AB130: Bill Text

AB130, s. 585 Section 585. 939.635 (2) (b) of the statutes is amended to read:

AB130,384,8 939.635 (2) (b) That imposing the applicable presumptive minimum sentence specified in sub. (1) is not necessary to deter the person or other persons from committing violations of s. 940.20 (1) or 946.43 or other similar offenses while placed in a secured correctional facility, as defined in s. 48.02 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g).

AB130, s. 586 Section 586. 941.29 (2) of the statutes is amended to read:

AB130,384,15 941.29 (2) Any person specified in sub. (1) who, subsequent to the conviction for the felony or other crime, as specified in sub. (1), subsequent to the adjudication, as specified in sub. (1) (bm), or subsequent to the finding of not guilty or not responsible by reason of insanity or mental disease, defect or illness, possesses a firearm is guilty of a Class E felony. Whoever violates this section after being convicted under this section is guilty of a Class D felony.

AB130, s. 587 Section 587. 946.42 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385, is amended to read:

AB130,385,10 946.42 (1) (a) "Custody" includes without limitation actual custody of an institution, including a secured juvenile correctional facility, a secured child caring institution, as defined in s. 938.02 (15g), a secure detention facility, as defined under s. 48.02 938.02 (16), or a juvenile portion of a county jail, or of a peace officer or institution guard and constructive custody of prisoners and juveniles subject to an order under s. 48.34 (4m), 48.357 (4) or (5) (e) or 48.366 938.183, 938.34 (4g) or (4m), 938.357 (4) or (5) (e) or 938.366 temporarily outside the institution whether for the purpose of work, school, medical care, a leave granted under s. 303.068, a temporary leave or furlough granted to a juvenile or otherwise. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the county to which the prisoner was transferred after conviction. "Custody" also includes the custody by the department of health and social services of a child who is placed in the community under corrective sanctions supervision under s. 48.533 and custody by the department of corrections of a person who is placed in the community under youthful offender supervision under s. 48.537. It does not include the custody of a probationer or parolee by the department of corrections or a probation or parole officer or the custody of a person who has been released to aftercare supervision under ch. 48 938 unless the person is in actual custody.

AB130, s. 588 Section 588. 946.42 (1) (c) of the statutes is amended to read:

AB130,385,14 946.42 (1) (c) "Legal arrest" includes without limitation an arrest pursuant to process fair on its face notwithstanding insubstantial irregularities and also includes taking a child into custody under s. 48.19 938.19.

AB130, s. 589 Section 589. 946.42 (2) (b) of the statutes is amended to read:

AB130,385,19 946.42 (2) (b) Lawfully taken into custody under s. 48.19 938.19 for a violation of or lawfully alleged or adjudged under ch. 48 938 to have violated a statutory traffic regulation, a statutory provision for which the penalty is a forfeiture or a municipal ordinance.

AB130, s. 590 Section 590. 946.42 (3) (b) of the statutes is amended to read:

AB130,385,23 946.42 (3) (b) Lawfully taken into custody under s. 48.19 938.19 for or lawfully alleged or adjudged under ch. 48 938 to be delinquent on the basis of a violation of a criminal law.

AB130, s. 591 Section 591. 946.42 (3) (c) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385, is amended to read:

AB130,386,3 946.42 (3) (c) Subject to a disposition under s. 48.34 938.34 (4g) or (4m), to a placement under s. 48.357 938.357 (4) or to aftercare revocation under s. 48.357 938.357 (5) (e).

AB130, s. 592 Section 592. 946.42 (3) (d) of the statutes is amended to read:

AB130,386,5 946.42 (3) (d) Subject to an order under s. 48.366 938.366.

AB130, s. 593 Section 593. 946.44 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377 and 486, is amended to read:

AB130,386,11 946.44 (1) (a) Any officer or employe of an institution where prisoners are detained or any officer or employe providing corrective sanctions supervision under s. 48.533 or youthful offender supervision under s. 48.537 who intentionally permits a prisoner in the officer's or employe's custody to escape; or

AB130, s. 594 Section 594. 946.44 (2) (c) of the statutes is amended to read:

AB130,386,14 946.44 (2) (c) "Institution" includes a secured juvenile correctional facility and a secured child caring institution, as defined in s. 938.02 (15g).

AB130, s. 595 Section 595. 946.44 (2) (d) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491, is amended to read:

AB130,386,21 946.44 (2) (d) "Prisoner" includes a person who is committed to the custody of the department of corrections under s. 48.34 938.34 (4g) or placed in a secured correctional facility or a secured child caring institution under s. 48.34 938.183, 938.34 (4m) or 48.357 938.357 (4) or (5) (e) or who is subject to an order under s. 48.366 938.366.

AB130, s. 596 Section 596. 946.45 (1) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130,387,3 946.45 (1) Any officer or employe of an institution where prisoners are detained or any officer or employe providing corrective sanctions supervision under s. 48.533 or youthful offender supervision under s. 48.537 who, through his or her neglect of duty, allows a prisoner in his or her custody to escape is guilty of a Class B misdemeanor.

AB130, s. 597 Section 597. 946.45 (2) (c) of the statutes is amended to read:

AB130,387,6 946.45 (2) (c) "Institution" includes a secured juvenile correctional facility and a secured child caring institution, as defined in s. 938.02 (15g).

AB130, s. 598 Section 598. 946.45 (2) (d) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491, is amended to read:

AB130,387,13 946.45 (2) (d) "Prisoner" includes a person who is committed to the custody of the department of corrections under s. 48.34 938.34 (4g) or placed in a secured correctional facility or a secured child caring institution under s. 48.34 938.183, 938.34 (4m) or 48.357 938.357 (4) or (5) (e) or who is subject to an order under s. 48.366 938.366.

AB130, s. 599 Section 599. 946.50 of the statutes is created to read:

AB130,387,19 946.50 Absconding. 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 is guilty of the following:

AB130,387,21 (1) A Class A felony, if the person was adjudicated delinquent for committing an act that would be a Class A felony if committed by an adult.

AB130,387,23 (2) A Class B felony, if the person was adjudicated delinquent for committing an act that would be a Class B felony if committed by an adult.

AB130,387,25 (3) A Class C felony, if the person was adjudicated delinquent for committing an act that would be a Class C felony is committed by an adult.

AB130,388,2 (4) A Class D felony, if the person was adjudicated delinquent for committing an act that would be a Class D felony if committed by an adult.

AB130,388,4 (5) A Class E felony, if the person was adjudicated delinquent for committing an act that would be a Class E felony or a misdemeanor if committed by an adult.

AB130, s. 600 Section 600. 948.01 (1) of the statutes is amended to read:

AB130,388,9 948.01 (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.

AB130, s. 601 Section 601. 948.31 (1) (a) 2. of the statutes is amended to read:

AB130,388,14 948.31 (1) (a) 2. The department of health and social services or any person, county department under s. 46.215, 46.22 or 46.23 or licensed child welfare agency, if custody of the child has been transferred under ch. 48 or 938 to that department, person or agency.

AB130, s. 602 Section 602. 948.31 (1) (b) of the statutes is amended to read:

AB130,388,24 948.31 (1) (b) Except as provided under ch. chs. 48 and 938, whoever intentionally causes a child to leave, takes a child away or withholds a child for more than 12 hours beyond the court-approved period of physical placement or visitation period from a legal custodian with intent to deprive the custodian of his or her custody rights without the consent of the custodian is guilty of a Class C felony. This paragraph is not applicable if the court has entered an order authorizing the person to so take or withhold the child. The fact that joint legal custody has been awarded to both parents by a court does not preclude a court from finding that one parent has committed a violation of this paragraph.

AB130, s. 603 Section 603. 948.35 (1) (a) of the statutes is amended to read:

AB130,389,6 948.35 (1) (a) Except as provided in pars. (b) to (d) or s. 161.455, any person who has attained the age of 18 17 years and who, with the intent that a felony be committed and under circumstances that indicate unequivocally that he or she has the intent, knowingly solicits, advises, hires, directs or counsels a child person 17 years of age or under to commit that felony may be fined or imprisoned or both, not to exceed the maximum penalty for the felony.

AB130, s. 604 Section 604. 948.36 (1) of the statutes is amended to read:

AB130,389,14 948.36 (1) Any person who has attained the age of 18 17 years and who, with the intent that a Class A felony be committed and under circumstances that indicate unequivocally that he or she has that intent, knowingly solicits, advises, hires, directs, counsels, employs, uses or otherwise procures a child person 17 years of age or under to commit that Class A felony may, if the Class A felony is committed by the child, be imprisoned for not more than 5 years in excess of the maximum period of imprisonment provided by law for that Class A felony.

AB130, s. 605 Section 605. 948.40 (1) of the statutes is amended to read:

AB130,389,19 948.40 (1) No person may intentionally encourage or contribute to the delinquency of a child as defined in s. 48.02 (3m). This subsection includes intentionally encouraging or contributing to an act by a child under the age of 12 10 which would be a delinquent act if committed by a child 12 10 years of age or older.

AB130, s. 606 Section 606. 948.40 (2) of the statutes is amended to read:

AB130,389,24 948.40 (2) No person responsible for the child's welfare may, by disregard of the welfare of the child, contribute to the delinquency of the child. This subsection includes disregard that contributes to an act by a child under the age of 12 10 that would be a delinquent act if committed by a child 12 10 years of age or older.

AB130, s. 607 Section 607. 948.45 (1) of the statutes is amended to read:

AB130,390,4 948.45 (1) Except as provided in sub. (2), any person 18 17 years of age or older who, by any act or omission, knowingly encourages or contributes to the truancy, as defined under s. 118.16 (1) (c), of a child person 17 years of age or under is guilty of a Class C misdemeanor.

AB130, s. 608 Section 608. 948.50 (4) (b) of the statutes is amended to read:

AB130,390,8 948.50 (4) (b) Is placed in or transferred to a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g).

AB130, s. 609 Section 609. 948.60 (title), (2) and (3) of the statutes are amended to read:

AB130,390,11 948.60 (title) Possession of a dangerous weapon by a child person under 18.

AB130,390,13 (2) (a) Any child person under 18 years of age who possesses or goes armed with a dangerous weapon is guilty of a Class A misdemeanor.

AB130,390,16 (b) Except as provided in par. (c), any person who intentionally sells, loans or gives a dangerous weapon to a child person under 18 years of age is guilty of a Class E felony.

AB130,390,19 (c) Whoever violates par. (b) is guilty of a Class D C felony if the child person under 18 years of age under par. (b) discharges the firearm and the discharge causes death to himself, herself or another.

AB130,390,23 (d) A child person under 17 years of age who has violated this subsection is subject to the provisions of ch. 48 938 unless jurisdiction is waived under s. 48.18 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.

AB130,391,6 (3) (a) This section does not apply to a child person under 18 years of age who possesses or is armed with a dangerous weapon when the dangerous weapon is being used in target practice under the supervision of an adult or in a course of instruction in the traditional and proper use of the dangerous weapon under the supervision of an adult. This section does not apply to an adult who transfers a dangerous weapon to a child person under 18 years of age for use only in target practice under the adult's supervision or in a course of instruction in the traditional and proper use of the dangerous weapon under the adult's supervision.

AB130,391,11 (b) This section does not apply to a child person under 18 years of age who is a member of the armed forces or national guard and who possesses or is armed with a dangerous weapon in the line of duty. This section does not apply to an adult who is a member of the armed forces or national guard and who transfers a dangerous weapon to a child person under 18 years of age in the line of duty.

AB130,391,16 (c) This section does not apply to a child person under 18 years of age who possesses or is armed with a firearm having a barrel 12 inches in length or longer and who is in compliance with ss. 29.226 and 29.227. This section does not apply to an adult who transfers a firearm having a barrel 12 inches in length or longer to a child person under 18 years of age who is in compliance with ss. 29.226 and 29.227.

AB130, s. 610 Section 610. 948.61 (4) of the statutes is amended to read:

AB130,391,21 948.61 (4) A child person under 17 years of age who has violated this section is subject to the provisions of ch. 48 938, unless jurisdiction is waived under s. 48.18 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.

AB130, s. 611 Section 611. 950.02 (1m) of the statutes is amended to read:

AB130,391,25 950.02 (1m) "Crime" means an act committed in this state which, if committed by a competent adult, would constitute a crime, as defined in s. 939.12, or which, if committed by a responsible child, would constitute a delinquent act under ch. 48 938.

AB130, s. 612 Section 612. 967.04 (7) (a) (intro.) of the statutes is amended to read:

AB130,392,6 967.04 (7) (a) (intro.) In any criminal prosecution or any proceeding under ch. 48 or 938, any party may move the court to order the taking of a videotaped deposition of a child who has been or is likely to be called as a witness. Upon notice and hearing, the court may issue an order for such a deposition if the trial or hearing in which the child may be called will commence:

AB130, s. 613 Section 613. 967.04 (9) of the statutes is amended to read:

AB130,392,14 967.04 (9) In any criminal prosecution or juvenile fact-finding hearing under s. 48.31 or 938.31, the court may admit into evidence a videotaped deposition taken under subs. (7) and (8) without an additional hearing under s. 908.08. In any proceeding under s. 304.06 (3) or 973.10 (2), the hearing examiner may order and preside at the taking of a videotaped deposition using the procedure provided in subs. (7) and (8) and may admit the videotaped deposition into evidence without an additional hearing under s. 908.08.

AB130, s. 614 Section 614. 968.255 (1) (a) 3. of the statutes is amended to read:

AB130,392,18 968.255 (1) (a) 3. Taken into custody under s. 48.19 938.19 and there are reasonable grounds to believe the child has committed an act which if committed by an adult would be covered under subd. 1. or 2.

