LRB-3834/1
GMM&JK:bjk:pg
2007 - 2008 LEGISLATURE
February 4, 2008 - Introduced by Representatives Friske, Grigsby, Kessler,
Jeskewitz, Bies, Boyle, Townsend, Berceau, Sherman, Turner, Sinicki,
Ballweg, Seidel, Parisi, A. Williams, Fields, Young, Schneider, Staskunas,
Toles
and Soletski, cosponsored by Senators Erpenbach, Taylor, Vinehout,
Breske, Miller
and Sullivan. Referred to Committee on Criminal Justice.
AB746,2,5 1An Act to amend 46.215 (2) (c) 3., 46.22 (1) (e) 3. c., 48.02 (1d), 48.02 (2), 48.366
2(8), subchapter IX (title) of chapter 48 [precedes 48.44], 48.44 (title), 48.44 (1),
348.45 (1) (a), 48.45 (1) (am), 48.45 (3), 49.45 (6m) (br) 1., 77.52 (1), 77.52 (17m)
4(f) 2., 77.53 (1), 77.61 (4) (c), 118.163 (4), 125.07 (4) (d), 125.07 (4) (e) 1., 125.085
5(3) (bt), 165.83 (1) (c) 1., 165.83 (1) (c) 2., 301.12 (2m), 301.12 (14) (a), 301.26 (3)
6(c), 301.26 (3) (em), 301.26 (4) (a), 301.26 (6) (a), 302.31 (7), 938.02 (1), 938.02
7(10m), 938.12 (2), 938.18 (2), 938.183 (3), 938.255 (1) (intro.), 938.344 (3), 938.35
8(1m), 938.355 (4) (b), 938.355 (4m) (a), 938.39, subchapter IX (title) of chapter
9938 [precedes 938.44], 938.44, 938.45 (1) (a), 938.45 (3), 938.48 (4m) (a), 938.48
10(4m) (b), 938.48 (14), 938.57 (3) (a) 1., 938.57 (3) (a) 3., 938.57 (3) (b), 946.50
11(intro.), 948.01 (1), 948.11 (2) (am) (intro.), 948.45 (1), 948.60 (2) (d), 948.61 (4),
12961.455 (1), 961.46, 961.573 (2), 961.574 (2), 961.575 (1), 961.575 (2), 961.575
13(3), 990.01 (3) and 990.01 (20); to repeal and recreate 49.45 (6m) (br) 1.,
14938.57 (3) (a) 3. and 938.57 (3) (b); and to create 20.410 (3) (h), 77.51 (24), 77.51

1(25), 77.52 (1d) and 77.53 (1d) of the statutes; relating to: the age at which a
2person who is alleged to have violated a criminal law, a civil law, or a municipal
3ordinance is subject to circuit court or municipal court rather than juvenile
4court jurisdiction, imposing a fee on the sale of video games and video gaming
5devices, and making an appropriation.
Analysis by the Legislative Reference Bureau
Under current law, a person 17 years of age or older who is alleged to have
violated a criminal law is subject to the procedures specified in the Criminal
Procedure Code and, on conviction, is subject to sentencing under the Criminal Code,
which may include a sentence of imprisonment in the Wisconsin state prisons.
Currently, subject to certain exceptions, a person under 17 years of age who is alleged
to have violated a criminal law is subject to the procedures specified in the Juvenile
Justice Code and, on being adjudicated delinquent, is subject to an array of
dispositions under that code including placement in a juvenile correctional facility.
This bill raises from 17 to 18 the age at which a person who is alleged to have violated
a criminal law is subject to the procedures specified in the Criminal Procedure Code
and, on conviction, to sentencing under the Criminal Code.
Similarly, under current law, a person 17 years of age or older who is alleged to
have violated a civil law or municipal ordinance is subject to the jurisdiction and
procedures of the circuit court or, if applicable, the municipal court, while a person
under 17 years of age who is alleged to have violated a civil law or municipal
ordinance, subject to certain exceptions, is subject to the jurisdiction and procedures
of the court assigned to exercise jurisdiction under the Juvenile Justice Code. This
bill raises from 17 to 18 the age at which a person who is alleged to have violated a
civil law or municipal ordinance is subject to the jurisdiction and procedures of the
circuit court or, if applicable, the municipal court.
Under current law, the state imposes a sales and use tax at the rate of 5 percent
of the gross receipts on the sale of tangible personal property, including video games,
and on the sale of certain services. Under the bill, the state imposes an additional
fee on the sale of video games and video gaming devices at the rate of 1 percent of the
gross receipts from such sales. This bill appropriates all moneys received from the
fee to the Department of Corrections (DOC) and requires DOC to allocate those
moneys to counties to pay for state-provided juvenile correctional services and local
delinquency-related and juvenile justice services.

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:
AB746, s. 1 1Section 1. 20.410 (3) (h) of the statutes is created to read:
AB746,3,122 20.410 (3) (h) Video games fee; community youth and family aids. All moneys
3received from the fees imposed under ss. 77.52 (1d) and 77.53 (1d) for the
4improvement and provision of juvenile delinquency-related services under s. 301.26
5and for reimbursement to counties having a population of less than 500,000 for the
6cost of court attached intake services as provided in s. 938.06 (4). Notwithstanding
7ss. 20.001 (3) (a) and 20.002 (1), the department of corrections may transfer moneys
8under this paragraph between fiscal years. Except for moneys authorized for
9transfer under s. 301.26 (3), all moneys from this paragraph allocated under s. 301.26
10(3) and not spent or encumbered by counties by December 31 of each year shall lapse
11into the county aid fund on the succeeding January 1. The joint committee on finance
12may transfer additional moneys to the next calendar year.
AB746, s. 2 13Section 2. 46.215 (2) (c) 3. of the statutes is amended to read:
AB746,4,214 46.215 (2) (c) 3. A county department of social services shall develop, under the
15requirements of s. 301.08 (2), plans and contracts for juvenile delinquency-related
16care and services to be purchased. The department of corrections may review the
17contracts and approve them if they are consistent with s. 301.08 (2) and if state or
18federal funds are available for such purposes. The joint committee on finance may
19require the department of corrections to submit the contracts to the committee for
20review and approval. The department of corrections may not make any payments
21to a county for programs included in a contract under review by the committee. The

1department of corrections shall reimburse each county for the contracts from the
2appropriations under s. 20.410 (3) (cd), (h), and (ko) as appropriate.
AB746, s. 3 3Section 3. 46.22 (1) (e) 3. c. of the statutes is amended to read:
AB746,4,144 46.22 (1) (e) 3. c. A county department of social services shall develop, under
5the requirements of s. 301.08 (2), plans and contracts for juvenile
6delinquency-related care and services to be purchased. The department of
7corrections may review the contracts and approve them if they are consistent with
8s. 301.08 (2) and to the extent that state or federal funds are available for such
9purposes. The joint committee on finance may require the department of corrections
10to submit the contracts to the committee for review and approval. The department
11of corrections may not make any payments to a county for programs included in the
12contract that is under review by the committee. The department of corrections shall
13reimburse each county for the contracts from the appropriations under s. 20.410 (3)
14(cd), (h), and (ko) as appropriate.
AB746, s. 4 15Section 4. 48.02 (1d) of the statutes is amended to read:
AB746,4,1916 48.02 (1d) "Adult" means a person who is 18 years of age or older, except that
17for purposes of investigating or prosecuting a person who is alleged to have violated
18any state or federal criminal law or any civil law or municipal ordinance, "adult"
19means a person who has attained 17 years of age
.
AB746, s. 5 20Section 5. 48.02 (2) of the statutes is amended to read:
AB746,4,2421 48.02 (2) "Child" means a person who is less than 18 years of age, except that
22for purposes of investigating or prosecuting a person who is alleged to have violated
23a state or federal criminal law or any civil law or municipal ordinance, "child" does
24not include a person who has attained 17 years of age
.
AB746, s. 6 25Section 6. 48.366 (8) of the statutes is amended to read:
AB746,5,13
148.366 (8) Transfer to or between facilities. The department of corrections
2may transfer a person subject to an order between juvenile correctional facilities.
3After the person attains the age of 17 18 years, the department of corrections may
4place the person in a state prison named in s. 302.01, except that the department of
5corrections may not place any person under the age of 18 years in the correctional
6institution authorized in s. 301.16 (1n)
. If the department of corrections places a
7person subject to an order under this section in a state prison, that department shall
8provide services for that person from the appropriate appropriation under s. 20.410
9(1). The department of corrections may transfer a person placed in a state prison
10under this subsection to or between state prisons named in s. 302.01 without
11petitioning for revision of the order under sub. (5) (a), except that the department of
12corrections may not transfer any person under the age of 18 years to the correctional
13institution authorized in s. 301.16 (1n)
.
AB746, s. 7 14Section 7. Subchapter IX (title) of chapter 48 [precedes 48.44] of the statutes
15is amended to read:
AB746,5,1616 CHAPTER 48
AB746,5,1817 SUBCHAPTER IX
18 JURISDICTION OVER PERSON 17 18 OR OLDER
AB746, s. 8 19Section 8. 48.44 (title) of the statutes is amended to read:
AB746,5,20 2048.44 (title) Jurisdiction over persons 17 18 or older.
AB746, s. 9 21Section 9. 48.44 (1) of the statutes is amended to read:
AB746,5,2422 48.44 (1) The court has jurisdiction over persons 17 18 years of age or older as
23provided under ss. 48.133, 48.355 (4), and 48.45 and as otherwise specifically
24provided in this chapter.
AB746, s. 10 25Section 10. 48.45 (1) (a) of the statutes is amended to read:
AB746,6,8
148.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition
2described in s. 48.13 it appears that any person 17 18 years of age or older has been
3guilty of contributing to, encouraging, or tending to cause by any act or omission,
4such that condition of the child, the judge may make orders with respect to the
5conduct of such that person in his or her relationship to the child, including orders
6determining the ability of the person to provide for the maintenance or care of the
7child and directing when, how, and from where funds for the maintenance or care
8shall be paid.
AB746, s. 11 9Section 11. 48.45 (1) (am) of the statutes is amended to read:
AB746,6,1610 48.45 (1) (am) If in the hearing of a case of an unborn child and the unborn
11child's expectant mother alleged to be in a condition described in s. 48.133 it appears
12that any person 17 18 years of age or over has been guilty of contributing to,
13encouraging, or tending to cause by any act or omission, such that condition of the
14unborn child and expectant mother, the judge may make orders with respect to the
15conduct of such that person in his or her relationship to the unborn child and
16expectant mother.
AB746, s. 12 17Section 12. 48.45 (3) of the statutes is amended to read:
AB746,6,2218 48.45 (3) If it appears at a court hearing that any person 17 18 years of age or
19older has violated s. 948.40, the judge shall refer the record to the district attorney
20for criminal proceedings as may be warranted in the district attorney's judgment.
21This subsection does not prevent prosecution of violations of s. 948.40 without the
22prior reference by the judge to the district attorney, as in other criminal cases.
AB746, s. 13 23Section 13. 49.45 (6m) (br) 1. of the statutes is amended to read:
AB746,7,724 49.45 (6m) (br) 1. Notwithstanding s. 20.410 (3) (cd), (h), or (ko), 20.435 (4) (bt)
25or (7) (b), or 20.445 (3) (dz), the department shall reduce allocations of funds to

1counties in the amount of the disallowance from the appropriation account under s.
220.435 (4) (bt) or (7) (b), or the department shall direct the department of workforce
3development to reduce allocations of funds to counties or Wisconsin works agencies
4in the amount of the disallowance from the appropriation account under s. 20.445 (3)
5(dz) or direct the department of corrections to reduce allocations of funds to counties
6in the amount of the disallowance from the appropriation account under s. 20.410 (3)
7(cd), (h), or (ko) in accordance with s. 16.544 to the extent applicable.
AB746, s. 14 8Section 14. 49.45 (6m) (br) 1. of the statutes, as affected by 2007 Wisconsin
9Acts 20
and .... (this act), is repealed and recreated to read:
AB746,7,1810 49.45 (6m) (br) 1. Notwithstanding s. 20.410 (3) (cd), (h), or (ko), 20.435 (4) (bt)
11or (7) (b), or 20.437 (2) (dz), the department shall reduce allocations of funds to
12counties in the amount of the disallowance from the appropriation account under s.
1320.435 (4) (bt) or (7) (b), or the department shall direct the department of children
14and families to reduce allocations of funds to counties or Wisconsin Works agencies
15in the amount of the disallowance from the appropriation account under s. 20.437 (2)
16(dz) or direct the department of corrections to reduce allocations of funds to counties
17in the amount of the disallowance from the appropriation account under s. 20.410 (3)
18(cd), (h), or (ko) in accordance with s. 16.544 to the extent applicable.
AB746, s. 15 19Section 15. 77.51 (24) of the statutes is created to read:
AB746,7,2220 77.51 (24) "Video game" means any electronically operated game that involves
21manipulating images produced by a computer program on a visual display unit,
22including a computer monitor, a television, or a video gaming device.
AB746, s. 16 23Section 16. 77.51 (25) of the statutes is created to read:
AB746,7,2524 77.51 (25) "Video gaming device" means a video game console or handheld
25device that is used primarily for displaying video games.
AB746, s. 17
1Section 17. 77.52 (1) of the statutes is amended to read:
AB746,8,72 77.52 (1) For Except as provided in sub. (1d), for the privilege of selling, leasing ,
3or renting tangible personal property, including accessories, components,
4attachments, parts, supplies, and materials, at retail a tax is imposed upon all
5retailers at the rate of 5% of the gross receipts from the sale, lease , or rental of
6tangible personal property, including accessories, components, attachments, parts,
7supplies, and materials, sold, leased, or rented at retail in this state.
AB746, s. 18 8Section 18. 77.52 (1d) of the statutes is created to read:
AB746,8,149 77.52 (1d) In addition to the tax imposed on sub. (1), a fee is imposed upon all
10retailers at the rate of 1 percent of the gross receipts from the sale, lease, or rental
11of video games and video gaming devices, including accessories, components,
12attachments, parts, and supplies that are sold, leased, or rented at retail in this state.
13All moneys from the fee imposed under this subsection shall be credited to the
14appropriation under s. 20.410 (3) (h).
AB746, s. 19 15Section 19. 77.52 (17m) (f) 2. of the statutes is amended to read:
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