AB686, s. 16 4Section 16. 118.16 (6) of the statutes is amended to read:
AB686,8,115 118.16 (6) If the school attendance officer receives evidence that activities
6under sub. (5) have been completed or were not required to be completed due to the
7child's absence from school
as provided in sub. (5m), the school attendance officer
8may file information on any child who continues to be truant with the court assigned
9to exercise jurisdiction under chs. 48 and 938 in accordance with s. 938.24. Filing
10information on a child under this subsection does not preclude concurrent
11prosecution of the child's parent or guardian under s. 118.15 (5).
AB686, s. 17 12Section 17. 118.162 (1) (intro.) of the statutes is amended to read:
AB686,8,2113 118.162 (1) (intro.) On July 1, 1988 At least once every 4 years, in each county,
14the superintendent school district administrator of the school district which contains
15the county seat designated under s. 59.05, or his or her designee, shall convene a
16committee under this section. At its first meeting, the committee shall elect a
17chairperson, vice chairperson and secretary. Not later than February 1, 1989, the
18committee shall
to review and make recommendations to the school boards of all of
19the school districts in the county on the items to be included in revisions to the school
20districts' truancy plans under sub. (4) (4m). The committee shall consist of the
21following members:
AB686, s. 18 22Section 18. 118.162 (2) (intro.) and (a) of the statutes are repealed.
AB686, s. 19 23Section 19. 118.162 (2) (b) of the statutes is renumbered 118.162 (2) and
24amended to read:
AB686,9,3
1118.162 (2) The district attorney representative on the committee shall
2participate in reviewing and developing any recommendations regarding revisions
3to
the portions of the plan school districts' plans under sub. (4) (e).
AB686, s. 20 4Section 20. 118.162 (3) (intro.), (a) and (b) of the statutes are consolidated,
5renumbered 118.162 (3) and amended to read:
AB686,9,136 118.162 (3) The committee shall write a report to accompany the
7recommendations under sub. (1). The report shall include all of the following: (a)
8A
a description of the factors that contribute to truancy in the county. (b)
9Identification
and a description of any state statutes, municipal ordinances or school
10or, social services, law enforcement, district attorney, court or other policies that
11contribute to or inhibit the response to truancy in the county. A copy of the report
12shall be submitted to each of the entities identified in sub. (1) (b) to (h) and any other
13entity designating members on the committee under sub. (1) (i)
.
AB686, s. 21 14Section 21. 118.162 (3) (c) of the statutes is repealed.
AB686, s. 22 15Section 22. 118.162 (4m) of the statutes is created to read:
AB686,9,1716 118.162 (4m) At least once every 2 years, each school board shall review and,
17if appropriate, revise the truancy plan adopted by the school board under sub. (4).
AB686, s. 23 18Section 23. 118.162 (5) of the statutes is repealed.
AB686, s. 24 19Section 24. 118.163 (1) (b) of the statutes is repealed and recreated to read:
AB686,9,2020 118.163 (1) (b) "Habitual truant" has the meaning given in s. 118.16 (1) (a).
AB686, s. 25 21Section 25. 118.163 (1) (c) of the statutes is created to read:
AB686,9,2222 118.163 (1) (c) "Operating privilege" has the meaning given in s. 340.01 (40).
AB686, s. 26 23Section 26. 118.163 (2) (a) of the statutes is amended to read:
AB686,9,2524 118.163 (2) (a) Suspension of the person's operating privilege, as defined in s.
25340.01 (40),
for not less than 30 days nor more than 90 days one year. The court shall

1immediately take possession of any suspended license and forward it to the
2department of transportation together with a notice stating the reason for and the
3duration of the suspension.
AB686, s. 27 4Section 27. 118.163 (2) (b) of the statutes, is amended to read:
AB686,10,145 118.163 (2) (b) An order for the person to participate in counseling or a
6supervised work program or other community service work under as described in s.
7938.34 (5g). The costs of any such counseling, supervised work program or other
8community service work may be assessed against the person, the parents or
9guardian of the person, or both. Any county department of human services or social
10services, community agency, public agency or nonprofit charitable organization
11administering a supervised work program or other community service work to which
12a person is assigned pursuant to an order under this paragraph acting in good faith
13has immunity from any civil liability in excess of $25,000 for any act or omission by
14or impacting on that person.
AB686, s. 28 15Section 28. 118.163 (2) (d) of the statutes is amended to read:
AB686,10,1716 118.163 (2) (d) An order for the person to attend an educational program under
17as described in s. 938.34 (7d).
AB686, s. 29 18Section 29. 118.163 (2) (g) to (j) of the statutes are created to read:
AB686,10,1919 118.163 (2) (g) An order for the person to attend school.
AB686,10,2220 (h) A forfeiture of not more than $500 plus costs, subject to s. 938.37. All or part
21of the forfeiture plus costs may be assessed against the person, the parents or
22guardian of the person, or both.
AB686,10,2523 (i) Any other reasonable conditions consistent with this subsection, including
24a curfew, restrictions as to going to or remaining on specified premises and
25restrictions on associating with other children or adults.
AB686,11,2
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, s. 30 3Section 30. 118.163 (2m) of the statutes is renumbered 118.163 (2m) (a) and
4amended to read:
AB686,11,125 118.163 (2m) (a) A county, city, village or town may enact an ordinance
6permitting a court to suspend the operating privilege, as defined in s. 340.01 (40), of
7a person who is at least 16 years of age but less than 18 years of age and is a dropout.
8The ordinance shall provide that the court may suspend the person's operating
9privilege, as defined in s. 340.01 (40), until the person reaches the age of 18. The
10court shall immediately take possession of any suspended license and forward it to
11the department of transportation together with a notice stating the reason for and
12the duration of the suspension.
AB686, s. 31 13Section 31. 118.163 (2m) (b) of the statutes is created to read:
AB686,11,1814 118.163 (2m) (b) A court may order a school district to provide to the court a
15list of all persons who are known to the school district to be dropouts and who reside
16within the county in which the circuit court is located or the municipality in which
17the municipal court is located. Upon request, the department of transportation shall
18assist the court to determine which dropouts have operating privileges.
AB686, s. 32 19Section 32. 118.163 (4) of the statutes is created to read:
AB686,11,2120 118.163 (4) A person who is under 17 years of age on the date of disposition is
21subject to s. 938.342.
AB686, s. 33 22Section 33. 118.165 (1) (e) of the statutes is amended to read:
AB686,11,2523 118.165 (1) (e) The program is not operated or instituted for the purpose of
24avoiding or circumventing the compulsory school attendance requirement under s.
25118.15 (1) (a) or (am).
AB686, s. 34
1Section 34. 895.035 (2m) (b) of the statutes, as affected by 1997 Wisconsin Act
227
, is amended to read:
AB686,12,163 895.035 (2m) (b) If a child fails to pay a forfeiture or, surcharge or costs as
4ordered by a court assigned to exercise jurisdiction under chs. 48 and 938 or a
5forfeiture as ordered by a municipal court or if it appears likely that the child will not
6pay the forfeiture or, surcharge or costs as ordered, the representative of the public
7interest under s. 938.09, the agency, as defined in s. 938.38 (1) (a), supervising the
8child or the law enforcement agency that issued the citation to the child may petition
9the court assigned to exercise jurisdiction under chs. 48 and 938 to order that the
10amount of the forfeiture or, surcharge or costs unpaid by the child be entered and
11docketed as a judgment against the child and the parent with custody of the child and
12in favor of the county or appropriate municipality. A petition under this paragraph
13may be filed after the expiration of the dispositional order or sentence under which
14the forfeiture or, surcharge is or costs are payable, but no later than one year after
15the expiration of the dispositional order or sentence or any extension of the
16dispositional order or sentence.
AB686, s. 35 17Section 35. 938.125 (2) of the statutes is amended to read:
AB686,12,2218 938.125 (2) That the court has exclusive jurisdiction over any juvenile alleged
19to have violated an ordinance enacted under s. 118.163 (2) only if evidence is provided
20by the school attendance officer that the activities under s. 118.16 (5) have been
21completed or were not required to be completed due to the child's absence from school
22as provided in s. 118.16 (5m).
