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Wisconsin Legislature: AB84: Bill Text
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AB84: Bill Text
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2025 - 2026 LEGISLATURE
LRB-2040/1
CMH:emw
2025 ASSEMBLY BILL 84
February 28, 2025 - Introduced by Representatives
Allen
,
Penterman
,
Behnke
,
Brill
,
Dittrich
,
Goodwin
,
Kreibich
,
Maxey
,
Mursau
,
Piwowarczyk
,
Sheehan
,
Subeck
and
Wichgers
, cosponsored by Senators
Jacque
and
Wanggaard
. Referred to Committee on Criminal Justice and Public Safety.
AB84,1,3
1
An Act
to amend
20.455 (2) (hd) and 48.48 (19);
to create
20.437 (1) (hf),
2
814.75 (28), 814.76 (21), 944.35 and 973.05 (2m) (fr) of the statutes;
relating
3
to:
prostitution crime surcharge and making an appropriation.
Analysis by the Legislative Reference Bureau
Under current law, the court must impose certain surcharges on a defendant who has been found guilty of a criminal offense. The surcharges are in addition to any applicable fines, costs, and fees. For instance, the court must impose a crime victim and witness assistance surcharge in an amount of $67 for each conviction of a misdemeanor count and in an amount of $92 for each conviction of a felony count. The surcharge amounts collected reimburse counties for services provided to victims and witnesses of crimes.
This bill creates a $5,000 surcharge to be imposed on persons who are convicted of patronizing or soliciting prostitutes, pandering, keeping a place of prostitution, soliciting a child for prostitution, or patronizing a child. Under the 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:
AB84,1
1
Section
1
.
20.437 (1) (hf) of the statutes is created to read:
AB84,2,4
2
20.437
(1)
(hf)
Sex-trafficking victim services.
All moneys received from the
3
prostitution crime surcharge as authorized under s. 944.35, for treatment and
4
services for sex-trafficking victims under s. 48.48 (19).
AB84,2
5
Section
2
.
20.455 (2) (hd) of the statutes is amended to read:
AB84,2,12
6
20.455
(2)
(hd)
Internet crimes against children.
All moneys transferred
7
under par. (Lp),
2017 Wisconsin Act 59
, section
9228 (1p)
, and
2019 Wisconsin Act
8
9
, section
9227 (1)
,
shall be credited to this appropriation account
and all moneys
9
received from the prostitution crime surcharge as authorized under s. 944.35,
for
10
criminal investigative operations and law enforcement relating to Internet crimes
11
against children, prosecution of Internet crimes against children, and activities of
12
state and local Internet crimes against children task forces.
AB84,3
13
Section
3
.
48.48 (19) of the statutes is amended to read:
AB84,2,19
14
48.48
(19)
To purchase or provide treatment and services for children who are
15
the victims of trafficking, as defined in s. 940.302 (1) (d), for purposes of a
16
commercial sex act, as defined in s. 940.302 (1) (a). Within the availability of
17
funding under s. 20.437 (1) (e)
and (hf)
, the department shall ensure that that
18
treatment and those services are available to children in all geographic areas of the
19
state, including both urban and rural communities.
AB84,4
20
Section
4
.
814.75 (28) of the statutes is created to read:
AB84,2,21
21
814.75
(28)
The prostitution crime surcharge under s. 944.35.
AB84,5
22
Section
5
.
814.76 (21) of the statutes is created to read:
AB84,3,1
1
814.76
(21)
The prostitution crime surcharge under s. 944.35.
AB84,6
2
Section
6
.
944.35 of the statutes is created to read:
AB84,3,6
3
944.35
Prostitution crime surcharge.
(1)
If a court imposes a sentence or
4
places a person on probation for a violation of s. 944.31, 944.32, 944.33, 944.34,
5
948.08, or 948.081, the court shall impose under ch. 814 a prostitution crime
6
surcharge of $5,000.
AB84,3,13
7
(2)
The clerk of the circuit court shall collect and transmit to the county
8
treasurer under s. 59.40 (2) (m) the amount of the surcharge. The county treasurer
9
shall then pay the secretary of administration as provided in s. 59.25 (3) (f) 2. The
10
secretary of administration shall deposit all amounts received under this
11
subsection in the general fund, half of which is to be credited to the appropriation
12
account under s. 20.437 (1) (hf) and half of which is to be credited to the
13
appropriation account under s. 20.455 (2) (hd).
AB84,7
14
Section
7
.
973.05 (2m) (fr) of the statutes is created to read:
AB84,3,16
15
973.05
(2m)
(fr) To payment of the prostitution crime surcharge until paid in
16
full.
AB84,8
17
Section
8
. Initial applicability.
AB84,3,19
18
(
1
) This act first applies to offenses committed on the effective date of this
19
subsection.
AB84,3,20
20
(end)
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