AB130, s. 589 15Section 589. 946.42 (2) (b) of the statutes is amended to read:
AB130,385,1916 946.42 (2) (b) Lawfully taken into custody under s. 48.19 938.19 for a violation
17of or lawfully alleged or adjudged under ch. 48 938 to have violated a statutory traffic
18regulation, a statutory provision for which the penalty is a forfeiture or a municipal
19ordinance.
AB130, s. 590 20Section 590. 946.42 (3) (b) of the statutes is amended to read:
AB130,385,2321 946.42 (3) (b) Lawfully taken into custody under s. 48.19 938.19 for or lawfully
22alleged or adjudged under ch. 48 938 to be delinquent on the basis of a violation of
23a criminal law.
AB130, s. 591 24Section 591. 946.42 (3) (c) of the statutes, as affected by 1993 Wisconsin Acts
25377 and 385, is amended to read:
AB130,386,3
1946.42 (3) (c) Subject to a disposition under s. 48.34 938.34 (4g) or (4m), to a
2placement under s. 48.357 938.357 (4) or to aftercare revocation under s. 48.357
3938.357 (5) (e).
AB130, s. 592 4Section 592. 946.42 (3) (d) of the statutes is amended to read:
AB130,386,55 946.42 (3) (d) Subject to an order under s. 48.366 938.366.
AB130, s. 593 6Section 593. 946.44 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts
7377 and 486, is amended to read:
AB130,386,118 946.44 (1) (a) Any officer or employe of an institution where prisoners are
9detained or any officer or employe providing corrective sanctions supervision under
10s.
48.533 or youthful offender supervision under s. 48.537 who intentionally permits
11a prisoner in the officer's or employe's custody to escape; or
AB130, s. 594 12Section 594. 946.44 (2) (c) of the statutes is amended to read:
AB130,386,1413 946.44 (2) (c) "Institution" includes a secured juvenile correctional facility and
14a secured child caring institution, as defined in s. 938.02 (15g)
.
AB130, s. 595 15Section 595. 946.44 (2) (d) of the statutes, as affected by 1993 Wisconsin Acts
16377, 385 and 491, is amended to read:
AB130,386,2117 946.44 (2) (d) "Prisoner" includes a person who is committed to the custody of
18the department of corrections under s. 48.34 938.34 (4g) or placed in a secured
19correctional facility or a secured child caring institution under s. 48.34 938.183,
20938.34
(4m) or 48.357 938.357 (4) or (5) (e) or who is subject to an order under s.
2148.366 938.366.
AB130, s. 596 22Section 596. 946.45 (1) of the statutes, as affected by 1993 Wisconsin Act 377,
23is amended to read:
AB130,387,324 946.45 (1) Any officer or employe of an institution where prisoners are detained
25or any officer or employe providing corrective sanctions supervision under s. 48.533

1or youthful offender supervision under s. 48.537 who, through his or her neglect of
2duty, allows a prisoner in his or her custody to escape is guilty of a Class B
3misdemeanor.
AB130, s. 597 4Section 597. 946.45 (2) (c) of the statutes is amended to read:
AB130,387,65 946.45 (2) (c) "Institution" includes a secured juvenile correctional facility and
6a secured child caring institution, as defined in s. 938.02 (15g)
.
AB130, s. 598 7Section 598. 946.45 (2) (d) of the statutes, as affected by 1993 Wisconsin Acts
8377, 385 and 491, is amended to read:
AB130,387,139 946.45 (2) (d) "Prisoner" includes a person who is committed to the custody of
10the department of corrections under s. 48.34 938.34 (4g) or placed in a secured
11correctional facility or a secured child caring institution under s. 48.34 938.183,
12938.34
(4m) or 48.357 938.357 (4) or (5) (e) or who is subject to an order under s.
1348.366 938.366.
AB130, s. 599 14Section 599. 946.50 of the statutes is created to read:
AB130,387,19 15946.50 Absconding. Any person who is adjudicated delinquent, but who
16intentionally fails to appear before the court assigned to exercise jurisdiction under
17chs. 48 and 938 for his or her dispositional hearing under s. 938.335, and who does
18not return to that court for a dispositional hearing before attaining the age of 17 years
19is guilty of the following:
AB130,387,21 20(1) A Class A felony, if the person was adjudicated delinquent for committing
21an act that would be a Class A felony if committed by an adult.
AB130,387,23 22(2) A Class B felony, if the person was adjudicated delinquent for committing
23an act that would be a Class B felony if committed by an adult.
AB130,387,25 24(3) A Class C felony, if the person was adjudicated delinquent for committing
25an act that would be a Class C felony is committed by an adult.
AB130,388,2
1(4) A Class D felony, if the person was adjudicated delinquent for committing
2an act that would be a Class D felony if committed by an adult.
AB130,388,4 3(5) A Class E felony, if the person was adjudicated delinquent for committing
4an act that would be a Class E felony or a misdemeanor if committed by an adult.
AB130, s. 600 5Section 600. 948.01 (1) of the statutes is amended to read:
AB130,388,96 948.01 (1) "Child" means a person who has not attained the age of 18 years,
7except that for purposes of prosecuting a person who is alleged to have violated a
8state or federal criminal law "child" does not include a person who has attained the
9age of 17 years
.
AB130, s. 601 10Section 601. 948.31 (1) (a) 2. of the statutes is amended to read:
AB130,388,1411 948.31 (1) (a) 2. The department of health and social services or any person,
12county department under s. 46.215, 46.22 or 46.23 or licensed child welfare agency,
13if custody of the child has been transferred under ch. 48 or 938 to that department,
14person or agency.
AB130, s. 602 15Section 602. 948.31 (1) (b) of the statutes is amended to read:
AB130,388,2416 948.31 (1) (b) Except as provided under ch. chs. 48 and 938, whoever
17intentionally causes a child to leave, takes a child away or withholds a child for more
18than 12 hours beyond the court-approved period of physical placement or visitation
19period from a legal custodian with intent to deprive the custodian of his or her
20custody rights without the consent of the custodian is guilty of a Class C felony. This
21paragraph is not applicable if the court has entered an order authorizing the person
22to so take or withhold the child. The fact that joint legal custody has been awarded
23to both parents by a court does not preclude a court from finding that one parent has
24committed a violation of this paragraph.
AB130, s. 603 25Section 603. 948.35 (1) (a) of the statutes is amended to read:
AB130,389,6
1948.35 (1) (a) Except as provided in pars. (b) to (d) or s. 161.455, any person who
2has attained the age of 18 17 years and who, with the intent that a felony be
3committed and under circumstances that indicate unequivocally that he or she has
4the intent, knowingly solicits, advises, hires, directs or counsels a child person 17
5years of age or under
to commit that felony may be fined or imprisoned or both, not
6to exceed the maximum penalty for the felony.
AB130, s. 604 7Section 604. 948.36 (1) of the statutes is amended to read:
AB130,389,148 948.36 (1) Any person who has attained the age of 18 17 years and who, with
9the intent that a Class A felony be committed and under circumstances that indicate
10unequivocally that he or she has that intent, knowingly solicits, advises, hires,
11directs, counsels, employs, uses or otherwise procures a child person 17 years of age
12or under
to commit that Class A felony may, if the Class A felony is committed by the
13child, be imprisoned for not more than 5 years in excess of the maximum period of
14imprisonment provided by law for that Class A felony.
AB130, s. 605 15Section 605. 948.40 (1) of the statutes is amended to read:
AB130,389,1916 948.40 (1) No person may intentionally encourage or contribute to the
17delinquency of a child as defined in s. 48.02 (3m). This subsection includes
18intentionally encouraging or contributing to an act by a child under the age of 12 10
19which would be a delinquent act if committed by a child 12 10 years of age or older.
AB130, s. 606 20Section 606. 948.40 (2) of the statutes is amended to read:
AB130,389,2421 948.40 (2) No person responsible for the child's welfare may, by disregard of the
22welfare of the child, contribute to the delinquency of the child. This subsection
23includes disregard that contributes to an act by a child under the age of 12 10 that
24would be a delinquent act if committed by a child 12 10 years of age or older.
AB130, s. 607 25Section 607. 948.45 (1) of the statutes is amended to read:
AB130,390,4
1948.45 (1) Except as provided in sub. (2), any person 18 17 years of age or older
2who, by any act or omission, knowingly encourages or contributes to the truancy, as
3defined under s. 118.16 (1) (c), of a child person 17 years of age or under is guilty of
4a Class C misdemeanor.
AB130, s. 608 5Section 608. 948.50 (4) (b) of the statutes is amended to read:
AB130,390,86 948.50 (4) (b) Is placed in or transferred to a secured correctional facility, as
7defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02
8(15g)
.
AB130, s. 609 9Section 609. 948.60 (title), (2) and (3) of the statutes are amended to read:
AB130,390,11 10948.60 (title) Possession of a dangerous weapon by a child person
11under 18
.
AB130,390,13 12(2) (a) Any child person under 18 years of age who possesses or goes armed with
13a dangerous weapon is guilty of a Class A misdemeanor.
AB130,390,1614 (b) Except as provided in par. (c), any person who intentionally sells, loans or
15gives a dangerous weapon to a child person under 18 years of age is guilty of a Class
16E felony.
AB130,390,1917 (c) Whoever violates par. (b) is guilty of a Class D C felony if the child person
18under 18 years of age
under par. (b) discharges the firearm and the discharge causes
19death to himself, herself or another.
AB130,390,2320 (d) A child person under 17 years of age who has violated this subsection is
21subject to the provisions of ch. 48 938 unless jurisdiction is waived under s. 48.18
22938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction
23under s. 938.183
.
AB130,391,6 24(3) (a) This section does not apply to a child person under 18 years of age who
25possesses or is armed with a dangerous weapon when the dangerous weapon is being

1used in target practice under the supervision of an adult or in a course of instruction
2in the traditional and proper use of the dangerous weapon under the supervision of
3an adult. This section does not apply to an adult who transfers a dangerous weapon
4to a child person under 18 years of age for use only in target practice under the adult's
5supervision or in a course of instruction in the traditional and proper use of the
6dangerous weapon under the adult's supervision.
AB130,391,117 (b) This section does not apply to a child person under 18 years of age who is
8a member of the armed forces or national guard and who possesses or is armed with
9a dangerous weapon in the line of duty. This section does not apply to an adult who
10is a member of the armed forces or national guard and who transfers a dangerous
11weapon to a child person under 18 years of age in the line of duty.
AB130,391,1612 (c) This section does not apply to a child person under 18 years of age who
13possesses or is armed with a firearm having a barrel 12 inches in length or longer and
14who is in compliance with ss. 29.226 and 29.227. This section does not apply to an
15adult who transfers a firearm having a barrel 12 inches in length or longer to a child
16person under 18 years of age who is in compliance with ss. 29.226 and 29.227.
AB130, s. 610 17Section 610. 948.61 (4) of the statutes is amended to read:
AB130,391,2118 948.61 (4) A child person under 17 years of age who has violated this section
19is subject to the provisions of ch. 48 938, unless jurisdiction is waived under s. 48.18
20938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction
21under s. 938.183
.
AB130, s. 611 22Section 611. 950.02 (1m) of the statutes is amended to read:
AB130,391,2523 950.02 (1m) "Crime" means an act committed in this state which, if committed
24by a competent adult, would constitute a crime, as defined in s. 939.12, or which, if
25committed by a responsible child, would constitute a delinquent act under ch. 48 938.
AB130, s. 612
1Section 612. 967.04 (7) (a) (intro.) of the statutes is amended to read:
AB130,392,62 967.04 (7) (a) (intro.) In any criminal prosecution or any proceeding under ch.
348 or 938, any party may move the court to order the taking of a videotaped deposition
4of a child who has been or is likely to be called as a witness. Upon notice and hearing,
5the court may issue an order for such a deposition if the trial or hearing in which the
6child may be called will commence:
AB130, s. 613 7Section 613. 967.04 (9) of the statutes is amended to read:
AB130,392,148 967.04 (9) In any criminal prosecution or juvenile fact-finding hearing under
9s. 48.31 or 938.31, the court may admit into evidence a videotaped deposition taken
10under subs. (7) and (8) without an additional hearing under s. 908.08. In any
11proceeding under s. 304.06 (3) or 973.10 (2), the hearing examiner may order and
12preside at the taking of a videotaped deposition using the procedure provided in subs.
