LRBs0047/1
MGD:jld:cph
2003 - 2004 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2003 ASSEMBLY BILL 51
March 26, 2003 - Offered by Committee on Corrections and the Courts.
AB51-ASA1,1,6
1An Act to amend 940.225 (4) (intro.); and
to create 940.225 (2) (h), 940.225 (2)
2(i), 940.225 (5) (ab) and 940.225 (5) (ad) of the statutes;
relating to: sexual
3activity involving a person working at a jail or prison or a community
4corrections staff member and an inmate or a person otherwise in the custody
5or under the supervision of the Department of Corrections and providing a
6penalty.
Analysis by the Legislative Reference Bureau
Under current law a person who has sexual contact or sexual intercourse with
another person without the other person's consent commits the crime of sexual
assault. In addition, current law prohibits a person from having sexual contact or
sexual intercourse with another person under certain circumstances regardless of
whether the other person has consented. Under those provisions a person commits
the crime of sexual assault when he or she has sexual contact or sexual intercourse
with any of the following: 1) a person who is under the influence of drugs or drugs
and alcohol or who suffers from a mental illness, so as to preclude him or her from
effectively consenting; 2) a person who is unconscious; 3) a patient or resident in an
adult family home, a community-based residential facility, or a health or mental
health treatment facility that employs the other person; or 4) a person under the age
of 16. A person convicted of sexual assault under one of those provisions is guilty of
a Class C felony, which is punishable by a fine of not more than $100,000, a term of
imprisonment (consisting of a term of confinement in state prison followed by a term
of extended supervision) of up to 40 years, or both.
This bill prohibits a person who works at a correctional institution (which,
under the bill, means a juvenile detention facility, a juvenile correctional facility, a
state prison, a county or municipal jail or house of corrections, a Huber facility, a
lockup facility, or a county work camp) from having sexual contact or sexual
intercourse with a person who is confined in a correctional institution. The bill also
prohibits a probation, parole, or extended supervision agent from having sexual
contact or sexual intercourse with an individual who is on probation, parole, or
extended supervision if either: 1) the agent supervises the individual, either directly
or through a subordinate; or 2) the agent has influenced or has attempted to
influence another agent's supervision of the individual. A person who violates this
prohibition is guilty of a Class C felony.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB51-ASA1, s. 1
1Section
1. 940.225 (2) (h) of the statutes is created to read:
AB51-ASA1,2,32
940.225
(2) (h) Has sexual contact or sexual intercourse with an individual who
3is confined in a correctional institution if the actor is a correctional staff member.
AB51-ASA1, s. 2
4Section
2. 940.225 (2) (i) of the statutes is created to read:
AB51-ASA1,2,105
940.225
(2) (i) Has sexual contact or sexual intercourse with an individual who
6is on probation, parole, or extended supervision if the actor is a probation, parole, or
7extended supervision agent who supervises the individual, either directly or through
8a subordinate, in his or her capacity as a probation, parole, or extended supervision
9agent or who has influenced or has attempted to influence another probation, parole,
10or extended supervision agent's supervision of the individual.
AB51-ASA1, s. 3
11Section
3. 940.225 (4) (intro.) of the statutes is amended to read:
AB51-ASA1,3,412
940.225
(4) Consent. (intro.) "Consent", as used in this section, means words
13or overt actions by a person who is competent to give informed consent indicating a
1freely given agreement to have sexual intercourse or sexual contact. Consent is not
2an issue in alleged violations of sub. (2) (c), (cm), (d)
and, (g)
, (h), and (i). The following
3persons are presumed incapable of consent but the presumption may be rebutted by
4competent evidence, subject to the provisions of s. 972.11 (2):
AB51-ASA1, s. 4
5Section
4. 940.225 (5) (ab) of the statutes is created to read:
AB51-ASA1,3,86
940.225
(5) (ab) "Correctional institution" means a jail or correctional facility,
7as defined in s. 961.01 (12m), a secured correctional facility, as defined in s. 938.02
8(15m), or a secure detention facility, as defined in s. 938.02 (16).
AB51-ASA1, s. 5
9Section
5. 940.225 (5) (ad) of the statutes is created to read:
AB51-ASA1,3,1110
940.225
(5) (ad) "Correctional staff member" means an individual who works
11at a correctional institution, including a volunteer.