AB1163: Bill Text

AB1163,10,22 938.344 (3) Prosecution in adult court. If the juvenile alleged to have committed the violation is within 3 months of his or her 17th birthday becoming an adult, the court assigned to exercise jurisdiction under this chapter and ch. 48 may, at the request of the district attorney or on its own motion, dismiss the citation without prejudice and refer the matter to the district attorney for prosecution under s. 125.07 (4). The juvenile is entitled to a hearing only on the issue of his or her age. This subsection does not apply to violations under s. 961.573 (2), 961.574 (2), or 961.575 (2) or a local ordinance that strictly conforms to one of those statutes.

AB1163,28 Section 28 . 938.35 (1m) of the statutes is amended to read:

AB1163,11,4 938.35 (1m) Future criminal proceedings barred. Disposition by the court assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation under s. 938.12 or 938.13 (12) shall bar any future proceeding on the same matter in criminal court when the juvenile attains 17 years of age becomes an adult. This subsection does not affect proceedings in criminal court that have been transferred under s. 938.18.

AB1163,29 Section 29 . 938.355 (4) (b) of the statutes is amended to read:

AB1163,12,2 938.355 (4) (b) Except as provided in s. 938.368, an order under s. 938.34 (4d) or (4m) made before the juvenile attains 18 years of age may apply for up to 2 years after the date on which the order is granted or until the juvenile's 18th 19th birthday, whichever is earlier, unless the court specifies a shorter period of time or the court terminates the order sooner. If the order does not specify a termination date, it shall apply for one year after the date on which the order is granted or until the juvenile's 18th 19th birthday, whichever is earlier, unless the court terminates the order sooner. Except as provided in s. 938.368, an order under s. 938.34 (4h) made before the juvenile attains 18 years of age shall apply for 5 years after the date on which the order is granted, if the juvenile is adjudicated delinquent for committing a violation of s. 943.10 (2) or for committing an act that would be punishable as a Class B or C felony if committed by an adult, or until the juvenile reaches 25 years of age, if the juvenile is adjudicated delinquent for committing an act that would be punishable as a Class A felony if committed by an adult. Except as provided in s. 938.368, an extension of an order under s. 938.34 (4d), (4h), (4m), or (4n) made before the juvenile attains 17 years of age becomes an adult shall terminate at the end of one year after the date on which the order is granted unless the court specifies a shorter period of time or the court terminates the order sooner. No extension under s. 938.365 of an original dispositional order under s. 938.34 (4d), (4h), (4m), or (4n) may be granted for a juvenile who is 17 years of age or older when becomes an adult by the time the original dispositional order terminates.

AB1163,30 Section 30 . 938.355 (4m) (a) of the statutes is amended to read:

AB1163,12,9 938.355 (4m) (a) A juvenile who has been adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 may, on attaining 17 years of age becoming an adult, petition the court to expunge the court's record of the juvenile's adjudication. Subject to par. (b), the court may expunge the record if the court determines that the juvenile has satisfactorily complied with the conditions of his or her dispositional order and that the juvenile will benefit from, and society will not be harmed by, the expungement.

AB1163,31 Section 31 . 938.39 of the statutes is amended to read:

AB1163,12,15 938.39 Disposition by court bars criminal proceeding. Disposition by the court of any violation of state law within its jurisdiction under s. 938.12 bars any future criminal proceeding on the same matter in circuit court when the juvenile reaches the age of 17 becomes an adult. This section does not affect criminal proceedings in circuit court that were transferred under s. 938.18.

AB1163,32 Section 32 . Subchapter IX (title) of chapter 938 [precedes 938.44] of the statutes is amended to read:

AB1163,12,18 CHAPTER 938

AB1163,12,21 SUBCHAPTER IX JURISDICTION OVER PERSONS 17 OR OLDER adults

AB1163,33 Section 33 . 938.44 of the statutes is amended to read:

AB1163,12,25 938.44 Jurisdiction over persons 17 or older adults. The court has jurisdiction over persons 17 years of age or older adults as provided under ss. 938.355 (4), 938.357 (6), 938.365 (5), and 938.45 and as otherwise specified in this chapter.

AB1163,34 Section 34. 938.45 (1) (a) of the statutes is amended to read:

AB1163,13,9 938.45 (1) (a) If in the hearing of a case of a juvenile alleged to be delinquent under s. 938.12 or in need of protection or services under s. 938.13 it appears that any person 17 years of age or older adult has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such that condition of the juvenile, the court may make orders with respect to the conduct of that person in his or her relationship to the juvenile, including orders relating to determining the ability of the person to provide for the maintenance or care of the juvenile and directing when, how, and from where funds for the maintenance or care shall be paid.

AB1163,35 Section 35 . 938.45 (3) of the statutes is amended to read:

AB1163,13,15 938.45 (3) Prosecution of adult contributing to delinquency of juvenile. If it appears at a court hearing that any person 17 years of age or older adult has violated s. 948.40, the court shall refer the record to the district attorney. This subsection does not prohibit prosecution of violations of s. 948.40 without the prior reference by the court to the district attorney.

AB1163,36 Section 36 . 938.48 (4m) (title) of the statutes is amended to read:

AB1163,13,18 938.48 (4m) (title) Continuing care and services for juveniles over 17 who become adults.

AB1163,37 Section 37 . 938.48 (4m) (a) of the statutes is amended to read:

AB1163,13,20 938.48 (4m) (a) Is at least 17 years of age an adult.

AB1163,38 Section 38 . 938.48 (4m) (b) of the statutes is amended to read:

AB1163,13,24 938.48 (4m) (b) Was under the supervision of the department under s. 938.183, 938.34 (4h), or 938.357 (3) or (4) when the person reached 17 years of age became an adult.

AB1163,39 Section 39 . 938.48 (14) of the statutes is amended to read:

AB1163,14,8 938.48 (14) School-related expenses for juveniles over 17 who become adults. Pay maintenance, tuition, and related expenses from the appropriation under s. 20.410 (3) (ho) for persons who, when they attained 17 years of age became adults, were students regularly attending a school, college, or university or regularly attending a course of vocational or technical training designed to prepare them for gainful employment, and who upon attaining that age becoming adults were under the supervision of the department under s. 938.183, 938.34 (4h), or 938.357 (3) or (4) as a result of a judicial decision.

AB1163,40 Section 40 . 938.57 (3) (title) of the statutes is amended to read:

AB1163,14,11 938.57 (3) (title) Continuing maintenance for juveniles over 17 who become adults.

AB1163,41 Section 41 . 938.57 (3) (a) (intro.) of the statutes is amended to read:

AB1163,14,15 938.57 (3) (a) (intro.) From the reimbursement received under s. 48.569 (1) (d), counties may provide funding for the maintenance of any juvenile person who meets all of the following qualifications:

AB1163,42 Section 42 . 938.57 (3) (a) 1. of the statutes is amended to read:

AB1163,14,17 938.57 (3) (a) 1. Is 17 years of age or older an adult.

AB1163,43 Section 43 . 938.57 (3) (a) 3. of the statutes is amended to read:

AB1163,14,20 938.57 (3) (a) 3. Received funding under s. 48.569 (1) (d) immediately prior to his or her 17th birthday becoming an adult.

AB1163,44 Section 44 . 938.57 (3) (b) of the statutes is amended to read:

AB1163,14,24 938.57 (3) (b) The funding provided for the maintenance of a juvenile person under par. (a) shall be in an amount equal to that which the juvenile person would receive under s. 48.569 (1) (d) if the person were a juvenile were 16 years of age.

AB1163,45 Section 45 . 946.50 (intro.) of the statutes is amended to read:

AB1163,15,5 946.50 Absconding. (intro.) Any person who is adjudicated delinquent, but who intentionally fails to appear before the court assigned to exercise jurisdiction under chs. 48 and 938 for his or her dispositional hearing under s. 938.335, and who does not return to that court for a dispositional hearing before attaining the age of 17 years becoming an adult is guilty of the following:

AB1163,46 Section 46 . 948.01 (1) of the statutes is amended to read:

AB1163,15,10 948.01 (1) “Child" means a person who has not attained the age of 18 years, except that for purposes of prosecuting a person who is alleged to have violated a state or federal criminal law, “child" does not include a person who has attained the age of 17 years.

AB1163,47 Section 47 . 948.11 (2) (am) (intro.) of the statutes is amended to read:

AB1163,15,16 948.11 (2) (am) (intro.) Any person who has attained the age of 17 and adult who, with knowledge of the character and content of the description or narrative account, verbally communicates, by any means, a harmful description or narrative account to a child, with or without monetary consideration, is guilty of a Class I felony if any of the following applies:

AB1163,48 Section 48 . 948.45 (1) of the statutes is amended to read:

AB1163,15,21 948.45 (1) Except as provided in sub. (2), any person 17 years of age or older adult who, by any act or omission, knowingly encourages or contributes to the truancy, as defined under s. 118.16 (1) (c), of a person 17 years of age or under child is guilty of a Class C misdemeanor.

AB1163,49 Section 49 . 948.60 (2) (d) of the statutes is amended to read:

AB1163,16,2 948.60 (2) (d) A person under 17 years of age child who has violated this subsection is subject to the provisions of ch. 938 unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.

AB1163,50 Section 50 . 948.61 (4) of the statutes is amended to read:

AB1163,16,7 948.61 (4) A person under 17 years of age child who has violated this section is subject to the provisions of ch. 938, unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.

AB1163,51 Section 51 . 961.455 (title) of the statutes is amended to read:

AB1163,16,10 961.455 (title) Using a child minor for illegal drug distribution or manufacturing purposes.

AB1163,52 Section 52 . 961.455 (1) of the statutes is amended to read:

AB1163,16,14 961.455 (1) Any person who has attained the age of 17 years adult who knowingly solicits, hires, directs, employs, or uses a person who is under the age of 17 years minor for the purpose of violating s. 961.41 (1) is guilty of a Class F felony.

AB1163,53 Section 53 . 961.455 (2) of the statutes is amended to read:

AB1163,16,20 961.455 (2) The knowledge requirement under sub. (1) does not require proof of knowledge of the age of the child minor. It is not a defense to a prosecution under this section that the actor mistakenly believed that the person solicited, hired, directed, employed, or used under sub. (1) had attained the age of 18 years, even if the mistaken belief was reasonable.

AB1163,54 Section 54 . 961.46 of the statutes is amended to read:

AB1163,17,2 961.46 Distribution to persons under age 18 minors. If a person 17 years of age or over an adult violates s. 961.41 (1) by distributing or delivering a controlled substance or a controlled substance analog to a person 17 years of age or under minor who is at least 3 years his or her junior, the applicable maximum term of imprisonment prescribed under s. 961.41 (1) for the offense may be increased by not more than 5 years.

AB1163,55 Section 55 . 961.573 (2) of the statutes is amended to read:

AB1163,17,5 961.573 (2) Any person minor who violates sub. (1) who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

AB1163,56 Section 56 . 961.574 (2) of the statutes is amended to read:

AB1163,17,8 961.574 (2) Any person minor who violates sub. (1) who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

AB1163,57 Section 57 . 961.575 (1) of the statutes is amended to read:

AB1163,17,13 961.575 (1) Any person 17 years of age or over adult who violates s. 961.574 (1) by delivering drug paraphernalia to a person 17 years of age or under minor who is at least 3 years younger than the violator may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

AB1163,58 Section 58 . 961.575 (2) of the statutes is amended to read:

AB1163,17,16 961.575 (2) Any person minor who violates this section who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

AB1163,59 Section 59 . 961.575 (3) of the statutes is amended to read:

AB1163,17,20 961.575 (3) Any person 17 years of age or over adult who violates s. 961.574 (3) by delivering drug paraphernalia to a person 17 years of age or under minor is guilty of a Class G felony.

AB1163,60 Section 60 . 990.01 (3) of the statutes is amended to read:

AB1163,17,25 990.01 (3) Adult. “Adult" means a person who has attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “adult" means a person who has attained the age of 17 years.

AB1163,61 Section 61. 990.01 (20) of the statutes is amended to read:

AB1163,18,5 990.01 (20) Minor. “Minor" means a person who has not attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, “minor" does not include a person who has attained the age of 17 years.

AB1163,62 Section 62. Initial applicability.

AB1163,18,8 (1) This act first applies to a violation of a criminal law, civil law, or municipal ordinance allegedly committed on the effective date of this subsection.

AB1163,63 Section 63. Effective date.

AB1163,18,11 (1) This act takes effect on the day after publication, or the 2nd day after publication of the 2023 biennial budget, act whichever occurs later.

AB1163,18,12 (End)