LRB-1407/1
BF:skg:kaf
1995 - 1996 LEGISLATURE
March 13, 1995 - Introduced by Representatives Riley, Reynolds, Schneiders,
Wasserman, Wilder
and Wood, cosponsored by Senators Zien and Decker.
Referred to Committee on Criminal Justice and Corrections.
AB188,1,2 1An Act to amend 939.45 (5) (a) 3. and 948.01 (3) of the statutes; relating to:
2crimes against children and persons responsible for a child.
Analysis by the Legislative Reference Bureau
Under current law relating to crimes against children, if a person meets the
criteria for being a person responsible for a child, the person is required to take action
in certain situations to prevent the child from being sexually assaulted, physically
abused or mentally harmed. The person is subject to penalties for knowingly failing
to take that action. Also, a person responsible for a child is subject to higher penalties
than an ordinary person would be for physically abusing or sexually exploiting the
child. Current law makes parents, guardians, foster parents and certain others
subject to coverage as persons responsible for a child. This bill expands the coverage
to also include stepparents.
Under current law, a parent or guardian who is alleged to have harmed a child
has a defense to criminal liability if the parent or guardian shows that his or her
action involved the reasonable discipline of a child. This bill provides a stepparent
with the same defense.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB188, s. 1 3Section 1. 939.45 (5) (a) 3. of the statutes is amended to read:
AB188,2,24 939.45 (5) (a) 3. "Person responsible for the child's welfare" includes the child's
5parent, stepparent or guardian; an employe of a public or private residential home,
6institution or agency in which the child resides or is confined or that provides services

1to the child; or any other person legally responsible for the child's welfare in a
2residential setting.
AB188, s. 2 3Section 2. 948.01 (3) of the statutes is amended to read:
AB188,2,94 948.01 (3) "Person responsible for the child's welfare" includes the child's
5parent; stepparent; guardian; foster parent; treatment foster parent; an employe of
6a public or private residential home, institution or agency; other person legally
7responsible for the child's welfare in a residential setting; or a person employed by
8one legally responsible for the child's welfare to exercise temporary control or care
9for the child.
AB188, s. 3 10Section 3. Initial applicability.
AB188,2,12 11(1)  This act first applies to offenses committed on the effective date of this
12subsection.
AB188,2,1313 (End)
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