Amendment SSA1-SB333

LRBs0112/1

CMH:cdc

2023 - 2024 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO SENATE BILL 333

October 6, 2023 - Offered by Senator James.

SB333-SSA1,1,4 An Act to renumber and amend 115.31 (2g); to amend 115.31 (2r) (a); and to create 48.981 (3d), 115.31 (2g) (c), 115.31 (2r) (c) and 948.098 of the statutes; relating to: sexual misconduct against a pupil by a school staff member or volunteer and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill makes it a Class I felony for a person who works or volunteers at an elementary school, secondary school, or tribal school to commit sexual misconduct against a pupil who is enrolled at that school. The bill defines “sexual misconduct” to be verbal or physical conduct of a sexual nature. Under the bill, if a law enforcement officer or a county department of social or human services, the Department of Children and Families in a county of 750,000 or more, or a child welfare agency under contract with DCF receives a report of alleged sexual misconduct against a pupil, the law enforcement officer, county department, DCF, or child welfare agency must notify the Department of Public Instruction of the violation, including the name of the person alleged and the school district or school at which that person works or volunteers.

Under current law, there are certain offenses for which if a person who is licensed by DPI is convicted will result in an automatic revocation of that person's license. Under current law, a person's license may be reinstated after six years for certain offenses if the person shows, by clear and convincing evidence, that he or she is entitled to reinstatement. This bill adds certain crimes to the automatic revocation provision and adds a lifetime bar on reinstatement for certain crimes. Under current law, a person's license is automatically revoked if he or she is convicted of a Class H felony or higher that is a crime against life or bodily security or a crime against a child. This bill adds that a person's license is automatically revoked if he or she is convicted of certain crimes against children that are Class I felonies, including sexual misconduct, certain crimes against privacy, and theft of property from a school. Under the bill, a person's license may not be reinstated if the person is convicted of a crime against a child that is a Class H felony or higher, sexual misconduct against a pupil, and certain crimes against privacy.

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

SB333-SSA1,1 Section 1. 48.981 (3d) of the statutes is created to read:

SB333-SSA1,2,6 48.981 (3d) Notification of a report. An agency that receives a report under sub. (3) of conduct that constitutes a violation of s. 948.098 shall notify the department of public instruction of the alleged violation including the name of the person alleged and the name of the school district or school at which the person works or volunteers.

SB333-SSA1,2 Section 2. 115.31 (2g) of the statutes is renumbered 115.31 (2g) (intro.) and amended to read:

SB333-SSA1,2,11 115.31 (2g) (intro.) Notwithstanding subch. II of ch. 111, the state superintendent shall revoke a license granted by the state superintendent, without a hearing, if the licensee is convicted of any of the following:

SB333-SSA1,2,13 (a) A Class A, B, C, or D felony under ch. 940 or 948, except ss. 940.08 and 940.205, for a violation that occurs on or after September 12, 1991 , or any.

SB333-SSA1,2,15 (b) A Class E, F, G, or H felony under ch. 940 or 948, except ss. 940.08 and 940.205, for a violation that occurs on or after February 1, 2003.

SB333-SSA1,3 Section 3. 115.31 (2g) (c) of the statutes is created to read:

SB333-SSA1,3,2 115.31 (2g) (c) Any of the following, if the violation occurs on or after the effective date of this paragraph .... [LRB inserts date]:

SB333-SSA1,3,3 1. A violation of s. 942.08, 942.09 (2), 948.098, 948.10, or 948.11 (2) (a).

SB333-SSA1,3,4 2. A felony violation of s. 943.20 if the property belonged to the school district.

SB333-SSA1,3,6 3. A violation of federal law or the law of any other state or jurisdiction that would be a violation of subd. 1. or 2. or par. (a) or (b) if committed in this state.

SB333-SSA1,4 Section 4. 115.31 (2r) (a) of the statutes is amended to read:

SB333-SSA1,3,12 115.31 (2r) (a) Except as provided under par. pars. (b) and (c), the state superintendent may not reinstate a license revoked under sub. (2g) for 6 years following the date of the conviction, and may reinstate a license revoked under sub. (2g) only if the licensee establishes by clear and convincing evidence that he or she is entitled to reinstatement.

SB333-SSA1,5 Section 5. 115.31 (2r) (c) of the statutes is created to read:

SB333-SSA1,3,15 115.31 (2r) (c) The state superintendent may not reinstate a license revoked under sub. (2g) if the license was revoked for any of the following:

SB333-SSA1,3,16 1. A felony conviction for a violation of ch. 948 described in sub. (2g) (a) or (b).

SB333-SSA1,3,17 2. A felony conviction for a violation of s. 942.08 or 948.098.

SB333-SSA1,3,19 3. A conviction for a violation of s. 942.09 (2) if the person depicted in the representation is a child.

SB333-SSA1,3,21 4. A conviction for the violation of federal law or the law of any other state or jurisdiction that would be a violation of subd. 1., 2., or 3. if committed in this state.

SB333-SSA1,6 Section 6. 948.098 of the statutes is created to read:

SB333-SSA1,3,24 948.098 Sexual misconduct by a school staff person or volunteer. (1) In this section:

SB333-SSA1,4,2 (a) “Physical contact of a sexual nature” means any of the following types of intentional touching, whether direct or through clothing:

SB333-SSA1,4,5 1. Intentional touching by the actor or, upon the actor's instruction, by another person, by the use of any body part or object, if the purpose of the intentional touching is any of the following:

SB333-SSA1,4,6 a. To sexually degrade or sexually humiliate the pupil.

SB333-SSA1,4,7 b. To sexually degrade or sexually humiliate the actor.

SB333-SSA1,4,8 c. To sexually arouse or sexually gratify the pupil.

SB333-SSA1,4,9 d. To sexually arouse or sexually gratify the actor.

SB333-SSA1,4,12 2. Intentional touching by the pupil, by the use of any body part or object, of the actor or, if done upon the actor's instructions, another person, if the purpose of the intentionally touching is any of the following:

SB333-SSA1,4,13 a. To sexually degrade or sexually humiliate the pupil.

SB333-SSA1,4,14 b. To sexually degrade or sexually humiliate the actor.

SB333-SSA1,4,15 c. To sexually arouse or sexually gratify the pupil.

SB333-SSA1,4,16 d. To sexually arouse or sexually gratify the actor.

SB333-SSA1,4,18 (b) “School" means a public or private elementary or secondary school, or a tribal school, as defined in s. 115.001 (15m).

SB333-SSA1,4,22 (c) “School staff member" means any person who provides services to a school or a school board, including an employee of a school or a school board and a person who provides services to a school or a school board under a contract. “School staff member” includes a bus driver.

SB333-SSA1,4,25 (d) “Sexual misconduct” means verbal conduct of a sexual nature or physical contact of a sexual nature. “Sexual misconduct” includes conduct directed by a person at another person of the same or opposite gender.

SB333-SSA1,5,2 (e) “Verbal conduct of a sexual nature” means communications made intentionally for any of the following purposes:

SB333-SSA1,5,3 1. Sexually degrading or sexually humiliating the pupil

SB333-SSA1,5,4 2. Sexually degrading or sexually humiliating the actor.

SB333-SSA1,5,5 3. Sexually arousing or sexually gratifying the pupil.