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2023 - 2024 LEGISLATURE
2023 SENATE BILL 954
January 26, 2024 - Introduced by Senators WIMBERGER, KNODL and TOMCZYK,
cosponsored by Representatives O'CONNOR, S. JOHNSON, PLUMER, MAXEY,
GUNDRUM, MURSAU, KITCHENS, CALLAHAN, DITTRICH, BEHNKE, EDMING, SCHRAA
and HURD. Referred to Committee on Judiciary and Public Safety.
AN ACT to repeal 15.257 (3) and 165.29; to amend 59.54 (29), 66.0511 (title) and
165.85 (4) (ef); and to create 15.257 (3), 59.54 (29), 66.0511 (4), 165.25 (21),
165.29, 165.85 (3m) (d), 165.85 (4) (a) 7. d. and 165.85 (4) (ef) of the statutes;
relating to: creation of a Human Trafficking Council and requiring the
establishment of county sex trafficking task forces.
Analysis by the Legislative Reference Bureau
This bill creates a Human Trafficking Council attached to the Department of
Justice. Under the bill, the council consists of the following members: the secretary
or a designee of the Departments of Children and Families, Public Instruction, and
Transportation; the state public defender, or his or her designee; one district
attorney; one chief of police; two sheriffs; four representatives of organizations that
provide human trafficking victim support services; one representative of the Office
of Crime Victim Services; and one representative of the Internet Crimes Against
Children task forces.
The duties of the Human Trafficking Council are to compile an inventory of
human trafficking prevention programs and services and maintain an online
database to share information about human trafficking; review and assess the
efficacy of the expenditure of state funds for human trafficking prevention; compile
and analyze data about human trafficking arrests and prosecutions; assess sex
trafficking activities in each county, track averages across counties, and determine
whether a county is experiencing above-average sex trafficking activities; assess the
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regulation and oversight of facilities that provide residential care in a congregate
living environment; assess the use of social media platforms for human trafficking
purposes in the state and develop recommendations on how to stop, reduce, or
prevent such use; develop a state strategic plan for reducing human trafficking
generally; and develop various protocols and training programs relating to human
trafficking.
This bill requires any county that is determined by the Human Trafficking
Council to be experiencing above-average sex trafficking activities to establish a sex
trafficking task force to combat sex trafficking in that county. The bill also requires
each law enforcement agency in a political subdivision with a population of 10,000
or more to designate an officer to coordinate the agency's human trafficking
prevention and enforcement efforts and requires that designated officer to complete
training that must be established by the Law Enforcement Standards Board relating
to human trafficking prevention and enforcement.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 15.257 (3) of the statutes is created to read:
15.257 (3) HUMAN TRAFFICKING COUNCIL. There is created in the department of
justice a human trafficking council consisting of the following members:
(a) The secretary of children and families, or his or her designee.
(b) The secretary of public instruction, or his or her designee.
(c) The secretary of transportation, or his or her designee.
(d) The state public defender, or his or her designee.
(e) To be appointed by the Wisconsin District Attorneys Association, one district
attorney holding office in this state.
(f) To be appointed by the Wisconsin Chiefs of Police Association, one chief of
police or chief of a combined protective services department holding office in this
state.
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(g) To be appointed by the Badger State Sheriffs' Association, one sheriff
holding office in this state.
(h) To be appointed by the Wisconsin Sheriffs and Deputy Sheriffs Association,
one sheriff holding office in this state.
(i) To be appointed by the attorney general, 4 representatives of organizations
that provide human trafficking victim support services. The representatives
appointed under this paragraph shall be from organizations that serve different
geographic areas of the state, including both urban and rural communities.
(j) One representative of the office of crime victim services.
(k) One representative of the Internet Crimes Against Children task forces.
SECTION 2. 15.257 (3) of the statutes, as created by 2023 Wisconsin Act .... (this
act), is repealed.
SECTION 3. 59.54 (29) of the statutes is created to read:
59.54 (29) SEX TRAFFICKING TASK FORCES. In any county that is determined by
the human trafficking council under s. 165.29 (4) to be experiencing above-average
sex trafficking activities, the board shall establish a sex trafficking task force that
includes representatives from law enforcement agencies, county departments, and
local nonprofit groups. A county sex trafficking task force established under this
subsection shall coordinate efforts to combat sex trafficking in that county, including
identifying and investigating sex trafficking, supporting victims, and raising
community awareness.
SECTION 4. 59.54 (29) of the statutes, as created by 2023 Wisconsin Act .... (this
act), is amended to read:
59.54 (29) SEX TRAFFICKING TASK FORCES. In any county that is determined by
the human trafficking council under s. 165.29 (4) the department of justice under s.
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SECTION 4 SENATE BILL 954
165.25 (21) to be experiencing above-average sex trafficking activities, the board
shall establish a sex trafficking task force that includes representatives from law
enforcement agencies, county departments, and local nonprofit groups. A county sex
trafficking task force established under this subsection shall coordinate efforts to
combat sex trafficking in that county, including identifying and investigating sex
trafficking, supporting victims, and raising community awareness.
SECTION 5. 66.0511 (title) of the statutes is amended to read:
66.0511 (title) Law enforcement agency agencies; certain policies on
use of force and citizen complaint procedures.
SECTION 6. 66.0511 (4) of the statutes is created to read:
66.0511 (4) HUMAN TRAFFICKING PREVENTION AND ENFORCEMENT. (a) In each
political subdivision with a population of 10,000 or more, the person in charge of the
law enforcement agency for that political subdivision shall designate a law
enforcement officer of the law enforcement agency to coordinate the law enforcement
agency's human trafficking prevention and enforcement efforts and notify the law
enforcement standards board of that officer's designation for the purpose of
maintaining the list under s. 165.85 (3m) (d).
