SB492: Bill Text

CMH:wlj:jm

2013 - 2014 LEGISLATURE

2013 Senate BILL 492

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 An Act to renumber 904.04 (2) (b), 944.30, 944.33 (1) and 973.076 (1); to renumber and amend 940.302 (1) (a), 944.33 (2), 944.33 (3), 973.015 and 973.076 (2); to amend 6.47 (1) (b), 48.02 (1) (d), 48.355 (2d) (a) 2. a., 48.371 (3) (d), 48.57 (3p) (g) 3., 51.20 (13) (cr), 103.10 (1m) (b) 6., 103.34 (1) (b) 2., 165.60, 165.70 (1) (b), 165.76 (1) (am), 301.048 (2) (bm) 1. a., 301.45 (1p) (a), 301.45 (7) (e) 2., 301.45 (7) (e) 3., 440.312 (2), 440.982 (2), 460.05 (1) (h) 1., 460.14 (2m) (a), 904.04 (2) (a), 938.34 (15) (a) 1., 938.355 (2d) (a) 2., 938.371 (3) (d), 939.615 (1) (b) 2., 940.302 (1) (d), 940.302 (2) (a) 2. i., 940.302 (2) (a) 2. j., 940.302 (2) (b), 946.82 (4), 948.051 (1), 948.07 (3), 948.10 (title), 948.10 (1) (intro.), 949.03 (1) (b), 950.04 (1v) (p), 971.17 (1m) (a) 1., 972.15 (4m), 973.055 (1) (a) 1., 973.075 (1) (a), 973.075 (1) (b) 1m. c., 973.075 (2) (intro.) and 973.075 (5m) (c) (intro.); and to create 904.04 (2) (b) (title), 940.302 (1) (a) 1., 2. and 3., 940.302 (2) (a) 2. k. and L., 944.30 (2m), 973.015 (2m), 973.015 (3), 973.076 (1) (title) and 973.076 (2m) of the statutes; relating to: human trafficking, human trafficking victims, property forfeitures, rights of victims, admitting evidence of 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 Section 1. 6.47 (1) (b) of the statutes is amended to read:

SB492,3,4 6.47 (1) (b) "Offense relating to domestic abuse, sexual assault, or stalking" means an offense specified in s. 940.19, 940.20 (1m), 940.201, 940.22, 940.225, 940.235, 940.32, 947.013, 948.02, 948.025, 948.06, 948.085, 948.09, or 948.095.

SB492,2 Section 2. 48.02 (1) (d) of the statutes is amended to read:

SB492,4,3 48.02 (1) (d) Permitting, allowing or encouraging a child to violate s. 944.30 (1m).

SB492,3 Section 3. 48.355 (2d) (a) 2. a. of the statutes is amended to read:

SB492,4,6 48.355 (2d) (a) 2. a. A violation of s. 940.225, 944.30 (1m), 948.02, 948.025, 948.05, 948.051, 948.055, 948.06, 948.085, 948.09 or 948.10.

SB492,4 Section 4. 48.371 (3) (d) of the statutes is amended to read:

SB492,4,16 48.371 (3) (d) Any involvement of the child, whether as victim or perpetrator, in sexual intercourse or sexual contact in violation of s. 940.225, 948.02, 948.025, or 948.085, prostitution in violation of s. 944.30 (1m), trafficking in violation of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies, sexual exploitation of a child in violation of s. 948.05, trafficking of a child in violation of s. 948.051, or causing a child to view or listen to sexual activity in violation of s. 948.055, if the information is necessary for the care of the child or for the protection of any person living in the foster home, group home, or residential care center for children and youth or in the home of the relative.

SB492,5 Section 5. 48.57 (3p) (g) 3. of the statutes is amended to read:

SB492,5,5 48.57 (3p) (g) 3. The person has been convicted of a violation of ch. 940, 944, or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63, or 948.70, or of a violation of the law of any other state or federal law that would be a violation of ch. 940, 944, or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63, or 948.70, if committed in this state, except that a county department or, in a county having a population of 500,000 or more, the department may make payments to a person applying for payments under sub. (3m) and a person receiving payments under sub. (3m) may employ in a position in which the person would have regular contact with the child for whom those payments are being made or permit to be an adult resident a person who has been convicted of a violation of s. 944.30 (1m), 944.31, or 944.33 or of a violation of the law of any other state or federal law that would be a violation of s. 944.30 (1m), 944.31, or 944.33 if committed in this state, if that violation occurred 20 years or more before the date of the investigation.

SB492,6 Section 6. 51.20 (13) (cr) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB492,5,14 51.20 (13) (cr) If the subject individual is before the court on a petition filed under a court order under s. 938.30 (5) (c) 1. and is found to have committed a violation that would be a felony if committed by an adult in this state or a violation of s. 940.225 (3m), 941.20 (1), 944.20, 944.30 (1m), 944.31, 944.33 (1), 946.52, or 948.10 (1) (b), the court shall require the individual to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. The court shall inform the individual that he or she may request expungement under s. 165.77 (4).

SB492,7 Section 7. 103.10 (1m) (b) 6. of the statutes is amended to read:

SB492,5,19 103.10 (1m) (b) 6. "Sexual abuse" means conduct that is in violation of s. 940.225, 944.30 (1m), 948.02, 948.025, 948.05, 948.051, 948.055, 948.06, 948.085, 948.09, or 948.10 or that is in violation of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.

SB492,8 Section 8. 103.34 (1) (b) 2. of the statutes is amended to read:

SB492,6,2 103.34 (1) (b) 2. A violation of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.09, 940.10, 940.19 (2), (4), (5), or (6), 940.21, 940.225 (1), (2), or (3), 940.23, 940.235, 940.24, 940.25, 940.30, 940.302, 940.305, 940.31, 943.02, 943.03, 943.04, 943.10, 943.30, 943.31, 943.32, 944.32, 944.33 (2), 944.34, 946.10, 948.02 (1) or (2), 948.025, 948.03 (2) or (3), 948.04, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1), or 948.30 or of a substantially similar federal law or law of another state.

SB492,9 Section 9. 165.60 of the statutes is amended to read:

SB492,6,12 165.60 Law enforcement. The department of justice is authorized to enforce ss. 101.123 (2), (2m), and (8), 175.60 (17) (e), 944.30 (1m), 944.31, 944.33, 944.34, 945.02 (2), 945.03 (1m), and 945.04 (1m) and ch. 108 and, with respect to a false statement submitted or made under s. 175.60 (7) (b) or (15) (b) 2. or as described under s. 175.60 (17) (c), to enforce s. 946.32 and is invested with the powers conferred by law upon sheriffs and municipal police officers in the performance of those duties. This section does not deprive or relieve sheriffs, constables, and other local police officers of the power and duty to enforce those sections, and those officers shall likewise enforce those sections.

SB492,10 Section 10. 165.70 (1) (b) of the statutes is amended to read:

SB492,6,17 165.70 (1) (b) Except as provided in sub. (1m), enforce chs. 945 and 961 and ss. 940.20 (3), 940.201, 941.25 to 941.27, 943.01 (2) (c), 943.011, 943.27, 943.28, 943.30, 944.30 (1m), 944.31, 944.32, 944.33, 944.34, 946.65, 947.02 (3) and (4), 948.075, and 948.08.

SB492,11 Section 11. 165.76 (1) (am) of the statutes, as created by 2013 Wisconsin Act 20, is amended to read:

SB492,6,22 165.76 (1) (am) Is or was adjudicated delinquent for an act that if committed by an adult in this state would be a felony or for a violation of s. 940.225 (3m), 941.20 (1), 944.20, 944.30 (1m), 944.31, 944.33 (1), 946.52, or 948.10 (1) (b).

SB492,12 Section 12. 301.048 (2) (bm) 1. a. of the statutes is amended to read:

SB492,7,7 301.048 (2) (bm) 1. a. A crime specified in s. 940.19 (3), 1999 stats., s. 940.195 (3), 1999 stats., s. 943.23 (1m), 1999 stats., or s. 943.23 (1r), 1999 stats., or s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (4) or (5), 940.195 (4) or (5), 940.20, 940.201, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.235, 940.285 (2) (a) 1. or 2., 940.29, 940.295 (3) (b) 1g., 1m., 1r., 2., or 3., 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), 943.30, 943.32, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 948.07, 948.08, 948.085, or 948.30.

SB492,13 Section 13. 301.45 (1p) (a) of the statutes is amended to read:

SB492,7,14 301.45 (1p) (a) If a person is covered under sub. (1g) based solely on an order that was entered under s. 938.34 (15m) (am) or 973.048 (1m) in connection with a delinquency adjudication or a conviction for a violation of s. 942.08 (2) (b), (c), or (d), the person is not required to comply with the reporting requirements under this section if the delinquency adjudication is expunged under s. 938.355 (4m) (b) or if the conviction is expunged under s. 973.015 (2) (1m) (b).

SB492,14 Section 14. 301.45 (7) (e) 2. of the statutes is amended to read:

SB492,7,17 301.45 (7) (e) 2. The department issues a certificate of discharge under s. 973.015 (2) (1m) (b).

SB492,15 Section 15. 301.45 (7) (e) 3. of the statutes is amended to read:

SB492,7,20 301.45 (7) (e) 3. The department receives a certificate of discharge issued under s. 973.015 (2) (1m) (b) by the detaining authority.

SB492,16 Section 16. 440.312 (2) of the statutes is amended to read:

SB492,8,2 440.312 (2) The department may not grant a license under this subchapter to any person who has been convicted of an offense under s. 940.22, 940.225, 940.302 (2) (a) 1. b., 944.06, 944.15, 944.17, 944.30 (1m), 944.31, 944.32, 944.33, 944.34, 948.02, 948.025, 948.051, 948.06, 948.07, 948.075, 948.08, 948.09, 948.095, 948.10, 948.11, or 948.12.

SB492,17 Section 17. 440.982 (2) of the statutes is amended to read:

SB492,8,8 440.982 (2) The department may not grant a license under this subchapter to any person who has been convicted of an offense under s. 940.22, 940.225, 944.06, 944.15, 944.17, 944.30 (1m), 944.31, 944.32, 944.33, 944.34, 948.02, 948.025, 948.051, 948.06, 948.07, 948.075, 948.08, 948.09, 948.095, 948.10, 948.11, or 948.12 or under s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.

SB492,18 Section 18. 460.05 (1) (h) 1. of the statutes is amended to read:

SB492,8,12 460.05 (1) (h) 1. An offense under s. 940.22, 940.225, 944.15, 944.17, 944.30 (1m), 944.31, 944.32, 944.33, 944.34, 948.02, 948.025, 948.08, 948.085, 948.09, 948.095, or 948.10.

SB492,19 Section 19. 460.14 (2m) (a) of the statutes is amended to read:

SB492,8,16 460.14 (2m) (a) An offense under s. 940.22, 940.225, 944.15, 944.17, 944.30 (1m), 944.31, 944.32, 944.33, 944.34, 948.02, 948.025, 948.08, 948.085, 948.09, 948.095, or 948.10.

SB492,20 Section 20. 904.04 (2) (a) of the statutes is amended to read:

SB492,8,23 904.04 (2) (a) General admissibility. Except as provided in par. (b) 2., evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that the person acted in conformity therewith. This subsection does not exclude the evidence when offered for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.

SB492,21 Section 21. 904.04 (2) (b) (title) of the statutes is created to read:

SB492,8,25 904.04 (2) (b) Greater latitude.

SB492,22 Section 22. 904.04 (2) (b) of the statutes is renumbered 904.04 (2) (b) 2.

SB492,23 Section 23. 938.34 (15) (a) 1. of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB492,9,10 938.34 (15) (a) 1. If the juvenile is adjudicated delinquent on the basis of a violation that would be a felony if committed by an adult in this state or of a violation of s. 940.225 (3m), 941.20 (1), 944.20, 944.30 (1m), 944.31, 944.33 (1), 946.52, or 948.10 (1) (b), the court shall require the juvenile to comply with the requirement under s. 165.76 (1) (am) by providing a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. The court shall inform the juvenile that he or she may request expungement under s. 165.77 (4).

SB492,24 Section 24. 938.355 (2d) (a) 2. of the statutes is amended to read:

SB492,9,16 938.355 (2d) (a) 2. "Sexual abuse" means a violation of s. 940.225, 944.30 (1m), 948.02, 948.025, 948.05, 948.055, 948.06, 948.085, 948.09 or 948.10 or a violation of the law of any other state or federal law if that violation would be a violation of s. 940.225, 944.30 (1m), 948.02, 948.025, 948.05, 948.055, 948.06, 948.085 (2), 948.09 or 948.10 if committed in this state.

SB492,25 Section 25. 938.371 (3) (d) of the statutes is amended to read:

SB492,9,24 938.371 (3) (d) Any involvement of the juvenile, whether as victim or perpetrator, in sexual intercourse or sexual contact in violation of s. 940.225, 948.02, 948.025, or 948.085, prostitution in violation of s. 944.30 (1m), sexual exploitation of a child in violation of s. 948.05, or causing a child to view or listen to sexual activity in violation of s. 948.055, if the information is necessary for the care of the juvenile or for the protection of any person living in the foster home, group home, residential care center for children and youth, or juvenile correctional facility.

SB492,26 Section 26. 939.615 (1) (b) 2. of the statutes is amended to read:

SB492,10,4 939.615 (1) (b) 2. A violation, or the solicitation, conspiracy or attempt to commit a violation, under ch. 940, 942, 943, 944 or 948 other than a violation specified in subd. 1., if the court determines that one of the purposes for the conduct constituting the violation was for the actor's sexual arousal or gratification.

SB492,27 Section 27. 940.302 (1) (a) of the statutes is renumbered 940.302 (1) (a) (intro.) and amended to read:

SB492,10,9 940.302 (1) (a) (intro.) "Commercial sex act" means sexual contact any of the following for which anything of value is given to, promised, or received, directly or indirectly, by any person.:

SB492,28 Section 28. 940.302 (1) (a) 1., 2. and 3. of the statutes are created to read:

SB492,10,11 940.302 (1) (a) 1. Sexual contact.

SB492,10,12 2. Sexual intercourse.

SB492,10,13 3. Except as provided in sub. (2) (c), any of the following:

SB492,10,14 a. Sexually explicit performance.

SB492,10,16 b. Any other conduct done for the purpose of sexual humiliation, degradation, arousal, or gratification.

SB492,29 Section 29. 940.302 (1) (d) of the statutes is amended to read:

SB492,10,20 940.302 (1) (d) "Trafficking" means recruiting, enticing, harboring, transporting, providing, or obtaining, or attempting to recruit, entice, harbor, transport, provide, or obtain, an individual without consent of the individual.