Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB341 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 341
5	5	June 30, 2023 - Introduced by Representatives SPIROS, MCGUIRE, OHNSTAD, ALLEN,
6	6	C. ANDERSON, ANDRACA, BEHNKE, BILLINGS, BINSFELD, BRANDTJEN, DRAKE,
7	7	GOEBEN, GUNDRUM, GUSTAFSON, HURD, MAXEY, MURPHY, MURSAU, NEDWESKI,
8	8	O'CONNOR, ORTIZ-VELEZ, ROZAR, SCHRAA, SINICKI, STEFFEN, STUBBS and
9	9	SUBECK, cosponsored by Senators JAMES, AGARD, BALLWEG, FELZKOWSKI,
10	10	HESSELBEIN, SPREITZER, STROEBEL, TOMCZYK and WANGGAARD. Referred to
11	11	Committee on Education.
12	12	*AUTHORS SUBJECT TO CHANGE*
13	13	AN ACT to renumber and amend 115.31 (2g); to amend 115.31 (2r) (a); and to
14	14	create 48.981 (3d), 115.31 (2g) (c), 115.31 (2r) (c) and 948.098 of the statutes;
15	15	relating to: sexual misconduct against a pupil by a school staff member or
16	16	volunteer and providing a penalty.
17	17	Analysis by the Legislative Reference Bureau
18	18	This bill makes it a Class I felony for a person who works or volunteers at an
19	19	elementary school, secondary school, or tribal school to commit sexual misconduct
20	20	against a pupil who is enrolled at that school. Under the bill, a school staff member
21	21	or volunteer is guilty of sexual misconduct if the school staff member or volunteer
22	22	knowingly engaged in sexual misconduct that substantially interfered with a pupil's
23	23	academic performance or created an intimidating, hostile, or offensive school
24	24	environment. Under the bill, if a law enforcement officer or a county department of
25	25	social or human services, the Department of Children and Families in a county of
26	26	750,000 or more, or a child welfare agency under contract with DCF receives a report
27	27	of alleged sexual misconduct against a pupil, the law enforcement officer, county
28	28	department, DCF, or child welfare agency must notify the Department of Public
29	29	Instruction of the violation, including the name of the person alleged and the school
30	30	district or school at which that person works or volunteers.
31	31	Under current law, there are certain offenses for which if a person who is
32	32	licensed by DPI is convicted will result in an automatic revocation of that person's
33	33	license. Under current law, a person's license may be reinstated after six years for
34	34	certain offenses if the person shows, by clear and convincing evidence, that he or she
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41	41	is entitled to reinstatement. This bill adds certain crimes to the automatic revocation
42	42	provision and adds a lifetime bar on reinstatement for certain crimes. Under current
43	43	law, a person's license is automatically revoked if he or she is convicted of a Class H
44	44	felony or higher that is a crime against life or bodily security or a crime against a
45	45	child. This bill adds that a person's license is automatically revoked if he or she is
46	46	convicted of certain crimes against children that are Class I felonies, including
47	47	sexual misconduct, certain crimes against privacy, and theft of property from a
48	48	school. Under the bill, a person's license may not be reinstated if the person is
49	49	convicted of a crime against a child that is a Class H felony or higher, sexual
50	50	misconduct against a pupil, and certain crimes against privacy.
51	51	Because this bill creates a new crime or revises a penalty for an existing crime,
52	52	the Joint Review Committee on Criminal Penalties may be requested to prepare a
53	53	report.
54	54	The people of the state of Wisconsin, represented in senate and assembly, do
55	55	enact as follows:
56	56	SECTION 1. 48.981 (3d) of the statutes is created to read:
57	57	48.981 (3d) NOTIFICATION OF A REPORT. An agency that receives a report under
58	58	sub. (3) of conduct that constitutes a violation of s. 948.098 shall notify the
59	59	department of public instruction of the alleged violation including the name of the
60	60	person alleged and the name of the school district or school at which the person works
61	61	or volunteers.
62	62	SECTION 2. 115.31 (2g) of the statutes is renumbered 115.31 (2g) (intro.) and
63	63	amended to read:
64	64	115.31 (2g) (intro.) Notwithstanding subch. II of ch. 111, the state
65	65	superintendent shall revoke a license granted by the state superintendent, without
66	66	a hearing, if the licensee is convicted of any of the following:
67	67	(a) A Class A, B, C, or D felony under ch. 940 or 948, except ss. 940.08 and
68	68	940.205, for a violation that occurs on or after September 12, 1991, or any.
69	69	(b) A Class E, F, G, or H felony under ch. 940 or 948, except ss. 940.08 and
70	70	940.205, for a violation that occurs on or after February 1, 2003.
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88	88	SECTION 3
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90	90	SECTION 3. 115.31 (2g) (c) of the statutes is created to read:
91	91	115.31 (2g) (c) Any of the following, if the violation occurs on or after the
92	92	effective date of this paragraph .... [LRB inserts date]:
93	93	1. A violation of s. 942.08, 942.09 (2), 948.098, 948.10, or 948.11 (2) (a).
94	94	2. A felony violation of s. 943.20 if the property belonged to the school district.
95	95	3. A violation of federal law or the law of any other state or jurisdiction that
96	96	would be a violation of subd. 1. or 2. or par. (a) or (b) if committed in this state.
97	97	SECTION 4. 115.31 (2r) (a) of the statutes is amended to read:
98	98	115.31 (2r) (a) Except as provided under par. pars. (b) and (c), the state
99	99	superintendent may not reinstate a license revoked under sub. (2g) for 6 years
100	100	following the date of the conviction, and may reinstate a license revoked under sub.
101	101	(2g) only if the licensee establishes by clear and convincing evidence that he or she
102	102	is entitled to reinstatement.
103	103	SECTION 5. 115.31 (2r) (c) of the statutes is created to read:
104	104	115.31 (2r) (c) The state superintendent may not reinstate a license revoked
105	105	under sub. (2g) if the license was revoked for any of the following:
106	106	1. A felony conviction for a violation of ch. 948 described in sub. (2g) (a) or (b).
107	107	2. A felony conviction for a violation of s. 942.08 or 948.098.
108	108	3. A conviction for a violation of s. 942.09 if the person depicted in the
109	109	representation is a child.
110	110	4. A conviction for the violation of federal law or the law of any other state or
111	111	jurisdiction that would be a violation of subd. 1., 2., or 3. if committed in this state.
112	112	SECTION 6. 948.098 of the statutes is created to read:
113	113	948.098 Sexual misconduct by a school staff person or volunteer. (1)
114	114	In this section:
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141	141	SECTION 6 ASSEMBLY BILL 341
142	142	(a) “Physical contact of a sexual nature” means any of the following types of
143	143	intentional touching, whether direct or through clothing, if that intentional touching
144	144	is for the purpose of either sexually degrading or sexually humiliating the pupil or
145	145	sexually arousing or sexually gratifying the actor:
146	146	1. Intentional touching by the actor or, upon the actor's instruction, by another
147	147	person, by the use of any body part or object.
148	148	2. Intentional touching by the pupil, by the use of any body part or object, of
149	149	the actor or, if done upon the actor's instructions, another person.
150	150	(b) “School" means a public or private elementary or secondary school, or a
151	151	tribal school, as defined in s. 115.001 (15m).
152	152	(c) “School staff member" means any person who provides services to a school
153	153	or a school board, including an employee of a school or a school board and a person
154	154	who provides services to a school or a school board under a contract. “School staff
155	155	member” includes a bus driver.
156	156	(d) “Sexual misconduct” means sexual advances, requests for sexual favors, or
157	157	physical contact of a sexual nature. “Sexual misconduct” includes conduct directed
158	158	by a person at another person of the same or opposite gender.
159	159	(e) “Volunteer” means a person, other than a school staff member, who provides
160	160	services to a school without compensation.
161	161	(2) Any school staff member or volunteer who commits an act of sexual
162	162	misconduct against a pupil enrolled in the school is guilty of a Class I felony if all of
163	163	the following apply:
164	164	(a) The staff member or volunteer knew or should have known that his or her
165	165	conduct was sufficiently severe to substantially interfere with a pupil's academic
166	166	performance or create an intimidating, hostile, or offensive school environment.
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194	194	SECTION 6
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196	196	(b) The conduct in fact substantially interfered with a pupil's academic
197	197	performance or caused the pupil to experience an intimidating, hostile, or offensive
198	198	school environment.
199	199	(3) A law enforcement officer who receives a report of an alleged violation of
200	200	sub. (2) shall notify the department of public instruction of the alleged violation
201	201	including the name of the person alleged and the name of the school district or school
202	202	at which the person works or volunteers.
203	203	(END)
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