AB686,5,22 49.26 (1) (a) 1. "Habitual truant" has the meaning given in s. 118.16 (1) (a).
AB686, s. 2 3Section 2. 118.125 (2) (c) of the statutes is renumbered 118.125 (2) (c) 1.
AB686, s. 3 4Section 3. 118.125 (2) (c) 2. of the statutes is created to read:
AB686,5,65 118.125 (2) (c) 2. Names of dropouts shall be provided to a court in response to
6an order under s. 118.163 (2m) (b).
AB686, s. 4 7Section 4. 118.15 (1) (am) of the statutes is created to read:
AB686,5,138 118.15 (1) (am) Except as provided under par. (d) and sub. (3m), unless the child
9is excused under sub. (3), any person having under control a child who is under the
10age of 6 and who is attending a public school, including a prekindergarten program,
11shall cause the child to continue to attend that school regularly during the full period
12and hours, religious holidays excepted, that the program in which the child is
13enrolled is in session.
AB686, s. 5 14Section 5. 118.15 (3m) of the statutes is created to read:
AB686,5,1715 118.15 (3m) (a) Subsection (1) (am) applies only if the school board of the school
16district in which the child is enrolled has adopted a resolution specifying that it
17applies.
AB686,5,2018 (b) Subsection (1) (am) does not apply if the person in control of the child notifies
19the school board of the school district in which the child is enrolled that the child will
20no longer be attending the program in which the child is enrolled.
AB686, s. 6
1Section 6. 118.15 (5) (a) of the statutes is renumbered 118.15 (5) (a) 1. (intro.)
2and amended to read:
AB686,6,123 118.15 (5) (a) 1. (intro.) Except as provided under par. (b) or if a person has been
4found guilty of a misdemeanor under s. 948.45, whoever violates this section may be
5fined not more than $500 or imprisoned for not more than 30 days or both penalized
6as follows
, if evidence has been provided by the school attendance officer that the
7activities under s. 118.16 (5) have been completed or were not required to be
8completed due to the child's absence from school as provided in s. 118.16 (5m). In a
9prosecution under this paragraph, if the defendant proves that he or she is unable
10to comply with the law because of the disobedience of the child, the action shall be
11dismissed and the child shall be referred to the court assigned to exercise jurisdiction
12under chs. 48 and 938.
:
AB686, s. 7 13Section 7. 118.15 (5) (a) 1. a. and b. of the statutes are created to read:
AB686,6,1514 118.15 (5) (a) 1. a. For the first offense, by a fine of not more than $500 or
15imprisonment for not more than 30 days or both.
AB686,6,1716 b. For a 2nd or subsequent offense, by a fine of not more than $1,000 or
17imprisonment for not more than 90 days or both.
AB686, s. 8 18Section 8. 118.15 (5) (a) 2. of the statutes is created to read:
AB686,6,2419 118.15 (5) (a) 2. The court may require a person who is subject to subd. 1. to
20perform community service work for a public agency or a nonprofit charitable
21organization in lieu of the penalties specified under subd. 1. Any organization or
22agency to which a defendant is assigned pursuant to an order under this subdivision
23acting in good faith has immunity from any civil liability in excess of $25,000 for any
24act or omission by or impacting on the defendant.
AB686, s. 9
1Section 9. 118.16 (1) (a) (intro.) and 1. of the statutes are consolidated,
2renumbered 118.16 (1) (a) and amended to read:
AB686,7,63 118.16 (1) (a) "Habitual truant" means a pupil who is absent from school
4without an acceptable excuse under sub. (4) and s. 118.15 for either of the following:
51. Part
part or all of 5 or more days out of 10 consecutive days on which school is held
6during a school semester.
AB686, s. 10 7Section 10. 118.16 (1) (a) 2. of the statutes is repealed.
AB686, s. 11 8Section 11. 118.16 (2) (cg) 1. of the statutes is amended to read:
AB686,7,109 118.16 (2) (cg) 1. A statement of the parent's or guardian's responsibility, under
10s. 118.15 (1) (a) and (am), to cause the child to attend school regularly.
AB686, s. 12 11Section 12. 118.16 (2) (cg) 3. of the statutes is amended to read:
AB686,7,1712 118.16 (2) (cg) 3. A request that the parent or guardian meet with appropriate
13school personnel to discuss the child's truancy. The notice shall include the name of
14the school personnel with whom the parent or guardian should meet, a date, time and
15place for the meeting and the name, address and telephone number of a person to
16contact to arrange a different date, time or place. The date for the meeting shall be
17within 5 school days after the date that the notice is sent.
AB686, s. 13 18Section 13. 118.16 (2) (cg) 4. of the statutes is amended to read:
AB686,7,2119 118.16 (2) (cg) 4. A statement of the penalties, under s. 118.15 (5), that may be
20imposed on the parent or guardian if he or she fails to cause the child to attend school
21regularly as required under s. 118.15 (1) (a) and (am).
AB686, s. 14 22Section 14. 118.16 (5m) of the statutes is renumbered 118.16 (5m) (b).
AB686, s. 15 23Section 15. 118.16 (5m) (a) of the statutes is created to read:
AB686,8,3
1118.16 (5m) (a) Subsection (5) does not apply if a meeting under sub. (2) (cg)
23. is not held within 10 school days after the date that the notice under sub. (2) (cg)
3is sent.
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:
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