AB150,2329,227 946.42 (1) (a) "Custody" includes without limitation actual custody of an
8institution, including a secured juvenile correctional facility, a secure detention
9facility, as defined under s. 48.02 (16), or a juvenile portion of a county jail, or of a
10peace officer or institution guard and constructive custody of prisoners and juveniles
11subject to an order under s. 48.34 (4m), 48.357 (4) or (5) (e) or 48.366 temporarily
12outside the institution whether for the purpose of work, school, medical care, a leave
13granted under s. 303.068, a temporary leave or furlough granted to a juvenile or
14otherwise. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the
15county to which the prisoner was transferred after conviction. "Custody" also
16includes the custody by the department of health and social services of a child who
17is placed in the community under corrective sanctions supervision under s. 48.533
18and custody by the department of corrections of a person who is placed in the
19community under youthful serious juvenile offender supervision under s. 48.537. It
20does not include the custody of a probationer or parolee by the department of
21corrections or a probation or parole officer or the custody of a person who has been
22released to aftercare supervision under ch. 48 unless the person is in actual custody.
AB150, s. 7234 23Section 7234. 946.44 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts
24377 and 486, is amended to read:
AB150,2330,4
1946.44 (1) (a) Any officer or employe of an institution where prisoners are
2detained or any officer or employe providing corrective sanctions supervision under
3s. 48.533 or youthful serious juvenile offender supervision under s. 48.537 who
4intentionally permits a prisoner in the officer's or employe's custody to escape; or
AB150, s. 7235 5Section 7235. 946.45 (1) of the statutes, as affected by 1993 Wisconsin Act 377,
6is amended to read:
AB150,2330,117 946.45 (1) Any officer or employe of an institution where prisoners are detained
8or any officer or employe providing corrective sanctions supervision under s. 48.533
9or youthful serious juvenile offender supervision under s. 48.537 who, through his
10or her neglect of duty, allows a prisoner in his or her custody to escape is guilty of a
11Class B misdemeanor.
AB150, s. 7236 12Section 7236. 948.01 (1) of the statutes is amended to read:
AB150,2330,1613 948.01 (1) "Child" means a person who has not attained the age of 18 years,
14except that for purposes of prosecuting a person who is alleged to have violated a
15state or federal criminal law, "child" does not include a person who has attained the
16age of 17 years
.
AB150, s. 7237 17Section 7237. 948.31 (1) (a) 2. of the statutes is amended to read:
AB150,2330,2118 948.31 (1) (a) 2. The department of health and social services or the department
19of corrections
or any person, county department under s. 46.215, 46.22 or 46.23 or
20licensed child welfare agency, if custody of the child has been transferred under ch.
2148 to that department, person or agency.
AB150, s. 7238 22Section 7238. 948.35 (1) (a) of the statutes is amended to read:
AB150,2331,323 948.35 (1) (a) Except as provided in pars. (b) to (d) or s. 161.455, any person who
24has attained the age of 18 17 years and who, with the intent that a felony be
25committed and under circumstances that indicate unequivocally that he or she has

1the intent, knowingly solicits, advises, hires, directs or counsels a child person 17
2years of age or under
to commit that felony may be fined or imprisoned or both, not
3to exceed the maximum penalty for the felony.
AB150, s. 7239 4Section 7239. 948.36 (1) of the statutes is amended to read:
AB150,2331,115 948.36 (1) Any person who has attained the age of 18 17 years and who, with
6the intent that a Class A felony be committed and under circumstances that indicate
7unequivocally that he or she has that intent, knowingly solicits, advises, hires,
8directs, counsels, employs, uses or otherwise procures a child person 17 years of age
9or under
to commit that Class A felony may, if the Class A felony is committed by the
10child, be imprisoned for not more than 5 years in excess of the maximum period of
11imprisonment provided by law for that Class A felony.
AB150, s. 7240 12Section 7240. 948.45 (1) of the statutes is amended to read:
AB150,2331,1613 948.45 (1) Except as provided in sub. (2), any person 18 17 years of age or older
14who, by any act or omission, knowingly encourages or contributes to the truancy, as
15defined under s. 118.16 (1) (c), of a child person 17 years of age or under is guilty of
16a Class C misdemeanor.
AB150, s. 7241 17Section 7241. 948.45 (2) of the statutes is amended to read:
AB150,2331,1918 948.45 (2) Subsection (1) does not apply to a person who has under his or her
19control a child who has been sanctioned under s. 49.50 (7) (h) 49.26 (1) (h).
AB150, s. 7242 20Section 7242. 948.60 (title), (2) and (3) of the statutes are amended to read:
AB150,2331,22 21948.60 (title) Possession of a dangerous weapon by a child person
22under 18
.
AB150,2331,24 23(2) (a) Any child person under 18 years of age who possesses or goes armed with
24a dangerous weapon is guilty of a Class A misdemeanor.
AB150,2332,3
1(b) Except as provided in par. (c), any person who intentionally sells, loans or
2gives a dangerous weapon to a child person under 18 years of age is guilty of a Class
3E felony.
AB150,2332,64 (c) Whoever violates par. (b) is guilty of a Class D felony if the child person
5under 18 years of age
under par. (b) discharges the firearm and the discharge causes
6death to himself, herself or another.
AB150,2332,87 (d) A child person under 17 years of age who has violated this subsection is
8subject to the provisions of ch. 48 unless jurisdiction is waived under s. 48.18
AB150,2332,16 9(3) (a) This section does not apply to a child person under 18 years of age who
10possesses or is armed with a dangerous weapon when the dangerous weapon is being
11used in target practice under the supervision of an adult or in a course of instruction
12in the traditional and proper use of the dangerous weapon under the supervision of
13an adult. This section does not apply to an adult who transfers a dangerous weapon
14to a child person under 18 years of age for use only in target practice under the adult's
15supervision or in a course of instruction in the traditional and proper use of the
16dangerous weapon under the adult's supervision.
AB150,2332,2117 (b) This section does not apply to a child person under 18 years of age who is
18a member of the armed forces or national guard and who possesses or is armed with
19a dangerous weapon in the line of duty. This section does not apply to an adult who
20is a member of the armed forces or national guard and who transfers a dangerous
21weapon to a child person under 18 years of age in the line of duty.
AB150,2333,222 (c) This section does not apply to a child person under 18 years of age who
23possesses or is armed with a firearm having a barrel 12 inches in length or longer and
24who is in compliance with ss. 29.226 and 29.227. This section does not apply to an

1adult who transfers a firearm having a barrel 12 inches in length or longer to a child
2person under 18 years of age who is in compliance with ss. 29.226 and 29.227.
AB150, s. 7243 3Section 7243. 948.61 (4) of the statutes is amended to read:
AB150,2333,54 948.61 (4) A child person under 17 years of age who has violated this section
5is subject to the provisions of ch. 48, unless jurisdiction is waived under s. 48.18.
AB150, s. 7244 6Section 7244. 951.01 (4) of the statutes is amended to read:
AB150,2333,97 951.01 (4) "Law enforcement officer" has the meaning assigned under s. 967.02
8(5) and includes a humane officer under s. 58.07 but does not include a conservation
9warden appointed under s. 23.10 or a state park ranger appointed under s. 27.92.
AB150, s. 7245 10Section 7245. 967.02 (2) of the statutes is amended to read:
AB150,2333,1211 967.02 (2) "Department" means the department of corrections, except as
12provided in s. ss. 973.135 (1) (a) and 975.001.
AB150, s. 7246 13Section 7246. 967.08 (2) (intro.) of the statutes is amended to read:
AB150,2333,1814 967.08 (2) (intro.) The court may permit the following proceedings to be
15conducted under sub. (1) with the consent of the defendant on the request of either
16party
. The defendant's consent and any request and the opposing party's showing
17of good cause for not conducting the proceeding under sub. (1) may be made by
18telephone.
AB150, s. 7247 19Section 7247. 970.01 (1) of the statutes is amended to read:
AB150,2334,520 970.01 (1) Any person who is arrested shall be taken within a reasonable time
21before a judge in the county in which the offense was alleged to have been committed.
