Wisconsin 2023-2024 Regular Session Status: In Committee Bipartisan · 13 R · 9 D cosponsors

AB 341 — Relating to: sexual misconduct against a pupil by a school staff member or volunteer and providing a penalty.

Last action — Failed to pass pursuant to Senate Joint Resolution 1

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

This bill died with 2023-2024 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

How this bill changes current law

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Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

This bill establishes sexual misconduct as a Class I felony for school staff and volunteers, creates new license revocation guidelines, and mandates reporting to the Department of Public Instruction for specific misconduct allegations.

  • 115.31 (2g)

    (c) Any of the following, if the violation occurs on or after the effective date of this paragraph .... [LRB inserts date]: 1. A violation of s. 942.08, 942.09 (2), 948.098, 948.10, or 948.11 (2) (a). 2. A felony violation of s. 943.20 if the property belonged to the school district. 3. A violation of federal law or the law of any other state or jurisdiction that would be a violation of subd. 1. or 2. or par. (a) or (b) if committed in this state.

    Adds specific offenses related to sexual misconduct and theft from a school that lead to automatic license revocation.

  • 115.31 (2r) (c)

    The state superintendent may not reinstate a license revoked under sub. (2g) if the license was revoked for any of the following: 1. A felony conviction for a violation of ch. 948 described in sub. (2g) (a) or (b). 2. A felony conviction for a violation of s. 942.08 or 948.098. 3. A conviction for a violation of s. 942.09 if the person depicted in the representation is a child. 4. A conviction for the violation of federal law or the law of any other state or jurisdiction that would be a violation of subd. 1., 2., or 3. if committed in this state.

    Specifies circumstances under which a revoked license can never be reinstated, greatly affecting those convicted of certain sexual offenses.

  • 48.981 (3d)

    An agency that receives a report under sub. (3) of conduct that constitutes a violation of s. 948.098 shall notify the department of public instruction of the alleged violation including the name of the person alleged and the name of the school district or school at which the person works or volunteers.

    Requires agencies to report violations of sexual misconduct to the Department of Public Instruction.

  • 948.098

    Any school staff member or volunteer who commits an act of sexual misconduct against a pupil enrolled in a school is guilty of a Class I felony if all of the following apply: (a) The staff member or volunteer knew or should have known that his or her conduct was sufficiently severe to substantially interfere with a pupil's academic performance or create an intimidating, hostile, or offensive school environment. (b) The conduct in fact substantially interfered with a pupil's academic performance or caused the pupil to experience an intimidating, hostile, or offensive school environment.

    Creates a new Class I felony for sexual misconduct by school staff against students, enhancing protections for pupils.

  • 115.31 (2g)

    Notwithstanding subch. II of ch. 111, the state superintendent shall revoke a license granted by the state superintendent, without a hearing, if the licensee is convicted of any of the following: (a) A Class A, B, C, or D felony under ch. 940 or 948, except ss. 940.08 and 940.205, for a violation that occurs on or after September 12, 1991, or any (b) A Class E, F, G, or H felony under ch. 940 or 948, except ss. 940.08 and 940.205, for a violation that occurs on or after February 1, 2003. → Notwithstanding subch. II of ch. 111, the state superintendent shall revoke a license granted by the state superintendent, without a hearing, if the licensee is convicted of any of the following: (a) A Class A, B, C, or D felony under ch. 940 or 948, except ss. 940.08 and 940.205, for a violation that occurs on or after September 12, 1991, or any (b) A Class E, F, G, or H felony under ch. 940 or 948, except ss. 940.08 and 940.205, for a violation that occurs on or after February 1, 2003.

    Reaffirms existing automatic license revocation rules while adding new provisions, enhancing accountability.

Action History

  1. Failed to pass pursuant to Senate Joint Resolution 1

  2. Laid on the table

  3. Representative Emerson added as a coauthor

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

  5. Referred to committee on Rules

  6. Report passage as amended recommended by Committee on Education, Ayes 14, Noes 0

  7. Report Assembly Substitute Amendment 1 adoption recommended by Committee on Education, Ayes 14, Noes 0

  8. Representative Penterman added as a coauthor

  9. Executive action taken

  10. Representative Kitchens added as a coauthor

  11. Public hearing held

  12. Assembly Substitute Amendment 1 offered by Representative Spiros

  13. Representative Joers added as a coauthor

  14. Representative Jacobson added as a coauthor

  15. Representative Ratcliff added as a coauthor

  16. Representative Moore Omokunde added as a coauthor

  17. Read first time and referred to Committee on Education

  18. Introduced 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; cosponsored by Senators James, Agard, Ballweg, Felzkowski, Hesselbein, Spreitzer, Stroebel, Tomczyk and Wanggaard

Sponsors

Sponsorship breakdown

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27 sponsors · 0 co-sponsors · 105 not signed on

Sponsors (27)

Co-sponsors (0)

None.

Not signed on (105)

105 members have not signed on to this bill.

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"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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Frequently asked questions

Who sponsors AB 341?
AB 341 is sponsored by Spiros, John (Republican), McGuire, Tip (Democrat), Ohnstad, Allen, Scott (Republican), Anderson, Clinton (Democrat), Andraca, Deb (Democrat), Behnke, Elijah (Republican), Billings, Jill (Democrat), Binsfeld, Brandtjen, Drake, Dora (Democrat), Goeben, Joy (Republican), Gundrum, Rick (Republican), Gustafson, Nate (Republican), Hurd, Karen (Republican), Maxey, Dave (Republican), Murphy, David (Republican), Mursau, Jeffrey (Republican), Nedweski, Amanda (Republican), O'Connor, Jerry (Republican), Ortiz-Velez, Sylvia (Democrat), Rozar, Schraa, Sinicki, Christine (Democrat), Steffen, David (Republican), Stubbs, Shelia (Democrat), and Subeck, Lisa (Democrat).
What is the current status of AB 341?
This bill died with 2023-2024 Regular Session. It reached “In Committee” 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 341?
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