AB686, s. 36 23Section 36. 938.13 (6) of the statutes is amended to read:
AB686,13,224 938.13 (6) Who is habitually truant from school, if evidence is provided by the
25school attendance officer that the activities under s. 118.16 (5) have been completed

1or were not required to be completed due to the child's absence from school as
2provided in s. 118.16 (5m), except as provided under s. 938.17 (2).
AB686, s. 37 3Section 37. 938.17 (2) (a) 1. of the statutes is amended to read:
AB686,13,144 938.17 (2) (a) 1. Except as provided in sub. (1), municipal courts have
5concurrent jurisdiction with the court assigned to exercise jurisdiction under this
6chapter and ch. 48 in proceedings against juveniles aged 12 or older for violations of
7county, town or other municipal ordinances. If evidence is provided by the school
8attendance officer that the activities under s. 118.16 (5) have been completed or were
9not required to be completed due to the juvenile's absence from school as provided
10in s. 118.16 (5m), the municipal court specified in subd. 2. may exercise jurisdiction
11in proceedings against a juvenile for a violation of an ordinance enacted under s.
12118.163 (2) regardless of the juvenile's age and regardless of whether the court
13assigned to exercise jurisdiction under this chapter and ch. 48 has jurisdiction under
14s. 938.13 (6).
AB686, s. 38 15Section 38. 938.17 (2) (cm) of the statutes is amended to read:
AB686,13,2116 938.17 (2) (cm) A city, village or town may adopt an ordinance or bylaw
17specifying which of the dispositions under ss. 938.343 and 938.344 and sanctions
18under s. 938.355 (6) (d) and (6m) (a) the municipal court of that city, village or town
19is authorized to impose or petition the court assigned to exercise jurisdiction under
20this chapter and ch. 48 to impose. The use by the court of those dispositions and
21sanctions is subject to any ordinance or bylaw adopted under this paragraph.
AB686, s. 39 22Section 39. 938.17 (2) (g) of the statutes is amended to read:
AB686,13,2523 938.17 (2) (g) If a municipal court finds that a juvenile violated a municipal
24ordinance enacted under s. 118.163 (2), it shall enter a dispositional order under s.
25938.342 (1) that is consistent with the municipal ordinance.
AB686, s. 40
1Section 40. 938.17 (2) (h) 1. of the statutes is amended to read:
AB686,14,152 938.17 (2) (h) 1. If a juvenile who has violated a municipal ordinance, other
3than an ordinance enacted under s. 118.163 (2),
violates a condition of his or her
4dispositional order, the municipal court may impose on the juvenile any of the
5sanctions specified in s. 938.355 (6) (d) 2. to 4. that are authorized under par. (cm)
6except for monitoring by an electronic monitoring system or may petition the court
7assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the
8juvenile the sanction specified in s. 938.355 (6) (d) 1. or home detention with
9monitoring by an electronic monitoring system as specified in s. 938.355 (6) (d) 3., if
10authorized under par. (cm), if at the time of judgment the court explained the
11conditions to the juvenile and informed the juvenile of the possible sanctions under
12s. 938.355 (6) (d) that are authorized under par. (cm) for a violation or if before the
13violation the juvenile has acknowledged in writing that he or she has read, or has had
14read to him or her, those conditions and possible sanctions and that he or she
15understands those conditions and possible sanctions.
AB686, s. 41 16Section 41. 938.17 (2) (i) of the statutes is created to read:
AB686,15,317 938.17 (2) (i) 1. If a juvenile who has violated a municipal ordinance enacted
18under s. 118.163 (2) violates a condition of his or her dispositional order, the
19municipal court may impose on the juvenile any of the sanctions specified in s.
20938.355 (6m) (a) that are authorized under par. (cm) except for the sanction specified
21in s. 938.355 (6m) (a) 1. or may petition the court assigned to exercise jurisdiction
22under this chapter and ch. 48 to impose on the juvenile the sanction specified in s.
23938.355 (6m) (a) 1., if authorized under par. (cm), if at the time of judgment the court
24explained the conditions to the juvenile and informed the juvenile of the possible
25sanctions under s. 938.355 (6m) (a) that are authorized under par. (cm) for a violation

1or if before the violation the juvenile has acknowledged in writing that he or she has
2read, or has had read to him or her, those conditions and possible sanctions and that
3he or she understands those conditions and possible sanctions.
