SB45: Bill Text

SB45,3132 Section 3132. 938.33 (3) (intro.) and (a) of the statutes are consolidated, renumbered 938.33 (3) and amended to read:

SB45,1566,11 938.33 (3) Correctional placement reports. A report recommending placement of a juvenile in a juvenile correctional facility or a secured residential care center for children and youth shall be in writing, except that the report may be presented orally at the dispositional hearing if the juvenile and the juvenile’s counsel consent. A report that is presented orally shall be transcribed and made a part of the court record. In addition to the information specified under sub. (1) (a) to (d), the report shall include all of the following: (a) A a description of any less restrictive alternatives that are available and that have been considered, and why they have been determined to be inappropriate. If the court has found that any of the conditions specified in s. 938.34 (4m) (b) 1., 2., or 3. applies, the report shall indicate that a less restrictive alternative than placement in a juvenile correctional facility or a secured residential care center for children and youth is not appropriate.

SB45,3133 Section 3133. 938.33 (3) (b) of the statutes is repealed.

SB45,3134 Section 3134. 938.33 (4) (b) of the statutes is repealed.

SB45,3135 Section 3135. 938.33 (4m) of the statutes is repealed.

SB45,3136 Section 3136. 938.335 (3r) of the statutes is repealed.

SB45,3137 Section 3137. 938.34 (8) of the statutes is amended to read:

SB45,1567,16 938.34 (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).

SB45,3138 Section 3138. 938.341 of the statutes is amended to read:

SB45,1567,21 938.341 Delinquency adjudication; restriction on firearm possession. Whenever a court adjudicates a juvenile delinquent for an act that if committed by an adult in this state would be a felony or for a violation under s. 175.33 (2), the court shall inform the juvenile of the requirements and penalties under s. 941.29.

SB45,3139 Section 3139. 938.343 (2) of the statutes is amended to read:

SB45,1568,16 938.343 (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).

SB45,3140 Section 3140. 938.344 (3) of the statutes is amended to read:

SB45,1569,2 938.344 (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.

SB45,3141 Section 3141. 938.35 (1m) of the statutes is amended to read:

SB45,1569,9 938.35 (1m) Future criminal proceedings barred. Disposition by the court assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation under s. 938.12 or 938.13 (12) shall bar any future proceeding on the same matter in criminal court when the juvenile attains 17 years of age becomes an adult. This subsection does not affect proceedings in criminal court that have been transferred under s. 938.18.

SB45,3142 Section 3142. 938.355 (2) (b) 4. of the statutes is repealed.

SB45,3143 Section 3143. 938.355 (2) (b) 6. of the statutes is renumbered 938.355 (2) (b) 6. a. and amended to read:

SB45,1569,15 938.355 (2) (b) 6. a. If the juvenile is placed outside the home, a finding that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile or, if.

SB45,1569,20 b. If the juvenile has been adjudicated delinquent and is placed outside the home under s. 938.34 (3) (a), (c), (cm), or (d) or (4d), in addition to the finding under subd. 6. a., a finding that the juvenile’s current residence will not safeguard the welfare of the juvenile or the community due to the serious nature of the act for which the juvenile was adjudicated delinquent.

SB45,1570,5 c. The court order under subd. 6. a. or b. shall also contain a finding as to whether the county department or the agency primarily responsible for providing services under a court order has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile’s health and safety are the paramount concerns, unless the court finds that any of the circumstances under sub. (2d) (b) 1. to 4. applies, and, if a permanency plan has previously been prepared for the juvenile, a finding as to whether the county department or agency has made reasonable efforts to achieve the permanency goal of the juvenile’s permanency plan, including, if appropriate, through an out-of-state placement.

SB45,1570,12 d. The court shall make the findings specified in this subdivision on a case-by- case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which those findings are based in the court order. A court order that merely references this subdivision without documenting or referencing that specific information in the court order or an amended court order that retroactively corrects an earlier court order that does not comply with this subdivision is not sufficient to comply with this subdivision.

SB45,3144 Section 3144. 938.355 (4) (b) of the statutes is amended to read:

SB45,1571,10 938.355 (4) (b) Except as provided in s. 938.368, an order under s. 938.34 (4d) or (4m) made before the juvenile attains 18 years of age may apply for up to 2 years after the date on which the order is granted or until the juvenile’s 18th 19th birthday, whichever is earlier, unless the court specifies a shorter period of time or the court terminates the order sooner. If the order does not specify a termination date, it shall apply for one year after the date on which the order is granted or until the juvenile’s 18th 19th birthday, whichever is earlier, unless the court terminates the order sooner. Except as provided in s. 938.368, an order under s. 938.34 (4h) made before the juvenile attains 18 years of age shall apply for 5 years after the date on which the order is granted, if the juvenile is adjudicated delinquent for committing a violation of s. 943.10 (2) or for committing an act that would be punishable as a Class B or C felony if committed by an adult, or until the juvenile reaches 25 years of age, if the juvenile is adjudicated delinquent for committing an act that would be punishable as a Class A felony if committed by an adult. Except as provided in s. 938.368, an extension of an order under s. 938.34 (4d), (4h), (4m), or (4n) made before the juvenile attains 17 years of age becomes an adult shall terminate at the end of one year after the date on which the order is granted unless the court specifies a shorter period of time or the court terminates the order sooner. No extension under s. 938.365 of an original dispositional order under s. 938.34 (4d), (4h), (4m), or (4n) may be granted for a juvenile who is 17 years of age or older when becomes an adult by the time the original dispositional order terminates.

SB45,3145 Section 3145. 938.355 (4m) (a) of the statutes is amended to read:

SB45,1571,18 938.355 (4m) (a) A juvenile who has been adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 may, on attaining 17 years of age becoming an adult, petition the court to expunge the court’s record of the juvenile’s adjudication. Subject to par. (b), the court may expunge the record if the court determines that the juvenile has satisfactorily complied with the conditions of his or her dispositional order and that the juvenile will benefit from, and society will not be harmed by, the expungement.

SB45,3146 Section 3146. 938.357 (3) (d) of the statutes is amended to read:

SB45,1572,5 938.357 (3) (d) A juvenile who is placed in a Type 1 juvenile correctional facility under par. (b) or (c) is the financial responsibility of the county department of the county where the juvenile was adjudicated delinquent. The county department shall reimburse the department of corrections at the rate specified under s. 301.26 (4) (d) 2. or 3., whichever is applicable, for the cost of a juvenile’s care while placed in a Type 1 juvenile correctional facility other than the Mendota juvenile treatment center. The county department shall reimburse the department of health services at a rate specified by that department for the cost of a juvenile’s care while placed at the Mendota juvenile treatment center and these payments shall be deposited in the appropriation account under s. 20.435 (2) (gk).

SB45,3147 Section 3147. 938.357 (5m) (a) of the statutes is repealed.

SB45,3148 Section 3148. 938.357 (5m) (b) of the statutes is renumbered 938.357 (5m).

SB45,3149 Section 3149. 938.36 (4) of the statutes is created to read:

SB45,1572,13 938.36 (4) Child support referral. (a) The county department or the department may refer to the attorney responsible for support enforcement under s. 59.53 (6) (a) the name of the parent or parents of a juvenile for whom an out-of- home placement has been ordered under s. 938.355 or 938.357 based on criteria established by the department by rule.

SB45,1572,15 (b) The department shall promulgate rules establishing criteria for when it is appropriate for a child support referral to be made under par. (a).

SB45,3150 Section 3150. 938.363 (2) of the statutes is amended to read:

SB45,1572,21 938.363 (2) Revision of support. If the court revises the amount of child support to be paid by a parent under the a dispositional order entered before July 1, 2026, for the care and maintenance of the parent’s juvenile who has been placed by a court order under this chapter in a residential, nonmedical facility, the court shall determine the liability of the parent under s. 301.12 (14).

SB45,3151 Section 3151. 938.38 (2) (f) of the statutes is amended to read:

SB45,1573,2 938.38 (2) (f) The juvenile’s care would be paid for under s. 49.19 but for s. 49.19 (20), except that this paragraph does not apply to a juvenile whose care is being paid for under s. 48.623 (1) (1r).

SB45,3152 Section 3152. 938.38 (4) (j) (intro.) of the statutes is amended to read:

SB45,1573,6 938.38 (4) (j) (intro.) If the juvenile is placed in the home of a relative or other person described in s. 48.623 (1) (1r) (b) 1. who will be receiving subsidized guardianship payments, a description of all of the following:

SB45,3153 Section 3153. 938.38 (4) (j) 3. of the statutes is amended to read:

SB45,1573,12 938.38 (4) (j) 3. The reasons why a permanent placement with a fit and willing relative or other person described in s. 48.623 (1) (1r) (b) 1. through a subsidized guardianship arrangement is in the best interests of the juvenile. In the case of an Indian juvenile, the best interests of the Indian juvenile shall be determined in accordance with s. 938.01 (3).

SB45,3154 Section 3154. 938.38 (4) (j) 4. of the statutes is amended to read:

SB45,1573,16 938.38 (4) (j) 4. The ways in which the juvenile and the relative or other person described in s. 48.623 (1) (1r) (b) 1. meet the eligibility requirements specified in s. 48.623 (1) (1r) for the receipt of subsidized guardianship payments.

SB45,3155 Section 3155. 938.38 (4) (j) 5. of the statutes is amended to read:

SB45,1573,22 938.38 (4) (j) 5. The efforts the agency has made to discuss adoption of the juvenile by the relative or other person described in s. 48.623 (1) (1r) (b) 1. as a more permanent alternative to guardianship and, if that relative or other person has chosen not to pursue adoption, documentation of the reasons for not pursuing adoption.

SB45,3156 Section 3156. 938.39 of the statutes is amended to read:

SB45,1574,4 938.39 Disposition by court bars criminal proceeding. Disposition by the court of any violation of state law within its jurisdiction under s. 938.12 bars any future criminal proceeding on the same matter in circuit court when the juvenile reaches the age of 17 becomes an adult. This section does not affect criminal proceedings in circuit court that were transferred under s. 938.18.

SB45,3157 Section 3157. 938.396 (2g) (g) of the statutes is amended to read:

SB45,1574,18 938.396 (2g) (g) Paternity Parentage of juvenile. Upon request of a court having jurisdiction over actions affecting the family, an attorney responsible for support enforcement under s. 59.53 (6) (a) or a party to a paternity proceeding under subch. IX of ch. 767, the party’s attorney or the guardian ad litem for the juvenile who is the subject of that proceeding to review or be provided with information from the records of the court assigned to exercise jurisdiction under this chapter and ch. 48 relating to the paternity parentage of a juvenile for the purpose of determining the paternity parentage of the juvenile or for the purpose of rebutting the presumption of paternity under s. 891.405, 891.407, or the presumption of parentage under s. 891.405 or 891.41, the court assigned to exercise jurisdiction under this chapter and ch. 48 shall open for inspection by the requester its records relating to the paternity parentage of the juvenile or disclose to the requester those records.

SB45,3158 Section 3158. Subchapter IX (title) of chapter 938 [precedes 938.44] of the statutes is amended to read:

SB45,1574,21 CHAPTER 938

SB45,1575,2 SUBCHAPTER IX JURISDICTION OVER PERSONS 17 OR OLDER ADULTS

SB45,3159 Section 3159. 938.44 of the statutes is amended to read:

SB45,1575,7 938.44 Jurisdiction over persons 17 or older adults. The court has jurisdiction over persons 17 years of age or older adults as provided under ss. 938.355 (4), 938.357 (6), 938.365 (5), and 938.45 and as otherwise specified in this chapter.

SB45,3160 Section 3160. 938.45 (1) (a) of the statutes is amended to read:

SB45,1575,17 938.45 (1) (a) If in the hearing of a case of a juvenile alleged to be delinquent under s. 938.12 or in need of protection or services under s. 938.13 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 juvenile, the court may make orders with respect to the conduct of that person in his or her relationship to the juvenile, including orders relating to determining the ability of the person to provide for the maintenance or care of the juvenile and directing when, how, and from where funds for the maintenance or care shall be paid.

SB45,3161 Section 3161. 938.45 (3) of the statutes is amended to read:

SB45,1575,23 938.45 (3) Prosecution of adult contributing to delinquency of juvenile. If it appears at a court hearing that any person 17 years of age or older adult has violated s. 948.40, the court shall refer the record to the district attorney. This subsection does not prohibit prosecution of violations of s. 948.40 without the prior reference by the court to the district attorney.

SB45,3162 Section 3162. 938.48 (4m) (title) of the statutes is amended to read:

SB45,1576,3 938.48 (4m) (title) Continuing care and services for juveniles over 17 who become adults.

SB45,3163 Section 3163. 938.48 (4m) (a) of the statutes is amended to read:

SB45,1576,5 938.48 (4m) (a) Is at least 17 years of age an adult.

SB45,3164 Section 3164. 938.48 (4m) (b) of the statutes is amended to read:

SB45,1576,9 938.48 (4m) (b) Was under the supervision of the department under s. 938.183, 938.34 (4h), or 938.357 (3) or (4) when the person reached 17 years of age became an adult.

SB45,3165 Section 3165. 938.48 (14) of the statutes is amended to read:

SB45,1576,18 938.48 (14) School-related expenses for juveniles over 17 who become adults. Pay maintenance, tuition, and related expenses from the appropriation under s. 20.410 (3) (ho) for persons who, when they attained 17 years of age became adults, were students regularly attending a school, college, or university or regularly attending a course of vocational or technical training designed to prepare them for gainful employment, and who upon attaining that age becoming adults were under the supervision of the department under s. 938.183, 938.34 (4h), or 938.357 (3) or (4) as a result of a judicial decision.

SB45,3166 Section 3166. 938.57 (3) (title) of the statutes is amended to read:

SB45,1576,21 938.57 (3) (title) Continuing maintenance for juveniles over 17 who become adults.

SB45,3167 Section 3167. 938.57 (3) (a) (intro.) of the statutes is amended to read:

SB45,1577,2 938.57 (3) (a) (intro.) From the reimbursement received under s. 48.569 (1) (d), counties may provide funding for the maintenance of any juvenile person who meets all of the following qualifications:

SB45,3168 Section 3168. 938.57 (3) (a) 1. of the statutes is amended to read:

SB45,1577,4 938.57 (3) (a) 1. Is 17 years of age or older an adult.

SB45,3169 Section 3169. 938.57 (3) (a) 3. of the statutes is amended to read:

SB45,1577,7 938.57 (3) (a) 3. Received funding under s. 48.569 (1) (d) immediately prior to his or her 17th birthday becoming an adult.

SB45,3170 Section 3170. 938.57 (3) (b) of the statutes is amended to read:

SB45,1577,11 938.57 (3) (b) The funding provided for the maintenance of a juvenile person under par. (a) shall be in an amount equal to that which the juvenile person would receive under s. 48.569 (1) (d) if the person were a juvenile were 16 years of age.

SB45,3171 Section 3171. 939.22 (22) of the statutes is amended to read:

SB45,1577,17 939.22 (22) “Peace officer” means any person vested by law with a duty to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes. “Peace officer” includes a commission warden, a marshal of the supreme court under s. 758.195, and a university police officer, as defined in s. 175.42 (1) (b).

SB45,3172 Section 3172. 939.6195 (1) (a) 1. of the statutes is amended to read:

SB45,1577,19 939.6195 (1) (a) 1. A violation of s. 941.29 or, 941.2905, or 941.293.

SB45,3173 Section 3173. 941.285 of the statutes is created to read:

SB45,1578,3 941.285 Possession of firearm accessories that accelerate the rate of fire. (1) No person may import, sell or offer to sell, purchase, manufacture, transfer, use, or possess a trigger crank, a bump-fire device, or any part, combination of parts, component, device, attachment, or accessory that is added after manufacture that is designed to accelerate or functions to accelerate the rate of fire of a semiautomatic firearm.

SB45,1578,4 (2) Any person violating sub. (1) is guilty of a Class G felony.

SB45,1578,7 (3) Subsection (1) does not apply to importation, sale, purchase, manufacture, transfer, use, or possession by or under the authority of the federal government or a state or local government.

SB45,3174 Section 3174. 941.29 (1g) (a) of the statutes is amended to read:

SB45,1578,17 941.29 (1g) (a) “Violent felony” means any felony under s. 943.23 (1m), 1999 stats., s. 943.23 (1r), 1999 stats., or s. 943.23 (1g), 2021 stats., this section sub. (1m), or s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.198, 940.20, 940.201, 940.203, 940.204, 940.21, 940.225, 940.23, 940.235, 940.285 (2), 940.29, 940.295 (3), 940.30, 940.302, 940.305, 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20, 941.26, 941.28, 941.285, 941.2905, 941.292, 941.293, 941.30, 941.327 (2) (b) 3. or 4., 943.02, 943.04, 943.06, 943.10 (2), 943.231 (1), 943.32, 943.87, 946.43, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 948.07, 948.08, 948.085, or 948.30.

SB45,3175 Section 3175. 941.29 (1m) (dm), (dn) and (do) of the statutes are created to read:

SB45,1578,21 941.29 (1m) (dm) The person has been convicted of a misdemeanor under s. 175.33 (2), unless at least 2 years have passed since the conviction.

SB45,1578,23 (dn) The person has been adjudicated delinquent for a violation under s. 175.33 (2), unless at least 2 years have passed since the adjudication.