
1148.275 (2) (a), 48.29 (1), 48.29 (1m), 48.29 (3), 48.293 (1), 48.293 (2), 48.297 (2),
1248.297 (3), 48.297 (5), 48.299 (1) (a), 48.299 (4) (a), 48.299 (4) (b), 48.30 (1), 48.30
13(2), 48.30 (3), 48.30 (6), 48.30 (7), 48.30 (8), 48.30 (9), 48.30 (10), 48.31 (1), 48.31
14(2), 48.31 (4), 48.32 (1), 48.32 (2) (a), 48.32 (5) (a), 48.32 (5) (b), 48.33 (1) (intro.),
1548.33 (4m) (intro.), 48.335 (1), 48.35 (1) (b) 2., 48.355 (1), 48.355 (2) (b) 5., 48.355
16(7), 48.357 (2), 48.36 (1) (a), 48.361 (1) (b), 48.361 (1) (c), 48.361 (2) (am) 2.,
1748.362 (2), 48.37 (1), 48.373 (1), 48.375 (4) (b) 1g., 48.396 (1), 48.396 (2) (a),
1848.415 (1) (a) 2., 48.415 (2) (a), subchapter IX (title) of chapter 48 [precedes
1948.44], 48.45 (title) and (1), 48.45 (1m) (a), 48.45 (3), 48.48 (1), 48.48 (3), 48.48
20(4), 48.48 (4m) (b), 48.48 (5), 48.48 (6), 48.48 (14), 48.48 (16), 48.50 (1), 48.52 (1)
21(c), 48.52 (2) (a), 48.52 (2) (c), 48.54, 48.547 (1), 48.547 (4), 48.57 (1) (a), 48.58
22(1) (b), 48.58 (1) (c), 48.58 (1) (d), 48.59 (1), 48.63 (1), 48.66 (1), 48.78 (2) (a),
2348.95, 49.19 (4) (c), 49.46 (1) (a) 5., 49.80 (7), 49.90 (1m), 50.39 (3), 51.05 (2),
2451.13 (1) (c), 51.13 (4) (a), 51.13 (4) (b), 51.13 (4) (d), 51.13 (4) (h) 2., 51.13 (4)
25(h) 4., 51.14 (2), 51.15 (1) (a) (intro.), 3. and 4., 51.20 (1) (a) 2. b., c. and d., 51.20
1(1) (b), 51.20 (6), 51.20 (13) (cr), 51.35 (3) (title), 51.35 (3) (a), 51.35 (3) (b), 51.35
2(3) (c), 51.35 (3) (e), 51.35 (3) (g), 51.42 (3) (ar) 4. b., 51.42 (3) (as) 1., 51.437 (4rm)
3(a), 51.45 (5) (d) 1., 51.45 (11) (bm), 59.175, 101.123 (1) (i), 102.07 (13), 103.70
4(1), 103.72, 103.87, 115.31 (1) (b), 115.81 (9) (c), 115.85 (2m), 118.125 (1) (a),
5118.125 (2) (cm), 118.125 (2) (d), 118.125 (2) (j) 3., 118.125 (2) (L), 118.125 (3),
6118.125 (4), 118.127 (1), 118.127 (2), 118.15 (1) (cm) 1., 118.15 (5) (a), 118.16 (2m)
7(a) (intro.), 118.16 (2m) (d), 118.16 (2m) (e), 118.16 (4) (e), 118.16 (5) (intro.),
8118.16 (5) (a), 118.16 (5) (c), 118.16 (6), 118.162 (4) (e), 118.163 (2) (b), 118.163
9(2) (d), 119.04 (1), 120.12 (18), 121.78 (4), 125.07 (4) (bs) 1., 125.07 (4) (bs) 2.,
10125.07 (4) (bs) 3., 125.07 (4) (bs) 4., 125.07 (4) (c) 1., 125.07 (4) (c) 2., 125.07 (4)
11(c) 3., 125.07 (4) (c) 4., 125.07 (4) (cg), 125.07 (4) (d), 125.07 (4) (e) 2. a., 125.085
12(3) (bd), 125.085 (3) (bh), 125.085 (3) (bt), 125.09 (2) (d), 146.34 (1) (e), 146.34
13(5) (a) (intro.), 146.81 (4), 146.81 (5), 157.065 (2) (a) 4. c., 161.455 (1), 161.46 (1),
14161.46 (2), 161.46 (3), 161.573 (2), 161.574 (2), 161.575 (1), 161.575 (2), 165.76
15(1) (a), 165.76 (2) (b) 2., 165.76 (2) (b) 5., 165.76 (3), 165.765 (1), 165.765 (2) (a),
16165.77 (2) (b), 165.77 (3), 175.35 (1) (ag), 175.45 (1) (b), 175.45 (1) (e), 175.45 (3)
17(a) 2., 175.45 (5) (b), 227.03 (4), 230.36 (1), 230.36 (3) (c) (intro.), 252.04 (6),
18252.11 (5m), 252.11 (7), 252.15 (1) (ab), 252.15 (2) (a) 6., 252.15 (2) (a) 7. a.,
19252.15 (5) (a) 17., 252.15 (5) (a) 19., 301.01 (2) (b), 301.02, 301.03 (9), 301.03
20(9m), 301.035 (2), 301.035 (4), 301.135 (1), 301.135 (3m), 301.28 (1), 301.36 (1),
21302.11 (10), 302.17 (2), 302.17 (3), 302.18 (7), 302.255, 302.31, 302.386 (1),
22302.386 (2) (intro.), 302.386 (3), 304.06 (1) (b), 304.15, 340.01 (9r) (d), 343.06 (1)
23(i), 343.30 (5), 343.30 (6) (b) (intro.), 752.31 (2) (e), 757.69 (1) (g), 758.19 (6),
24767.02 (1) (m), 767.24 (3) (e), 767.29 (3), 767.30 (1), 767.305, 767.32 (1) (a),
25767.32 (2r), 767.47 (10), 778.25 (1) (a) 1., 778.25 (1) (a) 4., 778.25 (1) (a) 5., 778.25
1(8) (a), 778.25 (8) (b), 778.25 (8) (c), 808.04 (3), 808.04 (4), 809.30 (1) (a), 809.30
2(1) (b), 809.30 (2) (d), 809.30 (2) (fm), 809.40 (1), 851.72 (7), 859.07 (2), 880.15
3(1), 885.37 (1) (a) 2., 895.035 (3), 895.035 (4), 895.035 (6), 901.05 (2) (intro.),
4901.05 (3), 904.13 (2), 905.04 (4) (i), 906.08 (2), 906.09 (title), 906.09 (1), 906.09
5(2), 906.09 (3), 906.09 (5), 908.08 (1), 939.62 (3) (a), 939.62 (3) (b), 939.635 (1),
6939.635 (2) (b), 941.29 (2), 946.42 (1) (a), 946.42 (1) (c), 946.42 (2) (b), 946.42 (3)
7(b), 946.42 (3) (c), 946.42 (3) (d), 946.44 (1) (a), 946.44 (2) (c), 946.44 (2) (d),
8946.45 (1), 946.45 (2) (c), 946.45 (2) (d), 948.01 (1), 948.31 (1) (a) 2., 948.31 (1)
9(b), 948.35 (1) (a), 948.36 (1), 948.40 (1), 948.40 (2), 948.45 (1), 948.50 (4) (b),
10948.60 (title), (2) and (3), 948.61 (4), 950.02 (1m), 967.04 (7) (a) (intro.), 967.04
11(9), 968.255 (1) (a) 3., 968.255 (7) (b), 969.01 (4), 970.032 (title) and (1), 970.032
12(2) (intro.), 970.032 (2) (b), 970.032 (2) (c), 970.035, 971.105, 972.14 (3), 973.013
13(3m), 976.08, 977.02 (3), 977.05 (4) (gm), 977.05 (4) (h), 977.05 (4) (i) 5., 977.07
14(1) (a), 977.07 (1) (c), 977.07 (2) (a), 977.07 (2) (c), 977.08 (2) (e), 977.10, 978.05
15(6) (a), 980.015 (2) (b), 980.02 (1) (b) 2., 980.02 (2) (ag), 980.02 (4) (am), 980.02
16(4) (b), 980.04 (1), 990.01 (3) and 990.01 (20);
to repeal and recreate 48.275
17(3); and
to create 20.435 (3) (c), 48.06 (2) (am), 60.23 (22m), 101.123 (3) (gg),
18118.125 (2) (cg), 118.125 (5) (b), 118.127 (3), 118.15 (5) (am), 118.16 (5m),
19118.163 (2) (e), 120.12 (24), 301.35 (2) (e), 302.386 (5) (c), 302.386 (5) (d), 304.06
20(1z), 808.075 (4) (fn), 895.035 (2m), chapter 938, 938.988 and 946.50 of the
1statutes;
relating to: creating a juvenile justice code, granting rule-making
2authority, making appropriations and providing penalties.
