Feed for /2011/related/proposals/ab243 PDF
AB243,3,32 48.981 (1) (ad) "Abuse" includes sexual contact or sexual intercourse under s.
3940.223.
AB243, s. 5 4Section 5. 48.981 (1) (ar) of the statutes is created to read:
AB243,3,65 48.981 (1) (ar) "Child" includes a person who is or is suspected to be a victim
6under s. 940.223.
AB243, s. 6 7Section 6. 51.20 (13) (ct) 2m. of the statutes is amended to read:
AB243,3,188 51.20 (13) (ct) 2m. If the subject individual is before the court on a petition filed
9under a court order under s. 938.30 (5) (c) 1. and is found to have committed a
10violation, or to have solicited, conspired, or attempted to commit a violation, of s.
11940.22 (2), 940.223, 940.225 (1), (2), or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05,
12948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, 948.095, 948.11 (2) (a) or
13(am), 948.12, 948.13, or 948.30, of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies, or
14of s. 940.30 or 940.31 if the victim was a minor and the subject individual was not
15the victim's parent, the court shall require the individual to comply with the
16reporting requirements under s. 301.45 unless the court determines, after a hearing
17on a motion made by the individual, that the individual is not required to comply
18under s. 301.45 (1m).
AB243, s. 7 19Section 7. 115.31 (3) (a) 1. of the statutes is amended to read:
AB243,3,2220 115.31 (3) (a) 1. The person is charged with a crime under s. 940.223 or under
21ch. 948, including a crime specified under s. 948.015, a felony with a maximum term
22of imprisonment of at least 5 years or a crime in which the victim was a child.
AB243, s. 8 23Section 8. 301.45 (1d) (b) of the statutes is amended to read:
AB243,4,424 301.45 (1d) (b) "Sex offense" means a violation, or the solicitation, conspiracy,
25or attempt to commit a violation, of s. 940.22 (2), 940.223, 940.225 (1), (2) or (3),

1944.06, 948.02 (1) or (2), 948.025, 948.05, 948.051, 948.055, 948.06, 948.07 (1) to (4),
2948.075, 948.08, 948.085, 948.095, 948.11 (2) (a) or (am), 948.12, 948.13, or 948.30,
3of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies, or of s. 940.30 or 940.31 if the victim
4was a minor and the person who committed the violation was not the victim's parent.
AB243, s. 9 5Section 9. 343.12 (7) (c) 7m. of the statutes is created to read:
AB243,4,76 343.12 (7) (c) 7m. Sexual assault of a student by a member of a school staff
7under s. 940.223.
AB243, s. 10 8Section 10. 440.312 (2) of the statutes is amended to read:
AB243,4,139 440.312 (2) The department may not grant a license under this subchapter to
10any person who has been convicted of an offense under s. 940.22, 940.223, 940.225,
11940.302 (2) (a) 1. b., 944.06, 944.15, 944.17, 944.30, 944.31, 944.32, 944.33, 944.34,
12948.02, 948.025, 948.051, 948.06, 948.07, 948.075, 948.08, 948.09, 948.095, 948.10,
13948.11, or 948.12.
AB243, s. 11 14Section 11. 440.982 (2) of the statutes is amended to read:
AB243,4,1915 440.982 (2) The department may not grant a license under this subchapter to
16any person who has been convicted of an offense under s. 940.22, 940.223, 940.225,
17944.06, 944.15, 944.17, 944.30, 944.31, 944.32, 944.33, 944.34, 948.02, 948.025,
18948.051, 948.06, 948.07, 948.075, 948.08, 948.09, 948.095, 948.10, 948.11, or 948.12
19or under s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.
AB243, s. 12 20Section 12. 460.05 (1) (h) 1. of the statutes is amended to read:
AB243,4,2321 460.05 (1) (h) 1. An offense under s. 940.22, 940.223, 940.225, 944.15, 944.17,
22944.30, 944.31, 944.32, 944.33, 944.34, 948.02, 948.025, 948.08, 948.085, 948.09,
23948.095, or 948.10.
AB243, s. 13 24Section 13. 460.14 (2m) (a) of the statutes is amended to read:
AB243,5,3
1460.14 (2m) (a) An offense under s. 940.22, 940.223, 940.225, 944.15, 944.17,
2944.30, 944.31, 944.32, 944.33, 944.34, 948.02, 948.025, 948.08, 948.085, 948.09,
3948.095, or 948.10.
AB243, s. 14 4Section 14. 893.587 of the statutes is amended to read:
AB243,5,9 5893.587 Sexual assault of a child; limitation. An action to recover damages
6for injury caused by an act that would constitute a violation of s. 940.223, 948.02,
7948.025, 948.06, 948.085, or 948.095 or would create a cause of action under s.
8895.442 shall be commenced before the injured party reaches the age of 35 years or
9be barred.
AB243, s. 15 10Section 15. 901.04 (3) (c) of the statutes is amended to read:
AB243,5,1411 901.04 (3) (c) In actions under s. 940.223, 940.225, 948.02, 948.025, 948.051,
12948.085, or 948.095, or under s. 940.302 (2), if the court determines that the offense
13was sexually motivated, as defined in s. 980.01 (5), admissibility of the prior sexual
14conduct or reputation of a complaining witness.
AB243, s. 16 15Section 16. 901.08 (1) (b) of the statutes is amended to read:
AB243,5,1916 901.08 (1) (b) "Sexual misconduct" includes a violation of s. 940.22 (2), 940.223,
17940.225 (1), (2), or (3), 940.32, 942.08, 942.09, 948.02, 948.025, 948.05 (1) or (1m),
18948.055 (1), 948.06, 948.07, 948.075, 948.08, 948.09, 948.095, 948.10, or 948.11 (2)
19and includes sexual harassment, as defined in s. 111.32 (13).
AB243, s. 17 20Section 17. 938.34 (15m) (bm) of the statutes is amended to read:
AB243,6,521 938.34 (15m) (bm) If the juvenile is adjudicated delinquent on the basis of a
22violation, or the solicitation, conspiracy, or attempt to commit a violation, of s. 940.22
23(2), 940.223, 940.225 (1), (2), or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.051,
24948.055, 948.06, 948.07, 948.075, 948.08, or 948.085 (2), 948.095, 948.11 (2) (a) or
25(am), 948.12, 948.13, or 948.30, of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies, or

1of s. 940.30 or 940.31 if the victim was a minor and the juvenile was not the victim's
2parent, the court shall require the juvenile to comply with the reporting
3requirements under s. 301.45 unless the court determines, after a hearing on a
4motion made by the juvenile, that the juvenile is not required to comply under s.
5301.45 (1m).
AB243, s. 18 6Section 18. 939.62 (2m) (a) 2m. b. of the statutes is amended to read:
AB243,6,127 939.62 (2m) (a) 2m. b. Any felony under s. 940.09 (1), 1999 stats., s. 943.23 (1m)
8or (1r), 1999 stats., s. 948.35 (1) (b) or (c), 1999 stats., or s. 948.36, 1999 stats., or s.
9940.01, 940.02, 940.03, 940.05, 940.09 (1c), 940.16, 940.19 (5), 940.195 (5), 940.21,
10940.223, 940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2),
11943.23 (1g), 943.32 (2), 946.43 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c),
12948.05, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.30 (2).
AB243, s. 19 13Section 19. 939.74 (2) (c) of the statutes is amended to read:
AB243,6,1714 939.74 (2) (c) A prosecution for violation of s. 940.223, 948.02 (2), 948.025 (1)
15(b), 948.03 (2) (a), 948.05, 948.06, 948.07 (1), (2), (3), or (4), 948.075, 948.08, 948.085,
16or 948.095 shall be commenced before the victim reaches the age of 45 years or be
17barred, except as provided in sub. (2d).
AB243, s. 20 18Section 20. 940.223 of the statutes is created to read:
AB243,6,20 19940.223 Sexual assault of a student by a member of a school staff. (1)
20In this section:
AB243,6,2221 (a) "School" means a public or private elementary or secondary school, or a
22tribal school, as defined in s. 115.001 (15m).
AB243,6,2523 (b) "School staff" means any person, who is not a student at a school, who is an
24employee of a school or a school board or who provides services to a school or a school
25board under a contract.
AB243,7,1
1(c) "Sexual contact" has the meaning given in s. 948.01 (5).
AB243,7,22 (d) "Sexual intercourse" has the meaning given in s. 948.01 (6).
AB243,7,43 (e) "Victim" means the person with whom the defendant is alleged to have had
4sexual contact or sexual intercourse contrary to this section.
AB243,7,8 5(2) Whoever has sexual contact or sexual intercourse with a person who is not
6the defendant's spouse is guilty of a class H felony if the victim is or was enrolled as
7a student in a school at the same time the defendant is or was a member of the school
8staff.
AB243,7,11 9(3) Subsection (2) does not apply if, at least one year before the alleged sexual
10contact or sexual intercourse occurred, the victim graduated from or completed high
11school.
AB243, s. 21 12Section 21. 949.03 (1) (b) of the statutes is amended to read:
AB243,7,1913 949.03 (1) (b) The commission or the attempt to commit any crime specified in
14s. 346.62 (4), 346.63 (2) or (6), 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08,
15940.09, 940.10, 940.19, 940.20, 940.201, 940.21, 940.22 (2), 940.223, 940.225, 940.23,
16940.24, 940.25, 940.285, 940.29, 940.30, 940.302 (2), 940.305, 940.31, 940.32,
17941.327, 943.02, 943.03, 943.04, 943.10, 943.20, 943.23 (1g), 943.32, 943.81, 943.86,
18943.87, 948.02, 948.025, 948.03, 948.04, 948.051, 948.07, 948.085, 948.095, 948.20,
19948.30 or 948.51.
AB243, s. 22 20Section 22. 968.38 (2) (intro.) of the statutes is amended to read:
AB243,8,221 968.38 (2) (intro.) In a criminal action under s. 940.223, 940.225, 948.02,
22948.025, 948.05, 948.06, 948.085, or 948.095, if all of the following apply, the district
23attorney shall apply to the circuit court for his or her county to order the defendant
24to submit to an HIV test and to a test or a series of tests to detect the presence of a
25sexually transmitted disease, each of which tests shall be administered by a health

1care professional, and to disclose the results of the test or tests as specified in sub.
2(4) (a) to (c):
AB243, s. 23 3Section 23. 970.03 (4) (a) of the statutes is amended to read:
AB243,8,144 970.03 (4) (a) If the defendant is accused of a crime under s. 940.223, 940.225,
5948.02, 948.025, 948.05, 948.051, 948.06, 948.085, or 948.095, or under s. 940.302 (2),
6if the court finds that the crime was sexually motivated, as defined in s. 980.01 (5),
7the court may exclude from the hearing all persons who are not officers of the court,
8members of the complainant's or defendant's families or others considered by the
9court to be supportive of the complainant or defendant, the service representative,
10as defined in s. 895.45 (1) (c), or other persons required to attend, if the court finds
11that the state or the defendant has established a compelling interest that would
12likely be prejudiced if the persons were not excluded. The court may consider as a
13compelling interest, among others, the need to protect a complainant from undue
14embarrassment and emotional trauma.
AB243, s. 24 15Section 24. 971.17 (1m) (b) 2m. of the statutes is amended to read:
AB243,8,2516 971.17 (1m) (b) 2m. If the defendant under sub. (1) is found not guilty by reason
17of mental disease or defect for a violation, or for the solicitation, conspiracy, or
18attempt to commit a violation, of s. 940.22 (2), 940.223, 940.225 (1), (2), or (3), 944.06,
19948.02 (1) or (2), 948.025, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08,
20948.085, 948.095, 948.11 (2) (a) or (am), 948.12, 948.13, or 948.30, of s. 940.302 (2)
21if s. 940.302 (2) (a) 1. b. applies, or of s. 940.30 or 940.31 if the victim was a minor and
22the defendant was not the victim's parent, the court shall require the defendant to
23comply with the reporting requirements under s. 301.45 unless the court determines,
24after a hearing on a motion made by the defendant, that the defendant is not required
25to comply under s. 301.45 (1m).
