Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB55 Compare Versions

Only one version of the bill is available at this time.

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1	1	LRB-1123/1
2	2	MJW:cdc
3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 55
5	5	February 14, 2023 - Introduced by Senators JAMES, L. JOHNSON, AGARD, BALLWEG,
6	6	COWLES, FELZKOWSKI, HESSELBEIN, LARSON, ROYS, SMITH, SPREITZER, TAYLOR
7	7	and WIRCH, cosponsored by Representatives KITCHENS, BILLINGS, J. ANDERSON,
8	8	ANDRACA, BALDEH, CLANCY, CONLEY, CONSIDINE, DRAKE, EMERSON, GOYKE,
9	9	GREEN, GUNDRUM, GUSTAFSON, HAYWOOD, JOERS, MADISON, MYERS, OHNSTAD,
10	10	ORTIZ-VELEZ, PALMERI, RIEMER, RODRIGUEZ, ROZAR, SCHRAA, SHANKLAND,
11	11	SINICKI, SNYDER, SUBECK, VINING and WITTKE. Referred to Committee on
12	12	Judiciary and Public Safety.
13	13	AN ACT to amend 51.20 (13) (cr), 165.76 (1) (am), 938.34 (15) (a) 1., 944.30 (1m)
14	14	(intro.), 944.30 (2m) and 973.015 (2m) (intro.) of the statutes; relating to:
15	15	prosecuting or adjudicating delinquent a person under the age of 18 for
16	16	committing an act of prostitution.
17	17	Analysis by the Legislative Reference Bureau
18	18	Under current law, a person who is under the age of 18 may be prosecuted or
19	19	adjudicated delinquent for committing an act of prostitution, a Class A
20	20	misdemeanor. Under this bill, a person who is under the age of 18 may not be
21	21	prosecuted or adjudicated delinquent for committing an act of prostitution. This bill
22	22	also eliminates the option under current law in cases where a person under the age
23	23	of 18 has committed an act of prostitution for a court to enter a consent decree under
24	24	the Juvenile Justice Code, or a deferred prosecution agreement under the Juvenile
25	25	Justice Code or adult criminal statutes, if the court determines that a consent decree
26	26	or deferred prosecution agreement will serve the best interests of the person being
27	27	prosecuted and will not harm society.
28	28	The people of the state of Wisconsin, represented in senate and assembly, do
29	29	enact as follows:
30	30	SECTION 1. 51.20 (13) (cr) of the statutes is amended to read:
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37	37	SECTION 1 SENATE BILL 55
38	38	51.20 (13) (cr) If the subject individual is before the court on a petition filed
39	39	under a court order under s. 938.30 (5) (c) 1. and is found to have committed a
40	40	violation that would be a felony if committed by an adult in this state or a violation
41	41	of s. 940.225 (3m), 941.20 (1), 944.20, 944.30 (1m), 944.31 (1), 944.33, 946.52, or
42	42	948.10 (1) (b) or s. 944.30 (1m), 2021 stats., the court shall require the individual to
43	43	provide a biological specimen to the state crime laboratories for deoxyribonucleic
44	44	acid analysis. The court shall inform the individual that he or she may request
45	45	expungement under s. 165.77 (4).
46	46	SECTION 2. 165.76 (1) (am) of the statutes is amended to read:
47	47	165.76 (1) (am) Is or was adjudicated delinquent for an act that if committed
48	48	by an adult in this state would be a felony or for a violation of s. 940.225 (3m), 941.20
49	49	(1), 944.20, 944.30 (1m), 944.31 (1), 944.33, 946.52, or 948.10 (1) (b) or is or was
50	50	adjudicated delinquent for a violation of s. 944.30 (1m), 2021 stats., before the
51	51	effective date of this paragraph [LRB inserts date].
52	52	SECTION 3. 938.34 (15) (a) 1. of the statutes is amended to read:
53	53	938.34 (15) (a) 1. If the juvenile is adjudicated delinquent on the basis of a
54	54	violation that would be a felony if committed by an adult in this state or of a violation
55	55	of s. 940.225 (3m), 941.20 (1), 944.20, 944.30 (1m), 944.31 (1), 944.33, 946.52, or
56	56	948.10 (1) (b), the court shall require the juvenile to comply with the requirement
57	57	under s. 165.76 (1) (am) by providing a biological specimen to the state crime
58	58	laboratories for deoxyribonucleic acid analysis. The court shall inform the juvenile
59	59	that he or she may request expungement under s. 165.77 (4).
60	60	SECTION 4. 944.30 (1m) (intro.) of the statutes is amended to read:
61	61	944.30 (1m) (intro.) Any Except as provided in sub. (2m), any person who
62	62	intentionally does any of the following is guilty of a Class A misdemeanor:
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88	88	LRB-1123/1
89	89	MJW:cdc
90	90	SECTION 5
91	91	SENATE BILL 55
92	92	SECTION 5. 944.30 (2m) of the statutes is amended to read:
93	93	944.30 (2m) If the person A person may not be prosecuted under sub. (1m) this
94	94	section if he or she has not attained the age of 18 years and if the court determines
95	95	that the best interests of the person are served and society will not be harmed, the
96	96	court may enter a consent decree under s. 938.32 or a deferred prosecution
97	97	agreement in accordance with s. 938.245, 971.39, or 971.40 at the time he or she
98	98	commits an offense under sub. (1m).
99	99	SECTION 6. 973.015 (2m) (intro.) of the statutes is amended to read:
100	100	973.015 (2m) (intro.) At any time after a person has been convicted,
101	101	adjudicated delinquent, or found not guilty by reason of mental disease or defect for
102	102	a violation of s. 944.30 or adjudicated delinquent for a violation of s. 944.30 (1m),
103	103	2021 stats., a court may, upon the motion of the person, vacate the conviction,
104	104	adjudication, or finding, or may order that the record of the violation of s. 944.30 be
105	105	expunged, if all of the following apply:
106	106	SECTION 7.0Initial applicability.
107	107	(1) This act first applies to a violation committed on the effective date of this
108	108	subsection.
109	109	(END)
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