LRB-4601/1
GMM:nwn:ph
2009 - 2010 LEGISLATURE
April 7, 2010 - Introduced by Senator Taylor. Referred to Committee on Judiciary,
Corrections, Insurance, Campaign Finance Reform, and Housing.
SB674,1,10 1An Act to amend 48.02 (1d), 48.02 (2), 118.163 (4), 125.07 (4) (d), 125.07 (4) (e)
21., 125.085 (3) (bt), 938.02 (1), 938.02 (10m), 938.06 (5) (a) 1., 938.06 (5) (b),
3938.17 (2) (h) 1., 938.17 (2) (h) 4., 938.17 (2) (i) 4m., 938.255 (1) (intro.), 938.344
4(3), 938.355 (6) (a) 1., 938.355 (6) (a) 2., 938.355 (6) (an) 1., 938.355 (6) (an) 2.,
5938.355 (6) (d) 1., 938.355 (6m) (a) 1g., 990.01 (3) and 990.01 (20) of the statutes;
6relating to: the age at which a person who is alleged to have violated a civil law
7or municipal ordinance is subject to circuit court or municipal court jurisdiction
8rather than to juvenile court jurisdiction and prohibiting a juvenile who has
9committed a civil law or municipal ordinance violation from being placed in a
10juvenile detention facility.
Analysis by the Legislative Reference Bureau
Under current law, a person 17 years of age or older who is alleged to have
violated a civil law or municipal ordinance is subject to the jurisdiction and
procedures of the circuit court or, if applicable, the municipal court, while a person
under 17 years of age who is alleged to have violated a civil law or municipal
ordinance, subject to certain exceptions, is subject to the jurisdiction and procedures

of the court assigned to exercise jurisdiction under the Juvenile Justice Code. This
bill raises from 17 to 18 the age at which a person who is alleged to have violated a
civil law or municipal ordinance is subject to the jurisdiction and procedures of the
circuit court or, if applicable, the municipal court.
Under current law, a juvenile adjudged to have committed a civil law or
municipal ordinance violation, including a habitual truancy violation, who violates
a condition of his or her dispositional order is subject to various sanctions, including
placement in a juvenile detention facility or a place of nonsecure custody for not more
than 10 days. This bill eliminates placement in a juvenile detention facility as a
sanction for a violation of a civil law or ordinance violation dispositional order.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB674, s. 1 1Section 1. 48.02 (1d) of the statutes is amended to read:
SB674,2,52 48.02 (1d) "Adult" means a person who is 18 years of age or older, except that
3for purposes of investigating or prosecuting a person who is alleged to have violated
4any state or federal criminal law or any civil law or municipal ordinance, "adult"
5means a person who has attained 17 years of age.
SB674, s. 2 6Section 2. 48.02 (2) of the statutes, as affected by 2009 Wisconsin Act 94, is
7amended to read:
SB674,2,128 48.02 (2) "Child", when used without further qualification, means a person who
9is less than 18 years of age, except that for purposes of investigating or prosecuting
10a person who is alleged to have violated a state or federal criminal law or any civil
11law or municipal ordinance
, "child" does not include a person who has attained 17
12years of age.
SB674, s. 3 13Section 3. 118.163 (4) of the statutes is amended to read:
SB674,2,1514 118.163 (4) A person who is under 17 18 years of age on the date of disposition
15is subject to s. 938.342.
SB674, s. 4
1Section 4. 125.07 (4) (d) of the statutes is amended to read:
SB674,3,52 125.07 (4) (d) A person who is under 17 18 years of age on the date of disposition
3is subject to s. 938.344 unless proceedings have been instituted against the person
4in a court of civil or criminal jurisdiction after dismissal of the citation under s.
5938.344 (3).
SB674, s. 5 6Section 5. 125.07 (4) (e) 1. of the statutes is amended to read:
SB674,3,87 125.07 (4) (e) 1. In this paragraph, "defendant" means a person found guilty
8of violating par. (a) or (b) who is 17, 18, 19, or 20 years of age.
SB674, s. 6 9Section 6. 125.085 (3) (bt) of the statutes is amended to read:
SB674,3,1310 125.085 (3) (bt) A person who is under 17 18 years of age on the date of
11disposition is subject to s. 938.344 unless proceedings have been instituted against
12the person in a court of civil or criminal jurisdiction after dismissal of the citation
13under s. 938.344 (3).