22The person may waive physical appearance and request that the initial appearance
23may be conducted on the record by telephone or live audiovisual means under s.
24967.08. If the initial appearance is conducted by telephone or live audiovisual
25means, the person may waive physical appearance.
Waiver of physical appearance

1shall be placed on the record of the initial appearance and does not waive other
2grounds for challenging the court's personal jurisdiction. If the person does not waive
3physical appearance, conducting the initial appearance by telephone or live
4audiovisual means under s. 967.08 does not waive any grounds that the person has
5for challenging the court's personal jurisdiction.
AB150, s. 7248 6Section 7248. 971.11 (1) of the statutes is amended to read:
AB150,2334,157 971.11 (1) Whenever the warden or superintendent receives notice of an
8untried criminal case pending in this state against an inmate of a state prison, the
9warden or superintendent shall, at the request of the inmate, send by certified mail
10a written request to the district attorney for prompt disposition of the case. The
11request shall state the sentence then being served, the date of parole eligibility, if
12applicable,
the approximate discharge or conditional release date, and prior decision
13relating to parole. If there has been no preliminary examination on the pending case,
14the request shall state whether the inmate waives such examination, and, if so, shall
15be accompanied by a written waiver signed by the inmate.
AB150, s. 7249 16Section 7249. 971.23 (10) of the statutes is created to read:
AB150,2334,2317 971.23 (10) Payment of photocopy costs in cases involving indigent
18defendants.
When the state public defender or a private attorney appointed under
19s. 977.08 requests photocopies of any item that is discoverable under this section, the
20state public defender shall pay any fee charged for the photocopies from the
21appropriation under s. 20.550 (1) (a). If the person providing photocopies under this
22section charges the state public defender a fee for the photocopies, the fee may not
23exceed the actual, necessary and direct cost of photocopying.
AB150, s. 7250 24Section 7250. 973.01 of the statutes is repealed.
AB150, s. 7251 25Section 7251. 973.011 of the statutes is repealed.
AB150, s. 7252
1Section 7252. 973.012 of the statutes is repealed.
AB150, s. 7253 2Section 7253. 973.013 (3m) of the statutes is amended to read:
AB150,2335,173 973.013 (3m) If a person who has not attained the age of 16 years is sentenced
4to the Wisconsin state prisons, the department of corrections shall place the person
5at a secured juvenile correctional facility, unless the department of health and social
6services, after consultation with the department of
corrections , determines that
7placement in an institution under s. 302.01 is appropriate based on the person's prior
8record of adjustment in a correctional setting, if any; the person's present and
9potential vocational and educational needs, interests and abilities; the adequacy and
10suitability of available facilities; the services and procedures available for treatment
11of the person within the various institutions; the protection of the public; and any
12other considerations promulgated by the department of health and social services
13corrections by rule. This subsection does not preclude the department of corrections
14from designating an adult correctional institution as a reception center for the
15person and subsequently transferring the person to a secured juvenile correctional
16facility. Section 302.11 and ch. 304 apply to all persons placed in a secured juvenile
17correctional facility under this subsection.
AB150, s. 7254 18Section 7254. 973.014 (1) (c) of the statutes is created to read:
AB150,2335,2119 973.014 (1) (c) The person is not eligible for parole. This paragraph applies only
20if the court sentences a person for a crime committed on or after the effective date
21of this paragraph .... [revisor inserts date].
AB150, s. 7255 22Section 7255. 973.032 (2) (a) of the statutes is amended to read:
AB150,2336,523 973.032 (2) (a) A court may sentence a person under sub. (1) if the department
24provides a presentence investigation report recommending that the person be
25sentenced to the program. If the department does not make the recommendation,

1a court may order the department to assess and evaluate the person. After that
2assessment and evaluation, the court may sentence the person to the program unless
3the department objects on the ground that the presumptively appropriate sentence
4under the sentencing guideline matrices is
it recommends that the person be placed
5on
probation.
AB150, s. 7256 6Section 7256. 973.055 (3) of the statutes is amended to read:
AB150,2336,97 973.055 (3) All moneys collected from domestic abuse assessments shall be
8deposited by the state treasurer in s. 20.435 (7) (1) (hh) and utilized in accordance
9with s. 46.95.
AB150, s. 7257 10Section 7257. 973.06 (1) (e) of the statutes is amended to read:
AB150,2336,1411 973.06 (1) (e) Attorney fees payable to the defense attorney by the county or
12the state. If the court determines at the time of sentencing that the defendant's
13financial circumstances are changed, the court may adjust the amount in accordance
14with s. 977.07 (1) (a) and (2) (a).
AB150, s. 7258 15Section 7258. 973.135 (title) of the statutes is amended to read:
AB150,2336,17 16973.135 (title) Courts to report convictions to the state superintendent
17department of public instruction education.
AB150, s. 7259 18Section 7259. 973.135 (1) (a) of the statutes is renumbered 973.135 (1) (am).
AB150, s. 7260 19Section 7260. 973.135 (1) (a) of the statutes is created to read:
AB150,2336,20 20973.135 (1) (a) "Department" means the department of education.
AB150, s. 7261 21Section 7261. 973.135 (1) (b) of the statutes is repealed.
AB150, s. 7262 22Section 7262. 973.135 (2) of the statutes is amended to read:
AB150,2337,323 973.135 (2) If a court determines that a person convicted of a crime specified
24in ch. 948, including a crime specified in s. 948.015, a felony for which the maximum
25term of imprisonment is at least 5 years, 4th degree sexual assault under s. 940.225

1(3m) or a crime in which the victim was a child, is employed by an educational agency,
2the clerk of the court in which such conviction occurred shall promptly forward to the
3state superintendent department the record of conviction.
AB150, s. 7263 4Section 7263. 973.135 (3) of the statutes is amended to read:
AB150,2337,75 973.135 (3) If a conviction under sub. (2) is reversed, set aside or vacated, the
6clerk of the court shall promptly forward to the state superintendent department a
7certificate stating that the conviction has been reversed, set aside or vacated.
AB150, s. 7264 8Section 7264. 977.05 (4) (i) 7. of the statutes is repealed.
AB150, s. 7265 9Section 7265. 977.05 (4) (j) of the statutes is amended to read:
AB150,2337,1610 977.05 (4) (j) At the request of any person determined by the state public
11defender to be indigent or upon referral of any court, prosecute a writ of error, appeal,
12action or proceeding for habeas corpus or other postconviction or post-commitment
13remedy or attack the conditions of confinement on behalf of the person before any
14court, if the state public defender determines the case should be pursued. The state
15public defender must pursue the case of any indigent person entitled to counsel
16under s. 971.17 (7) (b) 1. or 980.03 (2) (a).
AB150, s. 7266 17Section 7266. 977.05 (6) (title) of the statutes is amended to read:
AB150,2337,1818 977.05 (6) (title) Restriction Restrictions.
AB150, s. 7267 19Section 7267. 977.05 (6) of the statutes is renumbered 977.05 (6) (a) and
20amended to read:
AB150,2337,2421 977.05 (6) (a) The state public defender shall may not provide legal services or
22assign counsel for cases involving a person subject to contempt of court proceedings
23involving the alleged failure of the person to pay a forfeiture to a county or
24municipality.
AB150, s. 7268 25Section 7268. 977.05 (6) (b) of the statutes is created to read:
AB150,2338,3
1977.05 (6) (b) The state public defender may not provide legal services or assign
2counsel for a person subject to contempt of court proceedings under s. 767.30 or
3767.305 for failure to pay child or family support, if any of the following applies:
AB150,2338,54 1. The action is not brought by the state, its delegate under s. 59.458 (1) or an
5attorney appointed under s. 767.045 (1) (c).
AB150,2338,86 2. The judge or family court commissioner before whom the proceedings shall
7be held certifies to the state public defender that the person will not be incarcerated
8if he or she is found in contempt of court.
