LRB-4213/1
RPN:jld:jf
2007 - 2008 LEGISLATURE
March 11, 2008 - Introduced by Representatives Krusick, A. Williams, Wood and
Berceau, cosponsored by Senator Carpenter. Referred to Committee on
Children and Family Law.
AB949,1,3
1An Act to create 895.440 of the statutes;
relating to: reporting the results of
2a religious organization's investigation of sexual contact with a child and
3providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, members of professions who have contact with children,
including those who work for nonprofit organizations, generally are required to
report suspected child abuse or neglect to certain social services or law enforcement
agencies. The social services or law enforcement agency is required to investigate
the suspected child abuse or neglect within a specified time.
Under this bill, if after an investigation within a religious organization there
is reasonable cause to believe that, before May 1, 2004, and after December 31, 1949,
an official, agent, or employee of the organization had sexual contact with a person
under the age of 18, the organization must submit a summary of that investigation
to the Department of Health and Family Services (DHFS). The bill does not require
the submission of the summary if the organization has reported the results of its
investigation to a child protective services or law enforcement agency. The bill
requires DHFS to make any summary of the religious organization's investigation
available to the public, after deleting any information that could be used to identify
the victim of the sexual contact.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB949, s. 1
1Section
1. 895.440 of the statutes is created to read:
AB949,2,14
2895.440 Reports of sexual exploitation.
(1) Policy. The legislature finds
3that, prior to May 1, 2004, members of the clergy and religious organizations were
4not required to report sexual abuse of children under s. 48.981. The legislature finds
5that, based upon credible information, including the 2004 study of sexual abuse of
6minors by Catholic priests and deacons between 1950 and 2002 prepared by the John
7Jay College of Criminal Justice, minors were sexually abused by members of the
8clergy and that in some cases this abuse was not reported to a law enforcement or
9a child protective services agency. Because sexual abuse of a minor is a criminal
10offense and is harmful to children, the legislature finds and determines that it is in
11the public interest to disclose the names of any person within a religious organization
12who the religious organization, after an investigation, had reasonable cause to
13believe committed the offense of sexual contact with a child and whose offense was
14not reported to a law enforcement or to a child protective services agency.
AB949,2,15
15(2) Definitions. In this section:
AB949,2,1616
(a) "Department" means the department of health and family services.
AB949,2,1717
(b) "Religious organization" has the meaning given in s. 895.442 (1) (b).
AB949,2,1818
(c) "Sexual contact" has the meaning given in s. 940.225 (5) (b).
AB949,3,2
19(3) Report of investigation. If, as the result of an investigation within a
20religious organization, there is reasonable cause to believe that, before May 1, 2004,
21and after December 31, 1949, an official, agent, or employee of the religious
22organization had sexual contact with a person who was under the age of 18, the
23religious organization shall submit a summary of the investigation, including the
24name of, and other identifying information regarding, the person who had the sexual
25contact, to the department within 30 days after the investigation is completed or
1within 30 days after the effective date of this subsection .... [revisor inserts date],
2whichever is later.
AB949,3,5
3(4) Release of report. The department shall make any summary it receives
4under sub. (3) available to the public after deleting any information that could be
5used to identify the victim of the sexual contact.
AB949,3,8
6(5) Exception. The requirement to submit a summary under sub. (3) does not
7apply if the religious organization has reported the results of its investigation to one
8of the agencies or departments listed under s. 48.981 (3) (a) 1.
AB949,3,10
9(6) Penalty. Any religious organization that violates sub. (3) shall be subject
10to a forfeiture of not more than $10,000 for each violation.
