LRBa0459/1
GMM:kmg:kjf
1999 - 2000 LEGISLATURE
ASSEMBLY AMENDMENT 2,
TO 1999 ASSEMBLY BILL 247
June 1, 1999 - Offered by Representative Goetsch.
AB247-AA2,1,11 At the locations indicated, amend the bill as follows:
AB247-AA2,1,2 21. Page 2, line 2: after "restitution" insert "and the payment of a forfeiture".
AB247-AA2,1,5 32. Page 8, line 13: delete lines 13 and 14 and substitute "such deferred
4prosecution agreement shall include a determination that the juvenile alone is
5financially able to pay or physically able to perform the services,
may allow".
AB247-AA2,1,8 63. Page 8, line 16: after "services" insert ". Any deferred prosecution
7agreement that requires the performance of services for the victim shall include a
8determination that the juvenile is physically able to perform the services
".
AB247-AA2,1,11 94. Page 9, line 10: delete lines 10 and 11 and substitute "(1) (d). Any order
10under this subd. 5. am. shall include a finding that the parent who has custody of the
11juvenile is financially able to pay the amount ordered
".
AB247-AA2,1,12 125. Page 9, line 12: delete "and" and substitute "and paragraph".
AB247-AA2,2,2
16. Page 9, line 13: delete "the payment" and substitute "the payment of the
2amount ordered
".
AB247-AA2,2,5 37. Page 16, line 16: delete lines 16 and 17 and substitute "by a juvenile shall
4include a finding that the juvenile alone is financially able to pay or physically able
5to perform the services,
may allow up to the date of the expiration".
AB247-AA2,2,8 68. Page 16, line 18: after "services" insert ". Any consent decree that requires
7the performance of services for the victim shall include a finding that the juvenile is
8physically able to perform the services
".
AB247-AA2,2,11 99. Page 17, line 13: delete lines 13 and 14 and substitute "parent who has
10custody of the juvenile shall include a finding that the parent who has custody of the
11juvenile is financially able to pay the amount ordered and
may".
AB247-AA2,2,13 1210. Page 17, line 15: delete "the payment" and substitute "the payment of the
13amount required
".
AB247-AA2,2,16 1411. Page 21, line 11: delete lines 11 and 12 and substitute "well-being and
15behavior of the juvenile
. Any such order shall include a finding that the juvenile
16alone is financially able to pay or physically able to perform the services,
".
AB247-AA2,2,19 1712. Page 21, line 14: after "services" insert ". Any such order that requires the
18performance of services for the victim shall include a finding that the juvenile is
19physically able to perform the services
".
AB247-AA2,2,20 2013. Page 24, line 14: after that line insert:
AB247-AA2,2,21 21" Section 47m. 938.34 (8) of the statutes is amended to read:
AB247-AA2,3,1922 938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that
23this disposition is in the best interest of the juvenile and in aid of rehabilitation. The

1maximum forfeiture that the court may impose under this subsection for a violation
2by a juvenile is the maximum amount of the fine that may be imposed on an adult
3for committing that violation or, if the violation is applicable only to a person under
418 years of age, $100. Any such order shall include a finding that the juvenile alone
5is financially able to pay the forfeiture and
shall allow up to 12 months for payment.
6If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order
7other alternatives under this section, in accordance with the conditions specified in
8this chapter; or the court may suspend any license issued under ch. 29 for not less
9than 30 days nor more than 5 years, or suspend the juvenile's operating privilege as
10defined in s. 340.01 (40) for not less than 30 days nor more than 5 years. If the court
11suspends any license under this subsection, the clerk of the court shall immediately
12take possession of the suspended license and forward it to the department which
13issued the license, together with a notice of suspension clearly stating that the
14suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is
15paid during the period of suspension, the suspension shall be reduced to the time
16period which has already elapsed and the court shall immediately notify the
17department which shall then return the license to the juvenile. Any recovery under
18this subsection shall be reduced by the amount recovered as a forfeiture for the same
19act under s. 938.45 (1r) (b).
AB247-AA2, s. 47p 20Section 47p. 938.34 (8) of the statutes, as affected by 1997 Wisconsin Act 84
21and 1999 Wisconsin Act .... (this act), is repealed and recreated to read:
AB247-AA2,4,1622 938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that
23this disposition is in the best interest of the juvenile and in aid of rehabilitation. The
24maximum forfeiture that the court may impose under this subsection for a violation
25by a juvenile is the maximum amount of the fine that may be imposed on an adult

1for committing that violation or, if the violation is applicable only to a person under
218 years of age, $100. Any such order shall allow up to 12 months for payment. If
3the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order
4other alternatives under this section, in accordance with the conditions specified in
5this chapter; or the court may suspend any license issued under ch. 29 for not less
6than 30 days nor more than 5 years, or suspend the juvenile's operating privilege as
7defined in s. 340.01 (40) for not more than 2 years. If the court suspends any license
8under this subsection, the clerk of the court shall immediately take possession of the
9suspended license and forward it to the department which issued the license,
10together with a notice of suspension clearly stating that the suspension is for failure
11to pay a forfeiture imposed by the court. If the forfeiture is paid during the period
12of suspension, the suspension shall be reduced to the time period which has already
13elapsed and the court shall immediately notify the department which shall then
14return the license to the juvenile. Any recovery under this subsection shall be
15reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r)
16(b).
AB247-AA2, s. 47r 17Section 47r. 938.343 (2) of the statutes is amended to read:
AB247-AA2,5,618 938.343 (2) Impose a forfeiture not to exceed the maximum forfeiture that may
19be imposed on an adult for committing that violation or, if the violation is only
20applicable to a person under 18 years of age, $50. Any such order shall include a
21finding that the juvenile alone is financially able to pay and
shall allow up to 12
22months for the payment. If a juvenile fails to pay the forfeiture, the court may
23suspend any license issued under ch. 29 or suspend the juvenile's operating privilege
24as defined in s. 340.01 (40), for not less than 30 days nor more than 5 years. The court
25shall immediately take possession of the suspended license and forward it to the

1department which issued the license, together with the notice of suspension clearly
2stating that the suspension is for failure to pay a forfeiture imposed by the court. If
3the forfeiture is paid during the period of suspension, the court shall immediately
4notify the department, which will thereupon return the license to the person. Any
5recovery under this subsection shall be reduced by the amount recovered as a
6forfeiture for the same act under s. 938.45 (1r) (b).
AB247-AA2, s. 47t 7Section 47t. 938.343 (2) of the statutes, as affected by 1997 Wisconsin Act 84
8and 1999 Wisconsin Act .... (this act), is repealed and recreated to read:
AB247-AA2,5,219 938.343 (2) Impose a forfeiture not to exceed the maximum forfeiture that may
10be imposed on an adult for committing that violation or, if the violation is only
11applicable to a person under 18 years of age, $50. Any such order shall allow up to
1212 months for the payment. If a juvenile fails to pay the forfeiture, the court may
13suspend any license issued under ch. 29 or suspend the juvenile's operating privilege
14as defined in s. 340.01 (40), for not more than 2 years. The court shall immediately
15take possession of the suspended license and forward it to the department which
16issued the license, together with the notice of suspension clearly stating that the
17suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is
18paid during the period of suspension, the court shall immediately notify the
19department, which will thereupon return the license to the person. Any recovery
20under this subsection shall be reduced by the amount recovered as a forfeiture for
21the same act under s. 938.45 (1r) (b).".
AB247-AA2,6,2 2214. Page 25, line 1: delete lines 1 to 3 and substitute "well-being and behavior
23of the juvenile
. Any such order requiring payment for repairs or restitution shall

1include a finding that the juvenile alone is financially able to pay or physically able
2to perform the services,
may allow up to the date of the".
AB247-AA2,6,5 315. Page 25, line 4: after "services" insert ". Any such order that requires the
4performance of services for the victim shall include a finding that the juvenile is
5physically able to perform the services
".
AB247-AA2,6,6 616. Page 28, line 4: delete "shall".
AB247-AA2,6,9 717. Page 28, line 5: delete lines 5 and 6 and substitute "shall include a finding
8that the parent who has custody of the juvenile is financially able to pay the amount
9ordered and
may allow up to the date of expiration of the order".
AB247-AA2,6,11 1018. Page 28, line 7: delete "the payment" and substitute "the payment of the
11amount ordered
".
AB247-AA2,6,12 1219. Page 28, line 8: after that line insert:
AB247-AA2,6,13 13" Section 56m. 938.45 (1r) (b) of the statutes is amended to read:
AB247-AA2,6,2314 938.45 (1r) (b) In a proceeding in which the court has determined under s.
15938.34 (8) or 938.343 (2) that the imposition of a forfeiture would be in the best
16interest of the juvenile and in aid of rehabilitation, the court may order a parent who
17has custody, as defined in s. 895.035 (1), of the juvenile to pay the forfeiture. The
18amount of any forfeiture ordered under this paragraph may not exceed the amount
19specified in s. 799.01 (1) (d). Any order under this paragraph shall include a finding
20that the parent who has custody of the juvenile is financially able to pay the amount
21ordered and
shall allow up to 12 months after the date of the order for the payment
22of the amount ordered. Any recovery under this paragraph shall be reduced by the
23amount recovered as a forfeiture for the same act under s. 938.34 (8) or 938.343 (2).".
AB247-AA2,6,24 2420. Page 32, line 19: after that line insert:
AB247-AA2,7,2
1" Section 68m. Effective dates. This act takes effect on the day after
2publication, except as follows:
AB247-AA2,7,6 3(1t) The repeal and recreation of sections 938.34 (8) and 938.343 (2) of the
4statutes takes effect on the date stated in the notice published by the secretary of
5transportation in the Wisconsin Administrative Register under section 85.515 of the
6statutes or on May 1, 2000, whichever is earlier.".
Loading...
Loading...