AB686,15,104 2. A motion requesting the municipal court to impose or petition for a sanction
5may be brought by the person or agency primarily responsible for the provision of
6dispositional services, the administrator of the school district in which the juvenile
7is enrolled or resides, the municipal attorney or the court that entered the
8dispositional order. If the court initiates the motion, that court is disqualified from
9holding a hearing on the motion. Notice of the motion shall be given to the juvenile
10and the juvenile's parent, guardian or legal custodian.
AB686,15,1211 3. Before imposing any sanction, the court shall hold a hearing, at which the
12juvenile may present evidence.
AB686,15,1713 4. If the court assigned to exercise jurisdiction under this chapter and ch. 48
14imposes the sanction specified in s. 938.355 (6m) (a) 1., on a petition described in
15subd. 1., that court shall order the municipality of the municipal court that filed the
16petition to pay to the county the cost of providing the sanction imposed under s.
17938.355 (6m) (a) 1.
AB686, s. 42 18Section 42. 938.23 (1) (am) of the statutes is amended to read:
AB686,15,2219 938.23 (1) (am) A juvenile subject to a sanction under s. 938.355 (6) (a) shall
20be entitled to representation by counsel at the hearing under s. 938.355 (6) (c). A
21juvenile subject to a sanction under s. 938.355 (6m) (a) shall be entitled to
22representation by counsel at the hearing under s. 938.355 (6m) (c).
AB686, s. 43 23Section 43. 938.342 (1) (a) and (b) of the statutes are amended to read:
AB686,16,324 938.342 (1) (a) Suspend the person's operating privilege, as defined in s. 340.01
25(40), for not less than 30 days nor more than 90 days one year. The court shall

1immediately take possession of the suspended license and forward it to the
2department of transportation together with a notice stating the reason for and
3duration of the suspension.
AB686,16,124 (b) Order the person to participate in counseling or a supervised work program
5or other community service work under as described in s. 938.34 (5g). The costs of
6any such counseling, supervised work program or other community service work
7may be assessed against the person, the parents or guardian of the person, or both.
8Any county department, community agency, public agency or nonprofit charitable
9organization administering a supervised work program or other community service
10work to which a person is assigned pursuant to an order under this paragraph acting
11in good faith has immunity from any civil liability in excess of $25,000 for any act or
12omission by or impacting on that person.
AB686, s. 44 13Section 44. 938.342 (1) (g) to (j) of the statutes are created to read:
AB686,16,1414 938.342 (1) (g) Order the person to attend school.
AB686,16,1715 (h) Impose a forfeiture of not more than $500 plus costs, subject to s. 938.37.
16All or part of the forfeiture plus costs may be assessed against the person, the parent
17or guardian of the person, or both.
AB686,16,2118 (i) Order the person to comply with any other reasonable conditions that are
19consistent with this subsection, including a curfew, restrictions as to going to or
20remaining on specified premises and restrictions on associating with other juveniles
21or adults.
AB686,16,2322 (j) Place the person under formal or informal supervision, as described in s.
23938.34 (2), for up to one year.
AB686, s. 45 24Section 45. 938.342 (1m) (am) of the statutes is created to read:
AB686,17,5
1938.342 (1m) (am) If the court finds that the person violated a municipal
2ordinance enacted under s. 118.163 (2), the court may, as part of the dispositions
3under sub. (1), order the person's parent or guardian to pay all or part of the costs
4of any program ordered under sub. (1) (b) or to pay all or part of a forfeiture plus costs
5assessed under sub. (1) (h).
AB686, s. 46 6Section 46. 938.342 (1m) (b) of the statutes is amended to read:
AB686,17,167 938.342 (1m) (b) No order to any parent, guardian or legal custodian under par.
8(a) or (am) may be entered until the parent, guardian or legal custodian is given an
9opportunity to be heard on the contemplated order of the court. The court shall cause
10notice of the time, place and purpose of the hearing to be served on the parent,
11guardian or legal custodian personally at least 10 days before the date of the hearing.
