SB26: Bill Text

SB26, s. 17 Section 17. 118.163 (3) of the statutes is repealed and recreated to read:

SB26,6,14 118.163 (3) An ordinance enacted by a county under this section is applicable and may be enforced in that part of any city or village located in the county and in any town located in the county regardless of whether the city, village or town has enacted an ordinance under this section.

SB26, s. 18 Section 18. 118.163 (4) of the statutes is created to read:

SB26,6,17 118.163 (4) A person who is under 17 years of age on the date of disposition is subject to s. 938.342.

SB26, s. 19 Section 19. 895.035 (2m) (b) of the statutes is amended to read:

SB26,7,6 895.035 (2m) (b) If a child fails to pay a forfeiture or costs as ordered by a court assigned to exercise jurisdiction under chs. 48 and 938 or a municipal court or if it appears likely that the child will not pay the forfeiture or costs as ordered, the representative of the public interest under s. 938.09, the agency, as defined in s. 938.38 (1) (a), supervising the child or the law enforcement agency that issued the citation to the child may petition the court assigned to exercise jurisdiction under chs. 48 and 938 to order that the amount of the forfeiture or costs unpaid by the child be entered and docketed as a judgment against the child and the parent with custody of the child and in favor of the county or appropriate municipality. A petition under this paragraph may be filed after the expiration of the dispositional order or sentence under which the forfeiture is or costs are payable, but no later than one year after the expiration of the dispositional order or sentence or any extension of the dispositional order or sentence.

SB26, s. 20 Section 20. 938.17 (2) (g) of the statutes is amended to read:

SB26,7,10 938.17 (2) (g) If a municipal court finds that a juvenile violated a municipal ordinance enacted under s. 118.163 (2), it shall enter a dispositional order under s. 938.342 (1) that is consistent with the municipal ordinance.

SB26, s. 21 Section 21. 938.342 (1) of the statutes is renumbered 938.342 (1g), and 938.342 (1g) (a) and (b), as renumbered, are amended to read:

SB26,7,17 938.342 (1g) (a) Suspend the person's operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than 90 days one year. The court shall immediately take possession of the suspended license and forward it to the department of transportation together with a notice stating the reason for and duration of the suspension.

SB26,7,21 (b) Order the person to participate in counseling or a supervised work program or other community service work under as described in s. 938.34 (5g). The costs of any such counseling, supervised work program or other community service work may be assessed against the person, the parents or guardian of the person, or both.

SB26, s. 22 Section 22. 938.342 (1d) of the statutes is created to read:

SB26,8,2 938.342 (1d) If the court finds that the person violated a municipal ordinance enacted under s. 118.163 (1m), the court shall enter an order making one or more of the following dispositions if such a disposition is authorized by the municipal ordinance:

SB26,8,7 (a) Suspend the person's operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than 90 days. The court shall immediately take possession of the suspended license and forward it to the department of transportation together with a notice stating the reason for and duration of the suspension.

SB26,8,11 (b) Order the person to participate in counseling or a supervised work program or other community service work as described in s. 938.34 (5g). The costs of any such counseling, supervised work program or other community service work may be assessed against the person, the parents or guardian of the person, or both.

SB26,8,12 (c) Order the person to attend school.

SB26,8,15 (d) Impose a forfeiture of not more than $50 plus costs, subject to s. 938.37. All or part of the forfeiture plus costs may be assessed against the person, the parent or guardian of the person, or both.

SB26, s. 23 Section 23. 938.342 (1g) (g) to (j) of the statutes are created to read:

SB26,8,17 938.342 (1g) (g) Order the person to attend school.

SB26,8,20 (h) Impose a forfeiture of not more than $500 plus costs, subject to s. 938.37. All or part of the forfeiture plus costs may be assessed against the person, the parent or guardian of the person, or both.

SB26,8,24 (i) Order the person to comply with any other reasonable conditions that are consistent with this subsection, including a curfew, restrictions as to going to or remaining on specified premises and restrictions on associating with other juveniles or adults.

