AB1036: Bill Text

AB1036,31,6 938.18 (1) (a) The juvenile is alleged to have violated s. 940.03, 940.06, 940.225 (1) or (2), 940.305 (2), 940.31 (1) or (2) (b), 943.10 (2), 943.32 (2), 943.87 or 961.41 (1) on or after the juvenile's 14th 16th birthday.

AB1036,66 Section 66 . 938.18 (1) (b) of the statutes is amended to read:

AB1036,31,11 938.18 (1) (b) The juvenile is alleged to have committed a violation on or after the juvenile's 14th 16th birthday at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9), that would constitute a felony under chs. 939 to 948 or 961 if committed by an adult.

AB1036,67 Section 67 . 938.18 (1) (bm) of the statutes is created to read:

AB1036,31,14 938.18 (1) (bm) The juvenile is alleged to have committed a violation on or after the juvenile's 14th birthday that would constitute a Class A or Class B felony.

AB1036,68 Section 68 . 938.18 (1) (c) of the statutes is repealed.

AB1036,69 Section 69 . 938.18 (2) of the statutes is amended to read:

AB1036,31,25 938.18 (2) Petition. The petition for waiver of jurisdiction may be filed by the district attorney or the juvenile or may be initiated by the court and shall contain a brief statement of the facts supporting the request for waiver. The petition for waiver of jurisdiction shall be accompanied by or filed after the filing of a petition alleging delinquency and shall be filed prior to the plea hearing, except that if the juvenile denies the facts of the petition and becomes 17 years of age an adult before an adjudication, the petition for waiver of jurisdiction may be filed at any time prior to the adjudication. If the court initiates the petition for waiver of jurisdiction, the judge shall disqualify himself or herself from any future proceedings on the case.

AB1036,70 Section 70. 938.183 (1) (intro.) of the statutes is amended to read:

AB1036,32,4 938.183 (1) Juveniles under adult court jurisdiction. (intro.) Notwithstanding ss. 938.12 (1) and 938.18, but subject to sub. (1d), courts of criminal jurisdiction have exclusive original jurisdiction over all of the following:

AB1036,71 Section 71. 938.183 (1) (am) of the statutes is amended to read:

AB1036,32,8 938.183 (1) (am) A juvenile who is alleged to have attempted or committed a violation of s. 940.01 or to have committed a violation of s. 940.02 or 940.05 on or after the juvenile's 10th 13th birthday.

AB1036,72 Section 72. 938.183 (1d) of the statutes is created to read:

AB1036,32,16 938.183 (1d) Nonapplicability. A court of criminal jurisdiction does not have exclusive original jurisdiction over a juvenile as provided in sub. (1) with respect to any violation committed on or after the effective date of this subsection .... [LRB inserts date]. A juvenile who is alleged to have committed a violation described in sub. (1) on or after the effective date of this subsection .... [LRB inserts date], is subject to the jurisdiction of the court assigned to exercise jurisdiction under this chapter as provided in s. 938.12.

AB1036,73 Section 73 . 938.183 (3) of the statutes is amended to read:

AB1036,32,25 938.183 (3) Placement in state prison; parole. When Subject to s. 973.013 (3m), when a juvenile who is subject to a criminal penalty under sub. (1m) or s. 938.183 (2), 2003 stats., attains the age of 17 years becomes an adult, the department of corrections may place the juvenile in a state prison named in s. 302.01, except that that department may not place any person under the age of 18 years in the correctional institution authorized in s. 301.16 (1n). A juvenile who is subject to a criminal penalty under sub. (1m) or under s. 938.183 (2), 2003 stats., for an act committed before December 31, 1999, is eligible for parole under s. 304.06.

AB1036,74 Section 74. 938.195 (title) of the statutes is amended to read:

AB1036,33,3 938.195 (title) Recording custodial Custodial interrogations; notification; recording.

AB1036,75 Section 75. 938.195 (1) (a) of the statutes is amended to read:

AB1036,33,13 938.195 (1) (a) “Custodial interrogation" has the meaning given in s. 968.073 (1) (a) means an interrogation by a law enforcement officer or an agent of a law enforcement agency of a juvenile who is suspected to have violated any state or federal criminal law from the time the juvenile is or should be informed of his or her rights to counsel and to remain silent until the questioning ends, during which the officer or agent asks a question that is reasonably likely to elicit an incriminating response and during which a reasonable juvenile of a similar age would believe that he or she is in custody or otherwise deprived of his or her freedom of action in any significant way.

AB1036,76 Section 76. 938.195 (1m) of the statutes is created to read:

AB1036,33,21 938.195 (1m) Notification of parent, guardian, legal custodian, or Indian custodian. Prior to conducting a custodial interrogation of a juvenile, the law enforcement agency that intends to conduct the interrogation shall provide notice of that intent to the juvenile's parent, guardian, legal custodian, or Indian custodian. No law enforcement officer or agent of a law enforcement agency may commence a custodial interrogation of a juvenile until the juvenile's parent, guardian, legal custodian, or Indian custodian has received that notice.

AB1036,77 Section 77. 938.195 (2) (title) of the statutes is amended to read:

AB1036,33,23 938.195 (2) (title) When recording required.

AB1036,78 Section 78 . 938.195 (2) (a) of the statutes is amended to read:

AB1036,34,3 938.195 (2) (a) A law enforcement agency shall make an audio or audio and visual recording of any custodial interrogation of a juvenile that is conducted at a place of detention unless a condition under s. 938.31 (3) (c) 1. to 4. or 5. applies.

AB1036,79 Section 79 . 938.195 (2) (b) of the statutes is amended to read:

AB1036,34,8 938.195 (2) (b) If feasible, a law enforcement agency shall make an audio or audio and visual recording of any custodial interrogation of a juvenile that is conducted at a place other than a place of detention unless a condition under s. 938.31 (3) (c) 1. to 4. or 5. applies.

AB1036,80 Section 80. 938.195 (3) (title) of the statutes is amended to read:

AB1036,34,10 938.195 (3) (title) Notice not required.

AB1036,81 Section 81. 938.195 (3) of the statutes is renumbered 938.195 (3) (a) and amended to read:

AB1036,34,16 938.195 (3) (a) A law enforcement officer or agent of a law enforcement agency conducting a custodial interrogation is not required to inform the subject of the interrogation that the officer or agent is making an audio or audio and visual recording of the interrogation.

AB1036,82 Section 82. 938.195 (3) (b) of the statutes is created to read:

AB1036,34,21 938.195 (3) (b) Prior to conducting a custodial interrogation of a juvenile who has not yet attained the age of 16, a law enforcement officer or agent of a law enforcement agency shall notify the juvenile that he or she is in custody for the purposes of an interrogation.

AB1036,83 Section 83. 938.24 (2) (title) and (b) of the statutes are amended to read:

AB1036,34,24 938.24 (2) (title) Multidisciplinary screens; intake conferences; preliminary inquiries; juvenile classification system.

AB1036,35,3 (b) No juvenile or other person may be compelled by an intake worker to appear at any conference, participate in a multidisciplinary screen or use of the juvenile classification system under s. 938.549, produce any papers, or visit any place.

AB1036,84 Section 84. 938.24 (2) (ag) and (ar) of the statutes are created to read:

AB1036,35,7 938.24 (2) (ag) As part of the intake inquiry, the intake worker shall make a preliminary inquiry to determine whether the juvenile is eligible for a deferred prosecution agreement under s. 938.245 (1g).

AB1036,35,11 (ar) As part of the intake inquiry, the intake worker, after providing notice to the juvenile, parent, guardian, and legal custodian, and if the juvenile has not refused to participate under par. (b), the intake worker shall use the juvenile classification system under s. 938.549.

AB1036,85 Section 85. 938.245 (1) of the statutes is renumbered 938.245 (1d).

AB1036,86 Section 86. 938.245 (1b) of the statutes is created to read:

AB1036,35,15 938.245 (1b) Definition. In this section, “status offense” means a violation of the law that would not be a violation if committed by an adult.

AB1036,87 Section 87. 938.245 (1g) of the statutes is created to read:

AB1036,35,20 938.245 (1g) When required. (a) Unless an intake worker decides to close a case, and except as provided under par. (c) and sub. (6) (b), the intake worker shall enter into a written deferred prosecution agreement with all parties as provided in this section if all of the following apply:

AB1036,35,24 1. The juvenile is referred because he or she is alleged to have committed a status offense or an act that would be a misdemeanor if committed by an adult or violated a civil law punishable by forfeiture or a county, town, or other municipal ordinance.

AB1036,35,25 2. The juvenile has no more than 2 prior adjudications.

AB1036,36,2 3. The juvenile has no more than 3 prior unsuccessful deferred prosecution agreement attempts.

AB1036,36,3 4. The juvenile, parent, guardian, and legal custodian consent.

AB1036,36,6 (b) For purposes of this subsection, an adjudication or deferred prosecution agreement is an action based on a single episode of conduct that is closely related in time and is incident to an attempt or an accomplishment of a single objective.

AB1036,36,8 (c) Notwithstanding par. (a), an intake worker may refer the case to the district attorney if any of the following applies:

AB1036,36,10 1. The results of the juvenile classification system indicate the juvenile is high risk.

AB1036,36,13 2. The results of the juvenile classification system indicate the juvenile is a moderate risk and the case arises out of an alleged act that would be a Class A misdemeanor in violation of ch. 940 or 941 if committed by an adult.

AB1036,88 Section 88. 938.245 (1m) of the statutes is amended to read:

AB1036,36,23 938.245 (1m) Victims; right to confer with intake worker. If a juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection or services under s. 938.13 (12), an intake worker shall, as soon as practicable but before entering into a deferred prosecution agreement under sub. (1) (1d) or (1g), offer all of the victims of the juvenile's alleged act who have so requested an opportunity to confer with the intake worker concerning the proposed deferred prosecution agreement. The duty to offer an opportunity to confer under this subsection does not limit the obligation of the intake worker to perform his or her responsibilities under this section.

AB1036,89 Section 89. 938.245 (2g) of the statutes is amended to read:

AB1036,37,7 938.245 (2g) Graffiti violation. If the deferred prosecution agreement is based on an allegation that the juvenile violated s. 943.017 and the juvenile has attained 10 13 years of age, the agreement may require that the juvenile participate for not less than 10 hours nor more than 100 hours in a supervised work program under s. 938.34 (5g) or perform not less than 10 hours nor more than 100 hours of other community service work, except that if the juvenile has not attained 14 years of age the maximum number of hours is 40.

AB1036,90 Section 90. 938.245 (6) of the statutes is renumbered 938.245 (6) (a) and amended to read:

AB1036,37,14 938.245 (6) (a) A Except as provided under par. (b), a deferred prosecution agreement arising out of an alleged delinquent act is terminated if the district attorney files a delinquency petition within 20 days after receipt of notice of the deferred prosecution agreement under s. 938.24 (5). If a petition is filed, statements made to the intake worker during the intake inquiry are inadmissible.

AB1036,91 Section 91. 938.245 (6) (b) of the statutes is created to read:

AB1036,37,18 938.245 (6) (b) If a juvenile qualifies for a deferred prosecution agreement under sub. (1g), the district attorney may not file a delinquency petition against the juvenile unless one of the following applies:

AB1036,37,22 1. The juvenile or his or her parent, guardian, or legal custodian fails to respond to the intake worker's preliminary inquiry under s. 938.24 (2) (ag) regarding eligibility for a deferred prosecution agreement under sub. (1g) or an offer of a deferred prosecution agreement under sub. (1g).

AB1036,37,24 2. The juvenile or his or her parent, guardian, or legal custodian does not consent to the deferred prosecution agreement under sub. (1g).

AB1036,38,4 3. The juvenile fails to substantially comply with the conditions in the deferred prosecution agreement. Failure to pay a fine or fee may not serve as a basis for filing a petition under this paragraph if the juvenile has substantially complied with the other conditions in the deferred prosecution agreement.

AB1036,38,5 4. The intake worker refers the case to the district attorney under sub. (1g) (c).

AB1036,92 Section 92 . 938.255 (1) (intro.) of the statutes is amended to read:

AB1036,38,13 938.255 (1) Title and contents. (intro.) A petition initiating proceedings under this chapter, other than a petition initiating proceedings under s. 938.12, 938.125, or 938.13 (12), shall be entitled, “In the interest of (juvenile's name), a person under the age of 18".." A petition initiating proceedings under s. 938.12, 938.125, or 938.13 (12) shall be entitled, “In the interest of (juvenile's name), a person under the age of 17". juvenile." A petition initiating proceedings under this chapter shall specify all of the following:

AB1036,93 Section 93. 938.31 (3) (a) 1. of the statutes is amended to read:

AB1036,38,23 938.31 (3) (a) 1. “Custodial interrogation" has the meaning given in s. 968.073 (1) (a) means an interrogation by a law enforcement officer or an agent of a law enforcement agency of a juvenile who is suspected to have violated any state or federal criminal law from the time the juvenile is or should be informed of his or her rights to counsel and to remain silent until the questioning ends, during which the officer or agent asks a question that is reasonably likely to elicit an incriminating response and during which a reasonable juvenile of a similar age would believe that he or she is in custody or otherwise deprived of his or her freedom of action in any significant way.

AB1036,94 Section 94. 938.31 (3) (b) of the statutes is amended to read:

AB1036,39,5 938.31 (3) (b) Except as provided under par. (c), a statement made by the juvenile during a custodial interrogation is not admissible in evidence against the juvenile in any court proceeding alleging the juvenile to be delinquent unless the requirements of s. 938.195 have been met and an audio or audio and visual recording of the interrogation was made as required under s. 938.195 (2) and is available.

AB1036,95 Section 95. 938.31 (3) (c) (intro.) of the statutes is amended to read:

AB1036,39,9 938.31 (3) (c) (intro.) A juvenile's statement is not inadmissible in evidence under par. (b) if any of the following applies or if other good cause exists for not suppressing a juvenile's statement under par. (b):

AB1036,96 Section 96. 938.31 (3) (c) 1. of the statutes is repealed.

AB1036,97 Section 97. 938.31 (3) (c) 2. of the statutes is repealed.

AB1036,98 Section 98. 938.31 (3) (c) 3. of the statutes is repealed.

AB1036,99 Section 99. 938.31 (3) (c) 5. of the statutes is amended to read:

AB1036,39,16 938.31 (3) (c) 5. Exigent public safety circumstances existed that prevented notification under s. 938.195 (1m) or prevented the making of an audio or audio and visual recording or rendered the making of such a recording infeasible.

AB1036,100 Section 100. 938.32 (1x) of the statutes is amended to read:

AB1036,39,24 938.32 (1x) Supervised work program. If the petition alleges that the juvenile violated s. 943.017 and the juvenile has attained 10 13 years of age, the court may require, as a condition of the consent decree, that the juvenile participate for not less than 10 hours nor more than 100 hours in a supervised work program under s. 938.34 (5g) or perform not less than 10 hours nor more than 100 hours of other community service work, except that if the juvenile has not attained 14 years of age the maximum number of hours is a total of 40 under the consent decree.

AB1036,101 Section 101. 938.34 (4h) (a) of the statutes is amended to read:

AB1036,40,7 938.34 (4h) (a) The juvenile is 14 16 years of age or over and has been adjudicated delinquent for committing or conspiring to commit a violation of s. 939.31, 939.32 (1) (a), 940.03, 940.06, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1), 948.025 (1), or 948.30 (2) or attempting a violation of s. 943.32 (2) or the juvenile is 10 13 years of age or over and has been adjudicated delinquent for attempting or committing a violation of s. 940.01 or for committing a violation of s. 940.02 or 940.05.

AB1036,102 Section 102 . 938.34 (8) of the statutes is amended to read:

AB1036,41,6 938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that this disposition is in the best interest of the juvenile and the juvenile's rehabilitation. The maximum forfeiture that the court may impose under this subsection for a violation by a juvenile is the maximum amount of the fine that may be imposed on an adult for committing that violation or, if the violation is applicable only to a person under 18 years of age juveniles, $100. The order shall include a finding that the juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months for payment. If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order other alternatives under this section; or the court may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more than 2 years. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license if issued under ch. 29 or, if the license is issued under ch. 343, the court may take possession of, and if possession is taken, shall destroy, the license. The court shall forward to the department which that issued the license a notice of suspension stating that the suspension is for failure to pay a forfeiture imposed by the court, together with any license issued under ch. 29 of which the court takes possession. If the forfeiture is paid during the period of suspension, the suspension shall be reduced to the time period which that has already elapsed and the court shall immediately notify the department, which shall then, if the license is issued under ch. 29, return the license to the juvenile. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).

AB1036,103 Section 103 . 938.343 (2) of the statutes is amended to read:

AB1036,41,24 938.343 (2) Forfeiture. Impose a forfeiture not to exceed the maximum forfeiture that may be imposed on an adult for committing that violation or, if the violation is only applicable to a person under 18 years of age juveniles, $50. The order shall include a finding that the juvenile alone is financially able to pay and shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture, the court may suspend any license issued under ch. 29 or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more than 2 years. The court shall immediately take possession of the suspended license if issued under ch. 29 or, if the license is issued under ch. 343, the court may take possession of, and if possession is taken, shall destroy, the license. The court shall forward to the department which that issued the license the notice of suspension stating that the suspension is for failure to pay a forfeiture imposed by the court, together with any license issued under ch. 29 of which the court takes possession. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which shall, if the license is issued under ch. 29, return the license to the person. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).

AB1036,104 Section 104 . 938.344 (3) of the statutes is amended to read:

AB1036,42,8 938.344 (3) Prosecution in adult court. If the juvenile alleged to have committed the violation is within 3 months of his or her 17th birthday becoming an adult, the court assigned to exercise jurisdiction under this chapter and ch. 48 may, at the request of the district attorney or on its own motion, dismiss the citation without prejudice and refer the matter to the district attorney for prosecution under s. 125.07 (4). The juvenile is entitled to a hearing only on the issue of his or her age. This subsection does not apply to violations under s. 961.573 (2), 961.574 (2), or 961.575 (2) or a local ordinance that strictly conforms to one of those statutes.

AB1036,105 Section 105 . 938.35 (1m) of the statutes is amended to read: