AB746, s. 18 8Section 18. 77.52 (1d) of the statutes is created to read:
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, s. 19 15Section 19. 77.52 (17m) (f) 2. of the statutes is amended to read:
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, s. 20 22Section 20. 77.53 (1) of the statutes is amended to read:
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

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, s. 21 7Section 21. 77.53 (1d) of the statutes is created to read:
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, s. 22 13Section 22. 77.61 (4) (c) of the statutes is amended to read:
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, s. 23 25Section 23. 118.163 (4) of the statutes is amended to read:
AB746,10,2
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, s. 24 3Section 24. 125.07 (4) (d) of the statutes is amended to read:
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, s. 25 8Section 25. 125.07 (4) (e) 1. of the statutes is amended to read:
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, s. 26 11Section 26. 125.085 (3) (bt) of the statutes is amended to read:
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, s. 27 16Section 27. 165.83 (1) (c) 1. of the statutes is amended to read:
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, s. 28 19Section 28. 165.83 (1) (c) 2. of the statutes is amended to read:
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, s. 29 23Section 29. 301.12 (2m) of the statutes is amended to read:
AB746,11,3
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, s. 30 4Section 30. 301.12 (14) (a) of the statutes is amended to read:
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, s. 31 16Section 31. 301.26 (3) (c) of the statutes is amended to read:
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, s. 32 20Section 32. 301.26 (3) (em) of the statutes is amended to read:
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

1emergency payments under sub. (7) (e). The allocation does not affect a county's base
2allocation.
AB746, s. 33 3Section 33. 301.26 (4) (a) of the statutes is amended to read:
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, s. 34 16Section 34. 301.26 (6) (a) of the statutes is amended to read:
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, s. 35 21Section 35. 302.31 (7) of the statutes is amended to read:
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

1been taken into custody pending revocation of aftercare supervision under s. 48.366
2(5) or 938.357 (5) (e).
AB746, s. 36 3Section 36. 938.02 (1) of the statutes is amended to read:
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, s. 37 8Section 37. 938.02 (10m) of the statutes is amended to read:
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, s. 38 13Section 38. 938.12 (2) of the statutes is amended to read:
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, s. 39 19Section 39. 938.18 (2) of the statutes is amended to read:
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,

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, s. 40 4Section 40. 938.183 (3) of the statutes is amended to read:
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, s. 41 12Section 41. 938.255 (1) (intro.) of the statutes is amended to read:
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, s. 42 20Section 42. 938.344 (3) of the statutes is amended to read:
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

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, s. 43 4Section 43. 938.35 (1m) of the statutes is amended to read:
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, s. 44 11Section 44. 938.355 (4) (b) of the statutes is amended to read:
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

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, s. 45 8Section 45. 938.355 (4m) (a) of the statutes is amended to read:
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, s. 46 15Section 46. 938.39 of the statutes is amended to read:
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.
AB746, s. 47 21Section 47. Subchapter IX (title) of chapter 938 [precedes 938.44] of the
22statutes is amended to read:
AB746,16,2323 CHAPTER 938
AB746,16,2524 SUBCHAPTER IX
25 JURISDICTION OVER PERSONS 17 18 OR OLDER
AB746, s. 48
1Section 48. 938.44 of the statutes is amended to read:
AB746,17,4 2938.44 Jurisdiction over persons 17 18 or older. The court has jurisdiction
3over persons 17 18 years of age or older as provided under ss. 938.355 (4) and 938.45
4and as otherwise specified in this chapter.
AB746, s. 49 5Section 49. 938.45 (1) (a) of the statutes is amended to read:
AB746,17,136 938.45 (1) (a) If in the hearing of a case of a juvenile alleged to be delinquent
7under s. 938.12 or in need of protection or services under s. 938.13 it appears that any
8person 17 18 years of age or older has been guilty of contributing to, encouraging, or
9tending to cause by any act or omission, such that condition of the juvenile, the court
10may make orders with respect to the conduct of that person in his or her relationship
11to the juvenile, including orders relating to determining the ability of the person to
12provide for the maintenance or care of the juvenile and directing when, how, and
13where funds for the maintenance or care shall be paid.
AB746, s. 50 14Section 50. 938.45 (3) of the statutes is amended to read:
AB746,17,1915 938.45 (3) Prosecution of adult contributing to delinquency of juvenile.
16If it appears at a court hearing that any person 17 18 years of age or older has violated
17s. 948.40, the court shall refer the record to the district attorney. This subsection does
18not prohibit prosecution of violations of s. 948.40 without the prior reference by the
19court to the district attorney.
AB746, s. 51 20Section 51. 938.48 (4m) (a) of the statutes is amended to read:
AB746,17,2121 938.48 (4m) (a) Is at least 17 18 years of age.
AB746, s. 52 22Section 52. 938.48 (4m) (b) of the statutes is amended to read:
AB746,17,2423 938.48 (4m) (b) Was under the supervision of the department under s. 938.183,
24938.34 (4h), (4m), or (4n) or 938.357 (4) when the person reached 17 18 years of age.
AB746, s. 53 25Section 53. 938.48 (14) of the statutes is amended to read:
AB746,18,8
1938.48 (14) School-related expenses for juveniles over 17 18 . Pay
2maintenance, tuition, and related expenses from the appropriation under s. 20.410
3(3) (ho) for persons who, when they attained 17 18 years of age, were students
4regularly attending a school, college, or university or regularly attending a course of
5vocational or technical training designed to prepare them for gainful employment,
6and who upon attaining that age were under the supervision of the department
7under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (4) as a result of a judicial
8decision.
AB746, s. 54 9Section 54. 938.57 (3) (a) 1. of the statutes is amended to read:
AB746,18,1010 938.57 (3) (a) 1. Is 17 18 years of age or older.
AB746, s. 55 11Section 55. 938.57 (3) (a) 3. of the statutes is amended to read:
AB746,18,1312 938.57 (3) (a) 3. Received funding under s. 46.495 (1) (d) immediately prior to
13his or her 17th 18th birthday.
AB746, s. 56 14Section 56. 938.57 (3) (a) 3. of the statutes, as affected by 2007 Wisconsin Acts
1520
and .... (this act), is repealed and recreated to read:
AB746,18,1716 938.57 (3) (a) 3. Received funding under s. 48.569 (1) (d) immediately prior to
17his or her 18th birthday.
AB746, s. 57 18Section 57. 938.57 (3) (b) of the statutes is amended to read:
AB746,18,2119 938.57 (3) (b) The funding provided for the maintenance of a juvenile under par.
20(a) shall be in an amount equal to that to which the juvenile would receive under s.
2146.495 (1) (d) if the juvenile were 16 17 years of age.
AB746, s. 58 22Section 58. 938.57 (3) (b) of the statutes, as affected by 2007 Wisconsin Acts
2320
and .... (this act), is repealed and recreated to read:
AB746,19,3
1938.57 (3) (b) The funding provided for the maintenance of a juvenile under par.
2(a) shall be in an amount equal to that to which the juvenile would receive under s.
348.569 (1) (d) if the juvenile were 17 years of age.
AB746, s. 59 4Section 59. 946.50 (intro.) of the statutes is amended to read:
AB746,19,9 5946.50 Absconding. (intro.) Any person who is adjudicated delinquent, but
6who intentionally fails to appear before the court assigned to exercise jurisdiction
7under chs. 48 and 938 for his or her dispositional hearing under s. 938.335, and who
8does not return to that court for a dispositional hearing before attaining the age of
917 18 years is guilty of the following:
AB746, s. 60 10Section 60. 948.01 (1) of the statutes is amended to read:
AB746,19,1411 948.01 (1) "Child" means a person who has not attained the age of 18 years,
12except that for purposes of prosecuting a person who is alleged to have violated a
13state or federal criminal law, "child" does not include a person who has attained the
14age of 17 years
.
AB746, s. 61 15Section 61. 948.11 (2) (am) (intro.) of the statutes is amended to read:
AB746,19,2016 948.11 (2) (am) (intro.) Any person who has attained the age of 17 18 and who,
17with knowledge of the character and content of the description or narrative account,
18verbally communicates, by any means, a harmful description or narrative account
19to a child, with or without monetary consideration, is guilty of a Class I felony if any
20of the following applies:
Loading...
Loading...