Wisconsin 2019-2020 Regular Session Status: In Committee Bipartisan · 3 R · 1 D cosponsors

SB 104 — 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 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 2019-2020 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

What changed in the latest version

38 added · 17 removed

Plain-language change summary

The amendments made to Senate Bill 104 clarify the language regarding sexual conduct by law enforcement officers with individuals under their control. Instead of focusing solely on individuals "in custody," the bill now includes those who are "detained" by law enforcement officers. This change broadens the scope of the law to cover more situations where an officer's inappropriate conduct could occur, reinforcing protections for individuals in these vulnerable circumstances. This matters because it aims to hold law enforcement accountable and ensure a safer environment for all individuals they interact with.

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- 2020 LEGISLATURE LRBa0454/1 MLJ:cjs SENATE AMENDMENT 2, TO SENATE BILL 104 September 24, 2019 - Offered by Senator.TAYLOR.
- 2020 LEGISLATURE LRB-1531/1 MLJ:amn SENATE BILL 104 March 15, 2019 - Introduced by Senators LT AYLOR, WANGGAARD , LEM AHIEU, SMITH and JACQUE , cosponsored by Representatives THIESFELDT, MYERS , NDERSON , M URSAU, C .TAYLOR , SPREITZER, SUBECK , FIELDS, SARGENT and Z AMARRIPA .
At the locations indicated, amend the bill as follows:
Referred to Committee on Judiciary and Public Safety.
1.
A N A CT to create 940.225 (2) (k) of the statutes;
Page 1, line 2:
relating to:
delete “his or her" and substitute “detainment or".
sexual contact by a law enforcement officer with a person in his or her custody and providing a penalty.
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.
Page 2, line 2:
For the purposes of the crime created in this bill, consent is not an issue.
delete “, as defined in s.
The bill adds the prohibited conduct to the list of activities in current law that constitute second degree sexual assault.
165.85 (2) (c),".
Current law does not contain a criminal prohibition on sexual contact between a law enforcement officer and a person in his or her custody.
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.
Page 2, line 3:
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.
delete “in his or her custody" and substitute “who is detained by any law enforcement officer, as provided under s.
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.
968.24, or is in the custody of any law enforcement officer".
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
4.
- 2020 Legislature - 2 - LRB-1531/1 MLJ:amn SENATE BILL 104 SECTION 1 SECTION 1.
Page 2, line 4:
940.225 (2) (k) of the statutes is created to read:
before “custody" insert “detainment or".
940.225 (2) (k) Is a law enforcement officer, as defined in s.
5.
165.85 (2) (c), and has sexual contact or sexual intercourse with any person in his or her custody.
Page 2, line 6:
This paragraph applies whether the custody is lawful or unlawful and whether the custody is actual or constructive.
after that line insert:
Consent is not an issue in an action under this paragraph.
“SECTION 2.
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 pass pursuant to Senate Joint Resolution 1

  2. Representative Cabrera added as a cosponsor

  3. Available for scheduling

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

  5. Report adoption of Senate Amendment 2 recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 0

  6. Executive action taken

  7. Senate Amendment 2 offered by Senator L. Taylor

  8. Senate Amendment 1 offered by Senator L. Taylor

  9. Public hearing held

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

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

Sponsors

Sponsorship breakdown

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5 sponsors · 0 co-sponsors · 127 not signed on

Sponsors (5)

Co-sponsors (0)

None.

Not signed on (127)

127 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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Votes

Subjects

public-safety civil-rights
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Frequently asked questions

Who sponsors SB 104?
SB 104 is sponsored by L. Taylor, Smith, Jeff (Democrat), LeMahieu, Devin (Republican), Wanggaard, Van (Republican), and Jacque, André (Republican).
What is the current status of SB 104?
This bill died with 2019-2020 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 104?
Track SB 104 free on One Click Politics — get push/email alerts when it moves.

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