This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB68-ASA2-AA7,35,4
1950.04 (1v) (vg) To have the department of corrections make a reasonable
2attempt to notify the victim, pursuant to s. 302.107, of a revocation of parole or of
3release to extended supervision under s. 302.11 (7), 302.113 (9), 302.114 (9), or 304.06
4(3) or (3g).”.
AB68-ASA2-AA7,35,5 533. Page 355, line 11: after that line insert:
AB68-ASA2-AA7,35,6 6 Section 416zbm. 939.616 (1g) of the statutes is amended to read:
AB68-ASA2-AA7,35,117 939.616 (1g) If a person is convicted of a violation of s. 948.02 (1) (am) or
8948.025 (1) (a), notwithstanding s. 973.014 (1g) (a) 1. and 2. and except as provided
9under s. 973.018
, the court may not make an extended supervision eligibility date
10determination on a date that will occur before the person has served a 25-year term
11of confinement in prison.
AB68-ASA2-AA7,416zbs 12Section 416zbs. 939.62 (2m) (b) (intro.) of the statutes is amended to read:
AB68-ASA2-AA7,35,1513 939.62 (2m) (b) (intro.) The actor is a persistent repeater if the offense for which
14he or she is presently being sentenced was committed after he or she attained the age
15of 18 and
one of the following applies:
AB68-ASA2-AA7,416zL 16Section 416zL. 950.04 (1v) (m) of the statutes is amended to read:
AB68-ASA2-AA7,35,1917 950.04 (1v) (m) To provide statements concerning sentencing, disposition, or
18parole, as provided under ss. 304.06 (1) (e), 938.32 (1) (b) 1g., 938.335 (3m) (ag), and
19972.14 (3) (a), and 973.018 (4) (d).”.
AB68-ASA2-AA7,35,20 2034. Page 355, line 11: after that line insert:
AB68-ASA2-AA7,35,21 21 Section 416b. 938.02 (1) of the statutes is amended to read:
AB68-ASA2-AA7,36,222 938.02 (1) “Adult" means a person who is 18 years of age or older, except that
23for purposes of investigating or prosecuting a person who is alleged to have violated

1any state or federal criminal law or any civil law or municipal ordinance, “adult"

2means a person who has attained 17 years of age.
AB68-ASA2-AA7,416bm 3Section 416bm. 938.02 (10m) of the statutes is amended to read:
AB68-ASA2-AA7,36,84 938.02 (10m) “Juvenile," when used without further qualification, means a
5person who is less than 18 years of age, except that for purposes of investigating or
6prosecuting a person who is alleged to have violated a state or federal criminal law
7or any civil law or municipal ordinance, “juvenile" does not include a person who has
8attained 17 years of age
.
AB68-ASA2-AA7,416c 9Section 416c. 938.12 (2) of the statutes is amended to read:
AB68-ASA2-AA7,36,1410 938.12 (2) Seventeen-year-olds Juveniles who become adults. If a petition
11alleging that a juvenile is delinquent is filed before the juvenile is 17 years of age
12becomes an adult, but the juvenile becomes 17 years of age an adult before admitting
13the facts of the petition at the plea hearing or, if the juvenile denies the facts, before
14an adjudication, the court retains jurisdiction over the case.
AB68-ASA2-AA7,416d 15Section 416d. 938.18 (2) of the statutes is amended to read:
AB68-ASA2-AA7,36,2416 938.18 (2) Petition. The petition for waiver of jurisdiction may be filed by the
17district attorney or the juvenile or may be initiated by the court and shall contain a
18brief statement of the facts supporting the request for waiver. The petition for waiver
19of jurisdiction shall be accompanied by or filed after the filing of a petition alleging
20delinquency and shall be filed prior to the plea hearing, except that if the juvenile
21denies the facts of the petition and becomes 17 years of age an adult before an
22adjudication, the petition for waiver of jurisdiction may be filed at any time prior to
23the adjudication. If the court initiates the petition for waiver of jurisdiction, the
24judge shall disqualify himself or herself from any future proceedings on the case.
AB68-ASA2-AA7,416e 25Section 416e. 938.183 (3) of the statutes is amended to read:
AB68-ASA2-AA7,37,8
1938.183 (3) Placement in state prison; parole. When Subject to s. 973.013
2(3m), when
a juvenile who is subject to a criminal penalty under sub. (1m) or s.
