LRB-0771/5
EHS:cjs
2015 - 2016 LEGISLATURE
September 30, 2015 - Introduced by Senators Petrowski, Bewley, Carpenter,
Erpenbach, Harris Dodd, Harsdorf, Kapenga, C. Larson, Moulton, Olsen,
Ringhand, Shilling, L. Taylor and Wirch, cosponsored by Representatives
Hutton, Czaja, Allen, Ballweg, Barnes, Billings, Brandtjen, Brostoff,
Berceau, Craig, Doyle, Edming, Gannon, Genrich, Goyke, Hebl,
Hesselbein, Hintz, Jarchow, Johnson, Kahl, Kessler, Kitchens, Knudson,
Kolste, Kooyenga, Kuglitsch, Kulp, T. Larson, Loudenbeck, Macco, Milroy,
Murphy, Mursau, Murtha, Neylon, Novak, Ohnstad, A. Ott, Petryk, Pope,
Riemer, Ripp, Rodriguez, Rohrkaste, Sargent, Schraa, Spiros, Spreitzer,
Stuck, Subeck, Tauchen, C. Taylor, Thiesfeldt, Weatherston and
Zamarripa. Referred to Committee on Judiciary and Public Safety.
SB280,2,8 1An Act to renumber and amend 48.02 (1d), 48.02 (2), 938.02 (1), 938.02 (10m),
2938.355 (4) (b), 948.01 (1), 990.01 (3) and 990.01 (20); to amend subchapter IX
3(title) of chapter 48 [precedes 48.44], 48.44, 48.45 (1) (a), 48.45 (1) (am), 48.45
4(3), 118.163 (4), 125.07 (4) (d), 125.07 (4) (e) 1., 125.085 (3) (bt), 165.83 (1) (c) 1.,
5165.83 (1) (c) 2., 301.12 (2m), 301.12 (14) (a), 302.31 (7), 938.12 (2), 938.18 (2),
6938.183 (3), 938.255 (1) (intro.), 938.34 (8), 938.343 (2), 938.344 (3), 938.35 (1m),
7938.355 (4m) (a), 938.39, subchapter IX (title) of chapter 938 [precedes 938.44],
8938.44, 938.45 (1) (a), 938.45 (3), 938.48 (4m) (title), 938.48 (4m) (a), 938.48 (4m)
9(b), 938.48 (14), 938.57 (3) (title), 938.57 (3) (a) (intro.), 938.57 (3) (a) 1., 938.57
10(3) (a) 3., 938.57 (3) (b), 939.632 (1) (e) 1., 939.632 (1) (e) 3., 946.50 (intro.),
11948.11 (2) (am) (intro.), 948.45 (1), 948.60 (2) (d), 948.61 (4), 961.455 (title),
12961.455 (1), 961.455 (2), 961.46, 961.573 (2), 961.574 (2), 961.575 (1), 961.575
13(2) and 961.575 (3); and to create 48.02 (1d) (a), 48.02 (1d) (b), 48.02 (2) (a),
1448.02 (2) (b), 938.02 (1) (a), 938.02 (1) (b), 938.02 (10m) (a), 938.02 (10m) (b),

1938.355 (4) (b) 2., 948.01 (1) (a), 948.01 (1) (b), 990.01 (3) (a), 990.01 (3) (b),
2990.01 (20) (a) and 990.01 (20) (b) of the statutes; relating to: the age at which
3a person who is alleged to have violated a criminal law, a civil law, or a
4municipal ordinance and who has not been charged with certain violent
5offenses, and has not, after previously being convicted of a crime or adjudicated
6delinquent, been charged with a crime or alleged in a complaint or citation to
7have violated a civil law or municipal ordinance, is subject to juvenile court
8jurisdiction.
Analysis by the Legislative Reference Bureau
Under current law, a person 17 years of age or older who is alleged to have
violated a criminal law is subject to the procedures specified in the Criminal
Procedure Code and, on conviction, is subject to sentencing under the Criminal Code,
which may include a sentence of imprisonment in the Wisconsin state prisons.
Currently, subject to certain exceptions, a person under 17 years of age who is alleged
to have violated a criminal law is subject to the procedures specified in the Juvenile
Justice Code and, on being adjudicated delinquent, is subject to an array of
dispositions under that code including placement in a juvenile correctional facility.
This bill raises from 17 to 18 the age at which a person who is alleged to have violated
a criminal law is subject to the procedures specified in the Criminal Procedure Code
and, on conviction, to sentencing under the Criminal Code, if the person has not been
charged with committing certain violent offenses and has not, after previously being
convicted of a crime or adjudicated delinquent, been charged with a crime. The bill,
however, does not affect the age at which a person who has been charged with
committing certain violent offenses or who has, after previously being convicted of
a crime or adjudicated delinquent, been charged with a crime is subject to those
procedures and that sentencing.
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 been alleged,
in a complaint or citation filed with the court, to have violated a civil law or municipal
ordinance after previously being convicted of a crime or adjudicated delinquent. The

bill, however, does not affect the age at which a person who has been alleged, in a
complaint or citation filed with the court, to have violated a civil law or municipal
ordinance, after previously being 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:
SB280,1 1Section 1. 48.02 (1d) of the statutes is renumbered 48.02 (1d) (intro.) and
2amended to read:
SB280,3,73 48.02 (1d) (intro.) "Adult" means a person who is 18 years of age or older, except
4that, for purposes of investigating or prosecuting a person who is alleged to have
5violated any state or federal criminal law or any civil law or municipal ordinance,
6"adult" means includes a person who has attained 17 years of age. for whom any of
7the following apply:
SB280,2 8Section 2. 48.02 (1d) (a) of the statutes is created to read:
SB280,3,129 48.02 (1d) (a) The person is alleged, in a criminal complaint filed under s.
10968.02, to have committed any violent crime specified in s. 939.632 (1) (e) 1. or 2. or
11any misdemeanor under s. 940.42, if the underlying crime is a felony, or s. 941.20 (1)
12(b), (bm), (c), or (d) or 941.24.
SB280,3 13Section 3. 48.02 (1d) (b) of the statutes is created to read:
SB280,4,214 48.02 (1d) (b) The person has previously been convicted of a crime or
15adjudicated delinquent and is alleged in a criminal complaint filed under s. 968.02
16or under federal law to have committed a crime, alleged in a complaint filed under
17s. 23.65 or 778.02 or in a citation filed under s. 23.62, 778.25, or 778.26 to have
18violated a civil law punishable by a forfeiture, or alleged in a complaint or citation

1filed with or transmitted to the court under s. 800.01 (1) to have violated a municipal
2ordinance.
SB280,4 3Section 4. 48.02 (2) of the statutes is renumbered 48.02 (2) (intro.) and
4amended to read:
SB280,4,95 48.02 (2) (intro.) "Child",," when used without further qualification, means a
6person who is less than 18 years of age, except that, for purposes of investigating or
7prosecuting a person who is alleged to have violated a state or federal criminal law
8or any civil law or municipal ordinance, "child" does not include a person who has
9attained
17 years of age. for whom any of the following apply:
SB280,5 10Section 5. 48.02 (2) (a) of the statutes is created to read:
SB280,4,1411 48.02 (2) (a) The person is alleged, in a criminal complaint filed under s. 968.02,
12to have committed any violent crime specified in s. 939.632 (1) (e) 1. or 2. or any
13misdemeanor under s. 940.42, if the underlying crime is a felony, or s. 941.20 (1) (b),
14(bm), (c), or (d) or 941.24.
SB280,6 15Section 6. 48.02 (2) (b) of the statutes is created to read:
SB280,4,2116 48.02 (2) (b) The person has previously been convicted of a crime or adjudicated
17delinquent and is alleged in a criminal complaint filed under s. 968.02 or under
18federal law to have committed a crime, alleged in a complaint filed under s. 23.65 or
19778.02 or in a citation filed under s. 23.62, 778.25, or 778.26 to have violated a civil
20law punishable by a forfeiture, or alleged in a complaint or citation filed with or
21transmitted to the court under s. 800.01 (1) to have violated a municipal ordinance.
SB280,7 22Section 7. Subchapter IX (title) of chapter 48 [precedes 48.44] of the statutes
23is amended to read:
SB280,4,2424 CHAPTER 48
SB280,5,3
1SUBCHAPTER IX
2 JURISDICTION OVER PERSON 17
3 OR OLDER
adults
SB280,8 4Section 8. 48.44 of the statutes is amended to read:
SB280,5,8 548.44 Jurisdiction over persons 17 or older adults. The court has
6jurisdiction over persons 17 years of age or older adults as provided under ss. 48.133,
748.355 (4), 48.357 (6), 48.365 (5), and 48.45 and as otherwise specifically provided in
8this chapter.
SB280,9 9Section 9. 48.45 (1) (a) of the statutes is amended to read:
SB280,5,1710 48.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition
11described in s. 48.13 it appears that any person 17 years of age or older adult has been
12guilty of contributing to, encouraging, or tending to cause by any act or omission,
13such
that condition of the child, the judge may make orders with respect to the
14conduct of such that person in his or her relationship to the child, including orders
15determining the ability of the person to provide for the maintenance or care of the
16child and directing when, how, and from where funds for the maintenance or care
17shall be paid.
SB280,10 18Section 10. 48.45 (1) (am) of the statutes is amended to read:
SB280,5,2519 48.45 (1) (am) If in the hearing of a case of an unborn child and the unborn
20child's expectant mother alleged to be in a condition described in s. 48.133 it appears
21that any person 17 years of age or over adult has been guilty of contributing to,
22encouraging, or tending to cause by any act or omission, such that condition of the
23unborn child and expectant mother, the judge may make orders with respect to the
24conduct of such that person in his or her relationship to the unborn child and
25expectant mother.
SB280,11
1Section 11. 48.45 (3) of the statutes is amended to read:
SB280,6,62 48.45 (3) If it appears at a court hearing that any person 17 years of age or older
3adult has violated s. 948.40, the judge shall refer the record to the district attorney
4for criminal proceedings as may be warranted in the district attorney's judgment.
5This subsection does not prevent prosecution of violations of s. 948.40 without the
6prior reference by the judge to the district attorney, as in other criminal cases.
SB280,12 7Section 12. 118.163 (4) of the statutes is amended to read:
SB280,6,98 118.163 (4) A person who is under 17 years of age a minor on the date of
9disposition is subject to s. 938.342.
SB280,13 10Section 13. 125.07 (4) (d) of the statutes is amended to read:
SB280,6,1411 125.07 (4) (d) A person who is under 17 years of age a minor on the date of
12disposition is subject to s. 938.344 unless proceedings have been instituted against
13the person in a court of civil or criminal jurisdiction after dismissal of the citation
14under s. 938.344 (3).
SB280,14 15Section 14. 125.07 (4) (e) 1. of the statutes is amended to read:
SB280,6,1716 125.07 (4) (e) 1. In this paragraph, "defendant" means a person found guilty
17of violating par. (a) or (b) who is 17, 18, 19 or 20 an adult under 21 years of age.
SB280,15 18Section 15. 125.085 (3) (bt) of the statutes is amended to read:
SB280,6,2219 125.085 (3) (bt) A person who is under 17 years of age a minor on the date of
20disposition is subject to s. 938.344 unless proceedings have been instituted against
21the person in a court of civil or criminal jurisdiction after dismissal of the citation
22under s. 938.344 (3).
SB280,16 23Section 16. 165.83 (1) (c) 1. of the statutes is amended to read:
SB280,6,2524 165.83 (1) (c) 1. An act that is committed by a person who has attained the age
25of 17
an adult and that is a felony or a misdemeanor.
SB280,17
1Section 17. 165.83 (1) (c) 2. of the statutes is amended to read:
SB280,7,42 165.83 (1) (c) 2. An act that is committed by a person minor who has attained
3the age of 10 but who has not attained the age of 17 and that would be a felony or
4misdemeanor if committed by an adult.
SB280,18 5Section 18. 301.12 (2m) of the statutes is amended to read:
SB280,7,86 301.12 (2m) The liability specified in sub. (2) shall not apply to persons 17 18
7and older receiving care, maintenance, services, and supplies provided by prisons
8named in s. 302.01.
SB280,19 9Section 19. 301.12 (14) (a) of the statutes is amended to read:
SB280,7,2010 301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person
11specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17
1218 years of age in residential, nonmedical facilities such as group homes, foster
13homes, residential care centers for children and youth, and juvenile correctional
14institutions is determined in accordance with the cost-based fee established under
15s. 301.03 (18). The department shall bill the liable person up to any amount of
16liability not paid by an insurer under s. 632.89 (2) or (4m) or by other 3rd-party
17benefits, subject to rules that include formulas governing ability to pay promulgated
18by the department under s. 301.03 (18). Any liability of the resident not payable by
19any other person terminates when the resident reaches age 17 18, unless the liable
20person has prevented payment by any act or omission.
SB280,20 21Section 20. 302.31 (7) of the statutes is amended to read:
SB280,8,222 302.31 (7) The temporary placement of persons in the custody of the
23department, other than persons under 17 years of age minors, and persons who have
24attained the age of 17 years but have not attained
adults under the age of 25 years
25who are under the supervision of the department under s. 938.355 (4) and who have

1been taken into custody pending revocation of aftercare supervision under s. 938.357
2(5) (e).
SB280,21 3Section 21. 938.02 (1) of the statutes is renumbered 938.02 (1) (intro.) and
4amended to read:
SB280,8,95 938.02 (1) (intro.) "Adult" means a person who is 18 years of age or older, except
6that, for purposes of investigating or prosecuting a person who is alleged to have
7violated any state or federal criminal law or any civil law or municipal ordinance,
8"adult" means includes a person who has attained 17 years of age. for whom any of
9the following apply:
SB280,22 10Section 22. 938.02 (1) (a) of the statutes is created to read:
SB280,8,1411 938.02 (1) (a) The person is alleged, in a criminal complaint filed under s.
12968.02, to have committed any violent crime specified in s. 939.632 (1) (e) 1. or 2. or
13any misdemeanor under s. 940.42, if the underlying crime is a felony, or s. 941.20 (1)
14(b), (bm), (c), or (d) or 941.24.
SB280,23 15Section 23. 938.02 (1) (b) of the statutes is created to read:
SB280,8,2216 938.02 (1) (b) The person has previously been convicted of a crime or
17adjudicated delinquent and is alleged in a criminal complaint filed under s. 968.02
18or under federal law to have committed a crime, alleged in a complaint filed under
19s. 23.65 or 778.02 or in a citation filed under s. 23.62, 778.25, or 778.26 to have
20violated a civil law punishable by a forfeiture, or alleged in a complaint or citation
21filed with or transmitted to the court under s. 800.01 (1) to have violated a municipal
22ordinance.
SB280,24 23Section 24. 938.02 (10m) of the statutes is renumbered 938.02 (10m) (intro.)
24and amended to read:
SB280,9,5
1938.02 (10m) (intro.) "Juvenile",," when used without further qualification,
2means a person who is less than 18 years of age, except that, for purposes of
3investigating or prosecuting a person who is alleged to have violated a state or federal
4criminal law or any civil law or municipal ordinance, "juvenile" does not include a
5person who has attained 17 years of age. for whom any of the following apply:
SB280,25 6Section 25. 938.02 (10m) (a) of the statutes is created to read:
SB280,9,107 938.02 (10m) (a) The person is alleged, in a criminal complaint filed under s.
8968.02, to have committed any violent crime specified in s. 939.632 (1) (e) 1. or 2. or
9any misdemeanor under s. 940.42, if the underlying crime is a felony, or s. 941.20 (1)
10(b), (bm), (c), or (d) or 941.24.
SB280,26 11Section 26. 938.02 (10m) (b) of the statutes is created to read:
SB280,9,1812 938.02 (10m) (b) The person has previously been convicted of a crime or
13adjudicated delinquent and is alleged in a criminal complaint filed under s. 968.02
14or under federal law to have committed a crime, alleged in a complaint filed under
15s. 23.65 or 778.02 or in a citation filed under s. 23.62, 778.25, or 778.26 to have
16violated a civil law punishable by a forfeiture, or alleged in a complaint or citation
17filed with or transmitted to the court under s. 800.01 (1) to have violated a municipal
18ordinance.
SB280,27 19Section 27. 938.12 (2) of the statutes is amended to read:
SB280,9,2420 938.12 (2) Seventeen-year-olds Juveniles who become adults. If a petition
21alleging that a juvenile is delinquent is filed before the juvenile is 17 years of age
22becomes an adult, but the juvenile becomes 17 years of age an adult before admitting
23the facts of the petition at the plea hearing or, if the juvenile denies the facts, before
24an adjudication, the court retains jurisdiction over the case.
SB280,28 25Section 28. 938.18 (2) of the statutes is amended to read:
SB280,10,9
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 petition and becomes 17 years of age an adult before an
7adjudication, the petition for waiver of jurisdiction may be filed at any time prior to
8the adjudication. If the court initiates the petition for waiver of jurisdiction, the
9judge shall disqualify himself or herself from any future proceedings on the case.
SB280,29 10Section 29. 938.183 (3) of the statutes is amended to read:
SB280,10,1811 938.183 (3) Placement in state prison; parole. When a juvenile who is subject
12to a criminal penalty under sub. (1m) or s. 938.183 (2), 2003 stats., attains the age
13of 17 years
becomes an adult, the department may place the juvenile in a state prison
14named in s. 302.01, except that the department may not place any person under the
15age of 18 years in the correctional institution authorized in s. 301.16 (1n). A juvenile
16who is subject to a criminal penalty under sub. (1m) or under s. 938.183 (2), 2003
17stats., for an act committed before December 31, 1999, is eligible for parole under s.
18304.06.
SB280,30 19Section 30. 938.255 (1) (intro.) of the statutes is amended to read:
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