SB70-SSA2-SA2,277,3
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.
SB70-SSA2-SA2,277,75
301.12
(2m) The liability specified in sub. (2) shall not apply to
persons 17 and
6older adults receiving care, maintenance, services
, and supplies provided by prisons
7named in s. 302.01.
SB70-SSA2-SA2,277,199
301.12
(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 promulgated
17by the department under s. 301.03 (18). Any liability of the resident not payable by
18any other person terminates when the resident
reaches age 17 becomes an adult,
19unless the liable person has prevented payment by any act or omission.
SB70-SSA2-SA2,278,221
302.31
(7) The temporary placement of persons in the custody of the
22department, other than
persons under 17 years of age
minors, and
persons who have
23attained the age of 17 years but have not attained adults under the age of 25 years
24who are under the supervision of the department under s. 938.355 (4) and who have
1been taken into custody pending revocation of community supervision or aftercare
2supervision under s. 938.357 (5) (e).
SB70-SSA2-SA2,278,74
938.02
(1) “Adult" means a person who is 18 years of age or older
, except that
5for purposes of investigating or prosecuting a person who is alleged to have violated
6any state or federal criminal law or any civil law or municipal ordinance, “
adult" 7means a person who has attained 17 years of age.
SB70-SSA2-SA2,278,139
938.02
(10m) “Juvenile," when used without further qualification, means a
10person who is less than 18 years of age
, except that for purposes of investigating or
11prosecuting a person who is alleged to have violated a state or federal criminal law
12or any civil law or municipal ordinance, “juvenile" does not include a person who has
13attained 17 years of age.
SB70-SSA2-SA2,278,1915
938.12
(2) Seventeen-year-olds Juveniles who become adults. If a petition
16alleging that a juvenile is delinquent is filed before the juvenile
is 17 years of age 17becomes an adult, but the juvenile becomes
17 years of age an adult before admitting
18the facts of the petition at the plea hearing or
, if the juvenile denies the facts, before
19an adjudication, the court retains jurisdiction over the case.
SB70-SSA2-SA2,279,421
938.18
(2) Petition. The petition for waiver of jurisdiction may be filed by the
22district attorney or the juvenile or may be initiated by the court and shall contain a
23brief statement of the facts supporting the request for waiver. The petition for waiver
24of jurisdiction shall be accompanied by or filed after the filing of a petition alleging
25delinquency and shall be filed prior to the plea hearing, except that if the juvenile
1denies the facts of the petition and becomes
17 years of age an adult before an
2adjudication, the petition for waiver of jurisdiction may be filed at any time prior to
3the adjudication. If the court initiates the petition for waiver of jurisdiction, the
4judge shall disqualify himself or herself from any future proceedings on the case.
SB70-SSA2-SA2,279,136
938.183
(3) Placement in state prison; parole. When Subject to s. 973.013
7(3m), when a juvenile who is subject to a criminal penalty under sub. (1m) or s.
8938.183 (2), 2003 stats.,
attains the age of 17 years becomes an adult, the department
9of corrections may place the juvenile in a state prison named in s. 302.01, except that
10that department may not place any person under the age of 18 years in the
11correctional institution authorized in s. 301.16 (1n). A juvenile who is subject to a
12criminal penalty under sub. (1m) or under s. 938.183 (2), 2003 stats., for an act
13committed before December 31, 1999, is eligible for parole under s. 304.06.
SB70-SSA2-SA2,589
14Section
589. 938.255 (1) (intro.) of the statutes is amended to read:
SB70-SSA2-SA2,279,2115
938.255
(1) Title and contents. (intro.) A petition initiating proceedings
16under this chapter, other than a petition initiating proceedings under s. 938.12,
17938.125, or 938.13 (12), shall be entitled, “In the interest of (juvenile's name), a
18person under the age of 18
".." A petition initiating proceedings under s. 938.12,
19938.125, or 938.13 (12) shall be entitled, “In the interest of (juvenile's name), a
person
20under the age of 17". juvenile." A petition initiating proceedings under this chapter
21shall specify all of the following:
SB70-SSA2-SA2,280,2023
938.34
(8) Forfeiture. Impose a forfeiture based upon a determination that
24this disposition is in the best interest of the juvenile and the juvenile's rehabilitation.
25The maximum forfeiture that the court may impose under this subsection for a
1violation by a juvenile is the maximum amount of the fine that may be imposed on
2an adult for committing that violation or, if the violation is applicable only to
a person
3under 18 years of age juveniles, $100. The order shall include a finding that the
4juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months
5for payment. If the juvenile fails to pay the forfeiture, the court may vacate the
6forfeiture and order other alternatives under this section; or the court may suspend
7any license issued under ch. 29 for not less than 30 days nor more than 5 years, or
8suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more
9than 2 years. If the court suspends any license under this subsection, the clerk of the
10court shall immediately take possession of the suspended license if issued under ch.
1129 or, if the license is issued under ch. 343, the court may take possession of, and if
12possession is taken, shall destroy, the license. The court shall forward to the
13department
which that issued the license a notice of suspension stating that the
14suspension is for failure to pay a forfeiture imposed by the court, together with any
15license issued under ch. 29 of which the court takes possession. If the forfeiture is
16paid during the period of suspension, the suspension shall be reduced to the time
17period
which that has already elapsed and the court shall immediately notify the
18department
, which shall then, if the license is issued under ch. 29, return the license
19to the juvenile. Any recovery under this subsection shall be reduced by the amount
20recovered as a forfeiture for the same act under s. 938.45 (1r) (b).
SB70-SSA2-SA2,281,1322
938.343
(2) Forfeiture. Impose a forfeiture not to exceed the maximum
23forfeiture that may be imposed on an adult for committing that violation or, if the
24violation is only applicable to
a person under 18 years of age juveniles, $50. The
25order shall include a finding that the juvenile alone is financially able to pay and
1shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture,
2the court may suspend any license issued under ch. 29 or suspend the juvenile's
3operating privilege, as defined in s. 340.01 (40), for not more than 2 years. The court
4shall immediately take possession of the suspended license if issued under ch. 29 or,
5if the license is issued under ch. 343, the court may take possession of, and if
6possession is taken, shall destroy, the license. The court shall forward to the
7department
which that issued the license the notice of suspension stating that the
8suspension is for failure to pay a forfeiture imposed by the court, together with any
9license issued under ch. 29 of which the court takes possession. If the forfeiture is
10paid during the period of suspension, the court shall immediately notify the
11department, which shall, if the license is issued under ch. 29, return the license to
12the person. Any recovery under this subsection shall be reduced by the amount
13recovered as a forfeiture for the same act under s. 938.45 (1r) (b).
SB70-SSA2-SA2,281,2215
938.344
(3) Prosecution in adult court. If the juvenile alleged to have
16committed the violation is within 3 months of
his or her 17th birthday becoming an
17adult, the court assigned to exercise jurisdiction under this chapter and ch. 48 may,
18at the request of the district attorney or on its own motion, dismiss the citation
19without prejudice and refer the matter to the district attorney for prosecution under
20s. 125.07 (4). The juvenile is entitled to a hearing only on the issue of his or her age.
21This subsection does not apply to violations under s. 961.573 (2), 961.574 (2)
, or
22961.575 (2) or a local ordinance that strictly conforms to one of those statutes.
SB70-SSA2-SA2,282,424
938.35
(1m) Future criminal proceedings barred. Disposition by the court
25assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation
1under s. 938.12 or 938.13 (12) shall bar any future proceeding on the same matter
2in criminal court when the juvenile
attains 17 years of age becomes an adult. This
3subsection does not affect proceedings in criminal court that have been transferred
4under s. 938.18.
SB70-SSA2-SA2,283,26
938.355
(4) (b) Except as provided in s. 938.368, an order under s. 938.34 (4d)
7or (4m) made before the juvenile attains 18 years of age may apply for up to 2 years
8after the date on which the order is granted or until the juvenile's
18th 19th birthday,
9whichever is earlier, unless the court specifies a shorter period of time or the court
10terminates the order sooner. If the order does not specify a termination date, it shall
11apply for one year after the date on which the order is granted or until the juvenile's
1218th 19th birthday, whichever is earlier, unless the court terminates the order
13sooner. Except as provided in s. 938.368, an order under s. 938.34 (4h) made before
14the juvenile attains 18 years of age shall apply for 5 years after the date on which the
15order is granted, if the juvenile is adjudicated delinquent for committing a violation
16of s. 943.10 (2) or for committing an act that would be punishable as a Class B or C
17felony if committed by an adult, or until the juvenile reaches 25 years of age, if the
18juvenile is adjudicated delinquent for committing an act that would be punishable
19as a Class A felony if committed by an adult. Except as provided in s. 938.368, an
20extension of an order under s. 938.34 (4d), (4h), (4m), or (4n) made before the juvenile
21attains 17 years of age becomes an adult shall terminate at the end of one year after
22the date on which the order is granted unless the court specifies a shorter period of
23time or the court terminates the order sooner. No extension under s. 938.365 of an
24original dispositional order under s. 938.34 (4d), (4h), (4m), or (4n) may be granted
1for a juvenile who
is 17 years of age or older when becomes an adult by the time the
2original dispositional order terminates.