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. AB50-ASA2-AA15,1786Section 178. Subchapter IX (title) of chapter 938 [precedes 938.44] of the 7statutes is amended to read: AB50-ASA2-AA15,79,119SUBCHAPTER IX
10JURISDICTION OVER PERSONS 17
11OR OLDER ADULTS AB50-ASA2-AA15,79,1613938.44 Jurisdiction over persons 17 or older adults. The court has 14jurisdiction over persons 17 years of age or older adults as provided under ss. 15938.355 (4), 938.357 (6), 938.365 (5), and 938.45 and as otherwise specified in this 16chapter. AB50-ASA2-AA15,80,318938.45 (1) (a) If in the hearing of a case of a juvenile alleged to be delinquent 19under s. 938.12 or in need of protection or services under s. 938.13 it appears that 20any person 17 years of age or older adult has been guilty of contributing to, 21encouraging, or tending to cause by any act or omission, such that condition of the 22juvenile, the court may make orders with respect to the conduct of that person in his 23or her relationship to the juvenile, including orders relating to determining the
1ability of the person to provide for the maintenance or care of the juvenile and 2directing when, how, and from where funds for the maintenance or care shall be 3paid. AB50-ASA2-AA15,80,95938.45 (3) Prosecution of adult contributing to delinquency of 6juvenile. If it appears at a court hearing that any person 17 years of age or older 7adult has violated s. 948.40, the court shall refer the record to the district attorney. 8This subsection does not prohibit prosecution of violations of s. 948.40 without the 9prior reference by the court to the district attorney. AB50-ASA2-AA15,80,1211938.48 (4m) (title) Continuing care and services for juveniles over 17 12who become adults. AB50-ASA2-AA15,80,1414938.48 (4m) (a) Is at least 17 years of age an adult. AB50-ASA2-AA15,80,1816938.48 (4m) (b) Was under the supervision of the department under s. 17938.183, 938.34 (4h), or 938.357 (3) or (4) when the person reached 17 years of age 18became an adult. AB50-ASA2-AA15,81,420938.48 (14) School-related expenses for juveniles over 17 who become 21adults. Pay maintenance, tuition, and related expenses from the appropriation 22under s. 20.410 (3) (ho) for persons who, when they attained 17 years of age became 23adults, were students regularly attending a school, college, or university or
1regularly attending a course of vocational or technical training designed to prepare 2them for gainful employment, and who upon attaining that age becoming adults 3were under the supervision of the department under s. 938.183, 938.34 (4h), or 4938.357 (3) or (4) as a result of a judicial decision. AB50-ASA2-AA15,81,76938.57 (3) (title) Continuing maintenance for juveniles over 17 who 7become adults. AB50-ASA2-AA15,1878Section 187. 938.57 (3) (a) (intro.) of the statutes is amended to read: AB50-ASA2-AA15,81,119938.57 (3) (a) (intro.) From the reimbursement received under s. 48.569 (1) 10(d), counties may provide funding for the maintenance of any juvenile person who 11meets all of the following qualifications: AB50-ASA2-AA15,81,1313938.57 (3) (a) 1. Is 17 years of age or older an adult. AB50-ASA2-AA15,81,1615938.57 (3) (a) 3. Received funding under s. 48.569 (1) (d) immediately prior to 16his or her 17th birthday becoming an adult. AB50-ASA2-AA15,81,2018938.57 (3) (b) The funding provided for the maintenance of a juvenile person 19under par. (a) shall be in an amount equal to that which the juvenile person would 20receive under s. 48.569 (1) (d) if the person were a juvenile were 16 years of age. AB50-ASA2-AA15,82,322946.50 Absconding. (intro.) Any person who is adjudicated delinquent, but 23who intentionally fails to appear before the court assigned to exercise jurisdiction
1under chs. 48 and 938 for his or her dispositional hearing under s. 938.335, and who 2does not return to that court for a dispositional hearing before attaining the age of 317 years becoming an adult is guilty of the following: AB50-ASA2-AA15,82,85948.01 (1) “Child” means a person who has not attained the age of 18 years, 6except that for purposes of prosecuting a person who is alleged to have violated a 7state or federal criminal law, “child” does not include a person who has attained the 8age of 17 years. AB50-ASA2-AA15,1939Section 193. 948.11 (2) (am) (intro.) of the statutes is amended to read: AB50-ASA2-AA15,82,1410948.11 (2) (am) (intro.) Any person who has attained the age of 17 and adult 11who, with knowledge of the character and content of the description or narrative 12account, verbally communicates, by any means, a harmful description or narrative 13account to a child, with or without monetary consideration, is guilty of a Class I 14felony if any of the following applies: AB50-ASA2-AA15,82,1916948.45 (1) Except as provided in sub. (2), any person 17 years of age or older 17adult who, by any act or omission, knowingly encourages or contributes to the 18truancy, as defined under s. 118.16 (1) (c), of a person 17 years of age or under child 19is guilty of a Class C misdemeanor. AB50-ASA2-AA15,83,221948.60 (2) (d) A person under 17 years of age child who has violated this 22subsection is subject to the provisions of ch. 938 unless jurisdiction is waived under
1s. 938.18 or the person is subject to the jurisdiction of a court of criminal 2jurisdiction under s. 938.183. AB50-ASA2-AA15,83,74948.61 (4) A person under 17 years of age child who has violated this section 5is subject to the provisions of ch. 938, unless jurisdiction is waived under s. 938.18 6or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 7938.183. AB50-ASA2-AA15,83,109961.455 (title) Using a child minor for illegal drug distribution or 10manufacturing purposes. AB50-ASA2-AA15,83,1412961.455 (1) Any person who has attained the age of 17 years adult who 13knowingly solicits, hires, directs, employs, or uses a person who is under the age of 1417 years minor for the purpose of violating s. 961.41 (1) is guilty of a Class F felony. AB50-ASA2-AA15,83,2016961.455 (2) The knowledge requirement under sub. (1) does not require proof 17of knowledge of the age of the child minor. It is not a defense to a prosecution under 18this section that the actor mistakenly believed that the person solicited, hired, 19directed, employed, or used under sub. (1) had attained the age of 18 years, even if 20the mistaken belief was reasonable.
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