LRB-0114/1
GMM:kmg:jf
2003 - 2004 LEGISLATURE
February 26, 2003 - Introduced by Representatives Huber, Bies, Staskunas,
Ladwig, Underheim, Plouff, J. Lehman, Musser
and Turner, cosponsored by
Senators Roessler and Decker. Referred to Committee on Corrections and
the Courts.
AB101,1,7 1An Act to amend 125.07 (4) (d), 125.085 (3) (bt), 125.09 (2) (d), 938.17 (2) (a) 1.,
2938.17 (2) (b) (intro.), 938.17 (3), 938.21 (3) (ag), 938.243 (1) (intro.), 938.255 (1)
3(intro.), 938.255 (1) (e), 938.29 (1g), 938.30 (1), 938.30 (3), 938.31 (1), 938.344
4(3), 938.345 (1) (c), 938.345 (1) (d) and 938.355 (6) (a); and to create 938.13 (8),
5938.17 (4) and 938.345 (2m) of the statutes; relating to: juvenile in need of
6protection or services jurisdiction over a juvenile who commits a 3rd alcohol
7beverage violation.
Analysis by the Legislative Reference Bureau
Under current law, the court assigned to exercise jurisdiction under the
Juvenile Justice Code (juvenile court) and the municipal court have concurrent
jurisdiction over a juvenile who is alleged to have knowingly possessed or consumed
an alcohol beverage, procured or attempted to procure an alcohol beverage, entered
or attempted to enter a premises licensed to sell alcohol beverages, falsely
represented his or her age for the purpose of receiving an alcohol beverage, or made,
altered, duplicated, carried, or used an official identification card that purports to
show that the juvenile has attained the legal drinking age (alcohol beverage
violation). If the juvenile court or the municipal court finds that a juvenile has
committed an alcohol beverage violation, the juvenile court or municipal court may
impose a forfeiture, suspend the juvenile's operating privilege, require the juvenile

to participate in a supervised work program, or impose any combination of those
penalties, with the amount of the forfeiture and the length of the operating privilege
suspension being dependent upon the violation involved and whether the juvenile
had any previous violations in a 12-month period, or the juvenile court or municipal
court, after ordering such a penalty, may stay the penalty and instead order the
juvenile to participate in an alcohol or other drug abuse (AODA) assessment, an
outpatient AODA treatment program, a pupil assistance program, an AODA
education program, or a teen court program.
This bill grants to the juvenile court exclusive juvenile in need of protection or
services (JIPS) jurisdiction over a juvenile who is alleged to have committed an
alcohol beverage violation and who has two or more previous adjudications for an
alcohol beverage violation. By granting JIPS jurisdiction over such a juvenile, the
bill permits a juvenile court to impose on such a juvenile not only the dispositions
permitted under current law for an alcohol beverage violation, but also the
dispositions permitted for a juvenile who is subject to the juvenile court's JIPS
jurisdiction. Those dispositions include counseling, supervision, a nonsecure
out-of-home placement, or inpatient treatment for not more than 30 days. In
addition, by granting JIPS jurisdiction over such a juvenile, the bill permits the
caseworker of such a juvenile who violates a condition of his or her dispositional order
to take the juvenile into custody and, without a hearing, place the juvenile in
short-term detention in nonsecure custody for not more than 72 hours.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB101, s. 1 1Section 1. 125.07 (4) (d) of the statutes is amended to read:
AB101,2,62 125.07 (4) (d) A person who is under 17 years of age on the date of disposition
3is subject to s. 938.344 or, if applicable, s. 938.345 (1) and (2m) (a), unless proceedings
4have been instituted against the person in a court of civil or criminal jurisdiction
5after dismissal of the citation under s. 938.344 (3) or dismissal of the petition under
6s. 938.345 (2m) (b)
.
AB101, s. 2 7Section 2. 125.085 (3) (bt) of the statutes is amended to read:
AB101,3,28 125.085 (3) (bt) A person who is under 17 years of age on the date of disposition
9is subject to s. 938.344 or, if applicable, s. 938.345 (1) and (2m) (a), unless proceedings
10have been instituted against the person in a court of civil or criminal jurisdiction

1after dismissal of the citation under s. 938.344 (3) or dismissal of the petition under
2s. 938.345 (2m) (b)
.
AB101, s. 3 3Section 3. 125.09 (2) (d) of the statutes is amended to read:
AB101,3,64 125.09 (2) (d) A person who violates this subsection is subject to a forfeiture of
5not more than $200, except that ss. 125.07 (4) (c) and (d) and 938.344 or, if applicable,
6s. 938.345 (1) and (2m) (a)
provide the penalties applicable to underage persons.
AB101, s. 4 7Section 4. 938.13 (8) of the statutes is created to read:
AB101,3,118 938.13 (8) Who has engaged in conduct prohibited under s. 125.07 (4) (a) or (b),
9125.085 (3) (b), or 125.09 (2) and who has 2 or more prior adjudications for a violation
10of s. 125.07 (4) (a) or (b), 125.085 (3) (b), or 125.09 (2) or of a municipal ordinance that
11conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), or 125.09 (2).
AB101, s. 5 12Section 5. 938.17 (2) (a) 1. of the statutes is amended to read:
AB101,3,2213 938.17 (2) (a) 1. Except as provided in sub. subs. (1), (3), and (4), municipal
14courts have concurrent jurisdiction with the court assigned to exercise jurisdiction
15under this chapter and ch. 48 in proceedings against juveniles aged 12 or older for
16violations of county, town, or other municipal ordinances. If evidence is provided by
17the school attendance officer that the activities under s. 118.16 (5) have been
18completed or were not required to be completed as provided in s. 118.16 (5m), the
19municipal court specified in subd. 2. may exercise jurisdiction in proceedings against
20a juvenile for a violation of an ordinance enacted under s. 118.163 (2) regardless of
21the juvenile's age and regardless of whether the court assigned to exercise
22jurisdiction under this chapter and ch. 48 has jurisdiction under s. 938.13 (6).
AB101, s. 6 23Section 6. 938.17 (2) (b) (intro.) of the statutes is amended to read:
AB101,4,224 938.17 (2) (b) (intro.) When a juvenile 12 years of age or older is alleged to have
25violated a civil law punishable by a forfeiture or where when a juvenile 12 years of

1age or older
is alleged to have violated a municipal ordinance but there is no
2municipal court in the municipality, the juvenile may be:
AB101, s. 7 3Section 7. 938.17 (3) of the statutes is amended to read:
AB101,4,84 938.17 (3) Safety at sporting events. Notwithstanding sub. (2), courts Courts
5of criminal or civil jurisdiction have exclusive jurisdiction in proceedings against
6juveniles under s. 167.32 or under a local ordinance strictly conforming to s. 167.32.
7A juvenile convicted of a violation under s. 167.32 or under a local ordinance strictly
8conforming to s. 167.32 shall be treated as an adult for sentencing purposes.
AB101, s. 8 9Section 8. 938.17 (4) of the statutes is created to read:
AB101,4,1610 938.17 (4) Repeat alcohol beverage violations. (a) The court assigned to
11exercise jurisdiction under this chapter and ch. 48 has exclusive jurisdiction under
12s. 938.13 (8) over a juvenile who is alleged to have engaged in conduct prohibited
13under s. 125.07 (4) (a) or (b), 125.085 (3) (b), or 125.09 (2) and who has 2 or more prior
14adjudications for a violation of s. 125.07 (4) (a) or (b), 125.085 (3) (b), or 125.09 (2) or
15of a municipal ordinance that conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), or
16125.09 (2).
AB101,5,617 (b) When a citation is issued under sub. (2) (a) 3. a. directing a juvenile to appear
18in municipal court or to make a deposit or stipulation and deposit in lieu of
19appearance for a violation of a municipal ordinance that conforms to s. 125.07 (4) (a)
20or (b), 125.085 (3) (b), or 125.09 (2), the municipal attorney shall investigate to
21determine whether the juvenile has 2 or more prior adjudications for a violation of
22s. 125.07 (4) (a) or (b), 125.085 (3) (b), or 125.09 (2) or of a municipal ordinance that
23conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), or 125.09 (2). If the municipal
24attorney determines that the juvenile has 2 or more prior adjudications for any of
25those violations, the municipal attorney shall make a motion to transfer jurisdiction

1to the court assigned to exercise jurisdiction under this chapter and ch. 48. If the
2municipal court transfers jurisdiction, the municipal court shall reject any deposit
3or stipulation and deposit made by the juvenile, dismiss the citation, and refer the
4juvenile to the intake worker under s. 938.24 for a determination of whether a
5petition under s. 938.13 (8) should be filed with the court assigned to exercise
6jurisdiction under this chapter and ch. 48.
AB101,5,217 (c) When a citation is issued under sub. (2) (a) 3. b. or (b) 1. directing a juvenile
8to appear in the court assigned to exercise jurisdiction under this chapter and ch. 48
9or to make a deposit or stipulation and deposit in lieu of appearance for a violation
10of s. 125.07 (4) (a) or (b), 125.085 (3) (b), or 125.09 (2) or of a municipal ordinance that
11conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), or 125.09 (2), the district attorney
12or corporation counsel shall investigate to determine whether the juvenile has 2 or
13more prior adjudications for a violation of s. 125.07 (4) (a) or (b), 125.085 (3) (b), or
14125.09 (2) or of a municipal ordinance that conforms to s. 125.07 (4) (a) or (b), 125.085
15(3) (b), or 125.09 (2). If the district attorney or corporation counsel determines that
16the juvenile has 2 or more prior adjudications for any of those violations, the district
17attorney or corporation counsel shall make a motion to dismiss the citation. If the
18court dismisses the citation, the court shall reject any deposit or stipulation and
19deposit made by the juvenile and refer the juvenile to the intake worker under s.
20938.24 for a determination of whether a petition under s. 938.13 (8) should be filed
21with the court.
AB101,6,922 (d) When a juvenile is referred to the intake worker under sub. (2) (a) 3. c. or
23(b) 2. for a determination of whether a petition should be filed in the court assigned
24to exercise jurisdiction under this chapter and ch. 48 pursuant to s. 938.125 for a
25violation of s. 125.07 (4) (a) or (b), 125.085 (3) (b), or 125.09 (2) or of a municipal

1ordinance that conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), or 125.09 (2), the
2intake worker shall investigate to determine whether the juvenile has 2 or more prior
3adjudications for a violation of s. 125.07 (4) (a) or (b), 125.085 (3) (b), or 125.09 (2) or
4of a municipal ordinance that conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), or
5125.09 (2). If the intake worker determines that the juvenile has 2 or more prior
6adjudications for any of those violations and that as a result of the intake inquiry the
7juvenile should be referred to the court, the intake worker shall request the district
8attorney or corporation counsel to file a petition initiating proceedings under s.
9938.13 (8).
AB101,6,1710 (e) Notwithstanding s. 938.396 (2) (a), upon request of a district attorney,
11corporation counsel, municipal attorney, or intake worker to review court records for
12the purpose of determining whether a juvenile has 2 or more adjudications for a
13violation of s. 125.07 (4) (a) or (b), 125.085 (3) (b), or 125.09 (2) or of a municipal
14ordinance that conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), or 125.09 (2), the
15court assigned to exercise jurisdiction under this chapter and ch. 48 or the municipal
16court shall open for inspection by any authorized representative of the requester its
17records relating to the juvenile.
AB101, s. 9 18Section 9. 938.21 (3) (ag) of the statutes is amended to read:
AB101,6,2119 938.21 (3) (ag) Proceedings concerning a juvenile who comes within the
20jurisdiction of the court under s. 938.13 (4), (6), (6m), (8), or (14) shall be conducted
21according to this subsection.
AB101, s. 10 22Section 10. 938.243 (1) (intro.) of the statutes is amended to read:
AB101,7,223 938.243 (1) (intro.) Before conferring with the parent or juvenile during the
24intake inquiry, the intake worker shall personally inform a juvenile alleged to have
25committed a delinquent act, and parents and juveniles 10 years of age or over who