3938.183 (2), 2003 stats., attains the age of 17 years becomes an adult, the department
4of corrections may place the juvenile in a state prison named in s. 302.01, except that
5that department may not place any person under the age of 18 years in the
6correctional institution authorized in s. 301.16 (1n). A juvenile who is subject to a
7criminal penalty under sub. (1m) or under s. 938.183 (2), 2003 stats., for an act
8committed before December 31, 1999, is eligible for parole under s. 304.06.
AB68-ASA2-AA7,416f 9Section 416f. 938.255 (1) (intro.) of the statutes is amended to read:
AB68-ASA2-AA7,37,1610 938.255 (1) Title and contents. (intro.) A petition initiating proceedings
11under this chapter, other than a petition initiating proceedings under s. 938.12,
12938.125, or 938.13 (12), shall be entitled, “In the interest of (juvenile's name), a
13person under the age of 18".." A petition initiating proceedings under s. 938.12,
14938.125, or 938.13 (12) shall be entitled, “In the interest of (juvenile's name), a person
15under the age of 17".
juvenile." A petition initiating proceedings under this chapter
16shall specify all of the following:
AB68-ASA2-AA7,416g 17Section 416g. 938.34 (8) of the statutes is amended to read:
AB68-ASA2-AA7,38,1518 938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that
19this disposition is in the best interest of the juvenile and the juvenile's rehabilitation.
20The maximum forfeiture that the court may impose under this subsection for a
21violation by a juvenile is the maximum amount of the fine that may be imposed on
22an adult for committing that violation or, if the violation is applicable only to a person
23under 18 years of age
juveniles, $100. The order shall include a finding that the
24juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months
25for payment. If the juvenile fails to pay the forfeiture, the court may vacate the

1forfeiture and order other alternatives under this section; or the court may suspend
2any license issued under ch. 29 for not less than 30 days nor more than 5 years, or
3suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more
4than 2 years. If the court suspends any license under this subsection, the clerk of the
5court shall immediately take possession of the suspended license if issued under ch.
629 or, if the license is issued under ch. 343, the court may take possession of, and if
7possession is taken, shall destroy, the license. The court shall forward to the
8department which that issued the license a notice of suspension stating that the
9suspension is for failure to pay a forfeiture imposed by the court, together with any
10license issued under ch. 29 of which the court takes possession. If the forfeiture is
11paid during the period of suspension, the suspension shall be reduced to the time
12period which that has already elapsed and the court shall immediately notify the
13department, which shall then, if the license is issued under ch. 29, return the license
14to the juvenile. Any recovery under this subsection shall be reduced by the amount
15recovered as a forfeiture for the same act under s. 938.45 (1r) (b).
AB68-ASA2-AA7,416h 16Section 416h. 938.343 (2) of the statutes is amended to read:
AB68-ASA2-AA7,39,817 938.343 (2) Forfeiture. Impose a forfeiture not to exceed the maximum
18forfeiture that may be imposed on an adult for committing that violation or, if the
19violation is only applicable to a person under 18 years of age juveniles, $50. The
20order shall include a finding that the juvenile alone is financially able to pay and
21shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture,
22the court may suspend any license issued under ch. 29 or suspend the juvenile's
23operating privilege, as defined in s. 340.01 (40), for not more than 2 years. The court
24shall immediately take possession of the suspended license if issued under ch. 29 or,
25if the license is issued under ch. 343, the court may take possession of, and if

1possession is taken, shall destroy, the license. The court shall forward to the
2department which that issued the license the notice of suspension stating that the
3suspension is for failure to pay a forfeiture imposed by the court, together with any
4license issued under ch. 29 of which the court takes possession. If the forfeiture is
5paid during the period of suspension, the court shall immediately notify the
6department, which shall, if the license is issued under ch. 29, return the license to
7the person. Any recovery under this subsection shall be reduced by the amount
8recovered as a forfeiture for the same act under s. 938.45 (1r) (b).
AB68-ASA2-AA7,416i 9Section 416i. 938.344 (3) of the statutes is amended to read:
AB68-ASA2-AA7,39,1710 938.344 (3) Prosecution in adult court. If the juvenile alleged to have
11committed the violation is within 3 months of his or her 17th birthday becoming an
12adult
, the court assigned to exercise jurisdiction under this chapter and ch. 48 may,
13at the request of the district attorney or on its own motion, dismiss the citation
14without prejudice and refer the matter to the district attorney for prosecution under
15s. 125.07 (4). The juvenile is entitled to a hearing only on the issue of his or her age.
16This subsection does not apply to violations under s. 961.573 (2), 961.574 (2), or
17961.575 (2) or a local ordinance that strictly conforms to one of those statutes.
AB68-ASA2-AA7,416j 18Section 416j. 938.35 (1m) of the statutes is amended to read:
AB68-ASA2-AA7,39,2419 938.35 (1m) Future criminal proceedings barred. Disposition by the court
20assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation
21under s. 938.12 or 938.13 (12) shall bar any future proceeding on the same matter
22in criminal court when the juvenile attains 17 years of age becomes an adult. This
23subsection does not affect proceedings in criminal court that have been transferred
24under s. 938.18.
AB68-ASA2-AA7,416k 25Section 416k. 938.355 (4) (b) of the statutes is amended to read:
AB68-ASA2-AA7,40,21
1938.355 (4) (b) Except as provided in s. 938.368, an order under s. 938.34 (4d)
2or (4m) made before the juvenile attains 18 years of age may apply for up to 2 years
3after the date on which the order is granted or until the juvenile's 18th 19th birthday,
4whichever is earlier, unless the court specifies a shorter period of time or the court
5terminates the order sooner. If the order does not specify a termination date, it shall
6apply for one year after the date on which the order is granted or until the juvenile's
718th 19th birthday, whichever is earlier, unless the court terminates the order
8sooner. Except as provided in s. 938.368, an order under s. 938.34 (4h) made before
9the juvenile attains 18 years of age shall apply for 5 years after the date on which the
10order is granted, if the juvenile is adjudicated delinquent for committing a violation
11of s. 943.10 (2) or for committing an act that would be punishable as a Class B or C
12felony if committed by an adult, or until the juvenile reaches 25 years of age, if the
13juvenile is adjudicated delinquent for committing an act that would be punishable
14as a Class A felony if committed by an adult. Except as provided in s. 938.368, an
15extension of an order under s. 938.34 (4d), (4h), (4m), or (4n) made before the juvenile
16attains 17 years of age becomes an adult shall terminate at the end of one year after
17the date on which the order is granted unless the court specifies a shorter period of
18time or the court terminates the order sooner. No extension under s. 938.365 of an
19original dispositional order under s. 938.34 (4d), (4h), (4m), or (4n) may be granted
20for a juvenile who is 17 years of age or older when becomes an adult by the time the
21original dispositional order terminates.
AB68-ASA2-AA7,416L 22Section 416L. 938.355 (4m) (a) of the statutes is amended to read:
AB68-ASA2-AA7,41,323 938.355 (4m) (a) A juvenile who has been adjudged delinquent under s. 48.12,
241993 stats., or s. 938.12 may, on attaining 17 years of age becoming an adult, petition
25the court to expunge the court's record of the juvenile's adjudication. Subject to par.

1(b), the court may expunge the record if the court determines that the juvenile has
2satisfactorily complied with the conditions of his or her dispositional order and that
3the juvenile will benefit from, and society will not be harmed by, the expungement.
AB68-ASA2-AA7,416m 4Section 416m. 938.39 of the statutes is amended to read:
AB68-ASA2-AA7,41,9 5938.39 Disposition by court bars criminal proceeding. Disposition by the
6court of any violation of state law within its jurisdiction under s. 938.12 bars any
7future criminal proceeding on the same matter in circuit court when the juvenile
8reaches the age of 17 becomes an adult. This section does not affect criminal
9proceedings in circuit court that were transferred under s. 938.18.
AB68-ASA2-AA7,416n 10Section 416n. Subchapter IX (title) of chapter 938 [precedes 938.44] of the
11statutes is amended to read:
AB68-ASA2-AA7,41,1212 CHAPTER 938
AB68-ASA2-AA7,41,1513 SUBCHAPTER IX
14 JURISDICTION OVER PERSONS 17
15 OR OLDER
adults
AB68-ASA2-AA7,416o 16Section 416o. 938.44 of the statutes is amended to read:
AB68-ASA2-AA7,41,19 17938.44 Jurisdiction over persons 17 or older adults. The court has
18jurisdiction over persons 17 years of age or older adults as provided under ss. 938.355
19(4), 938.357 (6), 938.365 (5), and 938.45 and as otherwise specified in this chapter.
AB68-ASA2-AA7,416p 20Section 416p. 938.45 (1) (a) of the statutes is amended to read:
AB68-ASA2-AA7,42,321 938.45 (1) (a) If in the hearing of a case of a juvenile alleged to be delinquent
22under s. 938.12 or in need of protection or services under s. 938.13 it appears that any
23person 17 years of age or older adult has been guilty of contributing to, encouraging,
24or tending to cause by any act or omission, such that condition of the juvenile, the
25court may make orders with respect to the conduct of that person in his or her

1relationship to the juvenile, including orders relating to determining the ability of
2the person to provide for the maintenance or care of the juvenile and directing when,
3how, and from where funds for the maintenance or care shall be paid.
AB68-ASA2-AA7,416q 4Section 416q. 938.45 (3) of the statutes is amended to read:
AB68-ASA2-AA7,42,95 938.45 (3) Prosecution of adult contributing to delinquency of juvenile.
6If it appears at a court hearing that any person 17 years of age or older adult has
7violated s. 948.40, the court shall refer the record to the district attorney. This
8subsection does not prohibit prosecution of violations of s. 948.40 without the prior
9reference by the court to the district attorney.
AB68-ASA2-AA7,416r 10Section 416r. 938.48 (4m) (title) of the statutes is amended to read:
AB68-ASA2-AA7,42,1211 938.48 (4m) (title) Continuing care and services for juveniles over 17 who
12become adults
.
AB68-ASA2-AA7,416s 13Section 416s. 938.48 (4m) (a) of the statutes is amended to read:
AB68-ASA2-AA7,42,1414 938.48 (4m) (a) Is at least 17 years of age an adult.
AB68-ASA2-AA7,416t 15Section 416t. 938.48 (4m) (b) of the statutes is amended to read:
AB68-ASA2-AA7,42,1816 938.48 (4m) (b) Was under the supervision of the department under s. 938.183,
17938.34 (4h), (4m) or (4n) or 938.357 (3) or (4)
a court order under this chapter when
18the person reached 17 years of age became an adult.
AB68-ASA2-AA7,416u 19Section 416u. 938.48 (4m) (b) of the statutes, as affected by 2017 Wisconsin
20Act 185
, section 82, and 2021 Wisconsin Act .... (this act), is repealed and recreated
21to read:
AB68-ASA2-AA7,42,2322 938.48 (4m) (b) Was under the supervision of the department under a court
23order under this chapter when the person became an adult.
AB68-ASA2-AA7,416v 24Section 416v. 938.48 (14) of the statutes is amended to read:
AB68-ASA2-AA7,43,8
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), (4m), or (4n), or
8938.357 (3) or (4)
this chapter as a result of a judicial decision.
AB68-ASA2-AA7,416w 9Section 416w. 938.48 (14) of the statutes, as affected by 2019 Wisconsin Act
108
and 2021 Wisconsin Act .... (this act), is repealed and recreated to read:
AB68-ASA2-AA7,43,1711 938.48 (14) School-related expenses for juveniles who become adults. Pay
12maintenance, tuition, and related expenses from the appropriation under s. 20.410
13(3) (ho) for persons who, when they became adults, were students regularly attending
14a school, college, or university or regularly attending a course of vocational or
15technical training designed to prepare them for gainful employment, and who upon
16becoming adults were under the supervision of the department under this chapter
17as a result of a judicial decision.
AB68-ASA2-AA7,416x 18Section 416x. 938.57 (3) (title) of the statutes is amended to read:
AB68-ASA2-AA7,43,2019 938.57 (3) (title) Continuing maintenance for juveniles over 17 who become
20adults
.
AB68-ASA2-AA7,416y 21Section 416y. 938.57 (3) (a) (intro.) of the statutes is amended to read:
AB68-ASA2-AA7,43,2422 938.57 (3) (a) (intro.) From the reimbursement received under s. 48.569 (1) (d),
23counties may provide funding for the maintenance of any juvenile person who meets
24all of the following qualifications:
AB68-ASA2-AA7,416z 25Section 416z. 938.57 (3) (a) 1. of the statutes is amended to read:
AB68-ASA2-AA7,44,1
1938.57 (3) (a) 1. Is 17 years of age or older an adult.
AB68-ASA2-AA7,416za 2Section 416za. 938.57 (3) (a) 3. of the statutes is amended to read:
AB68-ASA2-AA7,44,43 938.57 (3) (a) 3. Received funding under s. 48.569 (1) (d) immediately prior to
4his or her 17th birthday becoming an adult.
AB68-ASA2-AA7,416zb 5Section 416zb. 938.57 (3) (b) of the statutes is amended to read:
AB68-ASA2-AA7,44,86 938.57 (3) (b) The funding provided for the maintenance of a juvenile person
7under par. (a) shall be in an amount equal to that which the juvenile person would
8receive under s. 48.569 (1) (d) if the person were a juvenile were 16 years of age.
