Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB73 Compare Versions

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

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 73
5	5	February 21, 2023 - Introduced by Senators JACQUE, TAYLOR and CABRAL-GUEVARA,
6	6	cosponsored by Representatives BODDEN, BRANDTJEN, ORTIZ-VELEZ, DRAKE,
7	7	ALLEN, ANDRACA, BEHNKE, DONOVAN, GUNDRUM, MURSAU, PENTERMAN, SINICKI,
8	8	STUBBS, SUBECK, WICHGERS and BALDEH. Referred to Committee on Judiciary
9	9	and Public Safety.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to amend 20.455 (2) (hd) and 48.48 (19); and to create 20.437 (1) (hf),
12	12	814.75 (28), 814.76 (21), 944.35 and 973.05 (2m) (fr) of the statutes; relating
13	13	to: prostitution crime surcharge and making an appropriation.
14	14	Analysis by the Legislative Reference Bureau
15	15	Under current law, the court must impose on a defendant who has been found
16	16	guilty of a criminal offense certain surcharges, which are in addition to any
17	17	applicable fines, costs, and fees. For instance, the court must impose a crime victim
18	18	and witness assistance surcharge in an amount of $67 for each conviction of a
19	19	misdemeanor count and in an amount of $92 for each conviction of a felony count.
20	20	The surcharge amounts collected reimburse counties for services provided to victims
21	21	and witnesses of crimes.
22	22	This bill creates a $5,000 surcharge to be imposed on persons who are convicted
23	23	of patronizing or soliciting prostitutes, pandering, or keeping a place of prostitution.
24	24	Under the bill, the surcharge amounts collected are used for treatment and services
25	25	for sex-trafficking victims and for criminal investigative operations and law
26	26	enforcement relating to Internet crimes against children.
27	27	For further information see the state and local fiscal estimate, which will be
28	28	printed as an appendix to this bill.
29	29	The people of the state of Wisconsin, represented in senate and assembly, do
30	30	enact as follows:
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33	33	3 - 2 -2023 - 2024 Legislature LRB-0063/1
34	34	CMH:wlj
35	35	SECTION 1 SENATE BILL 73
36	36	SECTION 1. 20.437 (1) (hf) of the statutes is created to read:
37	37	20.437 (1) (hf) Sex-trafficking victim services. All moneys received from the
38	38	prostitution crime surcharge as authorized under s. 944.35, for treatment and
39	39	services for sex-trafficking victims under s. 48.48 (19).
40	40	SECTION 2. 20.455 (2) (hd) of the statutes is amended to read:
41	41	20.455 (2) (hd) Internet crimes against children. All moneys transferred under
42	42	par. (Lp), 2017 Wisconsin Act 59, section 9228 (1p), and 2019 Wisconsin Act 9, section
43	43	9227 (1), shall be credited to this appropriation account and all moneys received from
44	44	the prostitution crime surcharge as authorized under s. 944.35, for criminal
45	45	investigative operations and law enforcement relating to Internet crimes against
46	46	children, prosecution of Internet crimes against children, and activities of state and
47	47	local Internet crimes against children task forces.
48	48	SECTION 3. 48.48 (19) of the statutes is amended to read:
49	49	48.48 (19) To purchase or provide treatment and services for children who are
50	50	the victims of trafficking, as defined in s. 940.302 (1) (d), for purposes of a commercial
51	51	sex act, as defined in s. 940.302 (1) (a). Within the availability of funding under s.
52	52	20.437 (1) (e) and (hf), the department shall ensure that that treatment and those
53	53	services are available to children in all geographic areas of the state, including both
54	54	urban and rural communities.
55	55	SECTION 4. 814.75 (28) of the statutes is created to read:
56	56	814.75 (28) The prostitution crime surcharge under s. 944.35.
57	57	SECTION 5. 814.76 (21) of the statutes is created to read:
58	58	814.76 (21) The prostitution crime surcharge under s. 944.35.
59	59	SECTION 6. 944.35 of the statutes is created to read:
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84	84	LRB-0063/1
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86	86	SECTION 6
87	87	SENATE BILL 73
88	88	944.35 Prostitution crime surcharge. (1) If a court imposes a sentence or
89	89	places a person on probation for a violation of s. 944.31, 944.32, 944.33, or 944.34, the
90	90	court shall impose under ch. 814 a prostitution crime surcharge of $5,000.
91	91	(2) The clerk of the circuit court shall collect and transmit to the county
92	92	treasurer under s. 59.40 (2) (m) the amount of the surcharge. The county treasurer
93	93	shall then pay the secretary of administration as provided in s. 59.25 (3) (f) 2. The
94	94	secretary of administration shall deposit all amounts received under this subsection
95	95	in the general fund, half of which is to be credited to the appropriation account under
96	96	s. 20.437 (1) (hf) and half of which is to be credited to the appropriation account under
97	97	s. 20.455 (2) (hd).
98	98	SECTION 7. 973.05 (2m) (fr) of the statutes is created to read:
99	99	973.05 (2m) (fr) To payment of the prostitution crime surcharge until paid in
100	100	full.
101	101	SECTION 8.0Initial applicability.
102	102	(1) This act first applies to offenses committed on the effective date of this
103	103	subsection.
104	104	(END)
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