1are the focus of an inquiry regarding the need for protection or services under s.
2938.13 (4), (6), (6m) or, (7), (8), or (14), of all of the following:
AB101, s. 11 3Section 11. 938.255 (1) (intro.) of the statutes is amended to read:
AB101,7,104 938.255 (1) (intro.) A petition initiating proceedings under this chapter, other
5than a petition initiating proceedings under s. 938.12, 938.125, or 938.13 (8), (12),
6or (14)
, shall be entitled, "In the interest of (juvenile's name), a person under the age
7of 18". A petition initiating proceedings under s. 938.12, 938.125 , or 938.13 (8), (12),
8or (14)
shall be entitled, "In the interest of (juvenile's name), a person under the age
9of 17". A petition initiating proceedings under this chapter shall set forth with
10specificity all of the following:
AB101, s. 12 11Section 12. 938.255 (1) (e) of the statutes is amended to read:
AB101,7,1712 938.255 (1) (e) If the juvenile is alleged to come within the provisions of s.
13938.13 (4), (6), (6m), (7), (8), or (14) or 938.14, reliable and credible information which
14forms the basis of the allegations necessary to invoke the jurisdiction of the court and
15to provide reasonable notice of the conduct or circumstances to be considered by the
16court, together with a statement that the juvenile is in need of supervision, services,
17care, or rehabilitation.
AB101, s. 13 18Section 13. 938.29 (1g) of the statutes is amended to read:
AB101,8,419 938.29 (1g) The juvenile may not request the substitution of a judge in a
20proceeding under s. 938.12 or 938.13 (12), and the juvenile and the juvenile's parent,
21guardian, or legal custodian may not request the substitution of a judge in a
22proceeding under s. 938.13 (4), (6), (6m) or, (7), (8), or (14), if the judge assigned to
23the proceeding has entered a dispositional order with respect to the juvenile in a
24previous proceeding under s. 48.12, 1993 stats., s. 48.13 (4), (6), (6m), (7) or, (12), or
25(14)
, 1993 stats., or s. 938.12 or 938.13 (4), (6), (6m), (7) or, (8), (12), or (14) or the

1juvenile or the juvenile's parent, guardian, or legal custodian has requested the
2substitution of a judge in a previous proceeding under s. 48.12, 1993 stats., s. 48.13
3(4), (6), (6m), (7) or, (12), or (14), 1993 stats., or s. 938.12 or 938.13 (4), (6), (6m), (7)
4or, (8), (12), or (14).
AB101, s. 14 5Section 14. 938.30 (1) of the statutes is amended to read:
AB101,8,176 938.30 (1) Except as provided in this subsection, the hearing to determine the
7juvenile's plea to a citation or a petition under s. 938.12, 938.125 , or 938.13 (12), or
8to determine whether any party wishes to contest an allegation that the juvenile is
9in need of protection or services under s. 938.13 (4), (6), (6m), (7), (8), or (14) shall take
10place on a date which that allows reasonable time for the parties to prepare but is
11within 30 days after the filing of a petition or issuance of a citation for a juvenile who
12is not being held in secure custody or within 10 days after the filing of a petition or
13issuance of a citation for a juvenile who is being held in secure custody. In a
14municipal court operated jointly by 2 or more cities, towns, or villages under s. 755.01
15(4), the hearing to determine the juvenile's plea shall take place within 45 days after
16the filing of a petition or issuance of a citation for a juvenile who is not being held in
17secure custody.
AB101, s. 15 18Section 15. 938.30 (3) of the statutes is amended to read:
AB101,8,2219 938.30 (3) If a petition alleges that a juvenile is in need of protection or services
20under s. 938.13 (4), (6), (6m), (7), (8), or (14), the nonpetitioning parties and the
21juvenile, if he or she is 12 years of age or older or is otherwise competent to do so, shall
22state whether they desire to contest the petition.
AB101, s. 16 23Section 16. 938.31 (1) of the statutes is amended to read:
AB101,9,324 938.31 (1) In this section, "fact-finding hearing" means a hearing to determine
25if the allegations of a petition under s. 938.12 or 938.13 (12) are supported beyond

1a reasonable doubt or a hearing to determine if the allegations in a petition or citation
2under s. 938.125 or 938.13 (4), (6), (6m), (7), (8), or (14) are proved by clear and
3convincing evidence.
AB101, s. 17 4Section 17. 938.344 (3) of the statutes is amended to read:
AB101,9,125 938.344 (3) If the juvenile who is alleged to have committed the violation is
6within 3 months of his or her 17th birthday, the court assigned to exercise jurisdiction
7under this chapter and ch. 48 may, at the request of the district attorney or on its own
8motion, dismiss the citation without prejudice and refer the matter to the district
9attorney for prosecution under s. 125.07 (4), 125.085 (3), or 125.09 (2). The juvenile
10is entitled to a hearing only on the issue of his or her age. This subsection does not
11apply to violations under s. 961.573 (2), 961.574 (2), or 961.575 (2) or a local ordinance
12that strictly conforms to one of those statutes.
AB101, s. 18 13Section 18. 938.345 (1) (c) of the statutes is amended to read:
Loading...
Loading...