This bill makes various changes relating to juveniles who violate criminal laws,
civil laws or municipal ordinances or who are uncontrollable, dropouts or habitually
truant from home or school. Those changes are as follows:
1. To promote a juvenile justice system which is capable of dealing with the
problem of juvenile delinquency by: a) protecting citizens from juvenile crime; b)
holding juvenile offenders directly accountable for their acts; and c) developing
competency in juvenile offenders so that they are more capable of living productively
and responsibly in the community.
2. To respond to a juvenile offender's need for care and treatment, consistent
with the prevention of delinquency, the offender's best interest and the protection of
the public, by allowing the judge to use the most effective dispositional option.
3. To divert juveniles from the juvenile justice system through early
intervention as warranted, when consistent with the protection of the public.
Under current law, a person 18 years of age or older who violates a criminal law
is subject to the jurisdiction and procedures of the court of criminal jurisdiction
(adult court) and, on conviction, is subject to an adult sentence. Currently, a person
who is under 18 years of age, but who is 12 years of age or older, and who violates a
criminal law is subject to the delinquency jurisdiction and procedures of the juvenile
court and, on being adjudicated delinquent, is subject to an array of dispositions
provided in the children's code including placement in a juvenile secured correctional
facility. Currently, a juvenile under 12 years of age who violates a criminal law is
subject to the CHIPS jurisdiction and procedures of the juvenile court and, on
adjudication, is subject to an array of dispositions provided in the children's code for
CHIPS juveniles, but not including any type of secure placement. This bill lowers
from 18 to 17 the age at which a person who violates a criminal law is subject to the
jurisdiction and procedures of the adult court and, on conviction, to an adult
sentence. The bill also lowers from 12 to 10 the age at which a juvenile who violates
a criminal law is subject to the delinquency jurisdiction and procedures of the
juvenile court and, on adjudication, a secure placement. The bill provides, however,
that a juvenile under 12 years of age who is adjudicated delinquent may not be placed
in a juvenile secured correctional facility. Instead, the bill authorizes the department
of health and social services (DHSS) to license child welfare agencies to hold in secure
custody juveniles under 12 years of age who have been adjudicated delinquent. The
bill defines such a licensed facility as a "secured child caring institution" and permits
a juvenile court to place a juvenile under 12 years of age who has been adjudicated
delinquent in a secured child caring institution under DHSS supervision.
Under current law, an adult court has original jurisdiction over a juvenile who
is alleged to have committed battery or aggravated assault while placed in a secured
correctional facility. A juvenile who is alleged to have committed battery or
aggravated assault while placed in a secured correctional facility is subject to the
procedures specified in the criminal procedure code and to adult sentencing unless
the adult court transfers jurisdiction to the juvenile court. This bill grants to an adult
court original jurisdiction over a juvenile who is alleged to have attempted or
committed first-degree intentional homicide or to have committed first-degree
reckless homicide or 2nd-degree intentional homicide on or after the juvenile's 10th
birthday. A juvenile who is alleged to have attempted or committed first-degree
intentional homicide or to have committed first-degree reckless homicide or
2nd-degree intentional homicide on or after the juvenile's 10th birthday is subject
to the procedures specified in the criminal procedure code and to adult sentencing
unless the adult court convicts the juvenile of a lesser offense, in which case the adult
court must impose a disposition permitted under the children's code. A juvenile who
is convicted of attempting or committing first-degree intentional homicide or of
committing first-degree reckless homicide or 2nd-degree intentional homicide must
remain under the supervision of DHSS until the juvenile attains 17 years of age and,
on attaining 17 years of age, must be transferred to the supervision of the
department of corrections (DOC). DOC may place the juvenile in a state prison and
must discharge the juvenile when the juvenile is no longer in need of rehabilitation
and treatment and is no longer a danger to the public. The juvenile may also be
paroled by the parole commission.
The bill also grants to an adult court original jurisdiction over a juvenile who
is alleged to have violated any state criminal law under any of the following
circumstances: 1) the child has been convicted of a previous violation following
waiver of juvenile court jurisdiction; 2) the juvenile court has waived its jurisdiction
over the juvenile for a previous violation and criminal proceedings on that violation
are still pending; 3) the juvenile has been convicted of a previous violation over which
the adult court had original jurisdiction; or 4) proceedings on a violation over which
the adult court has original jurisdiction are still pending. The bill requires the adult
court to retain jurisdiction over the juvenile in those circumstances if the adult court
finds probable cause to believe that the juvenile has violated any state criminal law
and does not permit the adult court to transfer jurisdiction to the juvenile court.
Under current law, the victim of a juvenile's act must receive timely notice of
certain information including general information relating to an informal
disposition, consent decree or dispositional order involving the juvenile's act. This
bill changes the term "informal disposition" to "deferred prosecution agreement" and
eliminates the requirement that only general information regarding a deferred
prosecution agreement, consent decree or dispositional order may be provided to a
victim and instead specifies that any information regarding a deferred prosecution
agreement, consent decree or dispositional order, other than a psychological report,
a court report prepared by a social services agency or other information dealing with
sensitive personal matters of the juvenile and the juvenile's family, may be provided
to a victim.
The bill also requires a juvenile court to disclose information in its records as
follows:
1. To the victim-witness coordinator: information relating to enforcing the
rights of a victim of a juvenile's act and to providing services for that victim.
2. To the school board of the school district in which a juvenile is enrolled or the
school board's designee: if the juvenile is alleged to have committed an act that would
be a felony if committed by an adult, the fact that a delinquency petition has been
filed against the juvenile and the nature of the violation alleged in the petition; and,
if the juvenile has been adjudicated delinquent for any violation, the fact that the
juvenile has been adjudicated delinquent, the nature of the violation committed by
the juvenile and the disposition imposed on the juvenile as a result of that violation.
Under the bill, a school board or designee must disclose the information to employes
of the school district who work directly with the juvenile or who have a legitimate
educational or safety interest in the information. Under the bill, juvenile court
records may not be used as the sole basis for suspending or expelling a pupil.
Currently, a juvenile court may disclose to a juvenile's school board only the fact that
the juvenile has been adjudicated delinquent and must first notify the juvenile's
parent of that intended disclosure to give the parent the opportunity to object to the
disclosure. This bill eliminates the parent's opportunity to object.
Under current law, subject to certain exceptions, a juvenile's disposition and the
record of evidence given in a juvenile court hearing is not admissible as evidence
against the juvenile in any other court. This bill permits an adjudication of
delinquency to be considered in setting bail and to be used to impeach, that is, attack
the credibility of, a witness.
Under current law, subject to certain exceptions, the records of a social welfare
agency, that is, DHSS, a county department of human services or social services
(county department) or a licensed child welfare agency, relating to an individual in
the care or legal custody of the social welfare agency are not open to inspection and
may not be disclosed except that a social welfare agency may confidentially exchange
records with another social welfare agency or a law enforcement agency. This bill
permits a social welfare agency to exchange records confidentially with a public
school district and the victim-witness coordinator.
Under current law, pupil records, that is, records relating to an individual pupil
maintained by a school, subject to certain exceptions, are confidential. Currently, the
juvenile court may order a school board to disclose the pupil records of a juvenile who
is under a juvenile court order to participate in an education program to the county
department or child welfare agency responsible for supervising the juvenile in order
for the department or agency to determine the juvenile's compliance with the order.
This bill permits a juvenile court to order a school board to disclose pupil records as
follows:
1. To a law enforcement agency: as necessary for the law enforcement agency
to investigate alleged criminal or delinquent activity.
2. To a social welfare agency: as necessary for the social welfare agency to
provide treatment or care for an individual in the social welfare agency's care or legal
custody.
Current law provides for an array of specific dispositions that a juvenile court
may impose on a juvenile who has been adjudged delinquent. This bill creates the
following new dispositions:
1. Home detention for a period of not more than 20 days.
2. Short-term placement for not more than 30 days in a secure detention
facility or juvenile portion of a county jail that meets the standards promulgated by
DOC by rule or in a place of nonsecure custody designated by the judge.
3. Contribution of a percentage of any income that the juvenile receives while
placed in an out-of-home placement towards restitution of the juvenile's victim.