Amendment ASA2-AB978

LRBs0295/1

MJW:cjs&emw

2023 - 2024 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 2, TO ASSEMBLY BILL 978

February 20, 2024 - Offered by Representative O'Connor.

AB978-ASA2,1,4 An Act to repeal 15.257 (3), 59.54 (29), 66.0511 (4) and 165.29; to amend 66.0511 (title); and to create 15.257 (3), 59.54 (29), 66.0511 (4), 165.29 and 165.85 (3m) (d) of the statutes; relating to: creation of a Human Trafficking Council.

Analysis by the Legislative Reference Bureau

This bill creates a Human Trafficking Council in the Department of Justice. Under the bill, the council consists of the following members: the secretary or a designee of the Departments of Administration, Children and Families, Health Services, Safety and Professional Services, Transportation, and Workforce Development; the state superintendent of public instruction, or his or her designee; the state public defender, or his or her designee; two senators and two representatives to the assembly from the two major political parties; one district attorney; one chief of police; two sheriffs; four representatives of organizations that provide human trafficking victim support services; one Native American; one representative of the Office of Crime Victim Services; and the director of the Department of Justice Division of Criminal Investigation Human Trafficking and Internet Crimes Against Children Bureau, or his or her designee.

The duties of the Human Trafficking Council are to compile an inventory of human trafficking prevention programs and services and maintain an online database to share information about human trafficking; review and assess the efficacy of the expenditure of state funds for human trafficking prevention; compile and analyze data about human trafficking arrests and prosecutions; assess sex trafficking activities in each county, establish criteria to be used as the basis for recommendations to counties, and make recommendations to counties as to whether a human trafficking task force should be established in that county or that a law enforcement agency in that county designate a law enforcement officer to coordinate the law enforcement agency's human trafficking prevention and enforcement efforts; assess the regulation and oversight of facilities that provide residential care in a congregate living environment; assess the use of social media platforms for human trafficking purposes in the state and develop recommendations on how to stop, reduce, or prevent such use; develop a state strategic plan for reducing human trafficking generally; develop protocols for interaction with human trafficking victims; develop a model training program for counties relating to reducing interest in solicitation by individuals who solicit or facilitate commercial sex acts; and annually submit a report that summarizes the data collected by, activities of, and obstacles faced by the council during the previous year.

The bill authorizes the Human Trafficking Council to request from, and requires DOJ and DOA provide, any data needed by the council to complete its duties.

The bill provides that, in counties to which the Human Trafficking Council has provided a recommendation, the county board is encouraged to establish a sex trafficking task force to combat sex trafficking in that county, and each person in charge of a law enforcement agency in the county is encouraged to designate an officer to coordinate the agency's human trafficking prevention and enforcement efforts.

The bill requires the Law Enforcement Standards Board to develop a list of recommended training courses for law enforcement officers relating to human trafficking prevention and enforcement.

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

AB978-ASA2,1 Section 1 . 15.257 (3) of the statutes is created to read:

AB978-ASA2,2,4 15.257 (3) Human trafficking council. There is created in the department of justice a human trafficking council. The council shall consist of the following members:

AB978-ASA2,2,5 (a) The secretary of administration, or his or her designee.

AB978-ASA2,2,6 (b) The secretary of children and families, or his or her designee.

AB978-ASA2,3,1 (c) The secretary of health services, or his or her designee.

AB978-ASA2,3,2 (d) The state superintendent of public instruction, or his or her designee.

AB978-ASA2,3,3 (e) The secretary of safety and professional services, or his or her designee.

AB978-ASA2,3,4 (f) The secretary of transportation, or his or her designee.

AB978-ASA2,3,5 (g) The secretary of workforce development, or his or her designee.

AB978-ASA2,3,6 (h) The state public defender, or his or her designee.

AB978-ASA2,3,8 (i) Two senators and 2 representatives to the assembly from the 2 major political parties, appointed as are members of standing committees.

AB978-ASA2,3,10 (j) To be appointed by the Wisconsin District Attorneys Association, one district attorney holding office in this state.

AB978-ASA2,3,13 (k) To be appointed by the Wisconsin Chiefs of Police Association, one chief of police or chief of a combined protective services department holding office in this state.

AB978-ASA2,3,15 (L) To be appointed by the Badger State Sheriffs' Association, one sheriff holding office in this state.

AB978-ASA2,3,17 (m) To be appointed by the Wisconsin Sheriffs and Deputy Sheriffs Association, one sheriff holding office in this state.

AB978-ASA2,3,21 (n) To be appointed by the attorney general, 4 representatives of organizations that provide human trafficking victim support services. The representatives appointed under this paragraph shall be from organizations that serve different geographic areas of the state, including both urban and rural communities.

AB978-ASA2,3,23 (o) To be appointed by the Great Lakes Inter-Tribal Council, Inc., one Native American member.

AB978-ASA2,3,24 (p) One representative of the office of crime victim services.

AB978-ASA2,4,3 (q) The director of the department of justice division of criminal investigation human trafficking and Internet crimes against children bureau, or his or her designee.

AB978-ASA2,2 Section 2. 15.257 (3) of the statutes, as created by 2023 Wisconsin Act .... (this act), is repealed.

AB978-ASA2,3 Section 3. 59.54 (29) of the statutes is created to read:

AB978-ASA2,4,13 59.54 (29) Sex trafficking task forces. In any county that has received a recommendation from the human trafficking council under s. 165.29 (1) (d), the board shall review the recommendation, and the board is encouraged to establish a sex trafficking task force that includes representatives from law enforcement agencies, county departments, and local nonprofit groups to coordinate efforts to combat sex trafficking in that county, including identifying and investigating sex trafficking, supporting victims, and raising community awareness.

AB978-ASA2,4 Section 4. 59.54 (29) of the statutes, as created by 2023 Wisconsin Act .... (this act), is repealed.

AB978-ASA2,5 Section 5 . 66.0511 (title) of the statutes is amended to read:

AB978-ASA2,4,18 66.0511 (title) Law enforcement agency agencies; certain policies on use of force and citizen complaint procedures.

AB978-ASA2,6 Section 6 . 66.0511 (4) of the statutes is created to read:

AB978-ASA2,4,24 66.0511 (4) Human trafficking prevention and enforcement. Each person in charge of a law enforcement agency in a county that has received a recommendation from the human trafficking council under s. 165.29 (1) (d) is encouraged to designate a law enforcement officer of the law enforcement agency to coordinate the law enforcement agency's human trafficking prevention and enforcement efforts.

AB978-ASA2,7 Section 7. 66.0511 (4) of the statutes, as created by 2023 Wisconsin Act .... (this act), is repealed.

AB978-ASA2,8 Section 8. 165.29 of the statutes is created to read:

AB978-ASA2,5,5 165.29 Human trafficking council. (1) The human trafficking council shall do all of the following:

AB978-ASA2,5,12 (a) Compile and maintain an inventory of human trafficking prevention programs and services in this state and develop, maintain, and keep current an online database to share information among counties, law enforcement agencies, state agencies that have responsibilities relating to sex trafficking, and organizations that provide human trafficking prevention programs and services or victim support programs and services. The database shall include an online portal that is accessible by each such entity.

AB978-ASA2,5,15 (b) Beginning on July 1, 2028, and once every 3 years thereafter, define, review, and assess the efficacy of the expenditure of state funds allocated to human trafficking prevention.

AB978-ASA2,5,19 (c) Compile data on human trafficking offenses committed in this state using metrics the council determines to be of use, including at a minimum the annual number of arrests, prosecutions, and convictions for human trafficking offenses under s. 940.302 or 948.051.

AB978-ASA2,5,25 (d) Assess sex trafficking activities in each county, establish criteria to be used as the basis for recommendations to counties, and make recommendations to counties as to whether a human trafficking task force should be established in that county or that a law enforcement agency in that county designate a law enforcement officer to coordinate the law enforcement agency's human trafficking prevention and enforcement efforts.

AB978-ASA2,6,4 (e) Assess the regulation and oversight of facilities that provide residential care in a congregate living environment, including community-based residential facilities, as defined in s. 50.01 (1g), and group homes licensed under s. 48.625, as it relates to victims of human trafficking.

AB978-ASA2,6,9 (f) Assess the frequency and extent to which social media platforms are used to assist, facilitate, or support human trafficking in this state; establish a process to detect such use on a consistent basis; and develop recommendations on how to stop, reduce, or prevent social media platforms from being used for human trafficking purposes.