AB746: Bill Text

AB746,10,10 125.07 (4) (e) 1. In this paragraph, "defendant" means a person found guilty of violating par. (a) or (b) who is 17, 18, 19, or 20 years of age.

AB746, s. 26 Section 26. 125.085 (3) (bt) of the statutes is amended to read:

AB746,10,15 125.085 (3) (bt) A person who is under 17 18 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).

AB746, s. 27 Section 27. 165.83 (1) (c) 1. of the statutes is amended to read:

AB746,10,18 165.83 (1) (c) 1. An act that is committed by a person who has attained the age of 17 18 and that is a felony or a misdemeanor.

AB746, s. 28 Section 28. 165.83 (1) (c) 2. of the statutes is amended to read:

AB746,10,22 165.83 (1) (c) 2. An act that is committed by a person who has attained the age of 10 but who has not attained the age of 17 18 and that would be a felony or misdemeanor if committed by an adult.

AB746, s. 29 Section 29. 301.12 (2m) of the statutes is amended to read:

AB746,11,3 301.12 (2m) The liability specified in sub. (2) shall not apply to persons 17 18 years of age and older receiving care, maintenance, services, and supplies provided by prisons named in s. 302.01.

AB746, s. 30 Section 30. 301.12 (14) (a) of the statutes is amended to read:

AB746,11,15 301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17 18 years of age in residential, nonmedical facilities such as group homes, foster homes, treatment foster homes, child caring institutions, and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 301.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (2m) or by other 3rd-party benefits, subject to rules which that include formulas governing ability to pay promulgated by the department under s. 301.03 (18). Any liability of the resident not payable by any other person terminates when the resident reaches age 17 18, unless the liable person has prevented payment by any act or omission.

AB746, s. 31 Section 31. 301.26 (3) (c) of the statutes is amended to read:

AB746,11,19 301.26 (3) (c) Within the limits of the appropriations under s. 20.410 (3) (cd), (h), and (ko), the department shall allocate funds to each county for services under this section.

AB746, s. 32 Section 32. 301.26 (3) (em) of the statutes is amended to read:

AB746,12,2 301.26 (3) (em) The department may carry forward any emergency funds allocated under sub. (7) (e) and not encumbered or carried forward under par. (dm) by December 31 to the next 2 calendar years. The department may transfer moneys from or within s. 20.410 (3) (cd), (h), and (ko) to accomplish this purpose. The department may allocate these transferred moneys to counties that are eligible for emergency payments under sub. (7) (e). The allocation does not affect a county's base allocation.

AB746, s. 33 Section 33. 301.26 (4) (a) of the statutes is amended to read:

AB746,12,15 301.26 (4) (a) Except as provided in pars. (c) and (cm), the department of corrections shall bill counties or deduct from the allocations under s. 20.410 (3) (cd), (h), and (ko) for the costs of care, services and supplies purchased or provided by the department of corrections for each person receiving services under s. 48.366, 938.183 or 938.34 or the department of health and family services for each person receiving services under s. 46.057 or 51.35 (3). The department of corrections may not bill a county for or deduct from a county's allocation the cost of care, services and supplies provided to a person subject to an order under s. 48.366 or 938.183 after the person reaches 18 years of age. Payment shall be due within 60 days after the billing date. If any payment has not been received within 60 days, the department of corrections may withhold aid payments in the amount due from the appropriation under s. 20.410 (3) (cd).

AB746, s. 34 Section 34. 301.26 (6) (a) of the statutes is amended to read:

AB746,12,20 301.26 (6) (a) The intent of this subsection is to develop criteria to assist the legislature in allocating funding, excluding funding for base allocations, from the appropriations under s. 20.410 (3) (cd), (h), and (ko) for purposes described in this section.

AB746, s. 35 Section 35. 302.31 (7) of the statutes is amended to read:

AB746,13,2 302.31 (7) The temporary placement of persons in the custody of the department, other than persons under 17 18 years of age, and persons who have attained the age of 17 18 years but have not attained the age of 25 years who are under the supervision of the department under s. 48.366 or 938.355 (4) and who have been taken into custody pending revocation of aftercare supervision under s. 48.366 (5) or 938.357 (5) (e).

AB746, s. 36 Section 36. 938.02 (1) of the statutes is amended to read:

AB746,13,7 938.02 (1) "Adult" means a person who is 18 years of age or older, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, "adult" means a person who has attained 17 years of age.

