Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB978 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Date of enactment: ~~March 27, 2024~~
2		-	2023 Assembly Bill 978 Date of publication*: ~~March 28, 2024~~
3		-	2023 WISCONSIN ACT ~~239~~
	1	+	Date of enactment:
	2	+	2023 Assembly Bill 978 Date of publication*:
	3	+	2023 WISCONSIN ACT
4	4		AN ACT to repeal 15.257 (3), 59.54 (29), 66.0511 (4) and 165.29; to amend 66.0511 (title); and to create 15.257
5	5		(3), 59.54 (29), 66.0511 (4), 165.29 and 165.85 (3m) (d) of the statutes; relating to: creation of a Human Trafficking
6	6		Council.
7	7		The people of the state of Wisconsin, represented in
8	8		senate and assembly, do enact as follows:
9	9		SECTION 1. 15.257 (3) of the statutes is created to
10	10		read:
11	11		15.257 (3) HUMAN TRAFFICKING COUNCIL. There is
12	12		created in the department of justice a human trafficking
13	13		council. The council shall consist of the following mem-
14	14		bers:
15	15		(a) The secretary of administration, or his or her
16	16		designee.
17	17		(b) The secretary of children and families, or his or
18	18		her designee.
19	19		(c) The secretary of health services, or his or her
20	20		designee.
21	21		(d) The state superintendent of public instruction, or
22	22		his or her designee.
23	23		(e) The secretary of safety and professional services,
24	24		or his or her designee.
25	25		(f) The secretary of transportation, or his or her desig-
26	26		nee.
27	27		(g) The secretary of workforce development, or his
28	28		or her designee.
29	29		(h) The state public defender, or his or her designee.
30	30		(i) Two senators and 2 representatives to the assem-
31	31		bly from the 2 major political parties, appointed as are
32	32		members of standing committees.
33	33		(j) To be appointed by the Wisconsin District Attor-
34	34		neys Association, one district attorney holding office in
35	35		this state.
36	36		(k) To be appointed by the Wisconsin Chiefs of
37	37		Police Association, one chief of police or chief of a com-
38	38		bined protective services department holding office in
39	39		this state.
40	40		(L) To be appointed by the Badger State Sheriffs’
41	41		Association, one sheriff holding office in this state.
42	42		(m) To be appointed by the Wisconsin Sheriffs and
43	43		Deputy Sheriffs Association, one sheriff holding office in
44	44		this state.
45	45		(n) To be appointed by the attorney general, 4 repre-
46	46		sentatives of organizations that provide human traffick-
47	47		ing victim support services. The representatives
48	48		appointed under this paragraph shall be from organiza-
49	49		tions that serve different geographic areas of the state,
50	50		including both urban and rural communities.
51	51		(o) To be appointed by the Great Lakes Inter−Tribal
52	52		Council, Inc., one Native American member.
53	53		(p) One representative of the office of crime victim
54	54		services.
55	55		(q) The director of the department of justice division
56	56		of criminal investigation human trafficking and Internet
57	57		crimes against children bureau, or his or her designee.
58	58		* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
59		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act ~~239~~ 2023 Assembly Bill 978
	59	+	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Assembly Bill 978
60	60		SECTION 2. 15.257 (3) of the statutes, as created by
61	61		2023 Wisconsin Act .... (this act), is repealed.
62	62		SECTION 3. 59.54 (29) of the statutes is created to
63	63		read:
64	64		59.54 (29) SEX TRAFFICKING TASK FORCES. In any
65	65		county that has received a recommendation from the
66	66		human trafficking council under s. 165.29 (1) (d), the
67	67		board shall review the recommendation, and the board is
68	68		encouraged to establish a sex trafficking task force that
69	69		includes representatives from law enforcement agencies,
70	70		county departments, and local nonprofit groups to coor-
71	71		dinate efforts to combat sex trafficking in that county,
72	72		including identifying and investigating sex trafficking,
73	73		supporting victims, and raising community awareness.
74	74		SECTION 4. 59.54 (29) of the statutes, as created by
75	75		2023 Wisconsin Act .... (this act), is repealed.
76	76		SECTION 5. 66.0511 (title) of the statutes is amended
77	77		to read:
78	78		66.0511 (title) Law enforcement agency agencies;
79	79		certain policies on use of force and citizen complaint
80	80		procedures.
81	81		SECTION 6. 66.0511 (4) of the statutes is created to
82	82		read:
83	83		66.0511 (4) HUMAN TRAFFICKING PREVENTION AND
84	84		ENFORCEMENT. Each person in charge of a law enforce-
85	85		ment agency in a county that has received a recommenda-
86	86		tion from the human trafficking council under s. 165.29
87	87		(1) (d) is encouraged to designate a law enforcement offi-
88	88		cer of the law enforcement agency to coordinate the law
89	89		enforcement agency’s human trafficking prevention and
90	90		enforcement efforts.
91	91		SECTION 7. 66.0511 (4) of the statutes, as created by
92	92		2023 Wisconsin Act .... (this act), is repealed.
93	93		SECTION 8. 165.29 of the statutes is created to read:
94	94		165.29 Human trafficking council. (1) The human
95	95		trafficking council shall do all of the following:
96	96		(a) Compile and maintain an inventory of human
97	97		trafficking prevention programs and services in this state
98	98		and develop, maintain, and keep current an online data-
99	99		base to share information among counties, law enforce-
100	100		ment agencies, state agencies that have responsibilities
101	101		relating to sex trafficking, and organizations that provide
102	102		human trafficking prevention programs and services or
103	103		victim support programs and services. The database shall
104	104		include an online portal that is accessible by each such
105	105		entity.
106	106		(b) Beginning on July 1, 2028, and once every 3 years
107	107		thereafter, define, review, and assess the efficacy of the
108	108		expenditure of state funds allocated to human trafficking
109	109		prevention.
110	110		(c) Compile data on human trafficking offenses com-
111	111		mitted in this state using metrics the council determines
112	112		to be of use, including at a minimum the annual number
113	113		of arrests, prosecutions, and convictions for human traf-
114	114		ficking offenses under s. 940.302 or 948.051.
115	115		(d) Assess sex trafficking activities in each county,
116	116		establish criteria to be used as the basis for recommenda-
117	117		tions to counties, and make recommendations to counties
118	118		as to whether a human trafficking task force should be
119	119		established in that county or that a law enforcement
120	120		agency in that county designate a law enforcement offi-
121	121		cer to coordinate the law enforcement agency’s human
122	122		trafficking prevention and enforcement efforts.
123	123		(e) Assess the regulation and oversight of facilities
124	124		that provide residential care in a congregate living envi-
125	125		ronment, including community−based residential facili-
126	126		ties, as defined in s. 50.01 (1g), and group homes licensed
127	127		under s. 48.625, as it relates to victims of human traffick-
128	128		ing.
129	129		(f) Assess the frequency and extent to which social
130	130		media platforms are used to assist, facilitate, or support
131	131		human trafficking in this state; establish a process to
132	132		detect such use on a consistent basis; and develop recom-
133	133		mendations on how to stop, reduce, or prevent social
134	134		media platforms from being used for human trafficking
135	135		purposes.
136	136		(g) Develop a state strategic plan for preventing
137	137		human trafficking, providing resources for law enforce-
138	138		ment initiatives, providing resources to organizations
139	139		that provide human trafficking prevention programs and
140	140		services or human trafficking victim support services
141	141		programs and services, and creating or providing access
142	142		to relevant training programs for law enforcement or
143	143		such organizations.
144	144		(h) In consultation with the department of justice,
145	145		develop a model protocol for interviewing and interact-
146	146		ing with individuals who are victims of human traffick-
147	147		ing offenses under s. 940.302 or 948.051.
148	148		(i) Develop a model training program for counties
149	149		relating to reducing interest in solicitation by individuals
150	150		who solicit or facilitate commercial sex acts.
151	151		(j) 1. By July 1 of each year, submit to the chief clerk
152	152		of each house of the legislature for distribution to the leg-
153	153		islature under s. 13.172 (2) and post on the department of
154	154		administration’s and department of justice’s websites a
155	155		report that summarizes the data collected by the council
156	156		during the previous year, the activities of the council dur-
157	157		ing the previous year, and any obstacles that prevented
158	158		the council from successfully carrying out its duties dur-
159	159		ing the previous year.
160	160		2. In the 3rd report submitted under subd. 1., include
161	161		a recommendation as to whether the council should con-
162	162		tinue to operate after June 30, 2029, and recommenda-
163	163		tions relating to moving the council’s ongoing initiatives
164	164		to state agencies or counties or other local units of gov-
165	165		ernments.
166	166		(2) The human trafficking council may request from,
167	167		and the department of administration and department of
168		-	justice shall collaborate to provide, any data necessary to − 3 − 2023 Wisconsin Act ~~239~~ 2023 Assembly Bill 978
	168	+	justice shall collaborate to provide, any data necessary to − 3 − 2023 Wisconsin Act 2023 Assembly Bill 978
169	169		carry out the human trafficking council’s duties under
170	170		sub. (1).
171	171		SECTION 9. 165.29 of the statutes, as created by 2023
172	172		Wisconsin Act .... (this act), is repealed.
173	173		SECTION 10. 165.85 (3m) (d) of the statutes is created
174	174		to read:
175	175		165.85 (3m) (d) Develop a list of recommended
176	176		training courses for law enforcement officers relating to
177	177		preventing, recognizing, and investigating human traf-
178	178		ficking, apprehending and prosecuting human traffick-
179	179		ers, and coordinating human trafficking response efforts
180	180		with other law enforcement agencies and organizations.
181	181		SECTION 11.0Effective dates. This act takes effect on
182	182		the day after publication, except as follows:
183	183		(1) The creation of ss. 15.257 (3), 59.54 (29), 66.0511
184	184		(4), and 165.29 takes effect on July 1, 2025.
185	185		(2) The repeal of ss. 15.257 (3), 59.54 (29), 66.0511
186	186		(4), and 165.29 takes effect on June 30, 2029.