AB443,74,107 b. Issued The juvenile may be issued a citation directing the juvenile to appear
8in the court assigned to exercise jurisdiction under this chapter and ch. 48 or make
9a deposit or stipulation and deposit in lieu of appearance as provided in s. 938.237;
10or
.
AB443,74,1311 c. Referred The juvenile may be referred to intake for a determination whether
12a petition should be filed in the court assigned to exercise jurisdiction under this
13chapter and ch. 48 pursuant to under s. 938.125.
AB443, s. 142 14Section 142. 938.17 (2) (b) to (cm) of the statutes are amended to read:
AB443,74,1915 938.17 (2) (b) Juvenile court jurisdiction; civil law and ordinance violations.
16When a juvenile 12 years of age or older is alleged to have violated a civil law
17punishable by a forfeiture or where a juvenile is alleged to have violated a municipal
18ordinance but there is no municipal court in the municipality, the juvenile one of the
19following
may be occur:
AB443,74,2320 1. Issued The juvenile may be issued a citation directing the juvenile to appear
21in the court assigned to exercise jurisdiction under this chapter and ch. 48 or make
22a deposit or stipulation and deposit in lieu of appearance as provided in s. 938.237;
23or
.
AB443,75,3
12. Referred The juvenile may be referred to intake for a determination whether
2a petition under s. 938.125 should be filed in the court assigned to exercise
3jurisdiction under this chapter and ch. 48 pursuant to s. 938.125.
AB443,75,164 (c) Citation procedures. The citation procedures described in ch. 800 shall
5govern proceedings involving juveniles in municipal court, except that this chapter
6shall govern governs the taking and holding of a juvenile in custody and par. (cg) shall
7govern
governs the issuing of a summons to the juvenile's parent, guardian, or legal
8custodian. When a juvenile is before the court assigned to exercise jurisdiction under
9this chapter and ch. 48 upon a citation alleging that the juvenile to have violated a
10civil law or municipal ordinance, the procedures specified in s. 938.237 shall apply.
11If a citation is issued to a juvenile, the issuing agency shall notify the juvenile's
12parent, guardian, and legal custodian within 7 days. The agency issuing a citation
13to a juvenile who is 12 to 15 years of age for a violation of s. 125.07 (4) (a) or (b),
14125.085 (3) (b), 125.09 (2), 961.573 (2), 961.574 (2), or 961.575 (2) or an ordinance
15conforming to one of those statutes shall send a copy to an intake worker under s.
16938.24 for informational purposes only.
AB443,76,517 (cg) Summons procedures. After a citation is issued, unless the juvenile and
18his or her parent, guardian, and legal custodian voluntarily appear, the municipal
19court may issue a summons requiring the parent, guardian and, or legal custodian
20of the juvenile to appear personally at any hearing involving the juvenile and, if the
21court so orders, to bring the juvenile before the court at a time and place stated.
22Section 938.273 shall govern governs the service of a summons under this
23paragraph, except that the expense of service or publication of a summons and of the
24travelling expenses and fees as allowed in ch. 885 of a person summoned allowed in
25ch. 885
shall be a charge on the municipality of the court issuing the summons when

1approved by the court. If any person summoned under this paragraph fails without
2reasonable cause to appear, he or she may be proceeded against for contempt of court
3under s. 785.06. If a summons cannot be served or if the person served fails to obey
4the summons or if it appears to the court that the service will be ineffectual, a capias
5may be issued for the juvenile and for the parent, guardian and, or legal custodian.
AB443,76,126 (cm) Authorization for dispositions and sanctions. A city, village, or town may
7adopt an ordinance or bylaw specifying which of the dispositions under ss. 938.343
8and 938.344 and sanctions under s. 938.355 (6) (d) and (6m) the municipal court of
9that city, village, or town is authorized to impose or to petition the court assigned to
10exercise jurisdiction under this chapter and ch. 48 to impose. The use by the court
11of those dispositions and sanctions is subject to any ordinance or bylaw adopted
12under this paragraph.
AB443, s. 143 13Section 143. 938.17 (2) (d) (title) of the statutes is created to read:
AB443,76,1414 938.17 (2) (d) (title) Disposition; ordinance violations generally.
AB443, s. 144 15Section 144. 938.17 (2) (d) of the statutes is renumbered 938.17 (2) (d) 1. and
16amended to read:
AB443,76,2517 938.17 (2) (d) 1. If a municipal court finds that the juvenile violated a municipal
18ordinance other than an ordinance enacted under s. 118.163 or an ordinance that
19conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 961.573 (2), 961.574 (2),
20or 961.575 (2), the court shall enter any of the dispositional orders permitted under
21s. 938.343 that are authorized under par. (cm). If a juvenile fails to pay the forfeiture
22imposed by the municipal court, the court may not impose a jail sentence but may
23suspend any license issued under ch. 29 for not less than 30 days nor more than 5
24years, or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for
25not more than 2 years.
AB443,77,6
12. If a court suspends a license or privilege under this section subd. 1., the court
2shall immediately take possession of the applicable license and forward it to the
3department that issued the license, together with the notice of suspension clearly
4stating that the suspension is for failure to pay a forfeiture imposed by the court. If
5the forfeiture is paid during the period of suspension, the court shall immediately
6notify the department, which shall thereupon then return the license to the person.
AB443, s. 145 7Section 145. 938.17 (2) (e) (title), (f) (title) and (g) (title) of the statutes are
8created to read:
AB443,77,99 938.17 (2) (e) (title) Disposition; alcohol and drug ordinance violations.
AB443,77,1010 (f) (title) Notice to victims.
AB443,77,1111 (g) (title) Disposition; truancy or school dropout ordinance violations.
AB443, s. 146 12Section 146. 938.17 (2) (h) (title) of the statutes is created to read:
AB443,77,1313 938.17 (2) (h) (title) Sanctions; dispositional order violations generally.
AB443, s. 147 14Section 147. 938.17 (2) (h) 1. and 2. of the statutes are amended to read:
AB443,78,415 938.17 (2) (h) 1. If a juvenile who has violated a municipal ordinance, other
16than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition of his or
17her dispositional order, the municipal court may impose on the juvenile any of the
18sanctions specified in s. 938.355 (6) (d) 2. to 5. that are authorized under par. (cm)
19except for monitoring by an electronic monitoring system or . The municipal court
20may also petition the court assigned to exercise jurisdiction under this chapter and
21ch. 48 to impose on the juvenile the sanction specified in s. 938.355 (6) (d) 1. or home
22detention with monitoring by an electronic monitoring system as specified in s.
23938.355 (6) (d) 3., if authorized under par. (cm),. A sanction may be imposed under
24this subdivision only
if at the time of judgment the court explained the conditions to
25the juvenile and informed the juvenile of the possible sanctions under s. 938.355 (6)

1(d) that are authorized under par. (cm) for a violation or if before the violation the
2juvenile has acknowledged in writing that he or she has read, or has had read to him
3or her, those conditions and possible sanctions and that he or she understands those
4conditions and possible sanctions.
AB443,78,105 2. A motion requesting the municipal court to impose or petition for a sanction
6may be brought by the person or agency primarily responsible for the provision of
7dispositional services, the municipal attorney, or the court that entered the
8dispositional order. If the court initiates the motion, that court is disqualified from
9holding
may not hold a hearing on the motion. Notice of the motion shall be given
10to the juvenile and the juvenile's parent, guardian, or legal custodian.
AB443, s. 148 11Section 148. 938.17 (2) (i) (title) of the statutes is created to read:
AB443,78,1312 938.17 (2) (i) (title) Sanctions; truancy or school dropout dispositional order
13violations.
AB443, s. 149 14Section 149. 938.17 (2) (i) 1., 2m. and 3g. of the statutes are amended to read:
AB443,78,2315 938.17 (2) (i) 1. If a juvenile who has violated a municipal ordinance enacted
16under s. 118.163 (1m) violates a condition of his or her dispositional order, the
17municipal court may impose on the juvenile any of the sanctions specified in s.
18938.355 (6m) (ag),. A sanction may be imposed under this subdivision only if at the
19time of judgment the court explained the conditions to the juvenile and informed the
20juvenile of those possible sanctions or if before the violation the juvenile has
21acknowledged in writing that he or she has read, or has had read to him or her, those
22conditions and possible sanctions and that he or she understands those conditions
23and possible sanctions.