AB130, s. 615 Section 615. 968.255 (7) (b) of the statutes is amended to read:

AB130,392,22 968.255 (7) (b) Is placed in or transferred to a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g).

AB130, s. 616 Section 616. 969.01 (4) of the statutes is amended to read:

AB130,393,16 969.01 (4) Considerations in setting conditions of release. If bail is imposed, it shall be only in the amount found necessary to assure the appearance of the defendant. Conditions of release, other than monetary conditions, may be imposed for the purpose of protecting members of the community from serious bodily harm or preventing intimidation of witnesses. Proper considerations in determining whether to release the defendant without bail, fixing a reasonable amount of bail or imposing other reasonable conditions of release are: the ability of the arrested person to give bail, the nature, number and gravity of the offenses and the potential penalty the defendant faces, whether the alleged acts were violent in nature, the defendant's prior criminal record of criminal convictions and delinquency adjudications, if any, the character, health, residence and reputation of the defendant, the character and strength of the evidence which has been presented to the judge, whether the defendant is currently on probation or parole, whether the defendant is already on bail or subject to other release conditions in other pending cases, whether the defendant has been bound over for trial after a preliminary examination, whether the defendant has in the past forfeited bail or violated a condition of release or was a fugitive from justice at the time of arrest, and the policy against unnecessary detention of the defendant's pending trial.

AB130, s. 617 Section 617. 970.032 (title) and (1) of the statutes are amended to read:

AB130,394,4 970.032 (title) Preliminary examination; child accused of committing assault or battery in a secured correctional facility or a secured child caring institution. (1) Notwithstanding s. 970.03, if a preliminary examination is held regarding a child who is accused of violating s. 940.20 (1) or 946.43 while placed in a secured correctional facility, as defined in s. 48.02 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), the court shall first determine whether there is probable cause to believe that the child has committed a violation of s. 940.20 (1) or 946.43 while placed in a secured correctional facility, as defined in s. 48.02 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g). If the court does not make that finding, the court shall order that the child be discharged but proceedings may be brought regarding the child under ch. 48 938.

AB130, s. 618 Section 618. 970.032 (2) (intro.) of the statutes is amended to read:

AB130,394,9 970.032 (2) (intro.)  If the court finds probable cause as specified in sub. (1), the court shall determine whether to retain jurisdiction or to transfer jurisdiction to the court assigned to exercise jurisdiction under ch. chs. 48 and 938. The court shall retain jurisdiction unless the court finds all of the following:

AB130, s. 619 Section 619. 970.032 (2) (b) of the statutes is amended to read:

AB130,394,13 970.032 (2) (b) That transferring jurisdiction to the court assigned to exercise jurisdiction under ch. chs. 48 and 938 would not depreciate the seriousness of the offense.

AB130, s. 620 Section 620. 970.032 (2) (c) of the statutes is amended to read:

AB130,394,18 970.032 (2) (c) That retaining jurisdiction is not necessary to deter the child or other children from committing violations of s. 940.20 (1) or 946.43 or other similar offenses while placed in a secured correctional facility, as defined in s. 48.02 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g).

AB130, s. 621 Section 621. 970.035 of the statutes is amended to read:

AB130,395,6 970.035 Preliminary examination; child younger than 16 years old. Notwithstanding s. 970.03, if a preliminary examination under s. 970.03 is held regarding a child who was waived under s. 48.18 938.18 for a violation which is alleged to have occurred prior to his or her 16th 15th birthday, the court may bind the child over for trial only if there is probable cause to believe that a crime under s. 940.01 has been attempted or committed, that a crime under s. 161.41 (1), 940.02, 940.05, 940.06, 940.225 (1) or (2), 940.305, 940.31 or, 943.10 (2) or 943.32 (2) has been committed or that a crime that would constitute a felony under ch. 161 or under chs. 939 to 948 if committed by an adult has been committed at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9). If the court does not make any of those findings, the court shall order that the child be discharged but proceedings may be brought regarding the child under ch. 48 938.

AB130, s. 622 Section 622. 971.105 of the statutes is amended to read:

AB130,395,16 971.105 Child victims and witnesses; duty to expedite proceedings. In all criminal and delinquency cases, juvenile fact-finding hearings under s. 48.31 and juvenile dispositional hearings under s. 48.335 involving a child victim or witness, as defined in s. 950.02, the court and the district attorney shall take appropriate action to ensure a speedy trial in order to minimize the length of time the child must endure the stress of the child's involvement in the proceeding. In ruling on any motion or other request for a delay or continuance of proceedings, the court shall consider and give weight to any adverse impact the delay or continuance may have on the well-being of a child victim or witness.

AB130, s. 623 Section 623. 972.14 (3) of the statutes is amended to read: