SB59,1066,64
SUBCHAPTER IX
5
JURISDICTION OVER
PERSONS 17
6
OR OLDER adults
SB59,2170
7Section 2170
. 938.44 of the statutes is amended to read:
SB59,1066,10
8938.44 Jurisdiction over persons 17 or older adults. The court has
9jurisdiction over
persons 17 years of age or older
adults as provided under ss. 938.355
10(4), 938.357 (6), 938.365 (5), and 938.45 and as otherwise specified in this chapter.
SB59,2171
11Section 2171
. 938.45 (1) (a) of the statutes is amended to read:
SB59,1066,1912
938.45
(1) (a) If in the hearing of a case of a juvenile alleged to be delinquent
13under s. 938.12 or in need of protection or services under s. 938.13 it appears that any
14person 17 years of age or older adult has been guilty of contributing to, encouraging,
15or tending to cause by any act or omission
, such
that condition of the juvenile, the
16court may make orders with respect to the conduct of that person in his or her
17relationship to the juvenile, including orders relating to determining the ability of
18the person to provide for the maintenance or care of the juvenile and directing when,
19how, and
from where funds for the maintenance or care shall be paid.
SB59,2172
20Section 2172
. 938.45 (3) of the statutes is amended to read:
SB59,1066,2521
938.45
(3) Prosecution of adult contributing to delinquency of juvenile. 22If it appears at a court hearing that any
person 17 years of age or older adult has
23violated s. 948.40, the court shall refer the record to the district attorney. This
24subsection does not prohibit prosecution of violations of s. 948.40 without the prior
25reference by the court to the district attorney.
SB59,2173
1Section
2173. 938.48 (4m) (title) of the statutes is amended to read:
SB59,1067,32
938.48
(4m) (title)
Continuing care and services for juveniles over 17 who
3become adults.
SB59,2174
4Section 2174
. 938.48 (4m) (a) of the statutes is amended to read:
SB59,1067,55
938.48
(4m) (a) Is
at least 17 years of age an adult.
SB59,2175
6Section 2175
. 938.48 (4m) (b) of the statutes is amended to read:
SB59,1067,97
938.48
(4m) (b) Was under the supervision of the department under s. 938.183,
8938.34 (4h), (4m)
, or (4n) or 938.357 (3) or (4) when the person
reached 17 years of
9age became an adult.
SB59,2176
10Section 2176
. 938.48 (4m) (b) of the statutes, as affected by
2017 Wisconsin
11Act 185, section
82, and 2019 Wisconsin Act .... (this act), is repealed and recreated
12to read:
SB59,1067,1413
938.48
(4m) (b) Was under the supervision of the department under s. 938.183,
14938.34 (4h) or (4n), or 938.357 (3) or (4) when the person became an adult.
SB59,2177
15Section 2177
. 938.48 (14) of the statutes is amended to read:
SB59,1067,2316
938.48
(14) School-related expenses for juveniles over 17 who become
17adults. Pay maintenance, tuition, and related expenses from the appropriation
18under s. 20.410 (3) (ho) for persons who, when they
attained 17 years of age became
19adults, were students regularly attending a school, college, or university or regularly
20attending a course of vocational or technical training designed to prepare them for
21gainful employment, and who upon
attaining that age
becoming adults were under
22the supervision of the department under s. 938.183, 938.34 (4h), (4m), or (4n), or
23938.357 (3) or (4) as a result of a judicial decision.
SB59,2178
1Section
2178
. 938.48 (14) of the statutes, as affected by
2017 Wisconsin Act
2185, section
88, and 2019 Wisconsin Act .... (this act), is repealed and recreated to
3read:
SB59,1068,104
938.48
(14) School-related expenses for juveniles who become adults. Pay
5maintenance, tuition, and related expenses from the appropriation under s. 20.410
6(3) (ho) for persons who, when they became adults, were students regularly attending
7a school, college, or university or regularly attending a course of vocational or
8technical training designed to prepare them for gainful employment, and who upon
9becoming adults were under the supervision of the department under s. 938.183,
10938.34 (4h) or (4n), or 938.357 (3) or (4) as a result of a judicial decision.
SB59,2179
11Section
2179. 938.49 (2) (b) of the statutes is amended to read:
SB59,1068,1712
938.49
(2) (b) Notify the juvenile's last school district or, if the juvenile was last
13enrolled in a private school participating in the program under s. 118.60 or in the
14program under s. 119.23
or, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002
15(3) (c), in a school under the operation and general management of the governing
16body of a private school, the private school
or the governing body of a private school, 17in writing of its obligation under s. 118.125 (4).
SB59,2180
18Section 2180
. 938.57 (3) (title) of the statutes is amended to read:
SB59,1068,2019
938.57
(3) (title)
Continuing maintenance for juveniles over 17 who become
20adults.
SB59,2181
21Section 2181
. 938.57 (3) (a) (intro.) of the statutes is amended to read:
SB59,1068,2422
938.57
(3) (a) (intro.) From the reimbursement received under s. 48.569 (1) (d),
23counties may provide funding for the maintenance of any
juvenile person who meets
24all of the following qualifications:
SB59,2182
25Section 2182
. 938.57 (3) (a) 1. of the statutes is amended to read:
SB59,1069,1
1938.57
(3) (a) 1. Is
17 years of age or older an adult.
SB59,2183
2Section 2183
. 938.57 (3) (a) 3. of the statutes is amended to read:
SB59,1069,43
938.57
(3) (a) 3. Received funding under s. 48.569 (1) (d) immediately prior to
4his or her 17th birthday becoming an adult.
SB59,2184
5Section 2184
. 938.57 (3) (b) of the statutes is amended to read:
SB59,1069,86
938.57
(3) (b) The funding provided for the maintenance of a
juvenile person 7under par. (a) shall be in an amount equal to that
to which the
juvenile person would
8receive under s. 48.569 (1) (d) if the
person were a juvenile
were 16 years of age.
SB59,2185
9Section 2185
. 939.632 (1) (e) 1. of the statutes is amended to read:
SB59,1069,1510
939.632
(1) (e) 1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09
11(1c), 940.19 (2), (4) or (5), 940.21, 940.225 (1), (2) or (3), 940.235, 940.305, 940.31,
12940.32, 941.20, 941.21, 943.02, 943.06, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1)
13or (2), 948.025, 948.03 (2) (a) or (c) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055,
14948.07, 948.08, 948.085, or 948.30 (2) or under s. 940.302 (2) if s. 940.302 (2) (a) 1.
15b. applies.
SB59,2186
16Section 2186
. 939.632 (1) (e) 3. of the statutes is amended to read:
SB59,1069,1817
939.632
(1) (e) 3. Any misdemeanor under s. 940.19 (1), 940.225 (3m),
940.32
18(2), 940.42, 940.44, 941.20 (1), 941.23, 941.231, 941.235, or 941.38 (3).
SB59,2187
19Section 2187
. 941.315 (5) of the statutes is amended to read:
SB59,1069,2320
941.315
(5) (a) Subsection (2) does not apply to a person to whom nitrous oxide
21is administered for the purpose of providing medical or dental care, if the nitrous
22oxide is administered by a physician
or, dentist
, or dental therapist or at the direction
23or under the supervision of a physician
or, dentist
, or dental therapist.
SB59,1070,224
(b) Subsection (3) does not apply to the administration of nitrous oxide by a
25physician
or, dentist
, or dental therapist, or by another person at the direction or
1under the supervision of a physician
or
, dentist
, or dental therapist, for the purpose
2of providing medical or dental care.
SB59,1070,63
(c) Subsection (3) (c) does not apply to the sale to a hospital, health care clinic
4or other health care organization or to a physician
or
, dentist
, or dental therapist of
5any object used, designed for use or primarily intended for use in administering
6nitrous oxide for the purpose of providing medical or dental care.
SB59,2188
7Section 2188
. 946.15 of the statutes is created to read:
SB59,1070,21
8946.15 Public construction contracts at less than full rate. (1) Any
9employer, or any agent or employee of an employer, who induces any individual who
10seeks to be or is employed pursuant to a public contract, as defined in s. 66.0901 (1)
11(c), or who seeks to be or is employed on a project on which a prevailing wage rate
12determination has been issued by the department of workforce development under
13s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) to give up, waive, or return any
14part of the compensation to which that individual is entitled under his or her contract
15of employment or under the prevailing wage rate determination issued by the
16department, or who reduces the hourly basic rate of pay normally paid to an
17employee for work on a project on which a prevailing wage rate determination has
18not been issued under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) during a
19week in which the employee works both on a project on which a prevailing wage rate
20determination has been issued and on a project on which a prevailing wage rate
21determination has not been issued, is guilty of a Class I felony.
SB59,1071,9
22(2) Any individual employed pursuant to a public contract, as defined in s.
2366.0901 (1) (c), or employed on a project on which a prevailing wage rate
24determination has been issued by the department of workforce development under
25s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) who gives up, waives, or returns
1to the employer or agent of the employer any part of the compensation to which the
2employee is entitled under his or her contract of employment or under the prevailing
3wage determination issued by the department, or who gives up any part of the
4compensation to which he or she is normally entitled for work on a project on which
5a prevailing wage rate determination has not been issued under s. 66.0903 (3),
6103.49 (3), 103.50 (3), or 229.8275 (3) during a week in which the individual works
7part-time on a project on which a prevailing wage rate determination has been
8issued and part-time on a project on which a prevailing wage rate determination has
9not been issued, is guilty of a Class C misdemeanor.
SB59,1071,18
10(3) Any employer or labor organization, or any agent or employee of an
11employer or labor organization, who induces any individual who seeks to be or is
12employed on a project on which a prevailing wage rate determination has been issued
13by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50
14(3), or 229.8275 (3) to allow any part of the wages to which that individual is entitled
15under the prevailing wage rate determination issued by the department or local
16governmental unit to be deducted from the individual's pay is guilty of a Class I
17felony, unless the deduction would be allowed under
29 CFR 3.5 or
3.6 from an
18individual who is working on a project that is subject to
40 USC 3142.
SB59,1072,2
19(4) Any individual employed on a project on which a prevailing wage rate
20determination has been issued by the department of workforce development under
21s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) who allows any part of the wages
22to which that individual is entitled under the prevailing wage rate determination
23issued by the department or local governmental unit to be deducted from his or her
24pay is guilty of a Class C misdemeanor, unless the deduction would be allowed under
129 CFR 3.5 or
3.6 from an individual who is working on a project that is subject to
240 USC 3142.
SB59,2189
3Section 2189
. 946.50 (intro.) of the statutes is amended to read:
SB59,1072,8
4946.50 Absconding. (intro.) Any person who is adjudicated delinquent, but
5who intentionally fails to appear before the court assigned to exercise jurisdiction
6under chs. 48 and 938 for his or her dispositional hearing under s. 938.335, and who
7does not return to that court for a dispositional hearing before
attaining the age of
817 years becoming an adult is guilty of the following:
SB59,2190
9Section
2190. 947.20 of the statutes is repealed.
SB59,2191
10Section
2191. 947.21 of the statutes is repealed.
SB59,2192
11Section 2192
. 948.01 (1) of the statutes is amended to read:
SB59,1072,1512
948.01
(1) “Child" means a person who has not attained the age of 18 years
,
13except that for purposes of prosecuting a person who is alleged to have violated a
14state or federal criminal law, “child" does not include a person who has attained the
15age of 17 years.
SB59,2193
16Section 2193
. 948.11 (2) (am) (intro.) of the statutes is amended to read:
SB59,1072,2117
948.11
(2) (am) (intro.) Any
person who has attained the age of 17 and adult 18who, with knowledge of the character and content of the description or narrative
19account, verbally communicates, by any means, a harmful description or narrative
20account to a child, with or without monetary consideration, is guilty of a Class I
21felony if any of the following applies:
SB59,2194
22Section 2194
. 948.45 (1) of the statutes is amended to read:
SB59,1073,223
948.45
(1) Except as provided in sub. (2), any
person 17 years of age or older 24adult who, by any act or omission, knowingly encourages or contributes to the
1truancy, as defined under s. 118.16 (1) (c), of a
person 17 years of age or under child 2is guilty of a Class C misdemeanor.
SB59,2195
3Section 2195
. 948.60 (2) (d) of the statutes is amended to read:
SB59,1073,74
948.60
(2) (d) A
person under 17 years of age child who has violated this
5subsection is subject to the provisions of ch. 938 unless jurisdiction is waived under
6s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction
7under s. 938.183.
SB59,2196
8Section 2196
. 948.61 (4) of the statutes is amended to read:
SB59,1073,129
948.61
(4) A
person under 17 years of age child who has violated this section
10is subject to the provisions of ch. 938, unless jurisdiction is waived under s. 938.18
11or the person is subject to the jurisdiction of a court of criminal jurisdiction under s.
12938.183.
SB59,2197
13Section
2197. 961.01 (5m) of the statutes is created to read:
SB59,1073,1514
961.01
(5m) “Debilitating medical condition or treatment" has the meaning
15given in s. 146.44 (1) (b).
SB59,2198
16Section 2198
. 961.01 (12v) of the statutes is created to read:
SB59,1073,1917
961.01
(12v) “Lockable, enclosed facility" means an enclosed indoor or outdoor
18area that is lockable, or requires a security device, to permit access only by a member
19of a qualifying patient's treatment team.
SB59,2199
20Section
2199. 961.01 (14c) of the statutes is created to read:
SB59,1073,2221
961.01
(14c) “Maximum authorized amount" means 12 live cannabis plants or
223 ounces of usable cannabis.
SB59,2200
23Section
2200. 961.01 (14g) of the statutes is created to read:
SB59,1073,2524
961.01
(14g) “Medication with tetrahydrocannabinols" has the meaning given
25in s. 146.44 (1) (c).
SB59,2201
1Section
2201. 961.01 (17k) of the statutes is created to read:
SB59,1074,32
961.01
(17k) “Out-of-state registry identification card" has the meaning given
3in s. 146.44 (1) (cm).
SB59,2202
4Section
2202. 961.01 (19m) of the statutes is created to read:
SB59,1074,55
961.01
(19m) “Primary caregiver" has the meaning given in s. 146.44 (1) (d).
SB59,2203
6Section
2203. 961.01 (20hm) of the statutes is created to read:
SB59,1074,77
961.01
(20hm) “Qualifying patient" has the meaning given in s. 146.44 (1) (e).
SB59,2204
8Section
2204. 961.01 (20ht) of the statutes is created to read:
SB59,1074,109
961.01
(20ht) “Registry identification card" has the meaning given in s. 146.44
10(1) (g).
SB59,2205
11Section
2205. 961.01 (20t) of the statutes is created to read:
SB59,1074,1312
961.01
(20t) “Treatment team" means a qualifying patient and his or her
13primary caregivers.
SB59,2206
14Section 2206
. 961.01 (21f) of the statutes is created to read:
SB59,1074,1615
961.01
(21f) “Usable cannabis” means cannabis leaves or flowers but does not
16include seeds, stalks, or roots or any ingredients combined with the leaves or flowers.
SB59,2207
17Section
2207. 961.01 (21t) of the statutes is created to read:
SB59,1074,1818
961.01
(21t) “Written certification" has the meaning given in s. 146.44 (1) (h).
SB59,2208
19Section 2208
. 961.14 (4) (t) 1. of the statutes is amended to read:
SB59,1074,2220
961.14
(4) (t) 1. Cannabidiol in a form without a psychoactive effect
that is
21dispensed as provided in s. 961.38 (1n) (a) or that is possessed as provided in s. 961.32
22(2m) (b).
SB59,2209
23Section 2209
. 961.32 (2m) of the statutes is repealed.
SB59,2210
24Section 2210
. 961.38 (1n) of the statutes is repealed.
SB59,2211
1Section
2211. 961.41 (1) (h) 1. of the statutes is renumbered 961.41 (1) (h) 1r.
2and amended to read:
SB59,1075,53
961.41
(1) (h) 1r.
Two hundred
More than 25 grams but not more than 200 4grams
or less, or
more than 2 but not more than 4
or fewer plants containing
5tetrahydrocannabinols, the person is guilty of a Class I felony.
SB59,2212
6Section
2212. 961.41 (1) (h) 1g. of the statutes is created to read:
SB59,1075,107
961.41
(1) (h) 1g. Twenty-five grams or less, or 2 or fewer plants containing
8tetrahydrocannabinols, the person is guilty of a Class I felony if the person is at least
917 years of age and distributes or delivers to a person who is no more than 17 years
10of age and who is at least 3 years younger than the person distributing or delivering.
SB59,2213
11Section
2213. 961.41 (1m) (h) 1. of the statutes is amended to read: