STATEMENT OF COMPLIANCE FORM CPR! State of Wisconsin PUBLIC RECORDS BOARD AGENCY LEGISLATIVE REFERENCE BUREAU DIVISION DATE 2-20-84 REEL NUMBER RECORD SERIES Drafting Records I certify that the film listed above complies with the mini- mum standards of quality for permanent photographic re- cords, as established by the Public Records Board and that the film was processed and developed in accordance with minimum standards established by the Board. DISPOSAL AUTHORIZATION NUMBER 130/76-1 I certify pursuant to Section 16.61 (7) Wisconsin Stat- utes, that this records series has been photographed on the reels of film listed above. Form CPR 10 FILM DEVELOPER AND PROCESSOR Dr. H. Ruit Theobald, Chief Legislative Reference Bureau Madison, Wis. 53702 Dr. H. Rupert Theobald, Chief HEAD OF AGENCY OR DESIGNATED REPRESENTATIVE REEL NUMBER State of Wisconsin PUBLIC RECORDS BOARD CAMERA OPERATOR'S CERTIFICATE REDUCTION RATIO 42:1 (MODEL) DISPOSAL AUTHORIZATION NUMBER 130/76-1 (SERIAL NUMBER) CAMERA (TYPE) DIETZGEN STEP & REPEAT TITLE OF RECORD SERIES LEGISLATIVE REFERENCE BUREAU AGENCY LEGISLATIVE REFERENCE BUREAU ROLL BEGINS WITH I certify that I have on this day of 2-20 1984 photographed the above described documents in accordance with the standards and procedures established by Section 16 61 of the Wisconsin Statutes. 1973 Assembly Bills 173 ROLL ENDS WITH 188 CAMERA OPERATOR KD --- 1973 ASSEMBLY BILLS A Cert Map 3 45 173-188 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ·AB173 AB174 B 26 22 27 28 29 30 31 32 175 33 34 35 36 5539 42 AB176 43 44 45 4649 50 C 51 52 53 54 55 56 57 58 59 60 64 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 D 76 E F G H 77 78 79 80 81 82 83 84 85 86 87 88 89 90 52 93 94 95 96 97 98 99 100 178 101 102 103 104 105 106 107 108 15 15 1S1 S2 113 114 115 116 117 118 119 120 121 122 153 124 125 AB179 ABIBO-- 126 127 128 129 130 131 132 133 134 155 156 157 158 139 140 141 142 143 144 145 146 147 148 149 150 AB181 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 AB182 1 AB183 126 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 AB177 I 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 222 223 224 225 J 256 S7 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 LAB184 k L M 250 L 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 265 2669 250 251 2 273 274 275 -AB185 E AB186 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 AB 187- AB188 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 Cert י33 BLANK --- N CAB 254 SECTION 1. 165.60 of the statute omended to read: CAPS 165.60 Law enforcement. The division of criminal investigation is authorized to enforce s. 66.054 and chs. 139 and 176, ss. 944:30, 944.31. 944.33, 944:34, 945.02 (2), 945.03 and 945.04 and shall be invested with the powers conferred by law upon sheriffs and municipal police offi- cers in the performance of such duties. Nothing herein shall deprive or relieve sheriffs, consta- bles and other local police officers of the power and duty to enforce said sections, and such offi- cers shall likewise enforce said sections. 944.27 mall > in this section SECTION 2. 269. 565 (6) of the statutes is repealed. SECTION 3. 343.06(11) 43.06 (11) of the statut amended 343.06 (11) To any person who has been convicted of any offense specified under ss.-944.01; 944.02 944.10 (2) and (3), 944. H.944.12 and 94417/or adjudged delinquent under ch. 48 for a like or similar offense, when the sentencing court makes a finding that issuance of a license will be inimical to the public safety and welfare. Such prohibition against issuance of a license to said offenders shall apply forthwith upon receipt of a record of such conviction and such court finding by the administrator, for a period of one year or until discharge from any jail or prison sentence or any period of probation or parole with respect to the offenses specified, whichever date is the later. Receipt by such offender of a certificate of discharge from the department of health and social services or other responsible supervising agency shall, after one year has elapsed since said prohibition began, entitle the holder thereof to apply for an operator's license. Such applicant may be required to present his certificate of dis- charge to the administrator if the latter deems i necessary. 7 read: to 944.08 The --- 3 4R3254 PD SECTION 4. 343.30 (22) the statutes omended bread: مد 343.30 (2d) A court may suspend or revoke a per- son's operating privilege upon conviction of any offense specified under ss. 944.01, 944.02,944.10 (2) and (3), 944.11.944.12 and 944.17, when the court finds that it is inimical to the public safety and welfare for the offender to have operating privileges. The suspension or revocation shall be for one year or until discharge from prison or jail sentence or probation or parole with respect to the offenses specified, whichever date is later. Receipt of a certificate of discharge from the department of health and social services or other responsible supervising agency shall, after one year has elapsed since such suspension or revo- cation, entitle the holder thereof to reinstate- ment of his operating privileges. He may be re- quired to present such certificate to the adminis- trator if the latter deems necessary. 7 to 944.08 SECTION S. 885. 18(4) of the statutes is omended to readi 885.18 (4) Where such private communications relates to a charge of pondering or the promotion of prostitution. SECTION 6. 939.22 (24) and (36) of the Statuls are repealed! --- 4 LRB 254 PD: SECTION 7, 939.43 (2) of the status is Omended t read: 939.43 (2) A mistake as to the age of a minor or as to the existence or constitutionality of the sec- tion under which the actor is prosecuted or the scope or meaning of the terms used in that sec- tion is not a defense. except as provided unders, 944.09 SECTION E. 939.74 (1) of the stateste is Amended 939.74 (1) Except as provided in sub. (2), pro-cution for a felony must be commenced witain 6 years and prosecution for a misdemeanor or for adel-- within 3 years after the commission thereof. Within the meaning of this section, a prosecution has commenced when a warrant or summons is issued, an indictment is found, or an information is filed. to read: SECTION 9. 940.04 of the totals is repeated. SECTION (0. 942.02(1)(a) 942.02(1)(a) of the statuts مد omended thread. 942, 02(1)(a) Intentionally publishes in any radio or tel- evision breadcast, newspaper, magazine, or other similar method of disseminating news to the public, the identity of any living person as a victim or the identity of any living person who is the victim of the crime of rape, sexual inter- course without consent, sexual intercourse with a child, sexual perversion, or indecent behavior with a child, which crime is alleged to have oc- curred in this state, or a 3 specified under ss. 944.01 to 944.08 --- 4 LRB 254 PD: SECTION 7. 939.43 (2) of the statuts is Omended t read: 939.43 (2) A mistake as to the age of a minor or as to the existence or constitutionality of the see- tion under which the actor is prosecuted or the scope or meaning of the terms used in that sec- tion is not a defense. exept as provided unders, 944.09 SECTION 6. 939.74 (1) of the stateste is Amended 939.74 (1) Except as provided in sub. (2), procution for a felony must be commenced within 6 years and prosecution for a misdemeanor or for adul within 3 years after the commission thereof. Within the meaning of this section, a prosecution has commenced when a warrant or summons is issued, an indictment is found, or an information is filed. to read SECTION 9. 940.04 of the toteles irrepeated. Statuts 942.02(1)(a) of the read SECTION 10. 942.02(1)(a) of the sletuts مد omended. 942, 02(1)(a) Intentionally publishes in any radio or tel- evision breadcast, newspaper, magazine, or other similar method of disseminating news to the public, the identity of any living person as a victim or the identity of any living person who is the victim of the crime of rape, sexual inter- course without consent, sexual intercourse with a child, sexual perversion, or indecent behavior with a child, which crime is alleged to have oc- curred in this state; or a 7 specified under 55. 944.01 to 944.08 --- 1971 * 5 11. SECTION 4 Chapter 944 of the statutes is repealed and CHAPTER 944. CRIMES - SEXUAL SUBCHAPTER I. 1 2 recreated to read: 3 4 5 6 7 8 9 10 11 12 13 SEXUAL CRIMES. MORALI7% 944.01 DEFINITIONS. In this subchapter: (1) "Sexual intercourse" means genital copulation and occurs upon any penetration, however slight; emission is not required. (2) "Deviate sexual intercourse" means anv act of sexual gratification between persons not married to each other, involving the sex organs of one person and the mouth or anus of another. (3) "Sexual contact" means any touching of the genitalia of a person not married to the actor, done for the purpose of gratifying sexual desire of either party. 14 15 16 actor. 17 12892222 20 23 24 22226 25 (4) "Female" means any female who is not married to the Persons living together as man and wife are married for purposes of this subchapter, regardless of the legal status of their relationship otherwise. Spouses living apart under a decree of judicial separation are not married to one another for purposes of this subchapter. 944.02 FIRST DEGREE RAPE. Whoever does any of the following with intent to engage in sexual intercourse with a female may be imprisoned not more than 15 years unless no serious bodily injury is inflicted on anyone or the victim was a voluntary social companion upon the occasion of the crime and had previously permitted the attacker sexual liberties in which case he may be imprisoned not LAB-480/2 CH:11h ( --- 1971 1 2 3 4 more than 10 years, (Compels F6 LRA-4802 WH: In compelling her to Submit by force female to submit to sexual intercourse by any threat that would prevent resistance ba woman of ordinary resolution; or (1) (2) Has sexual intercourse with a female by threatening to inflict on her or another person imminent death, serious bodily injury or kidnapping, and she refrains from resisting because of 5 6 7 a 8 reasonable belief that he will carry out his threats; or 9 (2)(3) Unconscio Has sexual intercourse with a female who is/peically 10 powerless to resist or to communicate willingness to an act and he 11 Janows of her condition: PA 12 22 (3) Has sexual intercourse with a female who is less than 14 13 years old; or 14 (4) Has sexual intercourse with a female whose power to 15 appraise or control her conduct has been substantially impaired by 16 17 18 19 20 21 2 2 2 2 222222 his action in administering or employing drugs, intoxicants or other means for the purpose of preventing resistance. 944.03 SECOND DEGREE RAPE. Whoever does any of the following with the intent to engage in sexual intercourse with a female may be imprisoned not more than 5 years: (1) Has sexual intercourse with a female compelling her to submit by any threat that would prevent resistance by a woman of 23 ordinary resolution; br 24 25 26 (2) Has sexual intercourse with a female that he knows suffers from a mental illness or defect which renders her incapable of appraising the nature of her conduct; or 1971 ASSEMBLY BILL 600 by --- 1971 1 1 + mistakenly (3) Has sexual intercourse with a female that he knows is unaware that a sexual act is being committed upon her or that she 3 submits because she falsely supposes that he is her husband. LRB-480/2 WH:11n 5 944.04 FIRST DEGREE SODOMY. Whoever does any of the following with intent to engage in deviate sexual intercourse mav be imprisoned not more than 10 years: (1) compelling another person to submit by face Engages in deviate sexual intercourse by threatening to inflict on the alleged victim or another person inminent death, serious bodily injury or kidnapping, and the victim refrains from resisting because of a reasonable belief that he will carry out his 6 7 8 9 10 11 threats; 12 13 14 15 16 by 17 18 19 20 21 22 23 24 25 26 (2) Engages in deviate sexual intercourse with a person who Unconscious; is physically powerless to resist or to communicate unwillingness to the act and the actor knows of the other's condition; (3) Engages in deviate sexual intercourse with a person who is less than 14 years old; or Without the I person's consent (4) Engages in deviate sexual intercourse with another person when he has substantially impaired the person's power to appraise or control his conduct, by administering or emploving drugs, intoxicants or other means for the purpose of preventing resistance and without the person's consent, 944.05 SECOND DEGREE SODOMY. Whoever does any of the following with intent to engage in deviate sexual intercourse may be imprisoned not more than 5 years: (1) Compels another person to participate in deviate sexual intercourse by any threat that would prevent resistance by a person --- 1971 #8 A LRB-480/2 WH:11n 1 2 3 4 5 6 8 10 11 12 13 14 15 16 17 18 19 20 21 17 82222222 23 24 25 of ordinary resolution; (2) Has deviate sexual intercourse knowing that the other person suffers from a mental disease or defect that renders him incapable of appraising the nature of his conduct; or (3) Has deviate sexual intercourse knowing that the other person submits because he is unaware that a sexual act is being 600 committed upon him. MINORS 944.06 CORRUPTION OF REPSONS UNDER AND SEDUCTION. Whoever has sexual intercourse with a female or whoever engages in deviate sexual intercourse or causes another to engage in deviate sexual intercourse may be fined or imprisoned as follows if: (1) The other person is under the age of 18 years old and the actor is 18 years of age or over. The actor may he imprisoned not more than 3 years. (2) The other person is less than 18 years old and the actor is his guardian or otherwise responsible for general supervision of his welfare. The actor may be fined not more than $1,000 or imprisoned not more than 5 years or both. (3) The other person is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over him. The actor may be fined not more than $1,000 or imprisoned not more than 5 years or both. 1971 ASSEMBLY BILL has sexual contact with 944.07 SEXUAL ASSAULT. Whoever subjects another person he or causes the erson to have knows is not his spouse any sexual contact may be fined not more than $1,000 or imprisoned not more than 3 years or both, if: with him --- 1971 6 9 sexual (1) He knows that the contact is offensive to the other person; or (2) He knows that the other person suffers from a mental illness or defect which renders him or her incapable of appraising the nature of his or her conduct; b (3) He knows that the other person is unaware that a sexual act is being committed; but (4) The other person is less than 14 years old; du (5) He has substantially impaired the other person's power to appraise or control his conduct, by administering or erploving without the other's knowledge or consent drugs, intoxicants or other means for the purpose of preventing resistance; (6) The other person is less than 16 years old and the actor 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 be fined not more than $500 or imprisoned not more than 6 months or 25 both, if he is 17 years of age or older. is 18 years of age or over; (7) The other person is less than 18 years old and the actor is his guardian or otherwise responsible for general supervision of his welfare; or (8) The other person is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over him. LRB-480/2 WH:11n Any person 17 years of age Whoeve or over who 944.08 INDECENT SOLICITATION OF A CHILD. Whoever solicits a child under the age of 14 to do any act which if done would he a under $944.07 intercourse sexual assault or sexual intercourse or deviate sexual on may --- 1971 #14 LRB-480/2 WH:11n 1 2 3 4 6 7 9 10 11 12 13 14 SECTION 1 him; or (f) Hiring a prostitute to engage in sexual activity with (g) Entering or remaining in a house of prostitution for the purpose of engaging in sexual activity. (4) PROMOTION PRESUMED. Whoever is supported in whole or substantial part by the proceeds of prostitution is presumed to be knowingly promoting prostitution except the prostitute or the prostitute's minor child or other legal dependent incapable of self-support. (5) EVIDENCE OF HOUSE OF PROSTITUTION. On the issue of is whether a place is a house of prostitution the following/hall be admissible evidence: its general repute; the repute of the persons who reside in or frequent the place; the frequency, duration of visits by nonresidents. is timing and 12.947.02 (3) of the Catuts repeated. ASSEMBLY BILL 600 SECTION 13. 947, 15 (tille) of the statute es emended is to read. 1 947.15 (title) CONTRIBUTING TO THE DELINQUENCY OR ENDANGERING WELFARE OF CHILDREN, NEGLECT NEGLECT CONTRIBUTING TO DEATH. --- 15. LEB 254 PD SECTION 14. 947.15(1)/c) of the statules / is created 947. 15 (1) to read: (c) Any parent, quardian or other person yous of age supervising the welfare of a child under 18 who knowingly endangers the child's welfare by violating a duty of care, protection or 1 support. SECTION 15. 