LRB-3957/1
GMM:klm
2015 - 2016 LEGISLATURE
March 10, 2016 - Introduced by Representatives Goyke, Barnes, Bowen, Brostoff,
Kessler, Berceau, Johnson, Spreitzer and Zamarripa, cosponsored by
Senator L. Taylor. Referred to Committee on Judiciary.
AB986,1,4 1An Act to amend 938.183 (1) (intro.), 948.60 (2) (d) and 948.61 (4); and to create
2938.183 (1d), 970.032 (3) and 971.31 (13) (c) of the statutes; relating to:
3elimination of the original jurisdiction of a court of criminal jurisdiction over
4a juvenile.
Analysis by the Legislative Reference Bureau
This bill eliminates the original jurisdiction of a court of criminal jurisdiction
over a juvenile who is alleged to have 1) committed assault or battery while placed
in a juvenile correctional facility; 2) committed first-degree or second-degree
intentional homicide or first-degree reckless homicide on or after the juvenile's tenth
birthday; 3) violated any state criminal law, if the juvenile has previously been
convicted of a crime either under the original jurisdiction of a court of criminal
jurisdiction or following a waiver of jurisdiction by a court assigned to exercise
jurisdiction under the Juvenile Justice Code (juvenile court). Under the bill, a
juvenile who is alleged to have committed any of those violations on or after the
effective date of the bill is subject to the jurisdiction of the juvenile court.
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:
AB986,1
1Section 1. 938.183 (1) (intro.) of the statutes is amended to read:
AB986,2,42 938.183 (1) Juveniles under adult court jurisdiction. (intro.)
3Notwithstanding ss. 938.12 (1) and 938.18, but subject to sub. (1d), courts of criminal
4jurisdiction have exclusive original jurisdiction over all of the following:
AB986,2 5Section 2. 938.183 (1d) of the statutes is created to read:
AB986,2,126 938.183 (1d) Nonapplicability. A court of criminal jurisdiction does not have
7exclusive original jurisdiction over a juvenile as provided in sub. (1) with respect to
8any violation committed on or after the effective date of this subsection .... [LRB
9inserts date]. A juvenile who is alleged to have committed a violation described in
10sub. (1) on or after the effective date of this subsection .... [LRB inserts date], is
11subject to the jurisdiction of the court assigned to exercise jurisdiction under this
12chapter as provided in s. 938.12.
AB986,3 13Section 3. 948.60 (2) (d) of the statutes is amended to read:
AB986,2,1714 948.60 (2) (d) A person under 17 years of age who has violated this subsection
15is subject to the provisions of ch. 938 unless jurisdiction is waived under s. 938.18 or
16the person is subject to the jurisdiction of a court of criminal jurisdiction under s.
17938.183
.
AB986,4 18Section 4. 948.61 (4) of the statutes is amended to read:
AB986,2,2219 948.61 (4) A person under 17 years of age who has violated this section is
20subject to the provisions of ch. 938, unless jurisdiction is waived under s. 938.18 or
21the person is subject to the jurisdiction of a court of criminal jurisdiction under s.
22938.183
.
AB986,5 23Section 5. 970.032 (3) of the statutes is created to read:
AB986,2,2524 970.032 (3) This section does not apply to a violation committed on or after the
25effective date of this subsection .... [LRB inserts date].
AB986,6
1Section 6. 971.31 (13) (c) of the statutes is created to read:
AB986,3,32 971.31 (13) (c) This subsection does not apply to a violation committed on or
3after the effective date of this paragraph .... [LRB inserts date].
AB986,7 4Section 7. Initial applicability.
AB986,3,65 (1) Elimination of original adult court jurisdiction over a juvenile. This act
6first applies to a violation committed on the effective date of this subsection.
AB986,3,77 (End)
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