AB50-ASA2-AA15,65,6640.02 (48) (am) 24. A marshal of the supreme court. AB50-ASA2-AA15,65,11840.02 (48) (b) 6. A “marshal of the supreme court” is an individual employed 9by the office of the marshals of the supreme court under s. 758.195 and whose 10principal duties are detecting and preventing crime and enforcing laws or 11ordinances of this state. AB50-ASA2-AA15,66,21340.02 (48) (c) In s. 40.65, “protective occupation participant” means a 14participating employee who is a police officer, fire fighter, an individual determined 15by a participating employer under par. (a) or (bm) to be a protective occupation 16participant, county undersheriff, deputy sheriff, county jailer who is certified as a 17protective occupation participant, state probation and parole officer, county traffic 18police officer, conservation warden, state forest ranger, field conservation employee 19of the department of natural resources who is subject to call for forest fire control or 20warden duty, member of the state traffic patrol, state motor vehicle inspector, 21University of Wisconsin System full-time police officer, guard or any other employee 22whose principal duties are supervision and discipline of inmates at a state penal 23institution, special agent employed by the department of revenue who is authorized 24to act under s. 73.031, person employed under s. 60.553 (1), 61.66 (1), or 62.13 (2e)
1(a), or special criminal investigation agent employed by the department of justice, or 2marshal of the supreme court. AB50-ASA2-AA15,66,8440.65 (4y) A marshal of the supreme court under s. 758.195 who becomes a 5protective occupation participant on or after the effective date of this subsection .... 6[LRB inserts date], is not entitled to a duty disability benefit under this section for 7an injury or disease occurring before the effective date of this subsection .... [LRB 8inserts date]. AB50-ASA2-AA15,66,1510165.85 (2) (c) “Law enforcement officer” means any person employed by the 11state or any political subdivision of the state, for the purpose of detecting and 12preventing crime and enforcing laws or ordinances and who is authorized to make 13arrests for violations of the laws or ordinances that the person is employed and 14sworn to enforce. “Law enforcement officer” includes a marshal of the supreme 15court under s. 758.195 and a university police officer, as defined in s. 175.42 (1) (b). AB50-ASA2-AA15,66,2017758.195 Office of the marshals of the supreme court. (1) Creation. 18There is created the office of the marshals of the supreme court, under the direction 19and supervision of the chief marshal of the supreme court, which shall consist of all 20of the following personnel: AB50-ASA2-AA15,66,2121(a) The chief marshal of the supreme court. AB50-ASA2-AA15,66,2222(b) One deputy chief marshal of the supreme court. AB50-ASA2-AA15,66,2323(c) Deputy marshals of the supreme court. AB50-ASA2-AA15,67,1
1(d) Administrative support personnel. AB50-ASA2-AA15,67,32(2) Law enforcement authority. (a) The office of the marshals of the 3supreme court is a law enforcement agency, as defined in s. 165.85 (2) (bv). AB50-ASA2-AA15,67,104(b) Marshals of the supreme court are law enforcement officers, are employed 5for the purpose of detecting and preventing crime and enforcing laws or ordinances, 6and are authorized to make arrests for violations of the laws or ordinances of this 7state. Marshals of the supreme court shall meet the requirements of s. 165.85 (4) 8(a) 2. and 7. a., and shall agree to accept the duties of a law enforcement officer 9under the laws of this state. Marshals of the supreme court shall have statewide 10jurisdiction. AB50-ASA2-AA15,67,1711(c) Marshals of the supreme court shall have concurrent police power with 12other authorized peace officers over any jurisdiction in which the marshal performs 13his or her duties. Such concurrent police authority may not be construed to reduce 14or lessen the authority of the police power of the community or communities in 15which a marshal may perform his or her duties. Marshals of the supreme court 16shall cooperate with and be responsive to the local police authorities as they meet 17and exercise their statutory responsibilities. AB50-ASA2-AA15,67,2118(d) Marshals of the supreme court shall meet the requirements established by 19the law enforcement standards board for officer certification, police pursuit, 20recruitment, and firearms training and comply with any other statutory 21requirements applicable to a law enforcement agency. AB50-ASA2-AA15,68,422(3) Powers. The office of the marshals of the supreme court may provide 23police services to the state court system, with statewide jurisdiction; provide
1protective services for the supreme court justices and their offices; provide security 2assessments for the justices, judges, and facilities of the state court system; and 3provide safety and security support services and advanced security planning for 4circuit court proceedings. AB50-ASA2-AA15,68,106939.22 (22) “Peace officer” means any person vested by law with a duty to 7maintain public order or to make arrests for crime, whether that duty extends to all 8crimes or is limited to specific crimes. “Peace officer” includes a commission 9warden, a marshal of the supreme court under s. 758.195, and a university police 10officer, as defined in s. 175.42 (1) (b). AB50-ASA2-AA15,68,1512(1) Office of the marshals of the supreme court. The authorized FTE 13positions for the supreme court are increased by 8.0 GPR law enforcement officer 14positions and 0.4 GPR civilian support staff position, to be funded from the 15appropriation under s. 20.680 (4) (a).”. AB50-ASA2-AA15,68,191820.437 (1) (cL) Seventeen-year-old juvenile justice aids. A sum sufficient for 19the purposes under s. 48.5275. AB50-ASA2-AA15,69,22148.02 (1d) “Adult” means a person who is 18 years of age or older, except that 22for 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. AB50-ASA2-AA15,69,8448.02 (2) “Child,” when used without further qualification, means a person 5who 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, “child” does not include a person who has 8attained 17 years of age. AB50-ASA2-AA15,1509Section 150. Subchapter IX (title) of chapter 48 [precedes 48.44] of the 10statutes is amended to read: AB50-ASA2-AA15,69,1412SUBCHAPTER IX
13JURISDICTION OVER PERSON 17
14OR OLDER ADULTS AB50-ASA2-AA15,69,191648.44 Jurisdiction over persons 17 or older adults. The court has 17jurisdiction over persons 17 years of age or older adults as provided under ss. 1848.133, 48.355 (4), 48.357 (6), 48.365 (5), and 48.45 and as otherwise specifically 19provided in this chapter. AB50-ASA2-AA15,70,52148.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition 22described in s. 48.13 it appears that any person 17 years of age or older adult has 23been guilty of contributing to, encouraging, or tending to cause by any act or
1omission, such that condition of the child, the judge may make orders with respect 2to the conduct of such that person in his or her relationship to the child, including 3orders determining the ability of the person to provide for the maintenance or care 4of the child and directing when, how, and from where funds for the maintenance or 5care shall be paid. AB50-ASA2-AA15,70,13748.45 (1) (am) If in the hearing of a case of an unborn child and the unborn 8child’s expectant mother alleged to be in a condition described in s. 48.133 it 9appears that any person 17 years of age or over adult has been guilty of contributing 10to, encouraging, or tending to cause by any act or omission, such that condition of 11the unborn child and expectant mother, the judge may make orders with respect to 12the conduct of such that person in his or her relationship to the unborn child and 13expectant mother. AB50-ASA2-AA15,70,201548.45 (3) If it appears at a court hearing that any person 17 years of age or 16older adult has violated s. 948.40, the judge shall refer the record to the district 17attorney for criminal proceedings as may be warranted in the district attorney’s 18judgment. This subsection does not prevent prosecution of violations of s. 948.40 19without the prior reference by the judge to the district attorney, as in other criminal 20cases. AB50-ASA2-AA15,71,32248.5275 Seventeen-year-old juvenile justice aids. Notwithstanding s. 2348.526, from the appropriation under s. 20.437 (1) (cL), beginning on January 1,
12026, the department shall reimburse counties for the costs under s. 48.526 (2) (c) 2associated with juveniles who were alleged to have violated a state or federal 3criminal law or any civil law or municipal ordinance at age 17. AB50-ASA2-AA15,71,65118.163 (4) A person who is under 17 years of age a minor on the date of 6disposition is subject to s. 938.342. AB50-ASA2-AA15,71,118125.07 (4) (d) A person who is under 17 years of age a minor on the date of 9disposition is subject to s. 938.344 unless proceedings have been instituted against 10the person in a court of civil or criminal jurisdiction after dismissal of the citation 11under s. 938.344 (3). AB50-ASA2-AA15,71,1413125.07 (4) (e) 1. In this paragraph, “defendant” means a person found guilty 14of violating par. (a) or (b) who is 17, 18, 19 or 20 an adult under 21 years of age. AB50-ASA2-AA15,71,1916125.085 (3) (bt) A person who is under 17 years of age a minor on the date of 17disposition is subject to s. 938.344 unless proceedings have been instituted against 18the person in a court of civil or criminal jurisdiction after dismissal of the citation 19under s. 938.344 (3). AB50-ASA2-AA15,71,2221165.83 (1) (c) 1. An act that is committed by a person who has attained the 22age of 17 an adult and that is a felony or a misdemeanor. AB50-ASA2-AA15,72,3
1165.83 (1) (c) 2. An act that is committed by a person minor who has attained 2the age of 10 but who has not attained the age of 17 and that would be a felony or 3misdemeanor if committed by an adult. AB50-ASA2-AA15,72,75301.12 (2m) The liability specified in sub. (2) shall not apply to persons 17 6and older adults receiving care, maintenance, services, and supplies provided by 7prisons named in s. 302.01. AB50-ASA2-AA15,72,209301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person 10specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17 11years of age minors in residential, nonmedical facilities such as group homes, foster 12homes, residential care centers for children and youth, and juvenile correctional 13institutions is determined in accordance with the cost-based fee established under 14s. 301.03 (18). The department shall bill the liable person up to any amount of 15liability not paid by an insurer under s. 632.89 (2) or (4m) or by other 3rd-party 16benefits, subject to rules that include formulas governing ability to pay 17promulgated by the department under s. 301.03 (18). Any liability of the resident 18not payable by any other person terminates when the resident reaches age 17 19becomes an adult, unless the liable person has prevented payment by any act or 20omission. AB50-ASA2-AA15,73,422302.31 (7) The temporary placement of persons in the custody of the 23department, other than persons under 17 years of age minors, and persons who
1have attained the age of 17 years but have not attained adults under the age of 25 2years who are under the supervision of the department under s. 938.355 (4) and 3who have been taken into custody pending revocation of community supervision or 4aftercare supervision under s. 938.357 (5) (e). AB50-ASA2-AA15,73,96938.02 (1) “Adult” means a person who is 18 years of age or older, except that 7for purposes of investigating or prosecuting a person who is alleged to have violated 8any state or federal criminal law or any civil law or municipal ordinance, “adult” 9means a person who has attained 17 years of age. AB50-ASA2-AA15,73,1511938.02 (10m) “Juvenile,” when used without further qualification, means a 12person who is less than 18 years of age, except that for purposes of investigating or 13prosecuting a person who is alleged to have violated a state or federal criminal law 14or any civil law or municipal ordinance, “juvenile” does not include a person who 15has attained 17 years of age. AB50-ASA2-AA15,73,2117938.12 (2) Seventeen-year-olds Juveniles who become adults. If a 18petition alleging that a juvenile is delinquent is filed before the juvenile is 17 years 19of age becomes an adult, but the juvenile becomes 17 years of age an adult before 20admitting the facts of the petition at the plea hearing or, if the juvenile denies the 21facts, before an adjudication, the court retains jurisdiction over the case. AB50-ASA2-AA15,74,823938.18 (2) Petition. The petition for waiver of jurisdiction may be filed by the
1district attorney or the juvenile or may be initiated by the court and shall contain a 2brief statement of the facts supporting the request for waiver. The petition for 3waiver of jurisdiction shall be accompanied by or filed after the filing of a petition 4alleging delinquency and shall be filed prior to the plea hearing, except that if the 5juvenile denies the facts of the petition and becomes 17 years of age an adult before 6an adjudication, the petition for waiver of jurisdiction may be filed at any time prior 7to the adjudication. If the court initiates the petition for waiver of jurisdiction, the 8judge shall disqualify himself or herself from any future proceedings on the case. AB50-ASA2-AA15,74,1710938.183 (3) Placement in state prison; parole. When Subject to s. 973.013 11(3m), when a juvenile who is subject to a criminal penalty under sub. (1m) or s. 12938.183 (2), 2003 stats., attains the age of 17 years becomes an adult, the 13department of corrections may place the juvenile in a state prison named in s. 14302.01, except that that department may not place any person under the age of 18 15years in the correctional institution authorized in s. 301.16 (1n). A juvenile who is 16subject to a criminal penalty under sub. (1m) or under s. 938.183 (2), 2003 stats., for 17an act committed before December 31, 1999, is eligible for parole under s. 304.06. AB50-ASA2-AA15,75,219938.255 (1) Title and contents. (intro.) A petition initiating proceedings 20under this chapter, other than a petition initiating proceedings under s. 938.12, 21938.125, or 938.13 (12), shall be entitled, “In the interest of (juvenile’s name), a 22person under the age of 18”..” A petition initiating proceedings under s. 938.12, 23938.125, or 938.13 (12) shall be entitled, “In the interest of (juvenile’s name), a
1person under the age of 17”. juvenile.” A petition initiating proceedings under this 2chapter shall specify all of the following: AB50-ASA2-AA15,76,44938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that 5this disposition is in the best interest of the juvenile and the juvenile’s 6rehabilitation. The maximum forfeiture that the court may impose under this 7subsection for a violation by a juvenile is the maximum amount of the fine that may 8be imposed on an adult for committing that violation or, if the violation is applicable 9only to a person under 18 years of age juveniles, $100. The order shall include a 10finding that the juvenile alone is financially able to pay the forfeiture and shall 11allow up to 12 months for payment. If the juvenile fails to pay the forfeiture, the 12court may vacate the forfeiture and order other alternatives under this section; or 13the court may suspend any license issued under ch. 29 for not less than 30 days nor 14more than 5 years, or suspend the juvenile’s operating privilege, as defined in s. 15340.01 (40), for not more than 2 years. If the court suspends any license under this 16subsection, the clerk of the court shall immediately take possession of the 17suspended license if issued under ch. 29 or, if the license is issued under ch. 343, the 18court may take possession of, and if possession is taken, shall destroy, the license. 19The court shall forward to the department which that issued the license a notice of 20suspension stating that the suspension is for failure to pay a forfeiture imposed by 21the court, together with any license issued under ch. 29 of which the court takes 22possession. If the forfeiture is paid during the period of suspension, the suspension 23shall be reduced to the time period which that has already elapsed and the court
1shall immediately notify the department, which shall then, if the license is issued 2under ch. 29, return the license to the juvenile. Any recovery under this subsection 3shall be reduced by the amount recovered as a forfeiture for the same act under s. 4938.45 (1r) (b). AB50-ASA2-AA15,76,226938.343 (2) Forfeiture. Impose a forfeiture not to exceed the maximum 7forfeiture that may be imposed on an adult for committing that violation or, if the 8violation is only applicable to a person under 18 years of age juveniles, $50. The 9order shall include a finding that the juvenile alone is financially able to pay and 10shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture, 11the court may suspend any license issued under ch. 29 or suspend the juvenile’s 12operating privilege, as defined in s. 340.01 (40), for not more than 2 years. The 13court shall immediately take possession of the suspended license if issued under ch. 1429 or, if the license is issued under ch. 343, the court may take possession of, and if 15possession is taken, shall destroy, the license. The court shall forward to the 16department which that issued the license the notice of suspension stating that the 17suspension is for failure to pay a forfeiture imposed by the court, together with any 18license issued under ch. 29 of which the court takes possession. If the forfeiture is 19paid during the period of suspension, the court shall immediately notify the 20department, which shall, if the license is issued under ch. 29, return the license to 21the person. Any recovery under this subsection shall be reduced by the amount 22recovered as a forfeiture for the same act under s. 938.45 (1r) (b). AB50-ASA2-AA15,77,8
