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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 794
December 8, 2023 - Introduced by Representatives BINSFELD, STUBBS, BODDEN,
BEHNKE, DITTRICH, DONOVAN, DUCHOW, GUNDRUM, HURD, MELOTIK, MURPHY,
MURSAU, O'CONNOR, SINICKI and STEFFEN, cosponsored by Senators TOMCZYK
and JAMES. Referred to Committee on Children and Families.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 948.47 of the statutes; relating to: harboring or transporting
a child runaway without the consent of the child's parent or guardian and
providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a licensed foster home, group home, or shelter may provide
housing or services to a child runaway if both the child and his or her parent or
guardian consent to the provision of housing or services. Under current law, if the
parent or guardian does not consent to housing or services, the foster home, group
home, or shelter must notify the agency responsible for providing child welfare
services of the child's presence in the home or shelter within 12 hours of the child's
arrival at the home or shelter. After such notification, a hearing is held to determine
whether the child must be returned to the parent or guardian or permitted to stay
at the foster home, group home, or shelter for up to 20 days. A child runaway may
not remain at a foster home, group home, or shelter for longer than 20 days unless
the state files a petition alleging that the child is in need of protection or services.
Current law does not provide for a person who is not licensed as a foster parent or
as a group home or shelter service provider to house a child runaway.
This bill imposes a criminal penalty on any person who receives a child
runaway into his or her living quarters if 1) the person knows or reasonably should
know that the child is a child runaway when the child arrives in the living quarters
and the person fails to notify the police or child welfare agency of the child's presence
or whereabouts immediately after the child arrives; or 2) the person discovers or
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reasonably should have discovered that the child is a child runaway after the child
has arrived in the living quarters and the person fails to notify the police or child
welfare agency of the child's presence or whereabouts immediately after the person
makes the discovery or reasonably should have made the discovery. The bill also
imposes a criminal penalty on any person who knowingly transports a child runaway
with intent to avoid apprehension. The bill defines a “child runaway" as a child who
is absent from the home of his or her parent or guardian without the consent of the
parent or guardian and who does not intend to return to that home.
The bill makes harboring or transporting a child runaway a Class A
misdemeanor for a first offense, a Class I felony for a second offense, or a Class H
felony for a third or subsequent offense. A Class A misdemeanor is punishable by
imprisonment for up to nine months or a fine of up to $10,000, or both. A Class I
felony is punishable by imprisonment for up to three years and six months or a fine
of up to $10,000, or both. And a Class H felony is punishable by imprisonment for
up to six years or a fine of up to $10,000, or both. Under the bill, the criminal
prohibition on harboring or transporting a child runaway does not apply to a licensed
foster home, group home, or shelter that provides housing or services to a child
runaway.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 948.47 of the statutes is created to read:
948.47 Harboring or transporting a runaway child. (1) In this section:
(a) “Appropriate county department" means a county department under s.
46.22 or 46.23 or, in a county having a population of 750,000 or more, the department
of children and families.
(b) “Child runaway" means a child who is absent from the home of his or her
parent or guardian without the consent of the parent or guardian and who does not
intend to return to that home.
(2) Whoever receives a child runaway into his or her living quarters is guilty
of a Class A misdemeanor for a first offense, a Class I felony for a 2nd offense, or a
Class H felony for a 3rd or subsequent offense, if any of the following applies:
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SECTION 1
ASSEMBLY BILL 794
(a) If the person knows or reasonably should know that the child is a child
runaway when the child arrives in the living quarters, the person fails to notify the
police or the appropriate county department of the child's presence immediately after
the child arrives.
(b) If the person discovers or reasonably should have discovered that the child
is a child runaway after the child has arrived in the living quarters, the person fails
to notify the police or the appropriate county department of the child's presence
immediately after the person makes the discovery or reasonably should have made
the discovery.
(3) Whoever knowingly transports a child runaway with the intent to avoid
apprehension is guilty of a Class A misdemeanor for a first offense, a Class I felony
for a 2nd offense, or a Class H felony for a 3rd or subsequent offense.
(4) This section does not apply to a person who operates a home that provides
housing and services to a child runaway under s. 48.227.
(END)
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