Amendment SA15-SB313

SB313-SA15,1,7 " Section 8g. 778.25 (1) (a) 1. of the statutes is amended to read:

SB313-SA15,1,11 778.25 (1) (a) 1. Under s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 938.983, 961.573 (2), 961.574 (2) or 961.575 (2) or under a local ordinance strictly conforming to one of those statutes brought against an adult in circuit court or against a minor in the court assigned to exercise jurisdiction under chs. 48 and 938.

SB313-SA15, s. 8h Section 8h. 778.25 (1) (a) 4. of the statutes is repealed.

SB313-SA15, s. 8k Section 8k. 938.17 (2) (c) of the statutes is amended to read:

SB313-SA15,2,13 938.17 (2) (c) The citation procedures described in ch. 800 shall govern proceedings involving juveniles in municipal court, except that this chapter shall govern the taking and holding of a juvenile in custody and par. (cg) shall govern the issuing of a summons to the juvenile's parent, guardian or legal custodian. When a juvenile is before the court assigned to exercise jurisdiction under this chapter and ch. 48 upon a citation alleging the juvenile to have violated a civil law or municipal ordinance, the procedures specified in s. 938.237 shall apply. If a citation is issued to a juvenile, the issuing agency shall notify the juvenile's parent, guardian and legal custodian within 7 days. The agency issuing a citation to a juvenile who is 12 to 15 years of age for a violation of s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 938.983, 961.573 (2), 961.574 (2) or 961.575 (2) or an ordinance conforming to one of those statutes shall send a copy to an intake worker under s. 938.24 for informational purposes only.

SB313-SA15, s. 8L Section 8L. 938.17 (2) (d) of the statutes is amended to read:

SB313-SA15,3,4 938.17 (2) (d) If a municipal court finds that the juvenile violated a municipal ordinance other than an ordinance enacted under s. 118.163 or an ordinance that conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 938.983, 961.573 (2), 961.574 (2) or 961.575 (2), the court shall enter any of the dispositional orders permitted under s. 938.343 that are authorized under par. (cm). If a juvenile fails to pay the forfeiture imposed by the municipal court, the court may not impose a jail sentence but may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than 5 years. If a court suspends a license or privilege under this section, the court shall immediately take possession of the applicable 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 shall thereupon return the license to the person.

SB313-SA15, s. 8m Section 8m. 938.17 (2) (e) of the statutes is amended to read:

SB313-SA15,3,9 938.17 (2) (e) If a municipal court finds that a juvenile violated a municipal ordinance that conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 938.983, 961.573 (2), 961.574 (2) or 961.575 (2), the court shall enter a dispositional order under s. 938.344 that is authorized under par. (cm).

SB313-SA15, s. 8p Section 8p. 938.34 (8) of the statutes is amended to read:

SB313-SA15,4,4 938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that this disposition is in the best interest of the juvenile and in aid of rehabilitation. The maximum forfeiture that the court may impose under this subsection for a violation by a juvenile is the maximum amount of the fine that may be imposed on an adult for committing that violation or, if the violation is applicable only to a person under 18 years of age, $100 $250. Any such order shall include a finding that the juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months for payment. If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order other alternatives under this section, in accordance with the conditions specified in this subchapter; or the court may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's operating privilege as defined in s. 340.01 (40) for not less than 30 days nor more than 5 years. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license and forward it to the department which issued the license, together with a 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 suspension shall be reduced to the time period which has already elapsed and the court shall immediately notify the department which shall then return the license to the juvenile.

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

SB313-SA15,4,7 938.344 (title) Disposition; certain intoxicating liquor, beer, tobacco and drug violations.

SB313-SA15, s. 8r Section 8r. 938.344 (2r) of the statutes is created to read:

SB313-SA15,4,11 938.344 (2r) If a court finds that a juvenile has committed a violation of s. 938.983 (2) or a local ordinance enacted under s. 938.983 (5), the court shall order one or any combination of the following dispositions:

SB313-SA15,4,12 (a) Counseling by the court of the juvenile and his or her parent or guardian.

SB313-SA15,4,22 (b) A forfeiture not to exceed $250. Any such order shall include a finding that the juvenile alone is financially able to pay and shall allow up to 12 months for the payment. If a juvenile 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 juvenile.

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)