AB150, s. 7269 9Section 7269. 977.06 of the statutes is created to read:
AB150,2338,12 10977.06 Indigency determinations; redeterminations; verification;
11collection. (1)
Duties. The public defender shall determine whether persons are
12indigent and shall establish a system to do all of the following:
AB150,2338,1413 (a) Verify the information regarding assets, income and expenses and income
14specified under s. 977.07 (2).
AB150,2338,1615 (b) Redetermine indigency during the course of representation of persons
16receiving representation.
AB150,2338,1817 (c) Record the amount of time spent on each case by the attorney appointed
18under s. 977.08.
AB150,2338,2119 (d) Collect for the cost of representation from persons who are indigent in part
20or who have been otherwise determined to be able to reimburse the state public
21defender for the cost of providing counsel.
AB150, s. 7270 22Section 7270. 977.06 (2) (title) of the statutes is created to read:
AB150,2338,2323 977.06 (2) (title) Verifications.
AB150, s. 7271 24Section 7271. 977.06 (3) (title) of the statutes is created to read:
AB150,2338,2525 977.06 (3) (title) Redeterminations.
AB150, s. 7272
1Section 7272. 977.06 (4) (title) of the statutes is created to read:
AB150,2339,22 977.06 (4) (title) Oversight.
AB150, s. 7273 3Section 7273. 977.07 (2) (a) of the statutes is renumbered 977.07 (2) and
4amended to read:
AB150,2340,185 977.07 (2) The representative of the state public defender or the authority for
6indigency determinations specified under sub. (1) making a determination of
7indigency shall ascertain the assets of the person which exceed the amount needed
8for the payment of reasonable and necessary expenses incurred, or which must be
9incurred to support the person and the person's immediate family. The assets shall
10include disposable income, cash in hand, stocks and bonds, bank accounts and other
11property which can be converted to cash within a reasonable period of time and is not
12needed to hold a job, or to shelter, clothe and care for the person and the person's
13immediate family. Assets which cannot be converted to cash within a reasonable
14period of time, such as a person's home, car, household furnishings, clothing and
15other property which has been declared exempt from attachment or execution by law,
16shall be calculated to be assets equivalent in dollars to the amount of the loan which
17could be, in fact, raised by using these assets as collateral. Assets also include any
18money expended by the person to post bond to obtain release regarding the current
19alleged offense. If the person's assets, less reasonable and necessary living expenses,
20are not sufficient to cover the anticipated cost of effective representation when the
21length and complexity of the anticipated proceedings are taken fully into account, the
22person shall be determined to be indigent in full or in part. The determination of the
23ability of the person to contribute to the cost of legal services shall be based upon
24specific written standards relating to income, assets and the anticipated cost of
25representation. If found to be indigent in full or in part, the person shall be promptly

1informed of the state's right to payment or recoupment under s. 48.275 (2), 757.66
2or 973.06 (1) (e), and the possibility that the payment of attorney fees may be made
3a condition of probation, should the person be placed on probation. Furthermore, if
4found to be indigent in part, the person shall be promptly informed of the extent to
5which he or she will be expected to pay for counsel, and whether the payment shall
6be in the form of a lump sum payment or periodic payments. The person shall be
7informed that the payment amount may be adjusted if his or her financial
8circumstances change by the time of sentencing. The payment and payment
9schedule shall be set forth in writing. Payments for services of the state public
10defender or other counsel provided under this chapter made pursuant to this
11subsection shall be paid to the state public defender for deposit in the state treasury
12and credited to the appropriation under s. 20.550 (1) (ja) (L). Under this subsection,
13reasonable and necessary living expenses equal the applicable payment amount
14under s. 49.19 (11) (a) 1. plus other specified, emergency or essential costs. The
15representative or authority making the determination of indigency shall consider
16any assets of the spouse of the person claiming to be indigent as if they were assets
17of the person, unless the spouse was the victim of a crime allegedly committed by the
18person.
AB150, s. 7274 19Section 7274. 977.07 (2) (b) of the statutes is renumbered 977.06 (3) and
20amended to read:
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