AB443, s. 393
15Section
393. 938.342 (1g) (intro.) and (b) of the statutes are amended to read:
AB443,183,2016
938.342
(1g) Habitual truancy ordinance violations. (intro.) If the court
17finds that a person under 18 years of age violated a municipal ordinance enacted
18under s. 118.163 (2), the court shall enter an order making one or more of the
19following dispositions if
such a the disposition is authorized by the municipal
20ordinance:
AB443,184,621
(b) Order the person to participate in counseling or a supervised work program
22or other community service work as described in s. 938.34 (5g). The costs of any
such 23counseling, supervised work program
, or other community service work may be
1assessed against the person, the parents or guardian of the person, or both. Any
2county department, community agency, public agency
, or nonprofit charitable
3organization administering a supervised work program or other community service
4work to which a person is assigned
pursuant to under an order under this paragraph
5acting in good faith has immunity from any civil liability in excess of $25,000 for any
6act or omission by or impacting on that person.
AB443, s. 394
7Section
394. 938.342 (1g) (f) 1. and 2. of the statutes are amended to read:
AB443,184,118
938.342
(1g) (f) 1. The chief judge of the judicial administrative district has
9approved a teen court program established in the person's county of residence and
10the
judge court determines that participation in the teen court program will likely
11benefit the person and the community.
AB443,184,1412
2. The person admits or pleads no contest in open court,
with in the presence
13of the person's parent, guardian
, or legal custodian
present, to the allegations that
14the person violated the municipal ordinance enacted under s. 118.163 (2).
AB443, s. 395
15Section
395. 938.342 (1m), (1r) and (2) of the statutes are amended to read:
AB443,184,2216
938.342
(1m) Orders applicable to parents, guardians, and legal custodians.
17(a) If the court finds that the person violated a municipal ordinance enacted under
18s. 118.163 (2), the court may, in addition to or instead of the dispositions under sub.
19(1g), order the person's parent, guardian
, or legal custodian to participate in
20counseling at the parent's, guardian's
, or legal custodian's own expense or to attend
21school with the person, or both, if
such a the disposition is authorized by the
22municipal ordinance.
AB443,185,523
(am) If the court finds that the person violated a municipal ordinance enacted
24under s. 118.163 (1m), the court may, as part of the disposition under sub. (1d), order
25the person's parent or guardian to pay all or part of a forfeiture plus costs assessed
1under sub. (1d) (b). If the court finds that the person violated a municipal ordinance
2enacted under s. 118.163 (2), the court may, as part of the
dispositions disposition 3under sub. (1g), order the person's parent or guardian to pay all or part of the costs
4of any program ordered under sub. (1g) (b) or to pay all or part of a forfeiture plus
5costs assessed under sub. (1g) (h).
AB443,185,156
(b) No order to any parent, guardian
, or legal custodian under par. (a) or (am)
7may be entered until the parent, guardian
, or legal custodian is given an opportunity
8to be heard on the contemplated order of the court. The court shall cause notice of
9the time, place
, and purpose of the hearing to be served on the parent, guardian
, or
10legal custodian personally at least 10 days before the date of the hearing. The
11procedure in these cases shall, as far as practicable, be the same as in other cases to
12the court. At the hearing, the parent, guardian
, or legal custodian may be
13represented by counsel and may produce and cross-examine witnesses.
Any A 14parent, guardian
, or legal custodian who fails to comply with any order issued by a
15court under par. (a) or (am) may be proceeded against for contempt of court.
AB443,185,22
16(1r) School attendance condition. If school attendance
under sub. (1d) (a) or
17(1g) (g) is a condition of an order under sub. (1d) or (1g), the order shall specify what
18constitutes a violation of the condition and shall direct the school board of the school
19district, or the governing body of the private school, in which the person is enrolled
20to notify the court or, if the person is under the supervision of an agency under sub.
21(1g) (j), the agency that is responsible for supervising the person
, within 5 days after
22any violation of the condition by the person.
AB443,186,2
23(2) School dropout ordinance violation. (a) Except as provided in par. (b),
24if the court finds that a person is subject to a municipal ordinance enacted under s.
25118.163 (2m) (a), the court shall enter an order suspending the person's operating
1privilege, as defined in s. 340.01 (40), until the person
reaches the age of attains 18
2years of age.
AB443,186,63
(b) The court may
enter an order
making any of the dispositions specified under
4sub. (1g) if the court finds that suspension of the person's operating privilege, as
5defined in s. 340.01 (40), until the person
reaches the age of attains 18
years of age 6would cause an undue hardship to the person or the person's family.
AB443, s. 396
7Section
396. 938.343 (1) (title) of the statutes is created to read:
AB443,186,88
938.343
(1) (title)
Counseling.
AB443, s. 397
9Section
397. 938.343 (2) of the statutes is amended to read:
AB443,186,2310
938.343
(2) Forfeiture. Impose a forfeiture not to exceed the maximum
11forfeiture that may be imposed on an adult for committing that violation or, if the
12violation is only applicable to a person under 18 years of age, $50.
Any such The order
13shall include a finding that the juvenile alone is financially able to pay and shall
14allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture, the
15court may suspend any license issued under ch. 29 or suspend the juvenile's
16operating privilege, as defined in s. 340.01 (40), for not more than 2 years. The court
17shall immediately take possession of the suspended license and forward it to the
18department which issued the license, together with the notice of suspension
clearly 19stating that the suspension is for failure to pay a forfeiture imposed by the court. If
20the forfeiture is paid during the period of suspension, the court shall immediately
21notify the department, which
will thereupon shall return the license to the person.
22Any recovery under this subsection shall be reduced by the amount recovered as a
23forfeiture for the same act under s. 938.45 (1r) (b).
AB443, s. 398
24Section
398. 938.343 (2m) (title) of the statutes is created to read:
AB443,186,2525
938.343
(2m) (title)
Teen court program.
AB443, s. 399
1Section
399. 938.343 (2m) (a) of the statutes is amended to read:
AB443,187,52
938.343
(2m) (a) The chief judge of the judicial administrative district has
3approved a teen court program established in the juvenile's county of residence and
4the
judge court determines that participation in the teen court program will likely
5benefit the juvenile and the community.
AB443, s. 400
6Section
400. 938.343 (2m) (b) of the statutes is amended to read:
AB443,187,97
938.343
(2m) (b) The juvenile admits or pleads no contest in open court,
with 8in the presence of the juvenile's parent, guardian or legal custodian
present, to the
9allegations that the juvenile violated the civil law or ordinance.
AB443, s. 401
10Section
401. 938.343 (3) (title) and (3m) (title) of the statutes are created to
11read:
AB443,187,1212
938.343
(3) (title)
Community service work program.
AB443,187,13
13(3m) (title)
Youth report center.
AB443, s. 402
14Section
402. 938.343 (4), (5), (6) and (7) of the statutes are amended to read:
AB443,188,415
938.343
(4) Restitution. If the violation has resulted in damage to the property
16of another, or in actual physical injury to another excluding pain and suffering,
the
17court may order the juvenile to make repairs of the damage to property or reasonable
18restitution for the damage or injury, either in the form of cash payments or, if the
19victim agrees, the performance of services for the victim, or both, if the court, after
20taking into consideration the well-being and needs of the victim, considers it
21beneficial to the well-being and behavior of the juvenile.
Any such An order
22requiring payment for repairs or restitution shall include a finding that the juvenile
23alone is financially able to pay or physically able to perform the services, may allow
24up to the date of the expiration of the order for the payment or for the completion of
25the services
, and may include a schedule for the performance and completion of the
1services.
Objection by If the juvenile
objects to the amount of damages claimed
shall
2entitle, the juvenile
is entitled to a hearing on the question of damages before the
3amount of restitution is ordered. Any recovery under this subsection shall be reduced
4by the amount recovered as restitution for the same act under s. 938.45 (1r) (a).
AB443,188,10
5(5) Boating safety course. If the violation is related to unsafe use of a boat,
6order the juvenile to attend a
boating safety course under s. 30.74 (1). If the juvenile
7has a valid
boating safety certificate at the time that the court imposes
sentence the
8disposition, the court shall
permanently revoke the certificate and order the person
9to obtain
a another boating safety certificate
of satisfactory completion of a safety
10course under s. 30.74 (1).
AB443,188,14
11(6) Hunting, trapping, or fishing license suspension. If the violation is of ch.
1229,
suspension of suspend the license or licenses of the juvenile issued under that
13chapter for not more than one year or until the juvenile is 18 years of age, whichever
14occurs first.
AB443,188,17
15(7) Hunter education program. If the violation is related to the unsafe use of
16firearms, order the juvenile to attend
the course under the hunter education program
17course under s. 29.591.
AB443, s. 403
18Section
403. 938.343 (8) of the statutes is amended to read:
AB443,188,2119
938.343
(8) Snowmobile safety course. If the violation is one under ch. 350
20concerning the use of snowmobiles, order the juvenile to attend a
snowmobile safety
21course under s. 350.055.
AB443, s. 404
22Section
404. 938.343 (9) of the statutes is amended to read:
AB443,189,223
938.343
(9) All-terrain vehicle safety course. If the violation is one under
24s. 23.33 or under an ordinance enacted in conformity with s. 23.33 concerning the use
1of all-terrain vehicles, order the juvenile to
enroll and participate in attend an
2all-terrain vehicle safety course.
AB443, s. 405
3Section
405. 938.343 (10) (title) of the statutes is created to read:
AB443,189,44
938.343
(10) (title)
Alcohol or drug assessment, treatment, or education.
AB443, s. 406
5Section
406. 938.344 (2) (title) of the statutes is created to read:
AB443,189,76
938.344
(2) (title)
Underage alcohol possession or possession on school
7grounds.
AB443, s. 407
8Section
407. 938.344 (2) (a), (b) and (c) of the statutes are amended to read:
AB443,189,129
938.344
(2) (a) For a first violation, a forfeiture of not more than $50,
10suspension of the juvenile's operating privilege
as provided under s. 343.30 (6) (b) 1.
, 11or
the juvenile's participation in a supervised work program or other community
12service work under s. 938.34 (5g).
AB443,189,1813
(b) For a violation committed within 12 months of one previous violation, a
14forfeiture of not more than $100 or
the juvenile's participation in a supervised work
15program or other community service work under s. 938.34 (5g). In addition, the
16juvenile's operating privilege may be suspended
as provided under s. 343.30 (6) (b)
172., except that if the violation of s. 125.07 (4) (b) involved a motor vehicle the juvenile's
18operating privilege shall be suspended
as provided under s. 343.30 (6) (b) 2.
AB443,189,2419
(c) For a violation committed within 12 months of 2 or more previous violations,
20a forfeiture of not more than $500 or
the juvenile's participation in a supervised work
21program or other community service work under s. 938.34 (5g). In addition, the
22juvenile's operating privilege may be suspended
as provided under s. 343.30 (6) (b)
233., except that if the violation of s. 125.07 (4) (b) involved a motor vehicle the juvenile's
24operating privilege shall be suspended
as provided under s. 343.30 (6) (b) 3.
AB443, s. 408
25Section
408. 938.344 (2b) (title) of the statutes is created to read:
AB443,190,2
1938.344
(2b) (title)
Underage purchase of alcohol or entering licensed
2premises.
AB443, s. 409
3Section
409. 938.344 (2b) (a), (b) and (c) of the statutes are amended to read:
AB443,190,74
938.344
(2b) (a) For a first violation, a forfeiture of not less than $250 nor more
5than $500, suspension of the juvenile's operating privilege
as provided under s.
6343.30 (6) (b) 1.
, or
the juvenile's participation in a supervised work program or other
7community service work under s. 938.34 (5g).
AB443,190,138
(b) For a violation committed within 12 months of one previous violation, a
9forfeiture of not less than $300 nor more than $500 or
the juvenile's participation in
10a supervised work program or other community service work under s. 938.34 (5g).
11In addition, the juvenile's operating privilege may be suspended
as provided under
12s. 343.30 (6) (b) 2., except that if the violation involved a motor vehicle the juvenile's
13operating privilege shall be suspended
as provided under s. 343.30 (6) (b) 2.
AB443,190,1914
(c) For a violation committed within 12 months of 2 or more previous violations,
15a forfeiture of $500 or
the juvenile's participation in a supervised work program or
16other community service work under s. 938.34 (5g). In addition, the juvenile's
17operating privilege may be suspended
as provided under s. 343.30 (6) (b) 3., except
18that if the violation involved a motor vehicle the juvenile's operating privilege shall
19be suspended
as provided under s. 343.30 (6) (b) 3.
AB443, s. 410
20Section
410. 938.344 (2d) (title) of the statutes is created to read:
AB443,190,2121
938.344
(2d) (title)
False proof of age.
AB443, s. 411
22Section
411. 938.344 (2d) (a), (b) and (c) of the statutes are amended to read:
AB443,191,223
938.344
(2d) (a) For a first violation, a forfeiture of not less than $100 nor more
24than $500, suspension of the juvenile's operating privilege
as provided under s.
1343.30 (6) (b) 1.
, or
the juvenile's participation in a supervised work program or other
2community service work under s. 938.34 (5g).
AB443,191,73
(b) For a violation committed within 12 months of a previous violation, a
4forfeiture of not less than $300 nor more than $500, suspension of the juvenile's
5operating privilege
as provided under s. 343.30 (6) (b) 2.
, or
the juvenile's 6participation in a supervised work program or other community service work under
7s. 938.34 (5g).
AB443,191,118
(c) For a violation committed within 12 months of 2 or more previous violations,
9a forfeiture of $500, suspension of the juvenile's operating privilege
as provided 10under s. 343.30 (6) (b) 3.
, or
the juvenile's participation in a supervised work program
11or other community service work under s. 938.34 (5g).
AB443, s. 412
12Section
412. 938.344 (2e) (title) of the statutes is created to read:
AB443,191,1313
938.344
(2e) (title)
Drug paraphernalia violation.
AB443, s. 413
14Section
413. 938.344 (2e) (a) 1., 2. and 3., (b) and (c) of the statutes are
15amended to read:
AB443,191,1816
938.344
(2e) (a) 1. For a first violation, a forfeiture of not more than $50 or
the
17juvenile's participation in a supervised work program or other community service
18work under s. 938.34 (5g) or both.
AB443,191,2119
2. For a violation committed within 12 months of a previous violation, a
20forfeiture of not more than $100 or
the juvenile's participation in a supervised work
21program or other community service work under s. 938.34 (5g) or both.
AB443,191,2422
3. For a violation committed within 12 months of 2 or more previous violations,
23a forfeiture of not more than $500 or
the juvenile's participation in a supervised work
24program or other community service work under s. 938.34 (5g) or both.
AB443,192,6
1(b) Whenever a court suspends a juvenile's operating privilege under this
2subsection, the court shall immediately take possession of any suspended license and
3forward it to the department of transportation, together with the notice of
4suspension
clearly stating that the suspension is for a violation under s. 961.573 (2),
5961.574 (2)
, or 961.575 (2), or a local ordinance that strictly conforms to one of those
6statutes.
AB443,192,117
(c) If the juvenile's license or operating privilege is currently suspended or
8revoked or the juvenile does not currently possess a valid operator's license
issued 9under ch. 343, the suspension under this subsection is effective on the date on which
10the juvenile is first eligible and applies for issuance or reinstatement of an operator's
11license under ch. 343.
AB443, s. 414
12Section
414. 938.344 (2g) (title) of the statutes is created to read:
AB443,192,1313
938.344
(2g) (title)
Stay of order.
AB443, s. 415
14Section
415. 938.344 (2g) (a) 1. and 4. a. and b. and (d) of the statutes are
15amended to read:
AB443,192,2016
938.344
(2g) (a) 1. Submit to an alcohol and other drug abuse assessment that
17conforms to the criteria
specified under s. 938.547 (4) and that is conducted by an
18approved treatment facility. The order shall designate an approved treatment
19facility to conduct the alcohol and other drug abuse assessment and shall specify the
20date by which the assessment must be completed.
AB443,192,2421
4. a. The chief judge of the judicial administrative district has approved a teen
22court program established in the juvenile's county of residence and the
judge court 23determines that participation in the teen court program will likely benefit the
24juvenile and the community.
AB443,193,3
1b. The juvenile admits or pleads no contest in open court,
with in the presence
2of the juvenile's parent, guardian or legal custodian
present, to the allegations that
3the juvenile committed the violation specified in sub. (2), (2b), (2d) or (2e).
AB443,193,134
(d) If an approved treatment facility, court-approved pupil assistance program
, 5or court-approved alcohol or other drug abuse education program, with the written
6informed consent of the juvenile or, if the juvenile has not attained the age of 12, the
7written informed consent of the juvenile's parent, notifies the agency primarily
8responsible for providing services to the juvenile that a juvenile is not participating,
9or has not satisfactorily completed, a recommended alcohol or other drug abuse
10treatment program, a court-approved pupil assistance program
, or a
11court-approved alcohol or other drug abuse education program, the court shall hold
12a hearing to determine whether
to impose the penalties under sub. (2), (2b), (2d)
, or
13(2e)
should be imposed.
AB443, s. 416
14Section
416. 938.344 (2m) (title) and (3) (title) of the statutes are created to
15read:
AB443,193,1616
938.344
(2m) (title)
Counting violations.
AB443,193,17
17(3) (title)
Prosecution in adult court.
AB443, s. 417
18Section
417. 938.345 (1) (intro.), (a), (d), (e) and (g) of the statutes are amended
19to read:
AB443,193,2320
938.345
(1) Dispositional order. (intro.) If the court finds that the juvenile
21is in need of protection or services, the court shall enter an order
deciding including 22one or more of the dispositions
of the case as provided in under s. 938.34 under a care
23and treatment plan except that the order may not do any of the following:
AB443,194,3
1(a) Place the juvenile in the serious juvenile offender program
, or a secured 2juvenile correctional facility
, a secured child caring institution or a secured
group
3home residential care center for children and youth.
AB443,194,54
(d) Restrict
, or suspend
or revoke the driving privileges of the juvenile, except
5as provided under sub. (2).
AB443,194,106
(e) Place any juvenile not
specifically found under
chs. ch. 46, 49, 51, 115
and,
7or 880 to
be developmentally disabled or mentally ill have a developmental disability
8or a mental illness or to be a child with a disability, as defined in s. 115.76 (5), in
9facilities which a facility that exclusively
treat treats one or more of those categories
10of juveniles.
AB443,194,1211
(g)
Order Place the juvenile
into in a juvenile detention
facility or juvenile
12portion of a county jail or
in nonsecure custody under s. 938.34 (3) (f).
Note: In s. 938.345 (1) (d), stats., removes revocation of a juvenile's driving
privileges as a JIPS disposition to be consistent with the parallel delinquency disposition
under s. 938.34 (14m).
AB443, s. 418
13Section
418. 938.345 (2) of the statutes is amended to read:
AB443,194,2114
938.345
(2) School dropouts and habitual truants. If the court finds that a
15juvenile is in need of protection or services based on the fact that the juvenile is a
16school dropout, as defined in s. 118.153 (1) (b), or based on habitual truancy, and the
17court also finds that
the reason the juvenile has dropped out of school or is a habitual
18truant
is as a result of the juvenile's intentional refusal to attend school rather than
19the failure of any other person to comply with s. 118.15 (1) (a), the court, instead of
20or in addition to any other disposition imposed under sub. (1), may enter an order
21permitted under s. 938.342.
AB443, s. 419
22Section
419. 938.345 (3) (title) of the statutes is created to read:
AB443,194,2323
938.345
(3) (title)
Sex offender registration.
AB443, s. 420
1Section
420. 938.345 (3) (a) (intro.) and (c) of the statutes are amended to read:
AB443,195,102
938.345
(3) (a) (intro.) If the court finds that a juvenile is in need of protection
3or services on the basis of a violation, or the solicitation, conspiracy, or attempt to
4commit a violation, under ch. 940, 944, or 948 or ss. 942.08 or 943.01 to 943.15, the
5court may require the juvenile to comply with the reporting requirements under s.
6301.45 if the court determines that the underlying conduct was sexually motivated,
7as defined in s. 980.01 (5), and that it
would be
is in the interest of public protection
8to have the juvenile report under s. 301.45. In determining whether it
would be is 9in the interest of public protection to have the juvenile report under s. 301.45, the
10court may consider any of the following:
AB443,195,1611
(c) If the court orders a juvenile to comply with the reporting requirements
12under s. 301.45, the clerk of the court in which the order is entered shall promptly
13forward a copy of the order to the department
of corrections. If the finding of need
14of protection or services on which the order is based is reversed, set aside
, or vacated,
15the clerk of the court shall promptly forward to the department
of corrections a
16certificate stating that the finding has been reversed, set aside or vacated.
AB443, s. 421
17Section
421. 938.346 (1) (title) of the statutes is created to read:
AB443,195,1818
938.346
(1) (title)
Information to victims.