1938.344 (3) Prosecution in adult court. If the juvenile alleged to have 2committed the violation is within 3 months of his or her 17th birthday becoming an 3adult, the court assigned to exercise jurisdiction under this chapter and ch. 48 may, 4at the request of the district attorney or on its own motion, dismiss the citation 5without prejudice and refer the matter to the district attorney for prosecution under 6s. 125.07 (4). The juvenile is entitled to a hearing only on the issue of his or her age. 7This subsection does not apply to violations under s. 961.573 (2), 961.574 (2), or 8961.575 (2) or a local ordinance that strictly conforms to one of those statutes. AB50-ASA2-AA15,77,1510938.35 (1m) Future criminal proceedings barred. Disposition by the 11court assigned to exercise jurisdiction under this chapter and ch. 48 of any 12allegation under s. 938.12 or 938.13 (12) shall bar any future proceeding on the 13same matter in criminal court when the juvenile attains 17 years of age becomes an 14adult. This subsection does not affect proceedings in criminal court that have been 15transferred under s. 938.18. AB50-ASA2-AA15,78,1417938.355 (4) (b) Except as provided in s. 938.368, an order under s. 938.34 (4d) 18or (4m) made before the juvenile attains 18 years of age may apply for up to 2 years 19after the date on which the order is granted or until the juvenile’s 18th 19th 20birthday, whichever is earlier, unless the court specifies a shorter period of time or 21the court terminates the order sooner. If the order does not specify a termination 22date, it shall apply for one year after the date on which the order is granted or until 23the juvenile’s 18th 19th birthday, whichever is earlier, unless the court terminates
1the order sooner. Except as provided in s. 938.368, an order under s. 938.34 (4h) 2made before the juvenile attains 18 years of age shall apply for 5 years after the date 3on which the order is granted, if the juvenile is adjudicated delinquent for 4committing a violation of s. 943.10 (2) or for committing an act that would be 5punishable as a Class B or C felony if committed by an adult, or until the juvenile 6reaches 25 years of age, if the juvenile is adjudicated delinquent for committing an 7act that would be punishable as a Class A felony if committed by an adult. Except 8as provided in s. 938.368, an extension of an order under s. 938.34 (4d), (4h), (4m), 9or (4n) made before the juvenile attains 17 years of age becomes an adult shall 10terminate at the end of one year after the date on which the order is granted unless 11the court specifies a shorter period of time or the court terminates the order sooner. 12No extension under s. 938.365 of an original dispositional order under s. 938.34 13(4d), (4h), (4m), or (4n) may be granted for a juvenile who is 17 years of age or older 14when becomes an adult by the time the original dispositional order terminates. AB50-ASA2-AA15,78,2216938.355 (4m) (a) A juvenile who has been adjudged delinquent under s. 48.12, 171993 stats., or s. 938.12 may, on attaining 17 years of age becoming an adult, 18petition the court to expunge the court’s record of the juvenile’s adjudication. 19Subject to par. (b), the court may expunge the record if the court determines that 20the juvenile has satisfactorily complied with the conditions of his or her 21dispositional order and that the juvenile will benefit from, and society will not be 22harmed by, the expungement. AB50-ASA2-AA15,79,5
1938.39 Disposition by court bars criminal proceeding. Disposition by 2the court of any violation of state law within its jurisdiction under s. 938.12 bars 3any future criminal proceeding on the same matter in circuit court when the 4juvenile reaches the age of 17 becomes an adult. This section does not affect 5criminal proceedings in circuit court that were transferred under s. 938.18.
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