LRB-1125/2
PJH&EHS:jld/cmh/ahe
2015 - 2016 LEGISLATURE
February 18, 2016 - Introduced by Representatives Johnson and Billings.
Referred to Committee on Criminal Justice and Public Safety.
AB926,1,5
1An Act to amend 973.05 (3) (a); and
to create 20.455 (5) (hf), 814.75 (28), 814.76
2(21), 973.044 and 973.05 (2m) (fr) of the statutes;
relating to: creating a
3surcharge to be paid by persons convicted of certain crimes against children and
4certain crimes against sexual morality to fund services relating to crimes
5against children, and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill creates a surcharge that is paid by any person who commits a sexual
crime against a child or who commits certain crimes related to prostitution or sex
trafficking. Under the bill, a person who is convicted of committing one of those
offenses must pay, in addition to any criminal fine for the offense, a $500 surcharge.
Under the bill, the money collected under the surcharge is used by the Office of Crime
Victim Services in the Department of Justice to provide services to child victims of
sexual exploitation.
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:
AB926,1
6Section
1. 20.455 (5) (hf) of the statutes is created to read:
AB926,2,2
120.455
(5) (hf)
Services for child victims. All moneys received under s. 973.044
2for providing services to children who are victims of sexual exploitation.
AB926,2
3Section
2. 814.75 (28) of the statutes is created to read:
AB926,2,44
814.75
(28) The sexual exploitation surcharge under s. 973.044.
AB926,3
5Section
3. 814.76 (21) of the statutes is created to read:
AB926,2,66
814.76
(21) The sexual exploitation surcharge under s. 973.044.
AB926,4
7Section
4. 973.044 of the statutes is created to read:
AB926,2,11
8973.044 Sexual exploitation surcharge.
(1) If a court imposes a sentence
9or places a person on probation for a crime under s. 940.302 (2) if s. 940.302 (2) (a)
101. b. applies or under ss. 944.31 to 944.36 or 948.02 to 948.14, the court shall impose
11a sexual exploitation surcharge of $500 for each offense.
AB926,2,15
12(2) After determining the amount due, the clerk of court shall collect and
13transmit the amount to the county treasurer under s. 59.40 (2) (m). The county
14treasurer shall then make payment to the secretary of administration under s. 59.25
15(3) (f) 2.
AB926,2,17
16(3) The secretary of administration shall credit the surcharge to the
17appropriation account under s. 20.455 (5) (hf).
AB926,2,22
18(4) If an inmate in a state prison or a person sentenced to a state prison has
19not paid the sexual exploitation surcharge under this section, the department shall
20assess and collect the amount owed from the inmate's wages or other moneys. Any
21amount collected under this subsection shall be transmitted to the secretary of
22administration.
AB926,5
23Section
5. 973.05 (2m) (fr) of the statutes is created to read:
AB926,2,2524
973.05
(2m) (fr) To payment of the sexual exploitation surcharge until paid in
25full.
AB926,3,123
973.05
(3) (a) In lieu of part or all of a fine imposed by a court, the court may
4stay the execution of part or all of the sentence and provide that the defendant
5perform community service work under pars. (b) and (c). Any applicable driver
6improvement surcharge under s. 346.655,
any sexual exploitation surcharge under
7s. 973.044, any safe ride program surcharge under s. 346.657, or any domestic abuse
8surcharge under s. 973.055 shall be imposed under ch. 814 regardless of whether
9part or all of the sentence has been stayed. If the defendant fails to comply with the
10community service order, the court shall order the defendant brought before the
11court for imposition of sentence. If the defendant complies with the community
12service order, he or she has satisfied that portion of the sentence.
