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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 972
January 18, 2024 - Introduced by Representatives GUNDRUM, GOEBEN, BEHNKE,
CALLAHAN, DITTRICH, DONOVAN, EDMING, HURD, KITCHENS, MAXEY, MURPHY,
MURSAU, O'CONNOR, PENTERMAN, SCHRAA and WICHGERS, cosponsored by
Senator KNODL. Referred to Committee on Criminal Justice and Public Safety.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 165.71 (1) and 944.32; and to create 939.6175 of the statutes;
relating to: solicitation for prostitution and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a person who intentionally solicits a person who is at least
18 to practice prostitution or establishes a person who is at least 18 in a place of
prostitution is guilty of a Class H felony. This bill increases the penalty to a Class
G felony. A Class G felony is punishable by a term of imprisonment not to exceed 10
years, which, under a bifurcated sentence, is a maximum term of confinement in
prison of five years followed by a maximum term of extended supervision of five
years. Current law has no mandatory minimum term of confinement in prison for
this crime. The bill imposes a mandatory minimum term of confinement in prison
for a person who is convicted of soliciting a prostitute, and the mandatory minimum
applies whether the person solicited is an adult or a child. The minimum term
imposed depends on the number of convictions for solicitation that the person has.
For a first offense, the mandatory minimum is either six months or, if the person
completes a treatment and education program approved by the court, three months.
For a second offense, the mandatory minimum is either 12 months or, if the offense
follows the completion of the treatment and education program for the first offense,
12 months plus the reduction for completing the program. For a third offense, the
mandatory minimum is two years. For a fourth or subsequent offense, the
mandatory minimum is three years.
Current law requires the Department of Justice to design a poster that provides
information regarding a human trafficking resource hotline. Under current law, the
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ASSEMBLY BILL 972
poster must inform individuals what human trafficking is and provide a phone
number for a victim to use for help and services. The bill adds that the poster must
also include the penalties for the crimes of human trafficking and soliciting a person
to practice prostitution.
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.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 165.71 (1) of the statutes is amended to read:
165.71 (1) The department of justice shall design a poster, or obtain a
predesigned poster, that provides information regarding a human trafficking
resource center hotline. The department shall ensure that the size of poster makes
it legible and that the poster informs individuals what human trafficking is and
provides a phone number that a victim or someone who knows a victim can call or
text for help and services. The poster shall include the penalties for a human
trafficking violation under s. 940.302 or 948.051 and for a solicitation violation under
s. 944.32 or 948.08. The poster shall be in English and Spanish, and, for each county,
in any other language required for voting materials in that county under federal law.
SECTION 2. 939.6175 of the statutes is created to read:
939.6175 Minimum sentence for solicitation. (1) Except as provided in
sub. (2), if a person is convicted of a violation of s. 944.32 or 948.08, the court shall
impose a bifurcated sentence under s. 973.01. The court may not place the defendant
on probation, and the penalty is subject to any applicable penalty enhancement. The
term of confinement in prison portion of the bifurcated sentence shall be as follows:
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ASSEMBLY BILL 972
(a) For a first offense under s. 944.32 or 948.08, notwithstanding the minimum
term of confinement under s. 973.01 (2) (b) (intro.), either at least 6 months or, if the
person completes a treatment and education program approved by the court, at least
3 months.
(b) For a 2nd offense under s. 944.32 or 948.08, either at least 12 months or, if
the person served a reduced sentence for a prior offense due to completing a
treatment and education program as provided under par. (a), at least 12 months plus
the amount by which the sentence was reduced from the 6-month minimum.
(c) For a 3rd offense under s. 944.32 or 948.08, at least 2 years.
(d) For a 4th or subsequent offense under s. 944.32 or 948.08, at least 3 years.
(2) This section does not apply if the defendant was under 18 years of age when
the violation occurred.
SECTION 3. 944.32 of the statutes is amended to read:
944.32 Soliciting prostitutes. Except as provided under s. 948.08, whoever
intentionally solicits or causes any person to practice prostitution or establishes any
person in a place of prostitution is guilty of a Class H G felony.
(END)
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