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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 974
January 18, 2024 - Introduced by Representatives STEFFEN, MURSAU, STUBBS,
BALDEH, BEHNKE, CALLAHAN, CONSIDINE, DITTRICH, EDMING, GUNDRUM,
GUSTAFSON, HURD, KITCHENS, KRUG, MAXEY, MURPHY, O'CONNOR, PALMERI,
SCHRAA, SORTWELL, SUBECK and WICHGERS, cosponsored by Senators BALLWEG,
ROYS and WIRCH. Referred to Committee on Criminal Justice and Public
Safety.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to renumber and amend 940.302 (3) and 948.051 (3); and to create
893.586, 895.439 (title), 895.439 (1) (title) and 895.439 (2) (title) of the statutes;
relating to: the civil causes of action for human trafficking and trafficking a
child.
Analysis by the Legislative Reference Bureau
Under current law, a victim of human trafficking or child trafficking who incurs
an injury or death as a result of the trafficking may bring a civil cause of action
against the person who committed the violation. The victim must commence the civil
action within three years of the injury.
Under current law, a person who is injured by an act that would constitute a
violation of criminal laws relating to sexual assault of a child or incest with a child
may bring a cause of action against the person who caused the injury regardless of
whether that person was prosecuted or convicted for the criminal violation. The
victim must commence the civil action before he or she reaches the age of 35.
This bill specifies that a victim of child trafficking may bring a civil action
regardless of whether anyone was prosecuted or convicted for the child trafficking
violation, and specifies that the victim may commence the civil action any time before
he or she reaches the age of 35.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
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SECTION 1 ASSEMBLY BILL 974
SECTION 1. 893.586 of the statutes is created to read:
893.586 Trafficking of a child; limitation. An action under s. 895.439 (2)
for damages shall be commenced before the injured party reaches the age of 35 years
or be barred.
SECTION 2. 895.439 (title) of the statutes is created to read:
895.439 (title) Trafficking, action for.
SECTION 3. 895.439 (1) (title) of the statutes is created to read:
895.439 (1) (title) HUMAN TRAFFICKING.
SECTION 4. 895.439 (2) (title) of the statutes is created to read:
895.439 (2) (title) TRAFFICKING OF A CHILD.
SECTION 5. 940.302 (3) of the statutes is renumbered 895.439 (1) and amended
to read:
895.439 (1) Any person who incurs an injury or death as a result of a violation
of sub. s. 940.302 (2) may bring a civil action against the person who committed the
violation. In addition to actual damages, the court may award punitive damages to
the injured party, not to exceed treble the amount of actual damages incurred, and
reasonable attorney fees.
SECTION 6. 948.051 (3) of the statutes is renumbered 895.439 (2) and amended
to read:
895.439 (2) Any person who incurs an injury or death as a result of a violation
of sub. (1) or (2) s. 948.051 may bring a civil action against the person who committed
the violation. An action may be brought under this subsection regardless of whether
anyone was prosecuted or convicted for the violation. In addition to actual damages,
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SECTION 6
ASSEMBLY BILL 974
the court may award punitive damages to the injured party, not to exceed treble the
amount of actual damages incurred, and reasonable attorney fees.
(END)
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