SB674, s. 7 14Section 7. 938.02 (1) of the statutes is amended to read:
SB674,3,1815 938.02 (1) "Adult" means a person who is 18 years of age or older, except that
16for purposes of investigating or prosecuting a person who is alleged to have violated
17any state or federal criminal law or any civil law or municipal ordinance, "adult"
18means a person who has attained 17 years of age.
SB674, s. 8 19Section 8. 938.02 (10m) of the statutes, as affected by 2009 Wisconsin Act 94,
20is amended to read:
SB674,3,2521 938.02 (10m) "Juvenile", when used without further qualification, means a
22person who is less than 18 years of age, except that for purposes of investigating or
23prosecuting a person who is alleged to have violated a state or federal criminal law
24or any civil law or municipal ordinance, "juvenile" does not include a person who has
25attained 17 years of age.
SB674, s. 9
1Section 9. 938.06 (5) (a) 1. of the statutes is amended to read:
SB674,4,52 938.06 (5) (a) 1. Use placement in a juvenile detention facility or juvenile
3portion of the county jail as a disposition under s. 938.34 (3) (f) , as a sanction under
4s. 938.355 (6m) (a) 1g.,
or as a place of short-term detention under s. 938.355 (6d) (a)
51. or 2. or (b) 1. or 2. or 938.534 (1) (b) 1. or 2.
SB674, s. 10 6Section 10. 938.06 (5) (b) of the statutes is amended to read:
SB674,4,107 938.06 (5) (b) The use by the court of a disposition under s. 938.34 (3) (f) or (6)
8(am), a sanction under s. 938.355 (6m) (a) 1g., or short-term detention under s.
9938.355 (6d) (a) 1. or 2. or (b) 1. or 2. or 938.534 (1) (b) 1. or 2. is subject to any
10resolution adopted under par. (a).
SB674, s. 11 11Section 11. 938.17 (2) (h) 1. of the statutes is amended to read:
SB674,5,212 938.17 (2) (h) 1. If a juvenile who has violated a municipal ordinance, other
13than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition of his or
14her dispositional order, the municipal court may impose on the juvenile any of the
15sanctions specified in s. 938.355 (6) (d) 2. to 5. that are authorized under par. (cm)
16except for monitoring by an electronic monitoring system. The municipal court may
17also petition the court assigned to exercise jurisdiction under this chapter and ch. 48
18to impose on the juvenile the sanction of placement in a place of nonsecure custody
19as
specified in s. 938.355 (6) (d) 1. or of home detention with monitoring by an
20electronic monitoring system as specified in s. 938.355 (6) (d) 3., if authorized under
21par. (cm). A sanction may be imposed under this subdivision only if at the time of
22judgment the court explained the conditions to the juvenile and informed the
23juvenile of the possible sanctions under s. 938.355 (6) (d) that are authorized under
24par. (cm) for a violation or if before the violation the juvenile has acknowledged in
25writing that he or she has read, or has had read to him or her, those conditions and

1possible sanctions and that he or she understands those conditions and possible
2sanctions.
SB674, s. 12 3Section 12. 938.17 (2) (h) 4. of the statutes is amended to read:
SB674,5,104 938.17 (2) (h) 4. If the court assigned to exercise jurisdiction under this chapter
5and ch. 48 imposes the sanction of placement in a place of nonsecure custody as
6specified in s. 938.355 (6) (d) 1. or of home detention with monitoring by an electronic
7monitoring system as specified in s. 938.355 (6) (d) 3., on a petition described in subd.
81., that court shall order the municipality of the municipal court that filed the
9petition to pay to the county the cost of providing the that sanction imposed under
10s. 938.355 (6) (d) 1. or 3
.
SB674, s. 13 11Section 13. 938.17 (2) (i) 4m. of the statutes is amended to read:
SB674,5,1612 938.17 (2) (i) 4m. If the court assigned to exercise jurisdiction under this
13chapter and ch. 48 imposes the sanction specified in s. 938.355 (6m) (a) 1g., on a
14petition described in subd. 2m., that court shall order the municipality of the
15municipal court that filed the petition to pay to the county the cost of providing the
16that sanction imposed under s. 938.355 (6m) (a) 1g.