AB443,79,1124 2m. If a juvenile who has violated a municipal ordinance enacted under s.
25118.163 (2) violates a condition of his or her dispositional order, the municipal court

1may impose on the juvenile any of the sanctions specified in s. 938.355 (6m) (a) that
2are authorized under par. (cm) except for the sanction specified in s. 938.355 (6m) (a)
31g. or The municipal court may also petition the court assigned to exercise
4jurisdiction under this chapter and ch. 48 to impose on the juvenile the sanction
5specified in s. 938.355 (6m) (a) 1g., if authorized under par. (cm) ,. A sanction may
6be imposed under this subdivision only
if at the time of judgment the court explained
7the conditions to the juvenile and informed the juvenile of the possible sanctions
8under s. 938.355 (6m) (a) that are authorized under par. (cm) for a violation or if
9before the violation the juvenile has acknowledged in writing that he or she has read,
10or has had read to him or her, those conditions and possible sanctions and that he or
11she understands those conditions and possible sanctions.
AB443,79,1712 3g. A motion requesting the municipal court to impose or petition for a sanction
13may be brought by the person or agency primarily responsible for the provision of
14dispositional services, the municipal attorney, or the court that entered the
15dispositional order. If the court initiates the motion, that court is disqualified from
16holding
may not hold a hearing on the motion. Notice of the motion shall be given
17to the juvenile and the juvenile's parent, guardian, or legal custodian.
AB443, s. 150 18Section 150. 938.18 (1) (a) of the statutes is renumbered 938.18 (1) and
19amended to read:
AB443,79,2320 938.18 (1) Waiver of juvenile court jurisdiction; conditions for. Subject to
21s. 938.183, a juvenile or district attorney may apply to petition requesting the court
22to waive its jurisdiction under this chapter in may be filed if the juvenile meets any
23of the following situations conditions:
AB443,80,3
1(a) If the The juvenile is alleged to have violated s. 940.03, 940.06, 940.225 (1)
2or (2), 940.305, 940.31, 943.10 (2), 943.32 (2), or 961.41 (1) on or after the juvenile's
314th birthday.
AB443,80,74 (b) If the The juvenile is alleged to have committed, on or after the juvenile's
514th birthday,
a violation, on or after the juvenile's 14th birthday at the request of
6or for the benefit of a criminal gang, as defined in s. 939.22 (9), that would constitute
7a felony under chs. 939 to 948 or 961 if committed by an adult.
AB443,80,98 (c) If the The juvenile is alleged to have violated any state criminal law on or
9after the juvenile's 15th birthday.
AB443, s. 151 10Section 151. 938.18 (1) (b) of the statutes is repealed.
AB443, s. 152 11Section 152. 938.18 (2) of the statutes is amended to read:
AB443,80,2212 938.18 (2) Petition. The waiver hearing shall be brought on by filing a petition
13alleging delinquency drafted under s. 938.255 and a
petition for waiver of
14jurisdiction which may be filed by the district attorney or the juvenile or may be
15initiated by the court and
shall contain a brief statement of the facts supporting the
16request for waiver. The petition for waiver of jurisdiction shall be accompanied by
17or filed after the filing of a petition alleging delinquency and
shall be filed prior to
18the plea hearing, except that if the juvenile denies the facts of the petition and
19becomes 17 years of age before an adjudication, the petition for waiver of jurisdiction
20may be filed at any time prior to the adjudication. If the court initiates the petition
21for waiver of jurisdiction, the judge shall disqualify himself or herself from any future
22proceedings on the case.
Note: Creates a provision in s. 938.18 (2), stats., based on current s. 938.18 (1) (b),
stats., which is repealed in this bill.
AB443, s. 153 23Section 153. 938.18 (2m) (title) of the statutes is created to read:
AB443,81,1
1938.18 (2m) (title) Agency report.
AB443, s. 154 2Section 154. 938.18 (3) (intro.) of the statutes is created to read:
AB443,81,43 938.18 (3) Rights of juvenile. (intro.) All of the following apply at a waiver
4hearing under this section:
AB443, s. 155 5Section 155. 938.18 (3) (a), (b) and (c) of the statutes are amended to read:
AB443,81,136 938.18 (3) (a) The juvenile shall be represented by counsel at the waiver
7hearing
. Written notice of the time, place, and purpose of the hearing shall be given
8to the juvenile, any parent, guardian, or legal custodian, and counsel at least 3 days
9prior to the hearing. The notice shall contain a statement of the requirements of s.
10938.29 (2) with regard to substitution of the judge. Where If parents entitled to notice
11have the same address, notice to one constitutes notice to the other. Counsel for the
12juvenile shall have access to the social records and other reports consistent with
13under s. 938.293.
AB443,81,1614 (b) The juvenile has the right to present testimony on his or her own behalf
15including expert testimony and has the right to cross-examine witnesses at the
16hearing
.
AB443,81,1717 (c) The juvenile does not have the right to a jury at a hearing under this section.
AB443, s. 156 18Section 156. 938.18 (4) (title) of the statutes is created to read:
AB443,81,1919 938.18 (4) (title) Prosecutive merit; contested or uncontested petition.
AB443, s. 157 20Section 157. 938.18 (4) (a) and (b) of the statutes are amended to read:
AB443,81,2421 938.18 (4) (a) The court shall determine whether the matter has prosecutive
22merit before proceeding to determine if it should waive jurisdiction. If the court
23determines that the matter does not have prosecutive merit, the court shall deny the
24petition for waiver.
AB443,82,4
1(b) If a petition for waiver of jurisdiction is contested, the district attorney shall
2present relevant testimony and
the court, after taking relevant that testimony which
3the district attorney shall present
and considering other relevant evidence, shall
4base its decision whether to waive jurisdiction on the criteria specified in sub. (5).
Note: Clarifies s. 938.18 (4) (a), stats., by providing that the juvenile court must
deny the petition for waiver if it determines that the matter does not have prosecutive
merit.
AB443, s. 158 5Section 158. 938.18 (5) (title) of the statutes is created to read:
AB443,82,66 938.18 (5) (title) Criteria for waiver.
AB443, s. 159 7Section 159. 938.18 (5) (a) of the statutes is amended to read:
AB443,82,168 938.18 (5) (a) The personality and prior record of the juvenile, including
9whether the juvenile is mentally ill or developmentally disabled, whether the court
10has previously waived its jurisdiction over the juvenile, whether the juvenile has
11been previously convicted following a waiver of the court's jurisdiction or has been
12previously found delinquent, whether such conviction or delinquency involved the
13infliction of serious bodily injury, the juvenile's motives and attitudes
has a mental
14illness or developmental disability
, the juvenile's physical and mental maturity, and
15the juvenile's pattern of living, prior offenses, prior treatment history, and apparent
16potential for responding to future treatment.
Note: The stricken language beginning with "whether the court..." is included in
s. 938.18 (5) (am), stats., as created by this bill.
AB443, s. 160 17Section 160. 938.18 (5) (am) of the statutes is created to read:
AB443,83,218 938.18 (5) (am) The prior record of the juvenile, including whether the court has
19previously waived its jurisdiction over the juvenile, whether the juvenile has been
20previously convicted following a waiver of the court's jurisdiction or has been
21previously found delinquent, whether such conviction or delinquency involved the

1infliction of serious bodily injury, the juvenile's motives and attitudes, and the
2juvenile's prior offenses.
AB443, s. 161 3Section 161. 938.18 (5) (b) of the statutes is amended to read:
AB443,83,64 938.18 (5) (b) The type and seriousness of the offense, including whether it was
5against persons or property, and the extent to which it was committed in a violent,
6aggressive, premeditated or willful manner, and its prosecutive merit.
Note: Deletes the reference to "prosecutive merit" in s. 938.18 (5) (b), stats.,
because the determination of whether the matter before the court has prosecutive merit
is governed by s. 938.18 (4) (a), stats.
AB443, s. 162 7Section 162. 938.18 (6) of the statutes is amended to read:
AB443,83,158 938.18 (6) Decision on waiver. After considering the criteria under sub. (5),
9the court shall state its finding with respect to the criteria on the record, and, if the
10court determines on the record that it there is established by clear and convincing
11evidence that it would be is contrary to the best interests of the juvenile or of the
12public to hear the case, the court shall enter an order waiving jurisdiction and
13referring the matter to the district attorney for appropriate proceedings in the court
14of criminal jurisdiction, and the. After the order, the court of criminal jurisdiction
15thereafter has exclusive jurisdiction.
AB443, s. 163 16Section 163. 938.18 (7) (title), (8) (title) and (9) (title) of the statutes are
17created to read:
AB443,83,1818 938.18 (7) (title) Juvenile who absconds.
AB443,83,19 19(8) (title) Transfer to adult facility; bail.
AB443,83,20 20(9) (title) Criminal charge.
AB443, s. 164 21Section 164. 938.183 (1) (title) of the statutes is created to read:
AB443,83,2222 938.183 (1) (title) Juveniles under adult court jurisdiction.
AB443, s. 165 23Section 165. 938.183 (1) (a) and (am) of the statutes are amended to read:
AB443,84,6
1938.183 (1) (a) A juvenile who has been adjudicated delinquent and who is
2alleged to have violated s. 940.20 (1) or 946.43 while placed in a secured juvenile
3correctional facility, a secure juvenile detention facility, a secured child caring
4institution
or a secured group home residential care center for children and youth
5or who has been adjudicated delinquent and who is alleged to have committed a
6violation of s. 940.20 (2m).
AB443,84,97 (am) A juvenile who is alleged to have attempted or committed a violation of
8s. 940.01 or to have committed a violation of s. 940.02 or 940.05 on or after the
9juvenile's 10th birthday, but before the juvenile's 15th birthday.
Note: This language is deleted to reflect the reorganization of s. 938.183 (1m) and
(2), stats., by this bill.
AB443, s. 166 10Section 166. 938.183 (1m) (intro.) and (c) 1. and 2. of the statutes are amended
11to read:
AB443,84,1512 938.183 (1m) Criminal penalties and procedures. (intro.) Notwithstanding
13subchs. IV to VI, a juvenile described in sub. (1) is subject to the procedures specified
14in chs. 967 to 979 and the criminal penalties provided for the crime that the juvenile
15is alleged to have committed except as follows:
AB443,84,2316 (c) 1. The Except as provided in subd. 3., the court of criminal jurisdiction finds
17that the juvenile has committed a lesser offense or a joined offense that is not a
18violation of s. 940.20 (1) or (2m) or 946.43 under the circumstances described in sub.
19(1) (a), that is not an attempt to violate s. 940.01 under the circumstances described
20in sub. (1) (am), that is not a violation of s. 940.02 or 940.05 under the circumstances
21described in sub. (1) (am), and that is not an offense for which the court assigned to
22exercise jurisdiction under this chapter and ch. 48 may waive its jurisdiction over the
23juvenile under s. 938.18.
AB443,85,11
12. The Except as provided in subd. 3., the court of criminal jurisdiction finds
2that the juvenile has committed a lesser offense or a joined offense that is a violation
3of s. 940.20 (1) or (2m) or 946.43 under the circumstances described in sub. (1) (a),
4that is an attempt to violate s. 940.01 under the circumstances described in sub. (1)
5(am), that is a violation of s. 940.02 or 940.05 under the circumstances described in
6sub. (1) (am), or that is an offense for which the court assigned to exercise jurisdiction
7under this chapter and ch. 48 may waive its jurisdiction over the juvenile under s.
8938.18 and the court of criminal jurisdiction, after considering the criteria specified
9in s. 938.18 (5), determines that the juvenile has proved by clear and convincing
10evidence that it would be in the best interests of the juvenile and of the public to
11adjudge the juvenile to be delinquent and impose a disposition specified in s. 938.34.
AB443, s. 167 12Section 167. 938.183 (2) of the statutes is renumbered 938.183 (1m) (c) 3. and
13amended to read:
AB443,86,1614 938.183 (1m) (c) 3. Notwithstanding ss. 938.12 (1) and 938.18, courts of
15criminal jurisdiction have exclusive original jurisdiction over
For a juvenile who is
16alleged to have attempted or committed a violation of s. 940.01 or to have committed
17a violation of s. 940.02 or 940.05 on or after the juvenile's 15th birthday.
18Notwithstanding ss. 938.12 (1) and 938.18, courts of criminal jurisdiction also have
19exclusive original jurisdiction over a juvenile specified in the preceding sentence who
20is alleged to have attempted or committed a violation of any state law in addition to
21the violation alleged under the preceding sentence if the violation alleged under this
22sentence and the violation alleged under the preceding sentence may be joined under
23s. 971.12 (1). Notwithstanding subchs. IV to VI, a juvenile who is alleged to have
24attempted or committed a violation of s. 940.01 or to have committed a violation of
25s. 940.02 or 940.05 on or after the juvenile's 15th birthday and a juvenile who is

1alleged to have attempted or committed a violation of any state criminal law, if that
2violation and an attempt to commit a violation of s. 940.01 or the commission of a
3violation of s. 940.01, 940.02 or 940.05 may be joined under s. 971.12 (1), is subject
4to the procedures specified in chs. 967 to 979 and the criminal penalties provided for
5the crime that the juvenile is alleged to have committed, except that the court of
6criminal jurisdiction shall, in lieu of convicting the juvenile, adjudge the juvenile to
7be delinquent and impose a disposition specified in s. 938.34 if
, the court of criminal
8jurisdiction finds that the juvenile has committed a lesser offense than the offense
9alleged under this subsection or has committed an offense that is joined under s.
10971.12 (1) to an attempt to commit a violation of s. 940.01 or to the commission of a
11violation of s. 940.01, 940.02 or 940.05, but
has not attempted to commit a violation
12of s. 940.01 or committed a violation of s. 940.01, 940.02, or 940.05, and the court of
13criminal jurisdiction, after considering the criteria specified in under s. 938.18 (5),
14determines that the juvenile has proved by clear and convincing evidence that it
15would be in the best interests of the juvenile and of the public to adjudge the juvenile
16to be delinquent and impose a disposition specified in under s. 938.34.
AB443, s. 168 17Section 168. 938.183 (3) of the statutes is amended to read:
AB443,87,218 938.183 (3) Placement in state prison; parole. When a juvenile who is subject
19to a criminal penalty under sub. (1m) or (2) or s. 938.183 (2), 2003 stats., attains the
20age of 17 years, the department may place the juvenile in a state prison named in s.
21302.01, except that the department may not place any person under the age of 18
22years in the correctional institution authorized in s. 301.16 (1n). If a juvenile who
23is subject to a criminal penalty under sub. (1m) or (2) is 15 years of age or over, the
24department may transfer the juvenile to the Racine youthful offender correctional
25facility named in s. 302.01 as provided in s. 938.357 (4) (d).
A juvenile who is subject

1to a criminal penalty under sub. (1m) or (2) or under s. 938.183 (2), 2003 stats., for
2an act committed before December 31, 1999, is eligible for parole under s. 304.06.
Note: Deletes the second-to-last sentence because the authority to transfer
juveniles to the Racine Youthful Offender Correctional Facility under s. 938.357 (4) (d),
stats., is repealed in this bill. See the Note to s. 938.357 (4) (d), stats., as affected by this
bill.
AB443, s. 169 3Section 169. 938.183 (4) (title) of the statutes is created to read:
AB443,87,44 938.183 (4) (title) Child support.
AB443, s. 170 5Section 170. 938.185 (1) (title) of the statutes is created to read:
AB443,87,66 938.185 (1) (title) Proceedings generally.
AB443, s. 171 7Section 171. 938.185 (2) of the statutes is amended to read:
AB443,87,138 938.185 (2) Revision and extension of orders. Venue for any proceeding under
9s. 938.363 or 938.365 shall be in the county where the dispositional order was issued,
10unless the juvenile's county of residence has changed, or the parent of the juvenile
11has resided in a different county of this state for at least 6 months. In either case,
12the court may, upon a motion and for good cause shown, transfer the case, along with
13all appropriate records, to the county of residence of the juvenile or parent.
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