AB1036: Bill Text

AB1036,54,17 948.01 (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.

AB1036,144 Section 144 . 948.11 (2) (am) (intro.) of the statutes is amended to read:

AB1036,54,23 948.11 (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:

AB1036,145 Section 145. 948.40 (1) of the statutes is amended to read:

AB1036,55,4 948.40 (1) No person may intentionally encourage or contribute to the delinquency of a child. This subsection includes intentionally encouraging or contributing to an act by a child under the age of 10 13 which would be a delinquent act if committed by a child 10 13 years of age or older.

AB1036,146 Section 146. 948.40 (2) of the statutes is amended to read:

AB1036,55,9 948.40 (2) No person responsible for the child's welfare may, by disregard of the welfare of the child, contribute to the delinquency of the child. This subsection includes disregard that contributes to an act by a child under the age of 10 13 that would be a delinquent act if committed by a child 10 13 years of age or older.

AB1036,147 Section 147 . 948.45 (1) of the statutes is amended to read:

AB1036,55,14 948.45 (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.

AB1036,148 Section 148. 948.60 (2) (d) of the statutes is amended to read:

AB1036,55,19 948.60 (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.

AB1036,149 Section 149. 948.61 (4) of the statutes is amended to read:

AB1036,55,24 948.61 (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.

AB1036,150 Section 150 . 961.455 (title) of the statutes is amended to read:

AB1036,56,2 961.455 (title) Using a child minor for illegal drug distribution or manufacturing purposes.

AB1036,151 Section 151 . 961.455 (1) of the statutes is amended to read:

AB1036,56,6 961.455 (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.

AB1036,152 Section 152 . 961.455 (2) of the statutes is amended to read:

AB1036,56,12 961.455 (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.

AB1036,153 Section 153 . 961.46 of the statutes is amended to read:

AB1036,56,19 961.46 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.

AB1036,154 Section 154 . 961.573 (2) of the statutes is amended to read:

AB1036,56,22 961.573 (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).

AB1036,155 Section 155 . 961.574 (2) of the statutes is amended to read:

AB1036,56,25 961.574 (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).

AB1036,156 Section 156. 961.575 (1) of the statutes is amended to read:

AB1036,57,5 961.575 (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.

AB1036,157 Section 157 . 961.575 (2) of the statutes is amended to read:

AB1036,57,8 961.575 (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).

AB1036,158 Section 158 . 961.575 (3) of the statutes is amended to read:

AB1036,57,12 961.575 (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.

AB1036,159 Section 159. 970.032 (3) of the statutes is created to read:

AB1036,57,15 970.032 (3) This section does not apply to a violation committed on or after the effective date of this subsection .... [LRB inserts date].

AB1036,160 Section 160. 971.31 (13) (c) of the statutes is created to read:

AB1036,57,18 971.31 (13) (c) This subsection does not apply to a violation committed on or after the effective date of this paragraph .... [LRB inserts date].

AB1036,161 Section 161 . 990.01 (3) of the statutes is amended to read:

AB1036,57,23 990.01 (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.

AB1036,162 Section 162 . 990.01 (20) of the statutes is amended to read:

AB1036,58,4 990.01 (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.

AB1036,163 Section 163. Nonstatutory provisions.

AB1036,58,6 (1) Criminal history and child abuse record searches.

AB1036,58,10 (a) Notwithstanding s. 48.685 (1) (bm), for the purposes of conducting a criminal history and child abuse record search under s. 48.685, “nonclient resident” includes a person who has attained 10 years of age on the effective date of this paragraph.

AB1036,58,14 (b) Notwithstanding s. 48.686 (1) (bm), for the purposes of conducting a criminal history and child abuse record search under s. 48.686, “household member” includes a person who has attained 10 years of age on the effective date of this paragraph.

AB1036,58,17 (2) Seventeen-year-old juvenile justice aids. The department of children and families shall consult with county representatives to determine eligible expenses to be reimbursed under s. 48.5275.

AB1036,58,18 (3) Extended out-of-home care to age 21; rules.

AB1036,58,25 (a) Permanent rules. The department of children and families shall present the statement of scope of the rules required under ss. 48.366 (4) and 938.366 (4) to the governor for approval under s. 227.135 (2) no later than the 30th day after the effective date of this paragraph. The department of children and families shall submit in proposed form the rules required under ss. 48.366 (4) and 938.366 (4) to the legislative council staff under s. 227.15 (1) no later than the first day of the 4th month beginning after the governor approves the statement of scope for the rules.

AB1036,59,9 (b) Emergency rules. Using the procedure under s. 227.24, the department of children and families may promulgate the rules required under ss. 48.366 (4) and 938.366 (4) for the period before the effective date of the rules submitted under paragraph (a), but not to exceed the period authorized under s. 227.24 (1) (c), subject to extension under s. 227.24 (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department of children and families is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.

AB1036,164 Section 164. Initial applicability.

AB1036,59,25 (1) Age of juvenile court jurisdiction, age of juvenile delinquency, elimination of original adult court jurisdiction over a juvenile, and waiver of juvenile court jurisdiction. The treatment of ss. 48.02 (1d) and (2), 48.396 (1), 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), 301.26 (4) (cm) 1., 302.31 (7), 938.02 (1), (3m), and (10m), 938.12 (1) and (2), 938.13 (12), 938.18 (1) (a), (b), (bm), and (c) and (2), 938.183 (1) (intro.), (1d), and (3), 938.245 (2g), 938.255 (1) (intro.), 938.32 (1x), 938.34 (8), 938.343 (2), 938.344 (3), 938.35 (1m), 938.355 (4) (b) and (4m) (a), 938.39, 938.396 (1) (b) 5., 938.44, 938.45 (1) (a) and (3), 938.48 (4m) (title), (a), and (b) and (14), 938.52 (1) (d), 938.57 (3) (title), (a) (intro.), 1., and 3., and (b), 939.632 (1) (e) 1. and 3., 946.50 (intro.), 948.01 (1), 948.11 (2) (am) (intro.), 948.40 (1) and (2), 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), 970.032 (3), 971.31 (13) (c), and 990.01 (3) and (20), subch. IX (title) of ch. 48, and subch. IX (title) of ch. 938 first applies to a juvenile who is alleged to be delinquent on the effective date of this subsection.

AB1036,60,3 (2) Serious juvenile offender program. The treatment of s. 938.34 (4h) (a) first applies to a juvenile who is placed in the serious juvenile offender program under s. 938.34 (4h) on the effective date of this subsection.

AB1036,165 Section 165. Effective date.

AB1036,60,6 (1) This act takes effect on the date specified in the notice under 2017 Wisconsin Act 185, section 110 (2) (b), or July 1, 2021, whichever is earlier.

AB1036,60,7 (End)