AB620-ASA1,10,1716 940.302 (2) (a) 2. i. Controlling or threatening to control any individual's access
17to an addictive controlled substance.
AB620-ASA1,34 18Section 34. 940.302 (2) (a) 2. j. of the statutes is amended to read:
AB620-ASA1,10,2119 940.302 (2) (a) 2. j. Using any scheme or , pattern, or other means to cause an
20directly or indirectly coerce, threaten, or intimidate any individual to believe that
21any individual would suffer bodily harm, financial harm, restraint, or other harm
.
AB620-ASA1,35 22Section 35. 940.302 (2) (a) 2. k. and L. of the statutes are created to read:
AB620-ASA1,10,2423 940.302 (2) (a) 2. k. Using or threatening to use force or violence on any
24individual.
AB620-ASA1,11,2
1L. Causing or threatening to cause any individual to do any act against the
2individual's will or without the individual's consent.
AB620-ASA1,36 3Section 36. 940.302 (2) (b) of the statutes is amended to read:
AB620-ASA1,11,64 940.302 (2) (b) Whoever benefits in any manner from a violation of par. (a) is
5guilty of a Class D felony if the person knows or reasonably should have known that
6the benefits come from or are derived from an act or scheme described in par. (a).
AB620-ASA1,37 7Section 37. 944.30 of the statutes is renumbered 944.30 (1m).
AB620-ASA1,38 8Section 38. 944.30 (2m) and (3m) of the statutes are created to read:
AB620-ASA1,11,129 944.30 (2m) If the person under sub. (1m) has not attained the age of 18 years
10and if the court determines that the best interests of the person are served and
11society will not be harmed, the court may enter a consent decree under s. 938.32 or
12a deferred prosecution agreement in accordance with s. 938.245, 971.39, or 971.40.
AB620-ASA1,11,14 13(3m) A person is not in violation of, and may not be charged with a violation
14of, sub. (1m) if all of the following apply:
AB620-ASA1,11,1515 (a) The person has not attained the age of 18.
AB620-ASA1,11,1916 (b) The person was a victim of trafficking for the purposes of a commercial sex
17act, as defined in s. 940.302 (1) (a), under s. 940.302 or 948.051 or under 22 USC 7101
18to 7112, regardless of whether anyone was charged with, prosecuted for, or convicted
19of a violation of s. 940.302 or 948.051 or 22 USC 7101 to 7112.
AB620-ASA1,11,2120 (c) The person committed the violation of sub. (1m) as a result of being a victim
21of trafficking for the purposes of a commercial sex act.
AB620-ASA1,39 22Section 39. 944.33 (1) of the statutes is renumbered 944.33.
AB620-ASA1,40 23Section 40. 944.33 (2) of the statutes is renumbered 940.302 (2) (c) and
24amended to read:
AB620-ASA1,12,3
1940.302 (2) (c) If the person received Whoever knowingly receives
2compensation from the earnings of the debt bondage, a prostitute, such person or a
3commercial sex act, as described in sub. (1) (a) 1. and 2.,
is guilty of a Class F felony.
AB620-ASA1,41 4Section 41. 944.33 (3) of the statutes is renumbered 904.04 (2) (b) 1. and
5amended to read:
AB620-ASA1,12,146 904.04 (2) (b) 1. In a prosecution under this section, it is competent for the state
7to prove other
criminal proceeding alleging a violation of s. 940.302 (2) or of ch. 948,
8alleging the commission of a serious sex offense, as defined in s. 939.615 (1) (b), or
9of domestic abuse, as defined in s. 968.075 (1) (a), or alleging an offense that,
10following a conviction, is subject to the surcharge in s. 973.055, evidence of any

11similar acts by the accused for the purpose of showing the accused's intent and
12disposition
is admissible, and is admissible without regard to whether the victim of
13the crime that is the subject of the proceeding is the same as the victim of the similar
14act
.
AB620-ASA1,42 15Section 42. 946.82 (4) of the statutes is amended to read:
AB620-ASA1,13,516 946.82 (4) "Racketeering activity" means any activity specified in 18 USC 1961
17(1) in effect as of April 27, 1982, or the attempt, conspiracy to commit, or commission
18of any of the felonies specified in: chs. 945 and 961, subch. V of ch. 551, and ss. 49.49,
19134.05, 139.44 (1), 180.0129, 181.0129, 185.825, 201.09 (2), 215.12, 221.0625,
20221.0636, 221.0637, 221.1004, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (4) to (6),
21940.20, 940.201, 940.203, 940.21, 940.30, 940.302 (2), 940.305, 940.31, 941.20 (2) and
22(3), 941.26, 941.28, 941.298, 941.31, 941.32, 942.09, 943.01 (2), (2d), or (2g), 943.011,
23943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (bf) to (e),
24943.201, 943.203, 943.23 (1g), (2) and (3), 943.24 (2), 943.27, 943.28, 943.30, 943.32,
25943.34 (1) (bf), (bm), and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4)

1(bf), (bm), and (c) and (4m), 943.60, 943.70, 943.76, 943.81, 943.82, 943.83, 943.84,
2943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 944.21 (5) (c) and (e), 944.32, 944.33
3(2),
944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11, 946.12,
4946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76,
5946.79, 947.015, 948.05, 948.051, 948.08, 948.12, and 948.30.
AB620-ASA1,43 6Section 43. 948.051 (1) of the statutes is amended to read:
AB620-ASA1,13,107 948.051 (1) Whoever knowingly recruits, entices, provides, obtains, or harbors,
8or knowingly attempts to recruit, entice, provide, obtain, or harbor, any child for the
9purpose of commercial sex acts, as defined in s. 940.302 (1) (a), or sexually explicit
10performance
is guilty of a Class C felony.
AB620-ASA1,44 11Section 44. 948.07 (3) of the statutes is amended to read:
AB620-ASA1,13,1412 948.07 (3) Exposing a sex organ genitals, pubic area, or intimate parts to the
13child or causing the child to expose a sex organ genitals, pubic area, or intimate parts
14in violation of s. 948.10.
AB620-ASA1,45 15Section 45. 948.10 (title) of the statutes is amended to read:
AB620-ASA1,13,16 16948.10 (title) Exposing genitals or, pubic area, or intimate parts .
AB620-ASA1,46 17Section 46. 948.10 (1) (intro.) of the statutes is amended to read:
AB620-ASA1,13,2018 948.10 (1) (intro.) Whoever, for purposes of sexual arousal or sexual
19gratification, causes a child to expose genitals or, pubic area, or intimate parts or
20exposes genitals or, pubic area, or intimate parts to a child is guilty of the following:
AB620-ASA1,47 21Section 47. 949.03 (1) (b) of the statutes is amended to read:
AB620-ASA1,14,322 949.03 (1) (b) The commission or the attempt to commit any crime specified in
23s. 346.62 (4), 346.63 (2) or (6), 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08,
24940.09, 940.10, 940.19, 940.20, 940.201, 940.21, 940.22 (2), 940.225, 940.23, 940.235,
25940.24, 940.25, 940.285, 940.29, 940.30, 940.302 (2), 940.305, 940.31, 940.32,

1941.327, 943.02, 943.03, 943.04, 943.10, 943.20, 943.23 (1g), 943.32, 943.81, 943.86,
2943.87, 948.02, 948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 948.07, 948.075,
3948.08, 948.085, 948.09, 948.095, 948.20, 948.30 or 948.51.
AB620-ASA1,48 4Section 48 . 950.04 (1v) (p) of the statutes is amended to read:
AB620-ASA1,14,85 950.04 (1v) (p) To have the person preparing a presentence investigation under
6s. 972.15 make a reasonable attempt to contact the victim, as provided in s. 972.15
7(2m), and to view the sentence recommendation and any victim information included
8on the presentence investigation report, as provided in s. 972.15 (4m)
.
AB620-ASA1,49 9Section 49. 971.17 (1m) (a) 1. of the statutes, as affected by 2013 Wisconsin
10Act 20
, is amended to read:
AB620-ASA1,14,1611 971.17 (1m) (a) 1. If the defendant under sub. (1) is found not guilty by reason
12of mental disease or defect for a felony or a violation of s. 165.765 (1), 2011 stats., or
13of s. 940.225 (3m), 941.20 (1), 944.20, 944.30 (1m), 944.31, 944.33 (1), 946.52, or
14948.10 (1) (b), the court shall require the person to provide a biological specimen to
15the state crime laboratories for deoxyribonucleic acid analysis. The judge shall
16inform the person that he or she may request expungement under s. 165.77 (4).
AB620-ASA1,50 17Section 50. 972.15 (4m) of the statutes, as affected by 2013 Wisconsin Act 108,
18is amended to read:
AB620-ASA1,15,419 972.15 (4m) The district attorney, the defendant's attorney, and, following a
20conviction for a felony in which an assistant attorney general has original
21jurisdiction, served at the request of a district attorney under s. 978.05 (8) (b), or
22served as a special prosecutor under s. 978.045, the assistant attorney general are
23entitled to have and keep a copy of the presentence investigation report. If the
24defendant is not represented by counsel, the defendant is entitled to view the
25presentence investigation report but may not keep a copy of the report. A Except

1as provided in s. 950.04 (1v) (p), a
district attorney, the defendant's attorney, or an
2assistant attorney general who receives a copy of the report shall keep it confidential.
3A defendant who views the contents of a presentence investigation report shall keep
4the information in the report confidential.
AB620-ASA1,51 5Section 51. 973.015 of the statutes is renumbered 973.015 (1m), and 973.015
6(1m) (a) 1., as renumbered, is amended to read:
AB620-ASA1,15,157 973.015 (1m) (a) 1. Subject to par. (b) subd. 2. and except as provided in par.
8(c)
subd. 3., when a person is under the age of 25 at the time of the commission of an
9offense for which the person has been found guilty in a court for violation of a law for
10which the maximum period of imprisonment is 6 years or less, the court may order
11at the time of sentencing that the record be expunged upon successful completion of
12the sentence if the court determines the person will benefit and society will not be
13harmed by this disposition. This subsection does not apply to information
14maintained by the department of transportation regarding a conviction that is
15required to be included in a record kept under s. 343.23 (2) (a).
AB620-ASA1,52 16Section 52. 973.015 (2m) of the statutes is created to read:
AB620-ASA1,15,2117 973.015 (2m) At any time after a person has been convicted, adjudicated
18delinquent, or found not guilty by reason of mental disease or defect for a violation
19of s. 944.30, a court may, upon the motion of the person, vacate the conviction,
20adjudication, or finding, or may order that the record of the violation of s. 944.30 be
21expunged, if all of the following apply:
AB620-ASA1,15,2422 (a) The person was a victim of trafficking for the purposes of a commercial sex
23act, as defined in s. 940.302 (1) (a), under s. 940.302 or 948.051 or under 22 USC 7101
24to 7112.
AB620-ASA1,16,2
1(b) The person committed the violation of s. 944.30 as a result of being a victim
2of trafficking for the purposes of a commercial sex act.
AB620-ASA1,16,73 (c) The person submitted a motion that complies with s. 971.30, that contains
4a statement of facts and, if applicable, the reason the person did not previously raise
5an affirmative defense under s. 939.46 or allege that the violation was committed as
6a result of being a victim of trafficking for the purposes of a commercial sex act, and
7that may include any of the following:
AB620-ASA1,16,88 1. Certified records of federal or state court proceedings.
AB620-ASA1,16,109 2. Certified records of approval notices, law enforcement certifications, or
10similar documents generated from federal immigration proceedings.
AB620-ASA1,16,1111 3. Official documentation from a federal, state, or local government agency.
AB620-ASA1,16,1312 4. Other relevant and probative evidence of sufficient credibility in support of
13the motion.
AB620-ASA1,16,1714 (d) The person made the motion with due diligence subject to reasonable
15concern for the safety of himself or herself, family members, or other victims of
16trafficking for the purposes of a commercial sex act or subject to other reasons
17consistent with the safety of persons.
AB620-ASA1,16,2118 (e) A copy of the motion has been served on the office of the district attorney
19that prosecuted the case that resulted in the conviction, adjudication, or finding
20except that failure to serve a copy does not deprive the court of jurisdiction and is not
21grounds for dismissal of the motion.
AB620-ASA1,16,2422 (f) The court in which the motion was made notified the appropriate district
23attorney's office of the motion and has given the district attorney's office an
24opportunity to respond to the motion.
AB620-ASA1,17,2
1(g) The court determines that the person will benefit and society will not be
2harmed by a disposition.
AB620-ASA1,53 3Section 53. 973.015 (3) of the statutes is created to read:
AB620-ASA1,17,54 973.015 (3) A special disposition under this section is not a basis for a claim
5under s. 775.05.
AB620-ASA1,54 6Section 54. 973.055 (1) (a) 1. of the statutes is amended to read:
AB620-ASA1,17,137 973.055 (1) (a) 1. The court convicts the person of a violation of a crime specified
8in s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.19, 940.20 (1m), 940.201, 940.21,
9940.225, 940.23, 940.235, 940.285, 940.30, 940.305, 940.31, 940.32, 940.42, 940.43,
10940.44, 940.45, 940.48, 941.20, 941.30, 943.01, 943.011, 943.14, 943.15, 946.49,
11947.01 (1), 947.012 or 947.0125 or of a municipal ordinance conforming to s. 940.201,
12941.20, 941.30, 943.01, 943.011, 943.14, 943.15, 946.49, 947.01 (1), 947.012 or
13947.0125; and
AB620-ASA1,55 14Section 55. 973.075 (1) (a) of the statutes is amended to read:
AB620-ASA1,17,1715 973.075 (1) (a) All property, real or personal, including money, used in the
16course of, intended for use in the course of, or
directly or indirectly derived from or
17realized through the commission of any crime.
AB620-ASA1,56 18Section 56. 973.075 (1) (b) 1m. c. of the statutes is amended to read:
AB620-ASA1,17,2119 973.075 (1) (b) 1m. c. In the commission of a crime in violation of s. 940.302,
20944.30 (1m), 944.31, 944.32, 944.33 or , 944.34, 948.02, 948.025, 948.05, 948.051,
21948.055, 948.06, 948.07, 948.08, 948.09, 948.10, 948.12, or 948.14
.
AB620-ASA1,57 22Section 57. 973.075 (2) (intro.) of the statutes is amended to read:
AB620-ASA1,18,323 973.075 (2) (intro.) A law enforcement officer may seize property subject to this
24section upon process issued by any court of record having jurisdiction over the
25property. Except for vehicles used in the commission of a crime in violation of s.

1940.302, 944.30 (1m), 944.31, 944.32, 944.33 or, 944.34, 948.02, 948.025, 948.05,
2948.051, 948.055, 948.06, 948.07, 948.08, 948.09, 948.10, 948.12, or 948.14,
seizure
3without process may be made under any of the following circumstances:
AB620-ASA1,58 4Section 58. 973.075 (5m) (c) (intro.) of the statutes is amended to read:
AB620-ASA1,18,115 973.075 (5m) (c) (intro.) If, by the forfeiture action deadline, a summons,
6complaint and affidavit have not been filed under s. 973.076 (2) (a) (1) (b) 1. with
7respect to property seized under sub. (1) (e), the prosecutor shall notify the victim,
8if known, by certified mail no later than 7 days after the forfeiture action deadline.
9The prosecutor shall then return the property to the person from whom it was seized
10no earlier than 60 days and no later than 90 days after the forfeiture action deadline
11unless one of the following applies:
AB620-ASA1,59 12Section 59. 973.076 (1) (title) of the statutes is created to read:
AB620-ASA1,18,1313 973.076 (1) (title) Civil forfeitures.
AB620-ASA1,60 14Section 60. 973.076 (1) of the statutes is renumbered 973.076 (1) (a).
AB620-ASA1,61 15Section 61. 973.076 (2) of the statutes is renumbered 973.076 (1) (b), and
16973.076 (1) (b) 3., as renumbered, is amended to read:
AB620-ASA1,18,1817 973.076 (1) (b) 3. In counties having a population of 500,000 or more, the
18district attorney or the corporation counsel may proceed under par. (a). subd. 1.
AB620-ASA1,62 19Section 62. 973.076 (2m) of the statutes is created to read:
AB620-ASA1,18,2320 973.076 (2m) Criminal forfeitures. (a) In addition to any penalties under this
21chapter, the court shall, with due provision for the rights of innocent persons, order
22forfeiture of any property specified in s. 973.075 (1) in accordance with pars. (b), (c),
23and (d).
AB620-ASA1,19,424 (b) A criminal complaint must allege the extent of property subject to forfeiture
25under this subsection. At trial, the court or the jury shall return a special verdict

1determining the extent of property, if any, that is subject to forfeiture under this
2subsection. When a special verdict contains a finding of property subject to a
3forfeiture under this subsection, a judgment of criminal forfeiture shall be entered
4along with the judgment of conviction under s. 972.13.
AB620-ASA1,19,115 (c) An injured person has a right or claim to forfeited property or the proceeds
6derived from forfeited property under this subsection that is superior to any right or
7claim the state has in the property or proceeds. This paragraph does not grant the
8injured person priority over state claims or rights by reason of a tax lien or other basis
9not covered by this section or by s. 973.075 or 973.077. All rights, titles, and interest
10in property specified in s. 973.075 (1) vest in the state upon the commission of the act
11giving rise to forfeiture under this subsection.
AB620-ASA1,19,2012 (d) An injured or innocent person may petition the court for relief from the
13judgment of criminal forfeiture entered under par. (b) within 30 days after it is
14entered. The person filing the petition has the burden of satisfying or convincing to
15a reasonable certainty by the greater weight of the evidence that the person has a
16bona fide perfected security interest in the property subject to forfeiture in s. 973.075
17(1) or any other property subject to forfeiture in sub. (4). The court may order that
18a person with a bona fide perfected security interest be paid from the proceeds of the
19forfeiture or any other equitable relief necessary so as to do substantial justice to the
20person.
AB620-ASA1,63 21Section 63. Effective dates. This act takes effect on the day after publication,
22except as follows:
AB620-ASA1,19,2423 (1) The treatment of sections 51.20 (13) (cr), 165.76 (1) (am), 938.34 (15) (a) 1.,
24and 971.17 (1m) (a) 1. of the statutes takes effect on April 1, 2015.
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