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LRB-2164/1
MLJ:ekg&cjs
2021 - 2022 LEGISLATURE
March 24, 2021 - Introduced by Senators Darling, Johnson, Bernier, Carpenter,
Cowles, Erpenbach, Jacque, Larson, Pfaff, Ringhand, Roys, Smith, L.
Taylor
and Ballweg, cosponsored by Representatives Billings, Kitchens,
Armstrong, Baldeh, Bowen, Cabrera, Considine, Conley, Emerson,
Haywood, Hebl, Hesselbein, Krug, B. Meyers, Moses, Mursau, Neubauer,
Novak, Ortiz-Velez, Rozar, S. Rodriguez, Shankland, Shelton, Sinicki,
Skowronski, Spiros, Spreitzer, Steffen, Subeck, Tusler, Vining and
Wichgers. Referred to Committee on Judiciary and Public Safety.
SB245,1,4 1An Act to amend 51.20 (13) (cr), 165.76 (1) (am), 938.34 (15) (a) 1., 944.30 (1m)
2(intro.), 944.30 (2m) and 973.015 (2m) (intro.) of the statutes; relating to:
3prosecuting or adjudicating delinquent a person under the age of 18 for
4committing an act of prostitution.
Analysis by the Legislative Reference Bureau
Under current law, a person who is under the age of 18 may be prosecuted or
adjudicated delinquent for committing an act of prostitution, a Class A
misdemeanor. Under this bill, a person who is under the age of 18 may not be
prosecuted or adjudicated delinquent for committing an act of prostitution. This bill
also eliminates the option under current law in cases where a person under the age
of 18 has committed an act of prostitution for a court to enter a consent decree under
the Juvenile Justice Code, or a deferred prosecution agreement under the Juvenile
Justice Code or adult criminal statutes, if the court determines that a consent decree
or deferred prosecution agreement will serve the best interests of the person being
prosecuted and will not harm society.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB245,1 5Section 1. 51.20 (13) (cr) of the statutes is amended to read:
SB245,2,7
151.20 (13) (cr) If the subject individual is before the court on a petition filed
2under a court order under s. 938.30 (5) (c) 1. and is found to have committed a
3violation that would be a felony if committed by an adult in this state or a violation
4of s. 940.225 (3m), 941.20 (1), 944.20, 944.30 (1m), 944.31 (1), 944.33, 946.52, or
5948.10 (1) (b), the court shall require the individual to provide a biological specimen
6to the state crime laboratories for deoxyribonucleic acid analysis. The court shall
7inform the individual that he or she may request expungement under s. 165.77 (4).
SB245,2 8Section 2. 165.76 (1) (am) of the statutes is amended to read:
SB245,2,119 165.76 (1) (am) Is or was adjudicated delinquent for an act that if committed
10by an adult in this state would be a felony or for a violation of s. 940.225 (3m), 941.20
11(1), 944.20, 944.30 (1m), 944.31 (1), 944.33, 946.52, or 948.10 (1) (b).
SB245,3 12Section 3. 938.34 (15) (a) 1. of the statutes is amended to read:
SB245,2,1913 938.34 (15) (a) 1. If the juvenile is adjudicated delinquent on the basis of a
14violation that would be a felony if committed by an adult in this state or of a violation
15of s. 940.225 (3m), 941.20 (1), 944.20, 944.30 (1m), 944.31 (1), 944.33, 946.52, or
16948.10 (1) (b), the court shall require the juvenile to comply with the requirement
17under s. 165.76 (1) (am) by providing a biological specimen to the state crime
18laboratories for deoxyribonucleic acid analysis. The court shall inform the juvenile
19that he or she may request expungement under s. 165.77 (4).
SB245,4 20Section 4. 944.30 (1m) (intro.) of the statutes is amended to read:
SB245,2,2221 944.30 (1m) (intro.) Any Except as provided in sub. (2m), any person who
22intentionally does any of the following is guilty of a Class A misdemeanor:
SB245,5 23Section 5. 944.30 (2m) of the statutes is amended to read:
SB245,3,424 944.30 (2m) If the person A person may not be prosecuted under sub. (1m) this
25section if he or she
has not attained the age of 18 years and if the court determines

1that the best interests of the person are served and society will not be harmed, the
2court may enter a consent decree under s. 938.32 or a deferred prosecution
3agreement in accordance with s. 938.245, 971.39, or 971.40
at the time he or she
4commits an offense under sub. (1m)
.
SB245,6 5Section 6. 973.015 (2m) (intro.) of the statutes is amended to read:
SB245,3,106 973.015 (2m) (intro.) At any time after a person has been convicted,
7adjudicated delinquent,
or found not guilty by reason of mental disease or defect for
8a violation of s. 944.30, a court may, upon the motion of the person, vacate the
9conviction, adjudication, or finding, or may order that the record of the violation of
10s. 944.30 be expunged, if all of the following apply:
SB245,7 11Section 7. Initial applicability.
SB245,3,1312 (1) This act first applies to a violation committed on the effective date of this
13subsection.
SB245,3,1414 (End)
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