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LRB-1065/2
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2013 - 2014 LEGISLATURE
September 23, 2013 - Introduced by Representatives Bies, Kessler, Johnson,
Ballweg, Barnes, Berceau, Bernard Schaber, Bernier, Billings, Brooks,
Clark, Doyle, Genrich, Goyke, Hebl, Jacque, Kahl, Kestell, Kolste, Krug,
Loudenbeck, Milroy, Ohnstad, A. Ott, Pasch, Petryk, Pope, Pridemore,
Ringhand, Ripp, Sargent, Shankland, Sinicki, Spiros, C. Taylor, Thiesfeldt,
Tittl, Vruwink, Wright and Young, cosponsored by Senators Petrowski, L.
Taylor
, T. Cullen, Erpenbach, Hansen, Harris, Lassa, Lehman, Miller,
Moulton, Olsen, Risser, Shilling and Vinehout. Referred to Committee on
Corrections.
AB387,2,3 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), 939.632 (1) (e) 1., 939.632 (1) (e) 3., 946.50 (intro.), 948.01
11(1), 948.11 (2) (am) (intro.), 948.45 (1), 948.60 (2) (d), 948.61 (4), 961.455 (title),
12961.455 (1), 961.455 (2), 961.46, 961.573 (2), 961.574 (2), 961.575 (1), 961.575
13(2), 961.575 (3), 990.01 (3) and 990.01 (20) of the statutes; relating to: the age
14at which a person who is alleged to have violated a criminal law, a civil law, or

1a municipal ordinance and who is not alleged to have committed certain violent
2offences or has not previously been convicted of a crime or adjudicated
3delinquent is subject to 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 is not alleged
to have committed certain violent offenses and has not previously been convicted of
a crime or adjudicated delinquent. The bill, however, does not affect the age at which
a person who is alleged to have committed certain violent offenses or who has
previously been convicted of a crime or 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 convicted of a crime or adjudicated delinquent. The bill, however, does not affect
the age at which a person who has previously been convicted of a crime or 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:
AB387,1 4Section 1. 48.02 (1d) of the statutes is amended to read:
AB387,3,7
148.02 (1d) "Adult" means a person who is 18 years of age or older, except that
2for purposes of investigating or prosecuting a person who is alleged to have violated
3any state or federal criminal law or any civil law or municipal ordinance, "adult"
4means includes a person who has attained 17 years of age who has previously been
5convicted of a crime or adjudicated delinquent or who is alleged to have committed
6any violent crime specified in s. 939.632 (1) (e) 1. or 2. or any misdemeanor under s.
7940.42, if the underlying crime is a felony, or s. 941.20 (1) (b), (bm), (c), or (d) or 941.24
.
AB387,2 8Section 2. 48.02 (2) of the statutes is amended to read:
AB387,3,169 48.02 (2) "Child",," when used without further qualification, means a person
10who is less than 18 years of age, except that for purposes of investigating or
11prosecuting a person who is alleged to have violated a state or federal criminal law
12or any civil law or municipal ordinance, "child" does not include a person who has
13attained
17 years of age who has previously been convicted of a crime or adjudicated
14delinquent or who is alleged to have committed any violent crime specified in s.
15939.632 (1) (e) 1. or 2. or any misdemeanor under s. 940.42, if the underlying crime
16is a felony, or s. 941.20 (1) (b), (bm), (c), or (d) or 941.24
.
AB387,3 17Section 3. 48.366 (8) of the statutes is amended to read:
AB387,4,518 48.366 (8) Transfer to or between facilities. The department of corrections
19may transfer a person subject to an order between juvenile correctional facilities.
20After the person attains the age of 17 years becomes an adult, the department of
21corrections may place the person in a state prison named in s. 302.01, except that the
22department of corrections may not place any person under the age of 18 years in the
23correctional institution authorized in s. 301.16 (1n). If the department of corrections
24places a person subject to an order under this section in a state prison, that
25department shall provide services for that person from the appropriate

1appropriation under s. 20.410 (1). The department of corrections may transfer a
2person placed in a state prison under this subsection to or between state prisons
3named in s. 302.01 without petitioning for revision of the order under sub. (5) (a),
4except that the department of corrections may not transfer any person under the age
5of 18 years to the correctional institution authorized in s. 301.16 (1n).
AB387,4 6Section 4. Subchapter IX (title) of chapter 48 [precedes 48.44] of the statutes
7is amended to read:
AB387,4,88 CHAPTER 48
AB387,4,119 SUBCHAPTER IX
10 JURISDICTION OVER PERSON 17
11 OR OLDER
adults
AB387,5 12Section 5. 48.44 (title) of the statutes is amended to read:
AB387,4,13 1348.44 (title) Jurisdiction over persons 17 or older adults.
AB387,6 14Section 6. 48.44 (1) of the statutes is amended to read:
AB387,4,1715 48.44 (1) The court has jurisdiction over persons 17 years of age or older adults
16as provided under ss. 48.133, 48.355 (4), and 48.45 and as otherwise specifically
17provided in this chapter.
AB387,7 18Section 7. 48.45 (1) (a) of the statutes is amended to read:
AB387,5,219 48.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition
20described in s. 48.13 it appears that any person 17 years of age or older adult has been
21guilty of contributing to, encouraging, or tending to cause by any act or omission,
22such
that condition of the child, the judge may make orders with respect to the
23conduct of such that person in his or her relationship to the child, including orders
24determining the ability of the person to provide for the maintenance or care of the

1child and directing when, how, and from where funds for the maintenance or care
2shall be paid.
AB387,8 3Section 8. 48.45 (1) (am) of the statutes is amended to read:
AB387,5,104 48.45 (1) (am) If in the hearing of a case of an unborn child and the unborn
5child's expectant mother alleged to be in a condition described in s. 48.133 it appears
6that any person 17 years of age or over adult has been guilty of contributing to,
7encouraging, or tending to cause by any act or omission, such that condition of the
8unborn child and expectant mother, the judge may make orders with respect to the
9conduct of such that person in his or her relationship to the unborn child and
10expectant mother.
AB387,9 11Section 9. 48.45 (3) of the statutes is amended to read:
AB387,5,1612 48.45 (3) If it appears at a court hearing that any person 17 years of age or older
13adult has violated s. 948.40, the judge shall refer the record to the district attorney
14for criminal proceedings as may be warranted in the district attorney's judgment.
15This subsection does not prevent prosecution of violations of s. 948.40 without the
16prior reference by the judge to the district attorney, as in other criminal cases.
AB387,10 17Section 10. 118.163 (4) of the statutes is amended to read:
AB387,5,1918 118.163 (4) A person who is under 17 years of age a minor on the date of
19disposition is subject to s. 938.342.
AB387,11 20Section 11. 125.07 (4) (d) of the statutes is amended to read:
AB387,5,2421 125.07 (4) (d) 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).
AB387,12 25Section 12. 125.07 (4) (e) 1. of the statutes is amended to read:
AB387,6,2
1125.07 (4) (e) 1. In this paragraph, "defendant" means a person found guilty
2of violating par. (a) or (b) who is 17, 18, 19 or 20 an adult under 21 years of age.
AB387,13 3Section 13. 125.085 (3) (bt) of the statutes is amended to read:
AB387,6,74 125.085 (3) (bt) A person who is under 17 years of age a minor on the date of
5disposition is subject to s. 938.344 unless proceedings have been instituted against
6the person in a court of civil or criminal jurisdiction after dismissal of the citation
7under s. 938.344 (3).
AB387,14 8Section 14. 165.83 (1) (c) 1. of the statutes is amended to read:
AB387,6,109 165.83 (1) (c) 1. An act that is committed by a person who has attained the age
10of 17
an adult and that is a felony or a misdemeanor.
AB387,15 11Section 15. 165.83 (1) (c) 2. of the statutes is amended to read:
AB387,6,1412 165.83 (1) (c) 2. An act that is committed by a person minor who has attained
13the age of 10 but who has not attained the age of 17 and that would be a felony or
14misdemeanor if committed by an adult.
AB387,16 15Section 16. 301.12 (2m) of the statutes is amended to read:
AB387,6,1816 301.12 (2m) The liability specified in sub. (2) shall not apply to persons 17 18
17and older receiving care, maintenance, services, and supplies provided by prisons
18named in s. 302.01.
AB387,17 19Section 17. 301.12 (14) (a) of the statutes is amended to read:
AB387,7,520 301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person
21specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17
2218 years of age in residential, nonmedical facilities such as group homes, foster
23homes, residential care centers for children and youth, and juvenile correctional
24institutions is determined in accordance with the cost-based fee established under
25s. 301.03 (18). The department shall bill the liable person up to any amount of

1liability not paid by an insurer under s. 632.89 (2) or (4m) or by other 3rd-party
2benefits, subject to rules that include formulas governing ability to pay promulgated
3by the department under s. 301.03 (18). Any liability of the resident not payable by
4any other person terminates when the resident reaches age 17 18, unless the liable
5person has prevented payment by any act or omission.
AB387,18 6Section 18. 301.26 (4) (cm) 2. of the statutes is amended to read:
AB387,7,157 301.26 (4) (cm) 2. Notwithstanding pars. (a), (b), and (bm), the department
8shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the
9appropriations under s. 20.410 (3) (hm), (ho), and (hr) for the purpose of reimbursing
10juvenile correctional facilities, secured residential care centers for children and
11youth, alternate care providers, aftercare supervision providers, and corrective
12sanctions supervision providers for costs incurred beginning on July 1, 1996, for the
13care of any juvenile 14 years of age or over and under 18 years of age who has been
14placed in a juvenile correctional facility under s. 48.366 based on a delinquent act
15that is a violation of s. 940.01, 940.02, 940.05, or 940.225 (1).
AB387,19 16Section 19. 302.31 (7) of the statutes is amended to read:
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