Bills · 2023-2024 Regular Session
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
- Introduced, completed
- Passes Senate, completed
- Passes Assembly, completed
- Governor signs, completed
- 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 pageNo 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 pageNo individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.
Full history
- 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
- Jun 14, 2023 · Senate
Read first time and referred to Committee on Judiciary and Public Safety
- Jul 27, 2023 · Senate
Representative Moore Omokunde added as a cosponsor
- Aug 9, 2023 · Senate
Representative Jacobson added as a cosponsor
- Aug 18, 2023 · Senate
Representative Joers added as a cosponsor
- Aug 22, 2023 · Senate
Public hearing held
- Oct 6, 2023 · Senate
Senate Substitute Amendment 1 offered by Senator James
- Oct 24, 2023 · Senate
Available for scheduling
- Oct 24, 2023 · Senate
Executive action taken
- Oct 24, 2023 · Senate
Report adoption of Senate Substitute Amendment 1 recommended by Committee on Judiciary and Public Safety, Ayes 7, Noes 0
- Oct 24, 2023 · Senate
Report passage as amended recommended by Committee on Judiciary and Public Safety, Ayes 7, Noes 0
- Nov 3, 2023 · Senate
Placed on calendar 11-7-2023 pursuant to Senate Rule 18(1)
- Nov 7, 2023 · Senate
Read a second time
- Nov 7, 2023 · Senate
Senate Substitute Amendment 1 adopted
- Nov 7, 2023 · Senate
Ordered to a third reading
- Nov 7, 2023 · Senate
Rules suspended to give bill its third reading
- Nov 7, 2023 · Senate
Read a third time and passed
- Nov 7, 2023 · Senate
Ordered immediately messaged
- Nov 7, 2023 · Assembly
Received from Senate
- Dec 6, 2023 · Assembly
Representative Kitchens added as a cosponsor
- Jan 4, 2024 · Assembly
Representative Penterman added as a cosponsor
- Jan 16, 2024 · Assembly
Read first time and referred to committee on Rules
- Jan 16, 2024 · Assembly
Placed on calendar 1-18-2024 by Committee on Rules
- Jan 17, 2024 · Assembly
Representative Emerson added as a cosponsor
- Jan 18, 2024 · Assembly
Rules suspended to withdraw from calendar and take up
- Jan 18, 2024 · Assembly
Read a second time
- Jan 18, 2024 · Assembly
Ordered to a third reading
- Jan 18, 2024 · Assembly
Rules suspended
- Jan 18, 2024 · Assembly
Read a third time and concurred in
- Jan 18, 2024 · Assembly
Ordered immediately messaged
- Jan 18, 2024 · Senate
Received from Assembly concurred in
- Jan 22, 2024 · Senate
Report correctly enrolled
- Mar 18, 2024 · Senate
Presented to the Governor on 3-18-2024
- Mar 26, 2024 · Senate
Report approved by the Governor on 3-22-2024. 2023 Wisconsin Act 200
- Mar 26, 2024 · Senate
Published 3-23-2024