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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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