WI
Wisconsin Senate Bill SB954

Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB954 Compare Versions

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33 2023 - 2024 LEGISLATURE
44 2023 SENATE BILL 954
55 January 26, 2024 - Introduced by Senators WIMBERGER, KNODL and TOMCZYK,
66 cosponsored by Representatives O'CONNOR, S. JOHNSON, PLUMER, MAXEY,
77 GUNDRUM, MURSAU, KITCHENS, CALLAHAN, DITTRICH, BEHNKE, EDMING, SCHRAA
88 and HURD. Referred to Committee on Judiciary and Public Safety.
99 AN ACT to repeal 15.257 (3) and 165.29; to amend 59.54 (29), 66.0511 (title) and
1010 165.85 (4) (ef); and to create 15.257 (3), 59.54 (29), 66.0511 (4), 165.25 (21),
1111 165.29, 165.85 (3m) (d), 165.85 (4) (a) 7. d. and 165.85 (4) (ef) of the statutes;
1212 relating to: creation of a Human Trafficking Council and requiring the
1313 establishment of county sex trafficking task forces.
1414 Analysis by the Legislative Reference Bureau
1515 This bill creates a Human Trafficking Council attached to the Department of
1616 Justice. Under the bill, the council consists of the following members: the secretary
1717 or a designee of the Departments of Children and Families, Public Instruction, and
1818 Transportation; the state public defender, or his or her designee; one district
1919 attorney; one chief of police; two sheriffs; four representatives of organizations that
2020 provide human trafficking victim support services; one representative of the Office
2121 of Crime Victim Services; and one representative of the Internet Crimes Against
2222 Children task forces.
2323 The duties of the Human Trafficking Council are to compile an inventory of
2424 human trafficking prevention programs and services and maintain an online
2525 database to share information about human trafficking; review and assess the
2626 efficacy of the expenditure of state funds for human trafficking prevention; compile
2727 and analyze data about human trafficking arrests and prosecutions; assess sex
2828 trafficking activities in each county, track averages across counties, and determine
2929 whether a county is experiencing above-average sex trafficking activities; assess the
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3737 regulation and oversight of facilities that provide residential care in a congregate
3838 living environment; assess the use of social media platforms for human trafficking
3939 purposes in the state and develop recommendations on how to stop, reduce, or
4040 prevent such use; develop a state strategic plan for reducing human trafficking
4141 generally; and develop various protocols and training programs relating to human
4242 trafficking.
4343 This bill requires any county that is determined by the Human Trafficking
4444 Council to be experiencing above-average sex trafficking activities to establish a sex
4545 trafficking task force to combat sex trafficking in that county. The bill also requires
4646 each law enforcement agency in a political subdivision with a population of 10,000
4747 or more to designate an officer to coordinate the agency's human trafficking
4848 prevention and enforcement efforts and requires that designated officer to complete
4949 training that must be established by the Law Enforcement Standards Board relating
5050 to human trafficking prevention and enforcement.
5151 For further information see the state and local fiscal estimate, which will be
5252 printed as an appendix to this bill.
5353 The people of the state of Wisconsin, represented in senate and assembly, do
5454 enact as follows:
5555 SECTION 1. 15.257 (3) of the statutes is created to read:
5656 15.257 (3) HUMAN TRAFFICKING COUNCIL. There is created in the department of
5757 justice a human trafficking council consisting of the following members:
5858 (a) The secretary of children and families, or his or her designee.
5959 (b) The secretary of public instruction, or his or her designee.
6060 (c) The secretary of transportation, or his or her designee.
6161 (d) The state public defender, or his or her designee.
6262 (e) To be appointed by the Wisconsin District Attorneys Association, one district
6363 attorney holding office in this state.
6464 (f) To be appointed by the Wisconsin Chiefs of Police Association, one chief of
6565 police or chief of a combined protective services department holding office in this
6666 state.
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8181 SECTION 1
8282 SENATE BILL 954
8383 (g) To be appointed by the Badger State Sheriffs' Association, one sheriff
8484 holding office in this state.
8585 (h) To be appointed by the Wisconsin Sheriffs and Deputy Sheriffs Association,
8686 one sheriff holding office in this state.
8787 (i) To be appointed by the attorney general, 4 representatives of organizations
8888 that provide human trafficking victim support services. The representatives
8989 appointed under this paragraph shall be from organizations that serve different
9090 geographic areas of the state, including both urban and rural communities.
9191 (j) One representative of the office of crime victim services.
9292 (k) One representative of the Internet Crimes Against Children task forces.
9393 SECTION 2. 15.257 (3) of the statutes, as created by 2023 Wisconsin Act .... (this
9494 act), is repealed.
9595 SECTION 3. 59.54 (29) of the statutes is created to read:
9696 59.54 (29) SEX TRAFFICKING TASK FORCES. In any county that is determined by
9797 the human trafficking council under s. 165.29 (4) to be experiencing above-average
9898 sex trafficking activities, the board shall establish a sex trafficking task force that
9999 includes representatives from law enforcement agencies, county departments, and
100100 local nonprofit groups. A county sex trafficking task force established under this
101101 subsection shall coordinate efforts to combat sex trafficking in that county, including
102102 identifying and investigating sex trafficking, supporting victims, and raising
103103 community awareness.
104104 SECTION 4. 59.54 (29) of the statutes, as created by 2023 Wisconsin Act .... (this
105105 act), is amended to read:
106106 59.54 (29) SEX TRAFFICKING TASK FORCES. In any county that is determined by
107107 the human trafficking council under s. 165.29 (4) the department of justice under s.
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134134 SECTION 4 SENATE BILL 954
135135 165.25 (21) to be experiencing above-average sex trafficking activities, the board
136136 shall establish a sex trafficking task force that includes representatives from law
137137 enforcement agencies, county departments, and local nonprofit groups. A county sex
138138 trafficking task force established under this subsection shall coordinate efforts to
139139 combat sex trafficking in that county, including identifying and investigating sex
140140 trafficking, supporting victims, and raising community awareness.
141141 SECTION 5. 66.0511 (title) of the statutes is amended to read:
142142 66.0511 (title) Law enforcement agency agencies; certain policies on
143143 use of force and citizen complaint procedures.
144144 SECTION 6. 66.0511 (4) of the statutes is created to read:
145145 66.0511 (4) HUMAN TRAFFICKING PREVENTION AND ENFORCEMENT. (a) In each
146146 political subdivision with a population of 10,000 or more, the person in charge of the
147147 law enforcement agency for that political subdivision shall designate a law
148148 enforcement officer of the law enforcement agency to coordinate the law enforcement
149149 agency's human trafficking prevention and enforcement efforts and notify the law
150150 enforcement standards board of that officer's designation for the purpose of
151151 maintaining the list under s. 165.85 (3m) (d).
152152 (b) The person designated under par. (a) shall, on an annual basis, complete the
153153 human trafficking training course developed under s. 165.85 (4) (ef).
154154 SECTION 7. 165.25 (21) of the statutes is created to read:
155155 165.25 (21) SEX TRAFFICKING ASSESSMENT. Assess sex trafficking activities in
156156 each county, track averages across counties, and determine whether a county is
157157 experiencing above-average sex trafficking activities.
158158 SECTION 8. 165.29 of the statutes is created to read:
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185185 SECTION 8
186186 SENATE BILL 954
187187 165.29 Human trafficking council. The human trafficking council shall do
188188 all of the following:
189189 (1) Compile and maintain an inventory of human trafficking prevention
190190 programs and services in this state and develop, maintain, and keep current an
191191 online database to share information among counties, law enforcement agencies,
192192 state agencies that have responsibilities relating to sex trafficking, and
193193 organizations that provide human trafficking prevention programs and services or
194194 victim support programs and services. The database shall include an online portal
195195 that is accessible by each such entity. The database shall report information
196196 gathered under subs. (1) to (3).
197197 (2) On an annual basis, review and assess the efficacy of the expenditure of
198198 state funds allocated to human trafficking prevention.
199199 (3) Compile data on human trafficking offenses committed in this state,
200200 including the annual number of arrests, prosecutions, and convictions for human
201201 trafficking offenses under s. 940.302 or 948.051.
202202 (4) Using data compiled under sub. (3), assess sex trafficking activities in each
203203 county, track averages across counties, and determine whether a county is
204204 experiencing above-average sex trafficking activities.
205205 (5) In consultation with the appropriate state agencies, assess the regulation
206206 and oversight of facilities that provide residential care in a congregate living
207207 environment, including community-based residential facilities, as defined in s.
208208 50.01 (1g), and group homes licensed under s. 48.625, as it relates to victims of
209209 human trafficking.
210210 (6) Assess the frequency and extent to which social media platforms are used
211211 to assist, facilitate, or support human trafficking in this state; establish a process to
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238238 SECTION 8 SENATE BILL 954
239239 detect such use on a consistent basis; and develop recommendations on how to stop,
240240 reduce, or prevent social media platforms from being used for human trafficking
241241 purposes.
242242 (7) Develop a state strategic plan for preventing human trafficking, providing
243243 resources for law enforcement initiatives, providing resources to organizations that
244244 provide human trafficking prevention programs and services or human trafficking
245245 victim support services programs and services, and creating or providing access to
246246 relevant training programs for law enforcement or such organizations.
247247 (8) In consultation with the department of justice, develop a model protocol for
248248 interviewing and interacting with individuals who are victims of human trafficking
249249 offenses under s. 940.302 or 948.051.
250250 (9) Consult with and assist the law enforcement standards board in
251251 establishing a training course for law enforcement officers relating to preventing,
252252 recognizing, and investigating human trafficking, apprehending and prosecuting
253253 human traffickers, and coordinating human trafficking response efforts with other
254254 law enforcement agencies and organizations, as required under s. 165.85 (4) (ef).
255255 (10) Develop a model training program for counties relating to reducing
256256 interest in solicitation by individuals who solicit prostitutes.
257257 (11) (a) By July 1 of each year, submit to the chief clerk of each house of the
258258 legislature for distribution to the legislature under s. 13.172 (2) and post on the
259259 department of justice's website a report that summarizes the data collected by and
260260 activities of the council during the previous year.
261261 (b) In the 3rd report submitted under par. (a), include a recommendation as to
262262 whether the council should continue to operate after the first day of the 48th month
263263 beginning after the effective date of this paragraph .... [LRB inserts date], and
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291291 SECTION 8
292292 SENATE BILL 954
293293 recommendations relating to moving the council's ongoing initiatives to state
294294 agencies.
295295 SECTION 9. 165.29 of the statutes, as created by 2023 Wisconsin Act .... (this
296296 act), is repealed.
297297 SECTION 10. 165.85 (3m) (d) of the statutes is created to read:
298298 165.85 (3m) (d) Maintain a list of law enforcement officers designated under
299299 s. 66.0511 (4) (a) to coordinate human trafficking prevention and enforcement
300300 efforts.
301301 SECTION 11. 165.85 (4) (a) 7. d. of the statutes is created to read:
302302 165.85 (4) (a) 7. d. Hours of training completed by human trafficking
303303 coordinating officers required under s. 66.0511 (4) (b) shall count towards the hours
304304 of training required under subd. 7. a.
305305 SECTION 12. 165.85 (4) (ef) of the statutes is created to read:
306306 165.85 (4) (ef) 1. The board shall, in consultation with the human trafficking
307307 council, establish a training course for law enforcement officers relating to
308308 preventing, recognizing, and investigating human trafficking, apprehending and
309309 prosecuting human traffickers, and coordinating human trafficking response efforts
310310 with other law enforcement agencies and organizations. The board shall review and,
311311 if considered appropriate by the board, revise the training course established under
312312 this subdivision not later than June 30 of each odd-numbered year after the training
313313 course is established. Notwithstanding s. 227.10 (1), the training course need not be
314314 promulgated as rules under ch. 227.
315315 SECTION 13. 165.85 (4) (ef) of the statutes, as created by 2023 Wisconsin Act
316316 .... (this act), is amended to read:
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342342 SECTION 13 SENATE BILL 954
343343 165.85 (4) (ef) The board shall, in consultation with the human trafficking
344344 council, establish a training course for law enforcement officers relating to
345345 preventing, recognizing, and investigating human trafficking, apprehending and
346346 prosecuting human traffickers, and coordinating human trafficking response efforts
347347 with other law enforcement agencies and organizations. The board shall review and,
348348 if considered appropriate by the board, revise the training course established under
349349 this subdivision not later than June 30 of each odd-numbered year after the training
350350 course is established. Notwithstanding s. 227.10 (1), the training course need not be
351351 promulgated as rules under ch. 227.
352352 SECTION 14.0Effective dates. This act takes effect on the day after publication,
353353 except as follows:
354354 (1) The treatment of s. 165.25 (21), the repeal of ss. 15.257 (3) and 165.29, and
355355 the amendment of ss. 59.54 (29) and 165.85 (4) (ef) take effect on the first day of the
356356 48th month beginning after publication.
357357 (END)
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