Bill Summary – FastDemocracy

2021 - 2022 LEGISLATURE
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                     2021 SENATE BILL 245
    March 24, 2021 - Introduced by Senators DARLING, JOHNSON, BERNIER, CARPENTER,
        COWLES, ERPENBACH, JACQUE, LARSON, PFAFF, RINGHAND, ROYS, SMITH, L.
        TAYLOR and BALLWEG, cosponsored by Representatives BILLINGS, KITCHENS,
        ARMSTRONG, BALDEH, BOWEN, CABRERA, CONSIDINE, CONLEY, EMERSON,
        HAYWOOD, HEBL, HESSELBEIN, KRUG, B. MEYERS, MOSES, MURSAU, NEUBAUER,
        NOVAK, ORTIZ-VELEZ, ROZAR, S. RODRIGUEZ, SHANKLAND, SHELTON, SINICKI,
        SKOWRONSKI, SPIROS, SPREITZER, STEFFEN, SUBECK, TUSLER, VINING and
        WICHGERS. Referred to Committee on Judiciary and Public Safety.
1   AN ACT to amend 51.20 (13) (cr), 165.76 (1) (am), 938.34 (15) (a) 1., 944.30 (1m)
2        (intro.), 944.30 (2m) and 973.015 (2m) (intro.) of the statutes; relating to:
3        prosecuting or adjudicating delinquent a person under the age of 18 for
4        committing an act of prostitution.
                     Analysis by the Legislative Reference Bureau
          Under current law, a person who is under the age of 18 may be prosecuted or
    adjudicated delinquent for committing an act of prostitution, a Class A
    misdemeanor. Under this bill, a person who is under the age of 18 may not be
    prosecuted or adjudicated delinquent for committing an act of prostitution. This bill
    also eliminates the option under current law in cases where a person under the age
    of 18 has committed an act of prostitution for a court to enter a consent decree under
    the Juvenile Justice Code, or a deferred prosecution agreement under the Juvenile
    Justice Code or adult criminal statutes, if the court determines that a consent decree
    or deferred prosecution agreement will serve the best interests of the person being
    prosecuted and will not harm society.
    The people of the state of Wisconsin, represented in senate and assembly, do
        enact as follows:
5        SECTION 1. 51.20 (13) (cr) of the statutes is amended to read:
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     SENATE BILL 245                                                              SECTION 1
 1        51.20 (13) (cr) If the subject individual is before the court on a petition filed
 2   under a court order under s. 938.30 (5) (c) 1. and is found to have committed a
 3   violation that would be a felony if committed by an adult in this state or a violation
 4   of s. 940.225 (3m), 941.20 (1), 944.20, 944.30 (1m), 944.31 (1), 944.33, 946.52, or
 5   948.10 (1) (b), the court shall require the individual to provide a biological specimen
 6   to the state crime laboratories for deoxyribonucleic acid analysis. The court shall
 7   inform the individual that he or she may request expungement under s. 165.77 (4).
 8        SECTION 2. 165.76 (1) (am) of the statutes is amended to read:
 9        165.76 (1) (am) Is or was adjudicated delinquent for an act that if committed
10   by an adult in this state would be a felony or for a violation of s. 940.225 (3m), 941.20
11   (1), 944.20, 944.30 (1m), 944.31 (1), 944.33, 946.52, or 948.10 (1) (b).
12        SECTION 3. 938.34 (15) (a) 1. of the statutes is amended to read:
13        938.34 (15) (a) 1. If the juvenile is adjudicated delinquent on the basis of a
14   violation that would be a felony if committed by an adult in this state or of a violation
15   of s. 940.225 (3m), 941.20 (1), 944.20, 944.30 (1m), 944.31 (1), 944.33, 946.52, or
16   948.10 (1) (b), the court shall require the juvenile to comply with the requirement
17   under s. 165.76 (1) (am) by providing a biological specimen to the state crime
18   laboratories for deoxyribonucleic acid analysis. The court shall inform the juvenile
19   that he or she may request expungement under s. 165.77 (4).
20        SECTION 4. 944.30 (1m) (intro.) of the statutes is amended to read:
21        944.30 (1m) (intro.) Any Except as provided in sub. (2m), any person who
22   intentionally does any of the following is guilty of a Class A misdemeanor:
23        SECTION 5. 944.30 (2m) of the statutes is amended to read:
24        944.30 (2m) If the person A person may not be prosecuted under sub. (1m) this
25   section if he or she has not attained the age of 18 years and if the court determines
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     SENATE BILL 245                                                           SECTION 5
 1   that the best interests of the person are served and society will not be harmed, the
 2   court may enter a consent decree under s. 938.32 or a deferred prosecution
 3   agreement in accordance with s. 938.245, 971.39, or 971.40 at the time he or she
 4   commits an offense under sub. (1m).
 5        SECTION 6. 973.015 (2m) (intro.) of the statutes is amended to read:
 6        973.015 (2m) (intro.)     At any time after a person has been convicted,
 7   adjudicated delinquent, or found not guilty by reason of mental disease or defect for
 8   a violation of s. 944.30, a court may, upon the motion of the person, vacate the
 9   conviction, adjudication, or finding, or may order that the record of the violation of
10   s. 944.30 be expunged, if all of the following apply:
11        SECTION 7.0Initial applicability.
12        (1) This act first applies to a violation committed on the effective date of this
13   subsection.
14                                        (END)
Statutes affected: 
Bill Text: 51.20(13)(cr), 51.20, 165.76(1)(am), 165.76, 938.34(15)(a)1, 938.34, 944.30(1m)(intro.), 944.30, 944.30(2m), 973.015(2m)(intro.), 973.015