AB732,18,223 938.02 (10m) "Juvenile" means a person who is less than 18 years of age, except
24that for purposes of investigating or prosecuting a person who is alleged to have
25violated committed a violation of a state or federal criminal law or any civil law or

1municipal ordinance
that is punishable as a felony, "juvenile" does not include a
2person who has attained 17 years of age.
AB732, s. 50 3Section 50. 938.02 (10m) of the statutes, as affected by 2009 Wisconsin Act ....
4(this act), is repealed and recreated to read:
AB732,18,55 938.02 (10m) "Juvenile" means a person who is less than 18 years of age.
AB732, s. 51 6Section 51. 938.12 (2) of the statutes is amended to read:
AB732,18,167 938.12 (2) Seventeen-year-olds Retention of jurisdiction. If a petition
8alleging that a juvenile is delinquent for committing an act that would be a felony
9if committed by an adult
is filed before the juvenile is 17 years of age, but the juvenile
10becomes 17 years of age before admitting the facts of the petition at the plea hearing
11or if the juvenile denies the facts, before an adjudication, the court retains
12jurisdiction over the case. If a petition alleging that a juvenile is delinquent for
13committing an act that would be a misdemeanor if committed by an adult is filed
14before the juvenile is 18 years of age, but the juvenile becomes 18 years of age before
15admitting the facts of the petition at the plea hearing or if the juvenile denies the
16facts, before an adjudication, the court retains jurisdiction over the case.
AB732, s. 52 17Section 52. 938.12 (2) of the statutes, as affected by 2009 Wisconsin Act ....
18(this act), is repealed and recreated to read:
AB732,18,2319 938.12 (2) Retention of jurisdiction. If a petition alleging that a juvenile is
20delinquent is filed before the juvenile is 18 years of age, but the juvenile becomes 18
21years of age before admitting the facts of the petition at the plea hearing or if the
22juvenile denies the facts, before an adjudication, the court retains jurisdiction over
23the case.
AB732, s. 53 24Section 53. 938.18 (2) of the statutes is amended to read:
AB732,19,13
1938.18 (2) Petition. The petition for waiver of jurisdiction may be filed by the
2district attorney or the juvenile or may be initiated by the court and shall contain a
3brief statement of the facts supporting the request for waiver. The petition for waiver
4of jurisdiction shall be accompanied by or filed after the filing of a petition alleging
5delinquency and shall be filed prior to the plea hearing, except that if the juvenile
6denies the facts of the a petition alleging that the juvenile has committed a violation
7that would be punishable as a felony if committed by an adult
and becomes 17 years
8of age before an adjudication or if the juvenile denies that facts of a petition alleging
9that the juvenile has committed a violation that would be punishable as a
10misdemeanor if committed by and adult and becomes 18 years of age before an
11adjudication
, the petition for waiver of jurisdiction may be filed at any time prior to
12the adjudication. If the court initiates the petition for waiver of jurisdiction, the
13judge shall disqualify himself or herself from any future proceedings on the case.
AB732, s. 54 14Section 54. 938.18 (2) of the statutes, as affected by 2009 Wisconsin Act ....
15(this act), is repealed and recreated to read:
AB732,19,2416 938.18 (2) Petition. The petition for waiver of jurisdiction may be filed by the
17district attorney or the juvenile or may be initiated by the court and shall contain a
18brief statement of the facts supporting the request for waiver. The petition for waiver
19of jurisdiction shall be accompanied by or filed after the filing of a petition alleging
20delinquency and shall be filed prior to the plea hearing, except that if the juvenile
21denies the facts of the petition and becomes 18 years of age before an adjudication,
22the petition for waiver of jurisdiction may be filed at any time prior to the
23adjudication. If the court initiates the petition for waiver of jurisdiction, the judge
24shall disqualify himself or herself from any future proceedings on the case.
AB732, s. 55 25Section 55. 938.183 (3) of the statutes is amended to read:
AB732,20,7
1938.183 (3) Placement in state prison; parole. When a juvenile who is subject
2to a criminal penalty under sub. (1m) or s. 938.183 (2), 2003 stats., attains the age
3of 17 18 years, the department may place the juvenile in a state prison named in s.
4302.01, except that the department may not place any person under the age of 18
5years in the correctional institution authorized in s. 301.16 (1n)
. A juvenile who is
6subject to a criminal penalty under sub. (1m) or under s. 938.183 (2), 2003 stats., for
7an act committed before December 31, 1999, is eligible for parole under s. 304.06.
AB732, s. 56 8Section 56. 938.255 (1) (intro.) of the statutes is amended to read:
AB732,20,179 938.255 (1) Title and contents. (intro.) A petition initiating proceedings
10under this chapter, other than a petition initiating proceedings under s. 938.12,
11938.125,
or 938.13 (12) alleging that the juvenile has committed a violation that
12would be punishable as a felony if committed by an adult
, shall be entitled, "In the
13interest of (juvenile's name), a person under the age of 18". A petition initiating
14proceedings under s. 938.12, 938.125, or 938.13 (12) alleging that the juvenile has
15committed a violation that would be punishable as a felony if committed by an adult

16shall be entitled, "In the interest of (juvenile's name), a person under the age of 17".
17A petition initiating proceedings under this chapter shall specify all of the following:
AB732, s. 57 18Section 57. 938.255 (1) (intro.) of the statutes, as affected by 2009 Wisconsin
19Act .... (this act), is repealed and recreated to read:
AB732,20,2320 938.255 (1) Title and contents. (intro.) A petition initiating proceedings
21under this chapter shall be entitled, "In the interest of (juvenile's name), a person
22under the age of 18." A petition initiating proceedings under this chapter shall
23specify all of the following:
AB732, s. 58 24Section 58. 938.344 (3) of the statutes is amended to read:
AB732,21,8
1938.344 (3) Prosecution in adult court. If the juvenile alleged to have
2committed the violation is within 3 months of his or her 17th 18th birthday, the court
3assigned to exercise jurisdiction under this chapter and ch. 48 may, at the request
4of the district attorney or on its own motion, dismiss the citation without prejudice
5and refer the matter to the district attorney for prosecution under s. 125.07 (4). The
6juvenile is entitled to a hearing only on the issue of his or her age. This subsection
7does not apply to violations under s. 961.573 (2), 961.574 (2), or 961.575 (2) or a local
8ordinance that strictly conforms to one of those statutes.
AB732, s. 59 9Section 59. 938.35 (1m) of the statutes is amended to read:
AB732,21,2010 938.35 (1m) Future criminal proceedings barred. Disposition by the court
11assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation
12under s. 938.12 or 938.13 (12) that the juvenile has committed a violation that would
13be punishable as a felony if committed by an adult
shall bar any future proceeding
14on the same matter in criminal court when the juvenile attains 17 years of age.
15Disposition by the court assigned to exercise jurisdiction under this chapter and ch.
1648 of any allegation under s. 938.12 or 938.13 (12) that the juvenile has committed
17a violation that would be punishable as a misdemeanor if committed by an adult shall
18bar any future proceeding on the same matter in criminal court when the juvenile
19attains 18 years of age.
This paragraph subsection does not affect proceedings in
20criminal court that have been transferred under s. 938.18.
AB732, s. 60 21Section 60. 938.35 (1m) of the statutes, as affected by 2009 Wisconsin Act ....
22(this act), is repealed and recreated to read:
AB732,22,223 938.35 (1m) Future criminal proceedings barred. Disposition by the court
24assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation
25under s. 938.12 or 938.13 (12) shall bar any future proceeding on the same matter

1in criminal court when the juvenile attains 18 years of age. This subsection does not
2affect proceedings in criminal court that have been transferred under s. 938.18.
AB732, s. 61 3Section 61. 938.355 (4) (b) of the statutes is amended to read:
AB732,22,244 938.355 (4) (b) Except as provided in s. 938.368, an order under s. 938.34 (4d)
5or (4m) made before the juvenile attains 18 years of age may apply for up to 2 years
6after the date on which the order is granted or until the juvenile's 18th 19th birthday,
7whichever is earlier, unless the court specifies a shorter period of time or the court
8terminates the order sooner. If the order does not specify a termination date, it shall
9apply for one year after the date on which the order is granted or until the juvenile's
1018th birthday, whichever is earlier, unless the court terminates the order sooner.
11Except as provided in s. 938.368, an order under s. 938.34 (4h) made before the
12juvenile attains 18 years of age shall apply for 5 years after the date on which the
13order is granted, if the juvenile is adjudicated delinquent for committing a violation
14of s. 943.10 (2) or for committing an act that would be punishable as a Class B or C
15felony if committed by an adult, or until the juvenile reaches 25 years of age, if the
16juvenile is adjudicated delinquent for committing an act that would be punishable
17as a Class A felony if committed by an adult. Except as provided in s. 938.368, an
18extension of an order under s. 938.34 (4d), (4h), (4m), or (4n) made before the juvenile
19attains 17 18 years of age shall terminate at the end of one year after the date on
20which the order is granted unless the court specifies a shorter period of time or the
21court terminates the order sooner. No extension under s. 938.365 of an original
22dispositional order under s. 938.34 (4d), (4h), (4m), or (4n) may be granted for a
23juvenile who is 17 18 years of age or older when the original dispositional order
24terminates.
