LRB-3592/1
CMH:kjf
2017 - 2018 LEGISLATURE
June 15, 2017 - Introduced by Senators Feyen, L. Taylor, Cowles, Carpenter and
Harsdorf, cosponsored by Representatives Kleefisch, Stuck, Berceau,
Billings, Fields, Horlacher, Jacque, Kitchens, Kolste, Kulp, Tittl, Tusler,
Gannon, Rohrkaste, Kremer, Petryk, Ripp, Subeck and Zepnick. Referred to
Committee on Judiciary and Public Safety.
SB308,1,4 1An Act to renumber and amend 944.31; to amend 51.20 (13) (cr), 165.76 (1)
2(am), 938.34 (15) (a) 1. and 971.17 (1m) (a) 1.; and to create 944.31 (2) of the
3statutes; relating to: patronizing a prostitute and providing a criminal
4penalty.
Analysis by the Legislative Reference Bureau
This bill increases the penalty for the crime of patronizing a prostitute from a
Class A misdemeanor to a Class I felony if the person has been previously convicted
of that crime at least two times. Under the bill, a first or second violation remains
a Class A misdemeanor.
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:
SB308,1 5Section 1. 51.20 (13) (cr) of the statutes is amended to read:
SB308,2,56 51.20 (13) (cr) If the subject individual is before the court on a petition filed
7under a court order under s. 938.30 (5) (c) 1. and is found to have committed a

1violation that would be a felony if committed by an adult in this state or a violation
2of s. 940.225 (3m), 941.20 (1), 944.20, 944.30 (1m), 944.31 (1), 944.33, 946.52, or
3948.10 (1) (b), the court shall require the individual to provide a biological specimen
4to the state crime laboratories for deoxyribonucleic acid analysis. The court shall
5inform the individual that he or she may request expungement under s. 165.77 (4).
SB308,2 6Section 2. 165.76 (1) (am) of the statutes is amended to read:
SB308,2,97 165.76 (1) (am) Is or was adjudicated delinquent for an act that if committed
8by an adult in this state would be a felony or for a violation of s. 940.225 (3m), 941.20
9(1), 944.20, 944.30 (1m), 944.31 (1), 944.33, 946.52, or 948.10 (1) (b).
SB308,3 10Section 3. 938.34 (15) (a) 1. of the statutes is amended to read:
SB308,2,1711 938.34 (15) (a) 1. If the juvenile is adjudicated delinquent on the basis of a
12violation that would be a felony if committed by an adult in this state or of a violation
13of s. 940.225 (3m), 941.20 (1), 944.20, 944.30 (1m), 944.31 (1), 944.33, 946.52, or
14948.10 (1) (b), the court shall require the juvenile to comply with the requirement
15under s. 165.76 (1) (am) by providing a biological specimen to the state crime
16laboratories for deoxyribonucleic acid analysis. The court shall inform the juvenile
17that he or she may request expungement under s. 165.77 (4).
SB308,4 18Section 4. 944.31 of the statutes is renumbered 944.31 (intro.) and amended
19to read:
SB308,2,24 20944.31 Patronizing prostitutes. (intro.) Any person who enters or remains
21in any place of prostitution with intent to have nonmarital sexual intercourse or to
22commit an act of sexual gratification, in public or in private, involving the sex organ
23of one person and the mouth or anus of another, masturbation or sexual contact with
24a prostitute is guilty of the following:
SB308,2,25 25(1) For a first or 2nd violation, a Class A misdemeanor.
SB308,5
1Section 5. 944.31 (2) of the statutes is created to read:
SB308,3,22 944.31 (2) For a 3rd or subsequent violation, a Class I felony.
SB308,6 3Section 6. 971.17 (1m) (a) 1. of the statutes is amended to read:
SB308,3,94 971.17 (1m) (a) 1. If the defendant under sub. (1) is found not guilty by reason
5of mental disease or defect for a felony or a violation of s. 165.765 (1), 2011 stats., or
6of s. 940.225 (3m), 941.20 (1), 944.20, 944.30 (1m), 944.31 (1), 944.33, 946.52, or
7948.10 (1) (b), the court shall require the person to provide a biological specimen to
8the state crime laboratories for deoxyribonucleic acid analysis. The judge shall
9inform the person that he or she may request expungement under s. 165.77 (4).
SB308,3,1010 (End)
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