Wisconsin 2019-2020 Regular Session Status: Passed Senate 2 R cosponsors

SB 46 — Relating to: prostitution crime surcharge and making an appropriation. (FE)

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

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

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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

70 added · 9 removed

Plain-language change summary

The proposed changes to Senate Bill 46 include the introduction of a $5,000 surcharge for individuals convicted of crimes related to prostitution, such as soliciting or keeping a place for prostitution. This surcharge is intended to help fund services for victims of sex trafficking and support law enforcement efforts against Internet crimes targeting children. Additionally, the wording related to penalties was updated to clarify that offenders may receive either a sentence or probation, which allows for more flexibility in how justice is administered. This matters because it aims to address serious issues of victim support while also holding offenders accountable.

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- 2020 LEGISLATURE LRBa0095/1 CMH:ahe SENATE AMENDMENT 1, TO SENATE BILL 46 April 1, 2019 - Offered by SenaACQUE .
- 2020 LEGISLATURE LRB-0182/1 CMH:amn SENATE BILL 46 February 25, 2019 - Introduced by Senators J ACQUE , W ANGGAARD , L.T AYLOR, D ARLING, KOOYENGA and OLSEN , cosponsored by Representatives RANDTJEN , C ROWLEY , IELDS, GUNDRUM , HORLACHER , HUTTON , ULP, MAGNAFICI, M URPHY, R AMTHUN , ANFELIPPO , UBECK , USLER , ORPAGEL , WICHGERSand Z IMMERMAN .
At the locations indicated, amend the bill as follows:
Referred to Committee on Judiciary and Public Safety.
1.
A N A CT to amend 20.455 (2) (hd) and 48.48 (19);
Page 2, line 21:
and to create 20.437 (1) (hf), 814.75 (28), 814.76 (21), 944.35 and 973.05 (2m) (fr) of the statutes;
delete “a fine" and substitute “a sentence or places a person on probation".
relating to:
prostitution crime surcharge and making an appropriation.
Analysis by the Legislative Reference Bureau This bill creates a $5,000 surcharge to be imposed on persons who are convicted of patronizing or soliciting prostitutes, pandering, or keeping a place of prostitution.
Under this bill the surcharge amounts collected are used for treatment and services for sex-trafficking victims and for criminal investigative operations and law enforcement relating to Internet crimes against children.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1.
20.437 (1) (hf) of the statutes is created to read:
20.437 (1) (hf) Sex-trafficking victim services.
All moneys received from the prostitution crime surcharge as authorized under s.
944.35 for treatment and services for sex-trafficking victims under s.
48.48 (19).
- 2020 Legislature - 2 - LRB-0182/1 CMH:amn SENATE BILL 46 SECTION 2 SECTION 2.
20.455 (2) (hd) of the statutes is amended to read:
20.455 (2) (hd) Internet crimes against children.
All moneys transferred under 2015 Wisconsin Act 369, section 12m (1) and under 2017 Wisconsin Act 59, section 9228 (1p) shall be credited to this appropriation account and all moneys received from the prostitution crime surcharge as authorized under s.
944.35 for criminal investigative operations and law enforcement relating to Internet crimes against children, prosecution of Internet crimes against children, and activities of state and local Internet crimes against children task forces.
SECTION 3.
48.48 (19) of the statutes is amended to read:
48.48 (19) To purchase or provide treatment and services for children who are the victims of trafficking, as defined in s.
940.302 (1) (d), for purposes of a commercial sex act, as defined in s.
940.302 (1) (a).
Within the availability of funding under s.
20.437 (1) (e) and , the department shall ensure that that treatment and those services are available to children in all geographic areas of the state, including both urban and rural communities.
SECTION 4.
814.75 (28) of the statutes is created to read:
814.75 (28) The prostitution crime surcharge under s.
944.35.
SECTION 5.
814.76 (21) of the statutes is created to read:
814.76 (21) The prostitution crime surcharge under s.
944.35.
SECTION 6.
944.35 of the statutes is created to read:
944.35 Prostitution crime surcharge.
(1) If a court imposes a fine for a violation of s.
Show all 54 changed rows (14 more)
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944.31, 944.32, 944.33, or 944.34, the court shall impose under ch.
814 a prostitution crime surcharge of $5,000.
(2) The clerk of the circuit court shall collect and transmit to the county treasurer under s.
59.40 (2) (m) the amount of the surcharge.
The county treasurer LRB-0182/1 - 2020 Legislature - 3 - CMH:amn SECTION 6 SENATE BILL 46 shall then pay the secretary of administration as provided in s.
59.25 (3) (f) 2.
The secretary of administration shall deposit all amounts received under this subsection in the general fund, half of which is to be credited to the appropriation account under s.
20.455 (2) (hd) and half of which is to be credited to the appropriation account under s.
20.437 (1) (hf).
SECTION 7.
973.05 (2m) (fr) of the statutes is created to read:
973.05 (2m) (fr) To payment of the prostitution crime surcharge until paid in full.
SECTION 8.0Initial applicability.
(1) This act first applies to offenses committed on the effective date of this subsection.
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Action History

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

  2. Assembly Amendment 1 offered by Representatives B. Meyers, Stuck, Doyle, Spreitzer, Considine, Subeck, Sinicki, Ohnstad, Pope, Hebl, Shankland, Billings, Kolste and Brostoff

  3. Made a special order of business at 11:25 AM on 2-20-2020 pursuant to Assembly Resolution 21

  4. Read first time and referred to committee on Rules

  5. Received from Senate

  6. Ordered immediately messaged

  7. Read a third time and passed, Ayes 32, Noes 0

  8. Rules suspended

  9. Ordered to a third reading

  10. Senate Amendment 1 adopted

  11. Read a second time

  12. Placed on calendar 6-5-2019 pursuant to Senate Rule 18(1)

  13. Withdrawn from joint committee on Finance and made Available for Scheduling by committee on Senate Organization, pursuant to Senate Rule 41 (1)(e), Ayes 3, Noes 2

  14. Referred to joint committee on Finance by Committee on Senate Organization pursuant to Senate Rule 41 (1)(e), Ayes 3, Noes 2

  15. Fiscal estimate received

  16. Available for scheduling

  17. Report passage as amended recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 0

  18. Report adoption of Senate Amendment 1 recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 0

  19. Executive action taken

  20. Senate Amendment 1 offered by Senator Jacque

  21. Fiscal estimate received

  22. Fiscal estimate received

  23. Public hearing held

  24. Fiscal estimate received

  25. Fiscal estimate received

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

  27. Introduced by Senators Jacque, Wanggaard, L. Taylor, Darling, Kooyenga and Olsen; cosponsored by Representatives Brandtjen, Crowley, Fields, Gundrum, Horlacher, Hutton, Kulp, Magnafici, Murphy, Ramthun, Sanfelippo, Subeck, Tusler, Vorpagel, Wichgers and Zimmerman

Sponsors

Sponsorship breakdown

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6 sponsors · 0 co-sponsors · 126 not signed on

Sponsors (6)

Co-sponsors (0)

None.

Not signed on (126)

126 members have not signed on to this bill.

Show all 126 →

"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

Votes

PASSAGE

Passed 32 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 19000
Republican 8000
Democrat 5001
Total 32001
% of votes cast 97%0%0%3%
How each member voted (33)
Member Party Vote
BERNIER — Yea
JOHNSON — Yea
ROTH — Yea
BEWLEY — Yea
SCHACHTNER — Yea
KOOYENGA — Yea
SHILLING — Yea
COWLES — Yea
CRAIG — Yea
STROEBEL — Yea
DARLING — Yea
MILLER — Yea
ERPENBACH — Yea
OLSEN — Yea
TIFFANY — Yea
PETROWSKI — Yea
HANSEN — Yea
RINGHAND — Yea
RISSER — Yea
Carpenter, Tim Democrat Yea
Fitzgerald, Joan Democrat Yea
Larson, Chris Democrat Not Voting
Smith, Jeff Democrat Yea
Taylor, Sequanna Democrat Yea
Wirch, Robert Democrat Yea
Feyen, Dan Republican Yea
Jacque, André Republican Yea
Kapenga, Chris Republican Yea
LeMahieu, Devin Republican Yea
Marklein, Howard Republican Yea
Nass, Steve Republican Yea
Testin, Patrick Republican Yea
Wanggaard, Van Republican Yea

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Subjects

public-safety civil-rights
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Frequently asked questions

Who sponsors SB 46?
SB 46 is sponsored by L. Taylor, Darling, Kooyenga, Olsen, Jacque, André (Republican), and Wanggaard, Van (Republican).
What is the current status of SB 46?
This bill died with 2019-2020 Regular Session. It reached “Passed Senate” 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 46?
Track SB 46 free on One Click Politics — get push/email alerts when it moves.

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