LRB-0335/5
BF:skg:jlb
1995 - 1996 LEGISLATURE
May 30, 1995 - Introduced by Representatives Huber, Dobyns, Riley, Owens,
Krusick, Notestein, Kaufert, Walker, Robson, Rutkowski, Gunderson,
Coggs, Travis, Ward, Lazich, Grobschmidt, Brandemuehl, Schneiders,
Baldus, Wirch, Ryba, Ziegelbauer, Gronemus, Gard, Albers, Wasserman,
Springer, Seratti, F. Lasee, Nass, Wilder, Boyle
and Hasenohrl,
cosponsored by Senators Darling, Burke, Breske, Petak, A. Lasee, Moen,
Decker, Shibilski, Rosenzweig
and Buettner. Referred to Committee on
Criminal Justice and Corrections.
AB405,1,2 1An Act to create 948.13 and 973.034 of the statutes; relating to: child sex
2offenders working or volunteering with children and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law provides various penalties for child sex offenses. This bill prohibits
a person who has been convicted of a serious child sex crime from subsequently
working or volunteering in a position that requires the person to work or interact
primarily and directly with children. Any person convicted of violating this
prohibition may be fined not more than $10,000 or imprisoned for not more than 10
years or both.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB405, s. 1 3Section 1. 948.13 of the statutes is created to read:
AB405,1,5 4948.13 Child sex offender working with children. (1) In this section,
5"serious child sex offense" means any of the following:
AB405,1,76 (a) A crime under s. 948.02 (1) or (2), 948.025 (1), 948.05 (1), 948.06 or 948.07
7(1), (2), (3) or (4).
AB405,2,3
1(b) A crime under federal law or the law of any other state or, prior to the
2effective date of this paragraph .... [revisor inserts date], under the law of this state
3that is comparable to a crime specified in par. (a).
AB405,2,7 4(2) Whoever has been convicted of a serious child sex offense and subsequently
5engages in an occupation or participates in a volunteer position that requires him or
6her to work or interact primarily and directly with children is guilty of a Class C
7felony.
AB405,2,12 8(3) Evidence that a person engages in an occupation or participates in a
9volunteer position relating to any of the following is prima facie evidence that the
10occupation or position requires him or her to work or interact primarily and directly
11with children: teaching children, child care, youth counseling, youth organization,
12coaching children, parks or playground recreation or school bus driving.
AB405, s. 2 13Section 2. 973.034 of the statutes is created to read:
AB405,2,18 14973.034 Sentencing; restriction on child sex offender working with
15children.
Whenever a court imposes a sentence or places a defendant on probation
16regarding a conviction under s. 948.02 (1) or (2), 948.025 (1), 948.05 (1), 948.06 or
17948.07 (1), (2), (3) or (4), the court shall inform the defendant of the requirements and
18penalties under s. 948.13.
AB405, s. 3 19Section 3. Initial applicability.
AB405,2,23 20(1)  This act first applies to offenses committed on the effective date of this
21subsection, but does not preclude the counting of other offenses as prior serious child
22sex offenses for determining whether a person is subject to section 948.13 (2) of the
23statutes, as created by this act.
AB405,2,2424 (End)
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