LRB-4299/1
EHS:kjf
2015 - 2016 LEGISLATURE
January 22, 2016 - Introduced by Senators Harsdorf, Olsen, Ringhand, Vinehout,
Lasee, Wirch, Harris Dodd, C. Larson, Hansen and Risser, cosponsored by
Representatives Loudenbeck, Billings, Johnson, Ballweg, Berceau,
Considine, Duchow, Goyke, Jacque, Kleefisch, Knodl, Kolste, Kremer,
Kulp, T. Larson, Neylon, Pope, Schraa, Subeck, Tranel, Rohrkaste and
Petryk. Referred to Committee on Judiciary and Public Safety.
SB618,1,8 1An Act to amend 48.981 (3) (a) 2d., 48.981 (3) (c) 1. a., 938.371 (3) (d) and 948.051
2(1); and to create 48.02 (1) (cm), 48.355 (2d) (b) 3m., 48.981 (3) (a) 2. bm. and
3938.355 (2d) (b) 3m. of the statutes; relating to: the crime of child sex
4trafficking, the inclusion of child sex trafficking in the definition of child abuse,
5the investigation of a child abuse report in which a person who is not a caregiver
6of the child is suspected of permitting, allowing, or encouraging the child to
7engage in prostitution or of child sex trafficking for purposes of a commercial
8sex act, and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill expands what constitutes the crime of child sex trafficking, includes
child sex trafficking under the definition of abuse in the Children's Code, requires
the reporting and investigation of certain suspected child abuse cases involving
prostitution or child sex trafficking, and makes changes to the information required
to be in a court order or provided to a care provider when a child is placed outside the
home.
Under current law, a person is guilty of child sex trafficking if he or she
knowingly recruits, entices, provides, obtains, or harbors, or knowingly attempts to
recruit, entice, provide, obtain, or harbor, any child for the purpose of commercial sex

acts. This bill adds transporting or knowingly attempting to transport any child for
the purpose of commercial sex acts to this crime.
Under current law, certain sex crimes committed against a child are included
in the definition of "abuse" in the Children's Code. Those sex crimes are first-degree
to fourth-degree sexual assault, sexual assault of a child, repeated sexual assault of
a child, sexual assault of a child placed in substitute care, sexual exploitation of a
child, causing a child to view or listen to sexual activity, and causing a child to expose
his or her genitals or exposing one's genitals to a child, and permitting, allowing, or
encouraging a child to engage in prostitution.
This bill adds child sex trafficking to the definition of "abuse" in the Children's
Code. As such, a child who is the victim of child sex trafficking may be the subject
of a child in need of protection or services petition alleging that the child is a victim
of abuse.
Under current law, certain persons having reasonable cause to suspect that a
child seen in the course of professional duties has been abused must report that
suspected abuse to the sheriff or police department or to the county department of
human services or social services or, in Milwaukee County, the Department of
Children and Families (DCF) or a child welfare agency under contract with DCF
(collectively "agency"). Current law also permits any other person having reason to
suspect that a child has been abused to make such a report.
Current law requires the sheriff or police department to refer to an agency all
cases of child abuse reported to it in which a caregiver is suspected of the abuse or
of facilitating or failing to take action to prevent the suspected abuse and all cases
in which it cannot be determined who abused the child. Then, within 24 hours after
receiving the referral, the agency must initiate a diligent investigation to determine
if the child is in need of protection or services. Current law, however, permits, rather
than requires, the sheriff or police department to refer to an agency a case in which
a person who is not a caregiver of a child is suspected of the abuse of the child and
permits, rather than requires, the agency to initiate a diligent investigation to
determine if the child is in need of protection or services.
This bill requires the sheriff or police department to refer to an agency, and the
agency to investigate, a case of child abuse in which a person who is not a caregiver
of the child is suspected of permitting, allowing, or encouraging the child to engage
in prostitution or of trafficking a child for purposes of a commercial sex act.
Under current law, if the court assigned to exercise jurisdiction under the
Children's Code or Juvenile Justice Code (juvenile court) finds that a child or juvenile
is in need of protection or services, the judge must enter an order deciding one or more
of the dispositions of the case under a care and treatment plan, including placement
and treatment. If the child or juvenile is placed outside the home, the order must
include a finding as to whether the agency has made reasonable efforts to prevent
the removal of the child or juvenile from the home, while assuring that the health
and safety of the child or juvenile are the paramount concerns. However, the juvenile
court is not required to include this finding if the juvenile court finds, among other
things, that the parent has been convicted of certain crimes, such as homicide or
attempted homicide, battery, sexual assault, or physical abuse and that the victim

is a child of the parent. This bill includes among these crimes child sex trafficking
if the victim is a child of the parent.
Under current law, under the Children's Code and Juvenile Justice Code, when
a child is placed in a foster home, group home, or residential care center for children
and youth or in the home of a relative other than a parent (substitute care provider),
the agency must provide to the substitute care provider certain information
contained in the court report or permanency plan. This bill includes information on
any involvement of the child, whether as victim or perpetrator, in certain sex crimes
if the information is necessary for the care of the child or for the protection of any
person under the care of the substitute care provider. In the Children's Code, these
sex crimes include sex trafficking and child sex trafficking. This bill adds the same
requirement under the Juvenile Justice Code for when a juvenile who has been
involved in sex trafficking or child sex trafficking is placed in the care of a substitute
care provider.
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:
SB618,1 1Section 1. 48.02 (1) (cm) of the statutes is created to read:
SB618,3,22 48.02 (1) (cm) A violation of s. 948.051.
SB618,2 3Section 2. 48.355 (2d) (b) 3m. of the statutes is created to read:
SB618,3,74 48.355 (2d) (b) 3m. That the parent has committed a violation of s. 948.051 or
5a violation of the law of any other state or federal law, if that violation would be a
6violation of s. 948.051 if committed in this state, as evidenced by a final judgment of
7conviction, and that the victim of that violation is a child of the parent.
SB618,3 8Section 3. 48.981 (3) (a) 2. bm. of the statutes is created to read:
SB618,3,109 48.981 (3) (a) 2. bm. Cases in which a person who is not a caregiver is suspected
10of abuse, as defined in s. 48.02 (1) (cm) or (d), of a child.
SB618,4 11Section 4. 48.981 (3) (a) 2d. of the statutes is amended to read:
SB618,4,412 48.981 (3) (a) 2d. The Except when referral is required under subd. 2. bm., the
13sheriff or police department may refer to the county department or, in a county

1having a population of 500,000 or more, the department or a licensed child welfare
2agency under contract with the department a case reported to the sheriff or police
3department in which a person who is not a caregiver is suspected of abuse or of
4threatened abuse of a child.
SB618,5 5Section 5. 48.981 (3) (c) 1. a. of the statutes is amended to read:
SB618,5,66 48.981 (3) (c) 1. a. Immediately after receiving a report under par. (a), the
7agency shall evaluate the report to determine whether there is reason to suspect that
8a caregiver has abused or neglected the child, has threatened the child with abuse
9or neglect, or has facilitated or failed to take action to prevent the suspected or
10threatened abuse or neglect of the child or that a person who is not a caregiver has
11committed or threatened abuse, as defined in s. 48.02 (1) (cm) or (d), of the child
.
12Except as provided in sub. (3m), if the agency determines that a caregiver is
13suspected of abuse or neglect or, of threatened abuse or neglect of the child,
14determines that a caregiver is suspected
, or of facilitating or failing to take action to
15prevent the suspected or threatened abuse or neglect of the child,; determines that
16a person who is not a caregiver has committed or threatened abuse, as defined in s.
1748.02 (1) (cm) or (d), of the child;
or cannot identify an individual who is suspected
18of abuse or neglect or of threatened abuse or neglect of the child, within 24 hours after
19receiving the report the agency shall, in accordance with the authority granted to the
20department under s. 48.48 (17) (a) 1. or the county department under s. 48.57 (1) (a),
21initiate a diligent investigation to determine if the child is in need of protection or
22services. If Except when initiating an investigation is required under this subd. 1.
23a., if
the agency determines that a person who is not a caregiver is suspected of abuse
24or of threatened abuse, the agency may, in accordance with that authority, initiate
25a diligent investigation to determine if the child is in need or of protection or services.

1Within 24 hours after receiving a report under par. (a) of suspected unborn child
2abuse, the agency, in accordance with that authority, shall initiate a diligent
3investigation to determine if the unborn child is in need of protection or services. An
4investigation under this subd. 1. a. shall be conducted in accordance with standards
5established by the department for conducting child abuse and neglect investigations
6or unborn child abuse investigations.
SB618,6 7Section 6. 938.355 (2d) (b) 3m. of the statutes is created to read:
SB618,5,118 938.355 (2d) (b) 3m. That the parent has committed a violation of s. 948.051
9or a violation of the law of any other state or federal law, if that violation would be
10a violation of s. 948.051 if committed in this state, as evidenced by a final judgment
11of conviction, and that the victim of that violation is a child of the parent.
SB618,7 12Section 7. 938.371 (3) (d) of the statutes is amended to read:
SB618,5,2113 938.371 (3) (d) Any involvement of the juvenile, whether as victim or
14perpetrator, in sexual intercourse or sexual contact in violation of s. 940.225, 948.02,
15948.025, or 948.085, prostitution in violation of s. 944.30 (1m), trafficking in violation
16of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies,
sexual exploitation of a child in
17violation of s. 948.05, trafficking of a child in violation of s. 948.051, or causing a child
18to view or listen to sexual activity in violation of s. 948.055, if the information is
19necessary for the care of the juvenile or for the protection of any person living in the
20foster home, group home, residential care center for children and youth, or juvenile
21correctional facility.
SB618,8 22Section 8. 948.051 (1) of the statutes is amended to read:
SB618,6,223 948.051 (1) Whoever knowingly recruits, entices, provides, obtains, transports,
24or harbors, or knowingly attempts to recruit, entice, provide, obtain, transport, or

1harbor, any child for the purpose of commercial sex acts, as defined in s. 940.302 (1)
2(a), is guilty of a Class C felony.
SB618,9 3Section 9. Initial applicability.
SB618,6,74 (1) Reports of suspected child prostitution or sex trafficking. The
5treatment of section 48.981 (3) (a) 2. bm, 2d., and (c) 1. a. of the statutes first applies
6to a report of suspected child abuse received under section 48.981 (3) (a) 1. of the
7statutes on the effective date of this subsection.
SB618,10 8Section 10. Effective date.
SB618,6,99 (1) This act takes effect on October 10, 2016.
SB618,6,1010 (End)
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