AB130, s. 598
7Section
598. 946.45 (2) (d) of the statutes, as affected by 1993 Wisconsin Acts
8377, 385 and 491, is amended to read:
AB130,387,139
946.45
(2) (d) "Prisoner" includes a person who is committed to the custody of
10the department of corrections under s.
48.34 938.34 (4g) or placed in a secured
11correctional facility
or a secured child caring institution under s.
48.34 938.183,
12938.34 (4m) or
48.357 938.357 (4) or (5) (e) or who is subject to an order under s.
1348.366 938.366.
AB130, s. 599
14Section
599. 946.50 of the statutes is created to read:
AB130,387,19
15946.50 Absconding. Any person who is adjudicated delinquent, but who
16intentionally fails to appear before the court assigned to exercise jurisdiction under
17chs. 48 and 938 for his or her dispositional hearing under s. 938.335, and who does
18not return to that court for a dispositional hearing before attaining the age of 17 years
19is guilty of the following:
AB130,387,21
20(1) A Class A felony, if the person was adjudicated delinquent for committing
21an act that would be a Class A felony if committed by an adult.
AB130,387,23
22(2) A Class B felony, if the person was adjudicated delinquent for committing
23an act that would be a Class B felony if committed by an adult.
AB130,387,25
24(3) A Class C felony, if the person was adjudicated delinquent for committing
25an act that would be a Class C felony is committed by an adult.
AB130,388,2
1(4) A Class D felony, if the person was adjudicated delinquent for committing
2an act that would be a Class D felony if committed by an adult.
AB130,388,4
3(5) A Class E felony, if the person was adjudicated delinquent for committing
4an act that would be a Class E felony or a misdemeanor if committed by an adult.
AB130, s. 600
5Section
600. 948.01 (1) of the statutes is amended to read:
AB130,388,96
948.01
(1) "Child" means a person who has not attained the age of 18 years
,
7except that for purposes of prosecuting a person who is alleged to have violated a
8state or federal criminal law "child" does not include a person who has attained the
9age of 17 years.
AB130, s. 601
10Section
601. 948.31 (1) (a) 2. of the statutes is amended to read:
AB130,388,1411
948.31
(1) (a) 2. The department of health and social services or any person,
12county department under s. 46.215, 46.22 or 46.23 or licensed child welfare agency,
13if custody of the child has been transferred under ch. 48
or 938 to that department,
14person or agency.
AB130, s. 602
15Section
602. 948.31 (1) (b) of the statutes is amended to read:
AB130,388,2416
948.31
(1) (b) Except as provided under
ch. chs. 48
and 938, whoever
17intentionally causes a child to leave, takes a child away or withholds a child for more
18than 12 hours beyond the court-approved period of physical placement or visitation
19period from a legal custodian with intent to deprive the custodian of his or her
20custody rights without the consent of the custodian is guilty of a Class C felony. This
21paragraph is not applicable if the court has entered an order authorizing the person
22to so take or withhold the child. The fact that joint legal custody has been awarded
23to both parents by a court does not preclude a court from finding that one parent has
24committed a violation of this paragraph.
AB130, s. 603
25Section
603. 948.35 (1) (a) of the statutes is amended to read:
AB130,389,6
1948.35
(1) (a) Except as provided in pars. (b) to (d) or s. 161.455, any person who
2has attained the age of
18 17 years and who, with the intent that a felony be
3committed and under circumstances that indicate unequivocally that he or she has
4the intent, knowingly solicits, advises, hires, directs or counsels a
child person 17
5years of age or under to commit that felony may be fined or imprisoned or both, not
6to exceed the maximum penalty for the felony.
AB130, s. 604
7Section
604. 948.36 (1) of the statutes is amended to read:
AB130,389,148
948.36
(1) Any person who has attained the age of
18 17 years and who, with
9the intent that a Class A felony be committed and under circumstances that indicate
10unequivocally that he or she has that intent, knowingly solicits, advises, hires,
11directs, counsels, employs, uses or otherwise procures a
child person 17 years of age
12or under to commit that Class A felony may, if the Class A felony is committed by the
13child, be imprisoned for not more than 5 years in excess of the maximum period of
14imprisonment provided by law for that Class A felony.
AB130, s. 605
15Section
605. 948.40 (1) of the statutes is amended to read:
AB130,389,1916
948.40
(1) No person may intentionally encourage or contribute to the
17delinquency of a child
as defined in s. 48.02 (3m). This subsection includes
18intentionally encouraging or contributing to an act by a child under the age of
12 10 19which would be a delinquent act if committed by a child
12 10 years of age or older.
AB130, s. 606
20Section
606. 948.40 (2) of the statutes is amended to read:
AB130,389,2421
948.40
(2) No person responsible for the child's welfare may, by disregard of the
22welfare of the child, contribute to the delinquency of the child. This subsection
23includes disregard that contributes to an act by a child under the age of
12 10 that
24would be a delinquent act if committed by a child
12
10 years of age or older.
AB130, s. 607
25Section
607. 948.45 (1) of the statutes is amended to read:
AB130,390,4
1948.45
(1) Except as provided in sub. (2), any person
18 17 years of age or older
2who, by any act or omission, knowingly encourages or contributes to the truancy, as
3defined under s. 118.16 (1) (c), of a
child person 17 years of age or under is guilty of
4a Class C misdemeanor.
AB130, s. 608
5Section
608. 948.50 (4) (b) of the statutes is amended to read:
AB130,390,86
948.50
(4) (b) Is placed in or transferred to a secured correctional facility
, as
7defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02
8(15g).
AB130, s. 609
9Section
609. 948.60 (title), (2) and (3) of the statutes are amended to read:
AB130,390,11
10948.60 (title)
Possession of a dangerous weapon by a child person
11under 18.