SB492,12 23Section 12. 301.048 (2) (bm) 1. a. of the statutes is amended to read:
SB492,7,724 301.048 (2) (bm) 1. a. A crime specified in s. 940.19 (3), 1999 stats., s. 940.195
25(3), 1999 stats., s. 943.23 (1m), 1999 stats., or s. 943.23 (1r), 1999 stats., or s. 940.01,

1940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (4) or (5), 940.195 (4)
2or (5), 940.20, 940.201, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.235, 940.285
3(2) (a) 1. or 2., 940.29, 940.295 (3) (b) 1g., 1m., 1r., 2., or 3., 940.31, 940.43 (1) to (3),
4940.45 (1) to (3), 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011,
5943.013, 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), 943.30, 943.32, 946.43,
6947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 948.07,
7948.08, 948.085, or 948.30.
SB492,13 8Section 13. 301.45 (1p) (a) of the statutes is amended to read:
SB492,7,149 301.45 (1p) (a) If a person is covered under sub. (1g) based solely on an order
10that was entered under s. 938.34 (15m) (am) or 973.048 (1m) in connection with a
11delinquency adjudication or a conviction for a violation of s. 942.08 (2) (b), (c), or (d),
12the person is not required to comply with the reporting requirements under this
13section if the delinquency adjudication is expunged under s. 938.355 (4m) (b) or if the
14conviction is expunged under s. 973.015 (2) (1m) (b).
SB492,14 15Section 14. 301.45 (7) (e) 2. of the statutes is amended to read:
SB492,7,1716 301.45 (7) (e) 2. The department issues a certificate of discharge under s.
17973.015 (2) (1m) (b).
SB492,15 18Section 15. 301.45 (7) (e) 3. of the statutes is amended to read:
SB492,7,2019 301.45 (7) (e) 3. The department receives a certificate of discharge issued under
20s. 973.015 (2) (1m) (b) by the detaining authority.
SB492,16 21Section 16. 440.312 (2) of the statutes is amended to read:
SB492,8,222 440.312 (2) The department may not grant a license under this subchapter to
23any person who has been convicted of an offense under s. 940.22, 940.225, 940.302
24(2) (a) 1. b., 944.06, 944.15, 944.17, 944.30 (1m), 944.31, 944.32, 944.33, 944.34,

1948.02, 948.025, 948.051, 948.06, 948.07, 948.075, 948.08, 948.09, 948.095, 948.10,
2948.11, or 948.12.
SB492,17 3Section 17. 440.982 (2) of the statutes is amended to read:
SB492,8,84 440.982 (2) The department may not grant a license under this subchapter to
5any person who has been convicted of an offense under s. 940.22, 940.225, 944.06,
6944.15, 944.17, 944.30 (1m), 944.31, 944.32, 944.33, 944.34, 948.02, 948.025,
7948.051, 948.06, 948.07, 948.075, 948.08, 948.09, 948.095, 948.10, 948.11, or 948.12
8or under s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.
SB492,18 9Section 18. 460.05 (1) (h) 1. of the statutes is amended to read:
SB492,8,1210 460.05 (1) (h) 1. An offense under s. 940.22, 940.225, 944.15, 944.17, 944.30
11(1m), 944.31, 944.32, 944.33, 944.34, 948.02, 948.025, 948.08, 948.085, 948.09,
12948.095, or 948.10.
SB492,19 13Section 19. 460.14 (2m) (a) of the statutes is amended to read:
SB492,8,1614 460.14 (2m) (a) An offense under s. 940.22, 940.225, 944.15, 944.17, 944.30
15(1m), 944.31, 944.32, 944.33, 944.34, 948.02, 948.025, 948.08, 948.085, 948.09,
16948.095, or 948.10.
