SB550,9,82
938.02
(1) (b) The person has previously been convicted of a crime or
3adjudicated delinquent and is alleged in a criminal complaint filed under s. 968.02
4or under federal law to have committed a crime, alleged in a complaint filed under
5s. 23.65 or 778.02 or in a citation filed under s. 23.62, 778.25, or 778.26 to have
6violated a civil law punishable by a forfeiture, or alleged in a complaint or citation
7filed with or transmitted to the court under s. 800.01 (1) to have violated a municipal
8ordinance.
SB550,26
9Section 26
. 938.02 (10m) of the statutes is renumbered 938.02 (10m) (intro.)
10and amended to read:
SB550,9,1511
938.02
(10m) (intro.) “Juvenile," when used without further qualification,
12means a person who is less than 18 years of age, except that
, for purposes of
13investigating or prosecuting a person who is alleged to have violated a state or federal
14criminal law or any civil law or municipal ordinance, “juvenile" does not include a
15person
who has attained 17 years of age
. for whom any of the following applies:
SB550,27
16Section 27
. 938.02 (10m) (a) of the statutes is created to read:
SB550,9,2017
938.02
(10m) (a) The person is alleged, in a criminal complaint filed under s.
18968.02, to have committed any violent crime specified in s. 939.632 (1) (e) 1. or 2. or
19any misdemeanor under s. 940.42, if the underlying crime is a felony, or s. 941.20 (1)
20(b), (bm), (c), or (d).
SB550,28
21Section 28
. 938.02 (10m) (b) of the statutes is created to read:
SB550,9,2522
938.02
(10m) (b) The person has previously been convicted of a crime or
23adjudicated delinquent and is alleged in a criminal complaint filed under s. 968.02
24or under federal law to have committed a crime, alleged in a complaint filed under
25s. 23.65 or 778.02 or in a citation filed under s. 23.62, 778.25, or 778.26 to have
1violated a civil law punishable by a forfeiture, or alleged in a complaint or citation
2filed with or transmitted to the court under s. 800.01 (1) to have violated a municipal
3ordinance.
SB550,29
4Section 29
. 938.12 (2) of the statutes is amended to read:
SB550,10,95
938.12
(2) Seventeen-year-olds Juveniles who become adults. If a petition
6alleging that a juvenile is delinquent is filed before the juvenile
is 17 years of age 7becomes an adult, but the juvenile becomes
17 years of age an adult before admitting
8the facts of the petition at the plea hearing or
, if the juvenile denies the facts, before
9an adjudication, the court retains jurisdiction over the case.
SB550,30
10Section 30
. 938.18 (2) of the statutes is amended to read:
SB550,10,1911
938.18
(2) Petition. The petition for waiver of jurisdiction may be filed by the
12district attorney or the juvenile or may be initiated by the court and shall contain a
13brief statement of the facts supporting the request for waiver. The petition for waiver
14of jurisdiction shall be accompanied by or filed after the filing of a petition alleging
15delinquency and shall be filed prior to the plea hearing, except that if the juvenile
16denies the facts of the petition and becomes
17 years of age an adult before an
17adjudication, the petition for waiver of jurisdiction may be filed at any time prior to
18the adjudication. If the court initiates the petition for waiver of jurisdiction, the
19judge shall disqualify himself or herself from any future proceedings on the case.
SB550,31
20Section 31
. 938.183 (3) of the statutes is amended to read:
SB550,11,321
938.183
(3) Placement in state prison; parole. When a juvenile who is subject
22to a criminal penalty under sub. (1m) or s. 938.183 (2), 2003 stats.,
attains the age
23of 17 years becomes an adult, the department of corrections may place the juvenile
24in a state prison named in s. 302.01, except that that department may not place any
25person under the age of 18 years in the correctional institution authorized in s.
1301.16 (1n). A juvenile who is subject to a criminal penalty under sub. (1m) or under
2s. 938.183 (2), 2003 stats., for an act committed before December 31, 1999, is eligible
3for parole under s. 304.06.
SB550,32
4Section 32
. 938.255 (1) (intro.) of the statutes is amended to read:
SB550,11,115
938.255
(1) Title and contents. (intro.) A petition initiating proceedings
6under this chapter, other than a petition initiating proceedings under s. 938.12,
7938.125, or 938.13 (12), shall be entitled, “In the interest of (juvenile's name), a
8person under the age of 18
".." A petition initiating proceedings under s. 938.12,
9938.125, or 938.13 (12) shall be entitled, “In the interest of (juvenile's name), a
person
10under the age of 17". juvenile." A petition initiating proceedings under this chapter
11shall specify all of the following:
SB550,33
12Section 33
. 938.34 (8) of the statutes is amended to read:
SB550,12,1013
938.34
(8) Forfeiture. Impose a forfeiture based upon a determination that
14this disposition is in the best interest of the juvenile and the juvenile's rehabilitation.
15The maximum forfeiture that the court may impose under this subsection for a
16violation by a juvenile is the maximum amount of the fine that may be imposed on
17an adult for committing that violation or, if the violation is applicable only to
a person
18under 18 years of age juveniles, $100. The order shall include a finding that the
19juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months
20for payment. If the juvenile fails to pay the forfeiture, the court may vacate the
21forfeiture and order other alternatives under this section; or the court may suspend
22any license issued under ch. 29 for not less than 30 days nor more than 5 years, or
23suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more
24than 2 years. If the court suspends any license under this subsection, the clerk of the
25court shall immediately take possession of the suspended license if issued under ch.
129 or, if the license is issued under ch. 343, the court may take possession of, and if
2possession is taken, shall destroy, the license. The court shall forward to the
3department
which that issued the license a notice of suspension stating that the
4suspension is for failure to pay a forfeiture imposed by the court, together with any
5license issued under ch. 29 of which the court takes possession. If the forfeiture is
6paid during the period of suspension, the suspension shall be reduced to the time
7period
which that has already elapsed and the court shall immediately notify the
8department
, which shall then, if the license is issued under ch. 29, return the license
9to the juvenile. Any recovery under this subsection shall be reduced by the amount
10recovered as a forfeiture for the same act under s. 938.45 (1r) (b).
SB550,34
11Section 34
. 938.343 (2) of the statutes is amended to read:
SB550,13,312
938.343
(2) Forfeiture. Impose a forfeiture not to exceed the maximum
13forfeiture that may be imposed on an adult for committing that violation or, if the
14violation is only applicable to
a person under 18 years of age juveniles, $50. The
15order shall include a finding that the juvenile alone is financially able to pay and
16shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture,
17the court may suspend any license issued under ch. 29 or suspend the juvenile's
18operating privilege, as defined in s. 340.01 (40), for not more than 2 years. The court
19shall immediately take possession of the suspended license if issued under ch. 29 or,
20if the license is issued under ch. 343, the court may take possession of, and if
21possession is taken, shall destroy, the license. The court shall forward to the
22department
which that issued the license the notice of suspension stating that the
23suspension is for failure to pay a forfeiture imposed by the court, together with any
24license issued under ch. 29 of which the court takes possession. If the forfeiture is
25paid during the period of suspension, the court shall immediately notify the
1department, which shall, if the license is issued under ch. 29, return the license to
2the person. Any recovery under this subsection shall be reduced by the amount
3recovered as a forfeiture for the same act under s. 938.45 (1r) (b).
SB550,35
4Section 35
. 938.344 (3) of the statutes is amended to read:
SB550,13,125
938.344
(3) Prosecution in adult court. If the juvenile alleged to have
6committed the violation is within 3 months of
his or her 17th birthday becoming an
7adult, the court assigned to exercise jurisdiction under this chapter and ch. 48 may,
8at the request of the district attorney or on its own motion, dismiss the citation
9without prejudice and refer the matter to the district attorney for prosecution under
10s. 125.07 (4). The juvenile is entitled to a hearing only on the issue of his or her age.
11This subsection does not apply to violations under s. 961.573 (2), 961.574 (2)
, or
12961.575 (2) or a local ordinance that strictly conforms to one of those statutes.
SB550,36
13Section 36
. 938.35 (1m) of the statutes is amended to read:
SB550,13,1914
938.35
(1m) Future criminal proceedings barred. Disposition by the court
15assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation
16under s. 938.12 or 938.13 (12) shall bar any future proceeding on the same matter
17in criminal court when the juvenile
attains 17 years of age becomes an adult. This
18subsection does not affect proceedings in criminal court that have been transferred
19under s. 938.18.
SB550,37
20Section 37
. 938.355 (4) (b) of the statutes is renumbered 938.355 (4) (b) 1. and
21amended to read:
SB550,14,322
938.355
(4) (b) 1. Except as provided in s. 938.368, an order under s. 938.34 (4d)
23or (4m) made before the juvenile attains
18 17 years of age may apply for up to 2 years
24after the date on which the order is granted or until the juvenile's 18th birthday,
25whichever is earlier, unless the court specifies a shorter period of time or the court
1terminates the order sooner. If the order does not specify a termination date, it shall
2apply for one year after the date on which the order is granted or until the juvenile's
318th birthday, whichever is earlier, unless the court terminates the order sooner.
SB550,14,10
43. Except as provided in s. 938.368, an order under s. 938.34 (4h) made before
5the juvenile attains 18 years of age shall apply for 5 years after the date on which the
6order is granted, if the juvenile is adjudicated delinquent for committing a violation
7of s. 943.10 (2) or for committing an act that would be punishable as a Class B or C
8felony if committed by an adult, or until the juvenile reaches 25 years of age, if the
9juvenile is adjudicated delinquent for committing an act that would be punishable
10as a Class A felony if committed by an adult.
SB550,14,17
114. Except as provided in s. 938.368, an extension of an order under s. 938.34
12(4d), (4h), (4m), or (4n) made before the juvenile attains 17 years of age shall
13terminate at the end of one year after the date on which the order is granted unless
14the court specifies a shorter period of time or the court terminates the order sooner.
15No extension under s. 938.365 of an original dispositional order under s. 938.34 (4d),
16(4h), (4m), or (4n) may be granted for a juvenile who is 17 years of age or older when
17the original dispositional order terminates.
SB550,38
18Section 38
. 938.355 (4) (b) 2. of the statutes is created to read:
SB550,14,2519
938.355
(4) (b) 2. Except as provided in s. 938.368, an order under s. 938.34 (4d)
20or (4m) made while the juvenile is 17 years of age may apply for up to 2 years after
21the date on which the order is granted or until the juvenile's 19th birthday, whichever
22is earlier, unless the court specifies a shorter period of time or the court terminates
23the order. If the order does not specify a termination date, it shall apply for one year
24after the date on which the order is granted or until the juvenile's 19th birthday,
25whichever is earlier, unless the court terminates the order sooner.
SB550,39
1Section
39. 938.355 (4m) (a) of the statutes is amended to read:
SB550,15,72
938.355
(4m) (a) A juvenile who has been adjudged delinquent under s. 48.12,
31993 stats., or s. 938.12 may, on
attaining 17 years of age becoming an adult, petition
4the court to expunge the court's record of the juvenile's adjudication. Subject to par.
5(b), the court may expunge the record if the court determines that the juvenile has
6satisfactorily complied with the conditions of his or her dispositional order and that
7the juvenile will benefit from, and society will not be harmed by, the expungement.
SB550,40
8Section 40
. 938.39 of the statutes is amended to read:
SB550,15,13
9938.39 Disposition by court bars criminal proceeding. Disposition by the
10court of any violation of state law within its jurisdiction under s. 938.12 bars any
11future criminal proceeding on the same matter in circuit court when the juvenile
12reaches the age of 17 becomes an adult. This section does not affect criminal
13proceedings in circuit court that were transferred under s. 938.18.
SB550,41
14Section 41
. Subchapter IX (title) of chapter 938 [precedes 938.44] of the
15statutes is amended to read:
SB550,15,1616
CHAPTER 938
SB550,15,1917
SUBCHAPTER IX
18
JURISDICTION OVER
PERSONS 17
19
OR OLDER adults
SB550,42
20Section 42
. 938.44 of the statutes is amended to read:
SB550,15,23
21938.44 Jurisdiction over persons 17 or older adults. The court has
22jurisdiction over
persons 17 years of age or older
adults as provided under ss. 938.355
23(4), 938.357 (6), 938.365 (5), and 938.45 and as otherwise specified in this chapter.
SB550,43
24Section 43
. 938.45 (1) (a) of the statutes is amended to read:
SB550,16,8
1938.45
(1) (a) If in the hearing of a case of a juvenile alleged to be delinquent
2under s. 938.12 or in need of protection or services under s. 938.13 it appears that any
3person 17 years of age or older adult has been guilty of contributing to, encouraging,
4or tending to cause by any act or omission
, such
that condition of the juvenile, the
5court may make orders with respect to the conduct of that person in his or her
6relationship to the juvenile, including orders relating to determining the ability of
7the person to provide for the maintenance or care of the juvenile and directing when,
8how, and
from where funds for the maintenance or care shall be paid.
SB550,44
9Section 44
. 938.45 (3) of the statutes is amended to read:
SB550,16,1410
938.45
(3) Prosecution of adult contributing to delinquency of juvenile. 11If it appears at a court hearing that any
person 17 years of age or older adult has
12violated s. 948.40, the court shall refer the record to the district attorney. This
13subsection does not prohibit prosecution of violations of s. 948.40 without the prior
14reference by the court to the district attorney.
SB550,45
15Section 45
. 938.48 (4m) (title) of the statutes is amended to read:
SB550,16,1716
938.48
(4m) (title)
Continuing care and services for juveniles over 17
who
17become adults.
SB550,46
18Section 46
. 938.48 (4m) (a) of the statutes is amended to read:
SB550,16,1919
938.48
(4m) (a) Is
at least 17 years of age an adult.
SB550,47
20Section 47
. 938.48 (4m) (b) of the statutes is amended to read:
SB550,16,2321
938.48
(4m) (b) Was under the supervision of the department under s. 938.183,
22938.34 (4h), (4m)
, or (4n)
, or 938.357 (4) when the person
reached 17 years of age 23became an adult.
SB550,48
24Section 48
. 938.48 (14) of the statutes is amended to read:
SB550,17,8
1938.48
(14) School-related expenses for juveniles over 17
who become
2adults. Pay maintenance, tuition, and related expenses from the appropriation
3under s. 20.410 (3) (ho) for persons who, when they
attained 17 years of age became
4adults, were students regularly attending a school, college, or university or regularly
5attending a course of vocational or technical training designed to prepare them for
6gainful employment, and who upon
attaining that age
becoming adults were under
7the supervision of the department under s. 938.183, 938.34 (4h), (4m), or (4n), or
8938.357 (4) as a result of a judicial decision.
SB550,49
9Section 49
. 938.487 of the statutes is created to read:
SB550,17,19
10938.487 Reimbursements to counties for juvenile delinquency-related
11services for 17-year-olds. From the appropriation under s. 20.437 (1) (ck), the
12department shall distribute the amounts necessary to reimburse counties for the
13costs counties incur in purchasing or providing juvenile delinquency-related
14services for 17-year-olds, including the costs for community-based juvenile
15delinquency-related services, juvenile correctional services, or services provided in
16juvenile detention facilities, county jails, municipal lockup facilities, or temporary
17shelter care facilities. Funds to counties under this subsection may not be used for
18the purposes of land purchase, building construction, or maintenance of buildings
19under s. 46.17, 46.175, or 301.37.
SB550,50
20Section 50
. 938.57 (3) (title) of the statutes is amended to read:
SB550,17,2221
938.57
(3) (title)
Continuing maintenance for juveniles over 17 who become
22adults.
SB550,51
23Section 51
. 938.57 (3) (a) (intro.) of the statutes is amended to read:
SB550,18,3
1938.57
(3) (a) (intro.) From the reimbursement received under s. 48.569 (1) (d),
2counties may provide funding for the maintenance of any
juvenile person who meets
3all of the following qualifications:
SB550,52
4Section 52
. 938.57 (3) (a) 1. of the statutes is amended to read:
SB550,18,55
938.57
(3) (a) 1. Is
17 years of age or older an adult.
SB550,53
6Section 53
. 938.57 (3) (a) 3. of the statutes is amended to read:
SB550,18,87
938.57
(3) (a) 3. Received funding under s. 48.569 (1) (d) immediately prior to
8his or her 17th birthday becoming an adult.
SB550,54
9Section 54
. 938.57 (3) (b) of the statutes is amended to read:
SB550,18,1210
938.57
(3) (b) The funding provided for the maintenance of a
juvenile person 11under par. (a) shall be in an amount equal to that
to which the
juvenile person would
12receive under s. 48.569 (1) (d) if the
person were a juvenile
were 16 years of age.
SB550,55
13Section 55
. 939.632 (1) (e) 1. of the statutes is amended to read:
SB550,18,1914
939.632
(1) (e) 1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09
15(1c), 940.19 (2), (4) or (5), 940.21, 940.225 (1), (2) or (3), 940.235, 940.305, 940.31,
16940.32, 941.20, 941.21, 943.02, 943.06, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1)
17or (2), 948.025, 948.03 (2) (a) or (c) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055,
18948.07, 948.08, 948.085, or 948.30 (2) or under s. 940.302 (2) if s. 940.302 (2) (a) 1.
19b. applies.
SB550,56
20Section 56
. 939.632 (1) (e) 3. of the statutes is amended to read:
SB550,18,2221
939.632
(1) (e) 3. Any misdemeanor under s. 940.19 (1), 940.225 (3m),
940.32
22(2), 940.42, 940.44, 941.20 (1), 941.23, 941.231, 941.235, or 941.38 (3).
SB550,57
23Section 57
. 946.50 (intro.) of the statutes is amended to read:
SB550,19,3
24946.50 Absconding. (intro.) Any person who is adjudicated delinquent, but
25who intentionally fails to appear before the court assigned to exercise jurisdiction
1under chs. 48 and 938 for his or her dispositional hearing under s. 938.335, and who
2does not return to that court for a dispositional hearing before
attaining the age of
317 years becoming an adult is guilty of the following:
SB550,58
4Section 58
. 948.01 (1) of the statutes is renumbered 948.01 (1) (intro.) and
5amended to read:
SB550,19,96
948.01
(1) (intro.) “Child" means a person who has not attained the age of 18
7years, except that
, for purposes of prosecuting a person who is alleged to have
8violated a state or federal criminal law, “child" does not include a person
who has
9attained the age of 17 years
. of age for whom any of the following apply:
SB550,59
10Section 59
. 948.01 (1) (a) of the statutes is created to read:
SB550,19,1411
948.01
(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).
SB550,60
15Section 60
. 948.01 (1) (b) of the statutes is created to read:
SB550,19,1816
948.01
(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.
SB550,61
19Section 61
. 948.11 (2) (am) (intro.) of the statutes is amended to read:
SB550,19,2420
948.11
(2) (am) (intro.) Any
person who has attained the age of 17 and adult 21who, with knowledge of the character and content of the description or narrative
22account, verbally communicates, by any means, a harmful description or narrative
23account to a child, with or without monetary consideration, is guilty of a Class I
24felony if any of the following applies:
SB550,62
25Section 62
. 948.45 (1) of the statutes is amended to read:
SB550,20,4
1948.45
(1) Except as provided in sub. (2), any
person 17 years of age or older 2adult who, by any act or omission, knowingly encourages or contributes to the
3truancy, as defined under s. 118.16 (1) (c), of a
person 17 years of age or under child 4is guilty of a Class C misdemeanor.
SB550,63
5Section 63
. 948.60 (2) (d) of the statutes is amended to read:
SB550,20,96
948.60
(2) (d) A
person under 17 years of age child who has violated this
7subsection is subject to the provisions of ch. 938 unless jurisdiction is waived under
8s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction
9under s. 938.183.
SB550,64
10Section 64
. 948.61 (4) of the statutes is amended to read:
SB550,20,1411
948.61
(4) A
person under 17 years of age child who has violated this section
12is subject to the provisions of ch. 938, unless jurisdiction is waived under s. 938.18
13or the person is subject to the jurisdiction of a court of criminal jurisdiction under s.
14938.183.
SB550,65
15Section 65
. 961.455 (1) of the statutes is amended to read:
SB550,20,1916
961.455
(1) Any
person who has attained the age of 17 years adult who
17knowingly solicits, hires, directs, employs
, or uses a person who is
under the age of
1817 years
of age or under for the purpose of violating s. 961.41 (1) is guilty of a Class
19F felony.
SB550,66
20Section 66
. 961.46 of the statutes is amended to read:
SB550,21,2
21961.46 Distribution to persons under age 18. If
a person 17 years of age
22or over an adult violates s. 961.41 (1) by distributing or delivering a controlled
23substance or a controlled substance analog to a person 17 years of age or under who
24is at least 3 years his or her junior, the applicable maximum term of imprisonment
1prescribed under s. 961.41 (1) for the offense may be increased by not more than 5
2years.
SB550,67
3Section 67
. 961.573 (2) of the statutes is amended to read:
SB550,21,54
961.573
(2) Any
person minor who violates sub. (1)
who is under 17 years of age 5is subject to a disposition under s. 938.344 (2e).
SB550,68
6Section 68
. 961.574 (2) of the statutes is amended to read: