Date of enactment: March 22, 2024
2023 Senate Bill 333 Date of publication*: March 23, 2024
2023 WISCONSIN ACT 200
AN ACT to renumber and amend 115.31 (2g); to amend 115.31 (2r) (a); and to create 48.981 (3d), 115.31 (2g) (c),
115.31 (2r) (c) and 948.098 of the statutes; relating to: sexual misconduct against a pupil by a school staff member
or volunteer and providing a penalty.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 48.981 (3d) of the statutes is created to
read:
48.981 (3d) NOTIFICATION OF A REPORT. An agency
that receives a report under sub. (3) of conduct that con-
stitutes a violation of s. 948.098 shall notify the depart-
ment of public instruction of the alleged violation includ-
ing the name of the person alleged and the name of the
school district or school at which the person works or vol-
unteers.
SECTION 2. 115.31 (2g) of the statutes is renumbered
115.31 (2g) (intro.) and amended to read:
115.31 (2g) (intro.) Notwithstanding subch. II of ch.
111, the state superintendent shall revoke a license
granted by the state superintendent, without a hearing, if
the licensee is convicted of any of the following:
(a) A Class A, B, C, or D felony under ch. 940 or 948,
except ss. 940.08 and 940.205, for a violation that occurs
on or after September 12, 1991, or any.
(b) A Class E, F, G, or H felony under ch. 940 or 948,
except ss. 940.08 and 940.205, for a violation that occurs
on or after February 1, 2003.
SECTION 3. 115.31 (2g) (c) of the statutes is created
to read:
115.31 (2g) (c) Any of the following, if the violation
occurs on or after the effective date of this paragraph ....
[LRB inserts date]:
1. A violation of s. 942.08, 942.09 (2), 948.098,
948.10, or 948.11 (2) (a).
2. A felony violation of s. 943.20 if the property
belonged to the school district.
3. A violation of federal law or the law of any other
state or jurisdiction that would be a violation of subd. 1.
or 2. or par. (a) or (b) if committed in this state.
SECTION 4. 115.31 (2r) (a) of the statutes is amended
to read:
115.31 (2r) (a) Except as provided under par. pars.
(b) and (c), the state superintendent may not reinstate a
license revoked under sub. (2g) for 6 years following the
date of the conviction, and may reinstate a license
revoked under sub. (2g) only if the licensee establishes by
clear and convincing evidence that he or she is entitled to
reinstatement.
SECTION 5. 115.31 (2r) (c) of the statutes is created
to read:
115.31 (2r) (c) The state superintendent may not
reinstate a license revoked under sub. (2g) if the license
was revoked for any of the following:
* 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
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 200 2023 Senate Bill 333
1. A felony conviction for a violation of ch. 948
described in sub. (2g) (a) or (b).
2. A felony conviction for a violation of s. 942.08 or
948.098.
3. A conviction for a violation of s. 942.09 (2) if the
person depicted in the representation is a child.
4. A conviction for the violation of federal law or the
law of any other state or jurisdiction that would be a vio-
lation of subd. 1., 2., or 3. if committed in this state.
SECTION 6. 948.098 of the statutes is created to read:
948.098 Sexual misconduct by a school staff per-
son or volunteer. (1) In this section:
(a) “Physical contact of a sexual nature” means any
of the following types of intentional touching, whether
direct or through clothing:
1. Intentional touching by the actor or, upon the
actor’s instruction, by another person, by the use of any
body part or object, if the purpose of the intentional
touching is any of the following:
a. To sexually degrade or sexually humiliate the
pupil.
b. To sexually degrade or sexually humiliate the
actor.
c. To sexually arouse or sexually gratify the pupil.
d. To sexually arouse or sexually gratify the actor.
2. Intentional touching by the pupil, by the use of any
body part or object, of the actor or, if done upon the
actor’s instructions, another person, if the purpose of the
intentionally touching is any of the following:
a. To sexually degrade or sexually humiliate the
pupil.
b. To sexually degrade or sexually humiliate the
actor.
c. To sexually arouse or sexually gratify the pupil.
d. To sexually arouse or sexually gratify the actor.
(b) “School” means a public or private elementary or
secondary school, or a tribal school, as defined in s.
115.001 (15m).
(c) “School staff member” means any person who
provides services to a school or a school board, including
an employee of a school or a school board and a person
who provides services to a school or a school board under
a contract. “School staff member” includes a bus driver.
(d) “Sexual misconduct” means verbal conduct of a
sexual nature or physical contact of a sexual nature.
“Sexual misconduct” includes conduct directed by a per-
son at another person of the same or opposite gender.
(e) “Verbal conduct of a sexual nature” means com-
munications made intentionally for any of the following
purposes:
1. Sexually degrading or sexually humiliating the
pupil
2. Sexually degrading or sexually humiliating the
actor.
3. Sexually arousing or sexually gratifying the pupil.
3. Sexually arousing or sexually gratifying the actor.
(f) “Volunteer” means a person, other than a school
staff member, who provides services to a school without
compensation.
(2) Any school staff member or volunteer who com-
mits an act of sexual misconduct against a pupil enrolled
in the school is guilty of a Class I felony.
(3) A law enforcement officer who receives a report
of an alleged violation of sub. (2) shall notify the depart-
ment of public instruction of the alleged violation includ-
ing the name of the person alleged and the name of the
school district or school at which the person works or vol-
unteers.