AB686: Bill Text Engrossed

AB686-engrossed,9,24 118.15 (5) (a) 2. The court may require a person who is subject to subd. 1. to perform community service work for a public agency or a nonprofit charitable organization in lieu of the penalties specified under subd. 1. Any organization or agency to which a defendant is assigned pursuant to an order under this subdivision acting in good faith has immunity from any civil liability in excess of $25,000 for any act or omission by or impacting on the defendant.

AB686-engrossed, s. 9g Section 9g. 118.15 (5) (am) of the statutes is amended to read:

AB686-engrossed,10,3 118.15 (5) (am) The court may order any person who violates this section to participate in counseling at the person's own expense or to attend school with his or her child, or both.

AB686-engrossed, s. 10 Section 10. 118.15 (5) (b) of the statutes is renumbered 118.15 (5) (b) 1.

AB686-engrossed, s. 11 Section 11. 118.15 (5) (b) 2. of the statutes is created to read:

AB686-engrossed,10,9 118.15 (5) (b) 2. In a prosecution under par. (a), if the defendant proves that he or she is unable to comply with the law because of the disobedience of the child, the action shall be dismissed and the child shall be referred to the court assigned to exercise jurisdiction under ch. 48.

AB686-engrossed, s. 12 Section 12. 118.16 (1) (a) (intro.) and 1. of the statutes are consolidated, renumbered 118.16 (1) (a) and amended to read:

AB686-engrossed,10,15 118.16 (1) (a) "Habitual truant" means a pupil who is absent from school without an acceptable excuse under sub. (4) and s. 118.15 for either of the following: 1. Part part or all of 5 or more days out of 10 consecutive days on which school is held during a school semester.

AB686-engrossed, s. 13 Section 13. 118.16 (1) (a) 2. of the statutes is repealed.

AB686-engrossed, s. 14 Section 14. 118.16 (2) (cg) 1. of the statutes is amended to read:

AB686-engrossed,10,19 118.16 (2) (cg) 1. A statement of the parent's or guardian's responsibility, under s. 118.15 (1) (a) and (am), to cause the child to attend school regularly.

AB686-engrossed, s. 15 Section 15. 118.16 (2) (cg) 3. of the statutes is amended to read:

AB686-engrossed,11,3 118.16 (2) (cg) 3. A request that the parent or guardian meet with appropriate school personnel to discuss the child's truancy. The notice shall include the name of the school personnel with whom the parent or guardian should meet, a date, time and place for the meeting and the name, address and telephone number of a person to contact to arrange a different date, time or place. The date for the meeting shall be within 5 school days after the date that the notice is sent, except that with the consent of the child's parent or guardian the date for the meeting may be extended for an additional 5 school days.

AB686-engrossed, s. 16 Section 16. 118.16 (2) (cg) 4. of the statutes is amended to read:

AB686-engrossed,11,7 118.16 (2) (cg) 4. A statement of the penalties, under s. 118.15 (5), that may be imposed on the parent or guardian if he or she fails to cause the child to attend school regularly as required under s. 118.15 (1) (a) and (am).

AB686-engrossed, s. 17m Section 17m. 118.16 (5m) of the statutes is amended to read:

AB686-engrossed,11,13 118.16 (5m) Subsection (5) (a) does not apply if a meeting under sub. (2) (cg) 3. is not held within 10 school days after the date that the notice under sub. (2) (cg) is sent. Subsection (5) (b), (c) and (d) does not apply if the school attendance officer provides evidence that appropriate school personnel were unable to carry out the activity due to the child's absences from school.

AB686-engrossed, s. 19 Section 19. 118.16 (6) of the statutes is amended to read:

AB686-engrossed,11,21 118.16 (6) If the school attendance officer receives evidence that activities under sub. (5) have been completed or were not required to be completed due to the child's absence from school as provided in sub. (5m), the school attendance officer may file information on any child who continues to be truant with the court assigned to exercise jurisdiction under chs. 48 and 938 in accordance with s. 938.24. Filing information on a child under this subsection does not preclude concurrent prosecution of the child's parent or guardian under s. 118.15 (5).

AB686-engrossed, s. 20 Section 20. 118.162 (1) (intro.) of the statutes is amended to read:

AB686-engrossed,12,6 118.162 (1) (intro.) On July 1, 1988 At least once every 4 years, in each county, the superintendent school district administrator of the school district which contains the county seat designated under s. 59.05, or his or her designee, shall convene a committee under this section. At its first meeting, the committee shall elect a chairperson, vice chairperson and secretary. Not later than February 1, 1989, the committee shall to review and make recommendations to the school boards of all of the school districts in the county on the items to be included in revisions to the school districts' truancy plans under sub. (4) (4m). The committee shall consist of the following members:

AB686-engrossed, s. 21 Section 21. 118.162 (2) (intro.) and (a) of the statutes are repealed.

AB686-engrossed, s. 22 Section 22. 118.162 (2) (b) of the statutes is renumbered 118.162 (2) and amended to read:

AB686-engrossed,12,12 118.162 (2) The district attorney representative on the committee shall participate in reviewing and developing any recommendations regarding revisions to the portions of the plan school districts' plans under sub. (4) (e).

AB686-engrossed, s. 23 Section 23. 118.162 (3) (intro.), (a) and (b) of the statutes are consolidated, renumbered 118.162 (3) and amended to read:

AB686-engrossed,12,22 118.162 (3) The committee shall write a report to accompany the recommendations under sub. (1). The report shall include all of the following: (a) A a description of the factors that contribute to truancy in the county. (b) Identification and a description of any state statutes, municipal ordinances or school or, social services, law enforcement, district attorney, court or other policies that contribute to or inhibit the response to truancy in the county. A copy of the report shall be submitted to each of the entities identified in sub. (1) (b) to (h) and any other entity designating members on the committee under sub. (1) (i).

AB686-engrossed, s. 24 Section 24. 118.162 (3) (c) of the statutes is repealed.

AB686-engrossed, s. 25 Section 25. 118.162 (4m) of the statutes is created to read:

AB686-engrossed,13,2 118.162 (4m) At least once every 2 years, each school board shall review and, if appropriate, revise the truancy plan adopted by the school board under sub. (4).

AB686-engrossed, s. 26 Section 26. 118.162 (5) of the statutes is repealed.

AB686-engrossed, s. 27 Section 27. 118.163 (1) (b) of the statutes is repealed and recreated to read:

AB686-engrossed,13,5 118.163 (1) (b) "Habitual truant" has the meaning given in s. 118.16 (1) (a).

AB686-engrossed, s. 28 Section 28. 118.163 (1) (c) of the statutes is created to read:

AB686-engrossed,13,7 118.163 (1) (c) "Operating privilege" has the meaning given in s. 340.01 (40).

AB686-engrossed, s. 29 Section 29. 118.163 (1) (d) of the statutes is created to read:

AB686-engrossed,13,11 118.163 (1) (d) "Truant" means a pupil who is absent from school without an acceptable excuse under ss. 118.15 and 118.16 (4) for part or all of any day on which school is held, including a summer session.

AB686-engrossed, s. 30 Section 30. 118.163 (1m) of the statutes is created to read:

AB686-engrossed,13,15 118.163 (1m) A county, city, village or town may enact an ordinance prohibiting a person under 18 years of age from being a truant. The ordinance shall provide which of the following dispositions are available to the court:

AB686-engrossed,13,16 (a) An order for the person to attend school.

AB686-engrossed,13,21 (b) A forfeiture of not more than $50 plus costs for a first violation, or a forfeiture of not more than $100 plus costs for any 2nd or subsequent violation committed within 12 months of a previous violation, subject to s. 938.37. All or part of the forfeiture plus costs may be assessed against the person, the parents or guardian of the person, or both.

AB686-engrossed, s. 31 Section 31. 118.163 (2) (a) of the statutes is amended to read:

AB686-engrossed,14,2 118.163 (2) (a) Suspension of the person's operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than 90 days one year. The court shall immediately take possession of any suspended license and forward it to the department of transportation together with a notice stating the reason for and the duration of the suspension.

AB686-engrossed, s. 32 Section 32. 118.163 (2) (b) of the statutes, is amended to read:

AB686-engrossed,14,13 118.163 (2) (b) An order for the person to participate in counseling or a supervised work program or other community service work under as described in s. 938.34 (5g). The costs of any such counseling, supervised work program or other community service work may be assessed against the person, the parents or guardian of the person, or both. Any county department of human services or social services, community agency, public agency or nonprofit charitable organization administering a supervised work program or other community service work to which a person is assigned pursuant to an order under this paragraph acting in good faith has immunity from any civil liability in excess of $25,000 for any act or omission by or impacting on that person.

AB686-engrossed, s. 33 Section 33. 118.163 (2) (d) of the statutes is amended to read:

AB686-engrossed,14,16 118.163 (2) (d) An order for the person to attend an educational program under as described in s. 938.34 (7d).

AB686-engrossed, s. 34 Section 34. 118.163 (2) (f) of the statutes, is amended to read:

AB686-engrossed,14,19 118.163 (2) (f) An order for the person to be placed in a teen court program as described in s. 938.342 (1) (1g) (f).

AB686-engrossed, s. 35 Section 35. 118.163 (2) (g) to (k) of the statutes are created to read:

AB686-engrossed,14,21 118.163 (2) (g) An order for the person to attend school.

AB686-engrossed,14,24 (h) A forfeiture of not more than $500 plus costs, subject to s. 938.37. All or part of the forfeiture plus costs may be assessed against the person, the parents or guardian of the person, or both.

AB686-engrossed,15,3 (i) Any other reasonable conditions consistent with this subsection, including a curfew, restrictions as to going to or remaining on specified premises and restrictions on associating with other children or adults.

AB686-engrossed,15,5 (j) An order placing the person under formal or informal supervision, as described in s. 938.34 (2), for up to one year.

AB686-engrossed,15,8 (k) An order for the person's parent, guardian or legal custodian to participate in counseling at the parent's, guardian's or legal custodian's own expense or to attend school with the person, or both.

AB686-engrossed, s. 36 Section 36. 118.163 (2m) of the statutes is renumbered 118.163 (2m) (a) and amended to read:

AB686-engrossed,15,18 118.163 (2m) (a) A county, city, village or town may enact an ordinance permitting a court to suspend the operating privilege, as defined in s. 340.01 (40), of a person who is at least 16 years of age but less than 18 years of age and is a dropout. The ordinance shall provide that the court may suspend the person's operating privilege, as defined in s. 340.01 (40), until the person reaches the age of 18. The court shall immediately take possession of any suspended license and forward it to the department of transportation together with a notice stating the reason for and the duration of the suspension.

AB686-engrossed, s. 37 Section 37. 118.163 (2m) (b) of the statutes is created to read:

AB686-engrossed,15,24 118.163 (2m) (b) A court may order a school district to provide to the court a list of all persons who are known to the school district to be dropouts and who reside within the county in which the circuit court is located or the municipality in which the municipal court is located. Upon request, the department of transportation shall assist the court to determine which dropouts have operating privileges.

AB686-engrossed, s. 38 Section 38. 118.163 (3) of the statutes is repealed and recreated to read:

AB686-engrossed,16,4 118.163 (3) An ordinance enacted by a county under sub. (1m), (2) or (2m) is applicable and may be enforced in that part of any city or village located in the county and in any town located in the county regardless of whether the city, village or town has enacted an ordinance under sub. (1m), (2) or (2m).

AB686-engrossed, s. 39 Section 39. 118.163 (4) of the statutes is created to read:

AB686-engrossed,16,7 118.163 (4) A person who is under 17 years of age on the date of disposition is subject to s. 938.342.

AB686-engrossed, s. 40 Section 40. 895.035 (2m) (b) of the statutes, as affected by 1997 Wisconsin Acts 27 and 35, is amended to read:

AB686-engrossed,16,23 895.035 (2m) (b) If a juvenile fails to pay a forfeiture or, surcharge or costs as ordered by a court assigned to exercise jurisdiction under chs. 48 and 938 or a forfeiture as ordered by a municipal court or if it appears likely that the juvenile will not pay the forfeiture or, surcharge or costs as ordered, the representative of the public interest under s. 938.09, the agency, as defined in s. 938.38 (1) (a), supervising the juvenile or the law enforcement agency that issued the citation to the juvenile may petition the court assigned to exercise jurisdiction under chs. 48 and 938 to order that the amount of the forfeiture or, surcharge or costs unpaid by the juvenile be entered and docketed as a judgment against the juvenile and the parent with custody of the juvenile and in favor of the county or appropriate municipality. A petition under this paragraph may be filed after the expiration of the dispositional order or sentence under which the forfeiture or, surcharge is or costs are payable, but no later than one year after the expiration of the dispositional order or sentence or any extension of the dispositional order or sentence.

AB686-engrossed, s. 41 Section 41. 938.125 (2) of the statutes, as affected by 1997 Wisconsin Act 35, is amended to read:

AB686-engrossed,17,5 938.125 (2) That the court has exclusive jurisdiction over any juvenile alleged to have violated an ordinance enacted under s. 118.163 (2) only if evidence is provided by the school attendance officer that the activities under s. 118.16 (5) have been completed or were not required to be completed due to the juvenile's absence from school as provided in s. 118.16 (5m).

AB686-engrossed, s. 42 Section 42. 938.13 (6) of the statutes, as affected by 1997 Wisconsin Act 35, is amended to read:

AB686-engrossed,17,11 938.13 (6) Who is habitually truant from school, if evidence is provided by the school attendance officer that the activities under s. 118.16 (5) have been completed or were not required to be completed due to the juvenile's absence from school as provided in s. 118.16 (5m), except as provided under s. 938.17 (2).

AB686-engrossed, s. 43 Section 43. 938.17 (2) (a) 1. of the statutes is amended to read:

AB686-engrossed,17,23 938.17 (2) (a) 1. Except as provided in sub. (1), municipal courts have concurrent jurisdiction with the court assigned to exercise jurisdiction under this chapter and ch. 48 in proceedings against juveniles aged 12 or older for violations of county, town or other municipal ordinances. If evidence is provided by the school attendance officer that the activities under s. 118.16 (5) have been completed or were not required to be completed due to the juvenile's absence from school as provided in s. 118.16 (5m), the municipal court specified in subd. 2. may exercise jurisdiction in proceedings against a juvenile for a violation of an ordinance enacted under s. 118.163 (2) regardless of the juvenile's age and regardless of whether the court assigned to exercise jurisdiction under this chapter and ch. 48 has jurisdiction under s. 938.13 (6).

AB686-engrossed, s. 43d Section 43d. 938.17 (2) (g) of the statutes is amended to read:

AB686-engrossed,18,9 938.17 (2) (g) If the municipal court finds that a juvenile violated a municipal ordinance enacted under s. 118.163 (1m), it shall enter a dispositional order under s. 938.342 (1d). If a municipal court finds that a juvenile violated a municipal ordinance enacted under s. 118.163 (2), it shall enter a dispositional order under s. 938.342 (1) (1g), and may enter a dispositional order under s. 938.342 (1m) (a), that is consistent with the municipal ordinance. If a municipal court finds that a juvenile violated a municipal ordinance enacted under s. 118.163 (2m), it shall enter a dispositional order under s. 938.342 (2) that is consistent with the municipal ordinance.

AB686-engrossed, s. 45 Section 45. 938.17 (2) (h) 1. of the statutes is amended to read:

AB686-engrossed,18,24 938.17 (2) (h) 1. If a juvenile who has violated a municipal ordinance, other than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition of his or her dispositional order, the municipal court may impose on the juvenile any of the sanctions specified in s. 938.355 (6) (d) 2. to 4. that are authorized under par. (cm) except for monitoring by an electronic monitoring system or may petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the juvenile the sanction specified in s. 938.355 (6) (d) 1. or home detention with monitoring by an electronic monitoring system as specified in s. 938.355 (6) (d) 3., if authorized under par. (cm), if at the time of judgment the court explained the conditions to the juvenile and informed the juvenile of the possible sanctions under s. 938.355 (6) (d) that are authorized under par. (cm) for a violation or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions.

AB686-engrossed, s. 46 Section 46. 938.17 (2) (i) of the statutes is created to read:

AB686-engrossed,19,8 938.17 (2) (i) 1. If a juvenile who has violated a municipal ordinance enacted under s. 118.163 (1m) violates a condition of his or her dispositional order, the municipal court may impose on the juvenile any of the sanctions specified in s. 938.355 (6m) (ag), if at the time of judgment the court explained those conditions to the juvenile and informed the juvenile of those possible sanctions or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions.

AB686-engrossed,19,20 2m. If a juvenile who has violated a municipal ordinance enacted under s. 118.163 (2) violates a condition of his or her dispositional order, the municipal court may impose on the juvenile any of the sanctions specified in s. 938.355 (6m) (a) that are authorized under par. (cm) except for the sanction specified in s. 938.355 (6m) (a) 1. or may petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the juvenile the sanction specified in s. 938.355 (6m) (a) 1., if authorized under par. (cm), if at the time of judgment the court explained the conditions to the juvenile and informed the juvenile of the possible sanctions under s. 938.355 (6m) (a) that are authorized under par. (cm) for a violation or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions.

AB686-engrossed,20,2 3. A motion requesting the municipal court to impose or petition for a sanction may be brought by the person or agency primarily responsible for the provision of dispositional services, the administrator of the school district in which the juvenile is enrolled or resides, the municipal attorney or the court that entered the dispositional order. If the court initiates the motion, that court is disqualified from holding a hearing on the motion. Notice of the motion shall be given to the juvenile and the juvenile's parent, guardian or legal custodian.

AB686-engrossed,20,4 4. Before imposing any sanction, the court shall hold a hearing, at which the juvenile may present evidence.

AB686-engrossed,20,9 4m. If the court assigned to exercise jurisdiction under this chapter and ch. 48 imposes the sanction specified in s. 938.355 (6m) (a) 1., on a petition described in subd. 2m., that court shall order the municipality of the municipal court that filed the petition to pay to the county the cost of providing the sanction imposed under s. 938.355 (6m) (a) 1.

AB686-engrossed, s. 46g Section 46g. 938.245 (2v) of the statutes is created to read:

AB686-engrossed,20,14 938.245 (2v) If the deferred prosecution agreement is based on an allegation that the juvenile has violated a municipal ordinance enacted under s. 118.163 (2), the deferred prosecution agreement may require that the juvenile's parent, guardian or legal custodian attend school with the juvenile.

AB686-engrossed, s. 46k Section 46k. 938.245 (5) of the statutes is amended to read:

AB686-engrossed,20,19 938.245 (5) A deferred prosecution agreement under sub. (2) (a) 1. to 8., (2g) or (2v). may be terminated upon the request of the juvenile, parent, guardian or legal custodian. A deferred prosecution agreement under sub. (2) (a) 9. may be terminated by the court upon the request of the juvenile, parent, guardian or legal custodian.

AB686-engrossed, s. 47 Section 47. 938.275 (1) (c) of the statutes is amended to read:

AB686-engrossed,21,2 938.275 (1) (c) If the court imposes a sanction on a juvenile as specified in s. 938.355 (6) (d) or (6m) (a) or (ag) or finds the juvenile in contempt under s. 938.355 (6g) (b) and orders a disposition under s. 938.34 or if the juvenile is placed in a secure detention facility or place of nonsecure custody under s. 938.355 (6d) or 938.534 (1), the court shall order the parents of the juvenile to contribute toward the cost of the sanction, disposition or placement the proportion of the total amount which the court finds the parents are able to pay.

AB686-engrossed, s. 47m Section 47m. 938.32 (1) (a) of the statutes is amended to read:

AB686-engrossed,21,15 938.32 (1) (a) At any time after the filing of a petition for a proceeding relating to s. 938.12 or 938.13 and before the entry of judgment, the judge or juvenile court commissioner may suspend the proceedings and place the juvenile under supervision in the juvenile's own home or present placement or in a youth village program as described in s. 118.42. The court may establish terms and conditions applicable to the parent, guardian or legal custodian, and to the juvenile, including any of the conditions specified in subs. (1d), (1g), (1m), (1t), (1v) and (1x). The order under this section shall be known as a consent decree and must be agreed to by the juvenile; the parent, guardian or legal custodian; and the person filing the petition under s. 938.25. If the consent decree includes any conditions specified in sub. (1g), the consent decree shall include provisions for payment of the services as specified in s. 938.361. The consent decree shall be reduced to writing and given to the parties.

AB686-engrossed, s. 47p Section 47p. 938.32 (1v) of the statutes is created to read: