Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB333 Compare Versions

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1	1	LRB-3325/1
2	2	EAW&CMH:cdc/klm/wlj
3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 333
5	5	June 14, 2023 - Introduced by Senators JAMES, AGARD, BALLWEG, FELZKOWSKI,
6	6	HESSELBEIN, SPREITZER, STROEBEL, TOMCZYK and WANGGAARD, cosponsored by
7	7	Representatives SPIROS, MCGUIRE, OHNSTAD, ALLEN, C. ANDERSON, ANDRACA,
8	8	BEHNKE, BILLINGS, BINSFELD, BRANDTJEN, DRAKE, GOEBEN, GUNDRUM,
9	9	GUSTAFSON, HURD, MAXEY, MURPHY, MURSAU, NEDWESKI, O'CONNOR,
10	10	ORTIZ-VELEZ, ROZAR, SCHRAA, SINICKI, STEFFEN, STUBBS and SUBECK. Referred
11	11	to Committee on Judiciary and Public Safety.
12	12	AN ACT to renumber and amend 115.31 (2g); to amend 115.31 (2r) (a); and to
13	13	create 48.981 (3d), 115.31 (2g) (c), 115.31 (2r) (c) and 948.098 of the statutes;
14	14	relating to: sexual misconduct against a pupil by a school staff member or
15	15	volunteer and providing a penalty.
16	16	Analysis by the Legislative Reference Bureau
17	17	This bill makes it a Class I felony for a person who works or volunteers at an
18	18	elementary school, secondary school, or tribal school to commit sexual misconduct
19	19	against a pupil who is enrolled at that school. Under the bill, a school staff member
20	20	or volunteer is guilty of sexual misconduct if the school staff member or volunteer
21	21	knowingly engaged in sexual misconduct that substantially interfered with a pupil's
22	22	academic performance or created an intimidating, hostile, or offensive school
23	23	environment. Under the bill, if a law enforcement officer or a county department of
24	24	social or human services, the Department of Children and Families in a county of
25	25	750,000 or more, or a child welfare agency under contract with DCF receives a report
26	26	of alleged sexual misconduct against a pupil, the law enforcement officer, county
27	27	department, DCF, or child welfare agency must notify the Department of Public
28	28	Instruction of the violation, including the name of the person alleged and the school
29	29	district or school at which that person works or volunteers.
30	30	Under current law, there are certain offenses for which if a person who is
31	31	licensed by DPI is convicted will result in an automatic revocation of that person's
32	32	license. Under current law, a person's license may be reinstated after six years for
33	33	certain offenses if the person shows, by clear and convincing evidence, that he or she
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37	37	4 - 2 -2023 - 2024 Legislature LRB-3325/1
38	38	EAW&CMH:cdc/klm/wlj
39	39	SENATE BILL 333
40	40	is entitled to reinstatement. This bill adds certain crimes to the automatic revocation
41	41	provision and adds a lifetime bar on reinstatement for certain crimes. Under current
42	42	law, a person's license is automatically revoked if he or she is convicted of a Class H
43	43	felony or higher that is a crime against life or bodily security or a crime against a
44	44	child. This bill adds that a person's license is automatically revoked if he or she is
45	45	convicted of certain crimes against children that are Class I felonies, including
46	46	sexual misconduct, certain crimes against privacy, and theft of property from a
47	47	school. Under the bill, a person's license may not be reinstated if the person is
48	48	convicted of a crime against a child that is a Class H felony or higher, sexual
49	49	misconduct against a pupil, and certain crimes against privacy.
50	50	Because this bill creates a new crime or revises a penalty for an existing crime,
51	51	the Joint Review Committee on Criminal Penalties may be requested to prepare a
52	52	report.
53	53	The people of the state of Wisconsin, represented in senate and assembly, do
54	54	enact as follows:
55	55	SECTION 1. 48.981 (3d) of the statutes is created to read:
56	56	48.981 (3d) NOTIFICATION OF A REPORT. An agency that receives a report under
57	57	sub. (3) of conduct that constitutes a violation of s. 948.098 shall notify the
58	58	department of public instruction of the alleged violation including the name of the
59	59	person alleged and the name of the school district or school at which the person works
60	60	or volunteers.
61	61	SECTION 2. 115.31 (2g) of the statutes is renumbered 115.31 (2g) (intro.) and
62	62	amended to read:
63	63	115.31 (2g) (intro.) Notwithstanding subch. II of ch. 111, the state
64	64	superintendent shall revoke a license granted by the state superintendent, without
65	65	a hearing, if the licensee is convicted of any of the following:
66	66	(a) A Class A, B, C, or D felony under ch. 940 or 948, except ss. 940.08 and
67	67	940.205, for a violation that occurs on or after September 12, 1991, or any.
68	68	(b) A Class E, F, G, or H felony under ch. 940 or 948, except ss. 940.08 and
69	69	940.205, for a violation that occurs on or after February 1, 2003.
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87	87	SECTION 3
88	88	SENATE BILL 333
89	89	SECTION 3. 115.31 (2g) (c) of the statutes is created to read:
90	90	115.31 (2g) (c) Any of the following, if the violation occurs on or after the
91	91	effective date of this paragraph .... [LRB inserts date]:
92	92	1. A violation of s. 942.08, 942.09 (2), 948.098, 948.10, or 948.11 (2) (a).
93	93	2. A felony violation of s. 943.20 if the property belonged to the school district.
94	94	3. A violation of federal law or the law of any other state or jurisdiction that
95	95	would be a violation of subd. 1. or 2. or par. (a) or (b) if committed in this state.
96	96	SECTION 4. 115.31 (2r) (a) of the statutes is amended to read:
97	97	115.31 (2r) (a) Except as provided under par. pars. (b) and (c), the state
98	98	superintendent may not reinstate a license revoked under sub. (2g) for 6 years
99	99	following the date of the conviction, and may reinstate a license revoked under sub.
100	100	(2g) only if the licensee establishes by clear and convincing evidence that he or she
101	101	is entitled to reinstatement.
102	102	SECTION 5. 115.31 (2r) (c) of the statutes is created to read:
103	103	115.31 (2r) (c) The state superintendent may not reinstate a license revoked
104	104	under sub. (2g) if the license was revoked for any of the following:
105	105	1. A felony conviction for a violation of ch. 948 described in sub. (2g) (a) or (b).
106	106	2. A felony conviction for a violation of s. 942.08 or 948.098.
107	107	3. A conviction for a violation of s. 942.09 if the person depicted in the
108	108	representation is a child.
109	109	4. A conviction for the violation of federal law or the law of any other state or
110	110	jurisdiction that would be a violation of subd. 1., 2., or 3. if committed in this state.
111	111	SECTION 6. 948.098 of the statutes is created to read:
112	112	948.098 Sexual misconduct by a school staff person or volunteer. (1)
113	113	In this section:
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139	139	EAW&CMH:cdc/klm/wlj
140	140	SECTION 6 SENATE BILL 333
141	141	(a) “Physical contact of a sexual nature” means any of the following types of
142	142	intentional touching, whether direct or through clothing, if that intentional touching
143	143	is for the purpose of either sexually degrading or sexually humiliating the pupil or
144	144	sexually arousing or sexually gratifying the actor:
145	145	1. Intentional touching by the actor or, upon the actor's instruction, by another
146	146	person, by the use of any body part or object.
147	147	2. Intentional touching by the pupil, by the use of any body part or object, of
148	148	the actor or, if done upon the actor's instructions, another person.
149	149	(b) “School" means a public or private elementary or secondary school, or a
150	150	tribal school, as defined in s. 115.001 (15m).
151	151	(c) “School staff member" means any person who provides services to a school
152	152	or a school board, including an employee of a school or a school board and a person
153	153	who provides services to a school or a school board under a contract. “School staff
154	154	member” includes a bus driver.
155	155	(d) “Sexual misconduct” means sexual advances, requests for sexual favors, or
156	156	physical contact of a sexual nature. “Sexual misconduct” includes conduct directed
157	157	by a person at another person of the same or opposite gender.
158	158	(e) “Volunteer” means a person, other than a school staff member, who provides
159	159	services to a school without compensation.
160	160	(2) Any school staff member or volunteer who commits an act of sexual
161	161	misconduct against a pupil enrolled in the school is guilty of a Class I felony if all of
162	162	the following apply:
163	163	(a) The staff member or volunteer knew or should have known that his or her
164	164	conduct was sufficiently severe to substantially interfere with a pupil's academic
165	165	performance or create an intimidating, hostile, or offensive school environment.
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193	193	SECTION 6
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195	195	(b) The conduct in fact substantially interfered with a pupil's academic
196	196	performance or caused the pupil to experience an intimidating, hostile, or offensive
197	197	school environment.
198	198	(3) A law enforcement officer who receives a report of an alleged violation of
199	199	sub. (2) shall notify the department of public instruction of the alleged violation
200	200	including the name of the person alleged and the name of the school district or school
201	201	at which the person works or volunteers.
202	202	(END)
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