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:
SB70-AA10,58,127
973.25
(4) (a) An offender may file an application for a certificate of
8qualification for employment with the council on offender employment on a form to
9be provided by the director of state courts
along with an application fee of $20 that
10shall be deposited in the appropriation under s. 20.625 (1) (h). The council may waive
11the fee if the offender submits an affidavit along with the application in which he or
12she swears or affirms that he or she is unable to pay the application fee.
SB70-AA10,58,1714
(1)
Certificates of qualification for employment appropriation. The
15unencumbered balance in s. 20.625 (1) (h), 2021 stats., is transferred to s. 20.625 (1)
16(g), and the amounts in the schedule for s. 20.625 (1) (g) are increased by the amount
17transferred.
SB70-AA10,58,2119
(1)
Certificates of qualification for employment. The treatment of s. 973.25
20(4) (a) first applies to an application submitted on the effective date of this
21subsection.”.
SB70-AA10,58,23
23“
Section
71. 20.625 (1) (cg) of the statutes is amended to read:
SB70-AA10,59,3
120.625
(1) (cg)
Circuit court costs; generally. Biennially, the amounts in the
2schedule to make payments to counties for circuit court costs under s. 758.19 (5)
(am)
3to (i).
SB70-AA10,72
4Section
72. 20.625 (1) (d) of the statutes is created to read:
SB70-AA10,59,75
20.625
(1) (d)
Circuit court costs; pretrial risk assessments. Biennially, the
6amounts in the schedule to reimburse counties for circuit court costs under s. 758.19
7(5) (j).
SB70-AA10,73
8Section
73. 758.19 (5) (j) of the statutes is created to read:
SB70-AA10,59,129
758.19
(5) (j) Notwithstanding par. (b), the director of state courts shall make
10payments from the appropriation under s. 20.625 (1) (d) to counties to reimburse
11counties for circuit court costs related to implementing the use of pretrial risk
12assessments.”.
SB70-AA10,59,14
14“
Section
74. 134.66 (title) of the statutes is amended to read:
SB70-AA10,59,16
15134.66 (title)
Restrictions on sale or gift of cigarettes or nicotine, vapor,
16or tobacco products.
SB70-AA10,75
17Section
75. 134.66 (1) (jm) of the statutes is created to read:
SB70-AA10,59,1818
134.66
(1) (jm) “Vapor product" has the meaning given in s. 139.75 (14).
SB70-AA10,76
19Section
76. 134.66 (2) (a), (am), (b) and (cm) 1m. of the statutes are amended
20to read:
SB70-AA10,60,621
134.66
(2) (a) No retailer, direct marketer, manufacturer, distributor, jobber or
22subjobber, no agent, employee or independent contractor of a retailer, direct
23marketer, manufacturer, distributor, jobber or subjobber and no agent or employee
24of an independent contractor may sell or provide for nominal or no consideration
1cigarettes, nicotine products,
or tobacco products
, or vapor products to any person
2under the age of
18 21, except as provided in s. 254.92 (2) (a). A vending machine
3operator is not liable under this paragraph for the purchase of cigarettes, nicotine
4products,
or tobacco products
, or vapor products from his or her vending machine by
5a person under the age of
18 21 if the vending machine operator was unaware of the
6purchase.
SB70-AA10,60,157
(am) No retailer, direct marketer, manufacturer, distributor, jobber, subjobber,
8no agent, employee or independent contractor of a retailer, direct marketer,
9manufacturer, distributor, jobber or subjobber and no agent or employee of an
10independent contractor may provide for nominal or no consideration cigarettes,
11nicotine products,
or tobacco products
, or vapor products to any person except in a
12place where no person younger than
18 21 years of age is present or permitted to
13enter unless the person who is younger than
18
21 years of age is accompanied by his
14or her parent or guardian or by his or her spouse who has attained the age of
18 21 15years.
SB70-AA10,60,1916
(b) 1. A retailer shall post a sign in areas within his or her premises where
17cigarettes
or, tobacco products
, or vapor products are sold to consumers stating that
18the sale of any cigarette
or, tobacco product
, or vapor product to a person under the
19age of
18 21 is unlawful under this section and s. 254.92.
SB70-AA10,60,2320
2. A vending machine operator shall attach a notice in a conspicuous place on
21the front of his or her vending machines stating that the purchase of any cigarette
22or, tobacco product
, or vapor product by a person under the age of
18
21 is unlawful
23under s. 254.92 and that the purchaser is subject to a forfeiture of not to exceed $50.
SB70-AA10,61,424
(cm) 1m. A retailer or vending machine operator may not sell cigarettes
or, 25tobacco products
, or vapor products from a vending machine unless the vending
1machine is located in a place where the retailer or vending machine operator ensures
2that no person younger than
18 21 years of age is present or permitted to enter unless
3he or she is accompanied by his or her parent or guardian or by his or her spouse who
4has attained the age of
18 21 years.
SB70-AA10,77
5Section
77. 134.66 (2m) (a) of the statutes is amended to read:
SB70-AA10,61,206
134.66
(2m) (a) Except as provided in par. (b), at the time that a retailer hires
7or contracts with an agent, employee, or independent contractor whose duties will
8include the sale of cigarettes
, vapor products, or tobacco products, the retailer shall
9provide the agent, employee, or independent contractor with training on compliance
10with sub. (2) (a) and (am), including training on the penalties under sub. (4) (a) 2. for
11a violation of sub. (2) (a) or (am). The department of health services shall make
12available to any retailer on request a training program developed or approved by that
13department that provides the training required under this paragraph. A retailer
14may comply with this paragraph by providing the training program developed or
15approved by the department of health services or by providing a comparable training
16program approved by that department. At the completion of the training, the retailer
17and the agent, employee, or independent contractor shall sign a form provided by the
18department of health services verifying that the agent, employee, or independent
19contractor has received the training, which the retailer shall retain in the personnel
20file of the agent, employee, or independent contractor.
SB70-AA10,78
21Section
78. 134.66 (3) of the statutes is amended to read:
SB70-AA10,62,222
134.66
(3) Defense; sale to minor. Proof of all of the following facts by a
23retailer, manufacturer, distributor, jobber, or subjobber, an agent, employee, or
24independent contractor of a retailer, manufacturer, distributor, jobber, or subjobber,
25or an agent or employee of an independent contractor who sells cigarettes
or, tobacco
1products
, or vapor products to a person under the age of
18 21 is a defense to any
2prosecution, or a complaint made under s. 134.65 (7), for a violation of sub. (2) (a):
SB70-AA10,62,43
(a) That the purchaser falsely represented that he or she had attained the age
4of
18 21 and presented an identification card.
SB70-AA10,62,65
(b) That the appearance of the purchaser was such that an ordinary and
6prudent person would believe that the purchaser had attained the age of
18 21.
SB70-AA10,62,97
(c) That the sale was made in good faith, in reasonable reliance on the
8identification card and appearance of the purchaser and in the belief that the
9purchaser had attained the age of
18 21.
SB70-AA10,79
10Section
79. 139.345 (3) (a) (intro.) of the statutes is amended to read: