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 of the statutes is repealed.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:
AB1036,42,8
1938.344
(3) Prosecution in adult court. If the juvenile alleged to have
2committed the violation is within 3 months of
his or her 17th birthday becoming an
3adult, the court assigned to exercise jurisdiction under this chapter and ch. 48 may,
4at the request of the district attorney or on its own motion, dismiss the citation
5without prejudice and refer the matter to the district attorney for prosecution under
6s. 125.07 (4). The juvenile is entitled to a hearing only on the issue of his or her age.
7This subsection does not apply to violations under s. 961.573 (2), 961.574 (2)
, or
8961.575 (2) or a local ordinance that strictly conforms to one of those statutes.
AB1036,105
9Section 105
. 938.35 (1m) of the statutes is amended to read:
AB1036,42,1510
938.35
(1m) Future criminal proceedings barred. Disposition by the court
11assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation
12under s. 938.12 or 938.13 (12) shall bar any future proceeding on the same matter
13in criminal court when the juvenile
attains 17 years of age becomes an adult. This
14subsection does not affect proceedings in criminal court that have been transferred
15under s. 938.18.
AB1036,106
16Section
106. 938.355 (4) (am) 3. of the statutes is repealed.
AB1036,107
17Section
107. 938.355 (4) (am) 4. of the statutes is amended to read:
AB1036,43,918
938.355
(4) (am) 4. The date on which the juvenile
is granted a high school or
19high school equivalency diploma or the date on which the juvenile attains 21 years
20of age,
whichever occurs first, if the juvenile is a full-time student at a secondary
21school or its vocational or technical equivalent and
if an individualized education
22program under s. 115.787 is in effect for the juvenile is reasonably expected to
23complete the program before attaining 21 years of age; is enrolled in an institution
24that provides postsecondary or vocational education; is participating in a program
25or activity designed to promote, or remove barriers to, employment; is employed for
1at least 80 hours per month; or is incapable of doing any of those activities due to a
2medical condition, which incapacity is supported by regularly updated information
3in the juvenile's permanency plan. The court may not grant an order that terminates
4as provided in this subdivision unless the juvenile is 17 years of age or older when
5the order is granted and the juvenile, or the juvenile's guardian on behalf of the
6juvenile, agrees to the order. At any time after the juvenile attains 18 years of age,
7the juvenile, or the juvenile's guardian on behalf of the juvenile, may request the
8court in writing to terminate the order and, on receipt of such a request, the court,
9without a hearing, shall terminate the order.
AB1036,108
10Section 108
. 938.355 (4) (b) of the statutes is amended to read:
AB1036,44,611
938.355
(4) (b) Except as provided in s. 938.368, an order under s. 938.34 (4d)
12or (4m) made before the juvenile attains 18 years of age may apply for up to 2 years
13after the date on which the order is granted or until the juvenile's
18th 19th birthday,
14whichever is earlier, unless the court specifies a shorter period of time or the court
15terminates the order sooner. If the order does not specify a termination date, it shall
16apply for one year after the date on which the order is granted or until the juvenile's
1718th 19th birthday, whichever is earlier, unless the court terminates the order
18sooner. Except as provided in s. 938.368, an order under s. 938.34 (4h) made before
19the juvenile attains 18 years of age shall apply for 5 years after the date on which the
20order is granted, if the juvenile is adjudicated delinquent for committing a violation
21of s. 943.10 (2) or for committing an act that would be punishable as a Class B or C
22felony if committed by an adult, or until the juvenile reaches 25 years of age, if the
23juvenile is adjudicated delinquent for committing an act that would be punishable
24as a Class A felony if committed by an adult. Except as provided in s. 938.368, an
25extension of an order under s. 938.34 (4d), (4h), (4m), or (4n) made before the juvenile
1attains 17 years of age becomes an adult shall terminate at the end of one year after
2the date on which the order is granted unless the court specifies a shorter period of
3time or the court terminates the order sooner. No extension under s. 938.365 of an
4original dispositional order under s. 938.34 (4d), (4h), (4m), or (4n) may be granted
5for a juvenile who
is 17 years of age or older when
becomes an adult by the time the
6original dispositional order terminates.
AB1036,109
7Section 109
. 938.355 (4m) (a) of the statutes is amended to read:
AB1036,44,138
938.355
(4m) (a) A juvenile who has been adjudged delinquent under s. 48.12,
91993 stats., or s. 938.12 may, on
attaining 17 years of age becoming an adult, petition
10the court to expunge the court's record of the juvenile's adjudication. Subject to par.
11(b), the court may expunge the record if the court determines that the juvenile has
12satisfactorily complied with the conditions of his or her dispositional order and that
13the juvenile will benefit from, and society will not be harmed by, the expungement.
AB1036,110
14Section
110. 938.357 (6) (a) 3. of the statutes is repealed.
AB1036,111
15Section
111. 938.357 (6) (a) 4. of the statutes is amended to read:
AB1036,45,716
938.357
(6) (a) 4. The date on which the juvenile
is granted a high school or high
17school equivalency diploma or the date on which the juvenile attains 21 years of age,
18whichever occurs first, if the juvenile is a full-time student at a secondary school or
19its vocational or technical equivalent and
if an individualized education program
20under s. 115.787 is in effect for the juvenile is reasonably expected to complete the
21program before attaining 21 years of age; is enrolled in an institution that provides
22postsecondary or vocational education; is participating in a program or activity
23designed to promote, or remove barriers to, employment; is employed for at least 80
24hours per month; or is incapable of doing any of those activities due to a medical
25condition, which incapacity is supported by regularly updated information in the
1juvenile's permanency plan. The court may not grant an order that terminates as
2provided in this subdivision unless the juvenile is 17 years of age or older when the
3order is granted and the juvenile, or the juvenile's guardian on behalf of the juvenile,
4agrees to the order. At any time after the juvenile attains 18 years of age, the
5juvenile, or the juvenile's guardian on behalf of the juvenile, may request the court
6in writing to terminate the order and, on receipt of such a request, the court, without
7a hearing, shall terminate the order.
AB1036,112
8Section
112. 938.365 (5) (b) 3. of the statutes is repealed.
AB1036,113
9Section
113. 938.365 (5) (b) 4. of the statutes is amended to read:
AB1036,46,210
938.365
(5) (b) 4. The date on which the juvenile
is granted a high school or high
11school equivalency diploma or the date on which the juvenile attains 21 years of age,
12whichever occurs first, if the juvenile is a full-time student at a secondary school or
13its vocational or technical equivalent and
if an individualized education program
14under s. 115.787 is in effect for the juvenile is reasonably expected to complete the
15program before attaining 21 years of age; is enrolled in an institution that provides
16postsecondary or vocational education; is participating in a program or activity
17designed to promote, or remove barriers to, employment; is employed for at least 80
18hours per month; or is incapable of doing any of those activities due to a medical
19condition, which incapacity is supported by regularly updated information in the
20juvenile's permanency plan. The court may not grant an order that terminates as
21provided in this subdivision unless the juvenile is 17 years of age or older when the
22order is granted and the juvenile, or the juvenile's guardian on behalf of the juvenile,
23agrees to the order. At any time after the juvenile attains 18 years of age, the
24juvenile, or the juvenile's guardian on behalf of the juvenile, may request the court
1in writing to terminate the order and, on receipt of such a request, the court, without
2a hearing, shall terminate the order.
AB1036,114
3Section
114. 938.366 (1) (intro.) of the statutes is amended to read: