Wisconsin Senate Bill SB749

Wisconsin 2023-2024 Regular Session

• Introduced: 12/8/23
• Refer: 12/8/23
• Failed: 4/15/24

Caption

Harboring or transporting a child runaway without the consent of the child's parent or guardian and providing a penalty.

Impact

The introduction of SB749 could have wide-ranging implications for state laws concerning child welfare and criminal liability. It clarifies existing regulations by explicitly defining the responsibilities of individuals who may find themselves harboring a runaway child. This may lead to increased reporting to law enforcement and child welfare agencies concerning runaways, aiming to ensure that the well-being of children is prioritized. However, the penalties outlined in the legislation raise concerns about potential unintended consequences, such as discouraging compassionate acts of assistance from community members towards vulnerable youth in distress or promoting a climate of fear rather than support.

Summary

Senate Bill 749 is a legislative proposal aimed at addressing the issue of child runaways by imposing criminal penalties on individuals who harbor or transport such children without the consent of their parent or guardian. The bill defines a 'child runaway' as a child who is absent from their home without consent and does not intend to return. Under this bill, any individual who knowingly receives a child runaway into their home and fails to notify law enforcement or child welfare agencies is subject to significant legal repercussions. This includes a Class A misdemeanor for a first offense and escalating to Class I or Class H felonies for subsequent offenses, depending on the number of occurrences.

Contention

Notable points of contention surrounding SB749 involve the balance between protecting children and imposing criminal liabilities on well-meaning individuals attempting to aid runaways. Critics argue that the strict penalties might deter individuals from providing temporary refuge to runaway children and suggest that this could adversely affect the children themselves, leaving them without safe spaces. Supporters, however, contend that the legislation creates necessary accountability for those who knowingly enable runaways and avoids situations where children could be further endangered. The discussions continue as stakeholders navigate the complexities of child safety and community assistance.