AB1163,12,1818 CHAPTER 938
AB1163,12,2119 SUBCHAPTER IX
20 JURISDICTION OVER PERSONS 17
21 OR OLDER
adults
AB1163,33 22Section 33 . 938.44 of the statutes is amended to read:
AB1163,12,25 23938.44 Jurisdiction over persons 17 or older adults. The court has
24jurisdiction over persons 17 years of age or older adults as provided under ss. 938.355
25(4), 938.357 (6), 938.365 (5), and 938.45 and as otherwise specified in this chapter.
AB1163,34
1Section 34. 938.45 (1) (a) of the statutes is amended to read:
AB1163,13,92 938.45 (1) (a) If in the hearing of a case of a juvenile alleged to be delinquent
3under s. 938.12 or in need of protection or services under s. 938.13 it appears that any
4person 17 years of age or older adult has been guilty of contributing to, encouraging,
5or tending to cause by any act or omission, such that condition of the juvenile, the
6court may make orders with respect to the conduct of that person in his or her
7relationship to the juvenile, including orders relating to determining the ability of
8the person to provide for the maintenance or care of the juvenile and directing when,
9how, and from where funds for the maintenance or care shall be paid.
AB1163,35 10Section 35 . 938.45 (3) of the statutes is amended to read:
AB1163,13,1511 938.45 (3) Prosecution of adult contributing to delinquency of juvenile.
12If it appears at a court hearing that any person 17 years of age or older adult has
13violated s. 948.40, the court shall refer the record to the district attorney. This
14subsection does not prohibit prosecution of violations of s. 948.40 without the prior
15reference by the court to the district attorney.
AB1163,36 16Section 36 . 938.48 (4m) (title) of the statutes is amended to read:
AB1163,13,1817 938.48 (4m) (title) Continuing care and services for juveniles over 17 who
18become adults
.
AB1163,37 19Section 37 . 938.48 (4m) (a) of the statutes is amended to read:
AB1163,13,2020 938.48 (4m) (a) Is at least 17 years of age an adult.
AB1163,38 21Section 38 . 938.48 (4m) (b) of the statutes is amended to read:
AB1163,13,2422 938.48 (4m) (b) Was under the supervision of the department under s. 938.183,
23938.34 (4h), or 938.357 (3) or (4) when the person reached 17 years of age became an
24adult
.
AB1163,39 25Section 39 . 938.48 (14) of the statutes is amended to read:
AB1163,14,8
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), or 938.357 (3) or (4)
8as a result of a judicial decision.
AB1163,40 9Section 40 . 938.57 (3) (title) of the statutes is amended to read:
AB1163,14,1110 938.57 (3) (title) Continuing maintenance for juveniles over 17 who become
11adults
.
AB1163,41 12Section 41 . 938.57 (3) (a) (intro.) of the statutes is amended to read:
AB1163,14,1513 938.57 (3) (a) (intro.) From the reimbursement received under s. 48.569 (1) (d),
14counties may provide funding for the maintenance of any juvenile person who meets
15all of the following qualifications:
AB1163,42 16Section 42 . 938.57 (3) (a) 1. of the statutes is amended to read:
AB1163,14,1717 938.57 (3) (a) 1. Is 17 years of age or older an adult.
AB1163,43 18Section 43 . 938.57 (3) (a) 3. of the statutes is amended to read:
AB1163,14,2019 938.57 (3) (a) 3. Received funding under s. 48.569 (1) (d) immediately prior to
20his or her 17th birthday becoming an adult.
AB1163,44 21Section 44 . 938.57 (3) (b) of the statutes is amended to read:
AB1163,14,2422 938.57 (3) (b) The funding provided for the maintenance of a juvenile person
23under par. (a) shall be in an amount equal to that which the juvenile person would
24receive under s. 48.569 (1) (d) if the person were a juvenile were 16 years of age.
AB1163,45 25Section 45 . 946.50 (intro.) of the statutes is amended to read:
AB1163,15,5
1946.50 Absconding. (intro.) Any person who is adjudicated delinquent, but
2who intentionally fails to appear before the court assigned to exercise jurisdiction
3under chs. 48 and 938 for his or her dispositional hearing under s. 938.335, and who
4does not return to that court for a dispositional hearing before attaining the age of
517 years
becoming an adult is guilty of the following:
AB1163,46 6Section 46 . 948.01 (1) of the statutes is amended to read:
AB1163,15,107 948.01 (1) “Child" means a person who has not attained the age of 18 years,
8except that for purposes of prosecuting a person who is alleged to have violated a
9state or federal criminal law, “child" does not include a person who has attained the
10age of 17 years
.
AB1163,47 11Section 47 . 948.11 (2) (am) (intro.) of the statutes is amended to read:
AB1163,15,1612 948.11 (2) (am) (intro.) Any person who has attained the age of 17 and adult
13who, with knowledge of the character and content of the description or narrative
14account, verbally communicates, by any means, a harmful description or narrative
15account to a child, with or without monetary consideration, is guilty of a Class I
16felony if any of the following applies:
AB1163,48 17Section 48 . 948.45 (1) of the statutes is amended to read:
AB1163,15,2118 948.45 (1) Except as provided in sub. (2), any person 17 years of age or older
19adult who, by any act or omission, knowingly encourages or contributes to the
20truancy, as defined under s. 118.16 (1) (c), of a person 17 years of age or under child
21is guilty of a Class C misdemeanor.
AB1163,49 22Section 49 . 948.60 (2) (d) of the statutes is amended to read:
AB1163,16,223 948.60 (2) (d) A person under 17 years of age child who has violated this
24subsection is subject to the provisions of ch. 938 unless jurisdiction is waived under

1s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction
2under s. 938.183.
AB1163,50 3Section 50 . 948.61 (4) of the statutes is amended to read:
AB1163,16,74 948.61 (4) A person under 17 years of age child who has violated this section
5is subject to the provisions of ch. 938, unless jurisdiction is waived under s. 938.18
6or the person is subject to the jurisdiction of a court of criminal jurisdiction under s.
7938.183.
AB1163,51 8Section 51 . 961.455 (title) of the statutes is amended to read:
AB1163,16,10 9961.455 (title) Using a child minor for illegal drug distribution or
10manufacturing purposes.
AB1163,52 11Section 52 . 961.455 (1) of the statutes is amended to read:
AB1163,16,1412 961.455 (1) Any person who has attained the age of 17 years adult who
13knowingly solicits, hires, directs, employs, or uses a person who is under the age of
1417 years
minor for the purpose of violating s. 961.41 (1) is guilty of a Class F felony.
AB1163,53 15Section 53 . 961.455 (2) of the statutes is amended to read:
AB1163,16,2016 961.455 (2) The knowledge requirement under sub. (1) does not require proof
17of knowledge of the age of the child minor. It is not a defense to a prosecution under
18this section that the actor mistakenly believed that the person solicited, hired,
19directed, employed, or used under sub. (1) had attained the age of 18 years, even if
20the mistaken belief was reasonable.
AB1163,54 21Section 54 . 961.46 of the statutes is amended to read:
AB1163,17,2 22961.46 Distribution to persons under age 18 minors. If a person 17 years
23of age or over
an adult violates s. 961.41 (1) by distributing or delivering a controlled
24substance or a controlled substance analog to a person 17 years of age or under minor
25who is at least 3 years his or her junior, the applicable maximum term of

1imprisonment prescribed under s. 961.41 (1) for the offense may be increased by not
2more than 5 years.
AB1163,55 3Section 55 . 961.573 (2) of the statutes is amended to read:
AB1163,17,54 961.573 (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).
AB1163,56 6Section 56 . 961.574 (2) of the statutes is amended to read:
AB1163,17,87 961.574 (2) Any person minor who violates sub. (1) who is under 17 years of age
8is subject to a disposition under s. 938.344 (2e).
AB1163,57 9Section 57 . 961.575 (1) of the statutes is amended to read:
AB1163,17,1310 961.575 (1) Any person 17 years of age or over adult who violates s. 961.574 (1)
11by delivering drug paraphernalia to a person 17 years of age or under minor who is
12at least 3 years younger than the violator may be fined not more than $10,000 or
13imprisoned for not more than 9 months or both.
AB1163,58 14Section 58 . 961.575 (2) of the statutes is amended to read:
AB1163,17,1615 961.575 (2) Any person minor who violates this section who is under 17 years
16of age
is subject to a disposition under s. 938.344 (2e).
AB1163,59 17Section 59 . 961.575 (3) of the statutes is amended to read:
AB1163,17,2018 961.575 (3) Any person 17 years of age or over adult who violates s. 961.574 (3)
19by delivering drug paraphernalia to a person 17 years of age or under minor is guilty
20of a Class G felony.
AB1163,60 21Section 60 . 990.01 (3) of the statutes is amended to read:
AB1163,17,2522 990.01 (3) Adult. “Adult" means a person who has attained the age of 18 years,
23except that for purposes of investigating or prosecuting a person who is alleged to
24have violated any state or federal criminal law or any civil law or municipal
25ordinance, “adult" means a person who has attained the age of 17 years
.
AB1163,61
1Section 61. 990.01 (20) of the statutes is amended to read:
AB1163,18,52 990.01 (20) Minor. “Minor" means a person who has not attained the age of
318 years, except that for purposes of investigating or prosecuting a person who is
4alleged to have violated a state or federal criminal law or any civil law or municipal
5ordinance, “minor" does not include a person who has attained the age of 17 years
.
AB1163,62 6Section 62. Initial applicability.
AB1163,18,87 (1) This act first applies to a violation of a criminal law, civil law, or municipal
8ordinance allegedly committed on the effective date of this subsection.
AB1163,63 9Section 63. Effective date.
AB1163,18,1110 (1) This act takes effect on the day after publication, or the 2nd day after
11publication of the 2023 biennial budget, act whichever occurs later.
AB1163,18,1212 (End)
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