| 1 | 1 | | LRB-2945/1 |
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| 2 | 2 | | CMH:cdc |
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| 3 | 3 | | 2023 - 2024 LEGISLATURE |
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| 4 | 4 | | 2023 ASSEMBLY BILL 301 |
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| 5 | 5 | | May 25, 2023 - Introduced by Representatives GUNDRUM, BILLINGS, ANDRACA, |
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| 6 | 6 | | BINSFELD, CONLEY, DITTRICH, EDMING, JOERS, MAXEY, OHNSTAD, PALMERI, |
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| 7 | 7 | | RETTINGER, ROZAR, SINICKI, STUBBS and SUBECK, cosponsored by Senators |
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| 8 | 8 | | JAMES, AGARD, TAYLOR, FEYEN, HUTTON, ROYS, SMITH and SPREITZER. Referred |
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| 9 | 9 | | to Committee on Criminal Justice and Public Safety. |
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| 10 | 10 | | ***AUTHORS SUBJECT TO CHANGE*** |
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| 11 | 11 | | AN ACT to renumber and amend 893.587; to amend 893.587 (title); and to |
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| 12 | 12 | | create 893.587 (1) of the statutes; relating to: the statute of limitations for |
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| 13 | 13 | | sexual contact with a child. |
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| 14 | 14 | | Analysis by the Legislative Reference Bureau |
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| 15 | 15 | | Under current law, a person may bring a civil action for injury resulting from |
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| 16 | 16 | | being sexually assaulted or subject to incest as a child, or from being subject to sexual |
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| 17 | 17 | | contact by a member of the clergy as a child, at any time before the injured party |
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| 18 | 18 | | reaches the age of 35. |
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| 19 | 19 | | This bill increases the time limit for bringing those actions to any time before |
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| 20 | 20 | | the injured party reaches the age of 45. In addition, the bill applies this time period |
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| 21 | 21 | | to a broader range of actions. Under the bill, the new time limit applies to any action |
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| 22 | 22 | | for injury resulting from being subject, as a child, to any sexual contact by an adult |
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| 23 | 23 | | or by an adult member of the clergy. |
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| 24 | 24 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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| 25 | 25 | | enact as follows: |
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| 26 | 26 | | SECTION 1. 893.587 (title) of the statutes is amended to read: |
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| 27 | 27 | | 893.587 (title) Sexual assault of contact with a child; limitation. |
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| 32 | 32 | | 5 - 2 -2023 - 2024 Legislature LRB-2945/1 |
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| 33 | 33 | | CMH:cdc |
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| 34 | 34 | | SECTION 2 ASSEMBLY BILL 301 |
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| 35 | 35 | | SECTION 2. 893.587 of the statutes is renumbered 893.587 (2) and amended to |
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| 36 | 36 | | read: |
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| 37 | 37 | | 893.587 (2) An action to recover damages against any person for injury caused |
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| 38 | 38 | | by an act that would constitute a violation of s. 948.02, 948.025, 948.06, 948.085, or |
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| 39 | 39 | | 948.095 an adult's sexual contact with anyone under the age of 18 or by an act |
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| 40 | 40 | | committed by an adult that would create a cause of action under s. 895.442 shall be |
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| 41 | 41 | | commenced before the injured party reaches the age of 35 45 years or be barred. |
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| 42 | 42 | | SECTION 3. 893.587 (1) of the statutes is created to read: |
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| 43 | 43 | | 893.587 (1) In this section: |
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| 44 | 44 | | (a) “Person" means an individual, corporation, business trust, estate, trust, |
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| 45 | 45 | | partnership, limited liability company, association, joint venture, or government; |
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| 46 | 46 | | governmental subdivision, agency, or instrumentality; public corporation; or any |
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| 47 | 47 | | other legal or commercial entity. |
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| 48 | 48 | | (b) “Sexual contact" has the meaning given in s. 940.225 (5) (b). |
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| 49 | 49 | | (END) |
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