SB492: Bill Text

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.

SB492,30 Section 30. 940.302 (2) (a) 2. i. of the statutes is amended to read:

SB492,10,23 940.302 (2) (a) 2. i. Controlling or threatening to control any individual's access to an addictive controlled substance.

SB492,31 Section 31. 940.302 (2) (a) 2. j. of the statutes is amended to read:

SB492,11,3 940.302 (2) (a) 2. j. Using any scheme or, pattern, or other means to cause an directly or indirectly coerce, threaten, or intimidate any individual to believe that any individual would suffer bodily harm, financial harm, restraint, or other harm.

SB492,32 Section 32. 940.302 (2) (a) 2. k. and L. of the statutes are created to read:

SB492,11,6 940.302 (2) (a) 2. k. Using or threatening to use force or violence on any individual.

SB492,11,8 L. Causing or threatening to cause any individual to do any act against the individual's will or without the individual's consent.

SB492,33 Section 33. 940.302 (2) (b) of the statutes is amended to read:

SB492,11,12 940.302 (2) (b) Whoever benefits in any manner from a violation of par. (a) is guilty of a Class D felony if the person knows or reasonably should have known that the benefits come from or are derived from an act or scheme described in par. (a).

SB492,34 Section 34. 944.30 of the statutes is renumbered 944.30 (1m).

SB492,35 Section 35. 944.30 (2m) of the statutes is created to read:

SB492,11,18 944.30 (2m) If the person under sub. (1m) has not attained the age of 18 years and if the court determines that the best interests of the person are served and society will not be harmed, the court may enter a consent decree under s. 938.32 or a deferred prosecution agreement in accordance with s. 938.245, 971.39, or 971.40.

SB492,36 Section 36. 944.33 (1) of the statutes is renumbered 944.33.

SB492,37 Section 37. 944.33 (2) of the statutes is renumbered 940.302 (2) (c) and amended to read:

SB492,11,24 940.302 (2) (c) If the person received Whoever knowingly receives compensation from the earnings of the debt bondage, a prostitute, such person or a commercial sex act, as described in sub. (1) (a) 1. and 2., is guilty of a Class F felony.

SB492,38 Section 38. 944.33 (3) of the statutes is renumbered 904.04 (2) (b) 1. and amended to read:

SB492,12,11 904.04 (2) (b) 1. In a prosecution under this section, it is competent for the state to prove other criminal proceeding alleging a violation of s. 940.302 (2) or of ch. 948, alleging the commission of a serious sex offense, as defined in s. 939.615 (1) (b), or of domestic abuse, as defined in s. 968.075 (1) (a), or alleging an offense that, following a conviction, is subject to the surcharge in s. 973.055, evidence of any similar acts by the accused for the purpose of showing the accused's intent and disposition is admissible, and is admissible without regard to whether the victim of the crime that is the subject of the proceeding is the same as the victim of the similar act.

SB492,39 Section 39. 946.82 (4) of the statutes is amended to read:

SB492,13,2 946.82 (4) "Racketeering activity" means any activity specified in 18 USC 1961 (1) in effect as of April 27, 1982, or the attempt, conspiracy to commit, or commission of any of the felonies specified in: chs. 945 and 961, subch. V of ch. 551, and ss. 49.49, 134.05, 139.44 (1), 180.0129, 181.0129, 185.825, 201.09 (2), 215.12, 221.0625, 221.0636, 221.0637, 221.1004, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (4) to (6), 940.20, 940.201, 940.203, 940.21, 940.30, 940.302 (2), 940.305, 940.31, 941.20 (2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 942.09, 943.01 (2), (2d), or (2g), 943.011, 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (bf) to (e), 943.201, 943.203, 943.23 (1g), (2) and (3), 943.24 (2), 943.27, 943.28, 943.30, 943.32, 943.34 (1) (bf), (bm), and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (bf), (bm), and (c) and (4m), 943.60, 943.70, 943.76, 943.81, 943.82, 943.83, 943.84, 943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 944.21 (5) (c) and (e), 944.32, 944.33 (2), 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11, 946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76, 946.79, 947.015, 948.05, 948.051, 948.08, 948.12, and 948.30.

SB492,40 Section 40. 948.051 (1) of the statutes is amended to read:

SB492,13,7 948.051 (1) Whoever knowingly recruits, entices, provides, obtains, or harbors, or knowingly attempts to recruit, entice, provide, obtain, or harbor, any child for the purpose of commercial sex acts, as defined in s. 940.302 (1) (a), or sexually explicit performance is guilty of a Class C felony.

SB492,41 Section 41. 948.07 (3) of the statutes is amended to read:

SB492,13,11 948.07 (3) Exposing a sex organ genitals, pubic area, or intimate parts to the child or causing the child to expose a sex organ genitals, pubic area, or intimate parts in violation of s. 948.10.

SB492,42 Section 42. 948.10 (title) of the statutes is amended to read:

SB492,13,13 948.10 (title) Exposing genitals or, pubic area, or intimate parts .

SB492,43 Section 43. 948.10 (1) (intro.) of the statutes is amended to read:

SB492,13,17 948.10 (1) (intro.) Whoever, for purposes of sexual arousal or sexual gratification, causes a child to expose genitals or, pubic area, or intimate parts or exposes genitals or, pubic area, or intimate parts to a child is guilty of the following:

SB492,44 Section 44. 949.03 (1) (b) of the statutes is amended to read:

SB492,13,25 949.03 (1) (b) The commission or the attempt to commit any crime specified in s. 346.62 (4), 346.63 (2) or (6), 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.09, 940.10, 940.19, 940.20, 940.201, 940.21, 940.22 (2), 940.225, 940.23, 940.235, 940.24, 940.25, 940.285, 940.29, 940.30, 940.302 (2), 940.305, 940.31, 940.32, 941.327, 943.02, 943.03, 943.04, 943.10, 943.20, 943.23 (1g), 943.32, 943.81, 943.86, 943.87, 948.02, 948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 948.07, 948.075, 948.08, 948.085, 948.09, 948.095, 948.20, 948.30 or 948.51.

SB492,45 Section 45 . 950.04 (1v) (p) of the statutes is amended to read:

SB492,14,5 950.04 (1v) (p) To have the person preparing a presentence investigation under s. 972.15 make a reasonable attempt to contact the victim, as provided in s. 972.15 (2m), and to view the sentence recommendation and any victim information included on the presentence investigation report, as provided in s. 972.15 (4m).

SB492,46 Section 46. 971.17 (1m) (a) 1. of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB492,14,13 971.17 (1m) (a) 1. If the defendant under sub. (1) is found not guilty by reason of mental disease or defect for a felony or a violation of s. 165.765 (1), 2011 stats., or 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 person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. The judge shall inform the person that he or she may request expungement under s. 165.77 (4).

SB492,47 Section 47. 972.15 (4m) of the statutes, as affected by 2013 Wisconsin Act 108, is amended to read:

SB492,15,2 972.15 (4m) The district attorney, the defendant's attorney, and, following a conviction for a felony in which an assistant attorney general has original jurisdiction, served at the request of a district attorney under s. 978.05 (8) (b), or served as a special prosecutor under s. 978.045, the assistant attorney general are entitled to have and keep a copy of the presentence investigation report. If the defendant is not represented by counsel, the defendant is entitled to view the presentence investigation report but may not keep a copy of the report. A Except as provided in s. 950.04 (1v) (p), a district attorney, the defendant's attorney, or an assistant attorney general who receives a copy of the report shall keep it confidential. A defendant who views the contents of a presentence investigation report shall keep the information in the report confidential.

SB492,48 Section 48. 973.015 of the statutes is renumbered 973.015 (1m), and 973.015 (1m) (a) 1., as renumbered, is amended to read:

SB492,15,13 973.015 (1m) (a) 1. Subject to par. (b) subd. 2. and except as provided in par. (c) subd. 3., when a person is under the age of 25 at the time of the commission of an offense for which the person has been found guilty in a court for violation of a law for which the maximum period of imprisonment is 6 years or less, the court may order at the time of sentencing that the record be expunged upon successful completion of the sentence if the court determines the person will benefit and society will not be harmed by this disposition. This subsection does not apply to information maintained by the department of transportation regarding a conviction that is required to be included in a record kept under s. 343.23 (2) (a).

SB492,49 Section 49. 973.015 (2m) of the statutes is created to read:

SB492,15,19 973.015 (2m) At any time after a person has been convicted, adjudicated delinquent, or found not guilty by reason of mental disease or defect for a violation of s. 944.30, a court may, upon the motion of the person, vacate the conviction, adjudication, or finding, or may order that the record of the violation of s. 944.30 be expunged, if all of the following apply:

SB492,15,22 (a) The person was a victim of trafficking for the purposes of a commercial sex act, as defined in s. 940.302 (1) (a), under s. 940.302 or 948.051 or under 22 USC 7101 to 7112.

SB492,15,24 (b) The person committed the violation of s. 944.30 as a result of being a victim of trafficking for the purposes of a commercial sex act.

SB492,16,5 (c) The person submitted a motion that complies with s. 971.30, that contains a statement of facts and, if applicable, the reason the person did not previously raise an affirmative defense under s. 939.46 or allege that the violation was committed as a result of being a victim of trafficking for the purposes of a commercial sex act, and that may include any of the following:

SB492,16,6 1. Certified records of federal or state court proceedings.

SB492,16,8 2. Certified records of approval notices, law enforcement certifications, or similar documents generated from federal immigration proceedings.

SB492,16,9 3. Official documentation from a federal, state, or local government agency.

SB492,16,11 4. Other relevant and probative evidence of sufficient credibility in support of the motion.

SB492,16,15 (d) The person made the motion with due diligence subject to reasonable concern for the safety of himself or herself, family members, or other victims of trafficking for the purposes of a commercial sex act or subject to other reasons consistent with the safety of persons.

SB492,16,19 (e) A copy of the motion has been served on the office of the district attorney that prosecuted the case that resulted in the conviction, adjudication, or finding except that failure to serve a copy does not deprive the court of jurisdiction and is not grounds for dismissal of the motion.

SB492,16,22 (f) The court in which the motion was made notified the appropriate district attorney's office of the motion and has given the district attorney's office an opportunity to respond to the motion.

SB492,16,24 (g) The court determines that the person will benefit and society will not be harmed by a disposition.

SB492,50 Section 50. 973.015 (3) of the statutes is created to read:

SB492,17,2 973.015 (3) A special disposition under this section is not a basis for a claim under s. 775.05.

SB492,51 Section 51. 973.055 (1) (a) 1. of the statutes is amended to read:

SB492,17,10 973.055 (1) (a) 1. The court convicts the person of a violation of a crime specified in s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.19, 940.20 (1m), 940.201, 940.21, 940.225, 940.23, 940.235, 940.285, 940.30, 940.305, 940.31, 940.32, 940.42, 940.43, 940.44, 940.45, 940.48, 941.20, 941.30, 943.01, 943.011, 943.14, 943.15, 946.49, 947.01 (1), 947.012 or 947.0125 or of a municipal ordinance conforming to s. 940.201, 941.20, 941.30, 943.01, 943.011, 943.14, 943.15, 946.49, 947.01 (1), 947.012 or 947.0125; and

SB492,52 Section 52. 973.075 (1) (a) of the statutes is amended to read:

SB492,17,14 973.075 (1) (a) All property, real or personal, including money, used in the course of, intended for use in the course of, or directly or indirectly derived from or realized through the commission of any crime.

SB492,53 Section 53. 973.075 (1) (b) 1m. c. of the statutes is amended to read:

SB492,17,18 973.075 (1) (b) 1m. c. In the commission of a crime in violation of s. 940.302, 944.30 (1m), 944.31, 944.32, 944.33 or , 944.34, 948.02, 948.025, 948.05, 948.051, 948.055, 948.06, 948.07, 948.08, 948.09, 948.10, 948.12, or 948.14.

SB492,54 Section 54. 973.075 (2) (intro.) of the statutes is amended to read:

SB492,17,25 973.075 (2) (intro.) A law enforcement officer may seize property subject to this section upon process issued by any court of record having jurisdiction over the property. Except for vehicles used in the commission of a crime in violation of s. 940.302, 944.30 (1m), 944.31, 944.32, 944.33 or, 944.34, 948.02, 948.025, 948.05, 948.051, 948.055, 948.06, 948.07, 948.08, 948.09, 948.10, 948.12, or 948.14, seizure without process may be made under any of the following circumstances:

SB492,55 Section 55. 973.075 (5m) (c) (intro.) of the statutes is amended to read:

SB492,18,8 973.075 (5m) (c) (intro.) If, by the forfeiture action deadline, a summons, complaint and affidavit have not been filed under s. 973.076 (2) (a) (1) (b) 1. with respect to property seized under sub. (1) (e), the prosecutor shall notify the victim, if known, by certified mail no later than 7 days after the forfeiture action deadline. The prosecutor shall then return the property to the person from whom it was seized no earlier than 60 days and no later than 90 days after the forfeiture action deadline unless one of the following applies:

SB492,56 Section 56. 973.076 (1) (title) of the statutes is created to read:

SB492,18,10 973.076 (1) (title) Civil forfeitures.

SB492,57 Section 57. 973.076 (1) of the statutes is renumbered 973.076 (1) (a).

SB492,58 Section 58. 973.076 (2) of the statutes is renumbered 973.076 (1) (b), and 973.076 (1) (b) 3., as renumbered, is amended to read:

SB492,18,15 973.076 (1) (b) 3. In counties having a population of 500,000 or more, the district attorney or the corporation counsel may proceed under par. (a). subd. 1.

SB492,59 Section 59. 973.076 (2m) of the statutes is created to read:

SB492,18,20 973.076 (2m) Criminal forfeitures. (a) In addition to any penalties under this chapter, the court shall, with due provision for the rights of innocent persons, order forfeiture of any property specified in s. 973.075 (1) in accordance with pars. (b), (c), and (d).

SB492,19,2 (b) A criminal complaint must allege the extent of property subject to forfeiture under this subsection. At trial, the court or the jury shall return a special verdict determining the extent of property, if any, that is subject to forfeiture under this subsection. When a special verdict contains a finding of property subject to a forfeiture under this subsection, a judgment of criminal forfeiture shall be entered along with the judgment of conviction under s. 972.13.

SB492,19,9 (c) An injured person has a right or claim to forfeited property or the proceeds derived from forfeited property under this subsection that is superior to any right or claim the state has in the property or proceeds. This paragraph does not grant the injured person priority over state claims or rights by reason of a tax lien or other basis not covered by this section or by s. 973.075 or 973.077. All rights, titles, and interest in property specified in s. 973.075 (1) vest in the state upon the commission of the act giving rise to forfeiture under this subsection.

SB492,19,18 (d) An injured or innocent person may petition the court for relief from the judgment of criminal forfeiture entered under par. (b) within 30 days after it is entered. The person filing the petition has the burden of satisfying or convincing to a reasonable certainty by the greater weight of the evidence that the person has a bona fide perfected security interest in the property subject to forfeiture in s. 973.075 (1) or any other property subject to forfeiture in sub. (4). The court may order that a person with a bona fide perfected security interest be paid from the proceeds of the forfeiture or any other equitable relief necessary so as to do substantial justice to the person.

SB492,60 Section 60. Effective dates. This act takes effect on the day after publication, except as follows:

SB492,19,22 (1) The treatment of sections 51.20 (13) (cr), 165.76 (1) (am), 938.34 (15) (a) 1., and 971.17 (1m) (a) 1. of the statutes takes effect on April 1, 2015.

SB492,19,23 (End)