AB686-engrossed, s. 17m 8Section 17m. 118.16 (5m) of the statutes is amended to read:
AB686-engrossed,11,139 118.16 (5m) Subsection (5) (a) does not apply if a meeting under sub. (2) (cg)
103. is not held within 10 school days after the date that the notice under sub. (2) (cg)
11is sent.
Subsection (5) (b), (c) and (d) does not apply if the school attendance officer
12provides evidence that appropriate school personnel were unable to carry out the
13activity due to the child's absences from school.
AB686-engrossed, s. 19 14Section 19. 118.16 (6) of the statutes is amended to read:
AB686-engrossed,11,2115 118.16 (6) If the school attendance officer receives evidence that activities
16under sub. (5) have been completed or were not required to be completed due to the
17child's absence from school
as provided in sub. (5m), the school attendance officer
18may file information on any child who continues to be truant with the court assigned
19to exercise jurisdiction under chs. 48 and 938 in accordance with s. 938.24. Filing
20information on a child under this subsection does not preclude concurrent
21prosecution of the child's parent or guardian under s. 118.15 (5).
AB686-engrossed, s. 20 22Section 20. 118.162 (1) (intro.) of the statutes is amended to read:
AB686-engrossed,12,623 118.162 (1) (intro.) On July 1, 1988 At least once every 4 years, in each county,
24the superintendent school district administrator of the school district which contains
25the county seat designated under s. 59.05, or his or her designee, shall convene a

1committee under this section. At its first meeting, the committee shall elect a
2chairperson, vice chairperson and secretary. Not later than February 1, 1989, the
3committee shall
to review and make recommendations to the school boards of all of
4the school districts in the county on the items to be included in revisions to the school
5districts' truancy plans under sub. (4) (4m). The committee shall consist of the
6following members:
AB686-engrossed, s. 21 7Section 21. 118.162 (2) (intro.) and (a) of the statutes are repealed.
AB686-engrossed, s. 22 8Section 22. 118.162 (2) (b) of the statutes is renumbered 118.162 (2) and
9amended to read:
AB686-engrossed,12,1210 118.162 (2) The district attorney representative on the committee shall
11participate in reviewing and developing any recommendations regarding revisions
12to
the portions of the plan school districts' plans under sub. (4) (e).
AB686-engrossed, s. 23 13Section 23. 118.162 (3) (intro.), (a) and (b) of the statutes are consolidated,
14renumbered 118.162 (3) and amended to read:
AB686-engrossed,12,2215 118.162 (3) The committee shall write a report to accompany the
16recommendations under sub. (1). The report shall include all of the following: (a)
17A
a description of the factors that contribute to truancy in the county. (b)
18Identification
and a description of any state statutes, municipal ordinances or school
19or, social services, law enforcement, district attorney, court or other policies that
20contribute to or inhibit the response to truancy in the county. A copy of the report
21shall be submitted to each of the entities identified in sub. (1) (b) to (h) and any other
22entity designating members on the committee under sub. (1) (i)
.
AB686-engrossed, s. 24 23Section 24. 118.162 (3) (c) of the statutes is repealed.
AB686-engrossed, s. 25 24Section 25. 118.162 (4m) of the statutes is created to read:
AB686-engrossed,13,2
1118.162 (4m) At least once every 2 years, each school board shall review and,
2if appropriate, revise the truancy plan adopted by the school board under sub. (4).
AB686-engrossed, s. 26 3Section 26. 118.162 (5) of the statutes is repealed.
AB686-engrossed, s. 27 4Section 27. 118.163 (1) (b) of the statutes is repealed and recreated to read:
AB686-engrossed,13,55 118.163 (1) (b) "Habitual truant" has the meaning given in s. 118.16 (1) (a).
AB686-engrossed, s. 28 6Section 28. 118.163 (1) (c) of the statutes is created to read:
AB686-engrossed,13,77 118.163 (1) (c) "Operating privilege" has the meaning given in s. 340.01 (40).