12The procedure in these cases shall, as far as practicable, be the same as in other cases
13to the court. At the hearing, the parent, guardian or legal custodian may be
14represented by counsel and may produce and cross-examine witnesses. Any parent,
15guardian or legal custodian who fails to comply with any order issued by a court
16under par. (a) or (am) may be proceeded against for contempt of court.
AB686, s. 47 17Section 47. 938.342 (2) (a) of the statutes is amended to read:
AB686,17,2118 938.342 (2) (a) Except as provided in par. (b), if the court finds that a person
19is subject to a municipal ordinance enacted under s. 118.163 (2m) (a), the court shall
20enter an order suspending the person's operating privilege, as defined in s. 340.01
21(40), until the person reaches the age of 18.
AB686, s. 48 22Section 48. 938.342 (2) (b) of the statutes is amended to read:
AB686,18,223 938.342 (2) (b) The court may enter an order making any of the dispositions
24specified under sub. (1) if the court finds that suspension of the person's operating

1privilege, as defined in s. 340.01 (40), until the person reaches the age of 18 would
2cause an undue hardship to the person or the juvenile's person's family.
AB686, s. 49 3Section 49. 938.345 (2) of the statutes is amended to read:
AB686,18,104 938.345 (2) If the court finds that a juvenile is in need of protection or services
5based on the fact that the juvenile is a school dropout, as defined in s. 118.153 (1) (b),
6or based on habitual truancy, and the court also finds that the reason the juvenile has
7dropped out of school or is a habitual truant is a result of the juvenile's intentional
8refusal to attend school rather than the failure of any other person to comply with
9s. 118.15 (1) (a) or (am), the court, instead of or in addition to any other disposition
10imposed under sub. (1), may enter an order permitted under s. 938.342.
AB686, s. 50 11Section 50. 938.355 (6) (a) of the statutes is amended to read:
AB686,19,812 938.355 (6) (a) If a juvenile who has been adjudged delinquent or to have
13violated a civil law or ordinance, other than an ordinance enacted under s. 118.163
14(2),
violates a condition specified in sub. (2) (b) 7., the court may impose on the
15juvenile any of the sanctions specified in par. (d) if, at the dispositional hearing under
16s. 938.335, the court explained the conditions to the juvenile and informed the
17juvenile of those possible sanctions or if before the violation the juvenile has
18acknowledged in writing that he or she has read, or has had read to him or her, those
19conditions and possible sanctions and that he or she understands those conditions
20and possible sanctions. Subject to sub. (6m), if If a juvenile who has been found to
21be in need of protection or services under s. 938.13 (4), (6m), (7), (12) or (14) violates
22a condition specified in sub. (2) (b) 7., the court may impose on the juvenile any of the
23sanctions specified in par. (d), other than placement in a secure detention facility or
24juvenile portion of a county jail, if, at the dispositional hearing under s. 938.335, the
25court explained the conditions to the juvenile and informed the juvenile of those

1possible sanctions or if before the violation the juvenile has acknowledged in writing
2that he or she has read, or has had read to him or her, those conditions and possible
3sanctions and that he or she understands those conditions and possible sanctions.
4The court may not order the sanction of placement in a place of nonsecure custody
5specified in par. (d) 1. unless the court finds that the agency primarily responsible
6for providing services for the juvenile has made reasonable efforts to prevent the
7removal of the juvenile from his or her home and that continued placement of the
8juvenile in his or her home is contrary to the welfare of the juvenile.
AB686, s. 51 9Section 51. 938.355 (6) (an) 1. of the statutes is amended to read:
AB686,19,2110 938.355 (6) (an) 1. If a juvenile who has violated a municipal ordinance, other
11than an ordinance enacted under s. 118.163 (2),
violates a condition of a dispositional
12order imposed by the municipal court, the municipal court may petition the court
13assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the
14juvenile the sanction specified in par. (d) 1. or the sanction specified in par. (d) 3., with
15monitoring by an electronic monitoring system, if, at the time of the judgment the
16municipal court explained the conditions to the juvenile and informed the juvenile
17of those possible sanctions for a violation or if before the violation the juvenile has
18acknowledged in writing that he or she has read, or has had read to him or her, those
19conditions and possible sanctions and that he or she understands those conditions
20and possible sanctions. The petition shall contain a statement of whether the
21juvenile may be subject to the federal Indian child welfare act, 25 USC 1911 to 1963.
