Wisconsin 2023-2024 Regular Session Status: To Executive Bipartisan · 13 D · 11 R cosponsors

AB 129 — Relating to: sexual assault by a health care provider and providing a penalty.

Last action — Failed to concur in pursuant to Senate Joint Resolution 1

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

42 added · 13 removed

Plain-language change summary

The amendments to Bill AB 129 clarify that health care providers who engage in sexual contact or intercourse with a patient under treatment or during consultations will be committing a Class C felony. This change emphasizes the importance of protecting patients from abuse in medical settings. By specifying that the prohibition applies during any medical interaction, the bill aims to provide better legal safeguards for patients and hold health care providers accountable for their conduct.

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- 2024 LEGISLATURE LRBa0271/1 CMH:amn ASSEMBLY AMENDMENT 1, TO ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 129 June 30, 2023 - Offered by RepresentatiITTRIC.
- 2024 LEGISLATURE LRB-0726/1 MJW:cjs ASSEMBLY BILL 129 March 24, 2023 - Introduced by Representatives D ITTRICH, SUBECK, PENTERMAN , KRUG , GUNDRUM , BODDEN , ROZAR, EMERSON , RODRIGUEZ , CHUTT , KITCHENS , SINICK, ANDRACA , BROOKS , GREEN, JOERS, BRANDTJEN , ORTIZ-VELEZ, CONLEY , GUSTAFSON , JACOBSON , LLEN , .A NDERSON , CLANCY, C.A NDERSON , OHNSTAD , M ADISON, CONSIDINE, S.JOHNSON , BALDEH , HANKLAND , MURSAU and S TUBBS , cosponsored by Senators B ALLWEG , AGARD , ROYS , HESSELBEIN, SPREITZER , STROEBEL , ARSON , WIRCH and M ARKLEIN.
At the locations indicated, amend the substitute amendment as follows:
Referred to Committee on Criminal Justice and Public Safety.
1.
A N A CT to amend 940.225 (2) (j) and 940.225 (5) (abm) of the statutes;
Page 1, line 4:
relating to:
after “(hp)" insert “or (q) to (s)".
sexual assault by a health care provider and providing a penalty.
2.
Analysis by the Legislative Reference Bureau Under current law, it is a Class C felony for a person who is a licensee, employee, or nonclient resident of an entity that provides various welfare, foster, adoption, and health services, including a hospital, to have sexual contact or sexual intercourse with a client of the entity.
Page 1, line 5:
Under some but not all circumstances, this prohibition applies to various health care providers and their clients.
delete “an individual" and substitute “a patient, as defined in s.
Under this bill, it is also a Class C felony for a health care provider to have sexual contact or sexual intercourse with a client.
146.81 (3),".
Under current law, with some exceptions, a person is required to register as a sex offender for certain crimes that are sexually motivated.
3.
Under the bill, the new offense of sexual contact or sexual intercourse by a health care provider is subject to this provision.
Page 1, line 6:
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.
delete the material beginning with “if that" and ending with “intercourse" on line 7 and substitute “during any treatment, consultation, interview, or examination”.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1.
940.225 (2) (j) of the statutes is amended to read:
- 2024 Legislature - 2 - LRB-0726/1 MJW:cjs ASSEMBLY BILL 129 SECTION 1 940.225 (2) (j) Is a licensee, employee, or nonclient resident of an entity, as defined in s.
48.685 (1) (b) or 50.065 (1) (c), and has sexual contact or sexual intercourse with a client of the entity, or is a health care provider under s.
146.81 (1) (a) to (hp) and has sexual contact or sexual intercourse with a client.
SECTION 2.
940.225 (5) (abm) of the statutes is amended to read:
940.225 (5) (abm) “Client" means an individual who receives direct care or treatment services from a health care provider orntity.
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Action History

  1. Failed to concur in pursuant to Senate Joint Resolution 1

  2. Public hearing held

  3. Read first time and referred to committee on Judiciary and Public Safety

  4. Received from Assembly

  5. Ordered immediately messaged

  6. Representative Cabrera added as a coauthor

  7. Read a third time and passed

  8. Rules suspended

  9. Ordered to a third reading

  10. Assembly Substitute Amendment 1 adopted

  11. Assembly Amendment 1 to Assembly Substitute Amendment 1 adopted

  12. Read a second time

  13. Representative O'Connor added as a coauthor

  14. Placed on calendar 11-14-2023 by Committee on Rules

  15. Referred to committee on Rules

  16. Report passage as amended recommended by Committee on Criminal Justice and Public Safety, Ayes 14, Noes 0

  17. Report Assembly Substitute Amendment 1 adoption recommended by Committee on Criminal Justice and Public Safety, Ayes 14, Noes 0

  18. Report Assembly Amendment 1 to Assembly Substitute Amendment 1 adoption recommended by Committee on Criminal Justice and Public Safety, Ayes 14, Noes 0

  19. Executive action taken

  20. Representative Steffen added as a coauthor

  21. Assembly Amendment 1 to Assembly Substitute Amendment 1 offered by Representative Dittrich

  22. Public hearing held

  23. Assembly Substitute Amendment 1 offered by Representative Dittrich

  24. Representative Ratcliff added as a coauthor

  25. Read first time and referred to Committee on Criminal Justice and Public Safety

  26. Introduced by Representatives Dittrich, Subeck, Penterman, Krug, Gundrum, Bodden, Rozar, Emerson, Rodriguez, Schutt, Kitchens, Sinicki, Andraca, Brooks, Green, Joers, Brandtjen, Ortiz-Velez, Conley, Gustafson, Jacobson, Allen, J. Anderson, Clancy, C. Anderson, Ohnstad, Madison, Considine, S. Johnson, Baldeh, Shankland, Mursau and Stubbs; cosponsored by Senators Ballweg, Agard, Roys, Hesselbein, Spreitzer, Stroebel, Larson, Wirch and Marklein

Sponsors

Sponsorship breakdown

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33 sponsors · 0 co-sponsors · 99 not signed on

Sponsors (33)

Co-sponsors (0)

None.

Not signed on (99)

99 members have not signed on to this bill.

Show all 99 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Votes

Subjects

public-safety civil-rights healthcare
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Frequently asked questions

Who sponsors AB 129?
AB 129 is sponsored by Dittrich, Barbara (Republican), Subeck, Lisa (Democrat), Penterman, William (Republican), Krug, Scott (Republican), Gundrum, Rick (Republican), Bodden, Rozar, Emerson, Jodi (Democrat), Rodriguez, Jessie (Republican), Schutt, Kitchens, Joel (Republican), Sinicki, Christine (Democrat), Andraca, Deb (Democrat), Brooks, Robert (Republican), Green, Chanz (Republican), Joers, Alex (Democrat), Brandtjen, Ortiz-Velez, Sylvia (Democrat), Conley, Gustafson, Nate (Republican), Jacobson, Jenna (Democrat), Allen, Scott (Republican), Clancy, Ryan (Democrat), Anderson, Clinton (Democrat), Ohnstad, Madison, Darrin (Democrat), Considine, Baldeh, Shankland, Mursau, Jeffrey (Republican), Stubbs, Shelia (Democrat), and Johnson, Tara (Democrat).
What is the current status of AB 129?
This bill died with 2023-2024 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 129?
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