LRB-0268/1
EHS:klm
2023 - 2024 LEGISLATURE
March 22, 2024 - Introduced by Representatives Doyle, Jacobson, Bare, Stubbs,
Emerson, Conley, Snodgrass, Palmeri, Considine, Clancy, Moore
Omokunde
, Drake, Joers, Subeck, Sinicki, Myers, Andraca, C. Anderson,
Ohnstad, Shelton, Madison and Haywood, cosponsored by Senators Roys, L.
Johnson
, Spreitzer, Hesselbein and Larson. Referred to Committee on
Criminal Justice and Public Safety.
AB1163,2,2 1An Act to amend 48.02 (1d), 48.02 (2), subchapter IX (title) of chapter 48
2[precedes 48.44], 48.44, 48.45 (1) (a), 48.45 (1) (am), 48.45 (3), 118.163 (4),
3125.07 (4) (d), 125.07 (4) (e) 1., 125.085 (3) (bt), 165.83 (1) (c) 1., 165.83 (1) (c)
42., 301.12 (2m), 301.12 (14) (a), 302.31 (7), 938.02 (1), 938.02 (10m), 938.12 (2),
5938.18 (2), 938.183 (3), 938.255 (1) (intro.), 938.34 (8), 938.343 (2), 938.344 (3),
6938.35 (1m), 938.355 (4) (b), 938.355 (4m) (a), 938.39, subchapter IX (title) of
7chapter 938 [precedes 938.44], 938.44, 938.45 (1) (a), 938.45 (3), 938.48 (4m)
8(title), 938.48 (4m) (a), 938.48 (4m) (b), 938.48 (14), 938.57 (3) (title), 938.57 (3)
9(a) (intro.), 938.57 (3) (a) 1., 938.57 (3) (a) 3., 938.57 (3) (b), 946.50 (intro.),
10948.01 (1), 948.11 (2) (am) (intro.), 948.45 (1), 948.60 (2) (d), 948.61 (4), 961.455
11(title), 961.455 (1), 961.455 (2), 961.46, 961.573 (2), 961.574 (2), 961.575 (1),
12961.575 (2), 961.575 (3), 990.01 (3) and 990.01 (20); and to create 20.437 (1) (cL)

1and 48.5275 of the statutes; relating to: the age of juvenile court jurisdiction
2and making an appropriation.
Analysis by the Legislative Reference Bureau
Age of juvenile court jurisdiction
This bill raises from 17 to 18 the age at which a person who is alleged to have
violated a criminal law is subject to the procedures specified in the Criminal
Procedure Code and, on conviction, to sentencing under the Criminal Code. The 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 person 17 years of age or older who is alleged to have
violated a criminal law is subject to the procedures specified in the Criminal
Procedure Code and, on conviction, is subject to sentencing under the Criminal Code,
which may include a sentence of imprisonment in the Wisconsin state prisons.
Currently, subject to certain exceptions, a person under 17 years of age who is alleged
to have violated a criminal law is subject to the procedures specified in the Juvenile
Justice Code and, on being adjudicated delinquent, is subject to an array of
dispositions under that code, including placement in a juvenile correctional facility.
Similarly, 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.
Seventeen-year-old juvenile justice aids
Under current law, counties are responsible for paying the costs associated with
juvenile delinquency-related services, including the costs for a placement of a
juvenile in a juvenile correctional facility, juvenile detention facility, or the juvenile
portion of a county jail. The bill creates a sum sufficient appropriation for
Department of Children and Families to reimburse counties, beginning on January
1, 2024, for costs associated with juveniles who were alleged to have violated a state
or federal criminal law or any civil law or municipal ordinance at age 17.
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:
AB1163,1 3Section 1 . 20.437 (1) (cL) of the statutes is created to read:
AB1163,3,2
120.437 (1) (cL) Seventeen-year-old juvenile justice aids. A sum sufficient for
2the purposes under s. 48.5275.
AB1163,2 3Section 2 . 48.02 (1d) of the statutes is amended to read:
AB1163,3,74 48.02 (1d) “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
.
AB1163,3 8Section 3 . 48.02 (2) of the statutes is amended to read:
AB1163,3,139 48.02 (2) “Child," when used without further qualification, means a person who
10is less than 18 years of age, except that for purposes of investigating or prosecuting
11a person who is alleged to have violated a state or federal criminal law or any civil
12law or municipal ordinance, “child" does not include a person who has attained 17
13years of age
.
AB1163,4 14Section 4 . Subchapter IX (title) of chapter 48 [precedes 48.44] of the statutes
15is amended to read:
AB1163,3,1616 CHAPTER 48
AB1163,3,1917 SUBCHAPTER IX
18 JURISDICTION OVER PERSON 17
19 OR OLDER
adults
AB1163,5 20Section 5 . 48.44 of the statutes is amended to read:
AB1163,3,24 2148.44 Jurisdiction over persons 17 or older adults. The court has
22jurisdiction over persons 17 years of age or older adults as provided under ss. 48.133,
2348.355 (4), 48.357 (6), 48.365 (5), and 48.45 and as otherwise specifically provided in
24this chapter.
AB1163,6 25Section 6 . 48.45 (1) (a) of the statutes is amended to read:
AB1163,4,8
148.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition
2described in s. 48.13 it appears that any person 17 years of age or older adult has been
3guilty of contributing to, encouraging, or tending to cause by any act or omission,
4such
that condition of the child, the judge may make orders with respect to the
5conduct of such that person in his or her relationship to the child, including orders
6determining the ability of the person to provide for the maintenance or care of the
7child and directing when, how, and from where funds for the maintenance or care
8shall be paid.
AB1163,7 9Section 7 . 48.45 (1) (am) of the statutes is amended to read:
AB1163,4,1610 48.45 (1) (am) If in the hearing of a case of an unborn child and the unborn
11child's expectant mother alleged to be in a condition described in s. 48.133 it appears
12that any person 17 years of age or over adult has been guilty of contributing to,
13encouraging, or tending to cause by any act or omission, such that condition of the
14unborn child and expectant mother, the judge may make orders with respect to the
15conduct of such that person in his or her relationship to the unborn child and
16expectant mother.
AB1163,8 17Section 8 . 48.45 (3) of the statutes is amended to read:
AB1163,4,2218 48.45 (3) If it appears at a court hearing that any person 17 years of age or older
19adult has violated s. 948.40, the judge shall refer the record to the district attorney
20for criminal proceedings as may be warranted in the district attorney's judgment.
21This subsection does not prevent prosecution of violations of s. 948.40 without the
22prior reference by the judge to the district attorney, as in other criminal cases.
AB1163,9 23Section 9 . 48.5275 of the statutes is created to read:
AB1163,5,3 2448.5275 Seventeen-year-old juvenile justice aids. Notwithstanding s.
2548.526, from the appropriation under s. 20.437 (1) (cL), beginning on January 1,

12024, the department shall reimburse counties for the costs under s. 48.526 (2) (c)
2associated with juveniles who were alleged to have violated a state or federal
3criminal law or any civil law or municipal ordinance at age 17.
AB1163,10 4Section 10 . 118.163 (4) of the statutes is amended to read:
AB1163,5,65 118.163 (4) A person who is under 17 years of age a minor on the date of
6disposition is subject to s. 938.342.
AB1163,11 7Section 11 . 125.07 (4) (d) of the statutes is amended to read:
AB1163,5,118 125.07 (4) (d) A person who is under 17 years of age a minor on the date of
9disposition is subject to s. 938.344 unless proceedings have been instituted against
10the person in a court of civil or criminal jurisdiction after dismissal of the citation
11under s. 938.344 (3).
AB1163,12 12Section 12 . 125.07 (4) (e) 1. of the statutes is amended to read:
AB1163,5,1413 125.07 (4) (e) 1. In this paragraph, “defendant" means a person found guilty
14of violating par. (a) or (b) who is 17, 18, 19 or 20 an adult under 21 years of age.
AB1163,13 15Section 13 . 125.085 (3) (bt) of the statutes is amended to read:
AB1163,5,1916 125.085 (3) (bt) A person who is under 17 years of age a minor on the date of
17disposition is subject to s. 938.344 unless proceedings have been instituted against
18the person in a court of civil or criminal jurisdiction after dismissal of the citation
19under s. 938.344 (3).
AB1163,14 20Section 14 . 165.83 (1) (c) 1. of the statutes is amended to read:
AB1163,5,2221 165.83 (1) (c) 1. An act that is committed by a person who has attained the age
22of 17
an adult and that is a felony or a misdemeanor.
AB1163,15 23Section 15 . 165.83 (1) (c) 2. of the statutes is amended to read:
AB1163,6,3
1165.83 (1) (c) 2. An act that is committed by a person minor who has attained
2the age of 10 but who has not attained the age of 17 and that would be a felony or
3misdemeanor if committed by an adult.
AB1163,16 4Section 16 . 301.12 (2m) of the statutes is amended to read:
AB1163,6,75 301.12 (2m) The liability specified in sub. (2) shall not apply to persons 17 and
6older
adults receiving care, maintenance, services, and supplies provided by prisons
7named in s. 302.01.
AB1163,17 8Section 17 . 301.12 (14) (a) of the statutes is amended to read:
AB1163,6,199 301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person
10specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17
11years of age
minors in residential, nonmedical facilities such as group homes, foster
12homes, residential care centers for children and youth, and juvenile correctional
13institutions is determined in accordance with the cost-based fee established under
14s. 301.03 (18). The department shall bill the liable person up to any amount of
15liability not paid by an insurer under s. 632.89 (2) or (4m) or by other 3rd-party
16benefits, subject to rules that include formulas governing ability to pay promulgated
17by the department under s. 301.03 (18). Any liability of the resident not payable by
18any other person terminates when the resident reaches age 17 becomes an adult,
19unless the liable person has prevented payment by any act or omission.
AB1163,18 20Section 18 . 302.31 (7) of the statutes is amended to read:
AB1163,7,221 302.31 (7) The temporary placement of persons in the custody of the
22department, other than persons under 17 years of age minors, and persons who have
23attained the age of 17 years but have not attained
adults under the age of 25 years
24who are under the supervision of the department under s. 938.355 (4) and who have

1been taken into custody pending revocation of community supervision or aftercare
2supervision under s. 938.357 (5) (e).
AB1163,19 3Section 19 . 938.02 (1) of the statutes is amended to read:
AB1163,7,74 938.02 (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.
AB1163,20 8Section 20 . 938.02 (10m) of the statutes is amended to read:
AB1163,7,139 938.02 (10m) “Juvenile," when used without further qualification, means a
10person who is less than 18 years of age, except that for purposes of investigating or
11prosecuting a person who is alleged to have violated a state or federal criminal law
12or any civil law or municipal ordinance, “juvenile" does not include a person who has
13attained 17 years of age
.
AB1163,21 14Section 21 . 938.12 (2) of the statutes is amended to read:
AB1163,7,1915 938.12 (2) Seventeen-year-olds Juveniles who become adults. If a petition
16alleging that a juvenile is delinquent is filed before the juvenile is 17 years of age
17becomes an adult, but the juvenile becomes 17 years of age an adult before admitting
18the facts of the petition at the plea hearing or, if the juvenile denies the facts, before
19an adjudication, the court retains jurisdiction over the case.
AB1163,22 20Section 22 . 938.18 (2) of the statutes is amended to read:
AB1163,8,421 938.18 (2) Petition. The petition for waiver of jurisdiction may be filed by the
22district attorney or the juvenile or may be initiated by the court and shall contain a
23brief statement of the facts supporting the request for waiver. The petition for waiver
24of jurisdiction shall be accompanied by or filed after the filing of a petition alleging
25delinquency and shall be filed prior to the plea hearing, except that if the juvenile

1denies the facts of the petition and becomes 17 years of age an adult before an
2adjudication, the petition for waiver of jurisdiction may be filed at any time prior to
3the adjudication. If the court initiates the petition for waiver of jurisdiction, the
4judge shall disqualify himself or herself from any future proceedings on the case.