(b) The person designated under par. (a) shall, on an annual basis, complete the
human trafficking training course developed under s. 165.85 (4) (ef).
SECTION 7. 165.25 (21) of the statutes is created to read:
165.25 (21) SEX TRAFFICKING ASSESSMENT. Assess sex trafficking activities in
each county, track averages across counties, and determine whether a county is
experiencing above-average sex trafficking activities.
SECTION 8. 165.29 of the statutes is created to read:
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SECTION 8
SENATE BILL 954
165.29 Human trafficking council. The human trafficking council shall do
all of the following:
(1) Compile and maintain an inventory of human trafficking prevention
programs and services in this state and develop, maintain, and keep current an
online database to share information among counties, law enforcement agencies,
state agencies that have responsibilities relating to sex trafficking, and
organizations that provide human trafficking prevention programs and services or
victim support programs and services. The database shall include an online portal
that is accessible by each such entity. The database shall report information
gathered under subs. (1) to (3).
(2) On an annual basis, review and assess the efficacy of the expenditure of
state funds allocated to human trafficking prevention.
(3) Compile data on human trafficking offenses committed in this state,
including the annual number of arrests, prosecutions, and convictions for human
trafficking offenses under s. 940.302 or 948.051.
(4) Using data compiled under sub. (3), assess sex trafficking activities in each
county, track averages across counties, and determine whether a county is
experiencing above-average sex trafficking activities.
(5) In consultation with the appropriate state agencies, assess the regulation
and oversight of facilities that provide residential care in a congregate living
environment, including community-based residential facilities, as defined in s.
50.01 (1g), and group homes licensed under s. 48.625, as it relates to victims of
human trafficking.
(6) Assess the frequency and extent to which social media platforms are used
to assist, facilitate, or support human trafficking in this state; establish a process to
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detect such use on a consistent basis; and develop recommendations on how to stop,
reduce, or prevent social media platforms from being used for human trafficking
purposes.
(7) Develop a state strategic plan for preventing human trafficking, providing
resources for law enforcement initiatives, providing resources to organizations that
provide human trafficking prevention programs and services or human trafficking
victim support services programs and services, and creating or providing access to
relevant training programs for law enforcement or such organizations.
(8) In consultation with the department of justice, develop a model protocol for
interviewing and interacting with individuals who are victims of human trafficking
offenses under s. 940.302 or 948.051.
(9) Consult with and assist the law enforcement standards board in
establishing a training course for law enforcement officers relating to preventing,
recognizing, and investigating human trafficking, apprehending and prosecuting
human traffickers, and coordinating human trafficking response efforts with other
law enforcement agencies and organizations, as required under s. 165.85 (4) (ef).
(10) Develop a model training program for counties relating to reducing
interest in solicitation by individuals who solicit prostitutes.
(11) (a) By July 1 of each year, submit to the chief clerk of each house of the
legislature for distribution to the legislature under s. 13.172 (2) and post on the
department of justice's website a report that summarizes the data collected by and
activities of the council during the previous year.
(b) In the 3rd report submitted under par. (a), include a recommendation as to
whether the council should continue to operate after the first day of the 48th month
beginning after the effective date of this paragraph .... [LRB inserts date], and
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SECTION 8
SENATE BILL 954
recommendations relating to moving the council's ongoing initiatives to state
agencies.
SECTION 9. 165.29 of the statutes, as created by 2023 Wisconsin Act .... (this
act), is repealed.
SECTION 10. 165.85 (3m) (d) of the statutes is created to read:
165.85 (3m) (d) Maintain a list of law enforcement officers designated under
s. 66.0511 (4) (a) to coordinate human trafficking prevention and enforcement
efforts.
SECTION 11. 165.85 (4) (a) 7. d. of the statutes is created to read:
165.85 (4) (a) 7. d. Hours of training completed by human trafficking
coordinating officers required under s. 66.0511 (4) (b) shall count towards the hours
of training required under subd. 7. a.
SECTION 12. 165.85 (4) (ef) of the statutes is created to read:
165.85 (4) (ef) 1. The board shall, in consultation with the human trafficking
council, establish a training course for law enforcement officers relating to
preventing, recognizing, and investigating human trafficking, apprehending and
prosecuting human traffickers, and coordinating human trafficking response efforts
with other law enforcement agencies and organizations. The board shall review and,
if considered appropriate by the board, revise the training course established under
this subdivision not later than June 30 of each odd-numbered year after the training
course is established. Notwithstanding s. 227.10 (1), the training course need not be
promulgated as rules under ch. 227.
SECTION 13. 165.85 (4) (ef) of the statutes, as created by 2023 Wisconsin Act
.... (this act), is amended to read:
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SECTION 13 SENATE BILL 954
165.85 (4) (ef) The board shall, in consultation with the human trafficking
council, establish a training course for law enforcement officers relating to
preventing, recognizing, and investigating human trafficking, apprehending and
prosecuting human traffickers, and coordinating human trafficking response efforts
with other law enforcement agencies and organizations. The board shall review and,
if considered appropriate by the board, revise the training course established under
this subdivision not later than June 30 of each odd-numbered year after the training
course is established. Notwithstanding s. 227.10 (1), the training course need not be
promulgated as rules under ch. 227.
SECTION 14.0Effective dates. This act takes effect on the day after publication,
except as follows:
(1) The treatment of s. 165.25 (21), the repeal of ss. 15.257 (3) and 165.29, and
the amendment of ss. 59.54 (29) and 165.85 (4) (ef) take effect on the first day of the
48th month beginning after publication.
(END)
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