Amendment SA15-SB313

SB313-SA15,4,23 (c) Placement in a teen court program if all of the following conditions apply:

SB313-SA15,5,2 1. The chief judge of the judicial administrative district has approved a teen court program established in the juvenile's county of residence and the judge determines that participation in the teen court program will likely benefit the juvenile and the community.

SB313-SA15,5,5 2. The juvenile admits or pleads no contest in open court, with the juvenile's parent, guardian or legal custodian present, to the allegations that the juvenile violated s. 938.983 (2) or the ordinance enacted under s. 938.983 (5).

SB313-SA15,5,8 3. The juvenile has not successfully completed participation in a teen court program during the 2 years before the date of the alleged violation of s. 938.983 (2) or the ordinance enacted under s. 938.983 (5).

SB313-SA15,5,10 (d) Participation in a supervised work program or other community service work under s. 938.34 (5g).

SB313-SA15,5,13 (e) Attendance at a course relating to the health risks associated with the use of cigarettes or tobacco products if such a course is available within a reasonable distance from the juvenile's residence.

SB313-SA15, s. 8s Section 8s. 938.344 (3) of the statutes is amended to read:

SB313-SA15,5,25 938.344 (3) If the a juvenile who is alleged to have committed the a violation of s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2) or 938.983, or of a local ordinance that strictly conforms to one of those statutes, is within 3 months of his or her 17th birthday, the court assigned to exercise jurisdiction under this chapter and ch. 48 may, at the request of the district attorney or on its own motion, dismiss the citation without prejudice and refer the matter to the district attorney for prosecution under s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2) or 938.983 or a local ordinance that strictly conforms to one of those statutes. The juvenile is entitled to a hearing only on the issue of his or her age. This subsection does not apply to violations under s. 961.573 (2), 961.574 (2) or 961.575 (2) or a local ordinance that strictly conforms to one of those statutes.".

SB313-SA15,6,1 3. Page 5, line 17: delete lines 17 to 20 and substitute:

SB313-SA15,6,2 " Section 12m. 938.983 (2r) of the statutes is created to read:

SB313-SA15,6,5 938.983 (2r) Subject to sub. (2v), any person who violates sub. (2) or an ordinance enacted under sub. (5) is subject to one or any combination of the following dispositions:

SB313-SA15,6,6 (a) Counseling by the court of the person and his or her parent or guardian.

SB313-SA15,6,16 (b) A forfeiture not to exceed $250. Any such order shall include a finding that the person alone is financially able to pay and shall allow up to 12 months for the payment. If a person fails to pay the forfeiture, the court may suspend any license issued under ch. 29 or suspend the person's operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than 5 years. The court shall immediately take possession of the suspended license and forward it to the department that issued the license, together with the notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which will thereupon return the license to the person.

SB313-SA15,6,17 (c) Placement in a teen court program if all of the following conditions apply:

SB313-SA15,6,21 1. The chief judge of the judicial administrative district has approved a teen court program established in the person's county of residence and the judge determines that participation in the teen court program will likely benefit the person and the community.

SB313-SA15,6,24 2. The person admits or pleads no contest in open court, with the person's parent, guardian or legal custodian present, to the allegations that the person violated sub. (2) or the ordinance enacted under sub. (5).

SB313-SA15,7,3 3. The person has not successfully completed participation in a teen court program during the 2 years before the date of the alleged violation of sub. (2) or the ordinance enacted under sub. (5).

SB313-SA15,7,7 (d) Participation in a supervised work program administered by the county department or a community agency approved by the court or other community service work administered by a public agency or nonprofit charitable organization approved by the court as described in sub. (2t).

SB313-SA15,7,10 (e) Attendance at a course relating to the health risks associated with the use of cigarettes or tobacco products if such a course is available within a reasonable distance from the person's residence.

SB313-SA15, s. 12p Section 12p. 938.983 (2t) of the statutes is created to read:

SB313-SA15,7,18 938.983 (2t) (a) The court shall set standards for the supervised work program under sub. (2r) (d) within the budgetary limits established by the county board of supervisors. The supervised work program may provide the person with reasonable compensation reflecting a reasonable market value of the work performed or it may consist of uncompensated community service work. The court may use any available resources, including any community service work program, in ordering the person to perform community service work under sub. (2r).

SB313-SA15,8,2 (b) The supervised work program or other community service work shall be of a constructive nature designed to promote the person's rehabilitation, shall be appropriate to the person's age level and physical ability and shall be combined with counseling from a member of the staff of the county department, community agency, public agency or nonprofit charitable organization or other qualified person. The supervised work program or other community service work may not conflict with the person's regular attendance at school. The amount of work required shall be reasonably related to the seriousness of the person's offense.

SB313-SA15, s. 12r Section 12r. 938.983 (2v) of the statutes is created to read:

SB313-SA15,8,7 938.983 (2v) A person who is under 17 years of age on the date of disposition is subject to s. 938.344 unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under s. 938.344 (3).".

SB313-SA15,8,8 4. Page 6, line 9: after that line insert:

SB313-SA15,8,9 " Section 14g. 938.983 (5) of the statutes is amended to read:

SB313-SA15,8,15 938.983 (5) A county, town, village or city may adopt an ordinance regulating the conduct regulated by this section only if it strictly conforms to this section. An ordinance adopted under this subsection shall specify which of the dispositions available under sub. (2r) are available to the court. A county ordinance adopted under this section does not apply within any town, village or city that has adopted or adopts an ordinance under this subsection.".

SB313-SA15,8,16 5. Page 7, line 3: delete that line.

SB313-SA15,8,19 6. Page 7, line 4: delete "and (4)" and substitute "of age. The treatment of sections 778.25 (1) (a) 1. and 4., 938.17 (2) (c), (d) and (e), 938.34 (8), 938.344 (title), (2r) and (3) and 938.983 (1) (b), (2) (intro.), (2r), (2t), (2v), (3m), (4) and (5)".

SB313-SA15,8,20 (End)