AB1036,62 14Section 62. 938.12 (1) of the statutes is amended to read:
AB1036,30,1715 938.12 (1) In general. The court has exclusive jurisdiction, except as provided
16in ss. 938.17, 938.18, and 938.183, over any juvenile 10 13 years of age or older who
17is alleged to be delinquent.
AB1036,63 18Section 63 . 938.12 (2) of the statutes is amended to read:
AB1036,30,2319 938.12 (2) Seventeen-year-olds Juveniles who become adults. If a petition
20alleging that a juvenile is delinquent is filed before the juvenile is 17 years of age
21becomes an adult, but the juvenile becomes 17 years of age an adult before admitting
22the facts of the petition at the plea hearing or, if the juvenile denies the facts, before
23an adjudication, the court retains jurisdiction over the case.
AB1036,64 24Section 64. 938.13 (12) of the statutes is amended to read:
AB1036,31,2
1938.13 (12) Delinquent act before age 10 13 . The juvenile is under 10 13 years
2of age and has committed a delinquent act.
AB1036,65 3Section 65 . 938.18 (1) (a) of the statutes is amended to read:
AB1036,31,64 938.18 (1) (a) The juvenile is alleged to have violated s. 940.03, 940.06, 940.225
5(1) or (2), 940.305 (2), 940.31 (1) or (2) (b), 943.10 (2), 943.32 (2), 943.87 or 961.41 (1)
6on or after the juvenile's 14th 16th birthday.
AB1036,66 7Section 66 . 938.18 (1) (b) of the statutes is amended to read:
AB1036,31,118 938.18 (1) (b) The juvenile is alleged to have committed a violation on or after
9the juvenile's 14th 16th birthday at the request of or for the benefit of a criminal gang,
10as defined in s. 939.22 (9), that would constitute a felony under chs. 939 to 948 or 961
11if committed by an adult.
AB1036,67 12Section 67 . 938.18 (1) (bm) of the statutes is created to read:
AB1036,31,1413 938.18 (1) (bm) The juvenile is alleged to have committed a violation on or after
14the juvenile's 14th birthday that would constitute a Class A or Class B felony.
AB1036,68 15Section 68 . 938.18 (1) (c) of the statutes is repealed.
AB1036,69 16Section 69 . 938.18 (2) of the statutes is amended to read:
AB1036,31,2517 938.18 (2) Petition. The petition for waiver of jurisdiction may be filed by the
18district attorney or the juvenile or may be initiated by the court and shall contain a
19brief statement of the facts supporting the request for waiver. The petition for waiver
20of jurisdiction shall be accompanied by or filed after the filing of a petition alleging
21delinquency and shall be filed prior to the plea hearing, except that if the juvenile
22denies the facts of the petition and becomes 17 years of age an adult before an
23adjudication, the petition for waiver of jurisdiction may be filed at any time prior to
24the adjudication. If the court initiates the petition for waiver of jurisdiction, the
25judge shall disqualify himself or herself from any future proceedings on the case.
AB1036,70
1Section 70. 938.183 (1) (intro.) of the statutes is amended to read:
AB1036,32,42 938.183 (1) Juveniles under adult court jurisdiction. (intro.)
3Notwithstanding ss. 938.12 (1) and 938.18, but subject to sub. (1d), courts of criminal
4jurisdiction have exclusive original jurisdiction over all of the following:
AB1036,71 5Section 71. 938.183 (1) (am) of the statutes is amended to read:
AB1036,32,86 938.183 (1) (am) A juvenile who is alleged to have attempted or committed a
7violation of s. 940.01 or to have committed a violation of s. 940.02 or 940.05 on or after
8the juvenile's 10th 13th birthday.
AB1036,72 9Section 72. 938.183 (1d) of the statutes is created to read:
AB1036,32,1610 938.183 (1d) Nonapplicability. A court of criminal jurisdiction does not have
11exclusive original jurisdiction over a juvenile as provided in sub. (1) with respect to
12any violation committed on or after the effective date of this subsection .... [LRB
13inserts date]. A juvenile who is alleged to have committed a violation described in
14sub. (1) on or after the effective date of this subsection .... [LRB inserts date], is
15subject to the jurisdiction of the court assigned to exercise jurisdiction under this
16chapter as provided in s. 938.12.
AB1036,73 17Section 73 . 938.183 (3) of the statutes is amended to read:
AB1036,32,2518 938.183 (3) Placement in state prison; parole. When Subject to s. 973.013
19(3m), when
a juvenile who is subject to a criminal penalty under sub. (1m) or s.
20938.183 (2), 2003 stats., attains the age of 17 years becomes an adult, the department
21of corrections may place the juvenile in a state prison named in s. 302.01, except that
22that department may not place any person under the age of 18 years in the
23correctional institution authorized in s. 301.16 (1n). A juvenile who is subject to a
24criminal penalty under sub. (1m) or under s. 938.183 (2), 2003 stats., for an act
25committed before December 31, 1999, is eligible for parole under s. 304.06.
AB1036,74
1Section 74. 938.195 (title) of the statutes is amended to read:
AB1036,33,3 2938.195 (title) Recording custodial Custodial interrogations;
3notification; recording
.
AB1036,75 4Section 75. 938.195 (1) (a) of the statutes is amended to read:
AB1036,33,135 938.195 (1) (a) “Custodial interrogation" has the meaning given in s. 968.073
6(1) (a)
means an interrogation by a law enforcement officer or an agent of a law
7enforcement agency of a juvenile who is suspected to have violated any state or
8federal criminal law from the time the juvenile is or should be informed of his or her
9rights to counsel and to remain silent until the questioning ends, during which the
10officer or agent asks a question that is reasonably likely to elicit an incriminating
11response and during which a reasonable juvenile of a similar age would believe that
12he or she is in custody or otherwise deprived of his or her freedom of action in any
13significant way
.
AB1036,76 14Section 76. 938.195 (1m) of the statutes is created to read:
AB1036,33,2115 938.195 (1m) Notification of parent, guardian, legal custodian, or Indian
16custodian.
Prior to conducting a custodial interrogation of a juvenile, the law
17enforcement agency that intends to conduct the interrogation shall provide notice of
18that intent to the juvenile's parent, guardian, legal custodian, or Indian custodian.
19No law enforcement officer or agent of a law enforcement agency may commence a
20custodial interrogation of a juvenile until the juvenile's parent, guardian, legal
21custodian, or Indian custodian has received that notice.