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LRB-3256/2
EAW:wlj
2017 Special Session
2017 - 2018 LEGISLATURE
Age of adult criminal jurisdiction for nonviolent, first offenders
Preliminary Draft - Not Ready For Introduction
November 22, 2017 - Introduced by Representatives Born, Nygren, Kessler,
Berceau, Billings, E. Brooks, Crowley, Genrich, Goyke, Hintz, Kolste,
Kulp, Loudenbeck, Mursau, Novak, Quinn, Ripp, Rohrkaste, Shankland,
Spiros, Spreitzer, Subeck, C. Taylor and Tittl, cosponsored by Senators
Petrowski, L. Taylor and Johnson. Referred to Committee on Criminal
Justice and Public Safety.
AB660,2,4 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 (1), 961.46,
12961.573 (2), 961.574 (2), 961.575 (1), 961.575 (2) and 961.575 (3); and to create
1320.437 (1) (ck), 48.02 (1d) (a), 48.02 (1d) (b), 48.02 (2) (a), 48.02 (2) (b), 938.02

1(1) (a), 938.02 (1) (b), 938.02 (10m) (a), 938.02 (10m) (b), 938.355 (4) (b) 2.,
2938.487, 948.01 (1) (a), 948.01 (1) (b), 990.01 (3) (a), 990.01 (3) (b), 990.01 (20)
3(a) and 990.01 (20) (b) of the statutes; relating to: the age at which a person
4is subject to juvenile court jurisdiction and making appropriations.
Analysis by the Legislative Reference Bureau
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.
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.
The 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.
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.
The bill appropriates $5,000,000 in fiscal year 2018-19 to the Department of
Children and Families to reimburse counties for the cost of providing juvenile
delinquency-related services to 17-year-olds and requires DCF to work with county
departments to develop a plan to distribute the funds. The plan must be submitted
to the Joint Committee on Finance for passive review. If the cost to counties exceeds
$5,000,000, the bill requires DCF to request up to $5,000,000 in additional funding
from JCF in fiscal year 2018-19. The bill also requires DCF, in collaboration with
the counties, and by no later than October 30, 2019, to submit a report to JCF on the

cost of providing juvenile delinquency-related services to 17-year-olds during the
first year of implementation of the bill.
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:
AB660,1 1Section 1 . 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated: - See PDF for table PDF
AB660,2 3Section 2 . 20.437 (1) (ck) of the statutes is created to read:
AB660,3,64 20.437 (1) (ck) Juvenile delinquency-related services for 17-year-olds. The
5amounts in the schedule for reimbursement to counties under s. 938.487 for the cost
6of purchasing and providing juvenile delinquency-related services to 17-year-olds.
AB660,3 7Section 3 . 48.02 (1d) of the statutes is renumbered 48.02 (1d) (intro.) and
8amended to read:
AB660,3,139 48.02 (1d) (intro.) “Adult" means a person who is 18 years of age or older, except
10that, for purposes of investigating or prosecuting a person who is alleged to have
11violated any state or federal criminal law or any civil law or municipal ordinance,
12“adult" means includes a person who has attained 17 years of age. for whom any of
13the following applies:
AB660,4 14Section 4 . 48.02 (1d) (a) of the statutes is created to read:
AB660,4,4
148.02 (1d) (a) The person is alleged, in a criminal complaint filed under s.
2968.02, to have committed any violent crime specified in s. 939.632 (1) (e) 1. or 2. or
3any misdemeanor under s. 940.42, if the underlying crime is a felony, or s. 941.20 (1)
4(b), (bm), (c), or (d).
AB660,5 5Section 5 . 48.02 (1d) (b) of the statutes is created to read:
AB660,4,126 48.02 (1d) (b) The person has previously been convicted of a crime or
7adjudicated delinquent and is alleged in a criminal complaint filed under s. 968.02
8or under federal law to have committed a crime, alleged in a complaint filed under
9s. 23.65 or 778.02 or in a citation filed under s. 23.62, 778.25, or 778.26 to have
10violated a civil law punishable by a forfeiture, or alleged in a complaint or citation
11filed with or transmitted to the court under s. 800.01 (1) to have violated a municipal
12ordinance.
AB660,6 13Section 6 . 48.02 (2) of the statutes is renumbered 48.02 (2) (intro.) and
14amended to read:
AB660,4,1915 48.02 (2) (intro.) “Child,” when used without further qualification, means a
16person who is less than 18 years of age, except that, for purposes of investigating or
17prosecuting a person who is alleged to have violated a state or federal criminal law
18or any civil law or municipal ordinance, “child" does not include a person who has
19attained
17 years of age. for whom any of the following applies:
AB660,7 20Section 7 . 48.02 (2) (a) of the statutes is created to read:
AB660,4,2421 48.02 (2) (a) The person is alleged, in a criminal complaint filed under s. 968.02,
22to have committed any violent crime specified in s. 939.632 (1) (e) 1. or 2. or any
23misdemeanor under s. 940.42, if the underlying crime is a felony, or s. 941.20 (1) (b),
24(bm), (c), or (d).
AB660,8 25Section 8 . 48.02 (2) (b) of the statutes is created to read:
AB660,5,6
148.02 (2) (b) The person has previously been convicted of a crime or adjudicated
2delinquent and is alleged in a criminal complaint filed under s. 968.02 or under
3federal law to have committed a crime, alleged in a complaint filed under s. 23.65 or
4778.02 or in a citation filed under s. 23.62, 778.25, or 778.26 to have violated a civil
5law punishable by a forfeiture, or alleged in a complaint or citation filed with or
6transmitted to the court under s. 800.01 (1) to have violated a municipal ordinance.
AB660,9 7Section 9 . Subchapter IX (title) of chapter 48 [precedes 48.44] of the statutes
8is amended to read:
AB660,5,99 CHAPTER 48
AB660,5,1210 SUBCHAPTER IX
11 JURISDICTION OVER PERSON 17
12 OR OLDER
adults
AB660,10 13Section 10 . 48.44 of the statutes is amended to read:
AB660,5,17 1448.44 Jurisdiction over persons 17 or older adults. The court has
15jurisdiction over persons 17 years of age or older adults as provided under ss. 48.133,
1648.355 (4), 48.357 (6), 48.365 (5), and 48.45 and as otherwise specifically provided in
17this chapter.
AB660,11 18Section 11 . 48.45 (1) (a) of the statutes is amended to read:
AB660,6,219 48.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition
20described in s. 48.13 it appears that any person 17 years of age or older adult has been
21guilty of contributing to, encouraging, or tending to cause by any act or omission,
22such
that condition of the child, the judge may make orders with respect to the
23conduct of such that person in his or her relationship to the child, including orders
24determining the ability of the person to provide for the maintenance or care of the

1child and directing when, how, and from where funds for the maintenance or care
2shall be paid.
AB660,12 3Section 12 . 48.45 (1) (am) of the statutes is amended to read:
AB660,6,104 48.45 (1) (am) If in the hearing of a case of an unborn child and the unborn
5child's expectant mother alleged to be in a condition described in s. 48.133 it appears
6that any person 17 years of age or over adult has been guilty of contributing to,
7encouraging, or tending to cause by any act or omission, such that condition of the
8unborn child and expectant mother, the judge may make orders with respect to the
9conduct of such that person in his or her relationship to the unborn child and
10expectant mother.
AB660,13 11Section 13 . 48.45 (3) of the statutes is amended to read:
AB660,6,1612 48.45 (3) If it appears at a court hearing that any person 17 years of age or older
13adult has violated s. 948.40, the judge shall refer the record to the district attorney
14for criminal proceedings as may be warranted in the district attorney's judgment.
15This subsection does not prevent prosecution of violations of s. 948.40 without the
16prior reference by the judge to the district attorney, as in other criminal cases.
AB660,14 17Section 14 . 118.163 (4) of the statutes is amended to read:
AB660,6,1918 118.163 (4) A person who is under 17 years of age a minor on the date of
19disposition is subject to s. 938.342.
AB660,15 20Section 15 . 125.07 (4) (d) of the statutes is amended to read:
AB660,6,2421 125.07 (4) (d) A person who is under 17 years of age a minor on the date of
22disposition is subject to s. 938.344 unless proceedings have been instituted against
23the person in a court of civil or criminal jurisdiction after dismissal of the citation
24under s. 938.344 (3).
AB660,16 25Section 16 . 125.07 (4) (e) 1. of the statutes is amended to read:
AB660,7,2
1125.07 (4) (e) 1. In this paragraph, “defendant" means a person found guilty
2of violating par. (a) or (b) who is 17, 18, 19 or 20 an adult under 21 years of age.
AB660,17 3Section 17 . 125.085 (3) (bt) of the statutes is amended to read:
AB660,7,74 125.085 (3) (bt) A person who is under 17 years of age a minor on the date of
5disposition is subject to s. 938.344 unless proceedings have been instituted against
6the person in a court of civil or criminal jurisdiction after dismissal of the citation
7under s. 938.344 (3).
AB660,18 8Section 18 . 165.83 (1) (c) 1. of the statutes is amended to read:
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