AB130: Bill Text Engrossed

AB130-engrossed,396,19 946.45 (2) (d) "Prisoner" includes a person who is committed to the supervision of the department of corrections under s. 938.34 (4h) or placed in a secured correctional facility under s. 938.34 (4m) or 938.357 (4) or (5) (e) or who is subject to an order under s. 48.366.

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

AB130-engrossed,396,25 946.50 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-engrossed,397,2 (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-engrossed,397,4 (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-engrossed,397,6 (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-engrossed,397,8 (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-engrossed,397,10 (5) A Class E felony, if the person was adjudicated delinquent for committing an act that would be a Class E felony if committed by an adult.

AB130-engrossed,397,12 (6) A Class A misdemeanor, if the person was adjudicated delinquent for committing an act that would be a misdemeanor if committed by an adult.

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

AB130-engrossed,397,17 948.01 (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-engrossed, s. 601 Section 601. 948.31 (1) (a) 2. of the statutes is amended to read:

AB130-engrossed,397,22 948.31 (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-engrossed, s. 602 Section 602. 948.31 (1) (b) of the statutes is amended to read:

AB130-engrossed,398,7 948.31 (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-engrossed, s. 603 Section 603. 948.35 (1) (a) of the statutes is amended to read:

AB130-engrossed,398,14 948.35 (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-engrossed, s. 604 Section 604. 948.36 (1) of the statutes is amended to read:

AB130-engrossed,398,22 948.36 (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-engrossed, s. 605 Section 605. 948.40 (1) of the statutes is amended to read:

AB130-engrossed,399,2 948.40 (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-engrossed, s. 606 Section 606. 948.40 (2) of the statutes is amended to read:

AB130-engrossed,399,7 948.40 (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-engrossed, s. 607 Section 607. 948.45 (1) of the statutes is amended to read:

AB130-engrossed,399,12 948.45 (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-engrossed, s. 608 Section 608. 948.50 (4) (b) of the statutes is amended to read:

AB130-engrossed,399,16 948.50 (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-engrossed, s. 609 Section 609. 948.60 (title), (2) and (3) of the statutes are amended to read:

AB130-engrossed,399,19 948.60 (title) Possession of a dangerous weapon by a child person under 18.

AB130-engrossed,399,21 (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-engrossed,399,24 (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-engrossed,400,3 (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-engrossed,400,7 (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-engrossed,400,15 (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-engrossed,400,20 (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-engrossed,400,25 (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-engrossed, s. 610 Section 610. 948.61 (4) of the statutes is amended to read:

AB130-engrossed,401,5 948.61 (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-engrossed, s. 611 Section 611. 950.02 (1m) of the statutes is amended to read:

AB130-engrossed,401,9 950.02 (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-engrossed, s. 612 Section 612. 967.04 (7) (a) (intro.) of the statutes is amended to read:

AB130-engrossed,401,15 967.04 (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-engrossed, s. 613 Section 613. 967.04 (9) of the statutes is amended to read:

AB130-engrossed,401,23 967.04 (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-engrossed, s. 614 Section 614. 968.255 (1) (a) 3. of the statutes is amended to read:

AB130-engrossed,402,3 968.255 (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-engrossed, s. 615 Section 615. 968.255 (7) (b) of the statutes is amended to read:

AB130-engrossed,402,7 968.255 (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-engrossed, s. 616 Section 616. 969.01 (4) of the statutes is amended to read:

AB130-engrossed,403,2 969.01 (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-engrossed, s. 617 Section 617. 970.032 (title) and (1) of the statutes are amended to read:

AB130-engrossed,403,17 970.032 (title) Preliminary examination; child accused of committing assault or battery in a secured correctional facility, a secure detention facility or a secured child caring institution. (1) Notwithstanding s. 970.03, if a preliminary examination is held regarding a child who has been adjudicated delinquent and 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), a secure detention facility, as defined in s. 938.02 (16), 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 been adjudicated delinquent and 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), a secure detention facility, as defined in s. 938.02 (16), or a secured child caring institution, as defined in s. 938.02 (15g). If the court does not make that finding those findings, the court shall order that the child be discharged but proceedings may be brought regarding the child under ch. 48 938.

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

AB130-engrossed,403,22 970.032 (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-engrossed, s. 619 Section 619. 970.032 (2) (b) of the statutes is amended to read:

AB130-engrossed,404,3 970.032 (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-engrossed, s. 620 Section 620. 970.032 (2) (c) of the statutes is amended to read:

AB130-engrossed,404,9 970.032 (2) (c) That retaining jurisdiction is not necessary to deter the child or other children who have been adjudicated delinquent 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), a secure detention facility, as defined in s. 938.02 (16), or a secured child caring institution, as defined in s. 938.02 (15g).

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

AB130-engrossed,404,22 970.035 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-engrossed, s. 622 Section 622. 971.105 of the statutes is amended to read:

AB130-engrossed,405,7 971.105 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-engrossed, s. 623 Section 623. 972.14 (3) of the statutes is amended to read:

AB130-engrossed,405,13 972.14 (3) (a) Before pronouncing sentence in a felony case, the court shall also allow a victim or family member of a homicide victim to make a statement or submit a written statement to be read in court. The court may allow any other person to make or submit a statement under this paragraph. Any statement under this paragraph must be relevant to the sentence.

AB130-engrossed,405,20 (b) After a conviction in a felony case, if the district attorney knows of a victim or family member of a homicide or felony murder victim, the district attorney shall attempt to contact that person to inform him or her of the right to make or provide a statement under par. (a). The district attorney may mail a letter or form to comply with this paragraph. Any failure to comply with this paragraph is not a ground for an appeal of a judgment of conviction or for any court to reverse or modify a judgment of conviction.

AB130-engrossed, s. 624 Section 624. 973.013 (3m) of the statutes is amended to read:

AB130-engrossed,406,13 973.013 (3m) If a person who has not attained the age of 16 years is sentenced to the Wisconsin state prisons, the department of corrections shall place the person at a secured juvenile correctional facility or a secured child caring institution, as defined in s. 938.02 (15g), unless the department of health and social services, after consultation with the department of corrections, determines that placement in an institution under s. 302.01 is appropriate based on the person's prior record of adjustment in a correctional setting, if any; the person's present and potential vocational and educational needs, interests and abilities; the adequacy and suitability of available facilities; the services and procedures available for treatment of the person within the various institutions; the protection of the public; and any other considerations promulgated by the department of health and social services by rule. This subsection does not preclude the department of corrections from designating an adult correctional institution as a reception center for the person and subsequently transferring the person to a secured juvenile correctional facility or a secured child caring institution. Section 302.11 and ch. 304 apply to all persons placed in a secured juvenile correctional facility or a secured child caring institution under this subsection.

AB130-engrossed, s. 625 Section 625. 976.08 of the statutes is amended to read:

AB130-engrossed,406,18 976.08 Additional applicability. In this chapter, "prisoner" includes any person subject to an order under s. 48.366 or 938.183 who is confined to a Wisconsin state prison and any person subject to an order under s. 938.34 (4g) who is 17 years of age or older.

AB130-engrossed, s. 626 Section 626. 977.02 (3) of the statutes is amended to read:

AB130-engrossed,406,24 977.02 (3) Promulgate rules regarding the determination of indigency of persons entitled to be represented by counsel, other than children who are entitled to be represented by counsel under s. 48.23 or 938.23, including the time period in which the determination must be made and the criteria to be used to determine indigency and partial indigency.

AB130-engrossed, s. 627 Section 627. 977.05 (4) (gm) of the statutes is amended to read:

AB130-engrossed,407,6 977.05 (4) (gm) In accordance with the standards under pars. (h) and (i), accept referrals from judges and courts for the provision of legal services without a determination of indigency of children who are entitled to be represented by counsel under s. 48.23 or 938.23, appoint counsel in accordance with contracts and policies of the board and inform the referring judge or court of the name and address of the specific attorney who has been assigned to the case.

AB130-engrossed, s. 628 Section 628. 977.05 (4) (h) of the statutes is amended to read:

AB130-engrossed,407,13 977.05 (4) (h) Accept requests for legal services from children who are entitled to be represented by counsel under s. 48.23 or 938.23 and from indigent persons who are entitled to be represented by counsel under s. 967.06 or who are otherwise so entitled under the constitution or laws of the United States or this state and provide such persons with legal services when, in the discretion of the state public defender, such provision of legal services is appropriate.

AB130-engrossed, s. 629 Section 629. 977.05 (4) (i) 5. of the statutes is amended to read:

AB130-engrossed,407,16 977.05 (4) (i) 5. Cases involving children who are entitled to counsel or are provided counsel at the discretion of the court under s. 48.23 or 938.23.

AB130-engrossed, s. 630 Section 630. 977.07 (1) (a) of the statutes is amended to read:

AB130-engrossed,407,21 977.07 (1) (a) Determination of indigency for persons entitled to counsel shall be made as soon as possible and shall be in accordance with the rules promulgated by the board under s. 977.02 (3). No determination of indigency is required for a child who is entitled to be represented by counsel under s. 48.23 or 938.23.

