LRB-1309/1
JEO:kaf:kat
1997 - 1998 LEGISLATURE
January 15, 1998 - Introduced by Representatives Kelso, Murat, Huebsch,
Dobyns, Jensen, Ladwig, M. Lehman, Ott, Owens, Porter, Underheim and
Ryba, cosponsored by Senators Fitzgerald and Darling. Referred to
Committee on Children and Families.
AB712,1,3
1An Act to create 946.475 of the statutes;
relating to: harboring or aiding
2juveniles who have run away or failed to appear in court and providing a
3penalty.
Analysis by the Legislative Reference Bureau
Under current law, a person who harbors or aids a felon with the intent to
prevent the apprehension of the felon is guilty of a Class E felony. Current law also
provides that a person is guilty of absconding if, before the person reached the age
of 17, he or she was adjudicated delinquent as a juvenile and then intentionally failed
to appear for his or her dispositional hearing before the court assigned to exercise
jurisdiction under the children's code or juvenile justice code (juvenile court) and did
not return to juvenile court before turning 17. The penalty for absconding is the same
penalty that is provided for the criminal act on the basis of which the person was
adjudicated delinquent (for example, if a person who absconds was adjudicated
delinquent for an act that would be a Class B felony if committed by an adult, he or
she would be guilty of a Class B felony for absconding). Finally, current law also
prohibits a person from intentionally encouraging or contributing to an act of a
juvenile that, if committed by an adult, would be a crime. A person who violates this
prohibition is guilty of a Class A misdemeanor, except as follows: 1) if the act of the
juvenile is an act that would be a felony if committed by an adult, the person is guilty
of a Class D felony; and 2) if the act of the juvenile results in death, the person is
guilty of a Class C felony.
This bill prohibits a person from knowingly harboring or aiding a juvenile (a
person under the age of 18) after the juvenile does any of the following: 1) runs away
from his or her parents, guardian or legal or physical custodian; 2) intentionally fails
to appear before a juvenile court for a juvenile court proceeding; or 3) escapes from
a juvenile correctional facility, secure detention facility or other type of custody. A
person who violates the prohibition created by the bill is guilty of a Class A
misdemeanor.
The bill exempts all of the following from the prohibition on harboring or aiding
a juvenile who runs away from his or her parents, guardian or legal or physical
custodian: 1) a parent or grandparent of a runaway juvenile; 2) a foster home or
treatment foster home authorized to provide services to runaways (a runaway
home); 3) a relative other than a parent or grandparent who harbors a runaway if,
within 48 hours after the juvenile joins him or her, the relative either notifies the
juvenile's parents, guardian or legal custodian that the juvenile is with him or her
or requests a runaway home, a child welfare agency or a law enforcement agency to
notify the juvenile's parents, guardian or legal custodian that the juvenile is with him
or her; 4) any other person who harbors a runaway juvenile if, within 24 hours after
the juvenile joins him or her, the person either notifies the juvenile's parents,
guardian or legal custodian that the juvenile is with him or her or requests a
runaway home, a child welfare agency or a law enforcement agency to notify the
juvenile's parents, guardian or legal custodian that the juvenile is with him or her;
and 5) a church.
The penalties for the crime classifications mentioned above are as follows:
-
See PDF for table 
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB712, s. 1
1Section
1. 946.475 of the statutes is created to read:
AB712,2,3
2946.475 Harboring juvenile who has absconded, escaped or run away. 3(1) In this section:
AB712,2,54
(a) "Court" means the court assigned to exercise jurisdiction under ch. 48 or
5938.
AB712,2,66
(b) "Custody" has the meaning given in s. 946.42 (1) (a).
AB712,2,77
(c) "Escape" has the meaning given in s. 946.42 (1) (b).
AB712,3,2
1(d) "Guardian" means the person named by a court to have the duty and
2authority of guardianship of a juvenile.
AB712,3,33
(e) "Juvenile" means a person who has not attained 18 years of age.
AB712,3,64
(f) "Legal custodian" means a person, other than a parent or guardian, or an
5agency to whom legal custody of a juvenile has been transferred by a court, but does
6not include a person who has only physical custody of the juvenile.
AB712,3,127
(g) "Legal custody" means a legal status created by the order of a court, which
8confers the right and duty to protect, train and discipline a juvenile, and to provide
9food, shelter, legal services, education and ordinary medical and dental care, subject
10to the rights, duties and responsibilities of the guardian of the juvenile and subject
11to any residual parental rights and responsibilities and the provisions of any court
12order.
AB712,3,1813
(h) "Parent" means either a biological parent, a husband who has consented to
14the artificial insemination of his wife under s. 891.40, or a parent by adoption. If the
15juvenile is a nonmarital child who is not adopted or whose parents do not
16subsequently intermarry under s. 767.60, "parent" includes a person adjudged in a
17judicial proceeding to be the biological father. "Parent" does not include any person
18whose parental rights have been terminated.
AB712,3,2019
(i) "Physical custody" means actual custody of the person in the absence of an
20order of a court granting legal custody to the physical custodian.
AB712,3,2121
(j) "Relative" has the meaning given in s. 48.02 (15).
AB712,3,23
22(2) Whoever knowingly harbors or aids a juvenile after the juvenile does any
23of the following is guilty of a Class A misdemeanor:
AB712,3,2524
(a) The juvenile runs away from his or her parents, guardian, legal custodian
25or person who has physical custody of the juvenile.
AB712,4,2
1(b) The juvenile intentionally fails to appear before a court for a hearing in any
2proceeding under ch. 48 or 938.
AB712,4,33
(c) The juvenile escapes from custody.
AB712,4,4
4(3) Subsection (2) (a) does not apply to any of the following:
AB712,4,65
(a) A home licensed under s. 48.48 or 48.75 that is providing housing or services
6to a juvenile as provided in s. 48.227.
AB712,4,77
(b) A parent or grandparent of a juvenile.
AB712,4,98
(c) A person who, within 24 hours after the time that the juvenile joins the
9person, does any of the following:
AB712,4,1110
1. Notifies a parent, guardian or legal custodian of a runaway juvenile that the
11juvenile is with the person.
AB712,4,1312
2. Requests any of the following to notify a parent, guardian or legal custodian
13of a runaway juvenile that the juvenile is with the person:
AB712,4,1414
a. A child welfare agency licensed under s. 48.60.
AB712,4,1615
b. A home licensed under s. 48.48 or 48.75 that provides housing and services
16to juveniles under s. 48.227.
AB712,4,1717
c. A law enforcement agency.
AB712,4,1918
(d) A relative other than a relative specified in par. (b) who, within 48 hours
19after the time that the juvenile joins the relative, does any of the following:
AB712,4,2120
1. Notifies a parent, guardian or legal custodian of a runaway juvenile that the
21juvenile is with the relative.
AB712,4,2322
2. Requests any of the following to notify a parent, guardian or legal custodian
23of a runaway juvenile that the juvenile is with the relative:
AB712,4,2424
a. A child welfare agency licensed under s. 48.60.
AB712,5,2
1b. A home licensed under s. 48.48 or 48.75 that provides housing and services
2to juveniles under s. 48.227.
AB712,5,33
c. A law enforcement agency.
