AB1036,37,1410 938.245 (6) (a) A Except as provided under par. (b), a deferred prosecution
11agreement arising out of an alleged delinquent act is terminated if the district
12attorney files a delinquency petition within 20 days after receipt of notice of the
13deferred prosecution agreement under s. 938.24 (5). If a petition is filed, statements
14made to the intake worker during the intake inquiry are inadmissible.
AB1036,91 15Section 91. 938.245 (6) (b) of the statutes is created to read:
AB1036,37,1816 938.245 (6) (b) If a juvenile qualifies for a deferred prosecution agreement
17under sub. (1g), the district attorney may not file a delinquency petition against the
18juvenile unless one of the following applies:
AB1036,37,2219 1. The juvenile or his or her parent, guardian, or legal custodian fails to respond
20to the intake worker's preliminary inquiry under s. 938.24 (2) (ag) regarding
21eligibility for a deferred prosecution agreement under sub. (1g) or an offer of a
22deferred prosecution agreement under sub. (1g).
AB1036,37,2423 2. The juvenile or his or her parent, guardian, or legal custodian does not
24consent to the deferred prosecution agreement under sub. (1g).
AB1036,38,4
13. The juvenile fails to substantially comply with the conditions in the deferred
2prosecution agreement. Failure to pay a fine or fee may not serve as a basis for filing
3a petition under this paragraph if the juvenile has substantially complied with the
4other conditions in the deferred prosecution agreement.
AB1036,38,55 4. The intake worker refers the case to the district attorney under sub. (1g) (c).
AB1036,92 6Section 92 . 938.255 (1) (intro.) of the statutes is amended to read:
AB1036,38,137 938.255 (1) Title and contents. (intro.) A petition initiating proceedings
8under this chapter, other than a petition initiating proceedings under s. 938.12,
9938.125, or 938.13 (12), shall be entitled, “In the interest of (juvenile's name), a
10person under the age of 18".." A petition initiating proceedings under s. 938.12,
11938.125, or 938.13 (12) shall be entitled, “In the interest of (juvenile's name), a person
12under the age of 17".
juvenile." A petition initiating proceedings under this chapter
13shall specify all of the following:
AB1036,93 14Section 93. 938.31 (3) (a) 1. of the statutes is amended to read:
AB1036,38,2315 938.31 (3) (a) 1. “Custodial interrogation" has the meaning given in s. 968.073
16(1) (a)
means an interrogation by a law enforcement officer or an agent of a law
17enforcement agency of a juvenile who is suspected to have violated any state or
18federal criminal law from the time the juvenile is or should be informed of his or her
19rights to counsel and to remain silent until the questioning ends, during which the
20officer or agent asks a question that is reasonably likely to elicit an incriminating
21response and during which a reasonable juvenile of a similar age would believe that
22he or she is in custody or otherwise deprived of his or her freedom of action in any
23significant way
.
AB1036,94 24Section 94. 938.31 (3) (b) of the statutes is amended to read:
AB1036,39,5
1938.31 (3) (b) Except as provided under par. (c), a statement made by the
2juvenile during a custodial interrogation is not admissible in evidence against the
3juvenile in any court proceeding alleging the juvenile to be delinquent unless the
4requirements of s. 938.195 have been met and
an audio or audio and visual recording
5of the interrogation was made as required under s. 938.195 (2) and is available.
AB1036,95 6Section 95. 938.31 (3) (c) (intro.) of the statutes is amended to read:
AB1036,39,97 938.31 (3) (c) (intro.) A juvenile's statement is not inadmissible in evidence
8under par. (b) if any of the following applies or if other good cause exists for not
9suppressing a juvenile's statement under par. (b)
:
AB1036,96 10Section 96. 938.31 (3) (c) 1. of the statutes is repealed.
AB1036,97 11Section 97. 938.31 (3) (c) 2. of the statutes is repealed.
AB1036,98 12Section 98. 938.31 (3) (c) 3. of the statutes is repealed.
AB1036,99 13Section 99. 938.31 (3) (c) 5. of the statutes is amended to read:
AB1036,39,1614 938.31 (3) (c) 5. Exigent public safety circumstances existed that prevented
15notification under s. 938.195 (1m) or prevented the making of an audio or audio and
16visual recording or rendered the making of such a recording infeasible.
AB1036,100 17Section 100. 938.32 (1x) of the statutes is amended to read:
AB1036,39,2418 938.32 (1x) Supervised work program. If the petition alleges that the juvenile
19violated s. 943.017 and the juvenile has attained 10 13 years of age, the court may
20require, as a condition of the consent decree, that the juvenile participate for not less
21than 10 hours nor more than 100 hours in a supervised work program under s. 938.34
22(5g) or perform not less than 10 hours nor more than 100 hours of other community
23service work, except that if the juvenile has not attained 14 years of age the
24maximum number of hours is a total of 40 under the consent decree.
AB1036,101 25Section 101. 938.34 (4h) (a) of the statutes is amended to read:
AB1036,40,7
1938.34 (4h) (a) The juvenile is 14 16 years of age or over and has been
2adjudicated delinquent for committing or conspiring to commit a violation of s.
3939.31, 939.32 (1) (a), 940.03, 940.06, 940.21, 940.225 (1), 940.305, 940.31, 941.327
4(2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1), 948.025 (1), or 948.30
5(2) or attempting a violation of s. 943.32 (2) or the juvenile is 10 13 years of age or
6over and has been adjudicated delinquent for attempting or committing a violation
7of s. 940.01 or for committing a violation of s. 940.02 or 940.05.
AB1036,102 8Section 102 . 938.34 (8) of the statutes is amended to read:
AB1036,41,69 938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that
10this disposition is in the best interest of the juvenile and the juvenile's rehabilitation.
11The maximum forfeiture that the court may impose under this subsection for a
12violation by a juvenile is the maximum amount of the fine that may be imposed on
13an adult for committing that violation or, if the violation is applicable only to a person
14under 18 years of age
juveniles, $100. The order shall include a finding that the
15juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months
16for payment. If the juvenile fails to pay the forfeiture, the court may vacate the
17forfeiture and order other alternatives under this section; or the court may suspend
18any license issued under ch. 29 for not less than 30 days nor more than 5 years, or
19suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more
20than 2 years. If the court suspends any license under this subsection, the clerk of the
21court shall immediately take possession of the suspended license if issued under ch.
2229 or, if the license is issued under ch. 343, the court may take possession of, and if
23possession is taken, shall destroy, the license. The court shall forward to the
24department which that issued the license a notice of suspension stating that the
25suspension is for failure to pay a forfeiture imposed by the court, together with any

1license issued under ch. 29 of which the court takes possession. If the forfeiture is
2paid during the period of suspension, the suspension shall be reduced to the time
3period which that has already elapsed and the court shall immediately notify the
4department, which shall then, if the license is issued under ch. 29, return the license
5to the juvenile. Any recovery under this subsection shall be reduced by the amount
6recovered as a forfeiture for the same act under s. 938.45 (1r) (b).
AB1036,103 7Section 103 . 938.343 (2) of the statutes is amended to read:
AB1036,41,248 938.343 (2) Forfeiture. Impose a forfeiture not to exceed the maximum
9forfeiture that may be imposed on an adult for committing that violation or, if the
10violation is only applicable to a person under 18 years of age juveniles, $50. The
11order shall include a finding that the juvenile alone is financially able to pay and
12shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture,
13the court may suspend any license issued under ch. 29 or suspend the juvenile's
14operating privilege, as defined in s. 340.01 (40), for not more than 2 years. The court
15shall immediately take possession of the suspended license if issued under ch. 29 or,
16if the license is issued under ch. 343, the court may take possession of, and if
17possession is taken, shall destroy, the license. The court shall forward to the
18department which that issued the license the notice of suspension stating that the
19suspension is for failure to pay a forfeiture imposed by the court, together with any
20license issued under ch. 29 of which the court takes possession. If the forfeiture is
21paid during the period of suspension, the court shall immediately notify the
22department, which shall, if the license is issued under ch. 29, return the license to
23the person. Any recovery under this subsection shall be reduced by the amount
24recovered as a forfeiture for the same act under s. 938.45 (1r) (b).
AB1036,104 25Section 104 . 938.344 (3) of the statutes is amended to read: