AB974: Bill Text

LRB-5315/1

MJW:skw

2023 - 2024 LEGISLATURE

2023 Assembly BILL 974

January 18, 2024 - Introduced by Representatives Steffen, Mursau, Stubbs, Baldeh, Behnke, Callahan, Considine, Dittrich, Edming, Gundrum, Gustafson, Hurd, Kitchens, Krug, Maxey, Murphy, O'Connor, Palmeri, Schraa, Sortwell, Subeck and Wichgers, cosponsored by Senators Ballweg, Roys and Wirch. Referred to Committee on Criminal Justice and Public Safety.

AB974,1,4 An Act to renumber and amend 940.302 (3) and 948.051 (3); and to create 893.586, 895.439 (title), 895.439 (1) (title) and 895.439 (2) (title) of the statutes; relating to: the civil causes of action for human trafficking and trafficking a child.

Analysis by the Legislative Reference Bureau

Under current law, a victim of human trafficking or child trafficking who incurs an injury or death as a result of the trafficking may bring a civil cause of action against the person who committed the violation. The victim must commence the civil action within three years of the injury.

Under current law, a person who is injured by an act that would constitute a violation of criminal laws relating to sexual assault of a child or incest with a child may bring a cause of action against the person who caused the injury regardless of whether that person was prosecuted or convicted for the criminal violation. The victim must commence the civil action before he or she reaches the age of 35.

This bill specifies that a victim of child trafficking may bring a civil action regardless of whether anyone was prosecuted or convicted for the child trafficking violation, and specifies that the victim may commence the civil action any time before he or she reaches the age of 35.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB974,1 Section 1. 893.586 of the statutes is created to read:

AB974,2,4 893.586 Trafficking of a child; limitation. An action under s. 895.439 (2) for damages shall be commenced before the injured party reaches the age of 35 years or be barred.

AB974,2 Section 2. 895.439 (title) of the statutes is created to read:

AB974,2,6 895.439 (title) Trafficking, action for.

AB974,3 Section 3. 895.439 (1) (title) of the statutes is created to read:

AB974,2,8 895.439 (1) (title) Human trafficking.

AB974,4 Section 4. 895.439 (2) (title) of the statutes is created to read:

AB974,2,10 895.439 (2) (title) Trafficking of a child.

AB974,5 Section 5. 940.302 (3) of the statutes is renumbered 895.439 (1) and amended to read:

AB974,2,17 895.439 (1) Any person who incurs an injury or death as a result of a violation of sub. s. 940.302 (2) may bring a civil action against the person who committed the violation. In addition to actual damages, the court may award punitive damages to the injured party, not to exceed treble the amount of actual damages incurred, and reasonable attorney fees.

AB974,6 Section 6. 948.051 (3) of the statutes is renumbered 895.439 (2) and amended to read:

AB974,3,2 895.439 (2) Any person who incurs an injury or death as a result of a violation of sub. (1) or (2) s. 948.051 may bring a civil action against the person who committed the violation. An action may be brought under this subsection regardless of whether anyone was prosecuted or convicted for the violation. In addition to actual damages, the court may award punitive damages to the injured party, not to exceed treble the amount of actual damages incurred, and reasonable attorney fees.

AB974,3,3 (End)