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LRB-3904/1
CMH:wlj:jm
2013 - 2014 LEGISLATURE
January 15, 2014 - Introduced by Senators Petrowski, Harris, Vinehout, Gudex,
Moulton, Olsen, L. Taylor and Ellis, cosponsored by Representatives
Loudenbeck, Petryk, Ballweg, Berceau, Bernier, Bies, Billings, Czaja,
Johnson, Kahl, Kaufert, Kestell, Kleefisch, Kolste, LeMahieu, Murtha,
A. Ott, Pope, Richards, Sargent, Thiesfeldt, Tittl, Tranel, Wachs,
Weatherston and Strachota, by request of Attorney General J.B. Van
Hollen. Referred to Committee on Transportation, Public Safety, and Veterans
and Military Affairs.
SB492,2,2 1An Act to renumber 904.04 (2) (b), 944.30, 944.33 (1) and 973.076 (1); to
2renumber and amend
940.302 (1) (a), 944.33 (2), 944.33 (3), 973.015 and
3973.076 (2); to amend 6.47 (1) (b), 48.02 (1) (d), 48.355 (2d) (a) 2. a., 48.371 (3)
4(d), 48.57 (3p) (g) 3., 51.20 (13) (cr), 103.10 (1m) (b) 6., 103.34 (1) (b) 2., 165.60,
5165.70 (1) (b), 165.76 (1) (am), 301.048 (2) (bm) 1. a., 301.45 (1p) (a), 301.45 (7)
6(e) 2., 301.45 (7) (e) 3., 440.312 (2), 440.982 (2), 460.05 (1) (h) 1., 460.14 (2m) (a),
7904.04 (2) (a), 938.34 (15) (a) 1., 938.355 (2d) (a) 2., 938.371 (3) (d), 939.615 (1)
8(b) 2., 940.302 (1) (d), 940.302 (2) (a) 2. i., 940.302 (2) (a) 2. j., 940.302 (2) (b),
9946.82 (4), 948.051 (1), 948.07 (3), 948.10 (title), 948.10 (1) (intro.), 949.03 (1)
10(b), 950.04 (1v) (p), 971.17 (1m) (a) 1., 972.15 (4m), 973.055 (1) (a) 1., 973.075
11(1) (a), 973.075 (1) (b) 1m. c., 973.075 (2) (intro.) and 973.075 (5m) (c) (intro.);
12and to create 904.04 (2) (b) (title), 940.302 (1) (a) 1., 2. and 3., 940.302 (2) (a)
132. k. and L., 944.30 (2m), 973.015 (2m), 973.015 (3), 973.076 (1) (title) and
14973.076 (2m) of the statutes; relating to: human trafficking, human

1trafficking victims, property forfeitures, rights of victims, admitting evidence
2of past actions, definitions of certain offenses, and providing penalties.
Analysis by the Legislative Reference Bureau
Human trafficking
Current law defines trafficking as actually, or attempting the action of,
recruiting, enticing, harboring, transporting, providing, or obtaining an individual
without consent of the individual. This bill eliminates the element that the
individual has not consented. Also, under current law, a person who engages in
trafficking for the purposes of labor, services, or a commercial sex act is guilty of a
felony if the trafficking is done by any specified act, including causing or threatening
to cause harm to any individual; restraining or threatening to restrain any
individual; or controlling any individual's access to an addictive controlled
substance. This bill adds threatening to control any individual's access to an
addictive controlled substance; using any scheme, pattern, or other means to coerce,
threaten, or intimidate any individual; using or threatening to use force or violence
on any individual; and causing or threatening to cause any individual to do any act
against the individual's will or without the individual's consent.
This bill creates a process under which an individual who has been convicted,
adjudicated delinquent, or found not guilty by reason of mental disease or defect for
the crime of prostitution may request a court to vacate the conviction, adjudication,
or finding, or to expunge the record. An individual may follow this process if the
individual was a victim of trafficking, committed the violation as a result of being a
victim, and submits a statement of facts and, if applicable, the reason the individual
failed previously to raise an affirmative defense or otherwise allege that the violation
was a result of being a trafficking victim. The court may comply with the request if
the court, after determining that the individual is qualified, notifies the prosecutor
of the request, gives the prosecutor opportunity to respond, and determines that the
individual will benefit and society will not be harmed.
Under current law, a person who receives compensation from the earnings of
a prostitute is guilty of a Class F felony. This bill adds that a person is guilty of a Class
F felony if the person knowingly receives compensation from the earnings of debt
bondage or from the earnings of sexual contact or intercourse for which anything of
value is given to, promised, or received by any person.
Sex offenses, victims of crimes, and domestic abuse
Under current law, a person who, for purposes of sexual arousal or gratification,
causes a child to expose genitals or pubic area or exposes genitals or pubic area to a
child is, with some exceptions, guilty of a felony. This bill adds the exposure of
"intimate parts," which is defined to include a breast, buttock, anus, or groin of a
human being.
Under current law, if a judge receives a presentence investigation report, the
judge must disclose the contents of the report to the district attorney prior to
sentencing and the district attorney generally must keep the report confidential.

This bill provides the victim the right to view the sentence recommendation on the
presentence report and allows the district attorney to share the recommendation.
Under current law, with exceptions, evidence of other crimes, wrongs, or acts
may not be admitted in a criminal proceeding to prove the person acted in character.
This bill states that, in a prosecution alleging human trafficking, an offense against
a child, a serious sex offense, or a crime of domestic abuse or alleging the defendant
committed a crime against his or her spouse, an individual with whom the defendant
cohabited, or an individual with whom the defendant has a child, evidence of similar
acts is generally admissible, and is admissible regardless of whether the victim of the
other act is the same as the offense that is the subject of the prosecution.
Under current law, a court may place a person who has committed a serious sex
offense on lifetime supervision if the court determines that such placement is
necessary to protect the public. Included in the list of serious sex offenses is a
violation, or the solicitation, conspiracy, or attempt to commit a violation, of a crime
against life and bodily security, a crime against property, a crime against sexual
morality, or a crime against a child, if the court determines that the person
committed the violation for his or her sexual arousal or gratification. This bill adds
to the list of serious sex offenses the violation, or the solicitation, conspiracy, or
attempt to commit a violation, of a crime against reputation, privacy, and civil
liberties, if the court determines that the person committed the violation for his or
her sexual arousal or gratification.
This bill adds the offense of strangulation to several statutes, including to the
list of offenses that render the person ineligible to participate in the intensive
sanctions program, to the list of crimes for which a victim may be compensated by
the Department of Justice, and to the definition of domestic abuse offense for the
purpose of keeping confidential the victim's personal information on certain voting
documents.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
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:
SB492,1 1Section 1. 6.47 (1) (b) of the statutes is amended to read:
SB492,3,42 6.47 (1) (b) "Offense relating to domestic abuse, sexual assault, or stalking"
3means an offense specified in s. 940.19, 940.20 (1m), 940.201, 940.22, 940.225,
4940.235, 940.32, 947.013, 948.02, 948.025, 948.06, 948.085, 948.09, or 948.095.
SB492,2
1Section 2. 48.02 (1) (d) of the statutes is amended to read:
SB492,4,32 48.02 (1) (d) Permitting, allowing or encouraging a child to violate s. 944.30
3(1m).
SB492,3 4Section 3. 48.355 (2d) (a) 2. a. of the statutes is amended to read:
SB492,4,65 48.355 (2d) (a) 2. a. A violation of s. 940.225, 944.30 (1m), 948.02, 948.025,
6948.05, 948.051, 948.055, 948.06, 948.085, 948.09 or 948.10.
SB492,4 7Section 4. 48.371 (3) (d) of the statutes is amended to read:
SB492,4,168 48.371 (3) (d) Any involvement of the child, whether as victim or perpetrator,
9in sexual intercourse or sexual contact in violation of s. 940.225, 948.02, 948.025, or
10948.085, prostitution in violation of s. 944.30 (1m), trafficking in violation of s.
11940.302 (2) if s. 940.302 (2) (a) 1. b. applies, sexual exploitation of a child in violation
12of s. 948.05, trafficking of a child in violation of s. 948.051, or causing a child to view
13or listen to sexual activity in violation of s. 948.055, if the information is necessary
14for the care of the child or for the protection of any person living in the foster home,
15group home, or residential care center for children and youth or in the home of the
16relative.
SB492,5 17Section 5. 48.57 (3p) (g) 3. of the statutes is amended to read:
SB492,5,518 48.57 (3p) (g) 3. The person has been convicted of a violation of ch. 940, 944,
19or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63, or 948.70,
20or of a violation of the law of any other state or federal law that would be a violation
21of ch. 940, 944, or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45,
22948.63, or 948.70, if committed in this state, except that a county department or, in
23a county having a population of 500,000 or more, the department may make
24payments to a person applying for payments under sub. (3m) and a person receiving
25payments under sub. (3m) may employ in a position in which the person would have

1regular contact with the child for whom those payments are being made or permit
2to be an adult resident a person who has been convicted of a violation of s. 944.30
3(1m), 944.31, or 944.33 or of a violation of the law of any other state or federal law
4that would be a violation of s. 944.30 (1m), 944.31, or 944.33 if committed in this
5state, if that violation occurred 20 years or more before the date of the investigation.
SB492,6 6Section 6. 51.20 (13) (cr) of the statutes, as affected by 2013 Wisconsin Act 20,
7is amended to read:
SB492,5,148 51.20 (13) (cr) 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 that would be a felony if committed by an adult in this state or a violation
11of s. 940.225 (3m), 941.20 (1), 944.20, 944.30 (1m), 944.31, 944.33 (1), 946.52, or
12948.10 (1) (b), the court shall require the individual to provide a biological specimen
13to the state crime laboratories for deoxyribonucleic acid analysis. The court shall
14inform the individual that he or she may request expungement under s. 165.77 (4).
SB492,7 15Section 7. 103.10 (1m) (b) 6. of the statutes is amended to read:
SB492,5,1916 103.10 (1m) (b) 6. "Sexual abuse" means conduct that is in violation of s.
17940.225, 944.30 (1m), 948.02, 948.025, 948.05, 948.051, 948.055, 948.06, 948.085,
18948.09, or 948.10 or that is in violation of s. 940.302 (2) if s. 940.302 (2) (a) 1. b.
19applies.
SB492,8 20Section 8. 103.34 (1) (b) 2. of the statutes is amended to read:
SB492,6,221 103.34 (1) (b) 2. A violation of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.07,
22940.08, 940.09, 940.10, 940.19 (2), (4), (5), or (6), 940.21, 940.225 (1), (2), or (3),
23940.23, 940.235, 940.24, 940.25, 940.30, 940.302, 940.305, 940.31, 943.02, 943.03,
24943.04, 943.10, 943.30, 943.31, 943.32, 944.32, 944.33 (2), 944.34, 946.10, 948.02 (1)
25or (2), 948.025, 948.03 (2) or (3), 948.04, 948.05, 948.051, 948.055, 948.06, 948.07,

1948.075, 948.08, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1), or 948.30
2or of a substantially similar federal law or law of another state.
SB492,9 3Section 9. 165.60 of the statutes is amended to read:
SB492,6,12 4165.60 Law enforcement. The department of justice is authorized to enforce
5ss. 101.123 (2), (2m), and (8), 175.60 (17) (e), 944.30 (1m), 944.31, 944.33, 944.34,
6945.02 (2), 945.03 (1m), and 945.04 (1m) and ch. 108 and, with respect to a false
7statement submitted or made under s. 175.60 (7) (b) or (15) (b) 2. or as described
8under s. 175.60 (17) (c), to enforce s. 946.32 and is invested with the powers conferred
9by law upon sheriffs and municipal police officers in the performance of those duties.
10This section does not deprive or relieve sheriffs, constables, and other local police
11officers of the power and duty to enforce those sections, and those officers shall
12likewise enforce those sections.
SB492,10 13Section 10. 165.70 (1) (b) of the statutes is amended to read:
SB492,6,1714 165.70 (1) (b) Except as provided in sub. (1m), enforce chs. 945 and 961 and ss.
15940.20 (3), 940.201, 941.25 to 941.27, 943.01 (2) (c), 943.011, 943.27, 943.28, 943.30,
16944.30 (1m), 944.31, 944.32, 944.33, 944.34, 946.65, 947.02 (3) and (4), 948.075, and
17948.08.
SB492,11 18Section 11. 165.76 (1) (am) of the statutes, as created by 2013 Wisconsin Act
1920
, is amended to read:
SB492,6,2220 165.76 (1) (am) Is or was adjudicated delinquent for an act that if committed
21by an adult in this state would be a felony or for a violation of s. 940.225 (3m), 941.20
22(1), 944.20, 944.30 (1m), 944.31, 944.33 (1), 946.52, or 948.10 (1) (b).
SB492,12 23Section 12. 301.048 (2) (bm) 1. a. of the statutes is amended to read:
SB492,7,724 301.048 (2) (bm) 1. a. A crime specified in s. 940.19 (3), 1999 stats., s. 940.195
25(3), 1999 stats., s. 943.23 (1m), 1999 stats., or s. 943.23 (1r), 1999 stats., or s. 940.01,

1940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (4) or (5), 940.195 (4)
2or (5), 940.20, 940.201, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.235, 940.285
3(2) (a) 1. or 2., 940.29, 940.295 (3) (b) 1g., 1m., 1r., 2., or 3., 940.31, 940.43 (1) to (3),
4940.45 (1) to (3), 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011,
5943.013, 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), 943.30, 943.32, 946.43,
6947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 948.07,
7948.08, 948.085, or 948.30.
SB492,13 8Section 13. 301.45 (1p) (a) of the statutes is amended to read:
SB492,7,149 301.45 (1p) (a) If a person is covered under sub. (1g) based solely on an order
10that was entered under s. 938.34 (15m) (am) or 973.048 (1m) in connection with a
11delinquency adjudication or a conviction for a violation of s. 942.08 (2) (b), (c), or (d),
12the person is not required to comply with the reporting requirements under this
13section if the delinquency adjudication is expunged under s. 938.355 (4m) (b) or if the
14conviction is expunged under s. 973.015 (2) (1m) (b).
SB492,14 15Section 14. 301.45 (7) (e) 2. of the statutes is amended to read:
SB492,7,1716 301.45 (7) (e) 2. The department issues a certificate of discharge under s.
17973.015 (2) (1m) (b).
SB492,15 18Section 15. 301.45 (7) (e) 3. of the statutes is amended to read:
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