AB1197: Bill Text

LRB-6264/1

EAW:emw

2021 - 2022 LEGISLATURE

2021 Assembly BILL 1197

March 10, 2022 - Introduced by Representative Bowen. Referred to Committee on Rules.

AB1197,1,4 An Act to amend 302.113 (2), 911.01 (4) (c), 973.01 (4), 973.017 (2) (b) and 973.198 (6); and to create 973.017 (8m), 973.195 (2) and 977.05 (4) (jo) of the statutes; relating to: a mitigating factor in sentencing where the crime is committed by a victim of sex trafficking.

Analysis by the Legislative Reference Bureau

Under current law, when a court makes a sentencing decision, it must consider aggravating or mitigating factors. This bill creates a mitigating factor for sentencing a person who has been convicted of a violent crime against a sex trafficker if the offender was the victim of the sex trafficker not more than one year before the violent crime was committed. The bill also applies to inmates serving a sentence imposed before the bill became effective. Under the bill, an inmate may petition the sentencing court for a sentence modification if he or she was sentenced before the mitigating factor became law, and the court may modify the sentence if it determines that a modification is appropriate for that inmate based on the mitigating factor created in the bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB1197,1 Section 1 . 302.113 (2) of the statutes is amended to read:

AB1197,2,5 302.113 (2) Except as provided in subs. (3) and (9), an inmate subject to this section is entitled to release to extended supervision after he or she has served the term of confinement in prison portion of the sentence imposed under s. 973.01, as modified by the sentencing court under sub. (9g) or s. 302.045 (3m) (b) 1., 302.05 (3) (c) 2. a., 973.195 (1r), or 973.198, if applicable.

AB1197,2 Section 2. 911.01 (4) (c) of the statutes, as affected by 2021 Wisconsin Act 76, is amended to read:

AB1197,2,18 911.01 (4) (c) Miscellaneous proceedings. Proceedings for extradition or rendition; sentencing, granting or revoking probation, modification of a bifurcated sentence under s. 302.113 (9g), or adjustment of a bifurcated sentence under s. 973.195 (1r) or 973.198; hearings for the freezing of assets of a person charged with financial exploitation of an elder person under s. 971.109; issuance of subpoenas or warrants under s. 968.375, arrest warrants, criminal summonses, and search warrants; hearings under s. 980.09 (2); proceedings under s. 971.14 (1r) (c); proceedings with respect to pretrial release under ch. 969 except where habeas corpus is utilized with respect to release on bail or as otherwise provided in ch. 969; or proceedings under s. 165.76 (6) to compel provision of a biological specimen for deoxyribonucleic acid analysis.

AB1197,3 Section 3 . 973.01 (4) of the statutes is amended to read:

AB1197,2,25 973.01 (4) No good time; extension or reduction of term of imprisonment. A person sentenced to a bifurcated sentence under sub. (1) shall serve the term of confinement in prison portion of the sentence without reduction for good behavior. The term of confinement in prison portion is subject to extension under s. 302.113 (3) and, if applicable, to reduction under s. 302.045 (3m), 302.05 (3) (c) 2. a., 302.113 (9g), 973.195 (1r), or 973.198.

AB1197,4 Section 4. 973.017 (2) (b) of the statutes is amended to read:

AB1197,3,4 973.017 (2) (b) Any applicable mitigating factors and any applicable aggravating factors, including the mitigating and aggravating factors specified in subs. (3) to (8) (8m).

AB1197,5 Section 5 . 973.017 (8m) of the statutes is created to read:

AB1197,3,7 973.017 (8m) Mitigating factors; offenses committed by victim of sex trafficking. (a) In this subsection:

AB1197,3,10 1. “Sex trafficking victim offender” means a person who has been convicted of a violent crime and who the court finds, by clear and convincing evidence, was the victim of sex trafficking under s. 940.302 (2) or 948.051.

AB1197,3,14 2. “Violent crime” means a violation of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.19, 940.20, 940.201, 940.203, 940.205, 940.207, 940.208, 940.21, 940.23, 940.235, 940.24, 940.30, 940.305, 940.31, 941.30, 941.327, 943.02, 943.10, 943.23 (1g) or (1r), or 943.32.

AB1197,3,17 (b) When making a sentencing decision concerning a sex trafficking victim offender, the court may consider as a mitigating factor the effect of trauma on the conduct of the sex trafficking victim offender if one of the following applies:

AB1197,3,20 1. The violent crime was committed against a person who engaged in conduct against the the sex trafficking victim offender that is a violation of s. 940.302 (2) or 948.051 not more than one year before the commission of the violent crime.

AB1197,3,23 2. The violent crime was committed against a person who was the patron of a commercial sex act, as defined in s. 940.302 (1) (a), performed by the sex trafficking victim offender not more than one year before the commission of the violent crime.

AB1197,3,25 (c) This subsection applies without regard to whether anyone was prosecuted or convicted for the violation of s. 940.302 (2) or 948.051.

AB1197,6 Section 6. 973.195 (2) of the statutes is created to read:

AB1197,4,6 973.195 (2) Sex trafficking victim offenders. (a) An inmate who is serving a sentence for a violent crime, as defined in s. 973.017 (8m) (a) 2., that was imposed before the effective date of this subsection .... [LRB inserts date], may petition the sentencing court for a sentence adjustment based on the mitigating factor under s. 973.017 (8m) (b).

AB1197,4,10 (b) Upon receipt of a petition under par. (a), the sentencing court shall hold a hearing to determine whether the inmate was a sex trafficking victim offender, as defined in s. 973.017 (8m) (a) 1., and to determine whether a sentence adjustment is appropriate under s. 973.017 (8m) (b).

AB1197,4,13 (c) The court may reduce the term of a bifurcated sentence imposed under s. 973.01 or may convert a life sentence imposed under s. 973.014 to a bifurcated sentence under s. 973.01.

AB1197,4,20 (d) An inmate eligible to seek a sentence modification under this subsection has a right to be represented by counsel. An inmate may apply to the state public defender for determination of indigency and appointment of counsel under s. 977.05 (4) (jo) before or after the filing of a petition under this subsection. If an inmate whose petition has been filed under par. (a) is without counsel, the court shall refer the matter to the state public defender for determination of indigency and appointment of counsel under s. 977.05 (4) (jo).

AB1197,7 Section 7 . 973.198 (6) of the statutes is amended to read:

AB1197,4,24 973.198 (6) An inmate who submits a petition under this section may not apply for adjustment of the same sentence under s. 973.195 (1r) for a period of one year from the date of the petition.

AB1197,8 Section 8 . 977.05 (4) (jo) of the statutes is created to read:

AB1197,5,4 977.05 (4) (jo) At the request of an inmate determined by the state public defender to be indigent or upon referral of a court under s. 973.195 (2) (d), represent the inmate in proceedings for sentence modification under s. 973.195 (2), if the state public defender determines the case should be pursued.

AB1197,9 Section 9. Initial applicability.

AB1197,5,8 (1) The treatment of ss. 302.113 (2), 911.01 (4) (c), 973.01 (4), and 973.017 (2) (b) and (8m) first applies to a sentence imposed on the effective date of this subsection.

AB1197,5,9 (End)