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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 341
June 30, 2023 - Introduced by Representatives SPIROS, MCGUIRE, OHNSTAD, ALLEN,
C. ANDERSON, ANDRACA, BEHNKE, BILLINGS, BINSFELD, BRANDTJEN, DRAKE,
GOEBEN, GUNDRUM, GUSTAFSON, HURD, MAXEY, MURPHY, MURSAU, NEDWESKI,
O'CONNOR, ORTIZ-VELEZ, ROZAR, SCHRAA, SINICKI, STEFFEN, STUBBS and
SUBECK, cosponsored by Senators JAMES, AGARD, BALLWEG, FELZKOWSKI,
HESSELBEIN, SPREITZER, STROEBEL, TOMCZYK and WANGGAARD. Referred to
Committee on Education.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to renumber and amend 115.31 (2g); to amend 115.31 (2r) (a); and to
create 48.981 (3d), 115.31 (2g) (c), 115.31 (2r) (c) and 948.098 of the statutes;
relating to: sexual misconduct against a pupil by a school staff member or
volunteer and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill makes it a Class I felony for a person who works or volunteers at an
elementary school, secondary school, or tribal school to commit sexual misconduct
against a pupil who is enrolled at that school. Under the bill, a school staff member
or volunteer is guilty of sexual misconduct if the school staff member or volunteer
knowingly engaged in sexual misconduct that substantially interfered with a pupil's
academic performance or created an intimidating, hostile, or offensive school
environment. Under the bill, if a law enforcement officer or a county department of
social or human services, the Department of Children and Families in a county of
750,000 or more, or a child welfare agency under contract with DCF receives a report
of alleged sexual misconduct against a pupil, the law enforcement officer, county
department, DCF, or child welfare agency must notify the Department of Public
Instruction of the violation, including the name of the person alleged and the school
district or school at which that person works or volunteers.
Under current law, there are certain offenses for which if a person who is
licensed by DPI is convicted will result in an automatic revocation of that person's
license. Under current law, a person's license may be reinstated after six years for
certain offenses if the person shows, by clear and convincing evidence, that he or she
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is entitled to reinstatement. This bill adds certain crimes to the automatic revocation
provision and adds a lifetime bar on reinstatement for certain crimes. Under current
law, a person's license is automatically revoked if he or she is convicted of a Class H
felony or higher that is a crime against life or bodily security or a crime against a
child. This bill adds that a person's license is automatically revoked if he or she is
convicted of certain crimes against children that are Class I felonies, including
sexual misconduct, certain crimes against privacy, and theft of property from a
school. Under the bill, a person's license may not be reinstated if the person is
convicted of a crime against a child that is a Class H felony or higher, sexual
misconduct against a pupil, and certain crimes against privacy.
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:
SECTION 1. 48.981 (3d) of the statutes is created to read:
48.981 (3d) NOTIFICATION OF A REPORT. An agency that receives a report under
sub. (3) of conduct that constitutes a violation of s. 948.098 shall notify the
department of public instruction of the alleged violation including the name of the
person alleged and the name of the school district or school at which the person works
or volunteers.
SECTION 2. 115.31 (2g) of the statutes is renumbered 115.31 (2g) (intro.) and
amended to read:
115.31 (2g) (intro.) Notwithstanding subch. II of ch. 111, the state
superintendent shall revoke a license granted by the state superintendent, without
a hearing, if the licensee is convicted of any of the following:
(a) A Class A, B, C, or D felony under ch. 940 or 948, except ss. 940.08 and
940.205, for a violation that occurs on or after September 12, 1991, or any.
(b) A Class E, F, G, or H felony under ch. 940 or 948, except ss. 940.08 and
940.205, for a violation that occurs on or after February 1, 2003.
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SECTION 3
ASSEMBLY BILL 341
SECTION 3. 115.31 (2g) (c) of the statutes is created to read:
115.31 (2g) (c) Any of the following, if the violation occurs on or after the
effective date of this paragraph .... [LRB inserts date]:
1. A violation of s. 942.08, 942.09 (2), 948.098, 948.10, or 948.11 (2) (a).
2. A felony violation of s. 943.20 if the property belonged to the school district.
3. A violation of federal law or the law of any other state or jurisdiction that
would be a violation of subd. 1. or 2. or par. (a) or (b) if committed in this state.
SECTION 4. 115.31 (2r) (a) of the statutes is amended to read:
115.31 (2r) (a) Except as provided under par. pars. (b) and (c), the state
superintendent may not reinstate a license revoked under sub. (2g) for 6 years
following the date of the conviction, and may reinstate a license revoked under sub.
(2g) only if the licensee establishes by clear and convincing evidence that he or she
is entitled to reinstatement.
SECTION 5. 115.31 (2r) (c) of the statutes is created to read:
115.31 (2r) (c) The state superintendent may not reinstate a license revoked
under sub. (2g) if the license was revoked for any of the following:
1. A felony conviction for a violation of ch. 948 described in sub. (2g) (a) or (b).
2. A felony conviction for a violation of s. 942.08 or 948.098.
3. A conviction for a violation of s. 942.09 if the person depicted in the
representation is a child.
4. A conviction for the violation of federal law or the law of any other state or
jurisdiction that would be a violation of subd. 1., 2., or 3. if committed in this state.
SECTION 6. 948.098 of the statutes is created to read:
948.098 Sexual misconduct by a school staff person or volunteer. (1)
In this section:
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SECTION 6 ASSEMBLY BILL 341
(a) “Physical contact of a sexual nature” means any of the following types of
intentional touching, whether direct or through clothing, if that intentional touching
is for the purpose of either sexually degrading or sexually humiliating the pupil or
sexually arousing or sexually gratifying the actor:
1. Intentional touching by the actor or, upon the actor's instruction, by another
person, by the use of any body part or object.
2. Intentional touching by the pupil, by the use of any body part or object, of
the actor or, if done upon the actor's instructions, another person.
(b) “School" means a public or private elementary or secondary school, or a
tribal school, as defined in s. 115.001 (15m).
(c) “School staff member" means any person who provides services to a school
or a school board, including an employee of a school or a school board and a person
who provides services to a school or a school board under a contract. “School staff
member” includes a bus driver.
(d) “Sexual misconduct” means sexual advances, requests for sexual favors, or
physical contact of a sexual nature. “Sexual misconduct” includes conduct directed
by a person at another person of the same or opposite gender.
(e) “Volunteer” means a person, other than a school staff member, who provides
services to a school without compensation.
(2) Any school staff member or volunteer who commits an act of sexual
misconduct against a pupil enrolled in the school is guilty of a Class I felony if all of
the following apply:
(a) The staff member or volunteer knew or should have known that his or her
conduct was sufficiently severe to substantially interfere with a pupil's academic
performance or create an intimidating, hostile, or offensive school environment.
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(b) The conduct in fact substantially interfered with a pupil's academic
performance or caused the pupil to experience an intimidating, hostile, or offensive
school environment.
(3) A law enforcement officer who receives a report of an alleged violation of
sub. (2) shall notify the department of public instruction of the alleged violation
including the name of the person alleged and the name of the school district or school
at which the person works or volunteers.
(END)
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