13(7) and (8) and may admit the videotaped deposition into evidence without an
14additional hearing under s. 908.08.
AB130, s. 614 15Section 614. 968.255 (1) (a) 3. of the statutes is amended to read:
AB130,392,1816 968.255 (1) (a) 3. Taken into custody under s. 48.19 938.19 and there are
17reasonable grounds to believe the child has committed an act which if committed by
18an adult would be covered under subd. 1. or 2.
AB130, s. 615 19Section 615. 968.255 (7) (b) of the statutes is amended to read:
AB130,392,2220 968.255 (7) (b) Is placed in or transferred to a secured correctional facility, as
21defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02
22(15g)
.
AB130, s. 616 23Section 616. 969.01 (4) of the statutes is amended to read:
AB130,393,1624 969.01 (4) Considerations in setting conditions of release. If bail is imposed,
25it shall be only in the amount found necessary to assure the appearance of the

1defendant. Conditions of release, other than monetary conditions, may be imposed
2for the purpose of protecting members of the community from serious bodily harm
3or preventing intimidation of witnesses. Proper considerations in determining
4whether to release the defendant without bail, fixing a reasonable amount of bail or
5imposing other reasonable conditions of release are: the ability of the arrested person
6to give bail, the nature, number and gravity of the offenses and the potential penalty
7the defendant faces, whether the alleged acts were violent in nature, the defendant's
8prior criminal record of criminal convictions and delinquency adjudications, if any,
9the character, health, residence and reputation of the defendant, the character and
10strength of the evidence which has been presented to the judge, whether the
11defendant is currently on probation or parole, whether the defendant is already on
12bail or subject to other release conditions in other pending cases, whether the
13defendant has been bound over for trial after a preliminary examination, whether
14the defendant has in the past forfeited bail or violated a condition of release or was
15a fugitive from justice at the time of arrest, and the policy against unnecessary
16detention of the defendant's pending trial.
AB130, s. 617 17Section 617. 970.032 (title) and (1) of the statutes are amended to read:
AB130,394,4 18970.032 (title) Preliminary examination; child accused of committing
19assault or battery in a secured correctional facility
or a secured child
20caring institution
. (1) Notwithstanding s. 970.03, if a preliminary examination
21is held regarding a child who is accused of violating s. 940.20 (1) or 946.43 while
22placed in a secured correctional facility, as defined in s. 48.02 938.02 (15m), or a
23secured child caring institution, as defined in s. 938.02 (15g)
, the court shall first
24determine whether there is probable cause to believe that the child has committed
25a violation of s. 940.20 (1) or 946.43 while placed in a secured correctional facility, as

1defined in s. 48.02 938.02 (15m), or a secured child caring institution, as defined in
2s. 938.02 (15g)
. If the court does not make that finding, the court shall order that the
3child be discharged but proceedings may be brought regarding the child under ch.
448 938.
AB130, s. 618 5Section 618. 970.032 (2) (intro.) of the statutes is amended to read:
AB130,394,96 970.032 (2) (intro.)  If the court finds probable cause as specified in sub. (1), the
7court shall determine whether to retain jurisdiction or to transfer jurisdiction to the
8court assigned to exercise jurisdiction under ch. chs. 48 and 938. The court shall
9retain jurisdiction unless the court finds all of the following:
AB130, s. 619 10Section 619. 970.032 (2) (b) of the statutes is amended to read:
AB130,394,1311 970.032 (2) (b) That transferring jurisdiction to the court assigned to exercise
12jurisdiction under ch. chs. 48 and 938 would not depreciate the seriousness of the
13offense.
AB130, s. 620 14Section 620. 970.032 (2) (c) of the statutes is amended to read:
AB130,394,1815 970.032 (2) (c) That retaining jurisdiction is not necessary to deter the child or
16other children from committing violations of s. 940.20 (1) or 946.43 or other similar
17offenses while placed in a secured correctional facility, as defined in s. 48.02 938.02
18(15m), or a secured child caring institution, as defined in s. 938.02 (15g).
AB130, s. 621 19Section 621. 970.035 of the statutes is amended to read:
AB130,395,6 20970.035 Preliminary examination; child younger than 16 years old.
21Notwithstanding s. 970.03, if a preliminary examination under s. 970.03 is held
22regarding a child who was waived under s. 48.18 938.18 for a violation which is
23alleged to have occurred prior to his or her 16th 15th birthday, the court may bind
24the child over for trial only if there is probable cause to believe that a crime under
25s. 940.01 has been attempted or committed, that a crime under s. 161.41 (1), 940.02,

1940.05,
940.06, 940.225 (1) or (2), 940.305, 940.31 or, 943.10 (2) or 943.32 (2) has been
2committed or that a crime that would constitute a felony under ch. 161 or under chs.
3939 to 948 if committed by an adult has been committed at the request of or for the
4benefit of a criminal gang, as defined in s. 939.22 (9). If the court does not make any
5of those findings, the court shall order that the child be discharged but proceedings
6may be brought regarding the child under ch. 48 938.
AB130, s. 622 7Section 622. 971.105 of the statutes is amended to read:
AB130,395,16 8971.105 Child victims and witnesses; duty to expedite proceedings. In
9all criminal and delinquency cases, juvenile fact-finding hearings under s. 48.31 and
10juvenile dispositional hearings under s. 48.335 involving a child victim or witness,
11as defined in s. 950.02, the court and the district attorney shall take appropriate
12action to ensure a speedy trial in order to minimize the length of time the child must
13endure the stress of the child's involvement in the proceeding. In ruling on any
14motion or other request for a delay or continuance of proceedings, the court shall
15consider and give weight to any adverse impact the delay or continuance may have
16on the well-being of a child victim or witness.
AB130, s. 623 17Section 623. 972.14 (3) of the statutes is amended to read:
AB130,395,2218 972.14 (3) (a) Before pronouncing sentence in a felony case, the court shall also
19allow a victim or family member of a homicide victim to make a statement or submit
20a written statement to be read in court. The court may allow any other person to
21make or submit a statement under this paragraph. Any statement under this
22paragraph must be relevant to the sentence.
AB130,396,423 (b) After a conviction in a felony case, if the district attorney knows of a victim
24or family member of a homicide or felony murder victim, the district attorney shall
25attempt to contact that person to inform him or her of the right to make or provide

1a statement under par. (a). The district attorney may mail a letter or form to comply
2with this paragraph.
Any failure to comply with this paragraph is not a ground for
3an appeal of a judgment of conviction or for any court to reverse or modify a judgment
4of conviction.
AB130, s. 624 5Section 624. 973.013 (3m) of the statutes is amended to read:
AB130,396,226 973.013 (3m) If a person who has not attained the age of 16 years is sentenced
7to the Wisconsin state prisons, the department of corrections shall place the person
8at a secured juvenile correctional facility or a secured child caring institution, as
9defined in s. 938.02 (15g)
, unless the department of health and social services, after
10consultation with the department of corrections, determines that placement in an
11institution under s. 302.01 is appropriate based on the person's prior record of
12adjustment in a correctional setting, if any; the person's present and potential
13vocational and educational needs, interests and abilities; the adequacy and
14suitability of available facilities; the services and procedures available for treatment
15of the person within the various institutions; the protection of the public; and any
16other considerations promulgated by the department of health and social services by
17rule. This subsection does not preclude the department of corrections from
18designating an adult correctional institution as a reception center for the person and
19subsequently transferring the person to a secured juvenile correctional facility or a
20secured child caring institution
. Section 302.11 and ch. 304 apply to all persons
21placed in a secured juvenile correctional facility or a secured child caring institution
22under this subsection.
AB130, s. 625 23Section 625. 976.08 of the statutes is amended to read:
AB130,397,2 24976.08 Additional applicability. In this chapter, "prisoner" includes any
25person subject to an order under s. 48.366 938.183 or 938.366 who is confined to a

1Wisconsin state prison and any person subject to an order under s. 938.34 (4g) who
2is 17 years of age or older
.
AB130, s. 626 3Section 626. 977.02 (3) of the statutes is amended to read:
AB130,397,84 977.02 (3) Promulgate rules regarding the determination of indigency of
5persons entitled to be represented by counsel, other than children who are entitled
6to be represented by counsel under s. 48.23 or 938.23, including the time period in
7which the determination must be made and the criteria to be used to determine
8indigency and partial indigency.
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