SB492,20 17Section 20. 904.04 (2) (a) of the statutes is amended to read:
SB492,8,2318 904.04 (2) (a) General admissibility. Except as provided in par. (b) 2., evidence
19of other crimes, wrongs, or acts is not admissible to prove the character of a person
20in order to show that the person acted in conformity therewith. This subsection does
21not exclude the evidence when offered for other purposes, such as proof of motive,
22opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or
23accident.
SB492,21 24Section 21. 904.04 (2) (b) (title) of the statutes is created to read:
SB492,8,2525 904.04 (2) (b) Greater latitude.
SB492,22
1Section 22. 904.04 (2) (b) of the statutes is renumbered 904.04 (2) (b) 2.
SB492,23 2Section 23. 938.34 (15) (a) 1. of the statutes, as affected by 2013 Wisconsin Act
320
, is amended to read:
SB492,9,104 938.34 (15) (a) 1. If the juvenile is adjudicated delinquent on the basis of a
5violation that would be a felony if committed by an adult in this state or of a violation
6of s. 940.225 (3m), 941.20 (1), 944.20, 944.30 (1m), 944.31, 944.33 (1), 946.52, or
7948.10 (1) (b), the court shall require the juvenile to comply with the requirement
8under s. 165.76 (1) (am) by providing a biological specimen to the state crime
9laboratories for deoxyribonucleic acid analysis. The court shall inform the juvenile
10that he or she may request expungement under s. 165.77 (4).
SB492,24 11Section 24. 938.355 (2d) (a) 2. of the statutes is amended to read:
SB492,9,1612 938.355 (2d) (a) 2. "Sexual abuse" means a violation of s. 940.225, 944.30 (1m),
13948.02, 948.025, 948.05, 948.055, 948.06, 948.085, 948.09 or 948.10 or a violation of
14the law of any other state or federal law if that violation would be a violation of s.
15940.225, 944.30 (1m), 948.02, 948.025, 948.05, 948.055, 948.06, 948.085 (2), 948.09
16or 948.10 if committed in this state.
SB492,25 17Section 25. 938.371 (3) (d) of the statutes is amended to read:
SB492,9,2418 938.371 (3) (d) Any involvement of the juvenile, whether as victim or
19perpetrator, in sexual intercourse or sexual contact in violation of s. 940.225, 948.02,
20948.025, or 948.085, prostitution in violation of s. 944.30 (1m), sexual exploitation
21of a child in violation of s. 948.05, or causing a child to view or listen to sexual activity
22in violation of s. 948.055, if the information is necessary for the care of the juvenile
23or for the protection of any person living in the foster home, group home, residential
24care center for children and youth, or juvenile correctional facility.
SB492,26 25Section 26. 939.615 (1) (b) 2. of the statutes is amended to read:
SB492,10,4
1939.615 (1) (b) 2. A violation, or the solicitation, conspiracy or attempt to
2commit a violation, under ch. 940, 942, 943, 944 or 948 other than a violation
3specified in subd. 1., if the court determines that one of the purposes for the conduct
4constituting the violation was for the actor's sexual arousal or gratification.
SB492,27 5Section 27. 940.302 (1) (a) of the statutes is renumbered 940.302 (1) (a) (intro.)
6and amended to read:
SB492,10,97 940.302 (1) (a) (intro.) "Commercial sex act" means sexual contact any of the
8following
for which anything of value is given to, promised, or received, directly or
9indirectly, by any person.:
SB492,28 10Section 28. 940.302 (1) (a) 1., 2. and 3. of the statutes are created to read:
SB492,10,1111 940.302 (1) (a) 1. Sexual contact.
SB492,10,1212 2. Sexual intercourse.
SB492,10,1313 3. Except as provided in sub. (2) (c), any of the following:
SB492,10,1414 a. Sexually explicit performance.
SB492,10,1615 b. Any other conduct done for the purpose of sexual humiliation, degradation,
16arousal, or gratification.
SB492,29 17Section 29. 940.302 (1) (d) of the statutes is amended to read:
SB492,10,2018 940.302 (1) (d) "Trafficking" means recruiting, enticing, harboring,
19transporting, providing, or obtaining, or attempting to recruit, entice, harbor,
20transport, provide, or obtain, an individual without consent of the individual.
SB492,30 21Section 30. 940.302 (2) (a) 2. i. of the statutes is amended to read:
SB492,10,2322 940.302 (2) (a) 2. i. Controlling or threatening to control any individual's access
23to an addictive controlled substance.
SB492,31 24Section 31. 940.302 (2) (a) 2. j. of the statutes is amended to read:
SB492,11,3
1940.302 (2) (a) 2. j. Using any scheme or, pattern, or other means to cause an
2directly or indirectly coerce, threaten, or intimidate any individual to believe that
3any individual would suffer bodily harm, financial harm, restraint, or other harm
.
SB492,32 4Section 32. 940.302 (2) (a) 2. k. and L. of the statutes are created to read:
SB492,11,65 940.302 (2) (a) 2. k. Using or threatening to use force or violence on any
6individual.
SB492,11,87 L. Causing or threatening to cause any individual to do any act against the
8individual's will or without the individual's consent.
SB492,33 9Section 33. 940.302 (2) (b) of the statutes is amended to read:
SB492,11,1210 940.302 (2) (b) Whoever benefits in any manner from a violation of par. (a) is
11guilty of a Class D felony if the person knows or reasonably should have known that
12the benefits come from or are derived from an act or scheme described in par. (a).
SB492,34 13Section 34. 944.30 of the statutes is renumbered 944.30 (1m).
SB492,35 14Section 35. 944.30 (2m) of the statutes is created to read:
SB492,11,1815 944.30 (2m) If the person under sub. (1m) has not attained the age of 18 years
16and if the court determines that the best interests of the person are served and
17society will not be harmed, the court may enter a consent decree under s. 938.32 or
18a deferred prosecution agreement in accordance with s. 938.245, 971.39, or 971.40.
SB492,36 19Section 36. 944.33 (1) of the statutes is renumbered 944.33.
SB492,37 20Section 37. 944.33 (2) of the statutes is renumbered 940.302 (2) (c) and
21amended to read:
SB492,11,2422 940.302 (2) (c) If the person received Whoever knowingly receives
23compensation from the earnings of the debt bondage, a prostitute, such person or a
24commercial sex act, as described in sub. (1) (a) 1. and 2.,
is guilty of a Class F felony.
SB492,38
1Section 38. 944.33 (3) of the statutes is renumbered 904.04 (2) (b) 1. and
2amended to read:
SB492,12,113 904.04 (2) (b) 1. In a prosecution under this section, it is competent for the state
4to prove other
criminal proceeding alleging a violation of s. 940.302 (2) or of ch. 948,
5alleging the commission of a serious sex offense, as defined in s. 939.615 (1) (b), or
6of domestic abuse, as defined in s. 968.075 (1) (a), or alleging an offense that,
7following a conviction, is subject to the surcharge in s. 973.055, evidence of any

8similar acts by the accused for the purpose of showing the accused's intent and
9disposition
is admissible, and is admissible without regard to whether the victim of
10the crime that is the subject of the proceeding is the same as the victim of the similar
11act
.
SB492,39 12Section 39. 946.82 (4) of the statutes is amended to read:
SB492,13,213 946.82 (4) "Racketeering activity" means any activity specified in 18 USC 1961
14(1) in effect as of April 27, 1982, or the attempt, conspiracy to commit, or commission
15of any of the felonies specified in: chs. 945 and 961, subch. V of ch. 551, and ss. 49.49,
16134.05, 139.44 (1), 180.0129, 181.0129, 185.825, 201.09 (2), 215.12, 221.0625,
17221.0636, 221.0637, 221.1004, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (4) to (6),
18940.20, 940.201, 940.203, 940.21, 940.30, 940.302 (2), 940.305, 940.31, 941.20 (2) and
19(3), 941.26, 941.28, 941.298, 941.31, 941.32, 942.09, 943.01 (2), (2d), or (2g), 943.011,
20943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (bf) to (e),
21943.201, 943.203, 943.23 (1g), (2) and (3), 943.24 (2), 943.27, 943.28, 943.30, 943.32,
22943.34 (1) (bf), (bm), and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4)
23(bf), (bm), and (c) and (4m), 943.60, 943.70, 943.76, 943.81, 943.82, 943.83, 943.84,
24943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 944.21 (5) (c) and (e), 944.32, 944.33
25(2),
944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11, 946.12,

1946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76,
2946.79, 947.015, 948.05, 948.051, 948.08, 948.12, and 948.30.
SB492,40 3Section 40. 948.051 (1) of the statutes is amended to read:
SB492,13,74 948.051 (1) Whoever knowingly recruits, entices, provides, obtains, or harbors,
5or knowingly attempts to recruit, entice, provide, obtain, or harbor, any child for the
6purpose of commercial sex acts, as defined in s. 940.302 (1) (a), or sexually explicit
7performance
is guilty of a Class C felony.
SB492,41 8Section 41. 948.07 (3) of the statutes is amended to read:
SB492,13,119 948.07 (3) Exposing a sex organ genitals, pubic area, or intimate parts to the
10child or causing the child to expose a sex organ genitals, pubic area, or intimate parts
11in violation of s. 948.10.
SB492,42 12Section 42. 948.10 (title) of the statutes is amended to read:
SB492,13,13 13948.10 (title) Exposing genitals or, pubic area, or intimate parts .
SB492,43 14Section 43. 948.10 (1) (intro.) of the statutes is amended to read:
SB492,13,1715 948.10 (1) (intro.) Whoever, for purposes of sexual arousal or sexual
16gratification, causes a child to expose genitals or, pubic area, or intimate parts or
17exposes genitals or, pubic area, or intimate parts to a child is guilty of the following:
SB492,44 18Section 44. 949.03 (1) (b) of the statutes is amended to read:
SB492,13,2519 949.03 (1) (b) The commission or the attempt to commit any crime specified in
20s. 346.62 (4), 346.63 (2) or (6), 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08,
21940.09, 940.10, 940.19, 940.20, 940.201, 940.21, 940.22 (2), 940.225, 940.23, 940.235,
22940.24, 940.25, 940.285, 940.29, 940.30, 940.302 (2), 940.305, 940.31, 940.32,
23941.327, 943.02, 943.03, 943.04, 943.10, 943.20, 943.23 (1g), 943.32, 943.81, 943.86,
24943.87, 948.02, 948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 948.07, 948.075,
25948.08, 948.085, 948.09, 948.095, 948.20, 948.30 or 948.51.
SB492,45
1Section 45 . 950.04 (1v) (p) of the statutes is amended to read:
SB492,14,52 950.04 (1v) (p) To have the person preparing a presentence investigation under
3s. 972.15 make a reasonable attempt to contact the victim, as provided in s. 972.15
4(2m), and to view the sentence recommendation and any victim information included
5on the presentence investigation report, as provided in s. 972.15 (4m)
.
SB492,46 6Section 46. 971.17 (1m) (a) 1. of the statutes, as affected by 2013 Wisconsin
7Act 20
, is amended to read:
SB492,14,138 971.17 (1m) (a) 1. If the defendant under sub. (1) is found not guilty by reason
9of mental disease or defect for a felony or a violation of s. 165.765 (1), 2011 stats., or
10of s. 940.225 (3m), 941.20 (1), 944.20, 944.30 (1m), 944.31, 944.33 (1), 946.52, or
11948.10 (1) (b), the court shall require the person to provide a biological specimen to
12the state crime laboratories for deoxyribonucleic acid analysis. The judge shall
13inform the person that he or she may request expungement under s. 165.77 (4).
SB492,47 14Section 47. 972.15 (4m) of the statutes, as affected by 2013 Wisconsin Act 108,
15is amended to read:
SB492,15,216 972.15 (4m) The district attorney, the defendant's attorney, and, following a
17conviction for a felony in which an assistant attorney general has original
18jurisdiction, served at the request of a district attorney under s. 978.05 (8) (b), or
19served as a special prosecutor under s. 978.045, the assistant attorney general are
20entitled to have and keep a copy of the presentence investigation report. If the
21defendant is not represented by counsel, the defendant is entitled to view the
22presentence investigation report but may not keep a copy of the report. A Except
23as provided in s. 950.04 (1v) (p), a
district attorney, the defendant's attorney, or an
24assistant attorney general who receives a copy of the report shall keep it confidential.

1A defendant who views the contents of a presentence investigation report shall keep
2the information in the report confidential.
SB492,48 3Section 48. 973.015 of the statutes is renumbered 973.015 (1m), and 973.015
4(1m) (a) 1., as renumbered, is amended to read:
SB492,15,135 973.015 (1m) (a) 1. Subject to par. (b) subd. 2. and except as provided in par.
6(c)
subd. 3., when a person is under the age of 25 at the time of the commission of an
7offense for which the person has been found guilty in a court for violation of a law for
8which the maximum period of imprisonment is 6 years or less, the court may order
9at the time of sentencing that the record be expunged upon successful completion of
10the sentence if the court determines the person will benefit and society will not be
11harmed by this disposition. This subsection does not apply to information
12maintained by the department of transportation regarding a conviction that is
13required to be included in a record kept under s. 343.23 (2) (a).
SB492,49 14Section 49. 973.015 (2m) of the statutes is created to read:
SB492,15,1915 973.015 (2m) At any time after a person has been convicted, adjudicated
16delinquent, or found not guilty by reason of mental disease or defect for a violation
17of s. 944.30, a court may, upon the motion of the person, vacate the conviction,
18adjudication, or finding, or may order that the record of the violation of s. 944.30 be
19expunged, if all of the following apply:
SB492,15,2220 (a) The person was a victim of trafficking for the purposes of a commercial sex
21act, as defined in s. 940.302 (1) (a), under s. 940.302 or 948.051 or under 22 USC 7101
22to 7112.
SB492,15,2423 (b) The person committed the violation of s. 944.30 as a result of being a victim
24of trafficking for the purposes of a commercial sex act.
SB492,16,5
1(c) The person submitted a motion that complies with s. 971.30, that contains
2a statement of facts and, if applicable, the reason the person did not previously raise
3an affirmative defense under s. 939.46 or allege that the violation was committed as
4a result of being a victim of trafficking for the purposes of a commercial sex act, and
5that may include any of the following:
SB492,16,66 1. Certified records of federal or state court proceedings.
SB492,16,87 2. Certified records of approval notices, law enforcement certifications, or
8similar documents generated from federal immigration proceedings.
SB492,16,99 3. Official documentation from a federal, state, or local government agency.
SB492,16,1110 4. Other relevant and probative evidence of sufficient credibility in support of
11the motion.
SB492,16,1512 (d) The person made the motion with due diligence subject to reasonable
13concern for the safety of himself or herself, family members, or other victims of
14trafficking for the purposes of a commercial sex act or subject to other reasons
15consistent with the safety of persons.
SB492,16,1916 (e) A copy of the motion has been served on the office of the district attorney
17that prosecuted the case that resulted in the conviction, adjudication, or finding
18except that failure to serve a copy does not deprive the court of jurisdiction and is not
19grounds for dismissal of the motion.
SB492,16,2220 (f) The court in which the motion was made notified the appropriate district
21attorney's office of the motion and has given the district attorney's office an
22opportunity to respond to the motion.
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