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March 5, 2021 - Introduced by Representatives Brandtjen, Callahan, Dittrich,
Drake, Gundrum, Horlacher, Milroy, Moses, Murphy, Mursau,
Ortiz-Velez, Ramthun, Rozar, Sanfelippo, Steffen, Tittl, Wichgers,
Zimmerman and Subeck, cosponsored by Senators Jacque, Wanggaard, L.
Taylor
, Carpenter, Darling and Larson. Referred to Committee on Criminal
Justice and Public Safety.
AB139,1,3 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 an appropriation.
Analysis by the Legislative Reference Bureau
Under current law, the court must impose certain surcharges on a defendant
who has been found guilty of a criminal offense, which are in addition to any
applicable fines, costs, and fees. For instance, the court must impose a crime victim
and witness assistance surcharge in an amount of $67 for each conviction of a
misdemeanor count and in an amount of $92 for each conviction of a felony count.
The surcharge amounts collected reimburse counties for services provided to victims
and witnesses of crimes.
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:
AB139,1
1Section 1. 20.437 (1) (hf) of the statutes is created to read:
AB139,2,42 20.437 (1) (hf) Sex-trafficking victim services. All moneys received from the
3prostitution crime surcharge as authorized under s. 944.35, for treatment and
4services for sex-trafficking victims under s. 48.48 (19).
AB139,2 5Section 2. 20.455 (2) (hd) of the statutes is amended to read:
AB139,2,126 20.455 (2) (hd) Internet crimes against children. All moneys transferred under
72017 Wisconsin Act 59, section 9228 (1p) and under 2019 Wisconsin Act 9, section
89227 (1) shall be credited to this appropriation account and all moneys received from
9the prostitution crime surcharge as authorized under s. 944.35,
for criminal
10investigative operations and law enforcement relating to Internet crimes against
11children, prosecution of Internet crimes against children, and activities of state and
12local Internet crimes against children task forces.
AB139,3 13Section 3. 48.48 (19) of the statutes is amended to read:
AB139,2,1914 48.48 (19) To purchase or provide treatment and services for children who are
15the victims of trafficking, as defined in s. 940.302 (1) (d), for purposes of a commercial
16sex act, as defined in s. 940.302 (1) (a). Within the availability of funding under s.
1720.437 (1) (e) and (hf), the department shall ensure that that treatment and those
18services are available to children in all geographic areas of the state, including both
19urban and rural communities.
AB139,4 20Section 4. 814.75 (28) of the statutes is created to read:
AB139,2,2121 814.75 (28) The prostitution crime surcharge under s. 944.35.
AB139,5 22Section 5. 814.76 (21) of the statutes is created to read:
AB139,2,2323 814.76 (21) The prostitution crime surcharge under s. 944.35.
AB139,6 24Section 6. 944.35 of the statutes is created to read:
AB139,3,3
1944.35 Prostitution crime surcharge. (1) If a court imposes a sentence or
2places a person on probation for a violation of s. 944.31, 944.32, 944.33, or 944.34, the
3court shall impose under ch. 814 a prostitution crime surcharge of $5,000.
AB139,3,10 4(2) The clerk of the circuit court shall collect and transmit to the county
5treasurer under s. 59.40 (2) (m) the amount of the surcharge. The county treasurer
6shall then pay the secretary of administration as provided in s. 59.25 (3) (f) 2. The
7secretary of administration shall deposit all amounts received under this subsection
8in the general fund, half of which is to be credited to the appropriation account under
9s. 20.455 (2) (hd) and half of which is to be credited to the appropriation account
10under s. 20.437 (1) (hf).
AB139,7 11Section 7. 973.05 (2m) (fr) of the statutes is created to read:
AB139,3,1312 973.05 (2m) (fr) To payment of the prostitution crime surcharge until paid in
13full.
AB139,8 14Section 8. Initial applicability.
AB139,3,1615 (1) This act first applies to offenses committed on the effective date of this
16subsection.
AB139,3,1717 (End)
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