Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB698 Compare Versions

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

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4	4	2023 SENATE BILL 698
5	5	November 21, 2023 - Introduced by Senators AGARD, HESSELBEIN, L. JOHNSON,
6	6	LARSON, PFAFF, SMITH, TAYLOR and WIRCH, cosponsored by Representatives
7	7	HONG, C. ANDERSON, J. ANDERSON, CONLEY, CONSIDINE, DRAKE, EMERSON,
8	8	JACOBSON, JOERS, MADISON, OHNSTAD, PALMERI, RATCLIFF, SHELTON, SINICKI,
9	9	STUBBS and CLANCY. Referred to Committee on Judiciary and Public Safety.
10	10	AN ACT to amend 814.04 (intro.); and to create 893.583 and 895.437 of the
11	11	statutes; relating to: creating a civil cause of action for acts of violence related
12	12	to sex, gender, or sexuality.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill creates a civil cause of action for a person who has been subjected to
15	15	sex discrimination, which the bill defines as 1) one or more acts of violence or physical
16	16	aggression committed, at least in part, on the basis of sex, gender, or sexuality; 2) a
17	17	physical intrusion or physical invasion of a sexual nature committed under coercive
18	18	conditions; or 3) a threat of either of these types of acts.
19	19	Under the bill, a person must commence a civil action against the actor within
20	20	seven years after the sex discrimination act occurs or, if the person bringing the
21	21	action is under the age of 18 at the time the sex discrimination act occurs, within
22	22	seven years after that person's 18th birthday. A person who brings a civil action for
23	23	sex discrimination and prevails may recover damages, such as damages for
24	24	emotional distress, punitive damages, and costs, including reasonable attorney fees
25	25	and other costs of the investigation and litigation that were reasonably incurred.
26	26	The people of the state of Wisconsin, represented in senate and assembly, do
27	27	enact as follows:
28	28	SECTION 1. 814.04 (intro.) of the statutes is amended to read:
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34	34	SECTION 1 SENATE BILL 698
35	35	814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.195 (5m)
36	36	(b), 100.30 (5m), 106.50 (6) (i) and (6m) (a), 115.80 (9), 767.553 (4) (d), 769.313,
37	37	802.05, 814.245, 895.035 (4), 895.044, 895.437 (4), 895.443 (3), 895.444 (2), 895.445
38	38	(3), 895.446 (3), 895.506, 943.212 (2) (b), 943.245 (2) (d), 943.51 (2) (b), and 995.10 (3),
39	39	when allowed costs shall be as follows:
40	40	SECTION 2. 893.583 of the statutes is created to read:
41	41	893.583 Gender violence. Notwithstanding ss. 893.16, 893.54, and 893.57,
42	42	an action under s. 895.437 shall be commenced within 7 years after the cause of
43	43	action accrues or, if the victim is under the age of 18 at the time the cause of action
44	44	accrues, within 7 years of the victim's 18th birthday, or be barred.
45	45	SECTION 3. 895.437 of the statutes is created to read:
46	46	895.437 Gender violence; action for. (1) This section may be cited as the
47	47	“Gender Violence Act.”
48	48	(2) In this section:
49	49	(a) “Sex discrimination" means any of the following:
50	50	1. One or more acts of violence or physical aggression committed, at least in
51	51	part, on the basis of sex, gender, or sexuality.
52	52	2. A physical intrusion or physical invasion of a sexual nature committed under
53	53	coercive conditions.
54	54	3. A threat of an act described under subd. 1. or 2.
55	55	(b) “Sex, gender, or sexuality” includes:
56	56	1. Actual, perceived, or attributed sexual orientation.
57	57	2. Actual, perceived, or attributed gender identity.
58	58	3. Actual, perceived, or attributed sex or gender role conformity or
59	59	nonconformity.
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87	87	SECTION 3
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89	89	(3) Any person who has been subjected to sex discrimination may bring a civil
90	90	action for damages, an injunction, or other appropriate relief against any person
91	91	responsible for that discrimination.
92	92	(4) If the plaintiff prevails in a civil action under sub. (3), the court may award
93	93	special and general damages, including damages for emotional distress; punitive
94	94	damages; and costs, including all reasonable attorney fees and other costs of the
95	95	investigation and litigation that were reasonably incurred.
96	96	(5) A person may bring a civil action under sub. (3) regardless of whether there
97	97	has been a criminal action related to that sexual discrimination and regardless of the
98	98	outcome of any such criminal action.
99	99	(6) This section does not limit the right of a person to recover from any parent
100	100	or parents under s. 895.035.
101	101	SECTION 4.0Initial applicability.
102	102	(1) This act first applies to a cause of action accruing on the effective date of this
103	103	subsection.
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