SB308: Bill Text

SB308,48 Section 48. 946.50 (intro.) of the statutes is amended to read:

SB308,16,18 946.50 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 years becoming an adult is guilty of the following:

SB308,49 Section 49. 948.01 (1) of the statutes is amended to read:

SB308,17,2 948.01 (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 of age who has previously been convicted of a crime or adjudicated delinquent or who is alleged to have committed any violent crime specified in s. 939.632 (1) (e) 1. or 2. or any misdemeanor under s. 940.42, if the underlying crime is a felony, or s. 941.20 (1) (b), (bm), (c), or (d) or 941.24.

SB308,50 Section 50. 948.11 (2) (am) (intro.) of the statutes is amended to read:

SB308,17,8 948.11 (2) (am) (intro.) Any person who has attained the age of 17 and adult 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:

SB308,51 Section 51. 948.45 (1) of the statutes is amended to read:

SB308,17,13 948.45 (1) Except as provided in sub. (2), any person 17 years of age or older adult 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 years of age or under child is guilty of a Class C misdemeanor.

SB308,52 Section 52. 948.60 (2) (d) of the statutes is amended to read:

SB308,17,18 948.60 (2) (d) A person under 17 years of age child 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.

SB308,53 Section 53. 948.61 (4) of the statutes is amended to read:

SB308,17,23 948.61 (4) A person under 17 years of age child 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.

SB308,54 Section 54. 961.455 (title) of the statutes is amended to read:

SB308,18,2 961.455 (title) Using a child minor for illegal drug distribution or manufacturing purposes.

SB308,55 Section 55. 961.455 (1) of the statutes is amended to read:

SB308,18,6 961.455 (1) Any person who has attained the age of 17 years adult who knowingly solicits, hires, directs, employs, or uses a person who is under the age of 17 years minor for the purpose of violating s. 961.41 (1) is guilty of a Class F felony.

SB308,56 Section 56. 961.455 (2) of the statutes is amended to read:

SB308,18,12 961.455 (2) The knowledge requirement under sub. (1) does not require proof of knowledge of the age of the child minor. It is not a defense to a prosecution under this section that the actor mistakenly believed that the person solicited, hired, directed, employed, or used under sub. (1) had attained the age of 18 years, even if the mistaken belief was reasonable.

SB308,57 Section 57. 961.46 of the statutes is amended to read:

SB308,18,19 961.46 Distribution to persons under age 18 minors. If a person 17 years of age or over an adult 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 minor 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.

SB308,58 Section 58. 961.573 (2) of the statutes is amended to read:

SB308,18,22 961.573 (2) Any person minor who violates sub. (1) who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

SB308,59 Section 59. 961.574 (2) of the statutes is amended to read:

SB308,18,25 961.574 (2) Any person minor who violates sub. (1) who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

SB308,60 Section 60. 961.575 (1) of the statutes is amended to read:

SB308,19,5 961.575 (1) Any person 17 years of age or over adult who violates s. 961.574 (1) by delivering drug paraphernalia to a person 17 years of age or under minor who is at least 3 years younger than the violator may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB308,61 Section 61. 961.575 (2) of the statutes is amended to read:

SB308,19,8 961.575 (2) Any person minor who violates this section who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

SB308,62 Section 62. 961.575 (3) of the statutes is amended to read:

SB308,19,12 961.575 (3) Any person 17 years of age or over adult who violates s. 961.574 (3) by delivering drug paraphernalia to a person 17 years of age or under minor is guilty of a Class G felony.

SB308,63 Section 63. 990.01 (3) of the statutes is amended to read:

SB308,19,21 990.01 (3) Adult. "Adult" means a person who has attained the age of 18 years, 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 includes a person who has attained the age of 17 years of age who has previously been convicted of a crime or adjudicated delinquent or who is alleged to have committed any violent crime specified in s. 939.632 (1) (e) 1. or 2. or any misdemeanor under s. 940.42, if the underlying crime is a felony, or s. 941.20 (1) (b), (bm), (c), or (d) or 941.24.

SB308,64 Section 64. 990.01 (20) of the statutes is amended to read:

SB308,20,5 990.01 (20) Minor. "Minor" means a person who has not attained the age of 18 years, 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, "minor" does not include a person who has attained the age of 17 years of age who has previously been convicted of a crime or adjudicated delinquent or who is alleged to have committed any violent crime specified in s. 939.632 (1) (e) 1. or 2. or any misdemeanor under s. 940.42, if the underlying crime is a felony, or s. 941.20 (1) (b), (bm), (c), or (d) or 941.24.

SB308,65 Section 65. Initial applicability.

SB308,20,9 (1) Age of adult jurisdiction. This act first applies to a violation of a criminal law, civil law, or municipal ordinance allegedly committed on the effective date of this subsection.

SB308,66 Section 66. Effective date.

SB308,20,11 (1) This act takes effect on January 1, 2015.

SB308,20,12 (End)