AB746, s. 37 Section 37. 938.02 (10m) of the statutes is amended to read:

AB746,13,12 938.02 (10m) "Juvenile" means a person who is less than 18 years of age, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, "juvenile" does not include a person who has attained 17 years of age.

AB746, s. 38 Section 38. 938.12 (2) of the statutes is amended to read:

AB746,13,18 938.12 (2) Seventeen-year olds Eighteen-year-olds. If a petition alleging that a juvenile is delinquent is filed before the juvenile is 17 18 years of age, but the juvenile becomes 17 18 years of age before admitting the facts of the petition at the plea hearing or if the juvenile denies the facts, before an adjudication, the court retains jurisdiction over the case.

AB746, s. 39 Section 39. 938.18 (2) of the statutes is amended to read:

AB746,14,3 938.18 (2) Petition. The petition for waiver of jurisdiction may be filed by the district attorney or the juvenile or may be initiated by the court and shall contain a brief statement of the facts supporting the request for waiver. The petition for waiver of jurisdiction shall be accompanied by or filed after the filing of a petition alleging delinquency and shall be filed prior to the plea hearing, except that if the juvenile denies the facts of the petition and becomes 17 18 years of age before an adjudication, the petition for waiver of jurisdiction may be filed at any time prior to the adjudication. If the court initiates the petition for waiver of jurisdiction, the judge shall disqualify himself or herself from any future proceedings on the case.

AB746, s. 40 Section 40. 938.183 (3) of the statutes is amended to read:

AB746,14,11 938.183 (3) Placement in state prison; parole. When a juvenile who is subject to a criminal penalty under sub. (1m) or s. 938.183 (2), 2003 stats., attains the age of 17 18 years, the department may place the juvenile in a state prison named in s. 302.01, except that the department may not place any person under the age of 18 years in the correctional institution authorized in s. 301.16 (1n). A juvenile who is subject to a criminal penalty under sub. (1m) or under s. 938.183 (2), 2003 stats., for an act committed before December 31, 1999, is eligible for parole under s. 304.06.

AB746, s. 41 Section 41. 938.255 (1) (intro.) of the statutes is amended to read:

AB746,14,19 938.255 (1) Title and contents. (intro.) A petition initiating proceedings under this chapter, other than a petition initiating proceedings under s. 938.12, 938.125, or 938.13 (12), shall be entitled, "In the interest of (juvenile's name), a person under the age of 18". A petition initiating proceedings under s. 938.12, 938.125, or 938.13 (12) shall be entitled, "In the interest of (juvenile's name), a person under the age of 17".." A petition initiating proceedings under this chapter shall specify all of the following:

AB746, s. 42 Section 42. 938.344 (3) of the statutes is amended to read:

AB746,15,3 938.344 (3) Prosecution in adult court. If the juvenile alleged to have committed the violation is within 3 months of his or her 17th 18th 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). 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.

AB746, s. 43 Section 43. 938.35 (1m) of the statutes is amended to read:

AB746,15,10 938.35 (1m) Future criminal proceedings barred. Disposition by the court assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation under s. 938.12 or 938.13 (12) shall bar any future proceeding on the same matter in criminal court when the juvenile attains 17 18 years of age. This paragraph subsection does not affect proceedings in criminal court that have been transferred under s. 938.18.

AB746, s. 44 Section 44. 938.355 (4) (b) of the statutes is amended to read:

AB746,16,7 938.355 (4) (b) Except as provided in s. 938.368, an order under s. 938.34 (4d) or (4m) made before the juvenile attains 18 years of age may apply for up to 2 years after the date on which the order is granted or until the juvenile's 18th birthday, whichever is earlier, unless the court specifies a shorter period of time or the court terminates the order sooner. If the order does not specify a termination date, it shall apply for one year after the date on which the order is granted or until the juvenile's 18th birthday, whichever is earlier, unless the court terminates the order sooner. Except as provided in s. 938.368, an order under s. 938.34 (4h) made before the juvenile attains 18 years of age shall apply for 5 years after the date on which the order is granted, if the juvenile is adjudicated delinquent for committing a violation of s. 943.10 (2) or for committing an act that would be punishable as a Class B or C felony if committed by an adult, or until the juvenile reaches 25 years of age, if the juvenile is adjudicated delinquent for committing an act that would be punishable as a Class A felony if committed by an adult. Except as provided in s. 938.368, an extension of an order under s. 938.34 (4d), (4h), (4m), or (4n) made before the juvenile attains 17 18 years of age shall terminate at the end of one year after the date on which the order is granted unless the court specifies a shorter period of time or the court terminates the order sooner. No extension under s. 938.365 of an original dispositional order under s. 938.34 (4d), (4h), (4m), or (4n) may be granted for a juvenile who is 17 18 years of age or older when the original dispositional order terminates.

AB746, s. 45 Section 45. 938.355 (4m) (a) of the statutes is amended to read:

AB746,16,14 938.355 (4m) (a) A juvenile who has been adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 may, on attaining 17 18 years of age, petition the court to expunge the court's record of the juvenile's adjudication. Subject to par. (b), the court may expunge the record if the court determines that the juvenile has satisfactorily complied with the conditions of his or her dispositional order and that the juvenile will benefit from, and society will not be harmed by, the expungement.

AB746, s. 46 Section 46. 938.39 of the statutes is amended to read:

AB746,16,20 938.39 Disposition by court bars criminal proceeding. Disposition by the court of any violation of state law within its jurisdiction under s. 938.12 bars any future criminal proceeding on the same matter in circuit court when the juvenile reaches the age of 17 18. This section does not affect criminal proceedings in circuit court that were transferred under s. 938.18.

AB746, s. 47 Section 47. Subchapter IX (title) of chapter 938 [precedes 938.44] of the statutes is amended to read:

AB746,16,23 CHAPTER 938

AB746,16,25 SUBCHAPTER IX JURISDICTION OVER PERSONS 17 18 OR OLDER

AB746, s. 48 Section 48. 938.44 of the statutes is amended to read:

AB746,17,4 938.44 Jurisdiction over persons 17 18 or older. The court has jurisdiction over persons 17 18 years of age or older as provided under ss. 938.355 (4) and 938.45 and as otherwise specified in this chapter.

AB746, s. 49 Section 49. 938.45 (1) (a) of the statutes is amended to read:

AB746,17,13 938.45 (1) (a) If in the hearing of a case of a juvenile alleged to be delinquent under s. 938.12 or in need of protection or services under s. 938.13 it appears that any person 17 18 years of age or older has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such that condition of the juvenile, the court may make orders with respect to the conduct of that person in his or her relationship to the juvenile, including orders relating to determining the ability of the person to provide for the maintenance or care of the juvenile and directing when, how, and where funds for the maintenance or care shall be paid.

AB746, s. 50 Section 50. 938.45 (3) of the statutes is amended to read:

AB746,17,19 938.45 (3) Prosecution of adult contributing to delinquency of juvenile. If it appears at a court hearing that any person 17 18 years of age or older has violated s. 948.40, the court shall refer the record to the district attorney. This subsection does not prohibit prosecution of violations of s. 948.40 without the prior reference by the court to the district attorney.

AB746, s. 51 Section 51. 938.48 (4m) (a) of the statutes is amended to read:

AB746,17,21 938.48 (4m) (a) Is at least 17 18 years of age.

AB746, s. 52 Section 52. 938.48 (4m) (b) of the statutes is amended to read:

AB746,17,24 938.48 (4m) (b) Was under the supervision of the department under s. 938.183, 938.34 (4h), (4m), or (4n) or 938.357 (4) when the person reached 17 18 years of age.

AB746, s. 53 Section 53. 938.48 (14) of the statutes is amended to read:

AB746,18,8 938.48 (14) School-related expenses for juveniles over 17 18 . Pay maintenance, tuition, and related expenses from the appropriation under s. 20.410 (3) (ho) for persons who, when they attained 17 18 years of age, were students regularly attending a school, college, or university or regularly attending a course of vocational or technical training designed to prepare them for gainful employment, and who upon attaining that age were under the supervision of the department under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (4) as a result of a judicial decision.

AB746, s. 54 Section 54. 938.57 (3) (a) 1. of the statutes is amended to read:

AB746,18,10 938.57 (3) (a) 1. Is 17 18 years of age or older.

AB746, s. 55 Section 55. 938.57 (3) (a) 3. of the statutes is amended to read:

AB746,18,13 938.57 (3) (a) 3. Received funding under s. 46.495 (1) (d) immediately prior to his or her 17th 18th birthday.

AB746, s. 56 Section 56. 938.57 (3) (a) 3. of the statutes, as affected by 2007 Wisconsin Acts 20 and .... (this act), is repealed and recreated to read:

AB746,18,17 938.57 (3) (a) 3. Received funding under s. 48.569 (1) (d) immediately prior to his or her 18th birthday.

AB746, s. 57 Section 57. 938.57 (3) (b) of the statutes is amended to read:

AB746,18,21 938.57 (3) (b) The funding provided for the maintenance of a juvenile under par. (a) shall be in an amount equal to that to which the juvenile would receive under s. 46.495 (1) (d) if the juvenile were 16 17 years of age.

AB746, s. 58 Section 58. 938.57 (3) (b) of the statutes, as affected by 2007 Wisconsin Acts 20 and .... (this act), is repealed and recreated to read:

AB746,19,3 938.57 (3) (b) The funding provided for the maintenance of a juvenile under par. (a) shall be in an amount equal to that to which the juvenile would receive under s. 48.569 (1) (d) if the juvenile were 17 years of age.

AB746, s. 59 Section 59. 946.50 (intro.) of the statutes is amended to read:

AB746,19,9 946.50 Absconding. (intro.) Any person who is adjudicated delinquent, but who intentionally fails to appear before the court assigned to exercise jurisdiction under chs. 48 and 938 for his or her dispositional hearing under s. 938.335, and who does not return to that court for a dispositional hearing before attaining the age of 17 18 years is guilty of the following:

AB746, s. 60 Section 60. 948.01 (1) of the statutes is amended to read:

AB746,19,14 948.01 (1) "Child" means a person who has not attained the age of 18 years, except that for purposes of prosecuting a person who is alleged to have violated a state or federal criminal law, "child" does not include a person who has attained the age of 17 years.

AB746, s. 61 Section 61. 948.11 (2) (am) (intro.) of the statutes is amended to read:

AB746,19,20 948.11 (2) (am) (intro.) Any person who has attained the age of 17 18 and who, with knowledge of the character and content of the description or narrative account, verbally communicates, by any means, a harmful description or narrative account to a child, with or without monetary consideration, is guilty of a Class I felony if any of the following applies:

AB746, s. 62 Section 62. 948.45 (1) of the statutes is amended to read:

AB746,19,25 948.45 (1) Except as provided in sub. (2), any person 17 18 years of age or older who, by any act or omission, knowingly encourages or contributes to the truancy, as defined under s. 118.16 (1) (c), of a person 17 18 years of age or under is guilty of a Class C misdemeanor.

AB746, s. 63 Section 63. 948.60 (2) (d) of the statutes is amended to read:

AB746,20,5 948.60 (2) (d) A person under 17 18 years of age who has violated this subsection is subject to the provisions of ch. 938 unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.

AB746, s. 64 Section 64. 948.61 (4) of the statutes is amended to read:

AB746,20,10 948.61 (4) A person under 17 18 years of age who has violated this section is subject to the provisions of ch. 938, unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.

AB746, s. 65 Section 65. 961.455 (1) of the statutes is amended to read:

AB746,20,14 961.455 (1) Any person who has attained the age of 17 18 years who knowingly solicits, hires, directs, employs, or uses a person who is under the age of 17 18 years for the purpose of violating s. 961.41 (1) is guilty of a Class F felony.

AB746, s. 66 Section 66. 961.46 of the statutes is amended to read:

AB746,20,20 961.46 Distribution to persons under age 18. If a person 17 18 years of age or over violates s. 961.41 (1) by distributing or delivering a controlled substance or a controlled substance analog to a person 17 years of age or under who is at least 3 years his or her junior, the applicable maximum term of imprisonment prescribed under s. 961.41 (1) for the offense may be increased by not more than 5 years.

AB746, s. 67 Section 67. 961.573 (2) of the statutes is amended to read:

AB746,20,23 961.573 (2) Any person who violates sub. (1) who is under 17 18 years of age who violates sub. (1) is subject to a disposition under s. 938.344 (2e).

AB746, s. 68 Section 68. 961.574 (2) of the statutes is amended to read:

AB746,21,2 961.574 (2) Any person who violates sub. (1) who is under 17 18 years of age who violates sub. (1) is subject to a disposition under s. 938.344 (2e).

AB746, s. 69 Section 69. 961.575 (1) of the statutes is amended to read: