Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB447 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 447
5	5	September 28, 2023 - Introduced by Representatives BODDEN, BEHNKE, BINSFELD,
6	6	BRANDTJEN, BROOKS, CALLAHAN, DITTRICH, DONOVAN, GOEBEN, MAXEY,
7	7	MICHALSKI, O'CONNOR, RETTINGER, SAPIK, SPIROS, TUSLER, WICHGERS and
8	8	SCHUTT, cosponsored by Senators JAMES, JACQUE, MARKLEIN, QUINN, STROEBEL,
9	9	WANGGAARD and NASS. Referred to Committee on Corrections.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to renumber 302.375 (3) (a); to renumber and amend 302.375 (3) (b);
12	12	and to create 51.22 (6), 302.375 (3) (ag), 302.375 (3) (bm), 938.505 (3), 968.255
13	13	(1) (au) and 973.09 (4) (d) of the statutes; relating to: definition of “sex” for the
14	14	purpose of placing prisoners and conducting strip searches.
15	15	Analysis by the Legislative Reference Bureau
16	16	Current law prohibits placing or keeping together prisoners of different sexes
17	17	within a prison, jail, or county house of correction. A person who violates the
18	18	prohibition must be fined not more than $500 or imprisoned for not more than six
19	19	months, or both.
20	20	Current law regulates strip searches that are performed on persons who are
21	21	being detained following an arrest for certain crimes or under certain circumstances.
22	22	One restriction on such strip searches is that the person conducting the search must
23	23	be of the same sex as the detainee.
24	24	This bill defines “sex” for the above provisions. Under the bill, “sex” means an
25	25	individual's sex at birth, as being male or female, according to distinct reproductive
26	26	roles as manifested by sex and reproductive organ anatomy, chromosomal makeup,
27	27	and endogenous hormone profiles.
28	28	The current law regulations on strip searches described above do not apply if
29	29	the person is incarcerated following a conviction, placed in a juvenile correctional
30	30	facility or a secured residential care center for children and youth, committed to a
31	31	facility for mental health reasons, or confined as a condition of probation. Under the
32	32	bill, a person conducting a strip search on such a person must be of the same sex
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38	38	ASSEMBLY BILL 447
39	39	unless the strip search is conducted due to exigent circumstances. The bill also
40	40	applies the definition of “sex” created in this bill to this requirement.
41	41	The people of the state of Wisconsin, represented in senate and assembly, do
42	42	enact as follows:
43	43	SECTION 1. 51.22 (6) of the statutes is created to read:
44	44	51.22 (6) (a) In this subsection:
45	45	1. “Sex” has the meaning given in s. 968.255 (1) (au).
46	46	2. “Strip search" means a search in which a patient's genitals, pubic area,
47	47	buttock, or anus, or a female patient's breast, is uncovered and either is exposed to
48	48	view or is touched by a person conducting the search.
49	49	(b) Unless exigent circumstances require an immediate search, no person may
50	50	conduct a strip search on a patient unless the person conducting the strip search is
51	51	of the same sex as the patient.
52	52	SECTION 2. 302.375 (3) (a) of the statutes is renumbered 302.375 (3) (am) 1.
53	53	SECTION 3. 302.375 (3) (ag) of the statutes is created to read:
54	54	302.375 (3) (ag) In this subsection:
55	55	1. “Sex” has the meaning given in s. 968.255 (1) (au).
56	56	2. “Strip search" means a search in which a prisoner's genitals, pubic area,
57	57	buttock, or anus, or a female prisoner's breast, is uncovered and either is exposed to
58	58	view or is touched by a person conducting the search.
59	59	SECTION 4. 302.375 (3) (b) of the statutes is renumbered 302.375 (3) (am) 2. and
60	60	amended to read:
61	61	302.375 (3) (am) 2. Notwithstanding par. (a) subd. 1., the sheriff, jailer or
62	62	keeper may permit prisoners of different sexes to participate together in treatment
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85	85	SECTION 4
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87	87	or in educational, vocational, religious or athletic activities or to eat together, under
88	88	such supervision as the sheriff, jailer or keeper deems necessary.
89	89	SECTION 5. 302.375 (3) (bm) of the statutes is created to read:
90	90	302.375 (3) (bm) Unless exigent circumstances require an immediate search,
91	91	no person may conduct a strip search on a prisoner unless the person conducting the
92	92	strip search is of the same sex as the prisoner.
93	93	SECTION 6. 938.505 (3) of the statutes is created to read:
94	94	938.505 (3) STRIP SEARCHES. (a) In this subsection:
95	95	1. “Sex” has the meaning given in s. 968.255 (1) (au).
96	96	2. “Strip search" means a search in which a juvenile's genitals, pubic area,
97	97	buttock, or anus, or a female juvenile's breast, is uncovered and either is exposed to
98	98	view or is touched by a person conducting the search.
99	99	(b) Unless exigent circumstances require an immediate search, no person may
100	100	conduct a strip search on a juvenile unless the person conducting the strip search is
101	101	of the same sex as the juvenile.
102	102	SECTION 7. 968.255 (1) (au) of the statutes is created to read:
103	103	968.255 (1) (au) “Sex” means a person's sex at birth, as being male or female,
104	104	according to distinct reproductive roles as manifested by sex and reproductive organ
105	105	anatomy, chromosomal makeup, and endogenous hormone profiles.
106	106	SECTION 8. 973.09 (4) (d) of the statutes is created to read:
107	107	973.09 (4) (d) 1. In this paragraph, “strip search" means a search in which a
108	108	probationer's genitals, pubic area, buttock, or anus, or a female probationer's breast,
109	109	is uncovered and either is exposed to view or is touched by a person conducting the
110	110	search.
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136	136	SECTION 8 ASSEMBLY BILL 447
137	137	2. Unless exigent circumstances require an immediate search, no person may
138	138	conduct a strip search on a probationer subject to this subsection unless the person
139	139	conducting the strip search is of the same sex, as defined in s. 968.255 (1) (au), as the
140	140	probationer.
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