2023 - 2024 LEGISLATURE
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2023 ASSEMBLY BILL 129
March 24, 2023 - Introduced by Representatives DITTRICH, SUBECK, PENTERMAN,
KRUG, GUNDRUM, BODDEN, ROZAR, EMERSON, RODRIGUEZ, SCHUTT, KITCHENS,
SINICKI, ANDRACA, BROOKS, GREEN, JOERS, BRANDTJEN, ORTIZ-VELEZ, CONLEY,
GUSTAFSON, JACOBSON, ALLEN, J. ANDERSON, CLANCY, C. ANDERSON, OHNSTAD,
MADISON, CONSIDINE, S. JOHNSON, BALDEH, SHANKLAND, MURSAU and STUBBS,
cosponsored by Senators BALLWEG, AGARD, ROYS, HESSELBEIN, SPREITZER,
STROEBEL, LARSON, WIRCH and MARKLEIN. Referred to Committee on Criminal
Justice and Public Safety.
1 AN ACT to amend 940.225 (2) (j) and 940.225 (5) (abm) of the statutes; relating
2 to: sexual assault by a health care provider and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, it is a Class C felony for a person who is a licensee, employee,
or nonclient resident of an entity that provides various welfare, foster, adoption, and
health services, including a hospital, to have sexual contact or sexual intercourse
with a client of the entity. Under some but not all circumstances, this prohibition
applies to various health care providers and their clients. Under this bill, it is also
a Class C felony for a health care provider to have sexual contact or sexual
intercourse with a client.
Under current law, with some exceptions, a person is required to register as a
sex offender for certain crimes that are sexually motivated. Under the bill, the new
offense of sexual contact or sexual intercourse by a health care provider is subject to
this provision.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
3 SECTION 1. 940.225 (2) (j) of the statutes is amended to read:
 2023 - 2024 Legislature -2- LRB-0726/1
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ASSEMBLY BILL 129 SECTION 1
1 940.225 (2) (j) Is a licensee, employee, or nonclient resident of an entity, as
2 defined in s. 48.685 (1) (b) or 50.065 (1) (c), and has sexual contact or sexual
3 intercourse with a client of the entity, or is a health care provider under s. 146.81 (1)
4 (a) to (hp) and has sexual contact or sexual intercourse with a client.
5 SECTION 2. 940.225 (5) (abm) of the statutes is amended to read:
6 940.225 (5) (abm) “Client" means an individual who receives direct care or
7 treatment services from a health care provider or an entity.
8 (END)


Statutes affected:
Bill Text: 940.225(2)(j), 940.225, 940.225(5)(abm)