AB1163,23 5Section 23 . 938.183 (3) of the statutes is amended to read:
AB1163,8,136 938.183 (3) Placement in state prison; parole. When Subject to s. 973.013
7(3m), when
a juvenile who is subject to a criminal penalty under sub. (1m) or s.
8938.183 (2), 2003 stats., attains the age of 17 years becomes an adult, the department
9of corrections may place the juvenile in a state prison named in s. 302.01, except that
10that department may not place any person under the age of 18 years in the
11correctional institution authorized in s. 301.16 (1n). A juvenile who is subject to a
12criminal penalty under sub. (1m) or under s. 938.183 (2), 2003 stats., for an act
13committed before December 31, 1999, is eligible for parole under s. 304.06.
AB1163,24 14Section 24 . 938.255 (1) (intro.) of the statutes is amended to read:
AB1163,8,2115 938.255 (1) Title and contents. (intro.) A petition initiating proceedings
16under this chapter, other than 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
18person under the age of 18".." A petition initiating proceedings under s. 938.12,
19938.125, or 938.13 (12) shall be entitled, “In the interest of (juvenile's name), a person
20under the age of 17".
juvenile." A petition initiating proceedings under this chapter
21shall specify all of the following:
AB1163,25 22Section 25 . 938.34 (8) of the statutes is amended to read:
AB1163,9,2023 938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that
24this disposition is in the best interest of the juvenile and the juvenile's rehabilitation.
25The maximum forfeiture that the court may impose under this subsection for a

1violation by a juvenile is the maximum amount of the fine that may be imposed on
2an adult for committing that violation or, if the violation is applicable only to a person
3under 18 years of age
juveniles, $100. The order shall include a finding that the
4juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months
5for payment. If the juvenile fails to pay the forfeiture, the court may vacate the
6forfeiture and order other alternatives under this section; or the court may suspend
7any license issued under ch. 29 for not less than 30 days nor more than 5 years, or
8suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more
9than 2 years. If the court suspends any license under this subsection, the clerk of the
10court shall immediately take possession of the suspended license if issued under ch.
1129 or, if the license is issued under ch. 343, the court may take possession of, and if
12possession is taken, shall destroy, the license. The court shall forward to the
13department which that issued the license a notice of suspension stating that the
14suspension is for failure to pay a forfeiture imposed by the court, together with any
15license issued under ch. 29 of which the court takes possession. If the forfeiture is
16paid during the period of suspension, the suspension shall be reduced to the time
17period which that has already elapsed and the court shall immediately notify the
18department, which shall then, if the license is issued under ch. 29, return the license
19to the juvenile. Any recovery under this subsection shall be reduced by the amount
20recovered as a forfeiture for the same act under s. 938.45 (1r) (b).
AB1163,26 21Section 26 . 938.343 (2) of the statutes is amended to read:
AB1163,9,2522 938.343 (2) Forfeiture. Impose a forfeiture not to exceed the maximum
23forfeiture that may be imposed on an adult for committing that violation or, if the
24violation is only applicable to a person under 18 years of age juveniles, $50. The
25order shall include a finding that the juvenile alone is financially able to pay and

1shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture,
2the court may suspend any license issued under ch. 29 or suspend the juvenile's
3operating privilege, as defined in s. 340.01 (40), for not more than 2 years. The court
4shall immediately take possession of the suspended license if issued under ch. 29 or,
5if the license is issued under ch. 343, the court may take possession of, and if
6possession is taken, shall destroy, the license. The court shall forward to the
7department which that issued the license the notice of suspension stating that the
8suspension is for failure to pay a forfeiture imposed by the court, together with any
9license issued under ch. 29 of which the court takes possession. If the forfeiture is
10paid during the period of suspension, the court shall immediately notify the
11department, which shall, if the license is issued under ch. 29, return the license to
12the person. Any recovery under this subsection shall be reduced by the amount
13recovered as a forfeiture for the same act under s. 938.45 (1r) (b).
AB1163,27 14Section 27 . 938.344 (3) of the statutes is amended to read:
AB1163,10,2215 938.344 (3) Prosecution in adult court. If the juvenile alleged to have
16committed the violation is within 3 months of his or her 17th birthday becoming an
17adult
, the court assigned to exercise jurisdiction under this chapter and ch. 48 may,
18at the request of the district attorney or on its own motion, dismiss the citation
19without prejudice and refer the matter to the district attorney for prosecution under
20s. 125.07 (4). The juvenile is entitled to a hearing only on the issue of his or her age.
21This subsection does not apply to violations under s. 961.573 (2), 961.574 (2), or
22961.575 (2) or a local ordinance that strictly conforms to one of those statutes.
AB1163,28 23Section 28 . 938.35 (1m) of the statutes is amended to read:
AB1163,11,424 938.35 (1m) Future criminal proceedings barred. Disposition by the court
25assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation

1under s. 938.12 or 938.13 (12) shall bar any future proceeding on the same matter
2in criminal court when the juvenile attains 17 years of age becomes an adult. This
3subsection does not affect proceedings in criminal court that have been transferred
4under s. 938.18.
AB1163,29 5Section 29 . 938.355 (4) (b) of the statutes is amended to read:
AB1163,12,26 938.355 (4) (b) Except as provided in s. 938.368, an order under s. 938.34 (4d)
7or (4m) made before the juvenile attains 18 years of age may apply for up to 2 years
8after the date on which the order is granted or until the juvenile's 18th 19th birthday,
9whichever is earlier, unless the court specifies a shorter period of time or the court
10terminates the order sooner. If the order does not specify a termination date, it shall
11apply for one year after the date on which the order is granted or until the juvenile's
1218th 19th birthday, whichever is earlier, unless the court terminates the order
13sooner. Except as provided in s. 938.368, an order under s. 938.34 (4h) made before
14the juvenile attains 18 years of age shall apply for 5 years after the date on which the
15order is granted, if the juvenile is adjudicated delinquent for committing a violation
16of s. 943.10 (2) or for committing an act that would be punishable as a Class B or C
17felony if committed by an adult, or until the juvenile reaches 25 years of age, if the
18juvenile is adjudicated delinquent for committing an act that would be punishable
19as a Class A felony if committed by an adult. Except as provided in s. 938.368, an
20extension of an order under s. 938.34 (4d), (4h), (4m), or (4n) made before the juvenile
21attains 17 years of age becomes an adult shall terminate at the end of one year after
22the date on which the order is granted unless the court specifies a shorter period of
23time or the court terminates the order sooner. No extension under s. 938.365 of an
24original dispositional order under s. 938.34 (4d), (4h), (4m), or (4n) may be granted

1for a juvenile who is 17 years of age or older when becomes an adult by the time the
2original dispositional order terminates.
AB1163,30 3Section 30 . 938.355 (4m) (a) of the statutes is amended to read:
AB1163,12,94 938.355 (4m) (a) A juvenile who has been adjudged delinquent under s. 48.12,
51993 stats., or s. 938.12 may, on attaining 17 years of age becoming an adult, petition
6the court to expunge the court's record of the juvenile's adjudication. Subject to par.
7(b), the court may expunge the record if the court determines that the juvenile has
8satisfactorily complied with the conditions of his or her dispositional order and that
9the juvenile will benefit from, and society will not be harmed by, the expungement.
AB1163,31 10Section 31 . 938.39 of the statutes is amended to read:
AB1163,12,15 11938.39 Disposition by court bars criminal proceeding. Disposition by the
12court of any violation of state law within its jurisdiction under s. 938.12 bars any
13future criminal proceeding on the same matter in circuit court when the juvenile
14reaches the age of 17 becomes an adult. This section does not affect criminal
15proceedings in circuit court that were transferred under s. 938.18.
Loading...
Loading...