LRB-0145/1
CMH:emw&wlj
2015 - 2016 LEGISLATURE
February 17, 2016 - Introduced by Senators Risser, Harris Dodd, Carpenter,
Miller, Vinehout, Lassa, C. Larson and Ringhand, cosponsored by
Representatives C. Taylor, Johnson, Kahl, Sargent, Subeck, Mason,
Considine, Spreitzer, Pope and Billings. Referred to Committee on Judiciary
and Public Safety.
SB745,1,5 1An Act to amend 16.705 (9), 940.302 (1) (b), 940.302 (1) (d), 948.051 (1), 949.04
2(2) (a), 973.20 (4o) (intro.) and 973.20 (4o) (b); and to create 165.85 (4) (b) 1e.,
3939.622, 940.302 (2) (a) 2. ac., ae., cm. and dm., 948.051 (4), 949.04 (1) (c) and
4973.20 (4o) (b) 3. of the statutes; relating to: the Uniform Act on Prevention
5of and Remedies for Human Trafficking and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits human trafficking and trafficking of a child (trafficking
offense). In general, human trafficking is a Class D felony and trafficking of a child
is a Class C felony. In June 2013, the National Conference of Commissioners on
Uniform State Laws approved and recommended a Uniform Act on Prevention of and
Remedies for Human Trafficking. This bill incorporates the parts of that uniform act
that are not in current law, including the following:
1. A provision that makes ineligible for state contracts an entity that commits
a trafficking offense.
2. A provision that requires law enforcement training programs to provide
training on identifying and providing forms to an individual who may qualify under
federal law for a nonimmigrant visa or continued presence due to being a victim of
a trafficking offense.
3. A provision that allows the maximum term of imprisonment for a trafficking
offense to be increased by up to five years if the person obtained the victim from a
shelter that serves victims of human trafficking, domestic violence, or sexual
assault; runaway youth; or the homeless.

4. A provision that allows a victim of a trafficking offense to apply for crime
victim compensation from the Department of Justice regardless of immigration
status.
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:
SB745,1 1Section 1. 16.705 (9) of the statutes is amended to read:
SB745,2,92 16.705 (9) The department shall maintain a list of persons that are or have
3been a party to a contract with the state under this subchapter who have violated a
4provision of this subchapter or, a contract under this subchapter, or s. 940.302 (2) or
5948.051
. The parties on the list are ineligible for state contracts and no state contract
6may be awarded to a party on the ineligible list. The department may remove any
7party from the ineligible list if the department determines that the party's practices
8comply with this subchapter and provide adequate safeguards against future
9violations of this subchapter or contracts under this subchapter.
SB745,2 10Section 2. 165.85 (4) (b) 1e. of the statutes is created to read:
SB745,3,511 165.85 (4) (b) 1e. A training program established under subd. 1. shall provide
12training on how a law enforcement officer may identify an individual who may
13qualify for a nonimmigrant T or U visa under 8 USC 1101 (a) (15) (T) or (U) or for
14continued presence under 22 USC 7105 (c) (3) because of being a victim of an offense
15under s. 940.302 (2) or 948.051. The training shall provide that, upon request by an
16individual, if the law enforcement officer reasonably believes the individual would
17qualify, the law enforcement officer shall complete, sign, and give to the individual
18a federal Form I-914B or Form I-918B and request a federal law enforcement officer
19to request continued presence. The training shall provide that, upon request by an

1individual, if the law enforcement officer does not reasonably believe that an
2individual would qualify, the law enforcement officer shall inform the individual of
3the reason the law enforcement officer does not reasonably believe the individual
4would qualify and inform the individual that he or she may make another request
5and submit additional evidence of qualification.
SB745,3 6Section 3. 939.622 of the statutes is created to read:
SB745,3,12 7939.622 Human trafficking; penalty enhancers. If a person commits a
8violation under s. 940.302 (2) or 948.051, the maximum term of imprisonment for
9that crime may be increased by not more than 5 years if the person recruited, enticed,
10or obtained the victim of the violation from a shelter that serves individuals who have
11been victims of, or who have been exposed to, human trafficking, domestic violence,
12or sexual assault; who are runaway youth; or who are homeless.
SB745,4 13Section 4. 940.302 (1) (b) of the statutes is amended to read:
SB745,3,1714 940.302 (1) (b) "Debt bondage" means the condition of a debtor arising from the
15debtor's pledge of services as a security for debt or purported debt if the reasonable
16value of those services is not applied toward repaying the debt or purported debt or
17if the length and nature of the services are not defined.
SB745,5 18Section 5. 940.302 (1) (d) of the statutes is amended to read:
SB745,3,2219 940.302 (1) (d) "Trafficking" means recruiting, enticing, harboring,
20transporting, transferring, receiving, isolating, maintaining, providing, or
21obtaining, or attempting to recruit, entice, harbor, transport, transfer, receive,
22isolate, maintain,
provide, or obtain, an individual.
SB745,6 23Section 6. 940.302 (2) (a) 2. ac., ae., cm. and dm. of the statutes are created
24to read:
SB745,4,2
1940.302 (2) (a) 2. ac. Causing or threatening to cause mental or emotional harm
2to any individual.
SB745,4,63 ae. Causing or threatening to cause harm to any individual's reputation if the
4harm or threat would compel a reasonable individual of the same background and
5in the same circumstance to provide such labor or services or perform the commercial
6sex act to avoid the harm.
SB745,4,77 cm. Abducting or threatening to abduct any individual.
SB745,4,98 dm. Using an individual's physical or mental impairment if the impairment
9substantially affects the individual's functions.
SB745,7 10Section 7. 948.051 (1) of the statutes is amended to read:
SB745,4,1511 948.051 (1) Whoever knowingly recruits, entices, provides, obtains, transports,
12transfers, receives, isolates, maintains,
or harbors, or knowingly attempts to recruit,
13entice, provide, obtain, transport, transfer, receive, isolate, maintain, or harbor, any
14child for the purpose of commercial sex acts, as defined in s. 940.302 (1) (a), is guilty
15of a Class C felony.
SB745,8 16Section 8. 948.051 (4) of the statutes is created to read:
SB745,4,2117 948.051 (4) The knowledge requirement under sub. (1) does not require proof
18of knowledge that the person was a child. It is not a defense to a prosecution under
19this section that the actor mistakenly believed that the person under sub. (1) had
20attained the age of 18 years, even if the mistaken belief was reasonable, or that the
21child under sub. (1) had consented to the activity.
SB745,9 22Section 9. 949.04 (1) (c) of the statutes is created to read:
SB745,4,2423 949.04 (1) (c) A victim of s. 940.302 (2) or 948.051 may apply for an award under
24this subchapter regardless of immigration status.
SB745,10 25Section 10. 949.04 (2) (a) of the statutes is amended to read:
SB745,5,7
1949.04 (2) (a) The department shall prescribe application forms for awards
2under this subchapter. If the application results from the commission of or the
3attempt to commit a crime specified in s. 940.22 (2), 940.225, 940.302 (2), 948.02,
4948.025, 948.051, 948.085, or 948.095 or a crime or an act compensable under s.
5949.03 that was sexually motivated, as defined in s. 980.01 (5), any personally
6identifiable information, as defined in s. 19.62 (5), provided on the application form
7is not subject to inspection or copying under s. 19.35 (1).
SB745,11 8Section 11. 973.20 (4o) (intro.) of the statutes is amended to read:
SB745,5,139 973.20 (4o) (intro.) If the defendant violated s. 940.302 (2) or 948.051, the court
10shall order restitution under this section even if the victim is unavailable to accept
11payment of the restitution. If the defendant violated s. 940.302 (2) or 948.051,
and
12sub. (2) or (3) does not apply, the restitution order may require that the defendant
13pay an amount equal to any of the following:
SB745,12 14Section 12. 973.20 (4o) (b) of the statutes is amended to read:
SB745,5,1515 973.20 (4o) (b) The greater greatest of the following:
SB745,5,1716 1. The gross income gained by the defendant due to for, or the value to the
17defendant of,
the services of the victim.
SB745,5,2018 2. The value of the victim's services as provided under calculated, including
19overtime, using the greater of
the state minimum wage or the federal minimum
20wage
.
SB745,13 21Section 13. 973.20 (4o) (b) 3. of the statutes is created to read:
SB745,5,2222 973.20 (4o) (b) 3. The amount the defendant contracted to pay the victim.
SB745,5,2323 (End)
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