AB 737

This bill expands what constitutes the crime of child sex trafficking, includes

child sex trafficking under the definition of abuse in the Children's Code, requires

the reporting and investigation of certain suspected child abuse cases involving

prostitution or child sex trafficking, and makes changes to the information required

to be in a court order or provided to a care provider when a child is placed outside the

home.

Under current law, a person is guilty of child sex trafficking if he or she

knowingly recruits, entices, provides, obtains, or harbors, or knowingly attempts to

recruit, entice, provide, obtain, or harbor, any child for the purpose of commercial sex

acts. This bill adds transporting or knowingly attempting to transport any child for

the purpose of commercial sex acts to this crime.

Under current law, certain sex crimes committed against a child are included

in the definition of "abuse" in the Children's Code. Those sex crimes are first-degree

to fourth-degree sexual assault, sexual assault of a child, repeated sexual assault of

a child, sexual assault of a child placed in substitute care, sexual exploitation of a

child, causing a child to view or listen to sexual activity, and causing a child to expose

his or her genitals or exposing one's genitals to a child, and permitting, allowing, or

encouraging a child to engage in prostitution.

This bill adds child sex trafficking to the definition of "abuse" in the Children's

Code. As such, a child who is the victim of child sex trafficking may be the subject

of a child in need of protection or services petition alleging that the child is a victim

of abuse.

Under current law, certain persons having reasonable cause to suspect that a

child seen in the course of professional duties has been abused must report that

suspected abuse to the sheriff or police department or to the county department of

human services or social services or, in Milwaukee County, the Department of

Children and Families (DCF) or a child welfare agency under contract with DCF

(collectively "agency"). Current law also permits any other person having reason to

suspect that a child has been abused to make such a report.

Current law requires the sheriff or police department to refer to an agency all

cases of child abuse reported to it in which a caregiver is suspected of the abuse or

of facilitating or failing to take action to prevent the suspected abuse and all cases

in which it cannot be determined who abused the child. Then, within 24 hours after

receiving the referral, the agency must initiate a diligent investigation to determine

if the child is in need of protection or services. Current law, however, permits, rather

than requires, the sheriff or police department to refer to an agency a case in which

a person who is not a caregiver of a child is suspected of the abuse of the child and

permits, rather than requires, the agency to initiate a diligent investigation to

determine if the child is in need of protection or services.

This bill requires the sheriff or police department to refer to an agency, and the