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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 (2g) if the license was revoked for any of the following: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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