2023 - 2024 LEGISLATURE
February 14, 2023 - Introduced by Senators James, L. Johnson, Agard, Ballweg,
Cowles, Felzkowski, Hesselbein, Larson, Roys, Smith, Spreitzer, Taylor
and Wirch, cosponsored by Representatives Kitchens, Billings, J. Anderson,
Andraca, Baldeh, Clancy, Conley, Considine, Drake, Emerson, Goyke,
Green, Gundrum, Gustafson, Haywood, Joers, Madison, Myers, Ohnstad,
Ortiz-Velez, Palmeri, Riemer, Rodriguez, Rozar, Schraa, Shankland,
Sinicki, Snyder, Subeck, Vining and Wittke. Referred to Committee on
Judiciary and Public Safety.
SB55,1,4 1An Act to amend 51.20 (13) (cr), 165.76 (1) (am), 938.34 (15) (a) 1., 944.30 (1m)
2(intro.), 944.30 (2m) and 973.015 (2m) (intro.) of the statutes; relating to:
3prosecuting or adjudicating delinquent a person under the age of 18 for
4committing an act of prostitution.
Analysis by the Legislative Reference Bureau
Under current law, a person who is under the age of 18 may be prosecuted or
adjudicated delinquent for committing an act of prostitution, a Class A
misdemeanor. Under this bill, a person who is under the age of 18 may not be
prosecuted or adjudicated delinquent for committing an act of prostitution. This bill
also eliminates the option under current law in cases where a person under the age
of 18 has committed an act of prostitution for a court to enter a consent decree under
the Juvenile Justice Code, or a deferred prosecution agreement under the Juvenile
Justice Code or adult criminal statutes, if the court determines that a consent decree
or deferred prosecution agreement will serve the best interests of the person being
prosecuted and will not harm society.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB55,1 5Section 1. 51.20 (13) (cr) of the statutes is amended to read:
SB55,2,8
151.20 (13) (cr) If the subject individual is before the court on a petition filed
2under a court order under s. 938.30 (5) (c) 1. and is found to have committed a
3violation that would be a felony if committed by an adult in this state or a violation
4of s. 940.225 (3m), 941.20 (1), 944.20, 944.30 (1m), 944.31 (1), 944.33, 946.52, or
5948.10 (1) (b) or s. 944.30 (1m), 2021 stats., the court shall require the individual to
6provide a biological specimen to the state crime laboratories for deoxyribonucleic
7acid analysis. The court shall inform the individual that he or she may request
8expungement under s. 165.77 (4).
SB55,2 9Section 2. 165.76 (1) (am) of the statutes is amended to read:
SB55,2,1410 165.76 (1) (am) Is or was adjudicated delinquent for an act that if committed
11by an adult in this state would be a felony or for a violation of s. 940.225 (3m), 941.20
12(1), 944.20, 944.30 (1m), 944.31 (1), 944.33, 946.52, or 948.10 (1) (b) or is or was
13adjudicated delinquent for a violation of s. 944.30 (1m), 2021 stats., before the
14effective date of this paragraph [LRB inserts date]
.
SB55,3 15Section 3. 938.34 (15) (a) 1. of the statutes is amended to read:
SB55,2,2216 938.34 (15) (a) 1. If the juvenile is adjudicated delinquent on the basis of a
17violation that would be a felony if committed by an adult in this state or of a violation
18of s. 940.225 (3m), 941.20 (1), 944.20, 944.30 (1m), 944.31 (1), 944.33, 946.52, or
19948.10 (1) (b), the court shall require the juvenile to comply with the requirement
20under s. 165.76 (1) (am) by providing a biological specimen to the state crime
21laboratories for deoxyribonucleic acid analysis. The court shall inform the juvenile
22that he or she may request expungement under s. 165.77 (4).
SB55,4 23Section 4. 944.30 (1m) (intro.) of the statutes is amended to read:
SB55,2,2524 944.30 (1m) (intro.) Any Except as provided in sub. (2m), any person who
25intentionally does any of the following is guilty of a Class A misdemeanor:
SB55,5
1Section 5. 944.30 (2m) of the statutes is amended to read:
SB55,3,72 944.30 (2m) If the person A person may not be prosecuted under sub. (1m) this
3section if he or she
has not attained the age of 18 years and if the court determines
4that the best interests of the person are served and society will not be harmed, the
5court may enter a consent decree under s. 938.32 or a deferred prosecution
6agreement in accordance with s. 938.245, 971.39, or 971.40
at the time he or she
7commits an offense under sub. (1m)
.
SB55,6 8Section 6. 973.015 (2m) (intro.) of the statutes is amended to read:
SB55,3,149 973.015 (2m) (intro.) At any time after a person has been convicted,
10adjudicated delinquent,
or found not guilty by reason of mental disease or defect for
11a violation of s. 944.30 or adjudicated delinquent for a violation of s. 944.30 (1m),
122021 stats.
, a court may, upon the motion of the person, vacate the conviction,
13adjudication, or finding, or may order that the record of the violation of s. 944.30 be
14expunged, if all of the following apply:
SB55,7 15Section 7. Initial applicability.
SB55,3,1716 (1) This act first applies to a violation committed on the effective date of this
17subsection.
SB55,3,1818 (End)
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