AB1036: Bill Text

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)