Amendment AA10-SB70

SB70-AA10,38 Section 38. 938.39 of the statutes is amended to read:

SB70-AA10,51,15 938.39 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.

SB70-AA10,39 Section 39. Subchapter IX (title) of chapter 938 [precedes 938.44] of the statutes is amended to read:

SB70-AA10,51,18 CHAPTER 938

SB70-AA10,51,21 SUBCHAPTER IX JURISDICTION OVER PERSONS 17 OR OLDER adults

SB70-AA10,40 Section 40. 938.44 of the statutes is amended to read:

SB70-AA10,51,25 938.44 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.

SB70-AA10,41 Section 41. 938.45 (1) (a) of the statutes is amended to read:

SB70-AA10,52,9 938.45 (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.

SB70-AA10,42 Section 42. 938.45 (3) of the statutes is amended to read:

SB70-AA10,52,15 938.45 (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.

SB70-AA10,43 Section 43. 938.48 (4m) (title) of the statutes is amended to read:

SB70-AA10,52,18 938.48 (4m) (title) Continuing care and services for juveniles over 17 who become adults.

SB70-AA10,44 Section 44. 938.48 (4m) (a) of the statutes is amended to read:

SB70-AA10,52,20 938.48 (4m) (a) Is at least 17 years of age an adult.

SB70-AA10,45 Section 45 . 938.48 (4m) (b) of the statutes is amended to read:

SB70-AA10,52,24 938.48 (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.

SB70-AA10,46 Section 46 . 938.48 (14) of the statutes is amended to read:

SB70-AA10,53,8 938.48 (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.

SB70-AA10,47 Section 47. 938.57 (3) (title) of the statutes is amended to read:

SB70-AA10,53,11 938.57 (3) (title) Continuing maintenance for juveniles over 17 who become adults.

SB70-AA10,48 Section 48. 938.57 (3) (a) (intro.) of the statutes is amended to read:

SB70-AA10,53,15 938.57 (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:

SB70-AA10,49 Section 49. 938.57 (3) (a) 1. of the statutes is amended to read:

SB70-AA10,53,17 938.57 (3) (a) 1. Is 17 years of age or older an adult.

SB70-AA10,50 Section 50. 938.57 (3) (a) 3. of the statutes is amended to read:

SB70-AA10,53,20 938.57 (3) (a) 3. Received funding under s. 48.569 (1) (d) immediately prior to his or her 17th birthday becoming an adult.

SB70-AA10,51 Section 51. 938.57 (3) (b) of the statutes is amended to read:

SB70-AA10,53,24 938.57 (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.

SB70-AA10,52 Section 52. 946.50 (intro.) of the statutes is amended to read:

SB70-AA10,54,5 946.50 Absconding. (intro.) Any person who is adjudicated delinquent, but who intentionally fails to appear before the court assigned to exercise jurisdiction under chs. 48 and 938 for his or her dispositional hearing under s. 938.335, and who does not return to that court for a dispositional hearing before attaining the age of 17 years becoming an adult is guilty of the following:

SB70-AA10,53 Section 53. 948.01 (1) of the statutes is amended to read:

SB70-AA10,54,10 948.01 (1) “Child" means a person who has not attained the age of 18 years, except that for purposes of prosecuting a person who is alleged to have violated a state or federal criminal law, “child" does not include a person who has attained the age of 17 years.

SB70-AA10,54 Section 54. 948.11 (2) (am) (intro.) of the statutes is amended to read:

SB70-AA10,54,16 948.11 (2) (am) (intro.) Any person who has attained the age of 17 and adult who, with knowledge of the character and content of the description or narrative account, verbally communicates, by any means, a harmful description or narrative account to a child, with or without monetary consideration, is guilty of a Class I felony if any of the following applies:

SB70-AA10,55 Section 55. 948.45 (1) of the statutes is amended to read:

SB70-AA10,54,21 948.45 (1) Except as provided in sub. (2), any person 17 years of age or older adult who, by any act or omission, knowingly encourages or contributes to the truancy, as defined under s. 118.16 (1) (c), of a person 17 years of age or under child is guilty of a Class C misdemeanor.

SB70-AA10,56 Section 56. 948.60 (2) (d) of the statutes is amended to read:

SB70-AA10,55,2 948.60 (2) (d) A person under 17 years of age child who has violated this subsection is subject to the provisions of ch. 938 unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.