AB732, s. 62 25Section 62. 938.355 (4m) (a) of the statutes is amended to read:
AB732,23,11
1938.355 (4m) (a) A juvenile who has been adjudged delinquent under s. 48.12,
21993 stats., or s. 938.12 for committing a violation that would be punishable as a
3felony if committed by an adult
may, on attaining 17 years of age, petition the court
4to expunge the court's record of the juvenile's adjudication. A juvenile who has been
5adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 for committing a
6violation that would be punishable as a misdemeanor if committed by an adult may,
7on attaining 18 years of age, petition the court to expunge the court's record of the
8juvenile's adjudication.
Subject to par. (b), the court may expunge the record if the
9court determines that the juvenile has satisfactorily complied with the conditions of
10his or her dispositional order and that the juvenile will benefit from, and society will
11not be harmed by, the expungement.
AB732, s. 63 12Section 63. 938.355 (4m) (a) of the statutes, as affected by 2009 Wisconsin Act
13.... (this act), is repealed and recreated to read:
AB732,23,1914 938.355 (4m) (a) A juvenile who has been adjudged delinquent under s. 48.12,
151993 stats., or s. 938.12 may, on attaining 18 years of age, petition the court to
16expunge the court's record of the juvenile's adjudication. Subject to par. (b), the court
17may expunge the record if the court determines that the juvenile has satisfactorily
18complied with the conditions of his or her dispositional order and that the juvenile
19will benefit from, and society will not be harmed by, the expungement.
AB732, s. 64 20Section 64. 938.39 of the statutes is amended to read:
AB732,24,4 21938.39 Disposition by court bars criminal proceeding. Disposition by the
22court of any violation of state law within its jurisdiction under s. 938.12 that would
23be punishable as a felony if committed by an adult
bars any future criminal
24proceeding on the same matter in circuit court when the juvenile reaches the age of
2517. Disposition by the court of any violation of state law within its jurisdiction under

1s. 938.12 that would be punishable as a misdemeanor if committed by an adult bars
2any future criminal proceeding on the same matter in circuit court when the juvenile
3reaches the age of 18.
This section does not affect criminal proceedings in circuit
4court that were transferred under s. 938.18.
AB732, s. 65 5Section 65. 938.39 of the statutes, as affected by 2009 Wisconsin Act .... (this
6act), is repealed and recreated to read:
AB732,24,11 7938.39 Disposition by court bars criminal proceeding. Disposition by the
8court of any violation of state law within its jurisdiction under s. 938.12 bars any
9future criminal proceeding on the same matter in circuit court when the juvenile
10reaches the age of 18. This section does not affect criminal proceedings in circuit
11court that were transferred under s. 938.18.
AB732, s. 66 12Section 66. Subchapter IX (title) of chapter 938 [precedes 938.44] of the
13statutes is amended to read:
AB732,24,1414 CHAPTER 938
AB732,24,1515 SUBCHAPTER IX
AB732,24,1616 JURISDICTION OVER PERSONS 17 18 OR OLDER
AB732, s. 67 17Section 67. 938.44 of the statutes is amended to read:
AB732,24,20 18938.44 Jurisdiction over persons 17 18 or older. The court has jurisdiction
19over persons 17 18 years of age or older as provided under ss. 938.355 (4) and 938.45
20and as otherwise specified in this chapter.
AB732, s. 68 21Section 68. 938.45 (1) (a) of the statutes is amended to read:
AB732,25,722 938.45 (1) (a) If in the hearing of a case of a juvenile alleged to be delinquent
23under s. 938.12 or in need of protection or services under s. 938.13 it appears that any
24person 17 years of age or older has been guilty of contributing to, encouraging, or
25tending to cause, by any act or omission, such that is punishable as a felony, that

1condition of the juvenile or that any person 18 years of age or older has been guilty
2of contributing to, encouraging, or tending to cause, by an act or omission that is
3punishable as a misdemeanor, that condition of the juvenile
, the court may make
4orders with respect to the conduct of that person in his or her relationship to the
5juvenile, including orders relating to determining the ability of the person to provide
6for the maintenance or care of the juvenile and directing when, how, and where funds
7for the maintenance or care shall be paid.
AB732, s. 69 8Section 69. 938.45 (1) (a) of the statutes, as affected by 2009 Wisconsin Act ....
9(this act), is repealed and recreated to read:
AB732,25,1710 938.45 (1) (a) If in the hearing of a case of a juvenile alleged to be delinquent
11under s. 938.12 or in need of protection or services under s. 938.13 it appears that any
12person 18 years of age or older has been guilty of contributing to, encouraging, or
13tending to cause, by any act or omission, that condition of the juvenile, the court may
14make orders with respect to the conduct of that person in his or her relationship to
15the juvenile, including orders relating to determining the ability of the person to
16provide for the maintenance or care of the juvenile and directing when, how, and
17where funds for the maintenance or care shall be paid.
AB732, s. 70 18Section 70. 938.45 (3) of the statutes is amended to read:
AB732,25,2519 938.45 (3) Prosecution of adult contributing to delinquency of juvenile.
20If it appears at a court hearing that any person 17 years of age or older has violated
21s. 948.40 and that the violation is punishable as a felony or that any person 18 years
22of age or older has violated s. 948.40 and that the violation is punishable as a
23misdemeanor
, the court shall refer the record to the district attorney. This subsection
24does not prohibit prosecution of violations of s. 948.40 without the prior reference by
25the court to the district attorney.
AB732, s. 71
1Section 71. 938.45 (3) of the statutes, as affected by 2009 Wisconsin Act ....
2(this act), is repealed and recreated to read:
AB732,26,73 938.45 (3) Prosecution of adult contributing to delinquency of juvenile.
4If it appears at a court hearing that any person 18 years of age or older has violated
5s. 948.40, the court shall refer the record to the district attorney. This subsection does
6not prohibit prosecution of violations of s. 948.40 without the prior reference by the
7court to the district attorney.
AB732, s. 72 8Section 72. 938.48 (4m) (title) of the statutes is amended to read:
AB732,26,99 938.48 (4m) (title) Continuing care and services for juveniles over 17 18.
AB732, s. 73 10Section 73. 938.48 (4m) (a) of the statutes is amended to read:
AB732,26,1111 938.48 (4m) (a) Is at least 17 18 years of age.
AB732, s. 74 12Section 74. 938.48 (4m) (b) of the statutes is amended to read:
AB732,26,1413 938.48 (4m) (b) Was under the supervision of the department under s. 938.183,
14938.34 (4h), (4m), or (4n) or 938.357 (4) when the person reached 17 18 years of age.
AB732, s. 75 15Section 75. 938.48 (14) of the statutes is amended to read:
AB732,26,2316 938.48 (14) School-related expenses for juveniles over 17 18. Pay
17maintenance, tuition, and related expenses from the appropriation under s. 20.410
18(3) (ho) for persons who, when they attained 17 18 years of age, were students
19regularly attending a school, college, or university or regularly attending a course of
20vocational or technical training designed to prepare them for gainful employment,
21and who upon attaining that age were under the supervision of the department
22under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (4) as a result of a judicial
23decision.
AB732, s. 76 24Section 76. 938.57 (3) (title) of the statutes is amended to read:
AB732,26,2525 938.57 (3) (title) Continuing maintenance for juveniles over 17 18 .
AB732, s. 77
1Section 77. 938.57 (3) (a) 1. of the statutes is amended to read:
AB732,27,22 938.57 (3) (a) 1. Is 17 18 years of age or older.
AB732, s. 78 3Section 78. 938.57 (3) (a) 3. of the statutes is amended to read:
AB732,27,54 938.57 (3) (a) 3. Received funding under s. 48.569 (1) (d) immediately prior to
5his or her 17th 18th birthday.
AB732, s. 79 6Section 79. 938.57 (3) (b) of the statutes is amended to read:
AB732,27,97 938.57 (3) (b) The funding provided for the maintenance of a juvenile under par.
8(a) shall be in an amount equal to that to which the juvenile would receive under s.
948.569 (1) (d) if the juvenile were 16 17 years of age.
AB732, s. 80 10Section 80. 946.50 (intro.) of the statutes is amended to read:
AB732,27,18 11946.50 Absconding. (intro.) Any person who is adjudicated delinquent, but
12who intentionally fails to appear before the court assigned to exercise jurisdiction
13under chs. 48 and 938 for his or her dispositional hearing under s. 938.335, and who
14does not return to that court for a dispositional hearing before attaining the age of
1517 years, if adjudicated delinquent for committing a violation that would be a felony
16if committed by an adult, or 18 years, if adjudicated delinquent for committing a
17violation that would be a misdemeanor if committed by an adult,
is guilty of the
18following:
AB732, s. 81 19Section 81. 946.50 (intro.) of the statutes, as affected by 2009 Wisconsin Act
20.... (this act), is repealed and recreated to read:
AB732,27,25 21946.50 Absconding. (intro.) Any person who is adjudicated delinquent, but
22who intentionally fails to appear before the court assigned to exercise jurisdiction
23under chs. 48 and 938 for his or her dispositional hearing under s. 938.335, and who
24does not return to that court for a dispositional hearing before attaining the age of
2518 years is guilty of the following:
AB732, s. 82
1Section 82. 948.01 (1) of the statutes is amended to read:
AB732,28,52 948.01 (1) "Child" means a person who has not attained the age of 18 years,
3except that for purposes of prosecuting a person who is alleged to have violated
4committed a violation of a state or federal criminal law that is punishable as a felony,
5"child" does not include a person who has attained the age of 17 years.
