Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB1067 Compare Versions

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

Old	New	Differences
1	1	LRB-5935/1
2	2	EHS:klm
3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 1067
5	5	February 26, 2024 - Introduced by Senators ROYS, L. JOHNSON, SPREITZER,
6	6	HESSELBEIN and LARSON, cosponsored by Representatives DOYLE, JACOBSON,
7	7	BARE, STUBBS, EMERSON, CONLEY, SNODGRASS, PALMERI, CONSIDINE, CLANCY,
8	8	MOORE OMOKUNDE, DRAKE, JOERS, SUBECK, SINICKI, MYERS, ANDRACA, C.
9	9	ANDERSON, OHNSTAD, SHELTON, MADISON and HAYWOOD. Referred to Committee
10	10	on Judiciary and Public Safety.
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to amend 48.02 (1d), 48.02 (2), subchapter IX (title) of chapter 48
13	13	[precedes 48.44], 48.44, 48.45 (1) (a), 48.45 (1) (am), 48.45 (3), 118.163 (4),
14	14	125.07 (4) (d), 125.07 (4) (e) 1., 125.085 (3) (bt), 165.83 (1) (c) 1., 165.83 (1) (c)
15	15	2., 301.12 (2m), 301.12 (14) (a), 302.31 (7), 938.02 (1), 938.02 (10m), 938.12 (2),
16	16	938.18 (2), 938.183 (3), 938.255 (1) (intro.), 938.34 (8), 938.343 (2), 938.344 (3),
17	17	938.35 (1m), 938.355 (4) (b), 938.355 (4m) (a), 938.39, subchapter IX (title) of
18	18	chapter 938 [precedes 938.44], 938.44, 938.45 (1) (a), 938.45 (3), 938.48 (4m)
19	19	(title), 938.48 (4m) (a), 938.48 (4m) (b), 938.48 (14), 938.57 (3) (title), 938.57 (3)
20	20	(a) (intro.), 938.57 (3) (a) 1., 938.57 (3) (a) 3., 938.57 (3) (b), 946.50 (intro.),
21	21	948.01 (1), 948.11 (2) (am) (intro.), 948.45 (1), 948.60 (2) (d), 948.61 (4), 961.455
22	22	(title), 961.455 (1), 961.455 (2), 961.46, 961.573 (2), 961.574 (2), 961.575 (1),
23	23	961.575 (2), 961.575 (3), 990.01 (3) and 990.01 (20); and to create 20.437 (1) (cL)
24	24	1
25	25	2
26	26	3
27	27	4
28	28	5
29	29	6
30	30	7
31	31	8
32	32	9
33	33	10
34	34	11
35	35	12 - 2 -2023 - 2024 Legislature LRB-5935/1
36	36	EHS:klm
37	37	SENATE BILL 1067
38	38	and 48.5275 of the statutes; relating to: the age of juvenile court jurisdiction
39	39	and making an appropriation.
40	40	Analysis by the Legislative Reference Bureau
41	41	Age of juvenile court jurisdiction
42	42	This bill raises from 17 to 18 the age at which a person who is alleged to have
43	43	violated a criminal law is subject to the procedures specified in the Criminal
44	44	Procedure Code and, on conviction, to sentencing under the Criminal Code. The bill
45	45	raises from 17 to 18 the age at which a person who is alleged to have violated a civil
46	46	law or municipal ordinance is subject to the jurisdiction and procedures of the circuit
47	47	court or, if applicable, the municipal court.
48	48	Under current law, a person 17 years of age or older who is alleged to have
49	49	violated a criminal law is subject to the procedures specified in the Criminal
50	50	Procedure Code and, on conviction, is subject to sentencing under the Criminal Code,
51	51	which may include a sentence of imprisonment in the Wisconsin state prisons.
52	52	Currently, subject to certain exceptions, a person under 17 years of age who is alleged
53	53	to have violated a criminal law is subject to the procedures specified in the Juvenile
54	54	Justice Code and, on being adjudicated delinquent, is subject to an array of
55	55	dispositions under that code, including placement in a juvenile correctional facility.
56	56	Similarly, under current law, a person 17 years of age or older who is alleged to
57	57	have violated a civil law or municipal ordinance is subject to the jurisdiction and
58	58	procedures of the circuit court or, if applicable, the municipal court, while a person
59	59	under 17 years of age who is alleged to have violated a civil law or municipal
60	60	ordinance, subject to certain exceptions, is subject to the jurisdiction and procedures
61	61	of the court assigned to exercise jurisdiction under the Juvenile Justice Code.
62	62	Seventeen-year-old juvenile justice aids
63	63	Under current law, counties are responsible for paying the costs associated with
64	64	juvenile delinquency-related services, including the costs for a placement of a
65	65	juvenile in a juvenile correctional facility, juvenile detention facility, or the juvenile
66	66	portion of a county jail. The bill creates a sum sufficient appropriation for
67	67	Department of Children and Families to reimburse counties, beginning on January
68	68	1, 2024, for costs associated with juveniles who were alleged to have violated a state
69	69	or federal criminal law or any civil law or municipal ordinance at age 17.
70	70	For further information see the state and local fiscal estimate, which will be
71	71	printed as an appendix to this bill.
72	72	The people of the state of Wisconsin, represented in senate and assembly, do
73	73	enact as follows:
74	74	SECTION 1. 20.437 (1) (cL) of the statutes is created to read:
75	75	1
76	76	2
77	77	3 - 3 -2023 - 2024 Legislature
78	78	LRB-5935/1
79	79	EHS:klm
80	80	SECTION 1
81	81	SENATE BILL 1067
82	82	20.437 (1) (cL) Seventeen-year-old juvenile justice aids. A sum sufficient for
83	83	the purposes under s. 48.5275.
84	84	SECTION 2. 48.02 (1d) of the statutes is amended to read:
85	85	48.02 (1d) “Adult" means a person who is 18 years of age or older, except that
86	86	for purposes of investigating or prosecuting a person who is alleged to have violated
87	87	any state or federal criminal law or any civil law or municipal ordinance, “adult"
88	88	means a person who has attained 17 years of age.
89	89	SECTION 3. 48.02 (2) of the statutes is amended to read:
90	90	48.02 (2) “Child," when used without further qualification, means a person who
91	91	is less than 18 years of age, except that for purposes of investigating or prosecuting
92	92	a person who is alleged to have violated a state or federal criminal law or any civil
93	93	law or municipal ordinance, “child" does not include a person who has attained 17
94	94	years of age.
95	95	SECTION 4. Subchapter IX (title) of chapter 48 [precedes 48.44] of the statutes
96	96	is amended to read:
97	97	CHAPTER 48
98	98	SUBCHAPTER IX
99	99	JURISDICTION OVER PERSON 17
100	100	OR OLDER ADULTS
101	101	SECTION 5. 48.44 of the statutes is amended to read:
102	102	48.44 Jurisdiction over persons 17 or older adults. The court has
103	103	jurisdiction over persons 17 years of age or older adults as provided under ss. 48.133,
104	104	48.355 (4), 48.357 (6), 48.365 (5), and 48.45 and as otherwise specifically provided in
105	105	this chapter.
106	106	SECTION 6. 48.45 (1) (a) of the statutes is amended to read:
107	107	1
108	108	2
109	109	3
110	110	4
111	111	5
112	112	6
113	113	7
114	114	8
115	115	9
116	116	10
117	117	11
118	118	12
119	119	13
120	120	14
121	121	15
122	122	16
123	123	17
124	124	18
125	125	19
126	126	20
127	127	21
128	128	22
129	129	23
130	130	24
131	131	25 - 4 -2023 - 2024 Legislature LRB-5935/1
132	132	EHS:klm
133	133	SECTION 6 SENATE BILL 1067
134	134	48.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition
135	135	described in s. 48.13 it appears that any person 17 years of age or older adult has been
136	136	guilty of contributing to, encouraging, or tending to cause by any act or omission,
137	137	such that condition of the child, the judge may make orders with respect to the
138	138	conduct of such that person in his or her relationship to the child, including orders
139	139	determining the ability of the person to provide for the maintenance or care of the
140	140	child and directing when, how, and from where funds for the maintenance or care
141	141	shall be paid.
142	142	SECTION 7. 48.45 (1) (am) of the statutes is amended to read:
143	143	48.45 (1) (am) If in the hearing of a case of an unborn child and the unborn
144	144	child's expectant mother alleged to be in a condition described in s. 48.133 it appears
145	145	that any person 17 years of age or over adult has been guilty of contributing to,
146	146	encouraging, or tending to cause by any act or omission, such that condition of the
147	147	unborn child and expectant mother, the judge may make orders with respect to the
148	148	conduct of such that person in his or her relationship to the unborn child and
149	149	expectant mother.
150	150	SECTION 8. 48.45 (3) of the statutes is amended to read:
151	151	48.45 (3) If it appears at a court hearing that any person 17 years of age or older
152	152	adult has violated s. 948.40, the judge shall refer the record to the district attorney
153	153	for criminal proceedings as may be warranted in the district attorney's judgment.
154	154	This subsection does not prevent prosecution of violations of s. 948.40 without the
155	155	prior reference by the judge to the district attorney, as in other criminal cases.
156	156	SECTION 9. 48.5275 of the statutes is created to read:
157	157	48.5275 Seventeen-year-old juvenile justice aids. Notwithstanding s.
158	158	48.526, from the appropriation under s. 20.437 (1) (cL), beginning on January 1,
159	159	1
160	160	2
161	161	3
162	162	4
163	163	5
164	164	6
165	165	7
166	166	8
167	167	9
168	168	10
169	169	11
170	170	12
171	171	13
172	172	14
173	173	15
174	174	16
175	175	17
176	176	18
177	177	19
178	178	20
179	179	21
180	180	22
181	181	23
182	182	24
183	183	25 - 5 -2023 - 2024 Legislature
184	184	LRB-5935/1
185	185	EHS:klm
186	186	SECTION 9
187	187	SENATE BILL 1067
188	188	2024, the department shall reimburse counties for the costs under s. 48.526 (2) (c)
189	189	associated with juveniles who were alleged to have violated a state or federal
190	190	criminal law or any civil law or municipal ordinance at age 17.
191	191	SECTION 10. 118.163 (4) of the statutes is amended to read:
192	192	118.163 (4) A person who is under 17 years of age a minor on the date of
193	193	disposition is subject to s. 938.342.
194	194	SECTION 11. 125.07 (4) (d) of the statutes is amended to read:
195	195	125.07 (4) (d) A person who is under 17 years of age a minor on the date of
196	196	disposition is subject to s. 938.344 unless proceedings have been instituted against
197	197	the person in a court of civil or criminal jurisdiction after dismissal of the citation
198	198	under s. 938.344 (3).
199	199	SECTION 12. 125.07 (4) (e) 1. of the statutes is amended to read:
200	200	125.07 (4) (e) 1. In this paragraph, “defendant" means a person found guilty
201	201	of violating par. (a) or (b) who is 17, 18, 19 or 20 an adult under 21 years of age.
202	202	SECTION 13. 125.085 (3) (bt) of the statutes is amended to read:
203	203	125.085 (3) (bt) A person who is under 17 years of age a minor on the date of
204	204	disposition is subject to s. 938.344 unless proceedings have been instituted against
205	205	the person in a court of civil or criminal jurisdiction after dismissal of the citation
206	206	under s. 938.344 (3).
207	207	SECTION 14. 165.83 (1) (c) 1. of the statutes is amended to read:
208	208	165.83 (1) (c) 1. An act that is committed by a person who has attained the age
209	209	of 17 an adult and that is a felony or a misdemeanor.
210	210	SECTION 15. 165.83 (1) (c) 2. of the statutes is amended to read:
211	211	1
212	212	2
213	213	3
214	214	4
215	215	5
216	216	6
217	217	7
218	218	8
219	219	9
220	220	10
221	221	11
222	222	12
223	223	13
224	224	14
225	225	15
226	226	16
227	227	17
228	228	18
229	229	19
230	230	20
231	231	21
232	232	22
233	233	23 - 6 -2023 - 2024 Legislature LRB-5935/1
234	234	EHS:klm
235	235	SECTION 15 SENATE BILL 1067
236	236	165.83 (1) (c) 2. An act that is committed by a person minor who has attained
237	237	the age of 10 but who has not attained the age of 17 and that would be a felony or
238	238	misdemeanor if committed by an adult.
239	239	SECTION 16. 301.12 (2m) of the statutes is amended to read:
240	240	301.12 (2m) The liability specified in sub. (2) shall not apply to persons 17 and
241	241	older adults receiving care, maintenance, services, and supplies provided by prisons
242	242	named in s. 302.01.
243	243	SECTION 17. 301.12 (14) (a) of the statutes is amended to read:
244	244	301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person
245	245	specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17
246	246	years of age minors in residential, nonmedical facilities such as group homes, foster
247	247	homes, residential care centers for children and youth, and juvenile correctional
248	248	institutions is determined in accordance with the cost-based fee established under
249	249	s. 301.03 (18). The department shall bill the liable person up to any amount of
250	250	liability not paid by an insurer under s. 632.89 (2) or (4m) or by other 3rd-party
251	251	benefits, subject to rules that include formulas governing ability to pay promulgated
252	252	by the department under s. 301.03 (18). Any liability of the resident not payable by
253	253	any other person terminates when the resident reaches age 17 becomes an adult,
254	254	unless the liable person has prevented payment by any act or omission.
255	255	SECTION 18. 302.31 (7) of the statutes is amended to read:
256	256	302.31 (7) The temporary placement of persons in the custody of the
257	257	department, other than persons under 17 years of age minors, and persons who have
258	258	attained the age of 17 years but have not attained adults under the age of 25 years
259	259	who are under the supervision of the department under s. 938.355 (4) and who have
260	260	1
261	261	2
262	262	3
263	263	4
264	264	5
265	265	6
266	266	7
267	267	8
268	268	9
269	269	10
270	270	11
271	271	12
272	272	13
273	273	14
274	274	15
275	275	16
276	276	17
277	277	18
278	278	19
279	279	20
280	280	21
281	281	22
282	282	23
283	283	24 - 7 -2023 - 2024 Legislature
284	284	LRB-5935/1
285	285	EHS:klm
286	286	SECTION 18
287	287	SENATE BILL 1067
288	288	been taken into custody pending revocation of community supervision or aftercare
289	289	supervision under s. 938.357 (5) (e).
290	290	SECTION 19. 938.02 (1) of the statutes is amended to read:
291	291	938.02 (1) “Adult" means a person who is 18 years of age or older, except that
292	292	for purposes of investigating or prosecuting a person who is alleged to have violated
293	293	any state or federal criminal law or any civil law or municipal ordinance, “adult"
294	294	means a person who has attained 17 years of age.
295	295	SECTION 20. 938.02 (10m) of the statutes is amended to read:
296	296	938.02 (10m) “Juvenile," when used without further qualification, means a
297	297	person who is less than 18 years of age, except that for purposes of investigating or
298	298	prosecuting a person who is alleged to have violated a state or federal criminal law
299	299	or any civil law or municipal ordinance, “juvenile" does not include a person who has
300	300	attained 17 years of age.
301	301	SECTION 21. 938.12 (2) of the statutes is amended to read:
302	302	938.12 (2) SEVENTEEN-YEAR-OLDS JUVENILES WHO BECOME ADULTS. If a petition
303	303	alleging that a juvenile is delinquent is filed before the juvenile is 17 years of age
304	304	becomes an adult, but the juvenile becomes 17 years of age an adult before admitting
305	305	the facts of the petition at the plea hearing or, if the juvenile denies the facts, before
306	306	an adjudication, the court retains jurisdiction over the case.
307	307	SECTION 22. 938.18 (2) of the statutes is amended to read:
308	308	938.18 (2) PETITION. The petition for waiver of jurisdiction may be filed by the
309	309	district attorney or the juvenile or may be initiated by the court and shall contain a
310	310	brief statement of the facts supporting the request for waiver. The petition for waiver
311	311	of jurisdiction shall be accompanied by or filed after the filing of a petition alleging
312	312	delinquency and shall be filed prior to the plea hearing, except that if the juvenile
313	313	1
314	314	2
315	315	3
316	316	4
317	317	5
318	318	6
319	319	7
320	320	8
321	321	9
322	322	10
323	323	11
324	324	12
325	325	13
326	326	14
327	327	15
328	328	16
329	329	17
330	330	18
331	331	19
332	332	20
333	333	21
334	334	22
335	335	23
336	336	24
337	337	25 - 8 -2023 - 2024 Legislature LRB-5935/1
338	338	EHS:klm
339	339	SECTION 22 SENATE BILL 1067
340	340	denies the facts of the petition and becomes 17 years of age an adult before an
341	341	adjudication, the petition for waiver of jurisdiction may be filed at any time prior to
342	342	the adjudication. If the court initiates the petition for waiver of jurisdiction, the
343	343	judge shall disqualify himself or herself from any future proceedings on the case.
344	344	SECTION 23. 938.183 (3) of the statutes is amended to read:
345	345	938.183 (3) PLACEMENT IN STATE PRISON; PAROLE. When Subject to s. 973.013
346	346	(3m), when a juvenile who is subject to a criminal penalty under sub. (1m) or s.
347	347	938.183 (2), 2003 stats., attains the age of 17 years becomes an adult, the department
348	348	of corrections may place the juvenile in a state prison named in s. 302.01, except that
349	349	that department may not place any person under the age of 18 years in the
350	350	correctional institution authorized in s. 301.16 (1n). A juvenile who is subject to a
351	351	criminal penalty under sub. (1m) or under s. 938.183 (2), 2003 stats., for an act
352	352	committed before December 31, 1999, is eligible for parole under s. 304.06.
353	353	SECTION 24. 938.255 (1) (intro.) of the statutes is amended to read:
354	354	938.255 (1) TITLE AND CONTENTS. (intro.) A petition initiating proceedings
355	355	under this chapter, other than a petition initiating proceedings under s. 938.12,
356	356	938.125, or 938.13 (12), shall be entitled, “In the interest of (juvenile's name), a
357	357	person under the age of 18".." A petition initiating proceedings under s. 938.12,
358	358	938.125, or 938.13 (12) shall be entitled, “In the interest of (juvenile's name), a person
359	359	under the age of 17". juvenile." A petition initiating proceedings under this chapter
360	360	shall specify all of the following:
361	361	SECTION 25. 938.34 (8) of the statutes is amended to read:
362	362	938.34 (8) FORFEITURE. Impose a forfeiture based upon a determination that
363	363	this disposition is in the best interest of the juvenile and the juvenile's rehabilitation.
364	364	The maximum forfeiture that the court may impose under this subsection for a
365	365	1
366	366	2
367	367	3
368	368	4
369	369	5
370	370	6
371	371	7
372	372	8
373	373	9
374	374	10
375	375	11
376	376	12
377	377	13
378	378	14
379	379	15
380	380	16
381	381	17
382	382	18
383	383	19
384	384	20
385	385	21
386	386	22
387	387	23
388	388	24
389	389	25 - 9 -2023 - 2024 Legislature
390	390	LRB-5935/1
391	391	EHS:klm
392	392	SECTION 25
393	393	SENATE BILL 1067
394	394	violation by a juvenile is the maximum amount of the fine that may be imposed on
395	395	an adult for committing that violation or, if the violation is applicable only to a person
396	396	under 18 years of age juveniles, $100. The order shall include a finding that the
397	397	juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months
398	398	for payment. If the juvenile fails to pay the forfeiture, the court may vacate the
399	399	forfeiture and order other alternatives under this section; or the court may suspend
400	400	any license issued under ch. 29 for not less than 30 days nor more than 5 years, or
401	401	suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more
402	402	than 2 years. If the court suspends any license under this subsection, the clerk of the
403	403	court shall immediately take possession of the suspended license if issued under ch.
404	404	29 or, if the license is issued under ch. 343, the court may take possession of, and if
405	405	possession is taken, shall destroy, the license. The court shall forward to the
406	406	department which that issued the license a notice of suspension stating that the
407	407	suspension is for failure to pay a forfeiture imposed by the court, together with any
408	408	license issued under ch. 29 of which the court takes possession. If the forfeiture is
409	409	paid during the period of suspension, the suspension shall be reduced to the time
410	410	period which that has already elapsed and the court shall immediately notify the
411	411	department, which shall then, if the license is issued under ch. 29, return the license
412	412	to the juvenile. Any recovery under this subsection shall be reduced by the amount
413	413	recovered as a forfeiture for the same act under s. 938.45 (1r) (b).
414	414	SECTION 26. 938.343 (2) of the statutes is amended to read:
415	415	938.343 (2) FORFEITURE. Impose a forfeiture not to exceed the maximum
416	416	forfeiture that may be imposed on an adult for committing that violation or, if the
417	417	violation is only applicable to a person under 18 years of age juveniles, $50. The
418	418	order shall include a finding that the juvenile alone is financially able to pay and
419	419	1
420	420	2
421	421	3
422	422	4
423	423	5
424	424	6
425	425	7
426	426	8
427	427	9
428	428	10
429	429	11
430	430	12
431	431	13
432	432	14
433	433	15
434	434	16
435	435	17
436	436	18
437	437	19
438	438	20
439	439	21
440	440	22
441	441	23
442	442	24
443	443	25 - 10 -2023 - 2024 Legislature LRB-5935/1
444	444	EHS:klm
445	445	SECTION 26 SENATE BILL 1067
446	446	shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture,
447	447	the court may suspend any license issued under ch. 29 or suspend the juvenile's
448	448	operating privilege, as defined in s. 340.01 (40), for not more than 2 years. The court
449	449	shall immediately take possession of the suspended license if issued under ch. 29 or,
450	450	if the license is issued under ch. 343, the court may take possession of, and if
451	451	possession is taken, shall destroy, the license. The court shall forward to the
452	452	department which that issued the license the notice of suspension stating that the
453	453	suspension is for failure to pay a forfeiture imposed by the court, together with any
454	454	license issued under ch. 29 of which the court takes possession. If the forfeiture is
455	455	paid during the period of suspension, the court shall immediately notify the
456	456	department, which shall, if the license is issued under ch. 29, return the license to
457	457	the person. Any recovery under this subsection shall be reduced by the amount
458	458	recovered as a forfeiture for the same act under s. 938.45 (1r) (b).
459	459	SECTION 27. 938.344 (3) of the statutes is amended to read:
460	460	938.344 (3) PROSECUTION IN ADULT COURT. If the juvenile alleged to have
461	461	committed the violation is within 3 months of his or her 17th birthday becoming an
462	462	adult, the court assigned to exercise jurisdiction under this chapter and ch. 48 may,
463	463	at the request of the district attorney or on its own motion, dismiss the citation
464	464	without prejudice and refer the matter to the district attorney for prosecution under
465	465	s. 125.07 (4). The juvenile is entitled to a hearing only on the issue of his or her age.
466	466	This subsection does not apply to violations under s. 961.573 (2), 961.574 (2), or
467	467	961.575 (2) or a local ordinance that strictly conforms to one of those statutes.
468	468	SECTION 28. 938.35 (1m) of the statutes is amended to read:
469	469	938.35 (1m) FUTURE CRIMINAL PROCEEDINGS BARRED. Disposition by the court
470	470	assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation
471	471	1
472	472	2
473	473	3
474	474	4
475	475	5
476	476	6
477	477	7
478	478	8
479	479	9
480	480	10
481	481	11
482	482	12
483	483	13
484	484	14
485	485	15
486	486	16
487	487	17
488	488	18
489	489	19
490	490	20
491	491	21
492	492	22
493	493	23
494	494	24
495	495	25 - 11 -2023 - 2024 Legislature
496	496	LRB-5935/1
497	497	EHS:klm
498	498	SECTION 28
499	499	SENATE BILL 1067
500	500	under s. 938.12 or 938.13 (12) shall bar any future proceeding on the same matter
501	501	in criminal court when the juvenile attains 17 years of age becomes an adult. This
502	502	subsection does not affect proceedings in criminal court that have been transferred
503	503	under s. 938.18.
504	504	SECTION 29. 938.355 (4) (b) of the statutes is amended to read:
505	505	938.355 (4) (b) Except as provided in s. 938.368, an order under s. 938.34 (4d)
506	506	or (4m) made before the juvenile attains 18 years of age may apply for up to 2 years
507	507	after the date on which the order is granted or until the juvenile's 18th 19th birthday,
508	508	whichever is earlier, unless the court specifies a shorter period of time or the court
509	509	terminates the order sooner. If the order does not specify a termination date, it shall
510	510	apply for one year after the date on which the order is granted or until the juvenile's
511	511	18th 19th birthday, whichever is earlier, unless the court terminates the order
512	512	sooner. Except as provided in s. 938.368, an order under s. 938.34 (4h) made before
513	513	the juvenile attains 18 years of age shall apply for 5 years after the date on which the
514	514	order is granted, if the juvenile is adjudicated delinquent for committing a violation
515	515	of s. 943.10 (2) or for committing an act that would be punishable as a Class B or C
516	516	felony if committed by an adult, or until the juvenile reaches 25 years of age, if the
517	517	juvenile is adjudicated delinquent for committing an act that would be punishable
518	518	as a Class A felony if committed by an adult. Except as provided in s. 938.368, an
519	519	extension of an order under s. 938.34 (4d), (4h), (4m), or (4n) made before the juvenile
520	520	attains 17 years of age becomes an adult shall terminate at the end of one year after
521	521	the date on which the order is granted unless the court specifies a shorter period of
522	522	time or the court terminates the order sooner. No extension under s. 938.365 of an
523	523	original dispositional order under s. 938.34 (4d), (4h), (4m), or (4n) may be granted
524	524	1
525	525	2
526	526	3
527	527	4
528	528	5
529	529	6
530	530	7
531	531	8
532	532	9
533	533	10
534	534	11
535	535	12
536	536	13
537	537	14
538	538	15
539	539	16
540	540	17
541	541	18
542	542	19
543	543	20
544	544	21
545	545	22
546	546	23
547	547	24 - 12 -2023 - 2024 Legislature LRB-5935/1
548	548	EHS:klm
549	549	SECTION 29 SENATE BILL 1067
550	550	for a juvenile who is 17 years of age or older when becomes an adult by the time the
551	551	original dispositional order terminates.
552	552	SECTION 30. 938.355 (4m) (a) of the statutes is amended to read:
553	553	938.355 (4m) (a) A juvenile who has been adjudged delinquent under s. 48.12,
554	554	1993 stats., or s. 938.12 may, on attaining 17 years of age becoming an adult, petition
555	555	the court to expunge the court's record of the juvenile's adjudication. Subject to par.
556	556	(b), the court may expunge the record if the court determines that the juvenile has
557	557	satisfactorily complied with the conditions of his or her dispositional order and that
558	558	the juvenile will benefit from, and society will not be harmed by, the expungement.
559	559	SECTION 31. 938.39 of the statutes is amended to read:
560	560	938.39 Disposition by court bars criminal proceeding. Disposition by the
561	561	court of any violation of state law within its jurisdiction under s. 938.12 bars any
562	562	future criminal proceeding on the same matter in circuit court when the juvenile
563	563	reaches the age of 17 becomes an adult. This section does not affect criminal
564	564	proceedings in circuit court that were transferred under s. 938.18.
565	565	SECTION 32. Subchapter IX (title) of chapter 938 [precedes 938.44] of the
566	566	statutes is amended to read:
567	567	CHAPTER 938
568	568	SUBCHAPTER IX
569	569	JURISDICTION OVER PERSONS 17
570	570	OR OLDER ADULTS
571	571	SECTION 33. 938.44 of the statutes is amended to read:
572	572	938.44 Jurisdiction over persons 17 or older adults. The court has
573	573	jurisdiction over persons 17 years of age or older adults as provided under ss. 938.355
574	574	(4), 938.357 (6), 938.365 (5), and 938.45 and as otherwise specified in this chapter.
575	575	1
576	576	2
577	577	3
578	578	4
579	579	5
580	580	6
581	581	7
582	582	8
583	583	9
584	584	10
585	585	11
586	586	12
587	587	13
588	588	14
589	589	15
590	590	16
591	591	17
592	592	18
593	593	19
594	594	20
595	595	21
596	596	22
597	597	23
598	598	24
599	599	25 - 13 -2023 - 2024 Legislature
600	600	LRB-5935/1
601	601	EHS:klm
602	602	SECTION 34
603	603	SENATE BILL 1067
604	604	SECTION 34. 938.45 (1) (a) of the statutes is amended to read:
605	605	938.45 (1) (a) If in the hearing of a case of a juvenile alleged to be delinquent
606	606	under s. 938.12 or in need of protection or services under s. 938.13 it appears that any
607	607	person 17 years of age or older adult has been guilty of contributing to, encouraging,
608	608	or tending to cause by any act or omission, such that condition of the juvenile, the
609	609	court may make orders with respect to the conduct of that person in his or her
610	610	relationship to the juvenile, including orders relating to determining the ability of
611	611	the person to provide for the maintenance or care of the juvenile and directing when,
612	612	how, and from where funds for the maintenance or care shall be paid.
613	613	SECTION 35. 938.45 (3) of the statutes is amended to read:
614	614	938.45 (3) PROSECUTION OF ADULT CONTRIBUTING TO DELINQUENCY OF JUVENILE.
615	615	If it appears at a court hearing that any person 17 years of age or older adult has
616	616	violated s. 948.40, the court shall refer the record to the district attorney. This
617	617	subsection does not prohibit prosecution of violations of s. 948.40 without the prior
618	618	reference by the court to the district attorney.
619	619	SECTION 36. 938.48 (4m) (title) of the statutes is amended to read:
620	620	938.48 (4m) (title) CONTINUING CARE AND SERVICES FOR JUVENILES OVER 17 WHO
621	621	BECOME ADULTS.
622	622	SECTION 37. 938.48 (4m) (a) of the statutes is amended to read:
623	623	938.48 (4m) (a) Is at least 17 years of age an adult.
624	624	SECTION 38. 938.48 (4m) (b) of the statutes is amended to read:
625	625	938.48 (4m) (b) Was under the supervision of the department under s. 938.183,
626	626	938.34 (4h), or 938.357 (3) or (4) when the person reached 17 years of age became an
627	627	adult.
628	628	SECTION 39. 938.48 (14) of the statutes is amended to read:
629	629	1
630	630	2
631	631	3
632	632	4
633	633	5
634	634	6
635	635	7
636	636	8
637	637	9
638	638	10
639	639	11
640	640	12
641	641	13
642	642	14
643	643	15
644	644	16
645	645	17
646	646	18
647	647	19
648	648	20
649	649	21
650	650	22
651	651	23
652	652	24
653	653	25 - 14 -2023 - 2024 Legislature LRB-5935/1
654	654	EHS:klm
655	655	SECTION 39 SENATE BILL 1067
656	656	938.48 (14) SCHOOL-RELATED EXPENSES FOR JUVENILES OVER 17 WHO BECOME
657	657	ADULTS. Pay maintenance, tuition, and related expenses from the appropriation
658	658	under s. 20.410 (3) (ho) for persons who, when they attained 17 years of age became
659	659	adults, were students regularly attending a school, college, or university or regularly
660	660	attending a course of vocational or technical training designed to prepare them for
661	661	gainful employment, and who upon attaining that age becoming adults were under
662	662	the supervision of the department under s. 938.183, 938.34 (4h), or 938.357 (3) or (4)
663	663	as a result of a judicial decision.
664	664	SECTION 40. 938.57 (3) (title) of the statutes is amended to read:
665	665	938.57 (3) (title) CONTINUING MAINTENANCE FOR JUVENILES OVER 17 WHO BECOME
666	666	ADULTS.
667	667	SECTION 41. 938.57 (3) (a) (intro.) of the statutes is amended to read:
668	668	938.57 (3) (a) (intro.) From the reimbursement received under s. 48.569 (1) (d),
669	669	counties may provide funding for the maintenance of any juvenile person who meets
670	670	all of the following qualifications:
671	671	SECTION 42. 938.57 (3) (a) 1. of the statutes is amended to read:
672	672	938.57 (3) (a) 1. Is 17 years of age or older an adult.
673	673	SECTION 43. 938.57 (3) (a) 3. of the statutes is amended to read:
674	674	938.57 (3) (a) 3. Received funding under s. 48.569 (1) (d) immediately prior to
675	675	his or her 17th birthday becoming an adult.
676	676	SECTION 44. 938.57 (3) (b) of the statutes is amended to read:
677	677	938.57 (3) (b) The funding provided for the maintenance of a juvenile person
678	678	under par. (a) shall be in an amount equal to that which the juvenile person would
679	679	receive under s. 48.569 (1) (d) if the person were a juvenile were 16 years of age.
680	680	SECTION 45. 946.50 (intro.) of the statutes is amended to read:
681	681	1
682	682	2
683	683	3
684	684	4
685	685	5
686	686	6
687	687	7
688	688	8
689	689	9
690	690	10
691	691	11
692	692	12
693	693	13
694	694	14
695	695	15
696	696	16
697	697	17
698	698	18
699	699	19
700	700	20
701	701	21
702	702	22
703	703	23
704	704	24
705	705	25 - 15 -2023 - 2024 Legislature
706	706	LRB-5935/1
707	707	EHS:klm
708	708	SECTION 45
709	709	SENATE BILL 1067
710	710	946.50 Absconding. (intro.) Any person who is adjudicated delinquent, but
711	711	who intentionally fails to appear before the court assigned to exercise jurisdiction
712	712	under chs. 48 and 938 for his or her dispositional hearing under s. 938.335, and who
713	713	does not return to that court for a dispositional hearing before attaining the age of
714	714	17 years becoming an adult is guilty of the following:
715	715	SECTION 46. 948.01 (1) of the statutes is amended to read:
716	716	948.01 (1) “Child" means a person who has not attained the age of 18 years,
717	717	except that for purposes of prosecuting a person who is alleged to have violated a
718	718	state or federal criminal law, “child" does not include a person who has attained the
719	719	age of 17 years.
720	720	SECTION 47. 948.11 (2) (am) (intro.) of the statutes is amended to read:
721	721	948.11 (2) (am) (intro.) Any person who has attained the age of 17 and adult
722	722	who, with knowledge of the character and content of the description or narrative
723	723	account, verbally communicates, by any means, a harmful description or narrative
724	724	account to a child, with or without monetary consideration, is guilty of a Class I
725	725	felony if any of the following applies:
726	726	SECTION 48. 948.45 (1) of the statutes is amended to read:
727	727	948.45 (1) Except as provided in sub. (2), any person 17 years of age or older
728	728	adult who, by any act or omission, knowingly encourages or contributes to the
729	729	truancy, as defined under s. 118.16 (1) (c), of a person 17 years of age or under child
730	730	is guilty of a Class C misdemeanor.
731	731	SECTION 49. 948.60 (2) (d) of the statutes is amended to read:
732	732	948.60 (2) (d) A person under 17 years of age child who has violated this
733	733	subsection is subject to the provisions of ch. 938 unless jurisdiction is waived under
734	734	1
735	735	2
736	736	3
737	737	4
738	738	5
739	739	6
740	740	7
741	741	8
742	742	9
743	743	10
744	744	11
745	745	12
746	746	13
747	747	14
748	748	15
749	749	16
750	750	17
751	751	18
752	752	19
753	753	20
754	754	21
755	755	22
756	756	23
757	757	24 - 16 -2023 - 2024 Legislature LRB-5935/1
758	758	EHS:klm
759	759	SECTION 49 SENATE BILL 1067
760	760	s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction
761	761	under s. 938.183.
762	762	SECTION 50. 948.61 (4) of the statutes is amended to read:
763	763	948.61 (4) A person under 17 years of age child who has violated this section
764	764	is subject to the provisions of ch. 938, unless jurisdiction is waived under s. 938.18
765	765	or the person is subject to the jurisdiction of a court of criminal jurisdiction under s.
766	766	938.183.
767	767	SECTION 51. 961.455 (title) of the statutes is amended to read:
768	768	961.455 (title) Using a child minor for illegal drug distribution or
769	769	manufacturing purposes.
770	770	SECTION 52. 961.455 (1) of the statutes is amended to read:
771	771	961.455 (1) Any person who has attained the age of 17 years adult who
772	772	knowingly solicits, hires, directs, employs, or uses a person who is under the age of
773	773	17 years minor for the purpose of violating s. 961.41 (1) is guilty of a Class F felony.
774	774	SECTION 53. 961.455 (2) of the statutes is amended to read:
775	775	961.455 (2) The knowledge requirement under sub. (1) does not require proof
776	776	of knowledge of the age of the child minor. It is not a defense to a prosecution under
777	777	this section that the actor mistakenly believed that the person solicited, hired,
778	778	directed, employed, or used under sub. (1) had attained the age of 18 years, even if
779	779	the mistaken belief was reasonable.
780	780	SECTION 54. 961.46 of the statutes is amended to read:
781	781	961.46 Distribution to persons under age 18 minors. If a person 17 years
782	782	of age or over an adult violates s. 961.41 (1) by distributing or delivering a controlled
783	783	substance or a controlled substance analog to a person 17 years of age or under minor
784	784	who is at least 3 years his or her junior, the applicable maximum term of
785	785	1
786	786	2
787	787	3
788	788	4
789	789	5
790	790	6
791	791	7
792	792	8
793	793	9
794	794	10
795	795	11
796	796	12
797	797	13
798	798	14
799	799	15
800	800	16
801	801	17
802	802	18
803	803	19
804	804	20
805	805	21
806	806	22
807	807	23
808	808	24
809	809	25 - 17 -2023 - 2024 Legislature
810	810	LRB-5935/1
811	811	EHS:klm
812	812	SECTION 54
813	813	SENATE BILL 1067
814	814	imprisonment prescribed under s. 961.41 (1) for the offense may be increased by not
815	815	more than 5 years.
816	816	SECTION 55. 961.573 (2) of the statutes is amended to read:
817	817	961.573 (2) Any person minor who violates sub. (1) who is under 17 years of age
818	818	is subject to a disposition under s. 938.344 (2e).
819	819	SECTION 56. 961.574 (2) of the statutes is amended to read:
820	820	961.574 (2) Any person minor who violates sub. (1) who is under 17 years of age
821	821	is subject to a disposition under s. 938.344 (2e).
822	822	SECTION 57. 961.575 (1) of the statutes is amended to read:
823	823	961.575 (1) Any person 17 years of age or over adult who violates s. 961.574 (1)
824	824	by delivering drug paraphernalia to a person 17 years of age or under minor who is
825	825	at least 3 years younger than the violator may be fined not more than $10,000 or
826	826	imprisoned for not more than 9 months or both.
827	827	SECTION 58. 961.575 (2) of the statutes is amended to read:
828	828	961.575 (2) Any person minor who violates this section who is under 17 years
829	829	of age is subject to a disposition under s. 938.344 (2e).
830	830	SECTION 59. 961.575 (3) of the statutes is amended to read:
831	831	961.575 (3) Any person 17 years of age or over adult who violates s. 961.574 (3)
832	832	by delivering drug paraphernalia to a person 17 years of age or under minor is guilty
833	833	of a Class G felony.
834	834	SECTION 60. 990.01 (3) of the statutes is amended to read:
835	835	990.01 (3) ADULT. “Adult" means a person who has attained the age of 18 years,
836	836	except that for purposes of investigating or prosecuting a person who is alleged to
837	837	have violated any state or federal criminal law or any civil law or municipal
838	838	ordinance, “adult" means a person who has attained the age of 17 years.
839	839	1
840	840	2
841	841	3
842	842	4
843	843	5
844	844	6
845	845	7
846	846	8
847	847	9
848	848	10
849	849	11
850	850	12
851	851	13
852	852	14
853	853	15
854	854	16
855	855	17
856	856	18
857	857	19
858	858	20
859	859	21
860	860	22
861	861	23
862	862	24
863	863	25 - 18 -2023 - 2024 Legislature LRB-5935/1
864	864	EHS:klm
865	865	SECTION 61 SENATE BILL 1067
866	866	SECTION 61. 990.01 (20) of the statutes is amended to read:
867	867	990.01 (20) MINOR. “Minor" means a person who has not attained the age of
868	868	18 years, except that for purposes of investigating or prosecuting a person who is
869	869	alleged to have violated a state or federal criminal law or any civil law or municipal
870	870	ordinance, “minor" does not include a person who has attained the age of 17 years.
871	871	SECTION 62.0Initial applicability.
872	872	(1) This act first applies to a violation of a criminal law, civil law, or municipal
873	873	ordinance allegedly committed on the effective date of this subsection.
874	874	SECTION 63.0Effective date.
875	875	(1) This act takes effect on the day after publication, or the 2nd day after
876	876	publication of the 2023 biennial budget, act whichever occurs later.
877	877	(END)
878	878	1
879	879	2
880	880	3
881	881	4
882	882	5
883	883	6
884	884	7
885	885	8
886	886	9
887	887	10
888	888	11
889	889	12