SB70-AA10,57 Section 57. 948.61 (4) of the statutes is amended to read:

SB70-AA10,55,7 948.61 (4) A person under 17 years of age child who has violated this section is subject to the provisions of ch. 938, unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.

SB70-AA10,58 Section 58. 961.455 (title) of the statutes is amended to read:

SB70-AA10,55,10 961.455 (title) Using a child minor for illegal drug distribution or manufacturing purposes.

SB70-AA10,59 Section 59. 961.455 (1) of the statutes is amended to read:

SB70-AA10,55,14 961.455 (1) Any person who has attained the age of 17 years adult who knowingly solicits, hires, directs, employs, or uses a person who is under the age of 17 years minor for the purpose of violating s. 961.41 (1) is guilty of a Class F felony.

SB70-AA10,60 Section 60. 961.455 (2) of the statutes is amended to read:

SB70-AA10,55,20 961.455 (2) The knowledge requirement under sub. (1) does not require proof of knowledge of the age of the child minor. It is not a defense to a prosecution under this section that the actor mistakenly believed that the person solicited, hired, directed, employed, or used under sub. (1) had attained the age of 18 years, even if the mistaken belief was reasonable.

SB70-AA10,61 Section 61 . 961.46 of the statutes is amended to read:

SB70-AA10,56,2 961.46 Distribution to persons under age 18 minors. If a person 17 years of age or over an adult violates s. 961.41 (1) by distributing or delivering a controlled substance or a controlled substance analog to a person 17 years of age or under minor who is at least 3 years his or her junior, the applicable maximum term of imprisonment prescribed under s. 961.41 (1) for the offense may be increased by not more than 5 years.

SB70-AA10,62 Section 62. 961.573 (2) of the statutes is amended to read:

SB70-AA10,56,5 961.573 (2) Any person minor who violates sub. (1) who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

SB70-AA10,63 Section 63. 961.574 (2) of the statutes is amended to read:

SB70-AA10,56,8 961.574 (2) Any person minor who violates sub. (1) who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

SB70-AA10,64 Section 64. 961.575 (1) of the statutes is amended to read:

SB70-AA10,56,13 961.575 (1) Any person 17 years of age or over adult who violates s. 961.574 (1) by delivering drug paraphernalia to a person 17 years of age or under minor who is at least 3 years younger than the violator may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB70-AA10,65 Section 65. 961.575 (2) of the statutes is amended to read:

SB70-AA10,56,16 961.575 (2) Any person minor who violates this section who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

SB70-AA10,66 Section 66. 961.575 (3) of the statutes is amended to read:

SB70-AA10,56,20 961.575 (3) Any person 17 years of age or over adult who violates s. 961.574 (3) by delivering drug paraphernalia to a person 17 years of age or under minor is guilty of a Class G felony.

SB70-AA10,67 Section 67. 990.01 (3) of the statutes is amended to read:

SB70-AA10,56,25 990.01 (3) Adult. “Adult" means a person who has attained the age of 18 years, 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 the age of 17 years.

SB70-AA10,68 Section 68. 990.01 (20) of the statutes is amended to read:

SB70-AA10,57,5 990.01 (20) Minor. “Minor" means a person who has not attained the age of 18 years, 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, “minor" does not include a person who has attained the age of 17 years.

SB70-AA10,9308 Section 9308. Initial applicability; Corrections.

SB70-AA10,57,17 (1) Age of adult jurisdiction. The treatment of ss. 48.02 (1d) and (2), 48.44, 48.45 (1) (a) and (am) and (3), 118.163 (4), 125.07 (4) (d) and (e) 1., 125.085 (3) (bt), 165.83 (1) (c) 1. and 2., 301.12 (2m) and (14) (a), 302.31 (7), 938.02 (1) and (10m), 938.12 (2), 938.18 (2), 938.183 (3), 938.255 (1) (intro.), 938.34 (8), 938.343 (2), 938.344 (3), 938.35 (1m), 938.355 (4) (b) and (4m) (a), 938.39, 938.44, 938.45 (1) (a) and (3), 938.48 (4m) (title), (a), and (b) and (14), 938.57 (3) (title), (a) (intro.), 1., and 3., and (b), 946.50 (intro.), 948.01 (1), 948.11 (2) (am) (intro.), 948.45 (1), 948.60 (2) (d), 948.61 (4), 961.455 (title), (1), and (2), 961.46, 961.573 (2), 961.574 (2), 961.575 (1), (2), and (3), and 990.01 (3) and (20), subch. IX (title) of ch. 48, and subch. IX (title) of ch. 938 first applies to a violation of a criminal law, civil law, or municipal ordinance allegedly committed on the effective date of this subsection.

