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LRB-4316/1
CMH:kjf
2017 - 2018 LEGISLATURE
October 9, 2017 - Introduced by Senators Wanggaard and L. Taylor, cosponsored
by Representatives Jacque, Bernier, Brandtjen, R. Brooks, Horlacher,
Kleefisch, Kremer, Murphy, Petryk, Quinn, Tittl and Tusler. Referred to
Committee on Judiciary and Public Safety.
SB442,1,3 1An Act to amend 20.455 (2) (hd) and 48.48 (19); and to create 20.437 (1) (hf),
2814.75 (28), 814.76 (21), 944.35 and 973.05 (2m) (fr) of the statutes; relating
3to:
prostitution crime surcharge and making appropriations.
Analysis by the Legislative Reference Bureau
This bill creates a $5,000 surcharge to be imposed on persons who are convicted
of patronizing or soliciting prostitutes, pandering, or keeping a place of prostitution.
Under this bill the surcharge amounts collected are used for treatment and services
for sex-trafficking victims and for criminal investigative operations and law
enforcement relating to Internet crimes against children.
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:
SB442,1 4Section 1. 20.437 (1) (hf) of the statutes is created to read:
SB442,1,75 20.437 (1) (hf) Sex-trafficking victim services. All moneys received from the
6prostitution crime surcharge as authorized under s. 944.35 for treatment and
7services for sex-trafficking victims under s. 48.48 (19).
SB442,2
1Section 2. 20.455 (2) (hd) of the statutes is amended to read:
SB442,2,72 20.455 (2) (hd) Internet crimes against children. All moneys transferred under
32015 Wisconsin Act 369, section 12m (1) shall be credited to this appropriation
4account and all moneys received from the prostitution crime surcharge as authorized
5under s. 944.35
for criminal investigative operations and law enforcement relating
6to Internet crimes against children, prosecution of Internet crimes against children,
7and activities of state and local Internet crimes against children task forces.
SB442,3 8Section 3. 48.48 (19) of the statutes is amended to read:
SB442,2,149 48.48 (19) To purchase or provide treatment and services for children who are
10the victims of trafficking, as defined in s. 940.302 (1) (d), for purposes of a commercial
11sex act, as defined in s. 940.302 (1) (a). Within the availability of funding under s.
1220.437 (1) (e) and (hf), the department shall ensure that that treatment and those
13services are available to children in all geographic areas of the state, including both
14urban and rural communities.
SB442,4 15Section 4. 814.75 (28) of the statutes is created to read:
SB442,2,1616 814.75 (28) The prostitution crime surcharge under s. 944.35.
SB442,5 17Section 5. 814.76 (21) of the statutes is created to read:
SB442,2,1818 814.76 (21) The prostitution crime surcharge under s. 944.35.
SB442,6 19Section 6. 944.35 of the statutes is created to read:
SB442,2,22 20944.35 Prostitution crime surcharge. (1) If a court imposes a fine for a
21violation of s. 944.31, 944.32, 944.33, or 944.34, the court shall impose under ch. 814
22a prostitution crime surcharge of $5,000.
SB442,3,4 23(2) The clerk of the circuit court shall collect and transmit to the county
24treasurer under s. 59.40 (2) (m) the amount of the surcharge. The county treasurer
25shall then pay the secretary of administration as provided in s. 59.25 (3) (f) 2. The

1secretary of administration shall deposit all amounts received under this subsection
2in the general fund, half of which is to be credited to the appropriation account under
3s. 20.455 (2) (hd) and half of which is to be credited to the appropriation account
4under s. 20.437 (1) (hf).
SB442,7 5Section 7. 973.05 (2m) (fr) of the statutes is created to read:
SB442,3,76 973.05 (2m) (fr) To payment of the prostitution crime surcharge until paid in
7full.
SB442,8 8Section 8. Initial applicability.
SB442,3,109 (1) This act first applies to offenses committed on the effective date of this
10subsection.
SB442,3,1111 (End)
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