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AB341-ASA1,1,4 1An Act to renumber and amend 115.31 (2g); to amend 115.31 (2r) (a); and to
2create
48.981 (3d), 115.31 (2g) (c), 115.31 (2r) (c) and 948.098 of the statutes;
3relating to: sexual misconduct against a pupil by a school staff member or
4volunteer and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill makes it a Class I felony for a person who works or volunteers at an
elementary school, secondary school, or tribal school to commit sexual misconduct
against a pupil who is enrolled at that school. The bill defines “sexual misconduct”
to be verbal or physical conduct of a sexual nature. Under the bill, if a law
enforcement officer or a county department of social or human services, the
Department of Children and Families in a county of 750,000 or more, or a child
welfare agency under contract with DCF receives a report of alleged sexual
misconduct against a pupil, the law enforcement officer, county department, DCF, or
child welfare agency must notify the Department of Public Instruction of the
violation, including the name of the person alleged and the school district or school
at which that person works or volunteers.
Under current law, there are certain offenses for which if a person who is
licensed by DPI is convicted will result in an automatic revocation of that person's
license. Under current law, a person's license may be reinstated after six years for

certain offenses if the person shows, by clear and convincing evidence, that he or she
is entitled to reinstatement. This bill adds certain crimes to the automatic revocation
provision and adds a lifetime bar on reinstatement for certain crimes. Under current
law, a person's license is automatically revoked if he or she is convicted of a Class H
felony or higher that is a crime against life or bodily security or a crime against a
child. This bill adds that a person's license is automatically revoked if he or she is
convicted of certain crimes against children that are Class I felonies, including
sexual misconduct, certain crimes against privacy, and theft of property from a
school. Under the bill, a person's license may not be reinstated if the person is
convicted of a crime against a child that is a Class H felony or higher, sexual
misconduct against a pupil, and certain crimes against privacy.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB341-ASA1,1 1Section 1. 48.981 (3d) of the statutes is created to read:
AB341-ASA1,2,62 48.981 (3d) Notification of a report. An agency that receives a report under
3sub. (3) of conduct that constitutes a violation of s. 948.098 shall notify the
4department of public instruction of the alleged violation including the name of the
5person alleged and the name of the school district or school at which the person works
6or volunteers.
AB341-ASA1,2 7Section 2. 115.31 (2g) of the statutes is renumbered 115.31 (2g) (intro.) and
8amended to read:
AB341-ASA1,2,119 115.31 (2g) (intro.) Notwithstanding subch. II of ch. 111, the state
10superintendent shall revoke a license granted by the state superintendent, without
11a hearing, if the licensee is convicted of any of the following:
AB341-ASA1,2,13 12(a) A Class A, B, C, or D felony under ch. 940 or 948, except ss. 940.08 and
13940.205, for a violation that occurs on or after September 12, 1991 , or any.
AB341-ASA1,2,15 14(b) A Class E, F, G, or H felony under ch. 940 or 948, except ss. 940.08 and
15940.205, for a violation that occurs on or after February 1, 2003.
AB341-ASA1,3 16Section 3. 115.31 (2g) (c) of the statutes is created to read:
AB341-ASA1,3,2
1115.31 (2g) (c) Any of the following, if the violation occurs on or after the
2effective date of this paragraph .... [LRB inserts date]:
AB341-ASA1,3,33 1. A violation of s. 942.08, 942.09 (2), 948.098, 948.10, or 948.11 (2) (a).
AB341-ASA1,3,44 2. A felony violation of s. 943.20 if the property belonged to the school district.
AB341-ASA1,3,65 3. A violation of federal law or the law of any other state or jurisdiction that
6would be a violation of subd. 1. or 2. or par. (a) or (b) if committed in this state.
AB341-ASA1,4 7Section 4. 115.31 (2r) (a) of the statutes is amended to read:
AB341-ASA1,3,128 115.31 (2r) (a) Except as provided under par. pars. (b) and (c), the state
9superintendent may not reinstate a license revoked under sub. (2g) for 6 years
10following the date of the conviction, and may reinstate a license revoked under sub.
