970.035 Preliminary examination; juvenile younger than 15 years old. Notwithstanding s. 970.03, if a preliminary examination under s. 970.03 is held regarding a juvenile who was waived under s. 938.18 for a violation which is alleged to have occurred prior to his or her 15th birthday, the court may bind the juvenile over for trial only if there is probable cause to believe that a crime under s. 940.03, 940.06, 940.225 (1) or (2), 940.305, 940.31 or 943.10 (2), 943.32 (2) or 961.41 (1) has been committed or that a crime that would constitute a felony under chs. 939 to 948 or 961 if committed by an adult has been committed at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9). If the court does not make any of those findings, the court shall order that the juvenile be discharged but proceedings may be brought regarding the juvenile under ch. 938.
History: 1987 a. 27; 1993 a. 98; 1995 a. 77, 448; 1997 a. 35, 205.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 970 - Criminal procedure — preliminary proceedings.
970.01 - Initial appearance before a judge.
970.02 - Duty of a judge at the initial appearance.
970.03 - Preliminary examination.
970.032 - Preliminary examination; juvenile under original adult court jurisdiction.
970.035 - Preliminary examination; juvenile younger than 15 years old.
970.038 - Preliminary examination; hearsay exception.
970.05 - Testimony at preliminary examination; payment for transcript of testimony.