AB268: Bill Text

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)