AB686, s. 52 22Section 52. 938.355 (6m) (a) of the statutes is renumbered 938.355 (6m) (a)
23(intro.) and amended to read:
AB686,20,1224 938.355 (6m) (a) (intro.) If the court finds by a preponderance of the evidence
25that a juvenile who has been found to have violated a municipal ordinance enacted

1under s. 118.163 (2) or who has been found to be
in need of protection or services based
2on habitual truancy from school
under s. 938.13 (6) has violated a condition specified
3under sub. (2) (b) 7., the court may order as a sanction any combination of the
4operating privilege suspension sanction specified in this paragraph subds. 1. and 2.
5and the dispositions specified in s. 938.342 (1) (b) to (f) (j) and (1m), regardless of
6whether the disposition was imposed in the order violated by the juvenile, if at the
7dispositional hearing under s. 938.335 the court explained those conditions to the
8juvenile and informed the juvenile of the possible sanctions under this paragraph for
9a violation or if before the violation the juvenile has acknowledged in writing that
10he or she has read, or has had read to him or her, those conditions and possible
11sanctions and that he or she understands those conditions and possible sanctions.
12The court may order as a sanction suspension
:
AB686,20,23 131. Suspension of the juvenile's operating privilege, as defined under s. 340.01
14(40), for not more than one year. If the juvenile does not hold a valid operator's license
15under ch. 343, other than an instruction permit under s. 343.07 or a restricted license
16under s. 343.08, on the date of the order issued under this paragraph subdivision, the
17court may order the suspension to begin on the date that the operator's license would
18otherwise be reinstated or issued after the juvenile applies and qualifies for issuance
19or 2 years after the date of the order issued under this paragraph subdivision,
20whichever occurs first. If the court suspends an operating privilege under this
21paragraph subdivision, the court shall immediately take possession of the suspended
22license and forward it to the department of transportation with a notice stating the
23reason for and the duration of the suspension.
AB686, s. 53 24Section 53. 938.355 (6m) (a) 2. of the statutes is created to read:
AB686,21,8
1938.355 (6m) (a) 2. Placement of the juvenile in a secure detention facility or
2juvenile portion of a county jail that meets the standards promulgated by the
3department by rule or in a place of nonsecure custody, for not more than 10 days and
4the provision of educational services consistent with his or her current course of
5study during the period of placement. The juvenile shall be given credit against the
6period of detention or nonsecure custody imposed under this subdivision for all time
7spent in secure detention in connection with the course of conduct for which the
8detention or nonsecure custody was imposed.
AB686, s. 54 9Section 54. 938.355 (6m) (am) of the statutes is created to read:
AB686,21,2010 938.355 (6m) (am) 1. If a juvenile who has violated a municipal ordinance
11enacted under s. 118.163 (2) violates a condition of a dispositional order imposed by
12the municipal court, the municipal court may petition the court assigned to exercise
13jurisdiction under this chapter and ch. 48 to impose on the juvenile the sanction
14specified in par. (a) 1., if, at the time of the judgment the municipal court explained
15the conditions to the juvenile and informed the juvenile of those possible sanctions
16for a violation or if before the violation the juvenile has acknowledged in writing that
17he or she has read, or has had read to him or her, those conditions and possible
18sanctions and that he or she understands those conditions and possible sanctions.
19The petition shall contain a statement of whether the juvenile may be subject to the
20federal Indian Child Welfare Act, 25 USC 1911 to 1963.
AB686,21,2421 2. If the court assigned to exercise jurisdiction under this chapter and ch. 48
22imposes the sanction specified in par. (a) 1. on a petition described in subd. 1., that
23court shall order the municipality of the municipal court that filed the petition to pay
24to the county the cost of providing the sanction imposed under par. (a) 1.
AB686, s. 55 25Section 55. Initial applicability.
AB686,22,4
1(1) The treatment of section 118.15 (5) (a) of the statutes first applies to
2violations under section 118.15 of the statutes occurring on the effective date of this
3subsection, but does not preclude the counting of other violations as prior violations
4for sentencing a person.
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