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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 48
February 20, 2023 - Introduced by Representatives K ITCHENS, BILLINGS, J.
ANDERSON, ANDRACA, BALDEH, CLANCY, CONLEY, CONSIDINE, DRAKE, EMERSON,
GOYKE, GREEN, GUNDRUM, GUSTAFSON, HAYWOOD, JOERS, MADISON, MYERS,
OHNSTAD, ORTIZ-VELEZ, PALMERI, RIEMER, RODRIGUEZ, ROZAR, SCHRAA,
SHANKLAND, SINICKI, SNYDER, SUBECK, VINING and WITTKE, cosponsored by
Senators JAMES, L. JOHNSON, AGARD, BALLWEG, COWLES, FELZKOWSKI,
HESSELBEIN, LARSON, ROYS, SMITH, SPREITZER, TAYLOR and WIRCH. Referred to
Committee on Criminal Justice and Public Safety.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 51.20 (13) (cr), 165.76 (1) (am), 938.34 (15) (a) 1., 944.30 (1m)
(intro.), 944.30 (2m) and 973.015 (2m) (intro.) of the statutes; relating to:
prosecuting or adjudicating delinquent a person under the age of 18 for
committing an act of prostitution.
Analysis by the Legislative Reference Bureau
Under current law, a person who is under the age of 18 may be prosecuted or
adjudicated delinquent for committing an act of prostitution, a Class A
misdemeanor. Under this bill, a person who is under the age of 18 may not be
prosecuted or adjudicated delinquent for committing an act of prostitution. This bill
also eliminates the option under current law in cases where a person under the age
of 18 has committed an act of prostitution for a court to enter a consent decree under
the Juvenile Justice Code, or a deferred prosecution agreement under the Juvenile
Justice Code or adult criminal statutes, if the court determines that a consent decree
or deferred prosecution agreement will serve the best interests of the person being
prosecuted and will not harm society.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 51.20 (13) (cr) of the statutes is amended to read:
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SECTION 1 ASSEMBLY BILL 48
51.20 (13) (cr) If the subject individual is before the court on a petition filed
under a court order under s. 938.30 (5) (c) 1. and is found to have committed a
violation that would be a felony if committed by an adult in this state or a violation
of s. 940.225 (3m), 941.20 (1), 944.20, 944.30 (1m), 944.31 (1), 944.33, 946.52, or
948.10 (1) (b) or s. 944.30 (1m), 2021 stats., the court shall require the individual to
provide a biological specimen to the state crime laboratories for deoxyribonucleic
acid analysis. The court shall inform the individual that he or she may request
expungement under s. 165.77 (4).
SECTION 2. 165.76 (1) (am) of the statutes is amended to read:
165.76 (1) (am) Is or was adjudicated delinquent for an act that if committed
by an adult in this state would be a felony or for a violation of s. 940.225 (3m), 941.20
(1), 944.20, 944.30 (1m), 944.31 (1), 944.33, 946.52, or 948.10 (1) (b) or is or was
adjudicated delinquent for a violation of s. 944.30 (1m), 2021 stats., before the
effective date of this paragraph [LRB inserts date].
SECTION 3. 938.34 (15) (a) 1. of the statutes is amended to read:
938.34 (15) (a) 1. If the juvenile is adjudicated delinquent on the basis of a
violation that would be a felony if committed by an adult in this state or of a violation
of s. 940.225 (3m), 941.20 (1), 944.20, 944.30 (1m), 944.31 (1), 944.33, 946.52, or
948.10 (1) (b), the court shall require the juvenile to comply with the requirement
under s. 165.76 (1) (am) by providing a biological specimen to the state crime
laboratories for deoxyribonucleic acid analysis. The court shall inform the juvenile
that he or she may request expungement under s. 165.77 (4).
SECTION 4. 944.30 (1m) (intro.) of the statutes is amended to read:
944.30 (1m) (intro.) Any Except as provided in sub. (2m), any person who
intentionally does any of the following is guilty of a Class A misdemeanor:
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SECTION 5
ASSEMBLY BILL 48
SECTION 5. 944.30 (2m) of the statutes is amended to read:
944.30 (2m) If the person A person may not be prosecuted under sub. (1m) this
section if he or she has not attained the age of 18 years and if the court determines
that the best interests of the person are served and society will not be harmed, the
court may enter a consent decree under s. 938.32 or a deferred prosecution
agreement in accordance with s. 938.245, 971.39, or 971.40 at the time he or she
commits an offense under sub. (1m).
SECTION 6. 973.015 (2m) (intro.) of the statutes is amended to read:
973.015 (2m) (intro.) At any time after a person has been convicted,
adjudicated delinquent, or found not guilty by reason of mental disease or defect for
a violation of s. 944.30 or adjudicated delinquent for a violation of s. 944.30 (1m),
2021 stats., a court may, upon the motion of the person, vacate the conviction,
adjudication, or finding, or may order that the record of the violation of s. 944.30 be
expunged, if all of the following apply:
SECTION 7.0Initial applicability.
(1) This act first applies to a violation committed on the effective date of this
subsection.
(END)
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