Wisconsin 2019-2020 Regular Session Status: Passed Assembly Bipartisan · 4 D · 1 R cosponsors

AB 171 — Relating to: sexual contact by a law enforcement officer with a person in his or her custody and providing a penalty.

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

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

This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

38 added · 17 removed

Plain-language change summary

The recent amendment to Assembly Bill 171 clarifies the language regarding sexual contact between law enforcement officers and individuals they have detained. Instead of using the term "custody," the bill now specifies that the offense applies to anyone "detained" or "in the custody" of a law enforcement officer. This change broadens the scope of the law to cover all individuals under law enforcement's supervision, ensuring stronger protections against sexual misconduct by officers. By explicitly defining who is protected under this law, it emphasizes accountability and the seriousness of the offense.

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- 2020 LEGISLATURE LRBa0281/1 MLJ:cjs ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 171 June 12, 2019 - Offered by RepresentativeHIESFELDTand M CG UIRE.
- 2020 LEGISLATURE LRB-2595/1 MLJ:amn ASSEMBLY BILL 171 April 18, 2019 - Introduced by Representatives T HIESFELDT, M YERS, ANDERSON , M URSAU , C.
At the locations indicated, amend the bill as follows:
TAYLOR, SPREITZER, SUBECK , FIELDS, SARGENT and Z AMARRIPA, cosponsored by Senators L .T AYLOR, W ANGGAARD , LEM AHIEU, SMITH and J ACQUE.
1.
Referred to Committee on Criminal Justice and Public Safety.
Page 1, line 2:
A N A CT to create 940.225 (2) (k) of the statutes;
delete “his or her" and substitute “detainment or".
relating to:
2.
sexual contact by a law enforcement officer with a person in his or her custody and providing a penalty.
Page 2, line 2:
Analysis by the Legislative Reference Bureau Under this bill, it is a Class C Felony for a law enforcement officer to have sexual contact or sexual intercourse with a person in his or her custody.
delete “, as defined in s.
For the purposes of the crime created in this bill, consent is not an issue.
165.85 (2) (c),".
The bill adds the prohibited conduct to the list of activities in current law that constitute second degree sexual assault.
3.
Current law does not contain a criminal prohibition on sexual contact between a law enforcement officer and a person in his or her custody.
Page 2, line 3:
Under current law, a person may be required to register as a sex offender for certain crimes that are sexually motivated if the judge determines that it would be in the interest of public protection to have the person register.
delete “in his or her custody" and substitute “who is detained by any law enforcement officer, as provided under s.
Under this bill, the new offense of sexual contact between a law enforcement officer and a person in his or her custody would be subject to this provision.
968.24, or is in the custody of any law enforcement officer".
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.
4.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Page 2, line 4:
- 2020 Legislature - 2 - LRB-2595/1 MLJ:amn ASSEMBLY BILL 171 SECTION 1 SECTION 1.
before “custody" insert “detainment or".
940.225 (2) (k) of the statutes is created to read:
5.
940.225 (2) (k) Is a law enforcement officer, as defined in s.
Page 2, line 6:
165.85 (2) (c), and has sexual contact or sexual intercourse with any person in his or her custody.
after that line insert:
This paragraph applies whether the custody is lawful or unlawful and whether the custody is actual or constructive.
“SECTION 2.
Consent is not an issue in an action under this paragraph.
940.225 (5) (aj) of the statutes is created to read:
940.225 (5) (aj) “Law enforcement officer” has the meaning designated in s.
165.85 (2) (c).”.
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Action History

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

  2. Representative Cabrera added as a coauthor

  3. Available for scheduling

  4. Report concurrence recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 0

  5. Executive action taken

  6. Public hearing held

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

  8. Received from Assembly

  9. Ordered immediately messaged

  10. Read a third time and passed

  11. Rules suspended

  12. Ordered to a third reading

  13. Assembly Amendment 1 adopted

  14. Read a second time

  15. Placed on calendar 6-20-2019 by Committee on Rules

  16. Referred to committee on Rules

  17. Report passage as amended recommended by Committee on Criminal Justice and Public Safety, Ayes 13, Noes 0

  18. Report Assembly Amendment 1 adoption recommended by Committee on Criminal Justice and Public Safety, Ayes 13, Noes 0

  19. Executive action taken

  20. Assembly Amendment 1 offered by Representatives Thiesfeldt and McGuire

  21. Public hearing held

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

  23. Introduced by Representatives Thiesfeldt, Myers, Anderson, Mursau, C. Taylor, Spreitzer, Subeck, Fields, Sargent and Zamarripa; cosponsored by Senators L. Taylor, Wanggaard, LeMahieu, Smith and Jacque

Sponsors

Sponsorship breakdown

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10 sponsors · 0 co-sponsors · 122 not signed on

Sponsors (10)

Co-sponsors (0)

None.

Not signed on (122)

122 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 171?
AB 171 is sponsored by Thiesfeldt, Myers, Mursau, Jeffrey (Republican), Spreitzer, Mark (Democrat), Subeck, Lisa (Democrat), Fields, Sargent, Zamarripa, Anderson, Clinton (Democrat), and Taylor, Sequanna (Democrat).
What is the current status of AB 171?
This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” 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 171?
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Last checked for changes 3 months ago · updated continuously

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