LRB-0726/1
MJW:cjs
2023 - 2024 LEGISLATURE
March 24, 2023 - Introduced by Representatives Dittrich, Subeck, Penterman,
Krug, Gundrum, Bodden, Rozar, Emerson, Rodriguez, Schutt, Kitchens,
Sinicki, Andraca, Brooks, Green, Joers, Brandtjen, Ortiz-Velez, Conley,
Gustafson, Jacobson, Allen, J. Anderson, Clancy, C. Anderson, Ohnstad,
Madison, Considine, S. Johnson, Baldeh, Shankland, Mursau and Stubbs,
cosponsored by Senators Ballweg, Agard, Roys, Hesselbein, Spreitzer,
Stroebel, Larson, Wirch and Marklein. Referred to Committee on Criminal
Justice and Public Safety.
AB129,1,2
1An Act to amend 940.225 (2) (j) and 940.225 (5) (abm) of the statutes;
relating
2to: sexual assault by a health care provider and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, it is a Class C felony for a person who is a licensee, employee,
or nonclient resident of an entity that provides various welfare, foster, adoption, and
health services, including a hospital, to have sexual contact or sexual intercourse
with a client of the entity. Under some but not all circumstances, this prohibition
applies to various health care providers and their clients. Under this bill, it is also
a Class C felony for a health care provider to have sexual contact or sexual
intercourse with a client.
Under current law, with some exceptions, a person is required to register as a
sex offender for certain crimes that are sexually motivated. Under the bill, the new
offense of sexual contact or sexual intercourse by a health care provider is subject to
this provision.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB129,1
3Section
1. 940.225 (2) (j) of the statutes is amended to read:
AB129,2,4
1940.225
(2) (j) Is a licensee, employee, or nonclient resident of an entity, as
2defined in s. 48.685 (1) (b) or 50.065 (1) (c), and has sexual contact or sexual
3intercourse with a client of the entity
, or is a health care provider under s. 146.81 (1)
4(a) to (hp) and has sexual contact or sexual intercourse with a client.
AB129,2
5Section
2. 940.225 (5) (abm) of the statutes is amended to read:
AB129,2,76
940.225
(5) (abm) “Client" means an individual who receives direct care or
7treatment services from
a health care provider or an entity.