AB68-ASA2-AA7,416zc 9Section 416zc. 939.632 (1) (e) 1. of the statutes is amended to read:
AB68-ASA2-AA7,44,1510 939.632 (1) (e) 1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09
11(1c), 940.19 (2), (4) or (5), 940.21, 940.225 (1), (2) or (3), 940.235, 940.305, 940.31,
12940.32, 941.20, 941.21, 943.02, 943.06, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1)
13or (2), 948.025, 948.03 (2) (a) or (c) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055,
14948.07, 948.08, 948.085, or 948.30 (2) or under s. 940.302 (2) if s. 940.302 (2) (a) 1.
15b. applies.
AB68-ASA2-AA7,416zd 16Section 416zd. 939.632 (1) (e) 3. of the statutes is amended to read:
AB68-ASA2-AA7,44,1817 939.632 (1) (e) 3. Any misdemeanor under s. 940.19 (1), 940.225 (3m), 940.32
18(2),
940.42, 940.44, 941.20 (1), 941.23, 941.231, 941.235, or 941.38 (3).
AB68-ASA2-AA7,416ze 19Section 416ze. 946.50 (intro.) of the statutes is amended to read:
AB68-ASA2-AA7,44,24 20946.50 Absconding. (intro.) Any person who is adjudicated delinquent, but
21who intentionally fails to appear before the court assigned to exercise jurisdiction
22under chs. 48 and 938 for his or her dispositional hearing under s. 938.335, and who
23does not return to that court for a dispositional hearing before attaining the age of
2417 years
becoming an adult is guilty of the following:
AB68-ASA2-AA7,416zf 25Section 416zf. 948.01 (1) of the statutes is amended to read:
AB68-ASA2-AA7,45,4
1948.01 (1) “Child" means a person who has not attained the age of 18 years,
2except that for purposes of prosecuting a person who is alleged to have violated a
3state or federal criminal law, “child" does not include a person who has attained the
4age of 17 years
.
AB68-ASA2-AA7,416zg 5Section 416zg. 948.11 (2) (am) (intro.) of the statutes is amended to read:
AB68-ASA2-AA7,45,106 948.11 (2) (am) (intro.) Any person who has attained the age of 17 and adult
7who, with knowledge of the character and content of the description or narrative
8account, verbally communicates, by any means, a harmful description or narrative
9account to a child, with or without monetary consideration, is guilty of a Class I
10felony if any of the following applies:
AB68-ASA2-AA7,416zh 11Section 416zh. 948.45 (1) of the statutes is amended to read:
AB68-ASA2-AA7,45,1512 948.45 (1) Except as provided in sub. (2), any person 17 years of age or older
13adult who, by any act or omission, knowingly encourages or contributes to the
14truancy, as defined under s. 118.16 (1) (c), of a person 17 years of age or under child
15is guilty of a Class C misdemeanor.
AB68-ASA2-AA7,416zi 16Section 416zi. 948.60 (2) (d) of the statutes is amended to read:
AB68-ASA2-AA7,45,2017 948.60 (2) (d) A person under 17 years of age child who has violated this
18subsection is subject to the provisions of ch. 938 unless jurisdiction is waived under
19s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction
20under s. 938.183.
AB68-ASA2-AA7,416zj 21Section 416zj. 948.61 (4) of the statutes is amended to read:
AB68-ASA2-AA7,45,2522 948.61 (4) A person under 17 years of age child who has violated this section
23is subject to the provisions of ch. 938, unless jurisdiction is waived under s. 938.18
24or the person is subject to the jurisdiction of a court of criminal jurisdiction under s.
25938.183.”.
AB68-ASA2-AA7,46,1
135. Page 355, line 20: after that line insert:
AB68-ASA2-AA7,46,2 2 Section 417c. 973.01 (2) (d) 3. of the statutes is repealed.
AB68-ASA2-AA7,417d 3Section 417d. 973.01 (2) (d) 4. of the statutes is amended to read:
AB68-ASA2-AA7,46,54 973.01 (2) (d) 4. For a Class D, E, F, or G felony, the term of extended
5supervision may not exceed 5 years.
AB68-ASA2-AA7,417e 6Section 417e. 973.01 (3g) of the statutes is repealed.
AB68-ASA2-AA7,417f 7Section 417f. 973.01 (5m) of the statutes is created to read:
AB68-ASA2-AA7,46,118 973.01 (5m) Early discharge from extended supervision. (a) In this
9subsection, “qualifying offense” means a crime other than a violation of ch. 940 or s.
10948.02, 948.025, 948.03, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08,
11948.085, or 948.095.
Loading...
Loading...