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Wisconsin Legislature: SB849: Bill Text
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SB849: Bill Text
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2025 - 2026 LEGISLATURE
LRB-5885/1
MJW:skw
2025 SENATE BILL 849
January 15, 2026 - Introduced by Senators
Wanggaard
and
Habush Sinykin
, cosponsored by Representatives
Mursau
,
Steffen
,
Stubbs
,
Behnke
,
Dittrich
,
Gundrum
,
Kreibich
,
Murphy
,
O'Connor
,
Ortiz-Velez
,
Penterman
,
Piwowarczyk
,
Sinicki
and
Udell
. Referred to Committee on Judiciary and Public Safety.
SB849,1,4
1
An Act
to renumber and amend
940.302 (3) and 948.051 (3);
to create
2
893.586, 895.439 (title), 895.439 (1) (title) and 895.439 (2) (title) of the
3
statutes;
relating to:
the civil causes of action for human trafficking and
4
trafficking a child.
Analysis by the Legislative Reference Bureau
Under current law, a victim of human trafficking or child trafficking who incurs an injury or death as a result of the trafficking may bring a civil cause of action against the person who committed the violation. The victim must commence the civil action within three years of the injury.
Under current law, a person who is injured by an act that would constitute a violation of criminal laws relating to sexual assault of a child or incest with a child may bring a cause of action against the person who caused the injury regardless of whether that person was prosecuted or convicted for the criminal violation. The victim must commence the civil action before he or she reaches the age of 35.
This bill specifies that a victim of child trafficking may bring a civil action regardless of whether anyone was prosecuted or convicted for the child trafficking violation, and specifies that the victim may commence the civil action any time before he or she reaches the age of 35.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB849,1
1
Section
1
.
893.586 of the statutes is created to read:
SB849,2,4
2
893.586
Trafficking of a child; limitation.
An action under s. 895.439 (2)
3
for damages shall be commenced before the injured party reaches the age of 35
4
years or be barred.
SB849,2
5
Section
2
.
895.439 (title) of the statutes is created to read:
SB849,2,6
6
895.439
(title)
Trafficking, action for.
SB849,3
7
Section
3
.
895.439 (1) (title) of the statutes is created to read:
SB849,2,8
8
895.439
(1)
(title)
Human trafficking.
SB849,4
9
Section
4
.
895.439 (2) (title) of the statutes is created to read:
SB849,2,10
10
895.439
(2)
(title)
Trafficking of a child.
SB849,5
11
Section
5
.
940.302 (3) of the statutes is renumbered 895.439 (1) and
12
amended to read:
SB849,2,17
13
895.439
(1)
Any person who incurs an injury or death as a result of a violation
14
of
sub.
s. 940.302
(2) may bring a civil action against the person who committed the
15
violation. In addition to actual damages, the court may award punitive damages to
16
the injured party, not to exceed treble the amount of actual damages incurred, and
17
reasonable attorney fees.
SB849,6
18
Section
6
.
948.051 (3) of the statutes is renumbered 895.439 (2) and
19
amended to read:
SB849,3,4
20
895.439
(2)
Any person who incurs an injury or death as a result of a violation
21
of
sub. (1) or (2)
s. 948.051
may bring a civil action against the person who
22
committed the violation.
An action may be brought under this subsection
1
regardless of whether anyone was prosecuted or convicted for the violation.
In
2
addition to actual damages, the court may award punitive damages to the injured
3
party, not to exceed treble the amount of actual damages incurred, and reasonable
4
attorney fees.
SB849,3,5
5
(end)
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