Wisconsin 2023-2024 Regular Session Status: In Committee 6 R cosponsors

SB 438 — Relating to: definition of “sex” for the purpose of placing prisoners and conducting strip searches.

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

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

7 changes Share ↗

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

The bill defines 'sex' for the purpose of placing prisoners and conducting strip searches while establishing conditions under which strip searches may be conducted.

  • 968.255 (1) (au)

    “Sex” means a person's sex at birth, as being male or female, according to distinct reproductive roles as manifested by sex and reproductive organ anatomy, chromosomal makeup, and endogenous hormone profiles.

    Establishes a definition for 'sex' based on biological attributes.

  • 302.375 (3) (a)

    302.375 (3) (am) 1.

    Renumbers the section regarding the prohibition of placing prisoners of different sexes.

  • 302.375 (3) (b)

    Notwithstanding par. (a), the sheriff, jailer or keeper may permit prisoners of different sexes to participate together in treatment or in educational, vocational, religious or athletic activities or to eat together, under such supervision as the sheriff, jailer or keeper deems necessary. → Notwithstanding par. (a) subdivision 1., the sheriff, jailer or keeper may permit prisoners of different sexes to participate together in treatment or in educational, vocational, religious or athletic activities or to eat together, under such supervision as the sheriff, jailer or keeper deems necessary.

    Modifies the text for clarity while maintaining the same overall prohibition.

  • 302.375 (3) (ag)

    302.375 (3) (ag) 1. “Sex” has the meaning given in s. 968.255 (1) (au). 2. “Strip search" means a search in which a prisoner's genitals, pubic area, buttock, or anus, or a female prisoner's breast, is uncovered and either is exposed to view or is touched by a person conducting the search.

    Defines 'strip search' and links the definition of 'sex' within the section.

  • 302.375 (3) (bm)

    302.375 (3) (bm) Unless exigent circumstances require an immediate search, no person may conduct a strip search on a prisoner unless the person conducting the strip search is of the same sex as the prisoner.

    Establishes conditions for conducting strip searches on prisoners, aligning with the new definition of 'sex'.

  • 938.505 (3)

    938.505 (3) (a) In this subsection: 1. “Sex” has the meaning given in s. 968.255 (1) (au). 2. “Strip search" means a search in which a juvenile's genitals, pubic area, buttock, or anus, or a female juvenile's breast, is uncovered and either is exposed to view or is touched by a person conducting the search. (b) Unless exigent circumstances require an immediate search, no person may conduct a strip search on a juvenile unless the person conducting the strip search is of the same sex as the juvenile.

    Establishes a definition for 'strip search' in the context of juvenile supervision and mandates same-sex searches unless exigent circumstances exist.

  • 973.09 (4) (d)

    973.09 (4) (d) 1. In this paragraph, “strip search" means a search in which a probationer's genitals, pubic area, buttock, or anus, or a female probationer's breast, is uncovered and either is exposed to view or is touched by a person conducting the search. 2. Unless exigent circumstances require an immediate search, no person may conduct a strip search on a probationer subject to this subsection unless the person conducting the strip search is of the same sex, as defined in s. 968.255 (1) (au), as the probationer.

    Defines 'strip search' for probationers and sets the requirement for same-sex searches.

Action History

  1. Failed to pass pursuant to Senate Joint Resolution 1

  2. Public hearing held

  3. Representative Schutt added as a cosponsor

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

  5. Introduced by Senators James, Jacque, Marklein, Quinn, Stroebel, Wanggaard and Nass; cosponsored by Representatives Bodden, Behnke, Binsfeld, Brandtjen, Brooks, Callahan, Dittrich, Donovan, Goeben, Maxey, Michalski, O'Connor, Rettinger, Sapik, Spiros, Tusler and Wichgers

Sponsors

Sponsorship breakdown

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7 sponsors · 0 co-sponsors · 125 not signed on

Sponsors (7)

Co-sponsors (0)

None.

Not signed on (125)

125 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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
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Frequently asked questions

Who sponsors SB 438?
SB 438 is sponsored by James, Jesse (Republican), Jacque, André (Republican), Marklein, Howard (Republican), Quinn, Romaine (Republican), Stroebel, Wanggaard, Van (Republican), and Nass, Steve (Republican).
What is the current status of SB 438?
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 SB 438?
Track SB 438 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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