SB674, s. 14 17Section 14. 938.255 (1) (intro.) of the statutes is amended to read:
SB674,5,2418 938.255 (1) Title and contents. (intro.) A petition initiating proceedings
19under this chapter, other than a petition initiating proceedings under s. 938.12,
20938.125,
or 938.13 (12), shall be entitled, "In the interest of (juvenile's name), a
21person under the age of 18". A petition initiating proceedings under s. 938.12,
22938.125,
or 938.13 (12) shall be entitled, "In the interest of (juvenile's name), a person
23under the age of 17". A petition initiating proceedings under this chapter shall
24specify all of the following:
SB674, s. 15 25Section 15. 938.344 (3) of the statutes is amended to read:
SB674,6,8
1938.344 (3) Prosecution in adult court. If the juvenile alleged to have
2committed the violation is within 3 months of his or her 17th 18th birthday, the court
3assigned to exercise jurisdiction under this chapter and ch. 48 may, at the request
4of the district attorney or on its own motion, dismiss the citation without prejudice
5and refer the matter to the district attorney for prosecution under s. 125.07 (4). The
6juvenile is entitled to a hearing only on the issue of his or her age. This subsection
7does not apply to violations under s. 961.573 (2), 961.574 (2) or 961.575 (2) or a local
8ordinance that strictly conforms to one of those statutes.
SB674, s. 16 9Section 16. 938.355 (6) (a) 1. of the statutes is amended to read:
SB674,6,1810 938.355 (6) (a) 1. If a juvenile who has been adjudged delinquent or to have
11violated a civil law or ordinance, other than an ordinance enacted under s. 118.163
12(1m) or (2),
violates a condition specified in sub. (2) (b) 7., the court may impose on
13the juvenile any of the sanctions specified in par. (d). A sanction may be imposed
14under this subdivision only if, at the dispositional hearing under s. 938.335, the court
15explained the conditions to the juvenile and informed the juvenile of those possible
16sanctions or if before the violation the juvenile has acknowledged in writing that he
17or she has read, or has had read to him or her, those conditions and possible sanctions
18and that he or she understands those conditions and possible sanctions.
SB674, s. 17 19Section 17. 938.355 (6) (a) 2. of the statutes is amended to read:
SB674,7,520 938.355 (6) (a) 2. If a juvenile who has been found to be in need of protection
21or services under s. 938.13 (4), (6m), (7), (12), or (14) or who has been adjudged to have
22violated a civil law or ordinance, other than an ordinance enacted under s. 118.163
23(1m) or (2),
violates a condition specified in sub. (2) (b) 7., the court may impose on
24the juvenile any of the sanctions under par. (d), other than placement in a juvenile
25detention facility or juvenile portion of a county jail. A sanction may be imposed

1under this subdivision only if, at the dispositional hearing under s. 938.335, the court
2explained the conditions to the juvenile and informed the juvenile of those possible
3sanctions or if before the violation the juvenile has acknowledged in writing that he
4or she has read, or has had read to him or her, those conditions and possible sanctions
5and that he or she understands those conditions and possible sanctions.
SB674, s. 18 6Section 18. 938.355 (6) (an) 1. of the statutes, as affected by 2009 Wisconsin
7Act 94
, is amended to read:
SB674,7,238 938.355 (6) (an) 1. If a juvenile who has violated a municipal ordinance, other
9than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition of a
10dispositional order imposed by the municipal court, the municipal court may petition
11the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose
12on the juvenile the sanction under of placement in a place of nonsecure custody as
13specified in
par. (d) 1. or the sanction under par. (d) 3., of home detention with
14monitoring by an electronic monitoring system as specified in par. (d) 3. A sanction
15may be imposed under this subdivision only if, at the time of the judgment, the
16municipal court explained the conditions to the juvenile and informed the juvenile
17of those possible sanctions for a violation or if before the violation the juvenile has
18acknowledged in writing that he or she has read, or has had read to him or her, those
19conditions and possible sanctions and that he or she understands those conditions
20and possible sanctions. The petition shall contain a statement of whether the
21juvenile may be subject to the federal Indian Child Welfare Act, 25 USC 1901 to 1963,
22and, if the juvenile may be subject to that act, the names and addresses of the
23juvenile's Indian custodian, if any, and tribe, if known.
SB674, s. 19 24Section 19. 938.355 (6) (an) 2. of the statutes is amended to read:
SB674,8,7
1938.355 (6) (an) 2. If the court assigned to exercise jurisdiction under this
2chapter and ch. 48 imposes the sanction under of placement in a place of nonsecure
3custody as specified in
par. (d) 1. or of home detention with monitoring by an
4electronic monitoring system under as specified in par. (d) 3., on a petition described
5in subd. 1., the court shall order the municipality of the municipal court that filed the
6petition to pay to the county the cost of providing the that sanction imposed under
7par. (d) 1. or 3
.
SB674, s. 20 8Section 20. 938.355 (6) (d) 1. of the statutes, as affected by 2009 Wisconsin Act
9180
, is amended to read:
Loading...
Loading...