AB243, s. 25
1Section 25. 971.31 (11) of the statutes is amended to read:
AB243,9,72 971.31 (11) In actions under s. 940.223, 940.225, 948.02, 948.025, 948.051,
3948.085, or 948.095, or under s. 940.302 (2), if the court finds that the crime was
4sexually motivated, as defined in s. 980.01 (5), evidence which is admissible under
5s. 972.11 (2) must be determined by the court upon pretrial motion to be material to
6a fact at issue in the case and of sufficient probative value to outweigh its
7inflammatory and prejudicial nature before it may be introduced at trial.
AB243, s. 26 8Section 26. 971.37 (1) (intro.) of the statutes is amended to read:
AB243,9,129 971.37 (1) (intro.) In this section, "child sexual abuse" means an alleged
10violation of s. 940.223, 940.225, 948.02, 948.025, 948.05, 948.06, 948.085, or 948.095
11if the alleged victim is a minor and the person accused of, or charged with, the
12violation:
AB243, s. 27 13Section 27. 972.11 (2) (b) (intro.) of the statutes is amended to read:
AB243,9,2114 972.11 (2) (b) (intro.) If the defendant is accused of a crime under s. 940.223,
15940.225, 948.02, 948.025, 948.05, 948.051, 948.06, 948.085, or 948.095, or under s.
16940.302 (2), if the court finds that the crime was sexually motivated, as defined in
17s. 980.01 (5), any evidence concerning the complaining witness's prior sexual conduct
18or opinions of the witness's prior sexual conduct and reputation as to prior sexual
19conduct shall not be admitted into evidence during the course of the hearing or trial,
20nor shall any reference to such conduct be made in the presence of the jury, except
21the following, subject to s. 971.31 (11):
AB243, s. 28 22Section 28. 972.11 (2) (d) 1. (intro.) of the statutes is amended to read:
AB243,9,2523 972.11 (2) (d) 1. (intro.) If the defendant is accused of a crime under s. 940.223,
24940.225, 948.02, 948.025, 948.05, 948.06, 948.085, or 948.095, evidence of the
25manner of dress of the complaining witness at the time when the crime occurred is

1admissible only if it is relevant to a contested issue at trial and its probative value
2substantially outweighs all of the following:
AB243, s. 29 3Section 29. 973.015 (1) (c) 1. of the statutes is amended to read:
AB243,10,64 973.015 (1) (c) 1. A Class H felony, if the person has, in his or her lifetime, been
5convicted of a prior felony offense, or if the felony is a violent offense, as defined in
6s. 301.048 (2) (bm), or is a violation of s. 940.223, 940.32, 948.03 (2) or (3), or 948.095.
AB243, s. 30 7Section 30. 973.048 (2m) of the statutes is amended to read:
AB243,10,168 973.048 (2m) If a court imposes a sentence or places a person on probation for
9a violation, or for the solicitation, conspiracy or attempt to commit a violation, of s.
10940.22 (2), 940.223, 940.225 (1), (2), or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05,
11948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, 948.095, 948.11 (2) (a) or
12(am), 948.12, 948.13, or 948.30, of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies, or
13of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's
14parent, the court shall require the person to comply with the reporting requirements
15under s. 301.45 unless the court determines, after a hearing on a motion made by the
16person, that the person is not required to comply under s. 301.45 (1m).
AB243, s. 31 17Section 31. 973.135 (2) of the statutes is amended to read:
AB243,10,2318 973.135 (2) If a court determines that a person convicted under s. 940.223 or
19of a crime specified in ch. 948, including a crime specified in s. 948.015, a felony for
20which the maximum term of imprisonment is at least 5 years, 4th degree sexual
21assault under s. 940.225 (3m) or a crime in which the victim was a child, is employed
22by an educational agency, the clerk of the court in which such conviction occurred
23shall promptly forward to the state superintendent the record of conviction.
AB243,10,2424 (End)
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