SB70-AA10,9408 Section 9408. Effective dates; Corrections.

SB70-AA10,58,3 (1) Age of adult jurisdiction. The treatment of ss. 48.02 (1d) and (2), 48.44, 48.45 (1) (a) and (am) and (3), 118.163 (4), 125.07 (4) (d) and (e) 1., 125.085 (3) (bt), 165.83 (1) (c) 1. and 2., 301.12 (2m) and (14) (a), 302.31 (7), 938.02 (1) and (10m), 938.12 (2), 938.18 (2), 938.183 (3), 938.255 (1) (intro.), 938.34 (8), 938.343 (2), 938.344 (3), 938.35 (1m), 938.355 (4) (b) and (4m) (a), 938.39, 938.44, 938.45 (1) (a) and (3), 938.48 (4m) (title), (a), and (b) and (14), 938.57 (3) (title), (a) (intro.), 1., and 3., and (b), 946.50 (intro.), 948.01 (1), 948.11 (2) (am) (intro.), 948.45 (1), 948.60 (2) (d), 948.61 (4), 961.455 (title), (1), and (2), 961.46, 961.573 (2), 961.574 (2), 961.575 (1), (2), and (3), and 990.01 (3) and (20), subch. IX (title) of ch. 48, and subch. IX (title) of ch. 938 and Section 9308 (1) of this act take effect on January 1, 2024.”.

SB70-AA10,58,4 218. Page 374, line 11: after that line insert:

SB70-AA10,58,5 “ Section 69. 20.625 (1) (h) of the statutes is repealed.

SB70-AA10,70 Section 70. 973.25 (4) (a) of the statutes is amended to read:

SB70-AA10,58,12 973.25 (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-AA10,9207 Section 9207. Fiscal changes; Circuit Courts.

SB70-AA10,58,17 (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-AA10,9307 Section 9307. Initial applicability; Circuit Courts.

SB70-AA10,58,21 (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-AA10,58,22 219. Page 374, line 11: after that line insert:

SB70-AA10,58,23 “ Section 71. 20.625 (1) (cg) of the statutes is amended to read:

SB70-AA10,59,3 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-AA10,72 Section 72. 20.625 (1) (d) of the statutes is created to read:

SB70-AA10,59,7 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-AA10,73 Section 73. 758.19 (5) (j) of the statutes is created to read:

SB70-AA10,59,12 758.19 (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-AA10,59,13 220. Page 374, line 11: after that line insert:

SB70-AA10,59,14 “ Section 74. 134.66 (title) of the statutes is amended to read:

SB70-AA10,59,16 134.66 (title) Restrictions on sale or gift of cigarettes or nicotine, vapor, or tobacco products.

SB70-AA10,75 Section 75. 134.66 (1) (jm) of the statutes is created to read:

SB70-AA10,59,18 134.66 (1) (jm) “Vapor product" has the meaning given in s. 139.75 (14).

SB70-AA10,76 Section 76. 134.66 (2) (a), (am), (b) and (cm) 1m. of the statutes are amended to read:

SB70-AA10,60,6 134.66 (2) (a) No retailer, direct marketer, manufacturer, distributor, jobber or subjobber, no agent, employee or independent contractor of a retailer, direct marketer, manufacturer, distributor, jobber or subjobber and no agent or employee of an independent contractor may sell or provide for nominal or no consideration cigarettes, nicotine products, or tobacco products, or vapor products to any person under the age of 18 21, except as provided in s. 254.92 (2) (a). A vending machine operator is not liable under this paragraph for the purchase of cigarettes, nicotine products, or tobacco products, or vapor products from his or her vending machine by a person under the age of 18 21 if the vending machine operator was unaware of the purchase.