Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB91 Compare Versions

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

Old	New	Differences
1	1	2025 - 2026 LEGISLATURE
2	2	LRB-2201/1
3	3	CMH:cjs
4	4	2025 SENATE BILL 91
5	5	March 7, 2025 - Introduced by Senator JACQUE, cosponsored by Representatives
6	6	SORTWELL, ALLEN, BEHNKE, GOEBEN, GUNDRUM, KNODL, KREIBICH, MURPHY,
7	7	MURSAU and WICHGERS. Referred to Committee on Judiciary and Public
8	8	Safety.
9	9	AN ACT to renumber and amend 948.051 (1) and 948.051 (2); to amend
10	10	302.114 (1), 303.065 (1) (b) 2., 304.02 (5) and 973.014 (2); to create 948.051 (1)
11	11	(b) and 948.051 (2) (a) and (b) of the statutes; relating to: imposing the
12	12	penalty of life imprisonment for the crime of child trafficking and providing a
13	13	penalty.
14	14	Analysis by the Legislative Reference Bureau
15	15	Under current law, a person who is convicted of the crime of trafficking a child,
16	16	or who knowingly benefits from the crime of trafficking a child, is guilty of a Class
17	17	C felony. This bill increases the penalty to a Class A felony if the crime involved at
18	18	least three victims who were children at the time the crime was committed. A Class
19	19	A felony carries a penalty of life imprisonment.
20	20	Under current law, the court must impose a bifurcated sentence on a person
21	21	who is being sentenced for a felony that was committed on or after December 31,
22	22	1999. A bifurcated sentence is a sentence that comprises a term of confinement in
23	23	prison followed by a term of extended supervision in the community. Under current
24	24	law, a court that sentences a person who has been convicted of a Class A felony
25	25	committed on or after December 31, 1999, must determine one of the following: 1)
26	26	the person is eligible for release to extended supervision after serving a 20-year
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31	31	5 2025 - 2026 Legislature
32	32	SENATE BILL 91
33	33	- 2 - LRB-2201/1
34	34	CMH:cjs
35	35	SECTION 1
36	36	term of confinement in prison; 2) the person is eligible for release to extended
37	37	supervision on a certain date that is after the person serves a 20-year term of
38	38	confinement in prison; or 3) the person is not eligible for release to extended
39	39	supervision. Under this bill, a person is not eligible for release to extended
40	40	supervision if the person is convicted of a Class A felony violation of trafficking a
41	41	child.
42	42	Because this bill creates a new crime or revises a penalty for an existing crime,
43	43	the Joint Review Committee on Criminal Penalties may be requested to prepare a
44	44	report.
45	45	For further information see the state and local fiscal estimate, which will be
46	46	printed as an appendix to this bill.
47	47	The people of the state of Wisconsin, represented in senate and assembly, do
48	48	enact as follows:
49	49	SECTION 1. 302.114 (1) of the statutes is amended to read:
50	50	302.114 (1) An inmate is subject to this section if he or she is serving a life
51	51	sentence imposed under s. 973.014 (1g) (a) 1. or 2. An inmate serving a life sentence
52	52	under s. 939.62 (2m), 948.051 (1) (b) or (2) (b), or 973.014 (1g) (a) 3. is not eligible for
53	53	release to extended supervision under this section.
54	54	SECTION 2. 303.065 (1) (b) 2. of the statutes is amended to read:
55	55	303.065 (1) (b) 2. A person serving a life sentence under s. 939.62 (2m) (c),
56	56	948.051 (1) (b) or (2) (b), or 973.014 (1) (c) or (1g) (a) 3. may not be considered for
57	57	work release.
58	58	SECTION 3. 304.02 (5) of the statutes is amended to read:
59	59	304.02 (5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life
60	60	sentence under s. 939.62 (2m) (c), 948.051 (1) (b) or (2) (b), or 973.014 (1) (c) or (1g)
61	61	is not eligible for release to parole supervision under this section.
62	62	SECTION 4. 948.051 (1) of the statutes is renumbered 948.051 (1) (intro.) and
63	63	amended to read:
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78	78	15 2025 - 2026 Legislature
79	79	SENATE BILL 91
80	80	- 3 - LRB-2201/1
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82	82	SECTION 4
83	83	948.051 (1) (intro.) Whoever knowingly recruits, entices, provides, obtains,
84	84	sells, purchases, harbors, transports, transfers, receives, patronizes, or solicits,
85	85	isolates, holds, confines, or deprives of liberty or knowingly attempts to recruit,
86	86	entice, provide, obtain, sell, purchase, harbor, transport, transfer, receive,
87	87	patronize, or solicit, isolate, hold, confine, or deprive of liberty any child for the
88	88	purpose of commercial sex acts, as defined in s. 940.302 (1) (a), is guilty of a the
89	89	following:
90	90	(a) Except as provided in par. (b), a Class C felony.
91	91	SECTION 5. 948.051 (1) (b) of the statutes is created to read:
92	92	948.051 (1) (b) If the act involves at least 3 victims who are children at the
93	93	time the act is committed, a Class A felony. The term of imprisonment is life
94	94	imprisonment without the possibility of extended supervision.
95	95	SECTION 6. 948.051 (2) of the statutes is renumbered 948.051 (2) (intro.) and
96	96	amended to read:
97	97	948.051 (2) (intro.) Whoever benefits in any manner from a violation of sub.
98	98	(1) is guilty of a Class C felony the following if the person knows that the benefits
99	99	come from an act described in sub. (1).:
100	100	SECTION 7. 948.051 (2) (a) and (b) of the statutes are created to read:
101	101	948.051 (2) (a) Except as provided in par. (b), a Class C felony.
102	102	(b) If the violation involves at least 3 victims who are children at the time of
103	103	the violation, a Class A felony. The term of imprisonment is life imprisonment
104	104	without the possibility of extended supervision.
105	105	SECTION 8. 973.014 (2) of the statutes is amended to read:
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128	128	23 2025 - 2026 Legislature
129	129	SENATE BILL 91
130	130	- 4 - LRB-2201/1
131	131	CMH:cjs
132	132	SECTION 8
133	133	973.014 (2) When a court sentences a person to life imprisonment under s.
134	134	939.62 (2m) (c), the court shall provide that the sentence is without the possibility
135	135	of parole or extended supervision. When a court sentences a person to life
136	136	imprisonment under s. 948.051 (1) (b) or (2) (b), the court shall provide that the
137	137	sentence is without the possibility of extended supervision.
138	138	SECTION 9. Initial applicability.
139	139	(1) This act first applies to offenses that are committed on the effective date of
140	140	this subsection.
141	141	(END)
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