Amendment SA2-SSA2-SB70

SB70-SSA2-SA2,554 Section 554. 254.916 (3) (f) 2. of the statutes is amended to read:

SB70-SSA2-SA2,270,9 254.916 (3) (f) 2. The age of the minor person under 21 years of age.

SB70-SSA2-SA2,555 Section 555. 254.916 (11) of the statutes is amended to read:

SB70-SSA2-SA2,270,24 254.916 (11) A person conducting an investigation under this section may not have a financial interest in a regulated cigarette and tobacco product retailer, a vapor product retailer, a tobacco vending machine operator, a tobacco vending machine premises, or a tobacco vending machine that may interfere with his or her ability to properly conduct that investigation. A person who is investigated under this section may request the local health department or local law enforcement agency that contracted for the investigation to conduct a review under ch. 68 to determine whether the person conducting the investigation is in compliance with this subsection or, if applicable, may request the state agency or state law enforcement agency that contracted for the investigation to conduct a contested case hearing under ch. 227 to make that determination. The results of an investigation that is conducted by a person who is not in compliance with this subsection may not be used to prosecute a violation of s. 134.66 (2) (a) or (am) or a local ordinance adopted under s. 134.66 (5).

SB70-SSA2-SA2,556 Section 556. 254.92 (title) of the statutes is amended to read:

SB70-SSA2-SA2,271,2 254.92 (title) Purchase or possession of cigarettes or, tobacco products, nicotine products, or vapor products by person under 18 21 prohibited.

SB70-SSA2-SA2,557 Section 557. 254.92 (1) of the statutes is amended to read:

SB70-SSA2-SA2,271,6 254.92 (1) No person under 18 21 years of age may falsely represent his or her age for the purpose of receiving any cigarette, nicotine product, or tobacco product, or vapor product.

SB70-SSA2-SA2,558 Section 558. 254.92 (2) of the statutes is amended to read:

SB70-SSA2-SA2,271,10 254.92 (2) No person under 18 21 years of age may purchase, attempt to purchase, or possess any cigarette, nicotine product, or tobacco product, or vapor product except as follows:

SB70-SSA2-SA2,271,14 (a) A person under 18 21 years of age may purchase or possess cigarettes, nicotine products, or tobacco products, or vapor products for the sole purpose of resale in the course of employment during his or her working hours if employed by a retailer.

SB70-SSA2-SA2,271,18 (b) A person under 18 21 years of age, but not under 15 years of age, may purchase, attempt to purchase or possess cigarettes, nicotine products, or tobacco products, or vapor products in the course of his or her participation in an investigation under s. 254.916 that is conducted in accordance with s. 254.916 (3).

SB70-SSA2-SA2,559 Section 559. 254.92 (2m) (intro.) of the statutes is amended to read:

SB70-SSA2-SA2,271,22 254.92 (2m) (intro.) No person may purchase cigarettes, tobacco products, or nicotine products, or vapor products on behalf of, or to provide to, any person who is under 18 21 years of age. Any person who violates this subsection may be:

SB70-SSA2-SA2,560 Section 560. 254.92 (3) of the statutes is amended to read:

SB70-SSA2-SA2,272,3 254.92 (3) A law enforcement officer shall seize any cigarette, nicotine product, or tobacco product, or vapor product that has been sold to and is in the possession of a person under 18 21 years of age.

SB70-SSA2-SA2,9302 Section 9302. Initial applicability; Agriculture, Trade and Consumer Protection.

SB70-SSA2-SA2,272,15 (1) Minimum age for cigarettes, nicotine products, tobacco products, and vapor products. The treatment of ss. 134.66 (title), (1) (jm), (2) (a), (am), (b), and (cm) 1m., (2m) (a), and (3), 139.345 (3) (a) (intro.) and (b) 2. and (7) (a), 254.911 (11), 254.916 (2) (intro.) and (d), (3) (a), (b), (c), (d), and (f) 2., and (11), and 254.92 (title), (1), (2), (2m) (intro.), and (3) and subch. IX (title) of ch. 254 first applies to purchases, attempts to purchase, possession, and false representations of age for the purpose of receiving any cigarette, nicotine product, tobacco product, or vapor product by persons under 21 years of age on the effective date of this subsection and to sales or the provision of cigarettes, nicotine products, tobacco products, or vapor products to persons under 21 years of age on the effective date of this subsection.”.

SB70-SSA2-SA2,272,16 267. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,272,17 “ Section 561. 20.625 (1) (cg) of the statutes is amended to read:

SB70-SSA2-SA2,272,20 20.625 (1) (cg) Circuit court costs ; generally. Biennially, the amounts in the schedule to make payments to counties for circuit court costs under s. 758.19 (5) (am) to (i).

SB70-SSA2-SA2,562 Section 562. 20.625 (1) (d) of the statutes is created to read:

SB70-SSA2-SA2,272,24 20.625 (1) (d) Circuit court costs; pretrial risk assessments. Biennially, the amounts in the schedule to reimburse counties for circuit court costs under s. 758.19 (5) (j).

SB70-SSA2-SA2,563 Section 563. 758.19 (5) (j) of the statutes is created to read:

SB70-SSA2-SA2,273,5 758.19 (5) (j) Notwithstanding par. (b), the director of state courts shall make payments from the appropriation under s. 20.625 (1) (d) to counties to reimburse counties for circuit court costs related to implementing the use of pretrial risk assessments.”.

SB70-SSA2-SA2,273,6 268. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,273,7 “ Section 564. 20.625 (1) (h) of the statutes is repealed.

SB70-SSA2-SA2,565 Section 565. 973.25 (4) (a) of the statutes is amended to read:

SB70-SSA2-SA2,273,14 973.25 (4) (a) An offender may file an application for a certificate of qualification for employment with the council on offender employment on a form to be provided by the director of state courts along with an application fee of $20 that shall be deposited in the appropriation under s. 20.625 (1) (h). The council may waive the fee if the offender submits an affidavit along with the application in which he or she swears or affirms that he or she is unable to pay the application fee.

SB70-SSA2-SA2,9207 Section 9207. Fiscal changes; Circuit Courts.

SB70-SSA2-SA2,273,19 (1) Certificates of qualification for employment appropriation. The unencumbered balance in s. 20.625 (1) (h), 2021 stats., is transferred to s. 20.625 (1) (g), and the amounts in the schedule for s. 20.625 (1) (g) are increased by the amount transferred.

SB70-SSA2-SA2,9307 Section 9307. Initial applicability; Circuit Courts.

SB70-SSA2-SA2,273,23 (1) Certificates of qualification for employment. The treatment of s. 973.25 (4) (a) first applies to an application submitted on the effective date of this subsection.”.

SB70-SSA2-SA2,273,24 269. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,274,1 “ Section 566. 20.437 (1) (cL) of the statutes is created to read:

SB70-SSA2-SA2,274,3 20.437 (1) (cL) Seventeen-year-old juvenile justice aids. A sum sufficient for the purposes under s. 48.5275.

SB70-SSA2-SA2,567 Section 567. 48.02 (1d) of the statutes is amended to read:

SB70-SSA2-SA2,274,8 48.02 (1d) “Adult" means a person who is 18 years of age or older, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “ adult" means a person who has attained 17 years of age.

SB70-SSA2-SA2,568 Section 568. 48.02 (2) of the statutes is amended to read:

SB70-SSA2-SA2,274,14 48.02 (2) “Child," when used without further qualification, means a person who is less than 18 years of age, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, “child" does not include a person who has attained 17 years of age.

SB70-SSA2-SA2,569 Section 569. Subchapter IX (title) of chapter 48 [precedes 48.44] of the statutes is amended to read:

SB70-SSA2-SA2,274,17 CHAPTER 48

SB70-SSA2-SA2,274,20 SUBCHAPTER IX JURISDICTION OVER PERSON 17 OR OLDER adults

SB70-SSA2-SA2,570 Section 570. 48.44 of the statutes is amended to read:

SB70-SSA2-SA2,274,25 48.44 Jurisdiction over persons 17 or older adults. The court has jurisdiction over persons 17 years of age or older adults as provided under ss. 48.133, 48.355 (4), 48.357 (6), 48.365 (5), and 48.45 and as otherwise specifically provided in this chapter.

SB70-SSA2-SA2,571 Section 571. 48.45 (1) (a) of the statutes is amended to read:

SB70-SSA2-SA2,275,9 48.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition described in s. 48.13 it appears that any person 17 years of age or older adult has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such that condition of the child, the judge may make orders with respect to the conduct of such that person in his or her relationship to the child, including orders determining the ability of the person to provide for the maintenance or care of the child and directing when, how, and from where funds for the maintenance or care shall be paid.

SB70-SSA2-SA2,572 Section 572. 48.45 (1) (am) of the statutes is amended to read:

SB70-SSA2-SA2,275,17 48.45 (1) (am) If in the hearing of a case of an unborn child and the unborn child's expectant mother alleged to be in a condition described in s. 48.133 it appears that any person 17 years of age or over adult has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such that condition of the unborn child and expectant mother, the judge may make orders with respect to the conduct of such that person in his or her relationship to the unborn child and expectant mother.

SB70-SSA2-SA2,573 Section 573. 48.45 (3) of the statutes is amended to read:

SB70-SSA2-SA2,275,23 48.45 (3) If it appears at a court hearing that any person 17 years of age or older adult has violated s. 948.40, the judge shall refer the record to the district attorney for criminal proceedings as may be warranted in the district attorney's judgment. This subsection does not prevent prosecution of violations of s. 948.40 without the prior reference by the judge to the district attorney, as in other criminal cases.

SB70-SSA2-SA2,574 Section 574. 48.5275 of the statutes is created to read:

SB70-SSA2-SA2,276,5 48.5275 Seventeen-year-old juvenile justice aids. Notwithstanding s. 48.526, from the appropriation under s. 20.437 (1) (cL), beginning on January 1, 2024, the department shall reimburse counties for the costs under s. 48.526 (2) (c) associated with juveniles who were alleged to have violated a state or federal criminal law or any civil law or municipal ordinance at age 17.

SB70-SSA2-SA2,575 Section 575. 118.163 (4) of the statutes is amended to read:

SB70-SSA2-SA2,276,8 118.163 (4) A person who is under 17 years of age a minor on the date of disposition is subject to s. 938.342.

SB70-SSA2-SA2,576 Section 576. 125.07 (4) (d) of the statutes is amended to read:

SB70-SSA2-SA2,276,13 125.07 (4) (d) A person who is under 17 years of age a minor on the date of disposition is subject to s. 938.344 unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under s. 938.344 (3).

SB70-SSA2-SA2,577 Section 577. 125.07 (4) (e) 1. of the statutes is amended to read:

SB70-SSA2-SA2,276,16 125.07 (4) (e) 1. In this paragraph, “defendant" means a person found guilty of violating par. (a) or (b) who is 17, 18, 19 or 20 an adult under 21 years of age.

SB70-SSA2-SA2,578 Section 578. 125.085 (3) (bt) of the statutes is amended to read:

SB70-SSA2-SA2,276,21 125.085 (3) (bt) A person who is under 17 years of age a minor on the date of disposition is subject to s. 938.344 unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under s. 938.344 (3).

SB70-SSA2-SA2,579 Section 579. 165.83 (1) (c) 1. of the statutes is amended to read:

SB70-SSA2-SA2,276,24 165.83 (1) (c) 1. An act that is committed by a person who has attained the age of 17 an adult and that is a felony or a misdemeanor.

SB70-SSA2-SA2,580 Section 580. 165.83 (1) (c) 2. of the statutes is amended to read:

SB70-SSA2-SA2,277,3 165.83 (1) (c) 2. An act that is committed by a person minor who has attained the age of 10 but who has not attained the age of 17 and that would be a felony or misdemeanor if committed by an adult.

SB70-SSA2-SA2,581 Section 581. 301.12 (2m) of the statutes is amended to read:

SB70-SSA2-SA2,277,7 301.12 (2m) The liability specified in sub. (2) shall not apply to persons 17 and older adults receiving care, maintenance, services, and supplies provided by prisons named in s. 302.01.

SB70-SSA2-SA2,582 Section 582. 301.12 (14) (a) of the statutes is amended to read:

SB70-SSA2-SA2,277,19 301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17 years of age minors in residential, nonmedical facilities such as group homes, foster homes, residential care centers for children and youth, and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 301.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (4m) or by other 3rd-party benefits, subject to rules that include formulas governing ability to pay promulgated by the department under s. 301.03 (18). Any liability of the resident not payable by any other person terminates when the resident reaches age 17 becomes an adult, unless the liable person has prevented payment by any act or omission.

SB70-SSA2-SA2,583 Section 583. 302.31 (7) of the statutes is amended to read:

SB70-SSA2-SA2,278,2 302.31 (7) The temporary placement of persons in the custody of the department, other than persons under 17 years of age minors, and persons who have attained the age of 17 years but have not attained adults under the age of 25 years who are under the supervision of the department under s. 938.355 (4) and who have been taken into custody pending revocation of community supervision or aftercare supervision under s. 938.357 (5) (e).

SB70-SSA2-SA2,584 Section 584. 938.02 (1) of the statutes is amended to read:

SB70-SSA2-SA2,278,7 938.02 (1) “Adult" means a person who is 18 years of age or older, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “ adult" means a person who has attained 17 years of age.

SB70-SSA2-SA2,585 Section 585. 938.02 (10m) of the statutes is amended to read:

SB70-SSA2-SA2,278,13 938.02 (10m) “Juvenile," when used without further qualification, means a person who is less than 18 years of age, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, “juvenile" does not include a person who has attained 17 years of age.

SB70-SSA2-SA2,586 Section 586. 938.12 (2) of the statutes is amended to read:

SB70-SSA2-SA2,278,19 938.12 (2) Seventeen-year-olds Juveniles who become adults. If a petition alleging that a juvenile is delinquent is filed before the juvenile is 17 years of age becomes an adult, but the juvenile becomes 17 years of age an adult before admitting the facts of the petition at the plea hearing or, if the juvenile denies the facts, before an adjudication, the court retains jurisdiction over the case.

SB70-SSA2-SA2,587 Section 587. 938.18 (2) of the statutes is amended to read:

SB70-SSA2-SA2,279,4 938.18 (2) Petition. The petition for waiver of jurisdiction may be filed by the district attorney or the juvenile or may be initiated by the court and shall contain a brief statement of the facts supporting the request for waiver. The petition for waiver of jurisdiction shall be accompanied by or filed after the filing of a petition alleging delinquency and shall be filed prior to the plea hearing, except that if the juvenile denies the facts of the petition and becomes 17 years of age an adult before an adjudication, the petition for waiver of jurisdiction may be filed at any time prior to the adjudication. If the court initiates the petition for waiver of jurisdiction, the judge shall disqualify himself or herself from any future proceedings on the case.

SB70-SSA2-SA2,588 Section 588. 938.183 (3) of the statutes is amended to read:

SB70-SSA2-SA2,279,13 938.183 (3) Placement in state prison; parole. When Subject to s. 973.013 (3m), when a juvenile who is subject to a criminal penalty under sub. (1m) or s. 938.183 (2), 2003 stats., attains the age of 17 years becomes an adult, the department of corrections may place the juvenile in a state prison named in s. 302.01, except that that department may not place any person under the age of 18 years in the correctional institution authorized in s. 301.16 (1n). A juvenile who is subject to a criminal penalty under sub. (1m) or under s. 938.183 (2), 2003 stats., for an act committed before December 31, 1999, is eligible for parole under s. 304.06.

SB70-SSA2-SA2,589 Section 589. 938.255 (1) (intro.) of the statutes is amended to read:

SB70-SSA2-SA2,279,21 938.255 (1) Title and contents. (intro.) A petition initiating proceedings under this chapter, other than a petition initiating proceedings under s. 938.12, 938.125, or 938.13 (12), shall be entitled, “In the interest of (juvenile's name), a person under the age of 18".." A petition initiating proceedings under s. 938.12, 938.125, or 938.13 (12) shall be entitled, “In the interest of (juvenile's name), a person under the age of 17". juvenile." A petition initiating proceedings under this chapter shall specify all of the following:

SB70-SSA2-SA2,590 Section 590. 938.34 (8) of the statutes is amended to read:

SB70-SSA2-SA2,280,20 938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that this disposition is in the best interest of the juvenile and the juvenile's rehabilitation. The maximum forfeiture that the court may impose under this subsection for a violation by a juvenile is the maximum amount of the fine that may be imposed on an adult for committing that violation or, if the violation is applicable only to a person under 18 years of age juveniles, $100. The order shall include a finding that the juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months for payment. If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order other alternatives under this section; or the court may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more than 2 years. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license if issued under ch. 29 or, if the license is issued under ch. 343, the court may take possession of, and if possession is taken, shall destroy, the license. The court shall forward to the department which that issued the license a notice of suspension stating that the suspension is for failure to pay a forfeiture imposed by the court, together with any license issued under ch. 29 of which the court takes possession. If the forfeiture is paid during the period of suspension, the suspension shall be reduced to the time period which that has already elapsed and the court shall immediately notify the department, which shall then, if the license is issued under ch. 29, return the license to the juvenile. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).

SB70-SSA2-SA2,591 Section 591. 938.343 (2) of the statutes is amended to read:

SB70-SSA2-SA2,281,13 938.343 (2) Forfeiture. Impose a forfeiture not to exceed the maximum forfeiture that may be imposed on an adult for committing that violation or, if the violation is only applicable to a person under 18 years of age juveniles, $50. The order shall include a finding that the juvenile alone is financially able to pay and shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture, the court may suspend any license issued under ch. 29 or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more than 2 years. The court shall immediately take possession of the suspended license if issued under ch. 29 or, if the license is issued under ch. 343, the court may take possession of, and if possession is taken, shall destroy, the license. The court shall forward to the department which that issued the license the notice of suspension stating that the suspension is for failure to pay a forfeiture imposed by the court, together with any license issued under ch. 29 of which the court takes possession. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which shall, if the license is issued under ch. 29, return the license to the person. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).

SB70-SSA2-SA2,592 Section 592. 938.344 (3) of the statutes is amended to read:

SB70-SSA2-SA2,281,22 938.344 (3) Prosecution in adult court. If the juvenile alleged to have committed the violation is within 3 months of his or her 17th birthday becoming an adult, the court assigned to exercise jurisdiction under this chapter and ch. 48 may, at the request of the district attorney or on its own motion, dismiss the citation without prejudice and refer the matter to the district attorney for prosecution under s. 125.07 (4). The juvenile is entitled to a hearing only on the issue of his or her age. This subsection does not apply to violations under s. 961.573 (2), 961.574 (2), or 961.575 (2) or a local ordinance that strictly conforms to one of those statutes.