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, if the person has not previously
been convicted of a crime or adjudicated delinquent. The bill, however, does not affect
the age at which a person who has previously been convicted of a crime or adjudicated
delinquent is subject to that jurisdiction and those procedures.
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:
AB387,1 4Section 1. 48.02 (1d) of the statutes is amended to read:
AB387,3,7
148.02 (1d) "Adult" means a person who is 18 years of age or older, except that
2for purposes of investigating or prosecuting a person who is alleged to have violated
3any state or federal criminal law or any civil law or municipal ordinance, "adult"
4means includes a person who has attained 17 years of age who has previously been
5convicted of a crime or adjudicated delinquent or who is alleged to have committed
6any violent crime specified in s. 939.632 (1) (e) 1. or 2. or any misdemeanor under s.
7940.42, if the underlying crime is a felony, or s. 941.20 (1) (b), (bm), (c), or (d) or 941.24
.
AB387,2 8Section 2. 48.02 (2) of the statutes is amended to read:
AB387,3,169 48.02 (2) "Child",," when used without further qualification, means a person
10who is less than 18 years of age, except that for purposes of investigating or
11prosecuting a person who is alleged to have violated a state or federal criminal law
12or any civil law or municipal ordinance, "child" does not include a person who has
13attained
17 years of age who has previously been convicted of a crime or adjudicated
14delinquent or who is alleged to have committed any violent crime specified in s.
15939.632 (1) (e) 1. or 2. or any misdemeanor under s. 940.42, if the underlying crime
16is a felony, or s. 941.20 (1) (b), (bm), (c), or (d) or 941.24
.
AB387,3 17Section 3. 48.366 (8) of the statutes is amended to read:
AB387,4,518 48.366 (8) Transfer to or between facilities. The department of corrections
19may transfer a person subject to an order between juvenile correctional facilities.
20After the person attains the age of 17 years becomes an adult, the department of
21corrections may place the person in a state prison named in s. 302.01, except that the
22department of corrections may not place any person under the age of 18 years in the
23correctional institution authorized in s. 301.16 (1n). If the department of corrections
24places a person subject to an order under this section in a state prison, that
25department shall provide services for that person from the appropriate

1appropriation under s. 20.410 (1). The department of corrections may transfer a
2person placed in a state prison under this subsection to or between state prisons
3named in s. 302.01 without petitioning for revision of the order under sub. (5) (a),
4except that the department of corrections may not transfer any person under the age
5of 18 years to the correctional institution authorized in s. 301.16 (1n).
AB387,4 6Section 4. Subchapter IX (title) of chapter 48 [precedes 48.44] of the statutes
7is amended to read:
AB387,4,88 CHAPTER 48
AB387,4,119 SUBCHAPTER IX
10 JURISDICTION OVER PERSON 17
11 OR OLDER
adults
AB387,5 12Section 5. 48.44 (title) of the statutes is amended to read:
AB387,4,13 1348.44 (title) Jurisdiction over persons 17 or older adults.
AB387,6 14Section 6. 48.44 (1) of the statutes is amended to read:
AB387,4,1715 48.44 (1) The court has jurisdiction over persons 17 years of age or older adults
16as provided under ss. 48.133, 48.355 (4), and 48.45 and as otherwise specifically
17provided in this chapter.
AB387,7 18Section 7. 48.45 (1) (a) of the statutes is amended to read:
AB387,5,219 48.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition
20described in s. 48.13 it appears that any person 17 years of age or older adult has been
21guilty of contributing to, encouraging, or tending to cause by any act or omission,
22such
that condition of the child, the judge may make orders with respect to the
23conduct of such that person in his or her relationship to the child, including orders
24determining the ability of the person to provide for the maintenance or care of the

1child and directing when, how, and from where funds for the maintenance or care
2shall be paid.
AB387,8 3Section 8. 48.45 (1) (am) of the statutes is amended to read:
AB387,5,104 48.45 (1) (am) If in the hearing of a case of an unborn child and the unborn
5child's expectant mother alleged to be in a condition described in s. 48.133 it appears
6that any person 17 years of age or over adult has been guilty of contributing to,
7encouraging, or tending to cause by any act or omission, such that condition of the
8unborn child and expectant mother, the judge may make orders with respect to the
9conduct of such that person in his or her relationship to the unborn child and
10expectant mother.
AB387,9 11Section 9. 48.45 (3) of the statutes is amended to read:
AB387,5,1612 48.45 (3) If it appears at a court hearing that any person 17 years of age or older
13adult has violated s. 948.40, the judge shall refer the record to the district attorney
14for criminal proceedings as may be warranted in the district attorney's judgment.
15This subsection does not prevent prosecution of violations of s. 948.40 without the
16prior reference by the judge to the district attorney, as in other criminal cases.
AB387,10 17Section 10. 118.163 (4) of the statutes is amended to read:
AB387,5,1918 118.163 (4) A person who is under 17 years of age a minor on the date of
19disposition is subject to s. 938.342.
AB387,11 20Section 11. 125.07 (4) (d) of the statutes is amended to read:
AB387,5,2421 125.07 (4) (d) A person who is under 17 years of age a minor on the date of
22disposition is subject to s. 938.344 unless proceedings have been instituted against
23the person in a court of civil or criminal jurisdiction after dismissal of the citation
24under s. 938.344 (3).
AB387,12 25Section 12. 125.07 (4) (e) 1. of the statutes is amended to read:
AB387,6,2
1125.07 (4) (e) 1. In this paragraph, "defendant" means a person found guilty
2of violating par. (a) or (b) who is 17, 18, 19 or 20 an adult under 21 years of age.
AB387,13 3Section 13. 125.085 (3) (bt) of the statutes is amended to read:
AB387,6,74 125.085 (3) (bt) A person who is under 17 years of age a minor on the date of
5disposition is subject to s. 938.344 unless proceedings have been instituted against
6the person in a court of civil or criminal jurisdiction after dismissal of the citation
7under s. 938.344 (3).
AB387,14 8Section 14. 165.83 (1) (c) 1. of the statutes is amended to read:
AB387,6,109 165.83 (1) (c) 1. An act that is committed by a person who has attained the age
10of 17
an adult and that is a felony or a misdemeanor.
AB387,15 11Section 15. 165.83 (1) (c) 2. of the statutes is amended to read:
AB387,6,1412 165.83 (1) (c) 2. An act that is committed by a person minor who has attained
13the age of 10 but who has not attained the age of 17 and that would be a felony or
14misdemeanor if committed by an adult.
AB387,16 15Section 16. 301.12 (2m) of the statutes is amended to read:
AB387,6,1816 301.12 (2m) The liability specified in sub. (2) shall not apply to persons 17 18
17and older receiving care, maintenance, services, and supplies provided by prisons
18named in s. 302.01.
AB387,17 19Section 17. 301.12 (14) (a) of the statutes is amended to read:
AB387,7,520 301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person
21specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17
2218 years of age in residential, nonmedical facilities such as group homes, foster
23homes, residential care centers for children and youth, and juvenile correctional
24institutions is determined in accordance with the cost-based fee established under
25s. 301.03 (18). The department shall bill the liable person up to any amount of

1liability not paid by an insurer under s. 632.89 (2) or (4m) or by other 3rd-party
2benefits, subject to rules that include formulas governing ability to pay promulgated
3by the department under s. 301.03 (18). Any liability of the resident not payable by
4any other person terminates when the resident reaches age 17 18, unless the liable
5person has prevented payment by any act or omission.
AB387,18 6Section 18. 301.26 (4) (cm) 2. of the statutes is amended to read:
AB387,7,157 301.26 (4) (cm) 2. Notwithstanding pars. (a), (b), and (bm), the department
8shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the
9appropriations under s. 20.410 (3) (hm), (ho), and (hr) for the purpose of reimbursing
10juvenile correctional facilities, secured residential care centers for children and
11youth, alternate care providers, aftercare supervision providers, and corrective
12sanctions supervision providers for costs incurred beginning on July 1, 1996, for the
13care of any juvenile 14 years of age or over and under 18 years of age who has been
14placed in a juvenile correctional facility under s. 48.366 based on a delinquent act
15that is a violation of s. 940.01, 940.02, 940.05, or 940.225 (1).
AB387,19 16Section 19. 302.31 (7) of the statutes is amended to read:
AB387,7,2217 302.31 (7) The temporary placement of persons in the custody of the
18department, other than persons under 17 years of age minors, and persons who have
19attained the age of 17 years but have not attained
adults under the age of 25 years
20who are under the supervision of the department under s. 48.366 or 938.355 (4) and
21who have been taken into custody pending revocation of aftercare supervision under
22s. 48.366 (5) or 938.357 (5) (e).
AB387,20 23Section 20. 938.02 (1) of the statutes is amended to read:
AB387,8,524 938.02 (1) "Adult" means a person who is 18 years of age or older, except that
25for purposes of investigating or prosecuting a person who is alleged to have violated

1any state or federal criminal law or any civil law or municipal ordinance, "adult"
2means includes a person who has attained 17 years of age who has previously been
3convicted of a crime or adjudicated delinquent or who is alleged to have committed
4any violent crime specified in s. 939.632 (1) (e) 1. or 2. or any misdemeanor under s.
5940.42, if the underlying crime is a felony, or s. 941.20 (1) (b), (bm), (c), or (d) or 941.24
.
AB387,21 6Section 21. 938.02 (10m) of the statutes is amended to read:
AB387,8,147 938.02 (10m) "Juvenile",," when used without further qualification, means a
8person who is less than 18 years of age, except that for purposes of investigating or
9prosecuting a person who is alleged to have violated a state or federal criminal law
10or any civil law or municipal ordinance, "juvenile" does not include a person who has
11attained
17 years of age who has previously been convicted of a crime or adjudicated
12delinquent or who is alleged to have committed any violent crime specified in s.
13939.632 (1) (e) 1. or 2. or any misdemeanor under s. 940.42, if the underlying crime
14is a felony, or s. 941.20 (1) (b), (bm), (c) or (d) or 941.24
.
AB387,22 15Section 22. 938.12 (2) of the statutes is amended to read:
AB387,8,2016 938.12 (2) Seventeen-year-olds Juveniles who become adults. If a petition
17alleging that a juvenile is delinquent is filed before the juvenile is 17 years of age
18becomes an adult, but the juvenile becomes 17 years of age an adult before admitting
19the facts of the petition at the plea hearing or, if the juvenile denies the facts, before
20an adjudication, the court retains jurisdiction over the case.
AB387,23 21Section 23. 938.18 (2) of the statutes is amended to read:
AB387,9,522 938.18 (2) Petition. The petition for waiver of jurisdiction may be filed by the
23district attorney or the juvenile or may be initiated by the court and shall contain a
24brief statement of the facts supporting the request for waiver. The petition for waiver
25of jurisdiction shall be accompanied by or filed after the filing of a petition alleging

1delinquency and shall be filed prior to the plea hearing, except that if the juvenile
2denies the facts of the petition and becomes 17 years of age an adult before an
3adjudication, the petition for waiver of jurisdiction may be filed at any time prior to
4the adjudication. If the court initiates the petition for waiver of jurisdiction, the
5judge shall disqualify himself or herself from any future proceedings on the case.
AB387,24 6Section 24. 938.183 (3) of the statutes is amended to read:
AB387,9,147 938.183 (3) Placement in state prison; parole. When a juvenile who is subject
8to a criminal penalty under sub. (1m) or s. 938.183 (2), 2003 stats., attains the age
9of 17 years
becomes an adult, the department may place the juvenile in a state prison
10named in s. 302.01, except that the department may not place any person under the
11age of 18 years in the correctional institution authorized in s. 301.16 (1n). A juvenile
12who is subject to a criminal penalty under sub. (1m) or under s. 938.183 (2), 2003
13stats., for an act committed before December 31, 1999, is eligible for parole under s.
14304.06.
AB387,25 15Section 25. 938.255 (1) (intro.) of the statutes is amended to read:
AB387,9,2216 938.255 (1) Title and contents. (intro.) A petition initiating proceedings
17under this chapter, other than a petition initiating proceedings under s. 938.12,
18938.125, or 938.13 (12), shall be entitled, "In the interest of (juvenile's name), a
19person under the age of 18".." A petition initiating proceedings under s. 938.12,
20938.125, or 938.13 (12) shall be entitled, "In the interest of (juvenile's name), a person
21under the age of 17".
juvenile." A petition initiating proceedings under this chapter
22shall specify all of the following:
AB387,26 23Section 26. 938.34 (8) of the statutes is amended to read:
AB387,9,2524 938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that
25this disposition is in the best interest of the juvenile and the juvenile's rehabilitation.

1The maximum forfeiture that the court may impose under this subsection for a
2violation by a juvenile is the maximum amount of the fine that may be imposed on
3an adult for committing that violation or, if the violation is applicable only to a person
4under 18 years of age
juveniles, $100. The order shall include a finding that the
5juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months
6for payment. If the juvenile fails to pay the forfeiture, the court may vacate the
7forfeiture and order other alternatives under this section; or the court may suspend
8any license issued under ch. 29 for not less than 30 days nor more than 5 years, or
9suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more
10than 2 years. If the court suspends any license under this subsection, the clerk of the
11court shall immediately take possession of the suspended license if issued under ch.
1229 or, if the license is issued under ch. 343, the court may take possession of, and if
13possession is taken, shall destroy, the license. The court shall forward to the
14department which that issued the license a notice of suspension stating that the
15suspension is for failure to pay a forfeiture imposed by the court, together with any
16license issued under ch. 29 of which the court takes possession. If the forfeiture is
17paid during the period of suspension, the suspension shall be reduced to the time
18period which that has already elapsed and the court shall immediately notify the
19department, which shall then, if the license is issued under ch. 29, return the license
20to the juvenile. Any recovery under this subsection shall be reduced by the amount
21recovered as a forfeiture for the same act under s. 938.45 (1r) (b).
AB387,27 22Section 27. 938.343 (2) of the statutes is amended to read:
AB387,11,1423 938.343 (2) Forfeiture. Impose a forfeiture not to exceed the maximum
24forfeiture that may be imposed on an adult for committing that violation or, if the
25violation is only applicable to a person under 18 years of age juveniles, $50. The

1order shall include a finding that the juvenile alone is financially able to pay and
2shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture,
3the court may suspend any license issued under ch. 29 or suspend the juvenile's
4operating privilege, as defined in s. 340.01 (40), for not more than 2 years. The court
5shall immediately take possession of the suspended license if issued under ch. 29 or,
6if the license is issued under ch. 343, the court may take possession of, and if
7possession is taken, shall destroy, the license. The court shall forward to the
8department which that issued the license the notice of suspension stating that the
9suspension is for failure to pay a forfeiture imposed by the court, together with any
10license issued under ch. 29 of which the court takes possession. If the forfeiture is
11paid during the period of suspension, the court shall immediately notify the
12department, which shall, if the license is issued under ch. 29, return the license to
13the person. Any recovery under this subsection shall be reduced by the amount
14recovered as a forfeiture for the same act under s. 938.45 (1r) (b).
AB387,28 15Section 28. 938.344 (3) of the statutes is amended to read:
AB387,11,2316 938.344 (3) Prosecution in adult court. If the juvenile alleged to have
17committed the violation is within 3 months of his or her 17th birthday becoming an
18adult
, the court assigned to exercise jurisdiction under this chapter and ch. 48 may,
19at the request of the district attorney or on its own motion, dismiss the citation
20without prejudice and refer the matter to the district attorney for prosecution under
21s. 125.07 (4). The juvenile is entitled to a hearing only on the issue of his or her age.
22This subsection does not apply to violations under s. 961.573 (2), 961.574 (2), or
23961.575 (2) or a local ordinance that strictly conforms to one of those statutes.
AB387,29 24Section 29. 938.35 (1m) of the statutes is amended to read:
AB387,12,6
1938.35 (1m) Future criminal proceedings barred. Disposition by the court
2assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation
3under s. 938.12 or 938.13 (12) shall bar any future proceeding on the same matter
4in criminal court when the juvenile attains 17 years of age becomes an adult. This
5paragraph subsection does not affect proceedings in criminal court that have been
6transferred under s. 938.18.
AB387,30 7Section 30. 938.355 (4) (b) of the statutes is amended to read:
AB387,13,38 938.355 (4) (b) Except as provided in s. 938.368, an order under s. 938.34 (4d)
9or (4m) made before the juvenile attains 18 years of age may apply for up to 2 years
10after the date on which the order is granted or until the juvenile's 18th 19th birthday,
11whichever is earlier, unless the court specifies a shorter period of time or the court
12terminates the order sooner. If the order does not specify a termination date, it shall
13apply for one year after the date on which the order is granted or until the juvenile's
1418th 19th birthday, whichever is earlier, unless the court terminates the order
15sooner. Except as provided in s. 938.368, an order under s. 938.34 (4h) made before
16the juvenile attains 18 years of age shall apply for 5 years after the date on which the
17order is granted, if the juvenile is adjudicated delinquent for committing a violation
18of s. 943.10 (2) or for committing an act that would be punishable as a Class B or C
19felony if committed by an adult, or until the juvenile reaches 25 years of age, if the
20juvenile is adjudicated delinquent for committing an act that would be punishable
21as a Class A felony if committed by an adult. Except as provided in s. 938.368, an
22extension of an order under s. 938.34 (4d), (4h), (4m), or (4n) made before the juvenile
23attains 17 years of age becomes an adult shall terminate at the end of one year after
24the date on which the order is granted unless the court specifies a shorter period of
25time or the court terminates the order sooner. No extension under s. 938.365 of an

1original dispositional order under s. 938.34 (4d), (4h), (4m), or (4n) may be granted
2for a juvenile who is 17 years of age or older when becomes an adult by the time the
3original dispositional order terminates.
AB387,31 4Section 31. 938.355 (4m) (a) of the statutes is amended to read:
AB387,13,105 938.355 (4m) (a) A juvenile who has been adjudged delinquent under s. 48.12,
61993 stats., or s. 938.12 may, on attaining 17 years of age becoming an adult, petition
7the court to expunge the court's record of the juvenile's adjudication. Subject to par.
8(b), the court may expunge the record if the court determines that the juvenile has
9satisfactorily complied with the conditions of his or her dispositional order and that
10the juvenile will benefit from, and society will not be harmed by, the expungement.
AB387,32 11Section 32. 938.39 of the statutes is amended to read:
AB387,13,16 12938.39 Disposition by court bars criminal proceeding. Disposition by the
13court of any violation of state law within its jurisdiction under s. 938.12 bars any
14future criminal proceeding on the same matter in circuit court when the juvenile
15reaches the age of 17 becomes an adult. This section does not affect criminal
16proceedings in circuit court that were transferred under s. 938.18.
AB387,33 17Section 33. Subchapter IX (title) of chapter 938 [precedes 938.44] of the
18statutes is amended to read:
AB387,13,1919 CHAPTER 938
AB387,13,2220 SUBCHAPTER IX
21 JURISDICTION OVER PERSONS 17
22 OR OLDER
adults
AB387,34 23Section 34. 938.44 of the statutes is amended to read:
AB387,14,3
1938.44 Jurisdiction over persons 17 or older adults. The court has
2jurisdiction over persons 17 years of age or older adults as provided under ss. 938.355
3(4) and 938.45 and as otherwise specified in this chapter.
AB387,35 4Section 35. 938.45 (1) (a) of the statutes is amended to read:
AB387,14,125 938.45 (1) (a) If in the hearing of a case of a juvenile alleged to be delinquent
6under s. 938.12 or in need of protection or services under s. 938.13 it appears that any
7person 17 years of age or older adult has been guilty of contributing to, encouraging,
8or tending to cause by any act or omission, such that condition of the juvenile, the
9court may make orders with respect to the conduct of that person in his or her
10relationship to the juvenile, including orders relating to determining the ability of
11the person to provide for the maintenance or care of the juvenile and directing when,
12how, and from where funds for the maintenance or care shall be paid.
AB387,36 13Section 36. 938.45 (3) of the statutes is amended to read:
AB387,14,1814 938.45 (3) Prosecution of adult contributing to delinquency of juvenile.
15If it appears at a court hearing that any person 17 years of age or older adult has
16violated s. 948.40, the court shall refer the record to the district attorney. This
17subsection does not prohibit prosecution of violations of s. 948.40 without the prior
18reference by the court to the district attorney.
AB387,37 19Section 37. 938.48 (4m) (title) of the statutes is amended to read:
AB387,14,2120 938.48 (4m) (title) Continuing care and services for juveniles over 17 who
21become adults
.
AB387,38 22Section 38. 938.48 (4m) (a) of the statutes is amended to read:
AB387,14,2323 938.48 (4m) (a) Is at least 17 years of age an adult.
AB387,39 24Section 39. 938.48 (4m) (b) of the statutes is amended to read:
AB387,15,3
1938.48 (4m) (b) Was under the supervision of the department under s. 938.183,
2938.34 (4h), (4m), or (4n), or 938.357 (4) when the person reached 17 years of age
3became an adult.
AB387,40 4Section 40. 938.48 (14) of the statutes is amended to read:
AB387,15,125 938.48 (14) School-related expenses for juveniles over 17 who become
6adults
. Pay maintenance, tuition, and related expenses from the appropriation
7under s. 20.410 (3) (ho) for persons who, when they attained 17 years of age became
8adults
, were students regularly attending a school, college, or university or regularly
9attending a course of vocational or technical training designed to prepare them for
10gainful employment, and who upon attaining that age adulthood were under the
11supervision of the department under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357
12(4) as a result of a judicial decision.
AB387,41 13Section 41. 938.57 (3) (title) of the statutes is amended to read:
AB387,15,1514 938.57 (3) (title) Continuing maintenance for juveniles over 17 who become
15adults
.
AB387,42 16Section 42. 938.57 (3) (a) (intro.) of the statutes is amended to read:
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