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Bills · 2023-2024 Regular Session

SB 333

Became law Official bill text Atom feed

Relating to: sexual misconduct against a pupil by a school staff member or volunteer and providing a penalty.

Crime and criminals — Felony Legislature — Criminal penalties joint review committee on School — Employee School — Finance Sex crimes Teacher — Certificate

  1. Introduced, completed
  2. Passes Senate, completed
  3. Passes Assembly, completed
  4. Governor signs, completed
  5. Law, completed

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

This bill makes it a Class I felony for a person who works or volunteers at an

elementary school, secondary school, or tribal school to commit sexual misconduct

against a pupil who is enrolled at that school. Under the bill, a school staff member

or volunteer is guilty of sexual misconduct if the school staff member or volunteer

knowingly engaged in sexual misconduct that substantially interfered with a pupil's

academic performance or created an intimidating, hostile, or offensive school

environment. Under the bill, if a law enforcement officer or a county department of

social or human services, the Department of Children and Families in a county of

750,000 or more, or a child welfare agency under contract with DCF receives a report

of alleged sexual misconduct against a pupil, the law enforcement officer, county

department, DCF, or child welfare agency must notify the Department of Public

Instruction of the violation, including the name of the person alleged and the school

district or school at which that person works or volunteers.

Under current law, there are certain offenses for which if a person who is

licensed by DPI is convicted will result in an automatic revocation of that person's

license. Under current law, a person's license may be reinstated after six years for

certain offenses if the person shows, by clear and convincing evidence, that he or she

is entitled to reinstatement. This bill adds certain crimes to the automatic revocation

provision and adds a lifetime bar on reinstatement for certain crimes. Under current

law, a person's license is automatically revoked if he or she is convicted of a Class H

felony or higher that is a crime against life or bodily security or a crime against a

child. This bill adds that a person's license is automatically revoked if he or she is

convicted of certain crimes against children that are Class I felonies, including

sexual misconduct, certain crimes against privacy, and theft of property from a

school. Under the bill, a person's license may not be reinstated if the person is

convicted of a crime against a child that is a Class H felony or higher, sexual

misconduct against a pupil, and certain crimes against privacy.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report.

Sponsors

Introduced by: Agard (D) , Ballweg (R) , Felzkowski (R) , Hesselbein (D) , James (R) , Spreitzer (D) , Stroebel (R) , Tomczyk (R) , Wanggaard (R)

33 cosponsors

Allen (R) , Andraca (D) , Behnke (R) , Billings (D) , Binsfeld (R) , Brandtjen (R) , C. Anderson (D) , Drake (D) , Emerson (D) , Goeben (R) , Gundrum (R) , Gustafson (R) , Hurd (R) , Jacobson (D) , Joers (D) , Kitchens (R) , Maxey (R) , McGuire (D) , Moore Omokunde (D) , Murphy (R) , Mursau (R) , Nedweski (R) , O'Connor (R) , Ohnstad (D) , Ortiz-Velez (D) , Penterman (R) , Rozar (R) , Schraa (R) , Sinicki (D) , Spiros (R) , Steffen (R) , Stubbs (D) , Subeck (D)

Votes

Senate: Report adoption of Senate Substitute Amendment 1 recommended by Committee on Judiciary and Public Safety, Ayes 7, Noes 0

Passed 7–0 Oct 24, 2023 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Report passage as amended recommended by Committee on Judiciary and Public Safety, Ayes 7, Noes 0

Passed 7–0 Oct 24, 2023 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Full history

  1. Jun 14, 2023 · Senate

    Introduced by Senators James, Agard, Ballweg, Felzkowski, Hesselbein, Spreitzer, Stroebel, Tomczyk and Wanggaard; cosponsored by Representatives Spiros, McGuire, Ohnstad, Allen, C. Anderson, Andraca, Behnke, Billings, Binsfeld, Brandtjen, Drake, Goeben, Gundrum, Gustafson, Hurd, Maxey, Murphy, Mursau, Nedweski, O'Connor, Ortiz-Velez, Rozar, Schraa, Sinicki, Steffen, Stubbs and Subeck

  2. Jun 14, 2023 · Senate

    Read first time and referred to Committee on Judiciary and Public Safety

  3. Jul 27, 2023 · Senate

    Representative Moore Omokunde added as a cosponsor

  4. Aug 9, 2023 · Senate

    Representative Jacobson added as a cosponsor

  5. Aug 18, 2023 · Senate

    Representative Joers added as a cosponsor

  6. Aug 22, 2023 · Senate

    Public hearing held

  7. Oct 6, 2023 · Senate

    Senate Substitute Amendment 1 offered by Senator James

  8. Oct 24, 2023 · Senate

    Available for scheduling

  9. Oct 24, 2023 · Senate

    Executive action taken

  10. Oct 24, 2023 · Senate

    Report adoption of Senate Substitute Amendment 1 recommended by Committee on Judiciary and Public Safety, Ayes 7, Noes 0

  11. Oct 24, 2023 · Senate

    Report passage as amended recommended by Committee on Judiciary and Public Safety, Ayes 7, Noes 0

  12. Nov 3, 2023 · Senate

    Placed on calendar 11-7-2023 pursuant to Senate Rule 18(1)

  13. Nov 7, 2023 · Senate

    Read a second time

  14. Nov 7, 2023 · Senate

    Senate Substitute Amendment 1 adopted

  15. Nov 7, 2023 · Senate

    Ordered to a third reading

  16. Nov 7, 2023 · Senate

    Rules suspended to give bill its third reading

  17. Nov 7, 2023 · Senate

    Read a third time and passed

  18. Nov 7, 2023 · Senate

    Ordered immediately messaged

  19. Nov 7, 2023 · Assembly

    Received from Senate

  20. Dec 6, 2023 · Assembly

    Representative Kitchens added as a cosponsor

  21. Jan 4, 2024 · Assembly

    Representative Penterman added as a cosponsor

  22. Jan 16, 2024 · Assembly

    Read first time and referred to committee on Rules

  23. Jan 16, 2024 · Assembly

    Placed on calendar 1-18-2024 by Committee on Rules

  24. Jan 17, 2024 · Assembly

    Representative Emerson added as a cosponsor

  25. Jan 18, 2024 · Assembly

    Rules suspended to withdraw from calendar and take up

  26. Jan 18, 2024 · Assembly

    Read a second time

  27. Jan 18, 2024 · Assembly

    Ordered to a third reading

  28. Jan 18, 2024 · Assembly

    Rules suspended

  29. Jan 18, 2024 · Assembly

    Read a third time and concurred in

  30. Jan 18, 2024 · Assembly

    Ordered immediately messaged

  31. Jan 18, 2024 · Senate

    Received from Assembly concurred in

  32. Jan 22, 2024 · Senate

    Report correctly enrolled

  33. Mar 18, 2024 · Senate

    Presented to the Governor on 3-18-2024

  34. Mar 26, 2024 · Senate

    Report approved by the Governor on 3-22-2024. 2023 Wisconsin Act 200

  35. Mar 26, 2024 · Senate

    Published 3-23-2024