LRB-4725/2
JEO:skg:mkd
1995 - 1996 LEGISLATURE
February 15, 1996 - Introduced by Representatives Murat, Hanson, Wasserman,
Krusick, Schneider, Wilder, Meyer, Wood, R. Potter, Walker, Klusman,
Gard, Carpenter, Krug, Ziegelbauer, Plache, Underheim, Otte, Seratti,
Kaufert, Ladwig, Gunderson, Olsen, Ourada, Baumgart and Huber.
Referred to Committee on Children and Families.
AB889,1,3
1An Act to create 946.475 of the statutes;
relating to: harboring or aiding
2juveniles who have run away or failed to appear in court and providing a
3penalty.
Analysis by the Legislative Reference Bureau
Under current law, a person who harbors or aids a felon with the intent to
prevent the apprehension of the felon is guilty of a Class E felony. Current law also
provides that a person is guilty of absconding if, before the person reached the age
of 17, he or she was adjudicated delinquent as a juvenile and then intentionally failed
to appear for his or her dispositional hearing before the court assigned to exercise
jurisdiction under the children's code or juvenile justice code (juvenile court) and did
not return to juvenile court before turning 17. The penalty for absconding is the same
penalty that is provided for the criminal act on the basis of which the person was
adjudicated delinquent (for example, if a person who absconds was adjudicated
delinquent for an act that would be a Class B felony if committed by an adult, he or
she would be guilty of a Class B felony for absconding). Finally, current law also
prohibits a person from intentionally encouraging or contributing to an act of a
juvenile that, if committed by an adult, would be a crime. A person who violates this
prohibition is guilty of a Class A misdemeanor, except as follows: 1) if the act of the
juvenile is an act that would be a felony if committed by an adult, the person is guilty
of a Class D felony; and 2) if the act of the juvenile results in death, the person is
guilty of a Class C felony.
This bill prohibits an adult (a person who is 17 years of age or older) from
knowingly harboring or aiding a juvenile (a person under the age of 17) after the
juvenile does any of the following: 1) runs away from his or her parents, guardian
or legal or physical custodian; 2) intentionally fails to appear before a juvenile court
for a juvenile court proceeding; or 3) escapes from a juvenile correctional facility,
secure detention facility or other type of custody. A person who violates the
prohibition created by the bill is guilty of a Class A misdemeanor.
The penalties for the crime classifications mentioned above are as follows:
-
See PDF for table 
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB889, s. 1
1Section
1. 946.475 of the statutes is created to read:
AB889,2,3
2946.475 Harboring juvenile who has absconded, escaped or run away. 3(1) In this section:
AB889,2,44
(a) "Adult" means a person who has attained 17 years of age.
AB889,2,65
(b) "Court" means the court assigned to exercise jurisdiction under ch. 48 or
6938.
AB889,2,77
(c) "Custody" has the meaning given in s. 946.42 (1) (a).
AB889,2,88
(d) "Escape" has the meaning given in s. 946.42 (1) (b).
AB889,2,109
(e) "Guardian" means the person named by a court to have the duty and
10authority of guardianship of a juvenile.
AB889,2,1111
(f) "Juvenile" means a person who has not attained 17 years of age.
AB889,2,1412
(g) "Legal custodian" means a person, other than a parent or guardian, or an
13agency to whom legal custody of a juvenile has been transferred by a court, but does
14not include a person who has only physical custody of the juvenile.
AB889,3,315
(h) "Legal custody" means a legal status created by the order of a court, which
16confers the right and duty to protect, train and discipline a juvenile, and to provide
17food, shelter, legal services, education and ordinary medical and dental care, subject
1to the rights, duties and responsibilities of the guardian of the juvenile and subject
2to any residual parental rights and responsibilities and the provisions of any court
3order.
AB889,3,94
(i) "Parent" means either a biological parent, a husband who has consented to
5the artificial insemination of his wife under s. 891.40, or a parent by adoption. If the
6juvenile is a nonmarital child who is not adopted or whose parents do not
7subsequently intermarry under s. 767.60, "parent" includes a person adjudged in a
8judicial proceeding to be the biological father. "Parent" does not include any person
9whose parental rights have been terminated.
AB889,3,1110
(j) "Physical custody" means actual custody of the person in the absence of an
11order of a court granting legal custody to the physical custodian.
AB889,3,13
12(2) An adult who knowingly harbors or aids a juvenile after the juvenile does
13any of the following is guilty of a Class A misdemeanor:
AB889,3,1514
(a) The juvenile runs away from his or her parents, guardian, legal custodian
15or person who has physical custody of the juvenile.
AB889,3,1716
(b) The juvenile intentionally fails to appear before a court for a hearing in any
17proceeding under ch. 48 or 938.
AB889,3,1818
(c) The juvenile escapes from custody.
AB889,3,20
19(3) Subsection (2) does not apply to a home licensed under s. 48.48 or 48.75 that
20is providing housing and services to a juvenile as provided s. 48.227.
AB889,3,23
22(1)
This act takes effect on July 1, 1996, or on the day after publication,
23whichever is later.
