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. 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30. 118.163 (1) (b) of the statutes is repealed and recreated to read: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-SSA1,10,22
118.163
(1) (c) "Operating privilege" has the meaning given in s. 340.01 (40).
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-SSA1,10,108
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-SSA1,10,2319
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-SSA1,11,10
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-SSA1,11,1312
118.163
(2) (d) An order for the person to attend an educational program
under 13as described in s. 938.34 (7d).
AB686-SSA1,11,1615
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-SSA1,12,2117
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-SSA1,13,54
118.163
(4) A person who is under 17 years of age on the date of disposition is
5subject to s. 938.342.
AB686-SSA1,13,218
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-SSA1,14,523
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-SSA1,14,128
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-SSA1,14,1815
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-SSA1,15,157
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-SSA1,16,147
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-SSA1,17,2118
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-SSA1,18,223
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-SSA1,18,104
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-SSA1,18,2312
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-SSA1,19,4
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.
AB686-SSA1, s. 56
5Section
56. 938.342 (1) of the statutes is renumbered 938.342 (1g), and
6938.342 (1g) (a) and (b), as renumbered, are amended to read:
AB686-SSA1,19,117
938.342
(1g) (a) Suspend the person's operating privilege, as defined in s.
8340.01 (40), for not less than 30 days nor more than
90 days one year. The court shall
9immediately take possession of the suspended license and forward it to the
10department of transportation together with a notice stating the reason for and
11duration of the suspension.
AB686-SSA1,19,2012
(b) Order the person to participate in counseling or a supervised work program
13or other community service work
under as described in s. 938.34 (5g).
The costs of
14any such counseling, supervised work program or other community service work
15may be assessed against the person, the parents or guardian of the person, or both.
16Any county department, community agency, public agency or nonprofit charitable
17organization administering a supervised work program or other community service
18work to which a person is assigned pursuant to an order under this paragraph acting
19in good faith has immunity from any civil liability in excess of $25,000 for any act or
20omission by or impacting on that person.
AB686-SSA1,19,2522
938.342
(1d) If the court finds that the person violated a municipal ordinance
23enacted under s. 118.163 (1m), the court shall enter an order making one or more of
24the following dispositions if such a disposition is authorized by the municipal
25ordinance:
AB686-SSA1,20,1
1(a) Order the person to attend school.
AB686-SSA1,20,72
(b) Impose a forfeiture of not more than $50 plus costs for a first violation, or
3a forfeiture of not more than $100 plus costs for any 2nd or subsequent violation
4committed within 12 months of a previous violation, subject to s. 938.37 and subject
5to a maximum cumulative forfeiture amount of not more than $500 for all violations
6committed during a school semester. All or part of the forfeiture plus costs may be
7assessed against the person, the parent or guardian of the person, or both.
AB686-SSA1, s. 58
8Section
58. 938.342 (1g) (g) to (j) of the statutes are created to read:
AB686-SSA1,20,99
938.342
(1g) (g) Order the person to attend school.
AB686-SSA1,20,1210
(h) Impose a forfeiture of not more than $500 plus costs, subject to s. 938.37.
11All or part of the forfeiture plus costs may be assessed against the person, the parent
12or guardian of the person, or both.
AB686-SSA1,20,1613
(i) Order the person to comply with any other reasonable conditions that are
14consistent with this subsection, including a curfew, restrictions as to going to or
15remaining on specified premises and restrictions on associating with other juveniles
16or adults.
AB686-SSA1,20,1817
(j) Place the person under formal or informal supervision, as described in s.
18938.34 (2), for up to one year.
AB686-SSA1,20,2520
938.342
(1m) (a) If the court finds that the person violated a municipal
21ordinance enacted under s. 118.163 (2), the court may, in addition to or instead of the
22dispositions under sub.
(1) (1g), order the person's parent, guardian or legal
23custodian to participate in counseling at the parent's, guardian's or legal custodian's
24own expense
or to attend school with the person, or both, if such a disposition is
25authorized by the municipal ordinance.
AB686-SSA1,21,92
938.342
(1m) (am) If the court finds that the person violated a municipal
3ordinance enacted under s. 118.163 (1m), the court may, as part of the disposition
4under sub. (1d), order the person's parent or guardian to pay all or part of a forfeiture
5plus costs assessed under sub. (1d) (b). If the court finds that the person violated a
6municipal ordinance enacted under s. 118.163 (2), the court may, as part of the
7dispositions under sub. (1g), order the person's parent or guardian to pay all or part
8of the costs of any program ordered under sub. (1g) (b) or to pay all or part of a
9forfeiture plus costs assessed under sub. (1g) (h).
AB686-SSA1,21,2011
938.342
(1m) (b) No order to any parent, guardian or legal custodian under par.
12(a)
or (am) may be entered until the parent, guardian or legal custodian is given an
13opportunity to be heard on the contemplated order of the court. The court shall cause
14notice of the time, place and purpose of the hearing to be served on the parent,
15guardian or legal custodian personally at least 10 days before the date of the hearing.
16The procedure in these cases shall, as far as practicable, be the same as in other cases
17to the court. At the hearing, the parent, guardian or legal custodian may be
18represented by counsel and may produce and cross-examine witnesses. Any parent,
19guardian or legal custodian who fails to comply with any order issued by a court
20under par. (a)
or (am) may be proceeded against for contempt of court.
AB686-SSA1,21,2522
938.342
(2) (a) Except as provided in par. (b), if the court finds that a person
23is subject to a municipal ordinance enacted under s. 118.163 (2m)
(a), the court shall
24enter an order suspending the person's operating privilege, as defined in s. 340.01
25(40), until the person reaches the age of 18.
AB686-SSA1,22,52
938.342
(2) (b) The court may enter an order making any of the dispositions
3specified under sub.
(1) (1g) if the court finds that suspension of the person's
4operating privilege, as defined in s. 340.01 (40), until the person reaches the age of
518 would cause an undue hardship to the person or the
juvenile's person's family.
AB686-SSA1,22,137
938.345
(2) If the court finds that a juvenile is in need of protection or services
8based on the fact that the juvenile is a school dropout, as defined in s. 118.153 (1) (b),
9or based on habitual truancy, and the court also finds that the reason the juvenile has
10dropped out of school or is a habitual truant is a result of the juvenile's intentional
11refusal to attend school rather than the failure of any other person to comply with
12s. 118.15 (1) (a)
or (am), the court, instead of or in addition to any other disposition
13imposed under sub. (1), may enter an order permitted under s. 938.342.