AB310: Bill Text

AB310, s. 7 Section 7. 938.17 (2) (e) of the statutes is amended to read:

AB310,4,20 938.17 (2) (e) If a municipal court finds that a juvenile violated a municipal ordinance that conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 938.983, 961.573 (2), 961.574 (2) or 961.575 (2), the court shall enter a dispositional order under s. 938.344 that is authorized under par. (cm).

AB310, s. 8 Section 8. 938.344 (title) of the statutes is amended to read:

AB310,4,23 938.344 (title) Disposition; certain intoxicating liquor, beer, tobacco and drug violations.

AB310, s. 9 Section 9. 938.344 (2r) of the statutes is created to read:

AB310,5,4 938.344 (2r) If a court finds that a juvenile has committed a violation of s. 938.983 (2) or a local ordinance enacted under s. 938.983 (5), the court, in addition to counseling the person and his or her parent or guardian, shall order the person to do any one or more of the following:

AB310,5,16 (a) Pay a forfeiture not to exceed $200. Any such order shall include a finding that the person alone is financially able to pay and shall allow up to 12 months for the payment. If a person fails to pay the forfeiture, the court may suspend any license issued under ch. 29 or suspend the person's operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than 5 years. The court shall immediately take possession of the suspended license and forward it to the department that issued the license, together with the notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which will thereupon return the license to the person. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture under s. 938.45 (1r) (b).

AB310,5,17 (b) Participate in a teen court program if all of the following conditions apply:

AB310,5,21 1. The chief judge of the judicial administrative district has approved a teen court program established in the person's county of residence and the judge determines that participation in the teen court program will likely benefit the person and the community.

AB310,5,24 2. The person admits or pleads no contest in open court, with the person's parent, guardian or legal custodian present, to the allegations that the person violated s. 938.983 (2) or the ordinance enacted under s. 938.983 (5).

AB310,6,3 3. The person has not successfully completed participation in a teen court program during the 2 years before the date of the alleged violation of s. 938.983 (2) or the ordinance enacted under s. 938.983 (5).

AB310,6,5 (c) Participate in a supervised work program or other community service work under s. 938.983 (2t).

AB310, s. 10 Section 10. 938.344 (2r) (a) of the statutes, as created by 1999 Wisconsin Act .... (this act), is amended to read:

AB310,6,19 938.344 (2r) (a) Pay a forfeiture not to exceed $200. Any such order shall include a finding that the person alone is financially able to pay and shall allow up to 12 months for the payment. If a person fails to pay the forfeiture, the court may suspend any license issued under ch. 29 or suspend the person's operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than 5 2 years. The court shall immediately take possession of the suspended license and forward it to the department that issued the license, together with the notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which will thereupon return the license to the person. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture under s. 938.45 (1r) (b).

AB310, s. 11 Section 11. 938.344 (3) of the statutes is amended to read:

AB310,7,6 938.344 (3) If the a juvenile who is alleged to have committed the a violation of s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2) or 938.983, or of a local ordinance that strictly conforms to one of those statutes, is within 3 months of his or her 17th birthday, the court assigned to exercise jurisdiction under this chapter and ch. 48 may, at the request of the district attorney or on its own motion, dismiss the citation without prejudice and refer the matter to the district attorney for prosecution under s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2) or 938.983, or a local ordinance that strictly conforms to one of those statutes. The juvenile is entitled to a hearing only on the issue of his or her age. This subsection does not apply to violations under s. 961.573 (2), 961.574 (2) or 961.575 (2) or a local ordinance that strictly conforms to one of those statutes.

AB310, s. 12 Section 12. 938.45 (1r) (b) of the statutes is amended to read:

AB310,7,18 938.45 (1r) (b) In a proceeding in which the court has determined under s. 938.34 (8) or, 938.343 (2) or 938.344 (2r) (a) that the imposition of a forfeiture would be in the best interest of the juvenile and in aid of rehabilitation, the court may order a parent who has custody, as defined in s. 895.035 (1), of the juvenile to pay the forfeiture. The amount of any forfeiture ordered under this paragraph may not exceed the amount specified in s. 799.01 (1) (d). Any order under this paragraph shall include a finding that the parent who has custody of the juvenile is financially able to pay the amount ordered and shall allow up to 12 months after the date of the order for the payment. Any recovery under this paragraph shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.34 (8) or, 938.343 (2) or 938.344 (2r) (a).

AB310, s. 13 Section 13. 938.983 (2r) of the statutes is created to read:

AB310,7,21 938.983 (2r) Subject to sub. (2v), any person who violates sub. (2) is subject to counseling by the court and to any one or more of the following dispositions:

AB310,8,8 (a) A forfeiture not to exceed $200. Any such order shall include a finding that the person alone is financially able to pay and shall allow up to 12 months for the payment. If a person fails to pay the forfeiture, the court may suspend any license issued under ch. 29 or suspend the person's operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than 5 years. The court shall immediately take possession of the suspended license and forward it to the department that issued the license, together with the notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which will thereupon return the license to the person. Any recovery under this paragraph shall be reduced by the amount recovered as a forfeiture under s. 938.45 (1r) (b).

AB310,8,9 (b) Placement in a teen court program if all of the following conditions apply:

AB310,8,13 1. The chief judge of the judicial administrative district has approved a teen court program established in the person's county of residence and the judge determines that participation in the teen court program will likely benefit the person and the community.

AB310,8,16 2. The person admits or pleads no contest in open court, with the person's parent, guardian or legal custodian present, to the allegations that the person violated sub. (2) or the ordinance enacted under sub. (5).

AB310,8,19 3. The person has not successfully completed participation in a teen court program during the 2 years before the date of the alleged violation of sub. (2) or the ordinance enacted under sub. (5).

AB310,8,23 (c) Participation in a supervised work program administered by the county department or a community agency approved by the court or other community service work administered by a public agency or nonprofit charitable organization approved by the court as described in sub. (2t).

AB310, s. 14 Section 14. 938.983 (2r) (a) of the statutes, as created by 1999 Wisconsin Act .... (this act), is amended to read:

AB310,9,12 938.983 (2r) (a) A forfeiture not to exceed $200. Any such order shall include a finding that the person alone is financially able to pay and shall allow up to 12 months for the payment. If a person fails to pay the forfeiture, the court may suspend any license issued under ch. 29 or suspend the person's operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than 5 2 years. The court shall immediately take possession of the suspended license and forward it to the department that issued the license, together with the notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which will thereupon return the license to the person. Any recovery under this paragraph shall be reduced by the amount recovered as a forfeiture under s. 938.45 (1r) (b).

AB310, s. 15 Section 15. 938.983 (2t) of the statutes is created to read:

AB310,9,20 938.983 (2t) (a) The court shall set standards for the supervised work program under sub. (2r) (c) within the budgetary limits established by the county board of supervisors. The supervised work program may provide the person with reasonable compensation reflecting a reasonable market value of the work performed or it may consist of uncompensated community service work. The court may use any available resources, including any community service work program, in ordering the person to perform community service work under sub. (2r).

AB310,9,25 (b) The supervised work program or other community service work shall be of a constructive nature designed to promote the person's rehabilitation, shall be appropriate to the person's age level and physical ability and shall be combined with counseling from a member of the staff of the county department, community agency, public agency or nonprofit charitable organization or other qualified person. The supervised work program or other community service work may not conflict with the person's regular attendance at school. The amount of work required shall be reasonably related to the seriousness of the person's offense.

AB310, s. 16 Section 16. 938.983 (2v) of the statutes is created to read:

AB310,10,8 938.983 (2v) A person who is under 17 years of age on the date of disposition is subject to s. 938.344 unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under s. 938.344 (3).

AB310, s. 17 Section 17 . 0Initial applicability.

AB310,10,15 (1) Possession of cigarettes or tobacco products. (a) The treatment of sections 778.25 (1) (a) 1. and 4., 895.035 (6), 938.17 (2) (c) and (e), 938.344 (title) and (3), 938.45 (1r) (b) and 938.983 (2t) and (2v) of the statutes, the amendment of section 938.17 (2) (d) of the statutes and the creation of sections 938.344 (2r) and 938.983 (2r) of the statutes first apply to a violation of section 938.983 (2) of the statutes occurring on the effective date this paragraph.

AB310,10,19 (b) The amendment of sections 938.344 (2r) (a) and 938.983 (2r) (a) of the statutes and the repeal and recreation of section 938.17 (2) (d) of the statutes first apply to a violation of section 938.983 (2) of the statutes occurring on the effective date of this paragraph.

AB310, s. 18 Section 18. Effective dates. This act takes effect on the day after publication, except as follows:

AB310,11,2 (1) Possession of cigarettes or tobacco products. The amendment of sections 938.344 (2r) (a) and 938.983 (2r) (a) of the statutes, the repeal and recreation of section 938.17 (2) (d) of the statutes and Section 17 (1) (b) of this act take effect on May 1, 2000, or on the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under section 85.515 of the statutes, whichever is earlier.

AB310,11,3 (End)