Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1163 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1163
5	5	March 22, 2024 - Introduced by Representatives DOYLE, JACOBSON, BARE, STUBBS,
6	6	EMERSON, CONLEY, SNODGRASS, PALMERI, CONSIDINE, CLANCY, MOORE
7	7	OMOKUNDE, DRAKE, JOERS, SUBECK, SINICKI, MYERS, ANDRACA, C. ANDERSON,
8	8	OHNSTAD, SHELTON, MADISON and HAYWOOD, cosponsored by Senators ROYS, L.
9	9	JOHNSON, SPREITZER, HESSELBEIN and LARSON. Referred to Committee on
10	10	Criminal Justice and Public Safety.
11	11	AN ACT to amend 48.02 (1d), 48.02 (2), subchapter IX (title) of chapter 48
12	12	[precedes 48.44], 48.44, 48.45 (1) (a), 48.45 (1) (am), 48.45 (3), 118.163 (4),
13	13	125.07 (4) (d), 125.07 (4) (e) 1., 125.085 (3) (bt), 165.83 (1) (c) 1., 165.83 (1) (c)
14	14	2., 301.12 (2m), 301.12 (14) (a), 302.31 (7), 938.02 (1), 938.02 (10m), 938.12 (2),
15	15	938.18 (2), 938.183 (3), 938.255 (1) (intro.), 938.34 (8), 938.343 (2), 938.344 (3),
16	16	938.35 (1m), 938.355 (4) (b), 938.355 (4m) (a), 938.39, subchapter IX (title) of
17	17	chapter 938 [precedes 938.44], 938.44, 938.45 (1) (a), 938.45 (3), 938.48 (4m)
18	18	(title), 938.48 (4m) (a), 938.48 (4m) (b), 938.48 (14), 938.57 (3) (title), 938.57 (3)
19	19	(a) (intro.), 938.57 (3) (a) 1., 938.57 (3) (a) 3., 938.57 (3) (b), 946.50 (intro.),
20	20	948.01 (1), 948.11 (2) (am) (intro.), 948.45 (1), 948.60 (2) (d), 948.61 (4), 961.455
21	21	(title), 961.455 (1), 961.455 (2), 961.46, 961.573 (2), 961.574 (2), 961.575 (1),
22	22	961.575 (2), 961.575 (3), 990.01 (3) and 990.01 (20); and to create 20.437 (1) (cL)
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36	36	ASSEMBLY BILL 1163
37	37	and 48.5275 of the statutes; relating to: the age of juvenile court jurisdiction
38	38	and making an appropriation.
39	39	Analysis by the Legislative Reference Bureau
40	40	Age of juvenile court jurisdiction
41	41	This bill raises from 17 to 18 the age at which a person who is alleged to have
42	42	violated a criminal law is subject to the procedures specified in the Criminal
43	43	Procedure Code and, on conviction, to sentencing under the Criminal Code. The bill
44	44	raises from 17 to 18 the age at which a person who is alleged to have violated a civil
45	45	law or municipal ordinance is subject to the jurisdiction and procedures of the circuit
46	46	court or, if applicable, the municipal court.
47	47	Under current law, a person 17 years of age or older who is alleged to have
48	48	violated a criminal law is subject to the procedures specified in the Criminal
49	49	Procedure Code and, on conviction, is subject to sentencing under the Criminal Code,
50	50	which may include a sentence of imprisonment in the Wisconsin state prisons.
51	51	Currently, subject to certain exceptions, a person under 17 years of age who is alleged
52	52	to have violated a criminal law is subject to the procedures specified in the Juvenile
53	53	Justice Code and, on being adjudicated delinquent, is subject to an array of
54	54	dispositions under that code, including placement in a juvenile correctional facility.
55	55	Similarly, under current law, a person 17 years of age or older who is alleged to
56	56	have violated a civil law or municipal ordinance is subject to the jurisdiction and
57	57	procedures of the circuit court or, if applicable, the municipal court, while a person
58	58	under 17 years of age who is alleged to have violated a civil law or municipal
59	59	ordinance, subject to certain exceptions, is subject to the jurisdiction and procedures
60	60	of the court assigned to exercise jurisdiction under the Juvenile Justice Code.
61	61	Seventeen-year-old juvenile justice aids
62	62	Under current law, counties are responsible for paying the costs associated with
63	63	juvenile delinquency-related services, including the costs for a placement of a
64	64	juvenile in a juvenile correctional facility, juvenile detention facility, or the juvenile
65	65	portion of a county jail. The bill creates a sum sufficient appropriation for
66	66	Department of Children and Families to reimburse counties, beginning on January
67	67	1, 2024, for costs associated with juveniles who were alleged to have violated a state
68	68	or federal criminal law or any civil law or municipal ordinance at age 17.
69	69	For further information see the state and local fiscal estimate, which will be
70	70	printed as an appendix to this bill.
71	71	The people of the state of Wisconsin, represented in senate and assembly, do
72	72	enact as follows:
73	73	SECTION 1. 20.437 (1) (cL) of the statutes is created to read:
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79	79	SECTION 1
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81	81	20.437 (1) (cL) Seventeen-year-old juvenile justice aids. A sum sufficient for
82	82	the purposes under s. 48.5275.
83	83	SECTION 2. 48.02 (1d) of the statutes is amended to read:
84	84	48.02 (1d) “Adult" means a person who is 18 years of age or older, except that
85	85	for purposes of investigating or prosecuting a person who is alleged to have violated
86	86	any state or federal criminal law or any civil law or municipal ordinance, “adult"
87	87	means a person who has attained 17 years of age.
88	88	SECTION 3. 48.02 (2) of the statutes is amended to read:
89	89	48.02 (2) “Child," when used without further qualification, means a person who
90	90	is less than 18 years of age, except that for purposes of investigating or prosecuting
91	91	a person who is alleged to have violated a state or federal criminal law or any civil
92	92	law or municipal ordinance, “child" does not include a person who has attained 17
93	93	years of age.
94	94	SECTION 4. Subchapter IX (title) of chapter 48 [precedes 48.44] of the statutes
95	95	is amended to read:
96	96	CHAPTER 48
97	97	SUBCHAPTER IX
98	98	JURISDICTION OVER PERSON 17
99	99	OR OLDER ADULTS
100	100	SECTION 5. 48.44 of the statutes is amended to read:
101	101	48.44 Jurisdiction over persons 17 or older adults. The court has
102	102	jurisdiction over persons 17 years of age or older adults as provided under ss. 48.133,
103	103	48.355 (4), 48.357 (6), 48.365 (5), and 48.45 and as otherwise specifically provided in
104	104	this chapter.
105	105	SECTION 6. 48.45 (1) (a) of the statutes is amended to read:
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132	132	SECTION 6 ASSEMBLY BILL 1163
133	133	48.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition
134	134	described in s. 48.13 it appears that any person 17 years of age or older adult has been
135	135	guilty of contributing to, encouraging, or tending to cause by any act or omission,
136	136	such that condition of the child, the judge may make orders with respect to the
137	137	conduct of such that person in his or her relationship to the child, including orders
138	138	determining the ability of the person to provide for the maintenance or care of the
139	139	child and directing when, how, and from where funds for the maintenance or care
140	140	shall be paid.
141	141	SECTION 7. 48.45 (1) (am) of the statutes is amended to read:
142	142	48.45 (1) (am) If in the hearing of a case of an unborn child and the unborn
143	143	child's expectant mother alleged to be in a condition described in s. 48.133 it appears
144	144	that any person 17 years of age or over adult has been guilty of contributing to,
145	145	encouraging, or tending to cause by any act or omission, such that condition of the
146	146	unborn child and expectant mother, the judge may make orders with respect to the
147	147	conduct of such that person in his or her relationship to the unborn child and
148	148	expectant mother.
149	149	SECTION 8. 48.45 (3) of the statutes is amended to read:
150	150	48.45 (3) If it appears at a court hearing that any person 17 years of age or older
151	151	adult has violated s. 948.40, the judge shall refer the record to the district attorney
152	152	for criminal proceedings as may be warranted in the district attorney's judgment.
153	153	This subsection does not prevent prosecution of violations of s. 948.40 without the
154	154	prior reference by the judge to the district attorney, as in other criminal cases.
155	155	SECTION 9. 48.5275 of the statutes is created to read:
156	156	48.5275 Seventeen-year-old juvenile justice aids. Notwithstanding s.
157	157	48.526, from the appropriation under s. 20.437 (1) (cL), beginning on January 1,
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185	185	SECTION 9
186	186	ASSEMBLY BILL 1163
187	187	2024, the department shall reimburse counties for the costs under s. 48.526 (2) (c)
188	188	associated with juveniles who were alleged to have violated a state or federal
189	189	criminal law or any civil law or municipal ordinance at age 17.
190	190	SECTION 10. 118.163 (4) of the statutes is amended to read:
191	191	118.163 (4) A person who is under 17 years of age a minor on the date of
192	192	disposition is subject to s. 938.342.
193	193	SECTION 11. 125.07 (4) (d) of the statutes is amended to read:
194	194	125.07 (4) (d) A person who is under 17 years of age a minor on the date of
195	195	disposition is subject to s. 938.344 unless proceedings have been instituted against
196	196	the person in a court of civil or criminal jurisdiction after dismissal of the citation
197	197	under s. 938.344 (3).
198	198	SECTION 12. 125.07 (4) (e) 1. of the statutes is amended to read:
199	199	125.07 (4) (e) 1. In this paragraph, “defendant" means a person found guilty
200	200	of violating par. (a) or (b) who is 17, 18, 19 or 20 an adult under 21 years of age.
201	201	SECTION 13. 125.085 (3) (bt) of the statutes is amended to read:
202	202	125.085 (3) (bt) A person who is under 17 years of age a minor on the date of
203	203	disposition is subject to s. 938.344 unless proceedings have been instituted against
204	204	the person in a court of civil or criminal jurisdiction after dismissal of the citation
205	205	under s. 938.344 (3).
206	206	SECTION 14. 165.83 (1) (c) 1. of the statutes is amended to read:
207	207	165.83 (1) (c) 1. An act that is committed by a person who has attained the age
208	208	of 17 an adult and that is a felony or a misdemeanor.
209	209	SECTION 15. 165.83 (1) (c) 2. of the statutes is amended to read:
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234	234	SECTION 15 ASSEMBLY BILL 1163
235	235	165.83 (1) (c) 2. An act that is committed by a person minor who has attained
236	236	the age of 10 but who has not attained the age of 17 and that would be a felony or
237	237	misdemeanor if committed by an adult.
238	238	SECTION 16. 301.12 (2m) of the statutes is amended to read:
239	239	301.12 (2m) The liability specified in sub. (2) shall not apply to persons 17 and
240	240	older adults receiving care, maintenance, services, and supplies provided by prisons
241	241	named in s. 302.01.
242	242	SECTION 17. 301.12 (14) (a) of the statutes is amended to read:
243	243	301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person
244	244	specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17
245	245	years of age minors in residential, nonmedical facilities such as group homes, foster
246	246	homes, residential care centers for children and youth, and juvenile correctional
247	247	institutions is determined in accordance with the cost-based fee established under
248	248	s. 301.03 (18). The department shall bill the liable person up to any amount of
249	249	liability not paid by an insurer under s. 632.89 (2) or (4m) or by other 3rd-party
250	250	benefits, subject to rules that include formulas governing ability to pay promulgated
251	251	by the department under s. 301.03 (18). Any liability of the resident not payable by
252	252	any other person terminates when the resident reaches age 17 becomes an adult,
253	253	unless the liable person has prevented payment by any act or omission.
254	254	SECTION 18. 302.31 (7) of the statutes is amended to read:
255	255	302.31 (7) The temporary placement of persons in the custody of the
256	256	department, other than persons under 17 years of age minors, and persons who have
257	257	attained the age of 17 years but have not attained adults under the age of 25 years
258	258	who are under the supervision of the department under s. 938.355 (4) and who have
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285	285	SECTION 18
286	286	ASSEMBLY BILL 1163
287	287	been taken into custody pending revocation of community supervision or aftercare
288	288	supervision under s. 938.357 (5) (e).
289	289	SECTION 19. 938.02 (1) of the statutes is amended to read:
290	290	938.02 (1) “Adult" means a person who is 18 years of age or older, except that
291	291	for purposes of investigating or prosecuting a person who is alleged to have violated
292	292	any state or federal criminal law or any civil law or municipal ordinance, “adult"
293	293	means a person who has attained 17 years of age.
294	294	SECTION 20. 938.02 (10m) of the statutes is amended to read:
295	295	938.02 (10m) “Juvenile," when used without further qualification, means a
296	296	person who is less than 18 years of age, except that for purposes of investigating or
297	297	prosecuting a person who is alleged to have violated a state or federal criminal law
298	298	or any civil law or municipal ordinance, “juvenile" does not include a person who has
299	299	attained 17 years of age.
