LRB-3922/1
GMM:kjf:rs
2011 - 2012 LEGISLATURE
March 15, 2012 - Introduced by Representatives Kessler, Doyle, Pasch and
Grigsby, cosponsored by Senator Taylor. Referred to Committee on Criminal
Justice and Corrections.
AB703,2,2
1An Act to amend 48.02 (1d), 48.02 (2), 48.366 (8), subchapter IX (title) of chapter
248 [precedes 48.44], 48.44 (title), 48.44 (1), 48.45 (1) (a), 48.45 (1) (am), 48.45
3(3), 118.163 (4), 125.07 (4) (d), 125.07 (4) (e) 1., 125.085 (3) (bt), 165.83 (1) (c) 1.,
4165.83 (1) (c) 2., 301.12 (2m), 301.12 (14) (a), 301.26 (4) (cm) 2., 302.31 (7),
5938.02 (1), 938.02 (10m), 938.12 (2), 938.18 (2), 938.183 (3), 938.255 (1) (intro.),
6938.34 (8), 938.343 (2), 938.344 (3), 938.35 (1m), 938.355 (4) (b), 938.355 (4m)
7(a), 938.39, subchapter IX (title) of chapter 938 [precedes 938.44], 938.44,
8938.45 (1) (a), 938.45 (3), 938.48 (4m) (title), 938.48 (4m) (a), 938.48 (4m) (b),
9938.48 (14), 938.57 (3) (title), 938.57 (3) (a) (intro.), 938.57 (3) (a) 1., 938.57 (3)
10(a) 3., 938.57 (3) (b), 946.50 (intro.), 948.01 (1), 948.11 (2) (am) (intro.), 948.45
11(1), 948.60 (2) (d), 948.61 (4), 961.455 (title), 961.455 (1), 961.455 (2), 961.46,
12961.573 (2), 961.574 (2), 961.575 (1), 961.575 (2), 961.575 (3), 990.01 (3) and
13990.01 (20) of the statutes;
relating to: the age at which a person who is alleged
14to have violated a criminal law, a civil law, or a municipal ordinance and who
1has not previously been adjudicated delinquent is subject to circuit court or
2municipal court rather than juvenile court jurisdiction.
Analysis by the Legislative Reference Bureau
Under current law, a person 17 years of age or older who is alleged to have
violated a criminal law is subject to the procedures specified in the Criminal
Procedure Code and, on conviction, is subject to sentencing under the Criminal Code,
which may include a sentence of imprisonment in the Wisconsin state prisons.
Currently, subject to certain exceptions, a person under 17 years of age who is alleged
to have violated a criminal law is subject to the procedures specified in the Juvenile
Justice Code and, on being adjudicated delinquent, is subject to an array of
dispositions under that code including placement in a juvenile correctional facility.
This bill raises from 17 to 18 the age at which a person who is alleged to have violated
a criminal law is subject to the procedures specified in the Criminal Procedure Code
and, on conviction, to sentencing under the Criminal Code, if the person has not
previously been adjudicated delinquent. The bill, however, does not affect the age
at which a person who has previously been adjudicated delinquent is subject to those
procedures and that sentencing.
Similarly, under current law, a person 17 years of age or older who is alleged to
have violated a civil law or municipal ordinance is subject to the jurisdiction and
procedures of the circuit court or, if applicable, the municipal court, while a person
under 17 years of age who is alleged to have violated a civil law or municipal
ordinance, subject to certain exceptions, is subject to the jurisdiction and procedures
of the court assigned to exercise jurisdiction under the Juvenile Justice Code. This
bill raises from 17 to 18 the age at which a person who is alleged to have violated a
civil law or municipal ordinance is subject to the jurisdiction and procedures of the
circuit court or, if applicable, the municipal court, if the person has not previously
been adjudicated delinquent. The bill, however, does not affect the age at which a
person who has previously been adjudicated delinquent is subject to that jurisdiction
and those procedures.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB703, s. 1
3Section
1. 48.02 (1d) of the statutes is amended to read:
AB703,3,24
48.02
(1d) "Adult" means a person who is 18 years of age or older, except that
5for purposes of investigating or prosecuting a person who is alleged to have violated
6any state or federal criminal law or any civil law or municipal ordinance, "adult"
1means includes a person
who has attained 17 years of age
who has previously been
2adjudicated delinquent.
AB703, s. 2
3Section
2. 48.02 (2) of the statutes is amended to read:
AB703,3,84
48.02
(2) "Child", when used without further qualification, means a person who
5is less than 18 years of age, except that for purposes of investigating or prosecuting
6a person who is alleged to have violated a state or federal criminal law or any civil
7law or municipal ordinance, "child" does not include a person
who has attained 17
8years of age
who has previously been adjudicated delinquent.
AB703, s. 3
9Section
3. 48.366 (8) of the statutes is amended to read:
AB703,3,2210
48.366
(8) Transfer to or between facilities. The department of corrections
11may transfer a person subject to an order between juvenile correctional facilities.
12After the person
attains the age of 17 years becomes an adult, the department of
13corrections may place the person in a state prison named in s. 302.01, except that the
14department of corrections may not place any person under the age of 18 years in the
15correctional institution authorized in s. 301.16 (1n). If the department of corrections
16places a person subject to an order under this section in a state prison, that
17department shall provide services for that person from the appropriate
18appropriation under s. 20.410 (1). The department of corrections may transfer a
19person placed in a state prison under this subsection to or between state prisons
20named in s. 302.01 without petitioning for revision of the order under sub. (5) (a),
21except that the department of corrections may not transfer any person under the age
22of 18 years to the correctional institution authorized in s. 301.16 (1n).
AB703, s. 4
23Section
4. Subchapter IX (title) of chapter 48 [precedes 48.44] of the statutes
24is amended to read:
AB703,4,3
1SUBCHAPTER IX
2
JURISDICTION OVER
PERSON 17
3
OR OLDER adults
AB703, s. 5
4Section
5. 48.44 (title) of the statutes is amended to read:
AB703,4,5
548.44 (title)
Jurisdiction over persons 17 or older adults.
AB703, s. 6
6Section
6. 48.44 (1) of the statutes is amended to read:
AB703,4,97
48.44
(1) The court has jurisdiction over
persons 17 years of age or older adults 8as provided under ss. 48.133, 48.355 (4) and 48.45 and as otherwise specifically
9provided in this chapter.
AB703, s. 7
10Section
7. 48.45 (1) (a) of the statutes is amended to read:
AB703,4,1811
48.45
(1) (a) If in the hearing of a case of a child alleged to be in a condition
12described in s. 48.13 it appears that any
person 17 years of age or older adult has been
13guilty of contributing to, encouraging, or tending to cause by any act or omission,
14such that condition of the child, the judge may make orders with respect to the
15conduct of
such that person in his or her relationship to the child, including orders
16determining the ability of the person to provide for the maintenance or care of the
17child and directing when, how
, and
from where funds for the maintenance or care
18shall be paid.
AB703, s. 8
19Section
8. 48.45 (1) (am) of the statutes is amended to read:
AB703,5,220
48.45
(1) (am) If in the hearing of a case of an unborn child and the unborn
21child's expectant mother alleged to be in a condition described in s. 48.133 it appears
22that any
person 17 years of age or over adult has been guilty of contributing to,
23encouraging, or tending to cause by any act or omission,
such that condition of the
24unborn child and expectant mother, the judge may make orders with respect to the
1conduct of
such that person in his or her relationship to the unborn child and
2expectant mother.
AB703, s. 9
3Section
9. 48.45 (3) of the statutes is amended to read:
AB703,5,84
48.45
(3) If it appears at a court hearing that any
person 17 years of age or older 5adult has violated s. 948.40, the judge shall refer the record to the district attorney
6for criminal proceedings as may be warranted in the district attorney's judgment.
7This subsection does not prevent prosecution of violations of s. 948.40 without the
8prior reference by the judge to the district attorney, as in other criminal cases.
AB703, s. 10
9Section
10. 118.163 (4) of the statutes is amended to read:
AB703,5,1110
118.163
(4) A person who is
under 17 years of age a minor on the date of
11disposition is subject to s. 938.342.
AB703, s. 11
12Section
11. 125.07 (4) (d) of the statutes is amended to read:
AB703,5,1613
125.07
(4) (d) A person who is
under 17 years of age a minor on the date of
14disposition is subject to s. 938.344 unless proceedings have been instituted against
15the person in a court of civil or criminal jurisdiction after dismissal of the citation
16under s. 938.344 (3).
AB703, s. 12
17Section
12. 125.07 (4) (e) 1. of the statutes is amended to read:
AB703,5,1918
125.07
(4) (e) 1. In this paragraph, "defendant" means a person found guilty
19of violating par. (a) or (b) who is
17, 18, 19 or 20
an adult under 21 years of age.
AB703, s. 13
20Section
13. 125.085 (3) (bt) of the statutes is amended to read:
AB703,5,2421
125.085
(3) (bt) A person who is
under 17 years of age a minor on the date of
22disposition is subject to s. 938.344 unless proceedings have been instituted against
23the person in a court of civil or criminal jurisdiction after dismissal of the citation
24under s. 938.344 (3).
AB703, s. 14
25Section
14. 165.83 (1) (c) 1. of the statutes is amended to read:
AB703,6,2
1165.83
(1) (c) 1. An act that is committed by
a person who has attained the age
2of 17 an adult and that is a felony or a misdemeanor.
AB703, s. 15
3Section
15. 165.83 (1) (c) 2. of the statutes is amended to read:
AB703,6,64
165.83
(1) (c) 2. An act that is committed by a
person minor who has attained
5the age of 10
but who has not attained the age of 17 and that would be a felony or
6misdemeanor if committed by an adult.
AB703, s. 16
7Section
16. 301.12 (2m) of the statutes is amended to read:
AB703,6,108
301.12
(2m) The liability specified in sub. (2) shall not apply to persons
17 18 9and older receiving care, maintenance, services and supplies provided by prisons
10named in s. 302.01.
AB703, s. 17
11Section
17. 301.12 (14) (a) of the statutes is amended to read:
AB703,6,2212
301.12
(14) (a) Except as provided in pars. (b) and (c), liability of a person
13specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under
17 1418 years of age in residential, nonmedical facilities such as group homes, foster
15homes, residential care centers for children and youth, and juvenile correctional
16institutions is determined in accordance with the cost-based fee established under
17s. 301.03 (18). The department shall bill the liable person up to any amount of
18liability not paid by an insurer under s. 632.89 (2) or (4m) or by other 3rd-party
19benefits, subject to rules that include formulas governing ability to pay promulgated
20by the department under s. 301.03 (18). Any liability of the resident not payable by
21any other person terminates when the resident reaches age
17 18, unless the liable
22person has prevented payment by any act or omission.
AB703, s. 18
23Section
18. 301.26 (4) (cm) 2. of the statutes is amended to read:
AB703,7,724
301.26
(4) (cm) 2. Notwithstanding pars. (a), (b), and (bm), the department
25shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the
1appropriations under s. 20.410 (3) (hm), (ho), and (hr) for the purpose of reimbursing
2juvenile correctional facilities, secured residential care centers for children and
3youth, alternate care providers, aftercare supervision providers, and corrective
4sanctions supervision providers for costs incurred beginning on July 1, 1996, for the
5care of any juvenile 14 years of age or over
and under 18 years of age who has been
6placed in a juvenile correctional facility under s. 48.366 based on a delinquent act
7that is a violation of s. 940.01, 940.02, 940.05, or 940.225 (1).
AB703, s. 19
8Section
19. 302.31 (7) of the statutes is amended to read:
AB703,7,149
302.31
(7) The temporary placement of persons in the custody of the
10department, other than
persons under 17 years of age
minors, and
persons who have
11attained the age of 17 years but have not attained adults under the age of 25 years
12who are under the supervision of the department under s. 48.366 or 938.355 (4) and
13who have been taken into custody pending revocation of aftercare supervision under
14s. 48.366 (5) or 938.357 (5) (e).
AB703, s. 20
15Section
20. 938.02 (1) of the statutes is amended to read:
AB703,7,2016
938.02
(1) "Adult" means a person who is 18 years of age or older, except that
17for purposes of investigating or prosecuting a person who is alleged to have violated
18any state or federal criminal law or any civil law or municipal ordinance, "adult"
19means includes a person
who has attained 17 years of age
who has previously been
20adjudicated delinquent.
AB703, s. 21
21Section
21. 938.02 (10m) of the statutes is amended to read:
AB703,8,222
938.02
(10m) "Juvenile", when used without further qualification, means a
23person who is less than 18 years of age, except that for purposes of investigating or
24prosecuting a person who is alleged to have violated a state or federal criminal law
1or any civil law or municipal ordinance, "juvenile" does not include a person
who has
2attained 17 years of age
who has previously been adjudicated delinquent.
AB703, s. 22
3Section
22. 938.12 (2) of the statutes is amended to read:
AB703,8,84
938.12
(2) Seventeen-year-olds Juveniles who become adults. If a petition
5alleging that a juvenile is delinquent is filed before the juvenile
is 17 years of age 6becomes an adult, but the juvenile becomes
17 years of age an adult before admitting
7the facts of the petition at the plea hearing or if the juvenile denies the facts, before
8an adjudication, the court retains jurisdiction over the case.
AB703, s. 23
9Section
23. 938.18 (2) of the statutes is amended to read:
AB703,8,1810
938.18
(2) Petition. The petition for waiver of jurisdiction may be filed by the
11district attorney or the juvenile or may be initiated by the court and shall contain a
12brief statement of the facts supporting the request for waiver. The petition for waiver
13of jurisdiction shall be accompanied by or filed after the filing of a petition alleging
14delinquency and shall be filed prior to the plea hearing, except that if the juvenile
15denies the facts of the petition and becomes
17 years of age an adult before an
16adjudication, the petition for waiver of jurisdiction may be filed at any time prior to
17the adjudication. If the court initiates the petition for waiver of jurisdiction, the
18judge shall disqualify himself or herself from any future proceedings on the case.
AB703, s. 24
19Section
24. 938.183 (3) of the statutes is amended to read:
AB703,9,220
938.183
(3) Placement in state prison; parole. When a juvenile who is subject
21to a criminal penalty under sub. (1m) or s. 938.183 (2), 2003 stats.,
attains the age
22of 17 years becomes an adult, the department may place the juvenile in a state prison
23named in s. 302.01, except that the department may not place any person under the
24age of 18 years in the correctional institution authorized in s. 301.16 (1n). A juvenile
25who is subject to a criminal penalty under sub. (1m) or under s. 938.183 (2), 2003
1stats., for an act committed before December 31, 1999, is eligible for parole under s.
2304.06.
AB703, s. 25
3Section
25. 938.255 (1) (intro.) of the statutes is amended to read:
AB703,9,104
938.255
(1) Title and contents. (intro.) A petition initiating proceedings
5under this chapter, other than a petition initiating proceedings under s. 938.12,
6938.125, or 938.13 (12), shall be entitled, "In the interest of (juvenile's name), a
7person under the age of 18". A petition initiating proceedings under s. 938.12,
8938.125, or 938.13 (12) shall be entitled, "In the interest of (juvenile's name), a
person
9under the age of 17" juvenile". A petition initiating proceedings under this chapter
10shall specify all of the following:
AB703, s. 26
11Section
26. 938.34 (8) of the statutes is amended to read:
AB703,9,2512
938.34
(8) Forfeiture. Impose a forfeiture based upon a determination that
13this disposition is in the best interest of the juvenile and the juvenile's rehabilitation.
14The maximum forfeiture that the court may impose under this subsection for a
15violation by a juvenile is the maximum amount of the fine that may be imposed on
16an adult for committing that violation or, if the violation is applicable only to
a person
17under 18 years of age juveniles, $100. The order shall include a finding that the
18juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months
19for payment. If the juvenile fails to pay the forfeiture, the court may vacate the
20forfeiture and order other alternatives under this section; or the court may suspend
21any license issued under ch. 29 for not less than 30 days nor more than 5 years, or
22suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more
23than 2 years. If the court suspends any license under this subsection, the clerk of the
24court shall immediately take possession of the suspended license if issued under ch.
2529 or, if the license is issued under ch. 343, the court may take possession of, and if
1possession is taken, shall destroy, the license. The court shall forward to the
2department which issued the license a notice of suspension stating that the
3suspension is for failure to pay a forfeiture imposed by the court, together with any
4license issued under ch. 29 of which the court takes possession. If the forfeiture is
5paid during the period of suspension, the suspension shall be reduced to the time
6period which has already elapsed and the court shall immediately notify the
7department which shall then, if the license is issued under ch. 29, return the license
8to the juvenile. Any recovery under this subsection shall be reduced by the amount
9recovered as a forfeiture for the same act under s. 938.45 (1r) (b).
AB703, s. 27
10Section
27. 938.343 (2) of the statutes is amended to read:
AB703,11,211
938.343
(2) Forfeiture. Impose a forfeiture not to exceed the maximum
12forfeiture that may be imposed on an adult for committing that violation or, if the
13violation is only applicable to
a person under 18 years of age juveniles, $50. The
14order shall include a finding that the juvenile alone is financially able to pay and
15shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture,
16the court may suspend any license issued under ch. 29 or suspend the juvenile's
17operating privilege, as defined in s. 340.01 (40), for not more than 2 years. The court
18shall immediately take possession of the suspended license if issued under ch. 29 or,
19if the license is issued under ch. 343, the court may take possession of, and if
20possession is taken, shall destroy, the license. The court shall forward to the
21department which issued the license the notice of suspension stating that the
22suspension is for failure to pay a forfeiture imposed by the court, together with any
23license issued under ch. 29 of which the court takes possession. If the forfeiture is
24paid during the period of suspension, the court shall immediately notify the
25department, which shall, if the license is issued under ch. 29, return the license to
1the person. Any recovery under this subsection shall be reduced by the amount
2recovered as a forfeiture for the same act under s. 938.45 (1r) (b).
AB703, s. 28
3Section
28. 938.344 (3) of the statutes is amended to read:
AB703,11,114
938.344
(3) Prosecution in adult court. If the juvenile alleged to have
5committed the violation is within 3 months of
his or her 17th birthday becoming an
6adult, the court assigned to exercise jurisdiction under this chapter and ch. 48 may,
7at the request of the district attorney or on its own motion, dismiss the citation
8without prejudice and refer the matter to the district attorney for prosecution under
9s. 125.07 (4). The juvenile is entitled to a hearing only on the issue of his or her age.
10This subsection does not apply to violations under s. 961.573 (2), 961.574 (2)
, or
11961.575 (2) or a local ordinance that strictly conforms to one of those statutes.
AB703, s. 29
12Section
29. 938.35 (1m) of the statutes is amended to read: