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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 1163
March 22, 2024 - Introduced by Representatives DOYLE, JACOBSON, BARE, STUBBS,
EMERSON, CONLEY, SNODGRASS, PALMERI, CONSIDINE, CLANCY, MOORE
OMOKUNDE, DRAKE, JOERS, SUBECK, SINICKI, MYERS, ANDRACA, C. ANDERSON,
OHNSTAD, SHELTON, MADISON and HAYWOOD, cosponsored by Senators ROYS, L.
JOHNSON, SPREITZER, HESSELBEIN and LARSON. Referred to Committee on
Criminal Justice and Public Safety.
AN ACT to amend 48.02 (1d), 48.02 (2), subchapter IX (title) of chapter 48
[precedes 48.44], 48.44, 48.45 (1) (a), 48.45 (1) (am), 48.45 (3), 118.163 (4),
125.07 (4) (d), 125.07 (4) (e) 1., 125.085 (3) (bt), 165.83 (1) (c) 1., 165.83 (1) (c)
2., 301.12 (2m), 301.12 (14) (a), 302.31 (7), 938.02 (1), 938.02 (10m), 938.12 (2),
938.18 (2), 938.183 (3), 938.255 (1) (intro.), 938.34 (8), 938.343 (2), 938.344 (3),
938.35 (1m), 938.355 (4) (b), 938.355 (4m) (a), 938.39, subchapter IX (title) of
chapter 938 [precedes 938.44], 938.44, 938.45 (1) (a), 938.45 (3), 938.48 (4m)
(title), 938.48 (4m) (a), 938.48 (4m) (b), 938.48 (14), 938.57 (3) (title), 938.57 (3)
(a) (intro.), 938.57 (3) (a) 1., 938.57 (3) (a) 3., 938.57 (3) (b), 946.50 (intro.),
948.01 (1), 948.11 (2) (am) (intro.), 948.45 (1), 948.60 (2) (d), 948.61 (4), 961.455
(title), 961.455 (1), 961.455 (2), 961.46, 961.573 (2), 961.574 (2), 961.575 (1),
961.575 (2), 961.575 (3), 990.01 (3) and 990.01 (20); and to create 20.437 (1) (cL)
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ASSEMBLY BILL 1163
and 48.5275 of the statutes; relating to: the age of juvenile court jurisdiction
and making an appropriation.
Analysis by the Legislative Reference Bureau
Age of juvenile court jurisdiction
This bill raises from 17 to 18 the age at which a person who is alleged to have
violated a criminal law is subject to the procedures specified in the Criminal
Procedure Code and, on conviction, to sentencing under the Criminal Code. The bill
raises from 17 to 18 the age at which a person who is alleged to have violated a civil
law or municipal ordinance is subject to the jurisdiction and procedures of the circuit
court or, if applicable, the municipal court.
Under current law, a person 17 years of age or older who is alleged to have
violated a criminal law is subject to the procedures specified in the Criminal
Procedure Code and, on conviction, is subject to sentencing under the Criminal Code,
which may include a sentence of imprisonment in the Wisconsin state prisons.
Currently, subject to certain exceptions, a person under 17 years of age who is alleged
to have violated a criminal law is subject to the procedures specified in the Juvenile
Justice Code and, on being adjudicated delinquent, is subject to an array of
dispositions under that code, including placement in a juvenile correctional facility.
Similarly, under current law, a person 17 years of age or older who is alleged to
have violated a civil law or municipal ordinance is subject to the jurisdiction and
procedures of the circuit court or, if applicable, the municipal court, while a person
under 17 years of age who is alleged to have violated a civil law or municipal
ordinance, subject to certain exceptions, is subject to the jurisdiction and procedures
of the court assigned to exercise jurisdiction under the Juvenile Justice Code.
Seventeen-year-old juvenile justice aids
Under current law, counties are responsible for paying the costs associated with
juvenile delinquency-related services, including the costs for a placement of a
juvenile in a juvenile correctional facility, juvenile detention facility, or the juvenile
portion of a county jail. The bill creates a sum sufficient appropriation for
Department of Children and Families to reimburse counties, beginning on January
1, 2024, for costs associated with juveniles who were alleged to have violated a state
or federal criminal law or any civil law or municipal ordinance at age 17.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 20.437 (1) (cL) of the statutes is created to read:
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SECTION 1
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20.437 (1) (cL) Seventeen-year-old juvenile justice aids. A sum sufficient for
the purposes under s. 48.5275.
SECTION 2. 48.02 (1d) of the statutes is amended to read:
48.02 (1d) “Adult" means a person who is 18 years of age or older, except that
for purposes of investigating or prosecuting a person who is alleged to have violated
any state or federal criminal law or any civil law or municipal ordinance, “adult"
means a person who has attained 17 years of age.
SECTION 3. 48.02 (2) of the statutes is amended to read:
48.02 (2) “Child," when used without further qualification, means a person who
is less than 18 years of age, except that for purposes of investigating or prosecuting
a person who is alleged to have violated a state or federal criminal law or any civil
law or municipal ordinance, “child" does not include a person who has attained 17
years of age.
SECTION 4. Subchapter IX (title) of chapter 48 [precedes 48.44] of the statutes
is amended to read:
CHAPTER 48
SUBCHAPTER IX
JURISDICTION OVER PERSON 17
OR OLDER ADULTS
SECTION 5. 48.44 of the statutes is amended to read:
48.44 Jurisdiction over persons 17 or older adults. The court has
jurisdiction over persons 17 years of age or older adults as provided under ss. 48.133,
48.355 (4), 48.357 (6), 48.365 (5), and 48.45 and as otherwise specifically provided in
this chapter.
SECTION 6. 48.45 (1) (a) of the statutes is amended to read:
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SECTION 6 ASSEMBLY BILL 1163
48.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition
described in s. 48.13 it appears that any person 17 years of age or older adult has been
guilty of contributing to, encouraging, or tending to cause by any act or omission,
such that condition of the child, the judge may make orders with respect to the
conduct of such that person in his or her relationship to the child, including orders
determining the ability of the person to provide for the maintenance or care of the
child and directing when, how, and from where funds for the maintenance or care
shall be paid.
SECTION 7. 48.45 (1) (am) of the statutes is amended to read:
48.45 (1) (am) If in the hearing of a case of an unborn child and the unborn
child's expectant mother alleged to be in a condition described in s. 48.133 it appears
that any person 17 years of age or over adult has been guilty of contributing to,
encouraging, or tending to cause by any act or omission, such that condition of the
unborn child and expectant mother, the judge may make orders with respect to the
conduct of such that person in his or her relationship to the unborn child and
expectant mother.
SECTION 8. 48.45 (3) of the statutes is amended to read:
48.45 (3) If it appears at a court hearing that any person 17 years of age or older
adult has violated s. 948.40, the judge shall refer the record to the district attorney
for criminal proceedings as may be warranted in the district attorney's judgment.
This subsection does not prevent prosecution of violations of s. 948.40 without the
prior reference by the judge to the district attorney, as in other criminal cases.
SECTION 9. 48.5275 of the statutes is created to read:
48.5275 Seventeen-year-old juvenile justice aids. Notwithstanding s.
48.526, from the appropriation under s. 20.437 (1) (cL), beginning on January 1,
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2024, the department shall reimburse counties for the costs under s. 48.526 (2) (c)
associated with juveniles who were alleged to have violated a state or federal
criminal law or any civil law or municipal ordinance at age 17.
SECTION 10. 118.163 (4) of the statutes is amended to read:
118.163 (4) A person who is under 17 years of age a minor on the date of
disposition is subject to s. 938.342.
SECTION 11. 125.07 (4) (d) of the statutes is amended to read:
125.07 (4) (d) A person who is under 17 years of age a minor on the date of
disposition is subject to s. 938.344 unless proceedings have been instituted against
the person in a court of civil or criminal jurisdiction after dismissal of the citation
under s. 938.344 (3).
SECTION 12. 125.07 (4) (e) 1. of the statutes is amended to read:
125.07 (4) (e) 1. In this paragraph, “defendant" means a person found guilty
of violating par. (a) or (b) who is 17, 18, 19 or 20 an adult under 21 years of age.
SECTION 13. 125.085 (3) (bt) of the statutes is amended to read:
125.085 (3) (bt) A person who is under 17 years of age a minor on the date of
disposition is subject to s. 938.344 unless proceedings have been instituted against
the person in a court of civil or criminal jurisdiction after dismissal of the citation
under s. 938.344 (3).
SECTION 14. 165.83 (1) (c) 1. of the statutes is amended to read:
165.83 (1) (c) 1. An act that is committed by a person who has attained the age
of 17 an adult and that is a felony or a misdemeanor.
SECTION 15. 165.83 (1) (c) 2. of the statutes is amended to read:
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SECTION 15 ASSEMBLY BILL 1163
165.83 (1) (c) 2. An act that is committed by a person minor who has attained
the age of 10 but who has not attained the age of 17 and that would be a felony or
misdemeanor if committed by an adult.
SECTION 16. 301.12 (2m) of the statutes is amended to read:
301.12 (2m) The liability specified in sub. (2) shall not apply to persons 17 and
older adults receiving care, maintenance, services, and supplies provided by prisons
named in s. 302.01.
SECTION 17. 301.12 (14) (a) of the statutes is amended to read:
301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person
specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17
years of age minors in residential, nonmedical facilities such as group homes, foster
homes, residential care centers for children and youth, and juvenile correctional
institutions is determined in accordance with the cost-based fee established under
s. 301.03 (18). The department shall bill the liable person up to any amount of
liability not paid by an insurer under s. 632.89 (2) or (4m) or by other 3rd-party
benefits, subject to rules that include formulas governing ability to pay promulgated
by the department under s. 301.03 (18). Any liability of the resident not payable by
any other person terminates when the resident reaches age 17 becomes an adult,
unless the liable person has prevented payment by any act or omission.
SECTION 18. 302.31 (7) of the statutes is amended to read:
302.31 (7) The temporary placement of persons in the custody of the
department, other than persons under 17 years of age minors, and persons who have
attained the age of 17 years but have not attained adults under the age of 25 years
who are under the supervision of the department under s. 938.355 (4) and who have
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been taken into custody pending revocation of community supervision or aftercare
supervision under s. 938.357 (5) (e).
SECTION 19. 938.02 (1) of the statutes is amended to read:
938.02 (1) “Adult" means a person who is 18 years of age or older, except that
for purposes of investigating or prosecuting a person who is alleged to have violated
any state or federal criminal law or any civil law or municipal ordinance, “adult"
means a person who has attained 17 years of age.
SECTION 20. 938.02 (10m) of the statutes is amended to read:
938.02 (10m) “Juvenile," when used without further qualification, means a
person who is less than 18 years of age, except that for purposes of investigating or
prosecuting a person who is alleged to have violated a state or federal criminal law
or any civil law or municipal ordinance, “juvenile" does not include a person who has
attained 17 years of age.
SECTION 21. 938.12 (2) of the statutes is amended to read:
938.12 (2) SEVENTEEN-YEAR-OLDS JUVENILES WHO BECOME ADULTS. If a petition
alleging that a juvenile is delinquent is filed before the juvenile is 17 years of age
becomes an adult, but the juvenile becomes 17 years of age an adult before admitting
the facts of the petition at the plea hearing or, if the juvenile denies the facts, before
an adjudication, the court retains jurisdiction over the case.
SECTION 22. 938.18 (2) of the statutes is amended to read:
938.18 (2) PETITION. The petition for waiver of jurisdiction may be filed by the
district attorney or the juvenile or may be initiated by the court and shall contain a
brief statement of the facts supporting the request for waiver. The petition for waiver
of jurisdiction shall be accompanied by or filed after the filing of a petition alleging
delinquency and shall be filed prior to the plea hearing, except that if the juvenile
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SECTION 22 ASSEMBLY BILL 1163
denies the facts of the petition and becomes 17 years of age an adult before an
adjudication, the petition for waiver of jurisdiction may be filed at any time prior to
the adjudication. If the court initiates the petition for waiver of jurisdiction, the
judge shall disqualify himself or herself from any future proceedings on the case.
SECTION 23. 938.183 (3) of the statutes is amended to read:
938.183 (3) PLACEMENT IN STATE PRISON; PAROLE. When Subject to s. 973.013
(3m), when a juvenile who is subject to a criminal penalty under sub. (1m) or s.
938.183 (2), 2003 stats., attains the age of 17 years becomes an adult, the department
of corrections may place the juvenile in a state prison named in s. 302.01, except that
that department may not place any person under the age of 18 years in the
correctional institution authorized in s. 301.16 (1n). A juvenile who is subject to a
criminal penalty under sub. (1m) or under s. 938.183 (2), 2003 stats., for an act
committed before December 31, 1999, is eligible for parole under s. 304.06.
SECTION 24. 938.255 (1) (intro.) of the statutes is amended to read:
938.255 (1) TITLE AND CONTENTS. (intro.) A petition initiating proceedings
under this chapter, other than a petition initiating proceedings under s. 938.12,
938.125, or 938.13 (12), shall be entitled, “In the interest of (juvenile's name), a
person under the age of 18".." A petition initiating proceedings under s. 938.12,
938.125, or 938.13 (12) shall be entitled, “In the interest of (juvenile's name), a person
under the age of 17". juvenile." A petition initiating proceedings under this chapter
shall specify all of the following:
SECTION 25. 938.34 (8) of the statutes is amended to read:
938.34 (8) FORFEITURE. Impose a forfeiture based upon a determination that
this disposition is in the best interest of the juvenile and the juvenile's rehabilitation.
The maximum forfeiture that the court may impose under this subsection for a
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violation by a juvenile is the maximum amount of the fine that may be imposed on
an adult for committing that violation or, if the violation is applicable only to a person
under 18 years of age juveniles, $100. The order shall include a finding that the
juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months
for payment. If the juvenile fails to pay the forfeiture, the court may vacate the
forfeiture and order other alternatives under this section; or the court may suspend
any license issued under ch. 29 for not less than 30 days nor more than 5 years, or
suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more
than 2 years. If the court suspends any license under this subsection, the clerk of the
court shall immediately take possession of the suspended license if issued under ch.
29 or, if the license is issued under ch. 343, the court may take possession of, and if
possession is taken, shall destroy, the license. The court shall forward to the
department which that issued the license a notice of suspension stating that the
suspension is for failure to pay a forfeiture imposed by the court, together with any
license issued under ch. 29 of which the court takes possession. If the forfeiture is
paid during the period of suspension, the suspension shall be reduced to the time
period which that has already elapsed and the court shall immediately notify the
department, which shall then, if the license is issued under ch. 29, return the license
to the juvenile. Any recovery under this subsection shall be reduced by the amount
recovered as a forfeiture for the same act under s. 938.45 (1r) (b).
SECTION 26. 938.343 (2) of the statutes is amended to read:
938.343 (2) FORFEITURE. Impose a forfeiture not to exceed the maximum
forfeiture that may be imposed on an adult for committing that violation or, if the
violation is only applicable to a person under 18 years of age juveniles, $50. The
order shall include a finding that the juvenile alone is financially able to pay and
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SECTION 26 ASSEMBLY BILL 1163
shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture,
the court may suspend any license issued under ch. 29 or suspend the juvenile's
operating privilege, as defined in s. 340.01 (40), for not more than 2 years. The court
shall immediately take possession of the suspended license if issued under ch. 29 or,
if the license is issued under ch. 343, the court may take possession of, and if
possession is taken, shall destroy, the license. The court shall forward to the
department which that issued the license the notice of suspension stating that the
suspension is for failure to pay a forfeiture imposed by the court, together with any
license issued under ch. 29 of which the court takes possession. If the forfeiture is
paid during the period of suspension, the court shall immediately notify the
department, which shall, if the license is issued under ch. 29, return the license to
the person. Any recovery under this subsection shall be reduced by the amount
recovered as a forfeiture for the same act under s. 938.45 (1r) (b).
SECTION 27. 938.344 (3) of the statutes is amended to read:
938.344 (3) PROSECUTION IN ADULT COURT. If the juvenile alleged to have
committed the violation is within 3 months of his or her 17th birthday becoming an
adult, the court assigned to exercise jurisdiction under this chapter and ch. 48 may,
at the request of the district attorney or on its own motion, dismiss the citation
without prejudice and refer the matter to the district attorney for prosecution under
s. 125.07 (4). The juvenile is entitled to a hearing only on the issue of his or her age.
This subsection does not apply to violations under s. 961.573 (2), 961.574 (2), or
961.575 (2) or a local ordinance that strictly conforms to one of those statutes.
SECTION 28. 938.35 (1m) of the statutes is amended to read:
938.35 (1m) FUTURE CRIMINAL PROCEEDINGS BARRED. Disposition by the court
assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation
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under s. 938.12 or 938.13 (12) shall bar any future proceeding on the same matter
in criminal court when the juvenile attains 17 years of age becomes an adult. This
subsection does not affect proceedings in criminal court that have been transferred
under s. 938.18.
SECTION 29. 938.355 (4) (b) of the statutes is amended to read:
938.355 (4) (b) Except as provided in s. 938.368, an order under s. 938.34 (4d)
or (4m) made before the juvenile attains 18 years of age may apply for up to 2 years
after the date on which the order is granted or until the juvenile's 18th 19th birthday,
whichever is earlier, unless the court specifies a shorter period of time or the court
terminates the order sooner. If the order does not specify a termination date, it shall
apply for one year after the date on which the order is granted or until the juvenile's
18th 19th birthday, whichever is earlier, unless the court terminates the order
sooner. Except as provided in s. 938.368, an order under s. 938.34 (4h) made before
the juvenile attains 18 years of age shall apply for 5 years after the date on which the
order is granted, if the juvenile is adjudicated delinquent for committing a violation
of s. 943.10 (2) or for committing an act that would be punishable as a Class B or C
felony if committed by an adult, or until the juvenile reaches 25 years of age, if the
juvenile is adjudicated delinquent for committing an act that would be punishable
as a Class A felony if committed by an adult. Except as provided in s. 938.368, an
extension of an order under s. 938.34 (4d), (4h), (4m), or (4n) made before the juvenile
attains 17 years of age becomes an adult shall terminate at the end of one year after
the date on which the order is granted unless the court specifies a shorter period of
time or the court terminates the order sooner. No extension under s. 938.365 of an
original dispositional order under s. 938.34 (4d), (4h), (4m), or (4n) may be granted
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SECTION 29 ASSEMBLY BILL 1163
for a juvenile who is 17 years of age or older when becomes an adult by the time the
original dispositional order terminates.
SECTION 30. 938.355 (4m) (a) of the statutes is amended to read:
938.355 (4m) (a) A juvenile who has been adjudged delinquent under s. 48.12,
1993 stats., or s. 938.12 may, on attaining 17 years of age becoming an adult, petition
the court to expunge the court's record of the juvenile's adjudication. Subject to par.
(b), the court may expunge the record if the court determines that the juvenile has
satisfactorily complied with the conditions of his or her dispositional order and that
the juvenile will benefit from, and society will not be harmed by, the expungement.
SECTION 31. 938.39 of the statutes is amended to read:
938.39 Disposition by court bars criminal proceeding. Disposition by the
court of any violation of state law within its jurisdiction under s. 938.12 bars any
future criminal proceeding on the same matter in circuit court when the juvenile
reaches the age of 17 becomes an adult. This section does not affect criminal
proceedings in circuit court that were transferred under s. 938.18.
SECTION 32. Subchapter IX (title) of chapter 938 [precedes 938.44] of the
statutes is amended to read:
CHAPTER 938
SUBCHAPTER IX
JURISDICTION OVER PERSONS 17
OR OLDER ADULTS
SECTION 33. 938.44 of the statutes is amended to read:
938.44 Jurisdiction over persons 17 or older adults. The court has
jurisdiction over persons 17 years of age or older adults as provided under ss. 938.355
(4), 938.357 (6), 938.365 (5), and 938.45 and as otherwise specified in this chapter.
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SECTION 34. 938.45 (1) (a) of the statutes is amended to read:
938.45 (1) (a) If in the hearing of a case of a juvenile alleged to be delinquent
under s. 938.12 or in need of protection or services under s. 938.13 it appears that any
person 17 years of age or older adult has been guilty of contributing to, encouraging,
or tending to cause by any act or omission, such that condition of the juvenile, the
court may make orders with respect to the conduct of that person in his or her
relationship to the juvenile, including orders relating to determining the ability of
the person to provide for the maintenance or care of the juvenile and directing when,
how, and from where funds for the maintenance or care shall be paid.
SECTION 35. 938.45 (3) of the statutes is amended to read:
938.45 (3) PROSECUTION OF ADULT CONTRIBUTING TO DELINQUENCY OF JUVENILE.
If it appears at a court hearing that any person 17 years of age or older adult has
violated s. 948.40, the court shall refer the record to the district attorney. This
subsection does not prohibit prosecution of violations of s. 948.40 without the prior
reference by the court to the district attorney.
SECTION 36. 938.48 (4m) (title) of the statutes is amended to read:
938.48 (4m) (title) CONTINUING CARE AND SERVICES FOR JUVENILES OVER 17 WHO
BECOME ADULTS.
SECTION 37. 938.48 (4m) (a) of the statutes is amended to read:
938.48 (4m) (a) Is at least 17 years of age an adult.
SECTION 38. 938.48 (4m) (b) of the statutes is amended to read:
938.48 (4m) (b) Was under the supervision of the department under s. 938.183,
938.34 (4h), or 938.357 (3) or (4) when the person reached 17 years of age became an
adult.
SECTION 39. 938.48 (14) of the statutes is amended to read:
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SECTION 39 ASSEMBLY BILL 1163
938.48 (14) SCHOOL-RELATED EXPENSES FOR JUVENILES OVER 17 WHO BECOME
ADULTS. Pay maintenance, tuition, and related expenses from the appropriation
under s. 20.410 (3) (ho) for persons who, when they attained 17 years of age became
adults, were students regularly attending a school, college, or university or regularly
attending a course of vocational or technical training designed to prepare them for
gainful employment, and who upon attaining that age becoming adults were under
the supervision of the department under s. 938.183, 938.34 (4h), or 938.357 (3) or (4)
as a result of a judicial decision.
SECTION 40. 938.57 (3) (title) of the statutes is amended to read:
938.57 (3) (title) CONTINUING MAINTENANCE FOR JUVENILES OVER 17 WHO BECOME
ADULTS.
SECTION 41. 938.57 (3) (a) (intro.) of the statutes is amended to read:
938.57 (3) (a) (intro.) From the reimbursement received under s. 48.569 (1) (d),
counties may provide funding for the maintenance of any juvenile person who meets
all of the following qualifications:
SECTION 42. 938.57 (3) (a) 1. of the statutes is amended to read:
938.57 (3) (a) 1. Is 17 years of age or older an adult.
SECTION 43. 938.57 (3) (a) 3. of the statutes is amended to read:
938.57 (3) (a) 3. Received funding under s. 48.569 (1) (d) immediately prior to
his or her 17th birthday becoming an adult.
SECTION 44. 938.57 (3) (b) of the statutes is amended to read:
938.57 (3) (b) The funding provided for the maintenance of a juvenile person
under par. (a) shall be in an amount equal to that which the juvenile person would
receive under s. 48.569 (1) (d) if the person were a juvenile were 16 years of age.
SECTION 45. 946.50 (intro.) of the statutes is amended to read:
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946.50 Absconding. (intro.) Any person who is adjudicated delinquent, but
who intentionally fails to appear before the court assigned to exercise jurisdiction
under chs. 48 and 938 for his or her dispositional hearing under s. 938.335, and who
does not return to that court for a dispositional hearing before attaining the age of
17 years becoming an adult is guilty of the following:
SECTION 46. 948.01 (1) of the statutes is amended to read:
948.01 (1) “Child" means a person who has not attained the age of 18 years,
except that for purposes of prosecuting a person who is alleged to have violated a
state or federal criminal law, “child" does not include a person who has attained the
age of 17 years.
SECTION 47. 948.11 (2) (am) (intro.) of the statutes is amended to read:
948.11 (2) (am) (intro.) Any person who has attained the age of 17 and adult
who, with knowledge of the character and content of the description or narrative
account, verbally communicates, by any means, a harmful description or narrative
account to a child, with or without monetary consideration, is guilty of a Class I
felony if any of the following applies:
SECTION 48. 948.45 (1) of the statutes is amended to read:
948.45 (1) Except as provided in sub. (2), any person 17 years of age or older
adult who, by any act or omission, knowingly encourages or contributes to the
truancy, as defined under s. 118.16 (1) (c), of a person 17 years of age or under child
is guilty of a Class C misdemeanor.
SECTION 49. 948.60 (2) (d) of the statutes is amended to read:
948.60 (2) (d) A person under 17 years of age child who has violated this
subsection is subject to the provisions of ch. 938 unless jurisdiction is waived under
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SECTION 49 ASSEMBLY BILL 1163
s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction
under s. 938.183.
SECTION 50. 948.61 (4) of the statutes is amended to read:
948.61 (4) A person under 17 years of age child who has violated this section
is subject to the provisions of ch. 938, unless jurisdiction is waived under s. 938.18
or the person is subject to the jurisdiction of a court of criminal jurisdiction under s.
938.183.
SECTION 51. 961.455 (title) of the statutes is amended to read:
961.455 (title) Using a child minor for illegal drug distribution or
manufacturing purposes.
SECTION 52. 961.455 (1) of the statutes is amended to read:
961.455 (1) Any person who has attained the age of 17 years adult who
knowingly solicits, hires, directs, employs, or uses a person who is under the age of
17 years minor for the purpose of violating s. 961.41 (1) is guilty of a Class F felony.
SECTION 53. 961.455 (2) of the statutes is amended to read:
961.455 (2) The knowledge requirement under sub. (1) does not require proof
of knowledge of the age of the child minor. It is not a defense to a prosecution under
this section that the actor mistakenly believed that the person solicited, hired,
directed, employed, or used under sub. (1) had attained the age of 18 years, even if
the mistaken belief was reasonable.
SECTION 54. 961.46 of the statutes is amended to read:
961.46 Distribution to persons under age 18 minors. If a person 17 years
of age or over an adult violates s. 961.41 (1) by distributing or delivering a controlled
substance or a controlled substance analog to a person 17 years of age or under minor
who is at least 3 years his or her junior, the applicable maximum term of
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imprisonment prescribed under s. 961.41 (1) for the offense may be increased by not
more than 5 years.
SECTION 55. 961.573 (2) of the statutes is amended to read:
961.573 (2) Any person minor who violates sub. (1) who is under 17 years of age
is subject to a disposition under s. 938.344 (2e).
SECTION 56. 961.574 (2) of the statutes is amended to read:
961.574 (2) Any person minor who violates sub. (1) who is under 17 years of age
is subject to a disposition under s. 938.344 (2e).
SECTION 57. 961.575 (1) of the statutes is amended to read:
961.575 (1) Any person 17 years of age or over adult who violates s. 961.574 (1)
by delivering drug paraphernalia to a person 17 years of age or under minor who is
at least 3 years younger than the violator may be fined not more than $10,000 or
imprisoned for not more than 9 months or both.
SECTION 58. 961.575 (2) of the statutes is amended to read:
961.575 (2) Any person minor who violates this section who is under 17 years
of age is subject to a disposition under s. 938.344 (2e).
SECTION 59. 961.575 (3) of the statutes is amended to read:
961.575 (3) Any person 17 years of age or over adult who violates s. 961.574 (3)
by delivering drug paraphernalia to a person 17 years of age or under minor is guilty
of a Class G felony.
SECTION 60. 990.01 (3) of the statutes is amended to read:
990.01 (3) ADULT. “Adult" means a person who has attained the age of 18 years,
except that for purposes of investigating or prosecuting a person who is alleged to
have violated any state or federal criminal law or any civil law or municipal
ordinance, “adult" means a person who has attained the age of 17 years.
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SECTION 61 ASSEMBLY BILL 1163
SECTION 61. 990.01 (20) of the statutes is amended to read:
990.01 (20) MINOR. “Minor" means a person who has not attained the age of
18 years, except that for purposes of investigating or prosecuting a person who is
alleged to have violated a state or federal criminal law or any civil law or municipal
ordinance, “minor" does not include a person who has attained the age of 17 years.
SECTION 62.0Initial applicability.
(1) This act first applies to a violation of a criminal law, civil law, or municipal
ordinance allegedly committed on the effective date of this subsection.
SECTION 63.0Effective date.
(1) This act takes effect on the day after publication, or the 2nd day after
publication of the 2023 biennial budget, act whichever occurs later.
(END)
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