AB130-engrossed, s. 631 Section 631. 977.07 (1) (c) of the statutes is amended to read:

AB130-engrossed,408,4 977.07 (1) (c) For all referrals made under ss. 809.30 and 974.06 (3) (b), except a referral of a child who is entitled to be represented by counsel under s. 48.23 or 938.23, a representative of the state public defender shall determine indigency, and may, unless a request for redetermination has been filed under s. 809.30 (2) (d) or the defendant's request for representation states that his or her financial circumstances have materially improved, rely upon a determination of indigency made for purposes of trial representation under this section.

AB130-engrossed, s. 632 Section 632. 977.07 (2) (a) of the statutes is amended to read:

AB130-engrossed,409,19 977.07 (2) (a) The representative of the state public defender or the authority for indigency determinations specified under sub. (1) making a determination of indigency shall ascertain the assets of the person which exceed the amount needed for the payment of reasonable and necessary expenses incurred, or which must be incurred to support the person and the person's immediate family. The assets shall include disposable income, cash in hand, stocks and bonds, bank accounts and other property which can be converted to cash within a reasonable period of time and is not needed to hold a job, or to shelter, clothe and care for the person and the person's immediate family. Assets which cannot be converted to cash within a reasonable period of time, such as a person's home, car, household furnishings, clothing and other property which has been declared exempt from attachment or execution by law, shall be calculated to be assets equivalent in dollars to the amount of the loan which could be, in fact, raised by using these assets as collateral. Assets also include any money expended by the person to post bond to obtain release regarding the current alleged offense. If the person's assets, less reasonable and necessary living expenses, are not sufficient to cover the anticipated cost of effective representation when the length and complexity of the anticipated proceedings are taken fully into account, the person shall be determined to be indigent in full or in part. The determination of the ability of the person to contribute to the cost of legal services shall be based upon specific written standards relating to income, assets and the anticipated cost of representation. If found to be indigent in full or in part, the person shall be promptly informed of the state's right to payment or recoupment under s. 48.275 (2), 757.66, 938.275 (2) or 973.06 (1) (e), and the possibility that the payment of attorney fees may be made a condition of probation, should the person be placed on probation. Furthermore, if found to be indigent in part, the person shall be promptly informed of the extent to which he or she will be expected to pay for counsel, and whether the payment shall be in the form of a lump sum payment or periodic payments. The person shall be informed that the payment amount may be adjusted if his or her financial circumstances change by the time of sentencing. The payment and payment schedule shall be set forth in writing. Payments for services of the state public defender or other counsel provided under this chapter made pursuant to this subsection shall be paid to the state public defender for deposit in the state treasury and credited to the appropriation under s. 20.550 (1) (ja). Under this subsection, reasonable and necessary living expenses equal the applicable payment amount under s. 49.19 (11) (a) 1. plus other specified, emergency or essential costs. The representative or authority making the determination of indigency shall consider any assets of the spouse of the person claiming to be indigent as if they were assets of the person, unless the spouse was the victim of a crime allegedly committed by the person.

AB130-engrossed, s. 633 Section 633. 977.07 (2) (c) of the statutes is amended to read:

AB130-engrossed,410,4 977.07 (2) (c) A person seeking to have counsel assigned for him or her under s. 977.08, other than a child who is entitled to be represented by counsel under s. 48.23 or 938.23, shall sign a statement declaring that he or she has not disposed of any assets for the purpose of qualifying for that assignment of counsel. If the representative or authority making the indigency determination finds that any asset was disposed of for less than its fair market value for the purpose of obtaining that assignment of counsel, the asset shall be counted under par. (a) at its fair market value at the time it was disposed of, minus the amount of compensation received for the asset.

AB130-engrossed, s. 634 Section 634. 977.08 (2) (e) of the statutes is amended to read:

AB130-engrossed,410,7 977.08 (2) (e) Cases involving children who are entitled to counsel or are provided counsel at the discretion of the court under s. 48.23 or 938.23.

AB130-engrossed, s. 635 Section 635. 977.10 of the statutes is amended to read:

AB130-engrossed,410,14 977.10 Reports on recoupment and repayment. On or before each January 15, the state public defender shall report to the joint committee on finance on the status of reimbursement for or recoupment of payments under ss. 48.275, 757.66, 938.275 and 977.07 (2). The department of justice, district attorneys, circuit courts and applicable county agencies shall cooperate by providing any necessary information to the state public defender.