AB341: Bill Text

LRB-0552/1

EAW&CMH:cdc/klm/wlj

2023 - 2024 LEGISLATURE

2023 Assembly BILL 341

June 30, 2023 - Introduced by Representatives Spiros, McGuire, Ohnstad, Allen, C. Anderson, Andraca, Behnke, Billings, Binsfeld, Brandtjen, Drake, Goeben, Gundrum, Gustafson, Hurd, Maxey, Murphy, Mursau, Nedweski, O'Connor, Ortiz-Velez, Rozar, Schraa, Sinicki, Steffen, Stubbs and Subeck, cosponsored by Senators James, Agard, Ballweg, Felzkowski, Hesselbein, Spreitzer, Stroebel, Tomczyk and Wanggaard. Referred to Committee on Education.

AB341,1,4 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. Under the bill, a school staff member or volunteer is guilty of sexual misconduct if the school staff member or volunteer knowingly engaged in sexual misconduct that substantially interfered with a pupil's academic performance or created an intimidating, hostile, or offensive school environment. 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.

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.

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

AB341,1 Section 1. 48.981 (3d) of the statutes is created to read:

AB341,2,6 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.

AB341,2 Section 2. 115.31 (2g) of the statutes is renumbered 115.31 (2g) (intro.) and amended to read:

AB341,2,11 115.31 (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:

AB341,2,13 (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.

AB341,2,15 (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.

AB341,3 Section 3. 115.31 (2g) (c) of the statutes is created to read:

AB341,3,3 115.31 (2g) (c) Any of the following, if the violation occurs on or after the effective date of this paragraph .... [LRB inserts date]:

AB341,3,4 1. A violation of s. 942.08, 942.09 (2), 948.098, 948.10, or 948.11 (2) (a).

AB341,3,5 2. A felony violation of s. 943.20 if the property belonged to the school district.

AB341,3,7 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.

AB341,4 Section 4. 115.31 (2r) (a) of the statutes is amended to read:

AB341,3,13 115.31 (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.

AB341,5 Section 5. 115.31 (2r) (c) of the statutes is created to read:

AB341,3,16 115.31 (2r) (c) The state superintendent may not reinstate a license revoked under sub. (2g) if the license was revoked for any of the following:

AB341,3,17 1. A felony conviction for a violation of ch. 948 described in sub. (2g) (a) or (b).

AB341,3,18 2. A felony conviction for a violation of s. 942.08 or 948.098.

AB341,3,20 3. A conviction for a violation of s. 942.09 if the person depicted in the representation is a child.

AB341,3,22 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.

AB341,6 Section 6. 948.098 of the statutes is created to read:

AB341,3,25 948.098 Sexual misconduct by a school staff person or volunteer. (1) In this section:

AB341,4,4 (a) “Physical contact of a sexual nature” means any of the following types of intentional touching, whether direct or through clothing, if that intentional touching is for the purpose of either sexually degrading or sexually humiliating the pupil or sexually arousing or sexually gratifying the actor:

AB341,4,6 1. Intentional touching by the actor or, upon the actor's instruction, by another person, by the use of any body part or object.

AB341,4,8 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.

AB341,4,10 (b) “School" means a public or private elementary or secondary school, or a tribal school, as defined in s. 115.001 (15m).

AB341,4,14 (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.

AB341,4,17 (d) “Sexual misconduct” means sexual advances, requests for sexual favors, or physical contact of a sexual nature. “Sexual misconduct” includes conduct directed by a person at another person of the same or opposite gender.

AB341,4,19 (e) “Volunteer” means a person, other than a school staff member, who provides services to a school without compensation.

AB341,4,22 (2) Any school staff member or volunteer who commits an act of sexual misconduct against a pupil enrolled in the school is guilty of a Class I felony if all of the following apply:

AB341,4,25 (a) The staff member or volunteer knew or should have known that his or her conduct was sufficiently severe to substantially interfere with a pupil's academic performance or create an intimidating, hostile, or offensive school environment.

AB341,5,3 (b) The conduct in fact substantially interfered with a pupil's academic performance or caused the pupil to experience an intimidating, hostile, or offensive school environment.

AB341,5,7 (3) A law enforcement officer who receives a report of an alleged violation of sub. (2) 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.

AB341,5,8 (End)