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CMH:amn
2019 - 2020 LEGISLATURE
February 25, 2019 - Introduced by Senators Jacque, Wanggaard, L. Taylor,
Darling, Kooyenga and Olsen, cosponsored by Representatives Brandtjen,
Crowley, Fields, Gundrum, Horlacher, Hutton, Kulp, Magnafici, Murphy,
Ramthun, Sanfelippo, Subeck, Tusler, Vorpagel, Wichgers and Zimmerman.
Referred to Committee on Judiciary and Public Safety.
SB46,1,3 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
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:
SB46,1 4Section 1. 20.437 (1) (hf) of the statutes is created to read:
SB46,1,75 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).
SB46,2
1Section 2. 20.455 (2) (hd) of the statutes is amended to read:
SB46,2,82 20.455 (2) (hd) Internet crimes against children. All moneys transferred under
32015 Wisconsin Act 369, section 12m (1) and under 2017 Wisconsin Act 59, section
49228 (1p) shall be credited to this appropriation account and all moneys received
5from the prostitution crime surcharge as authorized under s. 944.35
for criminal
6investigative operations and law enforcement relating to Internet crimes against
7children, prosecution of Internet crimes against children, and activities of state and
8local Internet crimes against children task forces.
SB46,3 9Section 3. 48.48 (19) of the statutes is amended to read:
SB46,2,1510 48.48 (19) To purchase or provide treatment and services for children who are
11the victims of trafficking, as defined in s. 940.302 (1) (d), for purposes of a commercial
12sex act, as defined in s. 940.302 (1) (a). Within the availability of funding under s.
1320.437 (1) (e) and (hf), the department shall ensure that that treatment and those
14services are available to children in all geographic areas of the state, including both
15urban and rural communities.
SB46,4 16Section 4. 814.75 (28) of the statutes is created to read:
SB46,2,1717 814.75 (28) The prostitution crime surcharge under s. 944.35.
SB46,5 18Section 5. 814.76 (21) of the statutes is created to read:
SB46,2,1919 814.76 (21) The prostitution crime surcharge under s. 944.35.
SB46,6 20Section 6. 944.35 of the statutes is created to read:
SB46,2,23 21944.35 Prostitution crime surcharge. (1) If a court imposes a fine for a
22violation of s. 944.31, 944.32, 944.33, or 944.34, the court shall impose under ch. 814
23a prostitution crime surcharge of $5,000.
SB46,3,5 24(2) The clerk of the circuit court shall collect and transmit to the county
25treasurer under s. 59.40 (2) (m) the amount of the surcharge. The county treasurer

1shall then pay the secretary of administration as provided in s. 59.25 (3) (f) 2. The
2secretary of administration shall deposit all amounts received under this subsection
3in the general fund, half of which is to be credited to the appropriation account under
4s. 20.455 (2) (hd) and half of which is to be credited to the appropriation account
5under s. 20.437 (1) (hf).
SB46,7 6Section 7. 973.05 (2m) (fr) of the statutes is created to read:
SB46,3,87 973.05 (2m) (fr) To payment of the prostitution crime surcharge until paid in
8full.
SB46,8 9Section 8. Initial applicability.
SB46,3,1110 (1) This act first applies to offenses committed on the effective date of this
11subsection.
SB46,3,1212 (End)
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