AB268: Bill Text

1999 - 2000 LEGISLATURE

1999 Assembly BILL 268

April 9, 1999 - Introduced by Representatives Colon, Riley, Klusman, Musser, Turner, Bock, Staskunas and Powers, cosponsored by Senators Burke, Darling and Roessler. Referred to Committee on Criminal Justice.

AB268,1,4 An Act to renumber 302.113 (7); to amend 48.57 (3p) (g) 3., 165.60, 165.70 (1) (b), 973.01 (5), 973.075 (1) (b) 1m. c. and 973.075 (2) (intro.); and to create 302.113 (7) (b), 304.06 (1z), 944.30 (4g), 944.335 and 971.41 of the statutes; relating to: prostitution and providing a penalty.

Analysis by the Legislative Reference Bureau

Current law prohibits various conduct related to prostitution. This bill makes several changes in the laws relating to prostitution. Specifically, current law and the changes that the bill makes are as follows:

The offense of prostitution

Under current law, the offense of prostitution includes the following: 1) engaging in, offering to engage in or requesting another to engage in sexual intercourse for anything of value; 2) engaging in, offering to engage in or requesting another to engage in certain acts of sexual contact or sexual gratification for anything of value; and 3) masturbating another, offering to masturbate another or requesting to be masturbated by another for anything of value. A person who is found guilty of prostitution may be fined not more than $10,000 or imprisoned for not more than nine months or both.

This bill provides that a person is guilty of prostitution if he or she masturbates himself or herself in the presence of another person at the request of that other person or offers to masturbate himself or herself in the presence of another person for anything of value.

Other offenses related to prostitution

In addition to prohibiting prostitution, current law prohibits certain conduct relating to prostitution. Specifically, current law prohibits patronizing prostitutes, soliciting prostitutes (commanding, encouraging or requesting a person to practice prostitution on an ongoing basis), pandering (assisting a person in engaging a prostitute) and keeping a place of prostitution. A person who is found guilty of patronizing a prostitute may be fined not more than $10,000 or imprisoned for not more than nine months or both. A person who is found guilty of soliciting prostitutes or keeping a place of prostitution may be fined not more than $10,000 or imprisoned for not more than five years or both, if the offense occurs before December 31, 1999, or may be fined not more than $10,000 or imprisoned for not more than ten years or both, if the offense occurs on or after December 31, 1999. A person who is found guilty of pandering may be fined not more than $10,000 or imprisoned for not more than nine months or both, except that if he or she received compensation from the earnings of the prostitute he or she may be fined not more than $10,000 or imprisoned for not more than ten years or both, if the offense occurs before December 31, 1999, or may be fined not more than $10,000 or imprisoned for not more than 15 years or both, if the offense occurs on or after December 31, 1999.

This bill prohibits a person from doing any of the following, if they are done with the intent to engage in prostitution, to patronize prostitutes, to solicit prostitutes or to pander: 1) exposing or offering to expose or requesting another to expose his or her intimate parts; and 2) committing or offering to commit or requesting another to commit an act of sexual contact. A person who violates this prohibition may be fined not more than $10,000 or imprisoned for not more than nine months or both.

Disposition of prostitution-related cases

The bill makes several changes relating to the disposition of cases of persons arrested for or convicted of offenses relating to prostitution. Specifically, the bill provides that when a person convicted of an offense relating to prostitution is released from prison on parole or extended supervision, the person may be required as a condition of parole or extended supervision to avoid the premises where the offense occurred or the geographic area where the offense occurred or both.

Finally, the bill provides for a deferred prosecution program for certain persons accused of or charged with prostitution, patronizing prostitutes, pandering (if the person did not receive compensation from the prostitute's earnings), or acts done with the intent to engage in prostitution, to patronize prostitutes, to solicit prostitutes or to pander. Under the deferred prosecution program, the accused or charged person must agree to abide by certain conditions, including participation in a program designed to educate offenders about the effect of prostitution on the community and its neighborhoods, if such a program is offered by a community organization in the community in which the person lives or in which the violation occurred and if the person has the financial ability to pay any fee required to participate in the program. If the person satisfies the conditions of the deferred prosecution, the case against him or her is not prosecuted; but if he or she fails to satisfy the conditions, the case against him or her may be prosecuted.

For further information see the state and local 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:

AB268, s. 1 Section 1. 48.57 (3p) (g) 3. of the statutes is amended to read:

AB268,3,15 48.57 (3p) (g) 3. The person has been convicted of a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, or of a violation of the law of any other state or federal law that would be a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, if committed in this state, except that a county department or, in a county having a population of 500,000 or more, the department of health and family services may make payments to a person applying for payments under sub. (3m) and a person receiving payments under sub. (3m) may employ in a position in which the person would have regular contact with the child for whom those payments are being made or permit to be an adult resident a person who has been convicted of a violation of s. 944.30, 944.31 or, 944.33 or 944.335 or of a violation of the law of any other state or federal law that would be a violation of s. 944.30, 944.31 or, 944.33 or 944.335 if committed in this state, if that violation occurred 20 years or more before the date of the investigation.

AB268, s. 2 Section 2. 165.60 of the statutes is amended to read:

AB268,4,2 165.60 Law enforcement. The department of justice is authorized to enforce ss. 101.123 (2), (5) and (8), 944.30, 944.31, 944.33, 944.335, 944.34, 945.02 (2), 945.03 and 945.04 and is invested vested with the powers conferred by law upon sheriffs and municipal police officers in the performance of those duties. This section does not deprive or relieve sheriffs, constables and other local police officers of the power and duty to enforce those sections, and those officers shall likewise enforce those sections.

AB268, s. 3 Section 3. 165.70 (1) (b) of the statutes is amended to read:

AB268,4,6 165.70 (1) (b) Enforce chs. 945 and 961 and ss. 940.20 (3), 940.201, 941.25 to 941.27, 943.01 (2) (c), 943.011, 943.27, 943.28, 943.30, 944.30, 944.31, 944.32, 944.33, 944.335, 944.34, 946.65, 947.02 (3) and (4) and 948.08.

AB268, s. 4 Section 4. 302.113 (7) of the statutes is renumbered 302.113 (7) (a).

AB268, s. 5 Section 5. 302.113 (7) (b) of the statutes is created to read:

AB268,4,22 302.113 (7) (b) If a person is released on extended supervision under a bifurcated sentence imposed for any violation of s. 944.30, 944.31, 944.32, 944.33, 944.335 or 944.34, the department may, subject to par. (a), require as a condition of extended supervision that the person avoid the premises where the violation occurred, the geographic area where the violation occurred or both the premises and the geographic area where the violation occurred. If the department imposes a condition of extended supervision under this paragraph that requires the person to avoid the geographic area where the violation occurred, the department shall specify in detail the geographic area to which the condition applies. This paragraph does not prohibit the department from requiring as a condition of probation that a person placed on probation for any violation of s. 944.30, 944.31, 944.32, 944.33, 944.335 or 944.34 avoid the premises where the violation occurred, the geographic area where the violation occurred or both the premises and the geographic area where the violation occurred.

AB268, s. 6 Section 6. 304.06 (1z) of the statutes is created to read:

AB268,5,12 304.06 (1z) If a person is paroled from a sentence imposed for any violation of s. 944.30, 944.31, 944.32, 944.33, 944.335 or 944.34, the parole commission or the department may require as a condition of parole that the person avoid the premises where the violation occurred, the geographic area where the violation occurred or both the premises and the geographic area where the violation occurred. If the parole commission or the department imposes a condition of parole under this subsection that requires the person to avoid the geographic area where the violation occurred, the parole commission or the department, whichever is applicable, shall specify in detail the geographic area to which the condition applies. This subsection does not prohibit the department from requiring as a condition of probation that a person placed on probation for any violation of s. 944.30, 944.31, 944.32, 944.33, 944.335 or 944.34 avoid the premises where the violation occurred, the geographic area where the violation occurred or both the premises and the geographic area where the violation occurred.

AB268, s. 7 Section 7. 944.30 (4g) of the statutes is created to read:

AB268,5,16 944.30 (4g) Masturbates himself or herself in the presence of another person at the request of that other person or offers to masturbate himself or herself in the presence of another person for anything of value.

AB268, s. 8 Section 8. 944.335 of the statutes is created to read:

AB268,5,19 944.335 Acts in furtherance of prostitution. Any person who intentionally does any of the following is guilty of a Class A misdemeanor:

AB268,5,21 (1) Exposes or offers to expose or requests another to expose his or her intimate parts with intent to commit a violation of s. 944.30, 944.31, 944.32 or 944.33.

AB268,5,23 (2) Commits or offers to commit or requests another to commit an act of sexual contact with intent to commit a violation of s. 944.30, 944.31, 944.32 or 944.33.

AB268, s. 9 Section 9. 971.41 of the statutes is created to read:

AB268,6,4 971.41 Deferred prosecution programs; prostitution cases. (1) The district attorney may enter into a deferred prosecution agreement under this section with a person accused of or charged with any violation of s. 944.30, 944.31 or 944.335 or any misdemeanor violation of s. 944.33 if all of the following apply to the person:

AB268,6,5 (a) The person has not previously been convicted of any state or federal crime.

AB268,6,7 (b) The person is not also accused of or charged with any crime other than a violation of s. 944.30, 944.31 or 944.335 or a misdemeanor violation of s. 944.33.

AB268,6,12 (2) A deferred prosecution agreement under sub. (1) shall provide that the prosecution will be suspended for a specified period not to exceed one year if the person complies with conditions specified in the agreement. The agreement shall be in writing, shall be signed by the district attorney or his or her designee and the person, and shall provide all of the following:

AB268,6,14 (a) That the person waives his or her right to a speedy trial during the period of the agreement.

AB268,6,16 (b) That the agreement will toll any applicable civil or criminal statute of limitations during the period of the agreement.

AB268,6,18 (c) That the person shall file with the district attorney a monthly written report certifying his or her compliance with the conditions specified in the agreement.

AB268,6,25 (3) If a community organization in the community in which the person lives or in which the violation occurred offers a program designed to educate offenders about the effect of prostitution on the community and its neighborhoods, a deferred prosecution agreement under sub. (1) shall provide, as one of its conditions, that the person must participate in the program, except that if the program requires a participant to pay a fee, the person may be required to participate in the program only if he or she has the financial ability to pay the fee.

AB268,7,3 (4) The written agreement shall be terminated and the prosecution may resume upon written notice by either the person or the district attorney to the other prior to completion of the period of the agreement.

AB268,7,7 (5) Upon completion of the period of the agreement, if the agreement has not been terminated under sub. (4), the court shall dismiss, with prejudice, any charge or charges against the person in connection with the crime specified in sub. (1), or if no such charges have been filed, none may be filed.

AB268,7,14 (6) Consent to a deferred prosecution under this section is not an admission of guilt and the consent may not be admitted in evidence in a trial for the crime specified in sub. (1), unless the consent is relevant to questions concerning the statute of limitations or lack of speedy trial. No statement relating to the crime, made by the person in connection with any discussions concerning deferred prosecution or made to any person involved in a program in which the person must participate as a condition of the agreement, is admissible in a trial for the crime specified in sub. (1).

AB268, s. 10 Section 10. 973.01 (5) of the statutes is amended to read:

AB268,7,25 973.01 (5) Extended supervision conditions. Whenever the court imposes a bifurcated sentence under sub. (1), the court may impose conditions upon the term of extended supervision. If a person is given a bifurcated sentence for any violation of s. 944.30, 944.31, 944.32, 944.33, 944.335 or 944.34, the court may require as a condition of extended supervision that the person avoid the premises where the violation occurred, the geographic area where the violation occurred or both the premises and the geographic area where the violation occurred. If the court imposes a condition of extended supervision under this subsection that requires the person to avoid the geographic area where the violation occurred, the court shall specify in detail the geographic area to which the condition applies.

AB268, s. 11 Section 11. 973.075 (1) (b) 1m. c. of the statutes is amended to read:

AB268,8,3 973.075 (1) (b) 1m. c. In the commission of a crime in violation of s. 944.30, 944.31, 944.32, 944.33, 944.335 or 944.34.

AB268, s. 12 Section 12. 973.075 (2) (intro.) of the statutes is amended to read:

AB268,8,9 973.075 (2) (intro.)  A law enforcement officer may seize property subject to this section upon process issued by any court of record having jurisdiction over the property. Except for vehicles used in the commission of a crime in violation of s. 944.30, 944.31, 944.32, 944.33, 944.335 or 944.34, seizure without process may be made under any of the following circumstances:

AB268, s. 13 Section 13. Initial applicability.

AB268,8,12 (1) This act first applies to offenses that occur on the effective date of this subsection.

AB268,8,13 (End)