Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB794 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 794
5	5	December 8, 2023 - Introduced by Representatives BINSFELD, STUBBS, BODDEN,
6	6	BEHNKE, DITTRICH, DONOVAN, DUCHOW, GUNDRUM, HURD, MELOTIK, MURPHY,
7	7	MURSAU, O'CONNOR, SINICKI and STEFFEN, cosponsored by Senators TOMCZYK
8	8	and JAMES. Referred to Committee on Children and Families.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to create 948.47 of the statutes; relating to: harboring or transporting
11	11	a child runaway without the consent of the child's parent or guardian and
12	12	providing a penalty.
13	13	Analysis by the Legislative Reference Bureau
14	14	Under current law, a licensed foster home, group home, or shelter may provide
15	15	housing or services to a child runaway if both the child and his or her parent or
16	16	guardian consent to the provision of housing or services. Under current law, if the
17	17	parent or guardian does not consent to housing or services, the foster home, group
18	18	home, or shelter must notify the agency responsible for providing child welfare
19	19	services of the child's presence in the home or shelter within 12 hours of the child's
20	20	arrival at the home or shelter. After such notification, a hearing is held to determine
21	21	whether the child must be returned to the parent or guardian or permitted to stay
22	22	at the foster home, group home, or shelter for up to 20 days. A child runaway may
23	23	not remain at a foster home, group home, or shelter for longer than 20 days unless
24	24	the state files a petition alleging that the child is in need of protection or services.
25	25	Current law does not provide for a person who is not licensed as a foster parent or
26	26	as a group home or shelter service provider to house a child runaway.
27	27	This bill imposes a criminal penalty on any person who receives a child
28	28	runaway into his or her living quarters if 1) the person knows or reasonably should
29	29	know that the child is a child runaway when the child arrives in the living quarters
30	30	and the person fails to notify the police or child welfare agency of the child's presence
31	31	or whereabouts immediately after the child arrives; or 2) the person discovers or
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36	36	ASSEMBLY BILL 794
37	37	reasonably should have discovered that the child is a child runaway after the child
38	38	has arrived in the living quarters and the person fails to notify the police or child
39	39	welfare agency of the child's presence or whereabouts immediately after the person
40	40	makes the discovery or reasonably should have made the discovery. The bill also
41	41	imposes a criminal penalty on any person who knowingly transports a child runaway
42	42	with intent to avoid apprehension. The bill defines a “child runaway" as a child who
43	43	is absent from the home of his or her parent or guardian without the consent of the
44	44	parent or guardian and who does not intend to return to that home.
45	45	The bill makes harboring or transporting a child runaway a Class A
46	46	misdemeanor for a first offense, a Class I felony for a second offense, or a Class H
47	47	felony for a third or subsequent offense. A Class A misdemeanor is punishable by
48	48	imprisonment for up to nine months or a fine of up to $10,000, or both. A Class I
49	49	felony is punishable by imprisonment for up to three years and six months or a fine
50	50	of up to $10,000, or both. And a Class H felony is punishable by imprisonment for
51	51	up to six years or a fine of up to $10,000, or both. Under the bill, the criminal
52	52	prohibition on harboring or transporting a child runaway does not apply to a licensed
53	53	foster home, group home, or shelter that provides housing or services to a child
54	54	runaway.
55	55	Because this bill creates a new crime or revises a penalty for an existing crime,
56	56	the Joint Review Committee on Criminal Penalties may be requested to prepare a
57	57	report.
58	58	The people of the state of Wisconsin, represented in senate and assembly, do
59	59	enact as follows:
60	60	SECTION 1. 948.47 of the statutes is created to read:
61	61	948.47 Harboring or transporting a runaway child. (1) In this section:
62	62	(a) “Appropriate county department" means a county department under s.
63	63	46.22 or 46.23 or, in a county having a population of 750,000 or more, the department
64	64	of children and families.
65	65	(b) “Child runaway" means a child who is absent from the home of his or her
66	66	parent or guardian without the consent of the parent or guardian and who does not
67	67	intend to return to that home.
68	68	(2) Whoever receives a child runaway into his or her living quarters is guilty
69	69	of a Class A misdemeanor for a first offense, a Class I felony for a 2nd offense, or a
70	70	Class H felony for a 3rd or subsequent offense, if any of the following applies:
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84	84	SECTION 1
85	85	ASSEMBLY BILL 794
86	86	(a) If the person knows or reasonably should know that the child is a child
87	87	runaway when the child arrives in the living quarters, the person fails to notify the
88	88	police or the appropriate county department of the child's presence immediately after
89	89	the child arrives.
90	90	(b) If the person discovers or reasonably should have discovered that the child
91	91	is a child runaway after the child has arrived in the living quarters, the person fails
92	92	to notify the police or the appropriate county department of the child's presence
93	93	immediately after the person makes the discovery or reasonably should have made
94	94	the discovery.
95	95	(3) Whoever knowingly transports a child runaway with the intent to avoid
96	96	apprehension is guilty of a Class A misdemeanor for a first offense, a Class I felony
97	97	for a 2nd offense, or a Class H felony for a 3rd or subsequent offense.
98	98	(4) This section does not apply to a person who operates a home that provides
99	99	housing and services to a child runaway under s. 48.227.
100	100	(END)
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