300	300	SECTION 21. 938.12 (2) of the statutes is amended to read:
301	301	938.12 (2) SEVENTEEN-YEAR-OLDS JUVENILES WHO BECOME ADULTS. If a petition
302	302	alleging that a juvenile is delinquent is filed before the juvenile is 17 years of age
303	303	becomes an adult, but the juvenile becomes 17 years of age an adult before admitting
304	304	the facts of the petition at the plea hearing or, if the juvenile denies the facts, before
305	305	an adjudication, the court retains jurisdiction over the case.
306	306	SECTION 22. 938.18 (2) of the statutes is amended to read:
307	307	938.18 (2) PETITION. The petition for waiver of jurisdiction may be filed by the
308	308	district attorney or the juvenile or may be initiated by the court and shall contain a
309	309	brief statement of the facts supporting the request for waiver. The petition for waiver
310	310	of jurisdiction shall be accompanied by or filed after the filing of a petition alleging
311	311	delinquency and shall be filed prior to the plea hearing, except that if the juvenile
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338	338	SECTION 22 ASSEMBLY BILL 1163
339	339	denies the facts of the petition and becomes 17 years of age an adult before an
340	340	adjudication, the petition for waiver of jurisdiction may be filed at any time prior to
341	341	the adjudication. If the court initiates the petition for waiver of jurisdiction, the
342	342	judge shall disqualify himself or herself from any future proceedings on the case.
343	343	SECTION 23. 938.183 (3) of the statutes is amended to read:
344	344	938.183 (3) PLACEMENT IN STATE PRISON; PAROLE. When Subject to s. 973.013
345	345	(3m), when a juvenile who is subject to a criminal penalty under sub. (1m) or s.
346	346	938.183 (2), 2003 stats., attains the age of 17 years becomes an adult, the department
347	347	of corrections may place the juvenile in a state prison named in s. 302.01, except that
348	348	that department may not place any person under the age of 18 years in the
349	349	correctional institution authorized in s. 301.16 (1n). A juvenile who is subject to a
350	350	criminal penalty under sub. (1m) or under s. 938.183 (2), 2003 stats., for an act
351	351	committed before December 31, 1999, is eligible for parole under s. 304.06.
352	352	SECTION 24. 938.255 (1) (intro.) of the statutes is amended to read:
353	353	938.255 (1) TITLE AND CONTENTS. (intro.) A petition initiating proceedings
354	354	under this chapter, other than a petition initiating proceedings under s. 938.12,
355	355	938.125, or 938.13 (12), shall be entitled, “In the interest of (juvenile's name), a
356	356	person under the age of 18".." A petition initiating proceedings under s. 938.12,
357	357	938.125, or 938.13 (12) shall be entitled, “In the interest of (juvenile's name), a person
358	358	under the age of 17". juvenile." A petition initiating proceedings under this chapter
359	359	shall specify all of the following:
360	360	SECTION 25. 938.34 (8) of the statutes is amended to read:
361	361	938.34 (8) FORFEITURE. Impose a forfeiture based upon a determination that
362	362	this disposition is in the best interest of the juvenile and the juvenile's rehabilitation.
363	363	The maximum forfeiture that the court may impose under this subsection for a
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391	391	SECTION 25
392	392	ASSEMBLY BILL 1163
393	393	violation by a juvenile is the maximum amount of the fine that may be imposed on
394	394	an adult for committing that violation or, if the violation is applicable only to a person
395	395	under 18 years of age juveniles, $100. The order shall include a finding that the
396	396	juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months
397	397	for payment. If the juvenile fails to pay the forfeiture, the court may vacate the
398	398	forfeiture and order other alternatives under this section; or the court may suspend
399	399	any license issued under ch. 29 for not less than 30 days nor more than 5 years, or
400	400	suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more
401	401	than 2 years. If the court suspends any license under this subsection, the clerk of the
402	402	court shall immediately take possession of the suspended license if issued under ch.
403	403	29 or, if the license is issued under ch. 343, the court may take possession of, and if
404	404	possession is taken, shall destroy, the license. The court shall forward to the
405	405	department which that issued the license a notice of suspension stating that the
406	406	suspension is for failure to pay a forfeiture imposed by the court, together with any
407	407	license issued under ch. 29 of which the court takes possession. If the forfeiture is
408	408	paid during the period of suspension, the suspension shall be reduced to the time
409	409	period which that has already elapsed and the court shall immediately notify the
410	410	department, which shall then, if the license is issued under ch. 29, return the license
411	411	to the juvenile. Any recovery under this subsection shall be reduced by the amount
412	412	recovered as a forfeiture for the same act under s. 938.45 (1r) (b).
413	413	SECTION 26. 938.343 (2) of the statutes is amended to read:
414	414	938.343 (2) FORFEITURE. Impose a forfeiture not to exceed the maximum
415	415	forfeiture that may be imposed on an adult for committing that violation or, if the
416	416	violation is only applicable to a person under 18 years of age juveniles, $50. The
417	417	order shall include a finding that the juvenile alone is financially able to pay and
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444	444	SECTION 26 ASSEMBLY BILL 1163
445	445	shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture,
446	446	the court may suspend any license issued under ch. 29 or suspend the juvenile's
447	447	operating privilege, as defined in s. 340.01 (40), for not more than 2 years. The court
448	448	shall immediately take possession of the suspended license if issued under ch. 29 or,
449	449	if the license is issued under ch. 343, the court may take possession of, and if
450	450	possession is taken, shall destroy, the license. The court shall forward to the
451	451	department which that issued the license the notice of suspension stating that the
452	452	suspension is for failure to pay a forfeiture imposed by the court, together with any
453	453	license issued under ch. 29 of which the court takes possession. If the forfeiture is
454	454	paid during the period of suspension, the court shall immediately notify the
455	455	department, which shall, if the license is issued under ch. 29, return the license to
456	456	the person. Any recovery under this subsection shall be reduced by the amount
457	457	recovered as a forfeiture for the same act under s. 938.45 (1r) (b).
458	458	SECTION 27. 938.344 (3) of the statutes is amended to read:
459	459	938.344 (3) PROSECUTION IN ADULT COURT. If the juvenile alleged to have
460	460	committed the violation is within 3 months of his or her 17th birthday becoming an
461	461	adult, the court assigned to exercise jurisdiction under this chapter and ch. 48 may,
462	462	at the request of the district attorney or on its own motion, dismiss the citation
463	463	without prejudice and refer the matter to the district attorney for prosecution under
464	464	s. 125.07 (4). The juvenile is entitled to a hearing only on the issue of his or her age.
465	465	This subsection does not apply to violations under s. 961.573 (2), 961.574 (2), or
466	466	961.575 (2) or a local ordinance that strictly conforms to one of those statutes.
467	467	SECTION 28. 938.35 (1m) of the statutes is amended to read:
468	468	938.35 (1m) FUTURE CRIMINAL PROCEEDINGS BARRED. Disposition by the court
469	469	assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation
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497	497	SECTION 28
498	498	ASSEMBLY BILL 1163
499	499	under s. 938.12 or 938.13 (12) shall bar any future proceeding on the same matter
500	500	in criminal court when the juvenile attains 17 years of age becomes an adult. This
501	501	subsection does not affect proceedings in criminal court that have been transferred
502	502	under s. 938.18.
503	503	SECTION 29. 938.355 (4) (b) of the statutes is amended to read:
504	504	938.355 (4) (b) Except as provided in s. 938.368, an order under s. 938.34 (4d)
505	505	or (4m) made before the juvenile attains 18 years of age may apply for up to 2 years
506	506	after the date on which the order is granted or until the juvenile's 18th 19th birthday,
507	507	whichever is earlier, unless the court specifies a shorter period of time or the court
508	508	terminates the order sooner. If the order does not specify a termination date, it shall
509	509	apply for one year after the date on which the order is granted or until the juvenile's
510	510	18th 19th birthday, whichever is earlier, unless the court terminates the order
511	511	sooner. Except as provided in s. 938.368, an order under s. 938.34 (4h) made before
512	512	the juvenile attains 18 years of age shall apply for 5 years after the date on which the
513	513	order is granted, if the juvenile is adjudicated delinquent for committing a violation
514	514	of s. 943.10 (2) or for committing an act that would be punishable as a Class B or C
515	515	felony if committed by an adult, or until the juvenile reaches 25 years of age, if the
516	516	juvenile is adjudicated delinquent for committing an act that would be punishable
517	517	as a Class A felony if committed by an adult. Except as provided in s. 938.368, an
518	518	extension of an order under s. 938.34 (4d), (4h), (4m), or (4n) made before the juvenile
519	519	attains 17 years of age becomes an adult shall terminate at the end of one year after
520	520	the date on which the order is granted unless the court specifies a shorter period of
521	521	time or the court terminates the order sooner. No extension under s. 938.365 of an
522	522	original dispositional order under s. 938.34 (4d), (4h), (4m), or (4n) may be granted
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548	548	SECTION 29 ASSEMBLY BILL 1163
549	549	for a juvenile who is 17 years of age or older when becomes an adult by the time the
550	550	original dispositional order terminates.
551	551	SECTION 30. 938.355 (4m) (a) of the statutes is amended to read:
552	552	938.355 (4m) (a) A juvenile who has been adjudged delinquent under s. 48.12,
553	553	1993 stats., or s. 938.12 may, on attaining 17 years of age becoming an adult, petition
554	554	the court to expunge the court's record of the juvenile's adjudication. Subject to par.
555	555	(b), the court may expunge the record if the court determines that the juvenile has
556	556	satisfactorily complied with the conditions of his or her dispositional order and that
557	557	the juvenile will benefit from, and society will not be harmed by, the expungement.
558	558	SECTION 31. 938.39 of the statutes is amended to read:
559	559	938.39 Disposition by court bars criminal proceeding. Disposition by the
560	560	court of any violation of state law within its jurisdiction under s. 938.12 bars any
561	561	future criminal proceeding on the same matter in circuit court when the juvenile
562	562	reaches the age of 17 becomes an adult. This section does not affect criminal
563	563	proceedings in circuit court that were transferred under s. 938.18.
564	564	SECTION 32. Subchapter IX (title) of chapter 938 [precedes 938.44] of the
565	565	statutes is amended to read:
566	566	CHAPTER 938
567	567	SUBCHAPTER IX
568	568	JURISDICTION OVER PERSONS 17
569	569	OR OLDER ADULTS
570	570	SECTION 33. 938.44 of the statutes is amended to read:
571	571	938.44 Jurisdiction over persons 17 or older adults. The court has
572	572	jurisdiction over persons 17 years of age or older adults as provided under ss. 938.355
573	573	(4), 938.357 (6), 938.365 (5), and 938.45 and as otherwise specified in this chapter.
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601	601	SECTION 34
602	602	ASSEMBLY BILL 1163
603	603	SECTION 34. 938.45 (1) (a) of the statutes is amended to read:
604	604	938.45 (1) (a) If in the hearing of a case of a juvenile alleged to be delinquent
605	605	under s. 938.12 or in need of protection or services under s. 938.13 it appears that any
606	606	person 17 years of age or older adult has been guilty of contributing to, encouraging,
607	607	or tending to cause by any act or omission, such that condition of the juvenile, the
608	608	court may make orders with respect to the conduct of that person in his or her
609	609	relationship to the juvenile, including orders relating to determining the ability of
610	610	the person to provide for the maintenance or care of the juvenile and directing when,
611	611	how, and from where funds for the maintenance or care shall be paid.
612	612	SECTION 35. 938.45 (3) of the statutes is amended to read:
613	613	938.45 (3) PROSECUTION OF ADULT CONTRIBUTING TO DELINQUENCY OF JUVENILE.
614	614	If it appears at a court hearing that any person 17 years of age or older adult has
615	615	violated s. 948.40, the court shall refer the record to the district attorney. This
616	616	subsection does not prohibit prosecution of violations of s. 948.40 without the prior
617	617	reference by the court to the district attorney.
618	618	SECTION 36. 938.48 (4m) (title) of the statutes is amended to read:
619	619	938.48 (4m) (title) CONTINUING CARE AND SERVICES FOR JUVENILES OVER 17 WHO
620	620	BECOME ADULTS.
621	621	SECTION 37. 938.48 (4m) (a) of the statutes is amended to read:
622	622	938.48 (4m) (a) Is at least 17 years of age an adult.
623	623	SECTION 38. 938.48 (4m) (b) of the statutes is amended to read:
624	624	938.48 (4m) (b) Was under the supervision of the department under s. 938.183,
625	625	938.34 (4h), or 938.357 (3) or (4) when the person reached 17 years of age became an
626	626	adult.
627	627	SECTION 39. 938.48 (14) of the statutes is amended to read:
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654	654	SECTION 39 ASSEMBLY BILL 1163
655	655	938.48 (14) SCHOOL-RELATED EXPENSES FOR JUVENILES OVER 17 WHO BECOME
656	656	ADULTS. Pay maintenance, tuition, and related expenses from the appropriation
657	657	under s. 20.410 (3) (ho) for persons who, when they attained 17 years of age became
658	658	adults, were students regularly attending a school, college, or university or regularly
659	659	attending a course of vocational or technical training designed to prepare them for
660	660	gainful employment, and who upon attaining that age becoming adults were under
661	661	the supervision of the department under s. 938.183, 938.34 (4h), or 938.357 (3) or (4)
662	662	as a result of a judicial decision.
663	663	SECTION 40. 938.57 (3) (title) of the statutes is amended to read:
664	664	938.57 (3) (title) CONTINUING MAINTENANCE FOR JUVENILES OVER 17 WHO BECOME
665	665	ADULTS.
666	666	SECTION 41. 938.57 (3) (a) (intro.) of the statutes is amended to read:
667	667	938.57 (3) (a) (intro.) From the reimbursement received under s. 48.569 (1) (d),
668	668	counties may provide funding for the maintenance of any juvenile person who meets
669	669	all of the following qualifications:
670	670	SECTION 42. 938.57 (3) (a) 1. of the statutes is amended to read:
671	671	938.57 (3) (a) 1. Is 17 years of age or older an adult.
672	672	SECTION 43. 938.57 (3) (a) 3. of the statutes is amended to read:
673	673	938.57 (3) (a) 3. Received funding under s. 48.569 (1) (d) immediately prior to
674	674	his or her 17th birthday becoming an adult.
675	675	SECTION 44. 938.57 (3) (b) of the statutes is amended to read:
676	676	938.57 (3) (b) The funding provided for the maintenance of a juvenile person
677	677	under par. (a) shall be in an amount equal to that which the juvenile person would
678	678	receive under s. 48.569 (1) (d) if the person were a juvenile were 16 years of age.
679	679	SECTION 45. 946.50 (intro.) of the statutes is amended to read:
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707	707	SECTION 45
708	708	ASSEMBLY BILL 1163
709	709	946.50 Absconding. (intro.) Any person who is adjudicated delinquent, but
710	710	who intentionally fails to appear before the court assigned to exercise jurisdiction
711	711	under chs. 48 and 938 for his or her dispositional hearing under s. 938.335, and who
712	712	does not return to that court for a dispositional hearing before attaining the age of
713	713	17 years becoming an adult is guilty of the following:
714	714	SECTION 46. 948.01 (1) of the statutes is amended to read:
715	715	948.01 (1) “Child" means a person who has not attained the age of 18 years,
716	716	except that for purposes of prosecuting a person who is alleged to have violated a
717	717	state or federal criminal law, “child" does not include a person who has attained the
718	718	age of 17 years.
719	719	SECTION 47. 948.11 (2) (am) (intro.) of the statutes is amended to read:
720	720	948.11 (2) (am) (intro.) Any person who has attained the age of 17 and adult
721	721	who, with knowledge of the character and content of the description or narrative
722	722	account, verbally communicates, by any means, a harmful description or narrative
723	723	account to a child, with or without monetary consideration, is guilty of a Class I
724	724	felony if any of the following applies:
725	725	SECTION 48. 948.45 (1) of the statutes is amended to read:
726	726	948.45 (1) Except as provided in sub. (2), any person 17 years of age or older
727	727	adult who, by any act or omission, knowingly encourages or contributes to the
728	728	truancy, as defined under s. 118.16 (1) (c), of a person 17 years of age or under child
729	729	is guilty of a Class C misdemeanor.
730	730	SECTION 49. 948.60 (2) (d) of the statutes is amended to read:
731	731	948.60 (2) (d) A person under 17 years of age child who has violated this
732	732	subsection is subject to the provisions of ch. 938 unless jurisdiction is waived under
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758	758	SECTION 49 ASSEMBLY BILL 1163
759	759	s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction
760	760	under s. 938.183.
761	761	SECTION 50. 948.61 (4) of the statutes is amended to read:
762	762	948.61 (4) A person under 17 years of age child who has violated this section
763	763	is subject to the provisions of ch. 938, unless jurisdiction is waived under s. 938.18
764	764	or the person is subject to the jurisdiction of a court of criminal jurisdiction under s.
765	765	938.183.
766	766	SECTION 51. 961.455 (title) of the statutes is amended to read:
767	767	961.455 (title) Using a child minor for illegal drug distribution or
768	768	manufacturing purposes.
769	769	SECTION 52. 961.455 (1) of the statutes is amended to read:
770	770	961.455 (1) Any person who has attained the age of 17 years adult who
771	771	knowingly solicits, hires, directs, employs, or uses a person who is under the age of
772	772	17 years minor for the purpose of violating s. 961.41 (1) is guilty of a Class F felony.
773	773	SECTION 53. 961.455 (2) of the statutes is amended to read:
774	774	961.455 (2) The knowledge requirement under sub. (1) does not require proof
775	775	of knowledge of the age of the child minor. It is not a defense to a prosecution under
776	776	this section that the actor mistakenly believed that the person solicited, hired,
777	777	directed, employed, or used under sub. (1) had attained the age of 18 years, even if
778	778	the mistaken belief was reasonable.
779	779	SECTION 54. 961.46 of the statutes is amended to read:
780	780	961.46 Distribution to persons under age 18 minors. If a person 17 years
781	781	of age or over an adult violates s. 961.41 (1) by distributing or delivering a controlled
782	782	substance or a controlled substance analog to a person 17 years of age or under minor
783	783	who is at least 3 years his or her junior, the applicable maximum term of
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811	811	SECTION 54
812	812	ASSEMBLY BILL 1163
813	813	imprisonment prescribed under s. 961.41 (1) for the offense may be increased by not
814	814	more than 5 years.
815	815	SECTION 55. 961.573 (2) of the statutes is amended to read:
816	816	961.573 (2) Any person minor who violates sub. (1) who is under 17 years of age
817	817	is subject to a disposition under s. 938.344 (2e).
818	818	SECTION 56. 961.574 (2) of the statutes is amended to read:
819	819	961.574 (2) Any person minor who violates sub. (1) who is under 17 years of age
820	820	is subject to a disposition under s. 938.344 (2e).
821	821	SECTION 57. 961.575 (1) of the statutes is amended to read:
822	822	961.575 (1) Any person 17 years of age or over adult who violates s. 961.574 (1)
823	823	by delivering drug paraphernalia to a person 17 years of age or under minor who is
824	824	at least 3 years younger than the violator may be fined not more than $10,000 or
825	825	imprisoned for not more than 9 months or both.
826	826	SECTION 58. 961.575 (2) of the statutes is amended to read:
827	827	961.575 (2) Any person minor who violates this section who is under 17 years
828	828	of age is subject to a disposition under s. 938.344 (2e).
829	829	SECTION 59. 961.575 (3) of the statutes is amended to read:
830	830	961.575 (3) Any person 17 years of age or over adult who violates s. 961.574 (3)
831	831	by delivering drug paraphernalia to a person 17 years of age or under minor is guilty
832	832	of a Class G felony.
833	833	SECTION 60. 990.01 (3) of the statutes is amended to read:
834	834	990.01 (3) ADULT. “Adult" means a person who has attained the age of 18 years,
835	835	except that for purposes of investigating or prosecuting a person who is alleged to
836	836	have violated any state or federal criminal law or any civil law or municipal
837	837	ordinance, “adult" means a person who has attained the age of 17 years.
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864	864	SECTION 61 ASSEMBLY BILL 1163
865	865	SECTION 61. 990.01 (20) of the statutes is amended to read:
866	866	990.01 (20) MINOR. “Minor" means a person who has not attained the age of
867	867	18 years, except that for purposes of investigating or prosecuting a person who is
868	868	alleged to have violated a state or federal criminal law or any civil law or municipal
869	869	ordinance, “minor" does not include a person who has attained the age of 17 years.
870	870	SECTION 62.0Initial applicability.
871	871	(1) This act first applies to a violation of a criminal law, civil law, or municipal
872	872	ordinance allegedly committed on the effective date of this subsection.
873	873	SECTION 63.0Effective date.
874	874	(1) This act takes effect on the day after publication, or the 2nd day after
875	875	publication of the 2023 biennial budget, act whichever occurs later.
876	876	(END)
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