11(2g) only if the licensee establishes by clear and convincing evidence that he or she
12is entitled to reinstatement.
AB341-ASA1,5 13Section 5. 115.31 (2r) (c) of the statutes is created to read:
AB341-ASA1,3,1514 115.31 (2r) (c) The state superintendent may not reinstate a license revoked
15under sub. (2g) if the license was revoked for any of the following:
AB341-ASA1,3,1616 1. A felony conviction for a violation of ch. 948 described in sub. (2g) (a) or (b).
AB341-ASA1,3,1717 2. A felony conviction for a violation of s. 942.08 or 948.098.
AB341-ASA1,3,1918 3. A conviction for a violation of s. 942.09 (2) if the person depicted in the
19representation is a child.
AB341-ASA1,3,2120 4. A conviction for the violation of federal law or the law of any other state or
21jurisdiction that would be a violation of subd. 1., 2., or 3. if committed in this state.
AB341-ASA1,6 22Section 6. 948.098 of the statutes is created to read:
AB341-ASA1,3,24 23948.098 Sexual misconduct by a school staff person or volunteer. (1)
24In this section:
AB341-ASA1,4,2
1(a) “Physical contact of a sexual nature” means any of the following types of
2intentional touching, whether direct or through clothing:
AB341-ASA1,4,53 1. Intentional touching by the actor or, upon the actor's instruction, by another
4person, by the use of any body part or object, if the purpose of the intentional touching
5is any of the following:
AB341-ASA1,4,66 a. To sexually degrade or sexually humiliate the pupil.
AB341-ASA1,4,77 b. To sexually degrade or sexually humiliate the actor.
AB341-ASA1,4,88 c. To sexually arouse or sexually gratify the pupil.
AB341-ASA1,4,99 d. To sexually arouse or sexually gratify the actor.
AB341-ASA1,4,1210 2. Intentional touching by the pupil, by the use of any body part or object, of
11the actor or, if done upon the actor's instructions, another person, if the purpose of
12the intentionally touching is any of the following:
AB341-ASA1,4,1313 a. To sexually degrade or sexually humiliate the pupil.
AB341-ASA1,4,1414 b. To sexually degrade or sexually humiliate the actor.
AB341-ASA1,4,1515 c. To sexually arouse or sexually gratify the pupil.
AB341-ASA1,4,1616 d. To sexually arouse or sexually gratify the actor.
AB341-ASA1,4,1817 (b) “School" means a public or private elementary or secondary school, or a
18tribal school, as defined in s. 115.001 (15m).
AB341-ASA1,4,2219 (c) “School staff member" means any person who provides services to a school
20or a school board, including an employee of a school or a school board and a person
21who provides services to a school or a school board under a contract. “School staff
22member” includes a bus driver.
AB341-ASA1,4,2523 (d) “Sexual misconduct” means verbal conduct of a sexual nature or physical
24contact of a sexual nature. “Sexual misconduct” includes conduct directed by a
25person at another person of the same or opposite gender.
AB341-ASA1,5,2
1(e) “Verbal conduct of a sexual nature” means communications made
2intentionally for any of the following purposes:
AB341-ASA1,5,33 1. Sexually degrading or sexually humiliating the pupil
AB341-ASA1,5,44 2. Sexually degrading or sexually humiliating the actor.
AB341-ASA1,5,55 3. Sexually arousing or sexually gratifying the pupil.
AB341-ASA1,5,66 3. Sexually arousing or sexually gratifying the actor.
AB341-ASA1,5,87 (f) “Volunteer” means a person, other than a school staff member, who provides
8services to a school without compensation.
AB341-ASA1,5,10 9(2) Any school staff member or volunteer who commits an act of sexual
10misconduct against a pupil enrolled in the school is guilty of a Class I felony.
AB341-ASA1,5,14 11(3) A law enforcement officer who receives a report of an alleged violation of
12sub. (2) shall notify the department of public instruction of the alleged violation
13including the name of the person alleged and the name of the school district or school
14at which the person works or volunteers.
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