SB 200

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 an individual who is suspected of the abuse cannot be identified. 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.

Under current law, a person who commits an act of prostitution is guilty of a

Class A misdemeanor and may be fined not more than $10,000, imprisoned for not

longer than nine months, or both. Under current law, if the person has not attained

the age of 18 when he or she commits an act of prostitution, a court may enter a

consent decree under the Juvenile Justice Code or a deferred prosecution under the

Juvenile Justice Code or adult criminal statutes, if the court determines that a

consent decree or a deferred prosecution agreement will serve the best interests of

the person and will not harm society.

Under this bill, a person who has not attained the age of 18 may not be

prosecuted for committing an act of prostitution. The bill eliminates the option, for

a person who is under the age of 18, of entering a consent decree or a deferred

prosecution agreement. The bill requires the sheriff or police department to refer to

an agency, and the agency to investigate, a case of child abuse in which a person who

is not a caregiver of the child is suspected of permitting, allowing, or encouraging the

child to engage in prostitution.