AB732, s. 83 6Section 83. 948.01 (1) of the statutes, as affected by 2009 Wisconsin Act ....
7(this act), is repealed and recreated to read:
AB732,28,88 948.01 (1) "Child" means a person who has not attained the age of 18 years.
AB732, s. 84 9Section 84. 948.11 (2) (am) (intro.) of the statutes is amended to read:
AB732,28,1410 948.11 (2) (am) (intro.) Any person who has attained the age of 17 18 and who,
11with knowledge of the character and content of the description or narrative account,
12verbally communicates, by any means, a harmful description or narrative account
13to a child, with or without monetary consideration, is guilty of a Class I felony if any
14of the following applies:
AB732, s. 85 15Section 85. 948.45 (1) of the statutes is amended to read:
AB732,28,1916 948.45 (1) Except as provided in sub. (2), any person 17 18 years of age or older
17who, by any act or omission, knowingly encourages or contributes to the truancy, as
18defined under s. 118.16 (1) (c), of a person 17 18 years of age or under is guilty of a
19Class C misdemeanor.
AB732, s. 86 20Section 86. 948.60 (2) (d) of the statutes is amended to read:
AB732,29,221 948.60 (2) (d) A person under 17 years of age who has violated this subsection
22par. (b) or (c) is subject to the provisions of ch. 938 unless jurisdiction is waived under
23s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction
24under s. 938.183. A person under 18 years of age who has violated par. (a) is subject

1to ch. 938 unless jurisdiction is waived under s. 938.18 or the person is subject to the
2jurisdiction of a court of criminal jurisdiction under s. 938.183.
AB732, s. 87 3Section 87. 948.60 (2) (d) of the statutes, as affected by 2009 Wisconsin Act ....
4(this act), is repealed and recreated to read:
AB732,29,75 948.60 (2) (d) A person under 18 years of age who has violated this subsection
6is subject to ch. 938 unless jurisdiction is waived under s. 938.18 or the person is
7subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.
AB732, s. 88 8Section 88. 948.61 (4) of the statutes is amended to read:
AB732,29,149 948.61 (4) A person under 17 years of age who has violated this section sub. (2)
10(b)
is subject to the provisions of ch. 938, unless jurisdiction is waived under s. 938.18
11or the person is subject to the jurisdiction of a court of criminal jurisdiction under s.
12938.183. A person under 18 years of age who has violated sub. (2) (a) is subject to ch.
13938, unless jurisdiction is waived under s. 938.18 or the person is subject to the
14jurisdiction of a court of criminal jurisdiction under s. 938.183.
AB732, s. 89 15Section 89. 948.61 (4) of the statutes, as affected by 2009 Wisconsin Act ....
16(this act), is repealed and recreated to read:
AB732,29,1917 948.61 (4) A person under 18 years of age who has violated this section is
18subject to ch. 938, unless jurisdiction is waived under s. 938.18 or the person is
19subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.
AB732, s. 90 20Section 90. 961.455 (1) of the statutes is amended to read:
AB732,29,2321 961.455 (1) Any person who has attained the age of 17 18 years who knowingly
22solicits, hires, directs, employs, or uses a person who is under the age of 17 18 years
23for the purpose of violating s. 961.41 (1) is guilty of a Class F felony.
AB732, s. 91 24Section 91. 961.46 of the statutes is amended to read:
AB732,30,5
1961.46 Distribution to persons under age 18. If a person 17 18 years of age
2or over violates s. 961.41 (1) by distributing or delivering a controlled substance or
3a controlled substance analog to a person 17 years of age or under who is at least 3
4years his or her junior, the applicable maximum term of imprisonment prescribed
5under s. 961.41 (1) for the offense may be increased by not more than 5 years.
AB732, s. 92 6Section 92. 961.573 (2) of the statutes is amended to read:
AB732,30,87 961.573 (2) Any person who violates sub. (1) who is under 17 18 years of age
8who violates sub. (1) is subject to a disposition under s. 938.344 (2e).
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