Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB735 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 735
5	5	December 6, 2023 - Introduced by Representatives HONG, C. ANDERSON, J.
6	6	ANDERSON, CLANCY, CONLEY, CONSIDINE, DRAKE, EMERSON, JACOBSON, JOERS,
7	7	MADISON, OHNSTAD, PALMERI, RATCLIFF, SHELTON, SINICKI and STUBBS,
8	8	cosponsored by Senators AGARD, HESSELBEIN, L. JOHNSON, PFAFF, SMITH,
9	9	TAYLOR and WIRCH. Referred to Committee on Judiciary.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to amend 814.04 (intro.); and to create 893.583 and 895.437 of the
12	12	statutes; relating to: creating a civil cause of action for acts of violence related
13	13	to sex, gender, or sexuality.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill creates a civil cause of action for a person who has been subjected to
16	16	sex discrimination, which the bill defines as 1) one or more acts of violence or physical
17	17	aggression committed, at least in part, on the basis of sex, gender, or sexuality; 2) a
18	18	physical intrusion or physical invasion of a sexual nature committed under coercive
19	19	conditions; or 3) a threat of either of these types of acts.
20	20	Under the bill, a person must commence a civil action against the actor within
21	21	seven years after the sex discrimination act occurs or, if the person bringing the
22	22	action is under the age of 18 at the time the sex discrimination act occurs, within
23	23	seven years after that person's 18th birthday. A person who brings a civil action for
24	24	sex discrimination and prevails may recover damages, such as damages for
25	25	emotional distress, punitive damages, and costs, including reasonable attorney fees
26	26	and other costs of the investigation and litigation that were reasonably incurred.
27	27	The people of the state of Wisconsin, represented in senate and assembly, do
28	28	enact as follows:
29	29	SECTION 1. 814.04 (intro.) of the statutes is amended to read:
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35	35	SECTION 1 ASSEMBLY BILL 735
36	36	814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.195 (5m)
37	37	(b), 100.30 (5m), 106.50 (6) (i) and (6m) (a), 115.80 (9), 767.553 (4) (d), 769.313,
38	38	802.05, 814.245, 895.035 (4), 895.044, 895.437 (4), 895.443 (3), 895.444 (2), 895.445
39	39	(3), 895.446 (3), 895.506, 943.212 (2) (b), 943.245 (2) (d), 943.51 (2) (b), and 995.10 (3),
40	40	when allowed costs shall be as follows:
41	41	SECTION 2. 893.583 of the statutes is created to read:
42	42	893.583 Gender violence. Notwithstanding ss. 893.16, 893.54, and 893.57,
43	43	an action under s. 895.437 shall be commenced within 7 years after the cause of
44	44	action accrues or, if the victim is under the age of 18 at the time the cause of action
45	45	accrues, within 7 years of the victim's 18th birthday, or be barred.
46	46	SECTION 3. 895.437 of the statutes is created to read:
47	47	895.437 Gender violence; action for. (1) This section may be cited as the
48	48	“Gender Violence Act.”
49	49	(2) In this section:
50	50	(a) “Sex discrimination" means any of the following:
51	51	1. One or more acts of violence or physical aggression committed, at least in
52	52	part, on the basis of sex, gender, or sexuality.
53	53	2. A physical intrusion or physical invasion of a sexual nature committed under
54	54	coercive conditions.
55	55	3. A threat of an act described under subd. 1. or 2.
56	56	(b) “Sex, gender, or sexuality” includes:
57	57	1. Actual, perceived, or attributed sexual orientation.
58	58	2. Actual, perceived, or attributed gender identity.
59	59	3. Actual, perceived, or attributed sex or gender role conformity or
60	60	nonconformity.
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88	88	SECTION 3
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90	90	(3) Any person who has been subjected to sex discrimination may bring a civil
91	91	action for damages, an injunction, or other appropriate relief against any person
92	92	responsible for that discrimination.
93	93	(4) If the plaintiff prevails in a civil action under sub. (3), the court may award
94	94	special and general damages, including damages for emotional distress; punitive
95	95	damages; and costs, including all reasonable attorney fees and other costs of the
96	96	investigation and litigation that were reasonably incurred.
97	97	(5) A person may bring a civil action under sub. (3) regardless of whether there
98	98	has been a criminal action related to that sexual discrimination and regardless of the
99	99	outcome of any such criminal action.
100	100	(6) This section does not limit the right of a person to recover from any parent
101	101	or parents under s. 895.035.
102	102	SECTION 4.0Initial applicability.
103	103	(1) This act first applies to a cause of action accruing on the effective date of this
104	104	subsection.
105	105	(END)
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