SB26,9,2 (j) Place the person under formal or informal supervision, as described in s. 938.34 (2), for up to one year.

SB26, s. 24 Section 24. 938.342 (1m) (a) of the statutes is amended to read:

SB26,9,8 938.342 (1m) (a) If the court finds that the person violated a municipal ordinance enacted under s. 118.163 (2), the court may, in addition to or instead of the dispositions under sub. (1) (1g), order the person's parent, guardian or legal custodian to participate in counseling at the parent's, guardian's or legal custodian's own expense.

SB26, s. 25 Section 25. 938.342 (1m) (am) of the statutes is created to read:

SB26,9,14 938.342 (1m) (am) If the court finds that the person violated a municipal ordinance enacted under s. 118.163 (1m) or (2), the court may, as part of the dispositions under sub. (1d) or (1g), order the person's parent or guardian to pay all or part of the costs of any program ordered under sub. (1d) (b) or (1g) (b) or to pay all or part of a forfeiture plus costs assessed under sub. (1d) (d) or (1g) (h).

SB26, s. 26 Section 26. 938.342 (1m) (b) of the statutes is amended to read:

SB26,9,25 938.342 (1m) (b) No order to any parent, guardian or legal custodian under par. (a) or (am) may be entered until the parent, guardian or legal custodian is given an opportunity to be heard on the contemplated order of the court. The court shall cause notice of the time, place and purpose of the hearing to be served on the parent, guardian or legal custodian personally at least 10 days before the date of the hearing. The procedure in these cases shall, as far as practicable, be the same as in other cases to the court. At the hearing, the parent, guardian or legal custodian may be represented by counsel and may produce and cross-examine witnesses. Any parent, guardian or legal custodian who fails to comply with any order issued by a court under par. (a) or (am) may be proceeded against for contempt of court.

SB26, s. 27 Section 27. 938.342 (2) (a) of the statutes is amended to read:

SB26,10,5 938.342 (2) (a) Except as provided in par. (b), if the court finds that a person is subject to a municipal ordinance enacted under s. 118.163 (2m) (a), the court shall enter an order suspending the person's operating privilege, as defined in s. 340.01 (40), until the person reaches the age of 18.

SB26, s. 28 Section 28. 938.342 (2) (b) of the statutes is amended to read:

SB26,10,10 938.342 (2) (b) The court may enter an order making any of the dispositions specified under sub. (1) (1g) if the court finds that suspension of the person's operating privilege, as defined in s. 340.01 (40), until the person reaches the age of 18 would cause an undue hardship to the person or the juvenile's person's family.

SB26, s. 29 Section 29. 938.355 (6m) (a) of the statutes is amended to read:

SB26,11,9 938.355 (6m) (a) If the court finds by a preponderance of the evidence that a juvenile who has been found in need of protection or services based on habitual truancy from school has violated a condition specified under sub. (2) (b) 7., the court may order as a sanction any combination of the operating privilege suspension specified in this paragraph and the dispositions specified in s. 938.342 (1) (1g) (b) to (f) (j) and (1m), regardless of whether the disposition was imposed in the order violated by the juvenile, if at the dispositional hearing under s. 938.335 the court explained those conditions to the juvenile and informed the juvenile of the possible sanctions under this paragraph for a violation or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions. The court may order as a sanction suspension of the juvenile's operating privilege, as defined under s. 340.01 (40), for not more than one year. If the juvenile does not hold a valid operator's license under ch. 343, other than an instruction permit under s. 343.07 or a restricted license under s. 343.08, on the date of the order issued under this paragraph, the court may order the suspension to begin on the date that the operator's license would otherwise be reinstated or issued after the juvenile applies and qualifies for issuance or 2 years after the date of the order issued under this paragraph, whichever occurs first. If the court suspends an operating privilege under this paragraph, the court shall immediately take possession of the suspended license and forward it to the department of transportation with a notice stating the reason for and the duration of the suspension.

SB26,11,10 (End)