SB70-AA10,46,1915
938.12
(2) Seventeen-year-olds Juveniles who become adults. If a petition
16alleging that a juvenile is delinquent is filed before the juvenile
is 17 years of age 17becomes an adult, but the juvenile becomes
17 years of age an adult before admitting
18the facts of the petition at the plea hearing or
, if the juvenile denies the facts, before
19an adjudication, the court retains jurisdiction over the case.
SB70-AA10,29
20Section
29. 938.18 (2) of the statutes is amended to read:
SB70-AA10,47,421
938.18
(2) Petition. The petition for waiver of jurisdiction may be filed by the
22district attorney or the juvenile or may be initiated by the court and shall contain a
23brief statement of the facts supporting the request for waiver. The petition for waiver
24of jurisdiction shall be accompanied by or filed after the filing of a petition alleging
25delinquency and shall be filed prior to the plea hearing, except that if the juvenile
1denies the facts of the petition and becomes
17 years of age an adult before an
2adjudication, the petition for waiver of jurisdiction may be filed at any time prior to
3the adjudication. If the court initiates the petition for waiver of jurisdiction, the
4judge shall disqualify himself or herself from any future proceedings on the case.
SB70-AA10,30
5Section
30. 938.183 (3) of the statutes is amended to read:
SB70-AA10,47,136
938.183
(3) Placement in state prison; parole. When Subject to s. 973.013
7(3m), when a juvenile who is subject to a criminal penalty under sub. (1m) or s.
8938.183 (2), 2003 stats.,
attains the age of 17 years becomes an adult, the department
9of corrections may place the juvenile in a state prison named in s. 302.01, except that
10that department may not place any person under the age of 18 years in the
11correctional institution authorized in s. 301.16 (1n). A juvenile who is subject to a
12criminal penalty under sub. (1m) or under s. 938.183 (2), 2003 stats., for an act
13committed before December 31, 1999, is eligible for parole under s. 304.06.
SB70-AA10,31
14Section
31. 938.255 (1) (intro.) of the statutes is amended to read:
SB70-AA10,47,2115
938.255
(1) Title and contents. (intro.) A petition initiating proceedings
16under this chapter, other than a petition initiating proceedings under s. 938.12,
17938.125, or 938.13 (12), shall be entitled, “In the interest of (juvenile's name), a
18person under the age of 18
".." A petition initiating proceedings under s. 938.12,
19938.125, or 938.13 (12) shall be entitled, “In the interest of (juvenile's name), a
person
20under the age of 17". juvenile." A petition initiating proceedings under this chapter
21shall specify all of the following:
SB70-AA10,32
22Section
32. 938.34 (8) of the statutes is amended to read:
SB70-AA10,48,2023
938.34
(8) Forfeiture. Impose a forfeiture based upon a determination that
24this disposition is in the best interest of the juvenile and the juvenile's rehabilitation.
25The maximum forfeiture that the court may impose under this subsection for a
1violation by a juvenile is the maximum amount of the fine that may be imposed on
2an adult for committing that violation or, if the violation is applicable only to
a person
3under 18 years of age juveniles, $100. The order shall include a finding that the
4juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months
5for payment. If the juvenile fails to pay the forfeiture, the court may vacate the
6forfeiture and order other alternatives under this section; or the court may suspend
7any license issued under ch. 29 for not less than 30 days nor more than 5 years, or
8suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more
9than 2 years. If the court suspends any license under this subsection, the clerk of the
10court shall immediately take possession of the suspended license if issued under ch.
1129 or, if the license is issued under ch. 343, the court may take possession of, and if
12possession is taken, shall destroy, the license. The court shall forward to the
13department
which that issued the license a notice of suspension stating that the
14suspension is for failure to pay a forfeiture imposed by the court, together with any
15license issued under ch. 29 of which the court takes possession. If the forfeiture is
16paid during the period of suspension, the suspension shall be reduced to the time
17period
which that has already elapsed and the court shall immediately notify the
18department
, which shall then, if the license is issued under ch. 29, return the license
19to the juvenile. Any recovery under this subsection shall be reduced by the amount
20recovered as a forfeiture for the same act under s. 938.45 (1r) (b).
SB70-AA10,33
21Section
33. 938.343 (2) of the statutes is amended to read:
SB70-AA10,49,1322
938.343
(2) Forfeiture. Impose a forfeiture not to exceed the maximum
23forfeiture that may be imposed on an adult for committing that violation or, if the
24violation is only applicable to
a person under 18 years of age juveniles, $50. The
25order shall include a finding that the juvenile alone is financially able to pay and
1shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture,
2the court may suspend any license issued under ch. 29 or suspend the juvenile's
3operating privilege, as defined in s. 340.01 (40), for not more than 2 years. The court
4shall immediately take possession of the suspended license if issued under ch. 29 or,
5if the license is issued under ch. 343, the court may take possession of, and if
6possession is taken, shall destroy, the license. The court shall forward to the
7department
which that issued the license the notice of suspension stating that the
8suspension is for failure to pay a forfeiture imposed by the court, together with any
9license issued under ch. 29 of which the court takes possession. If the forfeiture is
10paid during the period of suspension, the court shall immediately notify the
11department, which shall, if the license is issued under ch. 29, return the license to
12the person. Any recovery under this subsection shall be reduced by the amount
13recovered as a forfeiture for the same act under s. 938.45 (1r) (b).
SB70-AA10,34
14Section
34. 938.344 (3) of the statutes is amended to read:
SB70-AA10,49,2215
938.344
(3) Prosecution in adult court. If the juvenile alleged to have
16committed the violation is within 3 months of
his or her 17th birthday becoming an
17adult, the court assigned to exercise jurisdiction under this chapter and ch. 48 may,
18at the request of the district attorney or on its own motion, dismiss the citation
19without prejudice and refer the matter to the district attorney for prosecution under
20s. 125.07 (4). The juvenile is entitled to a hearing only on the issue of his or her age.
21This subsection does not apply to violations under s. 961.573 (2), 961.574 (2)
, or
22961.575 (2) or a local ordinance that strictly conforms to one of those statutes.
SB70-AA10,35
23Section
35. 938.35 (1m) of the statutes is amended to read:
SB70-AA10,50,424
938.35
(1m) Future criminal proceedings barred. Disposition by the court
25assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation
1under s. 938.12 or 938.13 (12) shall bar any future proceeding on the same matter
2in criminal court when the juvenile
attains 17 years of age becomes an adult. This
3subsection does not affect proceedings in criminal court that have been transferred
4under s. 938.18.
SB70-AA10,36
5Section
36. 938.355 (4) (b) of the statutes is amended to read:
SB70-AA10,51,26
938.355
(4) (b) Except as provided in s. 938.368, an order under s. 938.34 (4d)
7or (4m) made before the juvenile attains 18 years of age may apply for up to 2 years
8after the date on which the order is granted or until the juvenile's
18th 19th birthday,
9whichever is earlier, unless the court specifies a shorter period of time or the court
10terminates the order sooner. If the order does not specify a termination date, it shall
11apply for one year after the date on which the order is granted or until the juvenile's
1218th 19th birthday, whichever is earlier, unless the court terminates the order
13sooner. Except as provided in s. 938.368, an order under s. 938.34 (4h) made before
14the juvenile attains 18 years of age shall apply for 5 years after the date on which the
15order is granted, if the juvenile is adjudicated delinquent for committing a violation
16of s. 943.10 (2) or for committing an act that would be punishable as a Class B or C
17felony if committed by an adult, or until the juvenile reaches 25 years of age, if the
18juvenile is adjudicated delinquent for committing an act that would be punishable
19as a Class A felony if committed by an adult. Except as provided in s. 938.368, an
20extension of an order under s. 938.34 (4d), (4h), (4m), or (4n) made before the juvenile
21attains 17 years of age becomes an adult shall terminate at the end of one year after
22the date on which the order is granted unless the court specifies a shorter period of
23time or the court terminates the order sooner. No extension under s. 938.365 of an
24original dispositional order under s. 938.34 (4d), (4h), (4m), or (4n) may be granted
1for a juvenile who
is 17 years of age or older when becomes an adult by the time the
2original dispositional order terminates.
SB70-AA10,37
3Section
37. 938.355 (4m) (a) of the statutes is amended to read:
SB70-AA10,51,94
938.355
(4m) (a) A juvenile who has been adjudged delinquent under s. 48.12,
51993 stats., or s. 938.12 may, on
attaining 17 years of age becoming an adult, petition
6the court to expunge the court's record of the juvenile's adjudication. Subject to par.
7(b), the court may expunge the record if the court determines that the juvenile has
8satisfactorily complied with the conditions of his or her dispositional order and that
9the juvenile will benefit from, and society will not be harmed by, the expungement.
SB70-AA10,38
10Section
38. 938.39 of the statutes is amended to read:
SB70-AA10,51,15
11938.39 Disposition by court bars criminal proceeding. Disposition by the
12court of any violation of state law within its jurisdiction under s. 938.12 bars any
13future criminal proceeding on the same matter in circuit court when the juvenile
14reaches the age of 17 becomes an adult. This section does not affect criminal
15proceedings in circuit court that were transferred under s. 938.18.
SB70-AA10,39
16Section
39. Subchapter IX (title) of chapter 938 [precedes 938.44] of the
17statutes is amended to read:
SB70-AA10,51,2119
SUBCHAPTER IX
20
JURISDICTION OVER
PERSONS 17
21
OR OLDER adults
SB70-AA10,40
22Section
40. 938.44 of the statutes is amended to read:
SB70-AA10,51,25
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.
SB70-AA10,41
1Section
41. 938.45 (1) (a) of the statutes is amended to read:
SB70-AA10,52,92
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.
SB70-AA10,42
10Section
42. 938.45 (3) of the statutes is amended to read:
SB70-AA10,52,1511
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.
SB70-AA10,43
16Section
43. 938.48 (4m) (title) of the statutes is amended to read:
SB70-AA10,52,1817
938.48
(4m) (title)
Continuing care and services for juveniles over 17
who
18become adults.
SB70-AA10,44
19Section
44. 938.48 (4m) (a) of the statutes is amended to read:
SB70-AA10,52,2020
938.48
(4m) (a) Is
at least 17 years of age an adult.
SB70-AA10,45
21Section
45
. 938.48 (4m) (b) of the statutes is amended to read:
SB70-AA10,52,2422
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.
SB70-AA10,46
25Section
46
. 938.48 (14) of the statutes is amended to read:
SB70-AA10,53,8
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.
SB70-AA10,47
9Section
47. 938.57 (3) (title) of the statutes is amended to read:
SB70-AA10,53,1110
938.57
(3) (title)
Continuing maintenance for juveniles over 17 who become
11adults.
SB70-AA10,48
12Section
48. 938.57 (3) (a) (intro.) of the statutes is amended to read:
SB70-AA10,53,1513
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:
SB70-AA10,49
16Section
49. 938.57 (3) (a) 1. of the statutes is amended to read:
SB70-AA10,53,1717
938.57
(3) (a) 1. Is
17 years of age or older an adult.
SB70-AA10,50
18Section
50. 938.57 (3) (a) 3. of the statutes is amended to read:
SB70-AA10,53,2019
938.57
(3) (a) 3. Received funding under s. 48.569 (1) (d) immediately prior to
20his or her 17th birthday becoming an adult.
SB70-AA10,51
21Section
51. 938.57 (3) (b) of the statutes is amended to read:
SB70-AA10,53,2422
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.
SB70-AA10,52
25Section
52. 946.50 (intro.) of the statutes is amended to read:
SB70-AA10,54,5
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:
SB70-AA10,53
6Section
53. 948.01 (1) of the statutes is amended to read:
SB70-AA10,54,107
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.
SB70-AA10,54
11Section
54. 948.11 (2) (am) (intro.) of the statutes is amended to read:
SB70-AA10,54,1612
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:
SB70-AA10,55
17Section
55. 948.45 (1) of the statutes is amended to read:
SB70-AA10,54,2118
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.
SB70-AA10,56
22Section
56. 948.60 (2) (d) of the statutes is amended to read:
SB70-AA10,55,223
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.
SB70-AA10,57
3Section
57. 948.61 (4) of the statutes is amended to read:
SB70-AA10,55,74
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.
SB70-AA10,58
8Section
58. 961.455 (title) of the statutes is amended to read:
SB70-AA10,55,10
9961.455 (title)
Using a child minor for illegal drug distribution or
10manufacturing purposes.
SB70-AA10,59
11Section
59. 961.455 (1) of the statutes is amended to read:
SB70-AA10,55,1412
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.
SB70-AA10,60
15Section
60. 961.455 (2) of the statutes is amended to read:
SB70-AA10,55,2016
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.
SB70-AA10,61
21Section
61
. 961.46 of the statutes is amended to read:
SB70-AA10,56,2
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.
SB70-AA10,62
3Section
62. 961.573 (2) of the statutes is amended to read:
SB70-AA10,56,54
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).
SB70-AA10,63
6Section
63. 961.574 (2) of the statutes is amended to read:
SB70-AA10,56,87
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).
SB70-AA10,64
9Section
64. 961.575 (1) of the statutes is amended to read:
SB70-AA10,56,1310
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.
SB70-AA10,65
14Section
65. 961.575 (2) of the statutes is amended to read:
SB70-AA10,56,1615
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).
SB70-AA10,66
17Section
66. 961.575 (3) of the statutes is amended to read:
SB70-AA10,56,2018
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.
SB70-AA10,67
21Section
67. 990.01 (3) of the statutes is amended to read:
SB70-AA10,56,2522
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.
SB70-AA10,68
1Section
68. 990.01 (20) of the statutes is amended to read:
SB70-AA10,57,52
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.
SB70-AA10,57,177
(1)
Age of adult jurisdiction. The treatment of ss. 48.02 (1d) and (2), 48.44,
848.45 (1) (a) and (am) and (3), 118.163 (4), 125.07 (4) (d) and (e) 1., 125.085 (3) (bt),
9165.83 (1) (c) 1. and 2., 301.12 (2m) and (14) (a), 302.31 (7), 938.02 (1) and (10m),
10938.12 (2), 938.18 (2), 938.183 (3), 938.255 (1) (intro.), 938.34 (8), 938.343 (2), 938.344
11(3), 938.35 (1m), 938.355 (4) (b) and (4m) (a), 938.39, 938.44, 938.45 (1) (a) and (3),
12938.48 (4m) (title), (a), and (b) and (14), 938.57 (3) (title), (a) (intro.), 1., and 3., and
13(b), 946.50 (intro.), 948.01 (1), 948.11 (2) (am) (intro.), 948.45 (1), 948.60 (2) (d),
14948.61 (4), 961.455 (title), (1), and (2), 961.46, 961.573 (2), 961.574 (2), 961.575 (1),
15(2), and (3), and 990.01 (3) and (20), subch. IX (title) of ch. 48, and subch. IX (title)
16of ch. 938 first applies to a violation of a criminal law, civil law, or municipal
17ordinance allegedly committed on the effective date of this subsection.
SB70-AA10,58,319
(1)
Age of adult jurisdiction. The treatment of ss. 48.02 (1d) and (2), 48.44,
2048.45 (1) (a) and (am) and (3), 118.163 (4), 125.07 (4) (d) and (e) 1., 125.085 (3) (bt),
21165.83 (1) (c) 1. and 2., 301.12 (2m) and (14) (a), 302.31 (7), 938.02 (1) and (10m),
22938.12 (2), 938.18 (2), 938.183 (3), 938.255 (1) (intro.), 938.34 (8), 938.343 (2), 938.344
23(3), 938.35 (1m), 938.355 (4) (b) and (4m) (a), 938.39, 938.44, 938.45 (1) (a) and (3),
24938.48 (4m) (title), (a), and (b) and (14), 938.57 (3) (title), (a) (intro.), 1., and 3., and
25(b), 946.50 (intro.), 948.01 (1), 948.11 (2) (am) (intro.), 948.45 (1), 948.60 (2) (d),
1948.61 (4), 961.455 (title), (1), and (2), 961.46, 961.573 (2), 961.574 (2), 961.575 (1),
2(2), and (3), and 990.01 (3) and (20), subch. IX (title) of ch. 48, and subch. IX (title)
3of ch. 938 and S
ection 9308
(1) of this act take effect on January 1, 2024.”.
SB70-AA10,58,5
5“
Section
69. 20.625 (1) (h) of the statutes is repealed.
SB70-AA10,70
6Section
70. 973.25 (4) (a) of the statutes is amended to read: