AB746,4,2421 48.02 (2) "Child" means a person who is less than 18 years of age, except that
22for purposes of investigating or prosecuting a person who is alleged to have violated
23a state or federal criminal law or any civil law or municipal ordinance, "child" does
24not include a person who has attained 17 years of age.

AB746,5,13

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148.366 (8) Transfer to or between facilities. The department of corrections
2may transfer a person subject to an order between juvenile correctional facilities.
3After the person attains the age of 17 18 years, the department of corrections may
4place the person in a state prison named in s. 302.01, except that the department of
5corrections may not place any person under the age of 18 years in the correctional
6institution authorized in s. 301.16 (1n). If the department of corrections places a
7person subject to an order under this section in a state prison, that department shall
8provide services for that person from the appropriate appropriation under s. 20.410
9(1). The department of corrections may transfer a person placed in a state prison
10under this subsection to or between state prisons named in s. 302.01 without
11petitioning for revision of the order under sub. (5) (a), except that the department of
12corrections may not transfer any person under the age of 18 years to the correctional
13institution authorized in s. 301.16 (1n).

AB746,5,20 2048.44 (title) Jurisdiction over persons 17 18 or older.

AB746,5,2422 48.44 (1) The court has jurisdiction over persons 17 18 years of age or older as
23provided under ss. 48.133, 48.355 (4), and 48.45 and as otherwise specifically
24provided in this chapter.

AB746,6,8

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148.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition
2described in s. 48.13 it appears that any person 17 18 years of age or older has been
3guilty of contributing to, encouraging, or tending to cause by any act or omission,
4such that condition of the child, the judge may make orders with respect to the
5conduct of such that person in his or her relationship to the child, including orders
6determining the ability of the person to provide for the maintenance or care of the
7child and directing when, how, and from where funds for the maintenance or care
8shall be paid.

AB746,6,1610 48.45 (1) (am) If in the hearing of a case of an unborn child and the unborn
11child's expectant mother alleged to be in a condition described in s. 48.133 it appears
12that any person 17 18 years of age or over has been guilty of contributing to,
13encouraging, or tending to cause by any act or omission, such that condition of the
14unborn child and expectant mother, the judge may make orders with respect to the
15conduct of such that person in his or her relationship to the unborn child and
16expectant mother.

AB746,6,2218 48.45 (3) If it appears at a court hearing that any person 17 18 years of age or
19older has violated s. 948.40, the judge shall refer the record to the district attorney
20for criminal proceedings as may be warranted in the district attorney's judgment.
21This subsection does not prevent prosecution of violations of s. 948.40 without the
22prior reference by the judge to the district attorney, as in other criminal cases.

AB746,7,724 49.45 (6m) (br) 1. Notwithstanding s. 20.410 (3) (cd), (h), or (ko), 20.435 (4) (bt)
25or (7) (b), or 20.445 (3) (dz), the department shall reduce allocations of funds to

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1counties in the amount of the disallowance from the appropriation account under s.
220.435 (4) (bt) or (7) (b), or the department shall direct the department of workforce
3development to reduce allocations of funds to counties or Wisconsin works agencies
4in the amount of the disallowance from the appropriation account under s. 20.445 (3)
5(dz) or direct the department of corrections to reduce allocations of funds to counties
6in the amount of the disallowance from the appropriation account under s. 20.410 (3)
7(cd), (h), or (ko) in accordance with s. 16.544 to the extent applicable.

AB746,7,1810 49.45 (6m) (br) 1. Notwithstanding s. 20.410 (3) (cd), (h), or (ko), 20.435 (4) (bt)
11or (7) (b), or 20.437 (2) (dz), the department shall reduce allocations of funds to
12counties in the amount of the disallowance from the appropriation account under s.
1320.435 (4) (bt) or (7) (b), or the department shall direct the department of children
14and families to reduce allocations of funds to counties or Wisconsin Works agencies
15in the amount of the disallowance from the appropriation account under s. 20.437 (2)
16(dz) or direct the department of corrections to reduce allocations of funds to counties
17in the amount of the disallowance from the appropriation account under s. 20.410 (3)
18(cd), (h), or (ko) in accordance with s. 16.544 to the extent applicable.

AB746,7,2220 77.51 (24) "Video game" means any electronically operated game that involves
21manipulating images produced by a computer program on a visual display unit,
22including a computer monitor, a television, or a video gaming device.

AB746,7,2524 77.51 (25) "Video gaming device" means a video game console or handheld
25device that is used primarily for displaying video games.

AB746,8,72 77.52 (1) For Except as provided in sub. (1d), for the privilege of selling, leasing ,
3or renting tangible personal property, including accessories, components,
4attachments, parts, supplies, and materials, at retail a tax is imposed upon all
5retailers at the rate of 5% of the gross receipts from the sale, lease , or rental of
6tangible personal property, including accessories, components, attachments, parts,
7supplies, and materials, sold, leased, or rented at retail in this state.

AB746,8,149 77.52 (1d) In addition to the tax imposed on sub. (1), a fee is imposed upon all
10retailers at the rate of 1 percent of the gross receipts from the sale, lease, or rental
11of video games and video gaming devices, including accessories, components,
12attachments, parts, and supplies that are sold, leased, or rented at retail in this state.
13All moneys from the fee imposed under this subsection shall be credited to the
14appropriation under s. 20.410 (3) (h).

AB746,8,2116 77.52 (17m) (f) 2. Maintain accounting records that show the tax or fee under
17ss. 77.52 (1), (1d), and (2) and 77.53 (3) paid on each purchase during each reporting
18period under s. 77.58 and the total tax or fee paid during each reporting period, pay
19the tax or fee under ss. 77.52 (1), (1d), and (2) and 77.53 (3) on either all or none of
20the purchases made from each retailer during each reporting period and pay the tax
21under s. 77.53 (1) to the department on all of the purchases for which the tax is due.

AB746,9,623 77.53 (1) Except as provided in sub. subs. (1d) and (1m), an excise tax is levied
24and imposed on the use or consumption in this state of taxable services under s. 77.52
25purchased from any retailer, at the rate of 5% of the sales price of those services; on

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1the storage, use, or other consumption in this state of tangible personal property
2purchased from any retailer, at the rate of 5% of the sales price of that property; and
3on the storage, use, or other consumption of tangible personal property
4manufactured, processed, or otherwise altered, in or outside this state, by the person
5who stores, uses or consumes it, from material purchased from any retailer, at the
6rate of 5% of the sales price of that material.

AB746,9,128 77.53 (1d) In addition to the tax imposed under sub. (1), a fee is levied and
9imposed on the storage, use, or other consumption in this state of video games
10purchased from any retailer, at the rate of 1 percent of the sales price of such games.
11All moneys from the fee imposed under this subsection shall be credited to the
12appropriation under s. 20.410 (3) (h).

AB746,9,2414 77.61 (4) (c) For reporting the sales tax and the fee imposed under s. 77.52 (1d)
15and collecting and reporting the use tax imposed on the retailer under s. 77.53 (3) and
16the accounting connected with it, retailers may deduct 0.5% of those taxes payable
17or $10 for that reporting period required under s. 77.58 (1), whichever is greater, but
18not more than the amount of the sales taxes or use taxes that is payable under ss.
1977.52 (1) and (1d) and 77.53 (3) for that reporting period required under s. 77.58 (1),
20as administration expenses if the payment of the taxes is not delinquent. For
21purposes of calculating the retailer's discount under this paragraph, the taxes on
22retail sales reported by retailers under subch. V, including taxes collected and
23remitted as required under s. 77.785, shall be included if the payment of those taxes
24is not delinquent.

AB746,10,2

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1118.163 (4) A person who is under 17 18 years of age on the date of disposition
2is subject to s. 938.342.

AB746,10,74 125.07 (4) (d) A person who is under 17 18 years of age on the date of disposition
5is subject to s. 938.344 unless proceedings have been instituted against the person
6in a court of civil or criminal jurisdiction after dismissal of the citation under s.
7938.344 (3).

AB746,10,109 125.07 (4) (e) 1. In this paragraph, "defendant" means a person found guilty
10of violating par. (a) or (b) who is 17, 18, 19, or 20 years of age.

AB746,10,1512 125.085 (3) (bt) A person who is under 17 18 years of age on the date of
13disposition is subject to s. 938.344 unless proceedings have been instituted against
14the person in a court of civil or criminal jurisdiction after dismissal of the citation
15under s. 938.344 (3).

AB746,10,1817 165.83 (1) (c) 1. An act that is committed by a person who has attained the age
18of 17 18 and that is a felony or a misdemeanor.

AB746,10,2220 165.83 (1) (c) 2. An act that is committed by a person who has attained the age
21of 10 but who has not attained the age of 17 18 and that would be a felony or
22misdemeanor if committed by an adult.

AB746,11,3

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1301.12 (2m) The liability specified in sub. (2) shall not apply to persons 17 18
2years of age and older receiving care, maintenance, services, and supplies provided
3by prisons named in s. 302.01.

AB746,11,155 301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person
6specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17
718 years of age in residential, nonmedical facilities such as group homes, foster
8homes, treatment foster homes, child caring institutions, and juvenile correctional
9institutions is determined in accordance with the cost-based fee established under
10s. 301.03 (18). The department shall bill the liable person up to any amount of
11liability not paid by an insurer under s. 632.89 (2) or (2m) or by other 3rd-party
12benefits, subject to rules which that include formulas governing ability to pay
13promulgated by the department under s. 301.03 (18). Any liability of the resident not
14payable by any other person terminates when the resident reaches age 17 18, unless
15the liable person has prevented payment by any act or omission.

AB746,11,1917 301.26 (3) (c) Within the limits of the appropriations under s. 20.410 (3) (cd),
18(h), and (ko), the department shall allocate funds to each county for services under
19this section.

AB746,12,221 301.26 (3) (em) The department may carry forward any emergency funds
22allocated under sub. (7) (e) and not encumbered or carried forward under par. (dm)
23by December 31 to the next 2 calendar years. The department may transfer moneys
24from or within s. 20.410 (3) (cd), (h), and (ko) to accomplish this purpose. The
25department may allocate these transferred moneys to counties that are eligible for

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1emergency payments under sub. (7) (e). The allocation does not affect a county's base
2allocation.

AB746,12,154 301.26 (4) (a) Except as provided in pars. (c) and (cm), the department of
5corrections shall bill counties or deduct from the allocations under s. 20.410 (3) (cd),
6(h), and (ko) for the costs of care, services and supplies purchased or provided by the
7department of corrections for each person receiving services under s. 48.366, 938.183
8or 938.34 or the department of health and family services for each person receiving
9services under s. 46.057 or 51.35 (3). The department of corrections may not bill a
10county for or deduct from a county's allocation the cost of care, services and supplies
11provided to a person subject to an order under s. 48.366 or 938.183 after the person
12reaches 18 years of age. Payment shall be due within 60 days after the billing date.
13If any payment has not been received within 60 days, the department of corrections
14may withhold aid payments in the amount due from the appropriation under s.
1520.410 (3) (cd).

AB746,12,2017 301.26 (6) (a) The intent of this subsection is to develop criteria to assist the
18legislature in allocating funding, excluding funding for base allocations, from the
19appropriations under s. 20.410 (3) (cd), (h), and (ko) for purposes described in this
20section.

AB746,13,222 302.31 (7) The temporary placement of persons in the custody of the
23department, other than persons under 17 18 years of age, and persons who have
24attained the age of 17 18 years but have not attained the age of 25 years who are
25under the supervision of the department under s. 48.366 or 938.355 (4) and who have

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1been taken into custody pending revocation of aftercare supervision under s. 48.366
2(5) or 938.357 (5) (e).

AB746,13,74 938.02 (1) "Adult" means a person who is 18 years of age or older, except that
5for purposes of investigating or prosecuting a person who is alleged to have violated
6any state or federal criminal law or any civil law or municipal ordinance, "adult"
7means a person who has attained 17 years of age.

AB746,13,129 938.02 (10m) "Juvenile" means a person who is less than 18 years of age, except
10that for purposes of investigating or prosecuting a person who is alleged to have
11violated a state or federal criminal law or any civil law or municipal ordinance,
12"juvenile" does not include a person who has attained 17 years of age.

AB746,13,1814 938.12 (2) Seventeen-year olds Eighteen-year-olds. If a petition alleging
15that a juvenile is delinquent is filed before the juvenile is 17 18 years of age, but the
16juvenile becomes 17 18 years of age before admitting the facts of the petition at the
17plea hearing or if the juvenile denies the facts, before an adjudication, the court
18retains jurisdiction over the case.

AB746,14,320 938.18 (2) Petition. The petition for waiver of jurisdiction may be filed by the
21district attorney or the juvenile or may be initiated by the court and shall contain a
22brief statement of the facts supporting the request for waiver. The petition for waiver
23of jurisdiction shall be accompanied by or filed after the filing of a petition alleging
24delinquency and shall be filed prior to the plea hearing, except that if the juvenile
25denies the facts of the petition and becomes 17 18 years of age before an adjudication,

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1the petition for waiver of jurisdiction may be filed at any time prior to the
2adjudication. If the court initiates the petition for waiver of jurisdiction, the judge
3shall disqualify himself or herself from any future proceedings on the case.

AB746,14,115 938.183 (3) Placement in state prison; parole. When a juvenile who is subject
6to a criminal penalty under sub. (1m) or s. 938.183 (2), 2003 stats., attains the age
7of 17 18 years, the department may place the juvenile in a state prison named in s.
8302.01, except that the department may not place any person under the age of 18
9years in the correctional institution authorized in s. 301.16 (1n). A juvenile who is
10subject to a criminal penalty under sub. (1m) or under s. 938.183 (2), 2003 stats., for
11an act committed before December 31, 1999, is eligible for parole under s. 304.06.

AB746,14,1913 938.255 (1) Title and contents. (intro.) A petition initiating proceedings
14under this chapter, other than a petition initiating proceedings under s. 938.12,
15938.125, or 938.13 (12), shall be entitled, "In the interest of (juvenile's name), a
16person under the age of 18". A petition initiating proceedings under s. 938.12,
17938.125, or 938.13 (12) shall be entitled, "In the interest of (juvenile's name), a person
18under the age of 17".." A petition initiating proceedings under this chapter shall
19specify all of the following:

AB746,15,321 938.344 (3) Prosecution in adult court. If the juvenile alleged to have
22committed the violation is within 3 months of his or her 17th 18th birthday, the court
23assigned to exercise jurisdiction under this chapter and ch. 48 may, at the request
24of the district attorney or on its own motion, dismiss the citation without prejudice
25and refer the matter to the district attorney for prosecution under s. 125.07 (4). The

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1juvenile is entitled to a hearing only on the issue of his or her age. This subsection
2does not apply to violations under s. 961.573 (2), 961.574 (2), or 961.575 (2) or a local
3ordinance that strictly conforms to one of those statutes.

AB746,15,105 938.35 (1m) Future criminal proceedings barred. Disposition by the court
6assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation
7under s. 938.12 or 938.13 (12) shall bar any future proceeding on the same matter
8in criminal court when the juvenile attains 17 18 years of age. This paragraph
9subsection does not affect proceedings in criminal court that have been transferred
10under s. 938.18.

AB746,16,712 938.355 (4) (b) Except as provided in s. 938.368, an order under s. 938.34 (4d)
13or (4m) made before the juvenile attains 18 years of age may apply for up to 2 years
14after the date on which the order is granted or until the juvenile's 18th birthday,
15whichever is earlier, unless the court specifies a shorter period of time or the court
16terminates the order sooner. If the order does not specify a termination date, it shall
17apply for one year after the date on which the order is granted or until the juvenile's
1818th birthday, whichever is earlier, unless the court terminates the order sooner.
19Except as provided in s. 938.368, an order under s. 938.34 (4h) made before the
20juvenile attains 18 years of age shall apply for 5 years after the date on which the
21order is granted, if the juvenile is adjudicated delinquent for committing a violation
22of s. 943.10 (2) or for committing an act that would be punishable as a Class B or C
23felony if committed by an adult, or until the juvenile reaches 25 years of age, if the
24juvenile is adjudicated delinquent for committing an act that would be punishable
25as a Class A felony if committed by an adult. Except as provided in s. 938.368, an

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1extension of an order under s. 938.34 (4d), (4h), (4m), or (4n) made before the juvenile
2attains 17 18 years of age shall terminate at the end of one year after the date on
3which the order is granted unless the court specifies a shorter period of time or the
4court terminates the order sooner. No extension under s. 938.365 of an original
5dispositional order under s. 938.34 (4d), (4h), (4m), or (4n) may be granted for a
6juvenile who is 17 18 years of age or older when the original dispositional order
7terminates.

AB746,16,149 938.355 (4m) (a) A juvenile who has been adjudged delinquent under s. 48.12,
101993 stats., or s. 938.12 may, on attaining 17 18 years of age, petition the court to
11expunge the court's record of the juvenile's adjudication. Subject to par. (b), the court
12may expunge the record if the court determines that the juvenile has satisfactorily
13complied with the conditions of his or her dispositional order and that the juvenile
14will benefit from, and society will not be harmed by, the expungement.

AB746,16,20 16938.39 Disposition by court bars criminal proceeding. Disposition by the
17court of any violation of state law within its jurisdiction under s. 938.12 bars any
18future criminal proceeding on the same matter in circuit court when the juvenile
19reaches the age of 17 18. This section does not affect criminal proceedings in circuit
20court that were transferred under s. 938.18.