SB689,2,32 756.06 (2) (d) This subsection does not apply to cases under ch. 938 other than
3cases described in s. 938.30 (2) in which the juvenile has the right to a jury trial.

SB689,2,75 938.235 (6) Communication to a jury. In jury trials under this chapter, the
6guardian ad litem or the court may tell the jury that the guardian ad litem represents
7the interests of the person for whom the guardian ad litem was appointed.

SB689,2,129 938.243 (1) (c) The right to remain silent, the fact that in a delinquency
10proceeding the silence of the juvenile is not to be adversely considered by the court
11or jury, and the fact that in a nondelinquency proceeding the silence of any party may
12be relevant in the proceeding.

SB689,2,1714 938.243 (1) (g) The right to a jury trial, if the petitioner reserves the right under
15s. 938.255 (1) (d) to recommend placement of the juvenile in the Serious Juvenile
16Offender Program under s. 938.34 (4h) or in a juvenile correctional facility under s.
17938.34 (4m) beyond the juvenile's 17th birthday.

SB689,3,419 938.255 (1) (d) If violation of a criminal statute, an ordinance, or another law
20is alleged, the citation to the appropriate law or ordinance as well as, facts sufficient
21to establish probable cause that an offense has been committed and that the juvenile

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1named in the petition committed the offense, and a statement whether the petitioner
2is reserving the right to recommend placement of the juvenile in the Serious Juvenile
3Offender Program under s. 938.34 (4h) or in a juvenile correctional facility under s.
4938.34 (4m) beyond the juvenile's 17th birthday.

SB689,3,207 938.30 (2) Information to juvenile and parents; basic rights; substitution.
8At or before the commencement of the hearing under this section the juvenile and
9the parent, guardian, legal custodian, or Indian custodian shall be advised of their
10rights as specified in s. 938.243 and shall be informed that the hearing shall be to the
11court and that a request for a substitution of judge under s. 938.29 must be made
12before the end of the plea hearing or is waived, except that if the juvenile is before
13the court on a petition under s. 938.12 in which the petitioner has reserved the right
14under s. 938.255 (1) (d) to recommend placement of the juvenile in the Serious
15Juvenile Offender Program under s. 938.34 (4h) or in a juvenile correctional facility
16under s. 938.34 (4m) beyond the juvenile's 17th birthday, the court shall inform the
17juvenile and the parent, guardian, or legal custodian that a request for a jury trial
18must be made before the end of the plea hearing or is waived. Nonpetitioning parties,
19including the juvenile, shall be granted a continuance of the plea hearing if they wish
20to consult with an attorney on the request for a jury trial or substitution of a judge.

SB689,4,922 938.31 (2) Hearing to the court; procedures. The hearing shall be to the court
23unless a juvenile who has the right to a jury trial as described in s. 938.30 (2) or the
24parent, guardian, or legal custodian of the juvenile exercises that right by
25demanding a jury trial at any time before or during the plea hearing. Sections 972.03

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1and 972.04 shall govern the selection of jurors in cases in which a jury trial has been
2demanded. If the hearing involves a child victim, as defined in s. 938.02 (20m) (a)
31., or a child witness, as defined in s. 950.02 (5), the court may order that a deposition
4be taken by audiovisual means and allow the use of a recorded deposition under s.
5967.04 (7) to (10) and, with the district attorney, shall comply with s. 971.105. At the
6conclusion of the hearing, the court or jury shall make a determination of the facts.
7If the court finds that the juvenile is not within the jurisdiction of the court or the
8court or jury finds that the facts alleged in the petition or citation have not been
9proved, the court shall dismiss the petition or citation with prejudice.

SB689,4,2111 938.31 (4) Findings by court or jury. The court shall make findings of fact and
12conclusions of law relating to the allegations of a petition under s. 938.12, 938.125,
13or 938.13, except that in cases in which the petitioner has reserved the right under
14s. 938.255 (1) (d) to recommend placement of the juvenile in the Serious Juvenile
15Offender Program under s. 938.34 (4h) or in a juvenile correctional facility under s.
16938.34 (4m) beyond the juvenile's 17th birthday, the court or jury shall make findings
17of fact and the court shall make conclusions of law relating to the allegations of the
18petition. In cases alleging a juvenile to be delinquent or in need of protection or
19services under s. 938.13 (12), the court shall make findings relating to the proof of
20the violation of law and to the proof that the juvenile named in the petition committed
21the violation alleged.

SB689,4,24 24938.317 Jeopardy. (intro.) Jeopardy attaches:

SB689,4,25 25(1) In a trial to the court, when a witness is sworn.

SB689,5,32 938.317 (2) In a jury trial, when the jury selection is completed and the jury
3is sworn.

SB689,5,255 938.355 (4) (b) Except as provided in under par. (c) and s. 938.368, an order
6under s. 938.34 (4d) or (4m) made before the juvenile attains 18 years of age may
7apply for up to 2 years after the date on which the order is granted or until the
8juvenile's 18th birthday, whichever is earlier, unless the court specifies a shorter
9period of time or the court terminates the order sooner. If the order does not specify
10a termination date, it shall apply for one year after the date on which the order is
11granted or until the juvenile's 18th birthday, whichever is earlier, unless the court
12terminates the order sooner. Except as provided in under par. (c) and s. 938.368, an
13order under s. 938.34 (4h) made before the juvenile attains 18 years of age shall apply
14for 5 years after the date on which the order is granted, if the juvenile is adjudicated
15delinquent for committing a violation of s. 943.10 (2) or for committing an act that
16would be punishable as a Class B or C felony if committed by an adult, or until the
17juvenile reaches 25 years of age, if the juvenile is adjudicated delinquent for
18committing an act that would be punishable as a Class A felony if committed by an
19adult. Except as provided in under par. (c) and s. 938.368, an extension of an order
20under s. 938.34 (4d), (4h), (4m), or (4n) made before the juvenile attains 17 years of
21age shall terminate at the end of one year after the date on which the order is granted
22unless the court specifies a shorter period of time or the court terminates the order
23sooner. No extension under s. 938.365 of an original dispositional order under s.
24938.34 (4d), (4h), (4m), or (4n) may be granted for a juvenile who is 17 years of age
25or older when the original dispositional order terminates.

SB689,6,62 938.355 (4) (c) An order under s. 938.34 (4h) or (4m) may apply beyond the
3juvenile's 17th birthday only if the petitioner has reserved the right under s. 938.255
4(1) (d) to recommend placement of the juvenile in the Serious Juvenile Offender
5Program under s. 938.34 (4h) or in a juvenile correctional facility under s. 938.34
6(4m) beyond the juvenile's 17th birthday.