February 28, 2025 - Introduced by Representatives Kitchens, Billings, Anderson, Andraca, Bare, Behnke, Clancy, DeSmidt, Dittrich, Doyle, Emerson, Fitzgerald, Goodwin, Gundrum, Hong, J. Jacobson, Joers, Johnson, Madison, McCarville, Miresse, Mursau, Palmeri, Roe, Sinicki, Snodgrass, Snyder, Spaude, Steffen, Stroud, Stubbs, Subeck, Udell, Vining and Haywood, cosponsored by Senators James, L. Johnson, Dassler-Alfheim, Habush Sinykin, Hesselbein, Keyeski, Larson, Ratcliff, Roys, Spreitzer, Wall and Wirch. Referred to Committee on Criminal Justice and Public Safety.
AB79,1,4
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:
AB79,1
1Section 1. 51.20 (13) (cr) of the statutes is amended to read: AB79,2,9251.20 (13) (cr) If the subject individual is before the court on a petition filed 3under a court order under s. 938.30 (5) (c) 1. and is found to have committed a 4violation that would be a felony if committed by an adult in this state or a violation 5of s. 940.225 (3m), 941.20 (1), 944.20, 944.30 (1m), 944.31 (1), 944.33, 946.52, or 6948.10 (1) (b) or s. 944.30 (1m), 2023 stats., the court shall require the individual to 7provide a biological specimen to the state crime laboratories for deoxyribonucleic 8acid analysis. The court shall inform the individual that he or she may request 9expungement under s. 165.77 (4). AB79,210Section 2. 165.76 (1) (am) of the statutes is amended to read: AB79,2,1511165.76 (1) (am) Is or was adjudicated delinquent for an act that if committed 12by an adult in this state would be a felony or for a violation of s. 940.225 (3m), 13941.20 (1), 944.20, 944.30 (1m), 944.31 (1), 944.33, 946.52, or 948.10 (1) (b) or is or 14was adjudicated delinquent for a violation of s. 944.30 (1m), 2023 stats., before the 15effective date of this paragraph .... [LRB inserts date]. AB79,316Section 3. 938.34 (15) (a) 1. of the statutes is amended to read: AB79,2,2317938.34 (15) (a) 1. If the juvenile is adjudicated delinquent on the basis of a 18violation that would be a felony if committed by an adult in this state or of a 19violation of s. 940.225 (3m), 941.20 (1), 944.20, 944.30 (1m), 944.31 (1), 944.33, 20946.52, or 948.10 (1) (b), the court shall require the juvenile to comply with the 21requirement under s. 165.76 (1) (am) by providing a biological specimen to the state 22crime laboratories for deoxyribonucleic acid analysis. The court shall inform the 23juvenile that he or she may request expungement under s. 165.77 (4). AB79,4
1Section 4. 944.30 (1m) (intro.) of the statutes is amended to read: AB79,3,32944.30 (1m) (intro.) Any Except as provided in sub. (2m), any person who 3intentionally does any of the following is guilty of a Class A misdemeanor: AB79,54Section 5. 944.30 (2m) of the statutes is amended to read: AB79,3,105944.30 (2m) If the person A person may not be prosecuted under sub. (1m) 6this section if he or she has not attained the age of 18 years and if the court 7determines that the best interests of the person are served and society will not be 8harmed, the court may enter a consent decree under s. 938.32 or a deferred 9prosecution agreement in accordance with s. 938.245, 971.39, or 971.40 at the time 10he or she commits an offense under sub. (1m). AB79,611Section 6. 973.015 (2m) (intro.) of the statutes is amended to read: AB79,3,1712973.015 (2m) (intro.) At any time after a person has been convicted, 13adjudicated delinquent, or found not guilty by reason of mental disease or defect for 14a violation of s. 944.30 or adjudicated delinquent for a violation of s. 944.30 (1m), 152023 stats., a court may, upon the motion of the person, vacate the conviction, 16adjudication, or finding, or may order that the record of the violation of s. 944.30 be 17expunged, if all of the following apply: AB79,718Section 7. Initial applicability. AB79,3,2019(1) This act first applies to a violation committed on the effective date of this 20subsection.
