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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-AA10,9308 6Section 9308. Initial applicability; Corrections.
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-AA10,9408 18Section 9408. Effective dates; Corrections.
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 Section 9308 (1) of this act take effect on January 1, 2024.”.
SB70-AA10,58,4 4218. Page 374, line 11: after that line insert:
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-AA10,9207 13Section 9207. Fiscal changes; Circuit Courts.
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-AA10,9307 18Section 9307. Initial applicability; Circuit Courts.
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-AA10,58,22 22219. Page 374, line 11: after that line insert:
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-AA10,59,13 13220. Page 374, line 11: after that line insert:
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:
SB70-AA10,62,1211 139.345 (3) (a) (intro.) Verifies the consumer's name and address and that the
12consumer is at least 18 21 years of age by any of the following methods:
SB70-AA10,80 13Section 80. 139.345 (3) (b) 2. of the statutes is amended to read:
SB70-AA10,62,1614 139.345 (3) (b) 2. That the consumer understands that no person who is under
1518 21 years of age may purchase or possess cigarettes or falsely represent his or her
16age for the purpose of receiving cigarettes, as provided under s. 254.92.
SB70-AA10,81 17Section 81. 139.345 (7) (a) of the statutes is amended to read:
SB70-AA10,62,2518 139.345 (7) (a) No person may deliver a package of cigarettes sold by direct
19marketing to a consumer in this state unless the person making the delivery receives
20a government issued identification card from the person receiving the package and
21verifies that the person receiving the package is at least 18 21 years of age. If the
22person receiving the package is not the person to whom the package is addressed, the
23person delivering the package shall have the person receiving the package sign a
24statement that affirms that the person to whom the package is addressed is at least
2518 21 years of age.
SB70-AA10,82
1Section 82. Subchapter IX (title) of chapter 254 [precedes 254.911] of the
2statutes is amended to read:
SB70-AA10,63,33 CHAPTER 254
SB70-AA10,63,44 SUBCHAPTER IX
SB70-AA10,63,55 SALE OR GIFT OF CIGARETTES,
SB70-AA10,63,6 6NICOTINE PRODUCTS, VAPOR
SB70-AA10,63,7 7PRODUCTS, OR TOBACCO
SB70-AA10,63,88 PRODUCTS TO MINORS
SB70-AA10,83 9Section 83. 254.911 (11) of the statutes is created to read:
SB70-AA10,63,1010 254.911 (11) “Vapor product” has the meaning given in s. 139.75 (14).
SB70-AA10,84 11Section 84. 254.916 (2) (intro.) of the statutes is amended to read:
SB70-AA10,63,1512 254.916 (2) (intro.) With the permission of his or her parent or guardian, a A
13person under 18 21 years of age, but not under 15 years of age, may buy, attempt to
14buy, or possess any cigarette, nicotine product, or tobacco product, or vapor product
15if all of the following are true:
SB70-AA10,85 16Section 85. 254.916 (2) (d) of the statutes is created to read:
SB70-AA10,63,1817 254.916 (2) (d) If the person is under 18 years of age, he or she has obtained
18permission from his or her parent or guardian to participate in the investigation.
SB70-AA10,86 19Section 86. 254.916 (3) (a), (b), (c) and (d) of the statutes are amended to read:
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