AB686-SSA1, s. 14 25Section 14. 118.15 (5) (b) of the statutes is renumbered 118.15 (5) (b) 1.
AB686-SSA1, s. 15
1Section 15. 118.15 (5) (b) 2. of the statutes is created to read:
AB686-SSA1,7,52 118.15 (5) (b) 2. In a prosecution under par. (a), if the defendant proves that he
3or she is unable to comply with the law because of the disobedience of the child, the
4action shall be dismissed and the child shall be referred to the court assigned to
5exercise jurisdiction under ch. 48.
AB686-SSA1, s. 16 6Section 16. 118.16 (1) (a) (intro.) and 1. of the statutes are consolidated,
7renumbered 118.16 (1) (a) and amended to read:
AB686-SSA1,7,118 118.16 (1) (a) "Habitual truant" means a pupil who is absent from school
9without an acceptable excuse under sub. (4) and s. 118.15 for either of the following:
101. Part
part or all of 5 or more days out of 10 consecutive days on which school is held
11during a school semester.
AB686-SSA1, s. 17 12Section 17. 118.16 (1) (a) 2. of the statutes is repealed.
AB686-SSA1, s. 18 13Section 18. 118.16 (2) (cg) 1. of the statutes is amended to read:
AB686-SSA1,7,1514 118.16 (2) (cg) 1. A statement of the parent's or guardian's responsibility, under
15s. 118.15 (1) (a) and (am), to cause the child to attend school regularly.
AB686-SSA1, s. 19 16Section 19. 118.16 (2) (cg) 3. of the statutes is amended to read:
AB686-SSA1,7,2417 118.16 (2) (cg) 3. A request that the parent or guardian meet with appropriate
18school personnel to discuss the child's truancy. The notice shall include the name of
19the school personnel with whom the parent or guardian should meet, a date, time and
20place for the meeting and the name, address and telephone number of a person to
21contact to arrange a different date, time or place. The date for the meeting shall be
22within 5 school days after the date that the notice is sent, except that with the consent
23of the child's parent or guardian the date for the meeting may be extended for an
24additional 5 school days.
AB686-SSA1, s. 20 25Section 20. 118.16 (2) (cg) 4. of the statutes is amended to read:
AB686-SSA1,8,3
1118.16 (2) (cg) 4. A statement of the penalties, under s. 118.15 (5), that may be
2imposed on the parent or guardian if he or she fails to cause the child to attend school
3regularly as required under s. 118.15 (1) (a) and (am).
AB686-SSA1, s. 21 4Section 21. 118.16 (5m) of the statutes is amended to read:
AB686-SSA1,8,95 118.16 (5m) Subsection (5) (a) does not apply if a meeting under sub. (2) (cg)
63. is not held within 10 school days after the date that the notice under sub. (2) (cg)
7is sent.
Subsection (5) (b), (c) and (d) does not apply if the school attendance officer
8provides evidence that appropriate school personnel were unable to carry out the
9activity due to the child's absences from school.
AB686-SSA1, s. 22 10Section 22. 118.16 (6) of the statutes is amended to read:
AB686-SSA1,8,1711 118.16 (6) If the school attendance officer receives evidence that activities
12under sub. (5) have been completed or were not required to be completed due to the
13child's absence from school
as provided in sub. (5m), the school attendance officer
14may file information on any child who continues to be truant with the court assigned
15to exercise jurisdiction under chs. 48 and 938 in accordance with s. 938.24. Filing
16information on a child under this subsection does not preclude concurrent
17prosecution of the child's parent or guardian under s. 118.15 (5).
AB686-SSA1, s. 23 18Section 23. 118.162 (1) (intro.) of the statutes is amended to read:
AB686-SSA1,9,219 118.162 (1) (intro.) On July 1, 1988 At least once every 4 years, in each county,
20the superintendent school district administrator of the school district which contains
21the county seat designated under s. 59.05, or his or her designee, shall convene a
22committee under this section. At its first meeting, the committee shall elect a
23chairperson, vice chairperson and secretary. Not later than February 1, 1989, the
24committee shall
to review and make recommendations to the school boards of all of
25the school districts in the county on the items to be included in revisions to the school

1districts' truancy plans under sub. (4) (4m). The committee shall consist of the
2following members:
AB686-SSA1, s. 24 3Section 24. 118.162 (2) (intro.) and (a) of the statutes are repealed.
AB686-SSA1, s. 25 4Section 25. 118.162 (2) (b) of the statutes is renumbered 118.162 (2) and
5amended to read:
AB686-SSA1,9,86 118.162 (2) The district attorney representative on the committee shall
7participate in reviewing and developing any recommendations regarding revisions
8to
the portions of the plan school districts' plans under sub. (4) (e).
AB686-SSA1, s. 26 9Section 26. 118.162 (3) (intro.), (a) and (b) of the statutes are consolidated,
10renumbered 118.162 (3) and amended to read:
AB686-SSA1,9,1811 118.162 (3) The committee shall write a report to accompany the
12recommendations under sub. (1). The report shall include all of the following: (a)
13A
a description of the factors that contribute to truancy in the county. (b)
14Identification
and a description of any state statutes, municipal ordinances or school
15or, social services, law enforcement, district attorney, court or other policies that
16contribute to or inhibit the response to truancy in the county. A copy of the report
17shall be submitted to each of the entities identified in sub. (1) (b) to (h) and any other
18entity designating members on the committee under sub. (1) (i)
.
AB686-SSA1, s. 27 19Section 27. 118.162 (3) (c) of the statutes is repealed.
AB686-SSA1, s. 28 20Section 28. 118.162 (4m) of the statutes is created to read:
AB686-SSA1,9,2221 118.162 (4m) At least once every 2 years, each school board shall review and,
22if appropriate, revise the truancy plan adopted by the school board under sub. (4).
AB686-SSA1, s. 29 23Section 29. 118.162 (5) of the statutes is repealed.
AB686-SSA1, s. 30 24Section 30. 118.163 (1) (b) of the statutes is repealed and recreated to read:
AB686-SSA1,9,2525 118.163 (1) (b) "Habitual truant" has the meaning given in s. 118.16 (1) (a).
AB686-SSA1, s. 31
1Section 31. 118.163 (1) (c) of the statutes is created to read:
AB686-SSA1,10,22 118.163 (1) (c) "Operating privilege" has the meaning given in s. 340.01 (40).
AB686-SSA1, s. 32 3Section 32. 118.163 (1) (d) of the statutes is created to read:
AB686-SSA1,10,64 118.163 (1) (d) "Truant" means a pupil who is absent from school without an
5acceptable excuse under ss. 118.15 and 118.16 (4) for part or all of any day on which
6school is held during a school semester.
AB686-SSA1, s. 33 7Section 33. 118.163 (1m) of the statutes is created to read:
AB686-SSA1,10,108 118.163 (1m) A county, city, village or town may enact an ordinance prohibiting
9a person under 18 years of age from being a truant. The ordinance shall provide
10which of the following dispositions are available to the court:
AB686-SSA1,10,1111 (a) An order for the person to attend school.
AB686-SSA1,10,1712 (b) A forfeiture of not more than $50 plus costs for a first violation, or a
13forfeiture of not more than $100 plus costs for any 2nd or subsequent violation
14committed within 12 months of a previous violation, subject to s. 938.37 and subject
15to a maximum cumulative forfeiture amount of not more than $500 for all violations
16committed during a school semester. All or part of the forfeiture plus costs may be
17assessed against the person, the parents or guardian of the person, or both.
AB686-SSA1, s. 34 18Section 34. 118.163 (2) (a) of the statutes is amended to read:
AB686-SSA1,10,2319 118.163 (2) (a) Suspension of the person's operating privilege, as defined in s.
20340.01 (40),
for not less than 30 days nor more than 90 days one year. The court shall
21immediately take possession of any suspended license and forward it to the
22department of transportation together with a notice stating the reason for and the
23duration of the suspension.
AB686-SSA1, s. 35 24Section 35. 118.163 (2) (b) of the statutes, is amended to read:
AB686-SSA1,11,10
1118.163 (2) (b) An order for the person to participate in counseling or a
2supervised work program or other community service work under as described in s.
3938.34 (5g). The costs of any such counseling, supervised work program or other
4community service work may be assessed against the person, the parents or
5guardian of the person, or both. Any county department of human services or social
6services, community agency, public agency or nonprofit charitable organization
7administering a supervised work program or other community service work to which
8a person is assigned pursuant to an order under this paragraph acting in good faith
9has immunity from any civil liability in excess of $25,000 for any act or omission by
10or impacting on that person.
AB686-SSA1, s. 36 11Section 36. 118.163 (2) (d) of the statutes is amended to read:
AB686-SSA1,11,1312 118.163 (2) (d) An order for the person to attend an educational program under
13as described in s. 938.34 (7d).
AB686-SSA1, s. 37 14Section 37. 118.163 (2) (f) of the statutes, is amended to read:
AB686-SSA1,11,1615 118.163 (2) (f) An order for the person to be placed in a teen court program as
16described in s. 938.342 (1) (1g) (f).
AB686-SSA1, s. 38 17Section 38. 118.163 (2) (g) to (k) of the statutes are created to read:
AB686-SSA1,11,1818 118.163 (2) (g) An order for the person to attend school.
AB686-SSA1,11,2119 (h) A forfeiture of not more than $500 plus costs, subject to s. 938.37. All or part
20of the forfeiture plus costs may be assessed against the person, the parents or
21guardian of the person, or both.
AB686-SSA1,11,2422 (i) Any other reasonable conditions consistent with this subsection, including
23a curfew, restrictions as to going to or remaining on specified premises and
24restrictions on associating with other children or adults.
AB686-SSA1,12,2
1(j) An order placing the person under formal or informal supervision, as
2described in s. 938.34 (2), for up to one year.
AB686-SSA1,12,53 (k) An order for the person's parent, guardian or legal custodian to participate
4in counseling at the parent's, guardian's or legal custodian's own expense or to attend
5school with the person, or both.
AB686-SSA1, s. 39 6Section 39. 118.163 (2m) of the statutes is renumbered 118.163 (2m) (a) and
7amended to read:
AB686-SSA1,12,158 118.163 (2m) (a) A county, city, village or town may enact an ordinance
9permitting a court to suspend the operating privilege, as defined in s. 340.01 (40), of
10a person who is at least 16 years of age but less than 18 years of age and is a dropout.
11The ordinance shall provide that the court may suspend the person's operating
12privilege, as defined in s. 340.01 (40), until the person reaches the age of 18. The
13court shall immediately take possession of any suspended license and forward it to
14the department of transportation together with a notice stating the reason for and
15the duration of the suspension.
AB686-SSA1, s. 40 16Section 40. 118.163 (2m) (b) of the statutes is created to read:
AB686-SSA1,12,2117 118.163 (2m) (b) A court may order a school district to provide to the court a
18list of all persons who are known to the school district to be dropouts and who reside
19within the county in which the circuit court is located or the municipality in which
20the municipal court is located. Upon request, the department of transportation shall
21assist the court to determine which dropouts have operating privileges.
AB686-SSA1, s. 41 22Section 41. 118.163 (3) of the statutes is repealed and recreated to read:
AB686-SSA1,13,223 118.163 (3) An ordinance enacted by a county under sub. (1m), (2) or (2m) is
24applicable and may be enforced in that part of any city or village located in the county

1and in any town located in the county regardless of whether the city, village or town
2has enacted an ordinance under sub. (1m), (2) or (2m).
AB686-SSA1, s. 42 3Section 42. 118.163 (4) of the statutes is created to read:
AB686-SSA1,13,54 118.163 (4) A person who is under 17 years of age on the date of disposition is
5subject to s. 938.342.
AB686-SSA1, s. 43 6Section 43. 895.035 (2m) (b) of the statutes, as affected by 1997 Wisconsin Acts
727
and 35, is amended to read:
AB686-SSA1,13,218 895.035 (2m) (b) If a juvenile fails to pay a forfeiture or, surcharge or costs as
9ordered by a court assigned to exercise jurisdiction under chs. 48 and 938 or a
10forfeiture as ordered by a municipal court or if it appears likely that the juvenile will
11not pay the forfeiture or, surcharge or costs as ordered, the representative of the
12public interest under s. 938.09, the agency, as defined in s. 938.38 (1) (a), supervising
13the juvenile or the law enforcement agency that issued the citation to the juvenile
14may petition the court assigned to exercise jurisdiction under chs. 48 and 938 to order
15that the amount of the forfeiture or, surcharge or costs unpaid by the juvenile be
16entered and docketed as a judgment against the juvenile and the parent with custody
17of the juvenile and in favor of the county or appropriate municipality. A petition
18under this paragraph may be filed after the expiration of the dispositional order or
19sentence under which the forfeiture or, surcharge is or costs are payable, but no later
20than one year after the expiration of the dispositional order or sentence or any
21extension of the dispositional order or sentence.
AB686-SSA1, s. 44 22Section 44. 938.06 (5) of the statutes is amended to read:
AB686-SSA1,14,523 938.06 (5) (title) Short-term detention as a disposition or sanction. The
24county board of supervisors of any county may, by resolution, authorize the court to
25use placement in a secure detention facility or juvenile portion of the county jail as

1a disposition under s. 938.34 (3) (f) or as a sanction under s. 938.355 (6m) (a) 1. or to
2use commitment to a county department under s. 51.42 or 51.437 for special
3treatment or care in an inpatient facility, as defined in s. 51.01 (10), as a disposition
4under s. 938.34 (6) (am). The use by the court of those dispositions or that sanction
5is subject to any resolution adopted under this subsection.
AB686-SSA1, s. 45 6Section 45. 938.125 (2) of the statutes, as affected by 1997 Wisconsin Act 35,
7is amended to read:
AB686-SSA1,14,128 938.125 (2) That the court has exclusive jurisdiction over any juvenile alleged
9to have violated an ordinance enacted under s. 118.163 (2) only if evidence is provided
10by the school attendance officer that the activities under s. 118.16 (5) have been
11completed or were not required to be completed due to the juvenile's absence from
12school
as provided in s. 118.16 (5m).
AB686-SSA1, s. 46 13Section 46. 938.13 (6) of the statutes, as affected by 1997 Wisconsin Act 35,
14is amended to read:
AB686-SSA1,14,1815 938.13 (6) Who is habitually truant from school, if evidence is provided by the
16school attendance officer that the activities under s. 118.16 (5) have been completed
17or were not required to be completed due to the juvenile's absence from school as
18provided in s. 118.16 (5m), except as provided under s. 938.17 (2).
AB686-SSA1, s. 47 19Section 47. 938.17 (2) (a) 1. of the statutes is amended to read:
AB686-SSA1,15,520 938.17 (2) (a) 1. Except as provided in sub. (1), municipal courts have
21concurrent jurisdiction with the court assigned to exercise jurisdiction under this
22chapter and ch. 48 in proceedings against juveniles aged 12 or older for violations of
23county, town or other municipal ordinances. If evidence is provided by the school
24attendance officer that the activities under s. 118.16 (5) have been completed or were
25not required to be completed due to the juvenile's absence from school as provided

1in s. 118.16 (5m), the municipal court specified in subd. 2. may exercise jurisdiction
2in proceedings against a juvenile for a violation of an ordinance enacted under s.
3118.163 (2) regardless of the juvenile's age and regardless of whether the court
4assigned to exercise jurisdiction under this chapter and ch. 48 has jurisdiction under
5s. 938.13 (6).
AB686-SSA1, s. 48 6Section 48. 938.17 (2) (g) of the statutes is amended to read:
AB686-SSA1,15,157 938.17 (2) (g) If the municipal court finds that a juvenile violated a municipal
8ordinance enacted under s. 118.163 (1m), it shall enter a dispositional order under
9s. 938.342 (1d).
If a municipal court finds that a juvenile violated a municipal
10ordinance enacted under s. 118.163 (2), it shall enter a dispositional order under s.
11938.342 (1) (1g), and may enter a dispositional order under s. 938.342 (1m) (a), that
12is consistent with the municipal ordinance. If a municipal court finds that a juvenile
13violated a municipal ordinance enacted under s. 118.163 (2m), it shall enter a
14dispositional order under s. 938.342 (2) that is consistent with the municipal
15ordinance.
AB686-SSA1, s. 49 16Section 49. 938.17 (2) (h) 1. of the statutes is amended to read:
AB686-SSA1,16,517 938.17 (2) (h) 1. If a juvenile who has violated a municipal ordinance, other
18than an ordinance enacted under s. 118.163 (1m) or (2),
violates a condition of his or
19her dispositional order, the municipal court may impose on the juvenile any of the
20sanctions specified in s. 938.355 (6) (d) 2. to 4. that are authorized under par. (cm)
21except for monitoring by an electronic monitoring system or may petition the court
22assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the
23juvenile the sanction specified in s. 938.355 (6) (d) 1. or home detention with
24monitoring by an electronic monitoring system as specified in s. 938.355 (6) (d) 3., if
25authorized under par. (cm), if at the time of judgment the court explained the

1conditions to the juvenile and informed the juvenile of the possible sanctions under
2s. 938.355 (6) (d) that are authorized under par. (cm) for a violation or if before the
3violation the juvenile has acknowledged in writing that he or she has read, or has had
4read to him or her, those conditions and possible sanctions and that he or she
5understands those conditions and possible sanctions.
AB686-SSA1, s. 50 6Section 50. 938.17 (2) (i) of the statutes is created to read:
AB686-SSA1,16,147 938.17 (2) (i) 1. If a juvenile who has violated a municipal ordinance enacted
8under s. 118.163 (1m) violates a condition of his or her dispositional order, the
9municipal court may impose on the juvenile any of the sanctions specified in s.
10938.355 (6m) (ag), if at the time of judgment the court explained those conditions to
11the juvenile and informed the juvenile of those possible sanctions or if before the
12violation the juvenile has acknowledged in writing that he or she has read, or has had
13read to him or her, those conditions and possible sanctions and that he or she
14understands those conditions and possible sanctions.
AB686-SSA1,17,215 2m. If a juvenile who has violated a municipal ordinance enacted under s.
16118.163 (2) violates a condition of his or her dispositional order, the municipal court
17may impose on the juvenile any of the sanctions specified in s. 938.355 (6m) (a) that
18are authorized under par. (cm) except for the sanction specified in s. 938.355 (6m) (a)
191. or may petition the court assigned to exercise jurisdiction under this chapter and
20ch. 48 to impose on the juvenile the sanction specified in s. 938.355 (6m) (a) 1., if
21authorized under par. (cm), if at the time of judgment the court explained the
22conditions to the juvenile and informed the juvenile of the possible sanctions under
23s. 938.355 (6m) (a) that are authorized under par. (cm) for a violation or if before the
24violation the juvenile has acknowledged in writing that he or she has read, or has had

1read to him or her, those conditions and possible sanctions and that he or she
2understands those conditions and possible sanctions.
AB686-SSA1,17,93 3. A motion requesting the municipal court to impose or petition for a sanction
4may be brought by the person or agency primarily responsible for the provision of
5dispositional services, the administrator of the school district in which the juvenile
6is enrolled or resides, the municipal attorney or the court that entered the
7dispositional order. If the court initiates the motion, that court is disqualified from
8holding a hearing on the motion. Notice of the motion shall be given to the juvenile
9and the juvenile's parent, guardian or legal custodian.
AB686-SSA1,17,1110 4. Before imposing any sanction, the court shall hold a hearing, at which the
11juvenile may present evidence.
AB686-SSA1,17,1612 4m. If the court assigned to exercise jurisdiction under this chapter and ch. 48
13imposes the sanction specified in s. 938.355 (6m) (a) 1., on a petition described in
14subd. 2m., that court shall order the municipality of the municipal court that filed
15the petition to pay to the county the cost of providing the sanction imposed under s.
16938.355 (6m) (a) 1.
AB686-SSA1, s. 51 17Section 51. 938.245 (2v) of the statutes is created to read:
AB686-SSA1,17,2118 938.245 (2v) If the deferred prosecution agreement is based on an allegation
19that the juvenile has violated a municipal ordinance enacted under s. 118.163 (2), the
20deferred prosecution agreement may require that the juvenile's parent, guardian or
21legal custodian attend school with the juvenile.
AB686-SSA1, s. 52 22Section 52. 938.245 (5) of the statutes is amended to read:
AB686-SSA1,18,223 938.245 (5) A deferred prosecution agreement under sub. (2) (a) 1. to 8., (2g)
24or (2v).
may be terminated upon the request of the juvenile, parent, guardian or legal

1custodian. A deferred prosecution agreement under sub. (2) (a) 9. may be terminated
2by the court upon the request of the juvenile, parent, guardian or legal custodian.
AB686-SSA1, s. 53 3Section 53. 938.275 (1) (c) of the statutes is amended to read:
AB686-SSA1,18,104 938.275 (1) (c) If the court imposes a sanction on a juvenile as specified in s.
5938.355 (6) (d) or (6m) (a) or (ag) or finds the juvenile in contempt under s. 938.355
6(6g) (b) and orders a disposition under s. 938.34 or if the juvenile is placed in a secure
7detention facility or place of nonsecure custody under s. 938.355 (6d) or 938.534 (1),
8the court shall order the parents of the juvenile to contribute toward the cost of the
9sanction, disposition or placement the proportion of the total amount which the court
10finds the parents are able to pay.
AB686-SSA1, s. 54 11Section 54. 938.32 (1) (a) of the statutes is amended to read:
AB686-SSA1,18,2312 938.32 (1) (a) At any time after the filing of a petition for a proceeding relating
13to s. 938.12 or 938.13 and before the entry of judgment, the judge or juvenile court
14commissioner may suspend the proceedings and place the juvenile under
15supervision in the juvenile's own home or present placement or in a youth village
16program as described in s. 118.42. The court may establish terms and conditions
17applicable to the parent, guardian or legal custodian, and to the juvenile, including
18any of the conditions specified in subs. (1d), (1g), (1m), (1t), (1v) and (1x). The order
19under this section shall be known as a consent decree and must be agreed to by the
20juvenile; the parent, guardian or legal custodian; and the person filing the petition
21under s. 938.25. If the consent decree includes any conditions specified in sub. (1g),
22the consent decree shall include provisions for payment of the services as specified
23in s. 938.361. The consent decree shall be reduced to writing and given to the parties.
AB686-SSA1, s. 55 24Section 55. 938.32 (1v) of the statutes is created to read:
AB686-SSA1,19,4
1938.32 (1v) If the petition alleges that the juvenile is in need of protection or
2services under s. 938.13 (6), the judge or juvenile court commissioner may establish
3as a condition under sub. (1) that the juvenile's parent, guardian or legal custodian
4attend school with the juvenile.
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