Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB48 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 48
5	5	February 20, 2023 - Introduced by Representatives K ITCHENS, BILLINGS, J.
6	6	ANDERSON, ANDRACA, BALDEH, CLANCY, CONLEY, CONSIDINE, DRAKE, EMERSON,
7	7	GOYKE, GREEN, GUNDRUM, GUSTAFSON, HAYWOOD, JOERS, MADISON, MYERS,
8	8	OHNSTAD, ORTIZ-VELEZ, PALMERI, RIEMER, RODRIGUEZ, ROZAR, SCHRAA,
9	9	SHANKLAND, SINICKI, SNYDER, SUBECK, VINING and WITTKE, cosponsored by
10	10	Senators JAMES, L. JOHNSON, AGARD, BALLWEG, COWLES, FELZKOWSKI,
11	11	HESSELBEIN, LARSON, ROYS, SMITH, SPREITZER, TAYLOR and WIRCH. Referred to
12	12	Committee on Criminal Justice and Public Safety.
13	13	*AUTHORS SUBJECT TO CHANGE*
14	14	AN ACT to amend 51.20 (13) (cr), 165.76 (1) (am), 938.34 (15) (a) 1., 944.30 (1m)
15	15	(intro.), 944.30 (2m) and 973.015 (2m) (intro.) of the statutes; relating to:
16	16	prosecuting or adjudicating delinquent a person under the age of 18 for
17	17	committing an act of prostitution.
18	18	Analysis by the Legislative Reference Bureau
19	19	Under current law, a person who is under the age of 18 may be prosecuted or
20	20	adjudicated delinquent for committing an act of prostitution, a Class A
21	21	misdemeanor. Under this bill, a person who is under the age of 18 may not be
22	22	prosecuted or adjudicated delinquent for committing an act of prostitution. This bill
23	23	also eliminates the option under current law in cases where a person under the age
24	24	of 18 has committed an act of prostitution for a court to enter a consent decree under
25	25	the Juvenile Justice Code, or a deferred prosecution agreement under the Juvenile
26	26	Justice Code or adult criminal statutes, if the court determines that a consent decree
27	27	or deferred prosecution agreement will serve the best interests of the person being
28	28	prosecuted and will not harm society.
29	29	The people of the state of Wisconsin, represented in senate and assembly, do
30	30	enact as follows:
31	31	SECTION 1. 51.20 (13) (cr) of the statutes is amended to read:
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38	38	SECTION 1 ASSEMBLY BILL 48
39	39	51.20 (13) (cr) If the subject individual is before the court on a petition filed
40	40	under a court order under s. 938.30 (5) (c) 1. and is found to have committed a
41	41	violation that would be a felony if committed by an adult in this state or a violation
42	42	of s. 940.225 (3m), 941.20 (1), 944.20, 944.30 (1m), 944.31 (1), 944.33, 946.52, or
43	43	948.10 (1) (b) or s. 944.30 (1m), 2021 stats., the court shall require the individual to
44	44	provide a biological specimen to the state crime laboratories for deoxyribonucleic
45	45	acid analysis. The court shall inform the individual that he or she may request
46	46	expungement under s. 165.77 (4).
47	47	SECTION 2. 165.76 (1) (am) of the statutes is amended to read:
48	48	165.76 (1) (am) Is or was adjudicated delinquent for an act that if committed
49	49	by an adult in this state would be a felony or for a violation of s. 940.225 (3m), 941.20
50	50	(1), 944.20, 944.30 (1m), 944.31 (1), 944.33, 946.52, or 948.10 (1) (b) or is or was
51	51	adjudicated delinquent for a violation of s. 944.30 (1m), 2021 stats., before the
52	52	effective date of this paragraph [LRB inserts date].
53	53	SECTION 3. 938.34 (15) (a) 1. of the statutes is amended to read:
54	54	938.34 (15) (a) 1. If the juvenile is adjudicated delinquent on the basis of a
55	55	violation that would be a felony if committed by an adult in this state or of a violation
56	56	of s. 940.225 (3m), 941.20 (1), 944.20, 944.30 (1m), 944.31 (1), 944.33, 946.52, or
57	57	948.10 (1) (b), the court shall require the juvenile to comply with the requirement
58	58	under s. 165.76 (1) (am) by providing a biological specimen to the state crime
59	59	laboratories for deoxyribonucleic acid analysis. The court shall inform the juvenile
60	60	that he or she may request expungement under s. 165.77 (4).
61	61	SECTION 4. 944.30 (1m) (intro.) of the statutes is amended to read:
62	62	944.30 (1m) (intro.) Any Except as provided in sub. (2m), any person who
63	63	intentionally does any of the following is guilty of a Class A misdemeanor:
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91	91	SECTION 5
92	92	ASSEMBLY BILL 48
93	93	SECTION 5. 944.30 (2m) of the statutes is amended to read:
94	94	944.30 (2m) If the person A person may not be prosecuted under sub. (1m) this
95	95	section if he or she has not attained the age of 18 years and if the court determines
96	96	that the best interests of the person are served and society will not be harmed, the
97	97	court may enter a consent decree under s. 938.32 or a deferred prosecution
98	98	agreement in accordance with s. 938.245, 971.39, or 971.40 at the time he or she
99	99	commits an offense under sub. (1m).
100	100	SECTION 6. 973.015 (2m) (intro.) of the statutes is amended to read:
101	101	973.015 (2m) (intro.) At any time after a person has been convicted,
102	102	adjudicated delinquent, or found not guilty by reason of mental disease or defect for
103	103	a violation of s. 944.30 or adjudicated delinquent for a violation of s. 944.30 (1m),
104	104	2021 stats., a court may, upon the motion of the person, vacate the conviction,
105	105	adjudication, or finding, or may order that the record of the violation of s. 944.30 be
106	106	expunged, if all of the following apply:
107	107	SECTION 7.0Initial applicability.
108	108	(1) This act first applies to a violation committed on the effective date of this
109	109	subsection.
110	110	(END)
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