AB686-engrossed, s. 29 8Section 29. 118.163 (1) (d) of the statutes is created to read:
AB686-engrossed,13,119 118.163 (1) (d) "Truant" means a pupil who is absent from school without an
10acceptable excuse under ss. 118.15 and 118.16 (4) for part or all of any day on which
11school is held, including a summer session.
AB686-engrossed, s. 30 12Section 30. 118.163 (1m) of the statutes is created to read:
AB686-engrossed,13,1513 118.163 (1m) A county, city, village or town may enact an ordinance prohibiting
14a person under 18 years of age from being a truant. The ordinance shall provide
15which of the following dispositions are available to the court:
AB686-engrossed,13,1616 (a) An order for the person to attend school.
AB686-engrossed,13,2117 (b) A forfeiture of not more than $50 plus costs for a first violation, or a
18forfeiture of not more than $100 plus costs for any 2nd or subsequent violation
19committed within 12 months of a previous violation, subject to s. 938.37. All or part
20of the forfeiture plus costs may be assessed against the person, the parents or
21guardian of the person, or both.
AB686-engrossed, s. 31 22Section 31. 118.163 (2) (a) of the statutes is amended to read:
AB686-engrossed,14,223 118.163 (2) (a) Suspension of the person's operating privilege, as defined in s.
24340.01 (40),
for not less than 30 days nor more than 90 days one year. The court shall
25immediately take possession of any suspended license and forward it to the

1department of transportation together with a notice stating the reason for and the
2duration of the suspension.
AB686-engrossed, s. 32 3Section 32. 118.163 (2) (b) of the statutes, is amended to read:
AB686-engrossed,14,134 118.163 (2) (b) An order for the person to participate in counseling or a
5supervised work program or other community service work under as described in s.
6938.34 (5g). The costs of any such counseling, supervised work program or other
7community service work may be assessed against the person, the parents or
8guardian of the person, or both. Any county department of human services or social
9services, community agency, public agency or nonprofit charitable organization
10administering a supervised work program or other community service work to which
11a person is assigned pursuant to an order under this paragraph acting in good faith
12has immunity from any civil liability in excess of $25,000 for any act or omission by
13or impacting on that person.
AB686-engrossed, s. 33 14Section 33. 118.163 (2) (d) of the statutes is amended to read:
AB686-engrossed,14,1615 118.163 (2) (d) An order for the person to attend an educational program under
16as described in s. 938.34 (7d).
AB686-engrossed, s. 34 17Section 34. 118.163 (2) (f) of the statutes, is amended to read:
AB686-engrossed,14,1918 118.163 (2) (f) An order for the person to be placed in a teen court program as
19described in s. 938.342 (1) (1g) (f).
AB686-engrossed, s. 35 20Section 35. 118.163 (2) (g) to (k) of the statutes are created to read:
AB686-engrossed,14,2121 118.163 (2) (g) An order for the person to attend school.
AB686-engrossed,14,2422 (h) A forfeiture of not more than $500 plus costs, subject to s. 938.37. All or part
23of the forfeiture plus costs may be assessed against the person, the parents or
24guardian of the person, or both.
AB686-engrossed,15,3
1(i) Any other reasonable conditions consistent with this subsection, including
2a curfew, restrictions as to going to or remaining on specified premises and
3restrictions on associating with other children or adults.
AB686-engrossed,15,54 (j) An order placing the person under formal or informal supervision, as
5described in s. 938.34 (2), for up to one year.
AB686-engrossed,15,86 (k) An order for the person's parent, guardian or legal custodian to participate
7in counseling at the parent's, guardian's or legal custodian's own expense or to attend
8school with the person, or both.
AB686-engrossed, s. 36 9Section 36. 118.163 (2m) of the statutes is renumbered 118.163 (2m) (a) and
10amended to read:
AB686-engrossed,15,1811 118.163 (2m) (a) A county, city, village or town may enact an ordinance
12permitting a court to suspend the operating privilege, as defined in s. 340.01 (40), of
13a person who is at least 16 years of age but less than 18 years of age and is a dropout.
14The ordinance shall provide that the court may suspend the person's operating
15privilege, as defined in s. 340.01 (40), until the person reaches the age of 18. The
16court shall immediately take possession of any suspended license and forward it to
17the department of transportation together with a notice stating the reason for and
18the duration of the suspension.
AB686-engrossed, s. 37 19Section 37. 118.163 (2m) (b) of the statutes is created to read:
AB686-engrossed,15,2420 118.163 (2m) (b) A court may order a school district to provide to the court a
21list of all persons who are known to the school district to be dropouts and who reside
22within the county in which the circuit court is located or the municipality in which
23the municipal court is located. Upon request, the department of transportation shall
24assist the court to determine which dropouts have operating privileges.
AB686-engrossed, s. 38 25Section 38. 118.163 (3) of the statutes is repealed and recreated to read:
AB686-engrossed,16,4
1118.163 (3) An ordinance enacted by a county under sub. (1m), (2) or (2m) is
2applicable and may be enforced in that part of any city or village located in the county
3and in any town located in the county regardless of whether the city, village or town
4has enacted an ordinance under sub. (1m), (2) or (2m).
AB686-engrossed, s. 39 5Section 39. 118.163 (4) of the statutes is created to read:
AB686-engrossed,16,76 118.163 (4) A person who is under 17 years of age on the date of disposition is
7subject to s. 938.342.
AB686-engrossed, s. 40 8Section 40. 895.035 (2m) (b) of the statutes, as affected by 1997 Wisconsin Acts
927
and 35, is amended to read:
AB686-engrossed,16,2310 895.035 (2m) (b) If a juvenile fails to pay a forfeiture or, surcharge or costs as
11ordered by a court assigned to exercise jurisdiction under chs. 48 and 938 or a
12forfeiture as ordered by a municipal court or if it appears likely that the juvenile will
13not pay the forfeiture or, surcharge or costs as ordered, the representative of the
14public interest under s. 938.09, the agency, as defined in s. 938.38 (1) (a), supervising
15the juvenile or the law enforcement agency that issued the citation to the juvenile
16may petition the court assigned to exercise jurisdiction under chs. 48 and 938 to order
17that the amount of the forfeiture or, surcharge or costs unpaid by the juvenile be
18entered and docketed as a judgment against the juvenile and the parent with custody
19of the juvenile and in favor of the county or appropriate municipality. A petition
20under this paragraph may be filed after the expiration of the dispositional order or
21sentence under which the forfeiture or, surcharge is or costs are payable, but no later
22than one year after the expiration of the dispositional order or sentence or any
23extension of the dispositional order or sentence.
AB686-engrossed, s. 41 24Section 41. 938.125 (2) of the statutes, as affected by 1997 Wisconsin Act 35,
25is amended to read:
AB686-engrossed,17,5
1938.125 (2) That the court has exclusive jurisdiction over any juvenile alleged
2to have violated an ordinance enacted under s. 118.163 (2) only if evidence is provided
3by the school attendance officer that the activities under s. 118.16 (5) have been
4completed or were not required to be completed due to the juvenile's absence from
5school
as provided in s. 118.16 (5m).
AB686-engrossed, s. 42 6Section 42. 938.13 (6) of the statutes, as affected by 1997 Wisconsin Act 35,
7is amended to read:
AB686-engrossed,17,118 938.13 (6) Who is habitually truant from school, if evidence is provided by the
9school attendance officer that the activities under s. 118.16 (5) have been completed
10or were not required to be completed due to the juvenile's absence from school as
11provided in s. 118.16 (5m), except as provided under s. 938.17 (2).
AB686-engrossed, s. 43 12Section 43. 938.17 (2) (a) 1. of the statutes is amended to read:
AB686-engrossed,17,2313 938.17 (2) (a) 1. Except as provided in sub. (1), municipal courts have
14concurrent jurisdiction with the court assigned to exercise jurisdiction under this
15chapter and ch. 48 in proceedings against juveniles aged 12 or older for violations of
16county, town or other municipal ordinances. If evidence is provided by the school
17attendance officer that the activities under s. 118.16 (5) have been completed or were
18not required to be completed due to the juvenile's absence from school as provided
19in s. 118.16 (5m), the municipal court specified in subd. 2. may exercise jurisdiction
20in proceedings against a juvenile for a violation of an ordinance enacted under s.
21118.163 (2) regardless of the juvenile's age and regardless of whether the court
22assigned to exercise jurisdiction under this chapter and ch. 48 has jurisdiction under
23s. 938.13 (6).
AB686-engrossed, s. 43d 24Section 43d. 938.17 (2) (g) of the statutes is amended to read:
AB686-engrossed,18,9
1938.17 (2) (g) If the municipal court finds that a juvenile violated a municipal
2ordinance enacted under s. 118.163 (1m), it shall enter a dispositional order under
3s. 938.342 (1d).
If a municipal court finds that a juvenile violated a municipal
4ordinance enacted under s. 118.163 (2), it shall enter a dispositional order under s.
5938.342 (1) (1g), and may enter a dispositional order under s. 938.342 (1m) (a), that
6is consistent with the municipal ordinance. If a municipal court finds that a juvenile
7violated a municipal ordinance enacted under s. 118.163 (2m), it shall enter a
8dispositional order under s. 938.342 (2) that is consistent with the municipal
9ordinance.
AB686-engrossed, s. 45 10Section 45. 938.17 (2) (h) 1. of the statutes is amended to read:
AB686-engrossed,18,2411 938.17 (2) (h) 1. If a juvenile who has violated a municipal ordinance, other
12than an ordinance enacted under s. 118.163 (1m) or (2),
violates a condition of his or
13her dispositional order, the municipal court may impose on the juvenile any of the
14sanctions specified in s. 938.355 (6) (d) 2. to 4. that are authorized under par. (cm)
15except for monitoring by an electronic monitoring system or may petition the court
16assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the
17juvenile the sanction specified in s. 938.355 (6) (d) 1. or home detention with
18monitoring by an electronic monitoring system as specified in s. 938.355 (6) (d) 3., if
19authorized under par. (cm), if at the time of judgment the court explained the
20conditions to the juvenile and informed the juvenile of the possible sanctions under
21s. 938.355 (6) (d) that are authorized under par. (cm) for a violation or if before the
22violation the juvenile has acknowledged in writing that he or she has read, or has had
23read to him or her, those conditions and possible sanctions and that he or she
24understands those conditions and possible sanctions.
AB686-engrossed, s. 46 25Section 46. 938.17 (2) (i) of the statutes is created to read:
AB686-engrossed,19,8
1938.17 (2) (i) 1. If a juvenile who has violated a municipal ordinance enacted
2under s. 118.163 (1m) violates a condition of his or her dispositional order, the
3municipal court may impose on the juvenile any of the sanctions specified in s.
4938.355 (6m) (ag), if at the time of judgment the court explained those conditions to
5the juvenile and informed the juvenile of those possible sanctions or if before the
6violation the juvenile has acknowledged in writing that he or she has read, or has had
7read to him or her, those conditions and possible sanctions and that he or she
8understands those conditions and possible sanctions.
AB686-engrossed,19,209 2m. If a juvenile who has violated a municipal ordinance enacted under s.
10118.163 (2) violates a condition of his or her dispositional order, the municipal court
11may impose on the juvenile any of the sanctions specified in s. 938.355 (6m) (a) that
12are authorized under par. (cm) except for the sanction specified in s. 938.355 (6m) (a)
131. or may petition the court assigned to exercise jurisdiction under this chapter and
14ch. 48 to impose on the juvenile the sanction specified in s. 938.355 (6m) (a) 1., if
15authorized under par. (cm), if at the time of judgment the court explained the
16conditions to the juvenile and informed the juvenile of the possible sanctions under
17s. 938.355 (6m) (a) that are authorized under par. (cm) for a violation or if before the
18violation the juvenile has acknowledged in writing that he or she has read, or has had
19read to him or her, those conditions and possible sanctions and that he or she
20understands those conditions and possible sanctions.
AB686-engrossed,20,221 3. A motion requesting the municipal court to impose or petition for a sanction
22may be brought by the person or agency primarily responsible for the provision of
23dispositional services, the administrator of the school district in which the juvenile
24is enrolled or resides, the municipal attorney or the court that entered the
25dispositional order. If the court initiates the motion, that court is disqualified from

1holding a hearing on the motion. Notice of the motion shall be given to the juvenile
2and the juvenile's parent, guardian or legal custodian.
AB686-engrossed,20,43 4. Before imposing any sanction, the court shall hold a hearing, at which the
4juvenile may present evidence.
AB686-engrossed,20,95 4m. If the court assigned to exercise jurisdiction under this chapter and ch. 48
6imposes the sanction specified in s. 938.355 (6m) (a) 1., on a petition described in
7subd. 2m., that court shall order the municipality of the municipal court that filed
8the petition to pay to the county the cost of providing the sanction imposed under s.
9938.355 (6m) (a) 1.
AB686-engrossed, s. 46g 10Section 46g. 938.245 (2v) of the statutes is created to read:
AB686-engrossed,20,1411 938.245 (2v) If the deferred prosecution agreement is based on an allegation
12that the juvenile has violated a municipal ordinance enacted under s. 118.163 (2), the
13deferred prosecution agreement may require that the juvenile's parent, guardian or
14legal custodian attend school with the juvenile.
AB686-engrossed, s. 46k 15Section 46k. 938.245 (5) of the statutes is amended to read:
AB686-engrossed,20,1916 938.245 (5) A deferred prosecution agreement under sub. (2) (a) 1. to 8., (2g)
17or (2v).
may be terminated upon the request of the juvenile, parent, guardian or legal
18custodian. A deferred prosecution agreement under sub. (2) (a) 9. may be terminated
19by the court upon the request of the juvenile, parent, guardian or legal custodian.
AB686-engrossed, s. 47 20Section 47. 938.275 (1) (c) of the statutes is amended to read:
AB686-engrossed,21,221 938.275 (1) (c) If the court imposes a sanction on a juvenile as specified in s.
22938.355 (6) (d) or (6m) (a) or (ag) or finds the juvenile in contempt under s. 938.355
23(6g) (b) and orders a disposition under s. 938.34 or if the juvenile is placed in a secure
24detention facility or place of nonsecure custody under s. 938.355 (6d) or 938.534 (1),
25the court shall order the parents of the juvenile to contribute toward the cost of the

1sanction, disposition or placement the proportion of the total amount which the court
2finds the parents are able to pay.
AB686-engrossed, s. 47m 3Section 47m. 938.32 (1) (a) of the statutes is amended to read:
AB686-engrossed,21,154 938.32 (1) (a) At any time after the filing of a petition for a proceeding relating
5to s. 938.12 or 938.13 and before the entry of judgment, the judge or juvenile court
6commissioner may suspend the proceedings and place the juvenile under
7supervision in the juvenile's own home or present placement or in a youth village
8program as described in s. 118.42. The court may establish terms and conditions
9applicable to the parent, guardian or legal custodian, and to the juvenile, including
10any of the conditions specified in subs. (1d), (1g), (1m), (1t), (1v) and (1x). The order
11under this section shall be known as a consent decree and must be agreed to by the
12juvenile; the parent, guardian or legal custodian; and the person filing the petition
13under s. 938.25. If the consent decree includes any conditions specified in sub. (1g),
14the consent decree shall include provisions for payment of the services as specified
15in s. 938.361. The consent decree shall be reduced to writing and given to the parties.
AB686-engrossed, s. 47p 16Section 47p. 938.32 (1v) of the statutes is created to read:
AB686-engrossed,21,2017 938.32 (1v) If the petition alleges that the juvenile is in need of protection or
18services under s. 938.13 (6), the judge or juvenile court commissioner may establish
19as a condition under sub. (1) that the juvenile's parent, guardian or legal custodian
20attend school with the juvenile.
AB686-engrossed, s. 48 21Section 48. 938.342 (1) of the statutes is renumbered 938.342 (1g), and
22938.342 (1g) (a) and (b), as renumbered, are amended to read:
AB686-engrossed,22,223 938.342 (1g) (a) Suspend the person's operating privilege, as defined in s.
24340.01 (40), for not less than 30 days nor more than 90 days one year. The court shall
25immediately take possession of the suspended license and forward it to the

1department of transportation together with a notice stating the reason for and
2duration of the suspension.
AB686-engrossed,22,113 (b) Order the person to participate in counseling or a supervised work program
4or other community service work under as described in s. 938.34 (5g). The costs of
5any such counseling, supervised work program or other community service work
6may be assessed against the person, the parents or guardian of the person, or both.
7Any county department, community agency, public agency or nonprofit charitable
8organization administering a supervised work program or other community service
9work to which a person is assigned pursuant to an order under this paragraph acting
10in good faith has immunity from any civil liability in excess of $25,000 for any act or
11omission by or impacting on that person.
AB686-engrossed, s. 49 12Section 49. 938.342 (1d) of the statutes is created to read:
AB686-engrossed,22,1613 938.342 (1d) If the court finds that the person violated a municipal ordinance
14enacted under s. 118.163 (1m), the court shall enter an order making one or more of
15the following dispositions if such a disposition is authorized by the municipal
16ordinance:
AB686-engrossed,22,1717 (a) Order the person to attend school.
AB686-engrossed,22,2218 (b) Impose a forfeiture of not more than $50 plus costs for a first violation, or
19a forfeiture of not more than $100 plus costs for any 2nd or subsequent violation
20committed within 12 months of a previous violation, subject to s. 938.37. All or part
21of the forfeiture plus costs may be assessed against the person, the parent or
22guardian of the person, or both.
AB686-engrossed, s. 50 23Section 50. 938.342 (1g) (g) to (j) of the statutes are created to read:
AB686-engrossed,22,2424 938.342 (1g) (g) Order the person to attend school.
AB686-engrossed,23,3
1(h) Impose a forfeiture of not more than $500 plus costs, subject to s. 938.37.
2All or part of the forfeiture plus costs may be assessed against the person, the parent
3or guardian of the person, or both.
AB686-engrossed,23,74 (i) Order the person to comply with any other reasonable conditions that are
5consistent with this subsection, including a curfew, restrictions as to going to or
6remaining on specified premises and restrictions on associating with other juveniles
7or adults.
AB686-engrossed,23,98 (j) Place the person under formal or informal supervision, as described in s.
9938.34 (2), for up to one year.
AB686-engrossed, s. 51m 10Section 51m. 938.342 (1m) (a) of the statutes is amended to read:
AB686-engrossed,23,1611 938.342 (1m) (a) If the court finds that the person violated a municipal
12ordinance enacted under s. 118.163 (2), the court may, in addition to or instead of the
13dispositions under sub. (1) (1g), order the person's parent, guardian or legal
14custodian to participate in counseling at the parent's, guardian's or legal custodian's
15own expense or to attend school with the person, or both, if such a disposition is
16authorized by the municipal ordinance
.
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