975.01 of the s omended Catrites to read: CAPSL 975.01 Mandatory commitment for pre- sentence examination. If a person is con- victed under s. 9440, 944.02 or 944 H/or un- der s. 939.32 for attempting to violate s. 944.04 er 944.02 the court shall commit him to the department of health and social services for a presentence social, physical and mental exami nation. The court and all public officials shall make available to the department upon its re- quest all data in their possession in respect to the case. 944.03 or 944.03/ (END) --- LRB 254 PD DRAFTSMAN'S NOTE: This will be the 4th session this fill is troduced; each several drifts were prepared Session Age limits and penalties have been reduced and changed frequently. The top lige the bottom lemits raised, oder at least one case (4.944.06 (1)) may the changes have frouight on unintended roult the all age limits sotesfactory to you? incest has bethe penalty thom a feleny to charged from a 6 a mis demeanor and felony. back Bigamy has been a felony, keeping it the zome as Wiscons low but the model penal code provides the it be a misdemeanor. Are all penattes satisfactory al P Do you want all felony convections for now consentual seats including to be only on corroborated Yestimony? Do you want consforation --- A be of to to Do on you (3.94401(2)7) circumstantial evidence? want the definition deviate sexual intercourse" include acts of sexual gratification as well as sexual intercourse? In 55.944.02 (2) and 944.04 (1) as to "immerent death, threats a infunded senous bodily kidnapping" are covered. The model penal code also provides for "extreme paulinded in the pain". Should extreme included Pain be the bill? In the Some sections "by force" is added to prohibit rope a sodomy so as by fore the you may and the want to compare 1971 AB 600 bill with American for Insitute's Model Penal Code. --- LRB-254 PD:ke:1 9/29/72 DRAFTSMAN'S NOTE: This will be the 4th session this bill is introduced; each session several drafts were prepared. Age limits and penalties have been changed frequently. The top age limits have been reduced and the bottom limits raised. In at least one case (s. 944.06 (1)) the changes may have brought an unintended result. Are all the age limits satisfactory to you? The penalty for incest has been changed from a felony to a misdemeanor and back to a felony. Bigany has been a felony, keeping it the same as current Wisconsin law but the model penal code provides that it be a misdemeanor. Are all penalties satisfactory? Do you want all felony convictions for nonconsensual sexual acts, including rape, to be only on corroborated testimony? Do you want corroboration to be on circumstantial evidence? Do you want the definition of "deviate sexual intercourse" (s. 944.01 (2) of the bill) to include acts of sexual gratification as well as sexual intercourse? In ss. 944.02 (2) and 944.04 (1) threats as to "imminent death, serious bodily injury or kidnapping" are covered. The model penal code also provides for "extreme pain". Should extreme pain be included in the bill? In the same sections "by force" is added so as to prohibit rape or sodomy by force. You may want to compare this bill with 1971 AB 600 and the American Law Institute's Model Penal Code. --- LRB-FILE COPY (Return to Room 215 North) 3254 ASSEMBLY SUB. AMDT.. 3-13-73 TO A BILL 183 Offered by BARBEE --- Reade (s) _ (24) ✓ Subject FIN DRAFING REQUEST For BAKBEE ember) Representing In (Bill) (Jt. Res.) To (Committee) (Draft) (Written) (Oral) Index under: CRIMES No. extra copies: LRB 3254 Date Rec'd 2128 Wanted (Res.) (Sub. Amdt.) AB 18 183 Instructions by Win (Amdt.) form, by (Telephone) (Personal) (Letter) Contact FN Required Send out INSTRUCTIONS All laws making it a crime for persons to have sex w/ one Another to be RepеACED All persons persons Age of 14 and over may legally have sex. Consent between parties; not Adults no parental consent reqd. A8442 Received by Assign to Copies to Јн Signature (Requestor) LRB-D-72-4 --- 1973 STATE OF WISCONSIN LRB 199/1 DC:kb Borbee 1973 ASSEMBLY BILL 442 February 14, 1973-Introduced by Representative BARBEE. Referred to Committee on Judiciary. A Sub Am LRB 3254 PO: 70 1973 A 3 183 269.565, to 944.23 944.20, 944.30, 944.31, 944.34, and 944.35; to renumber 944.10 (2) and (3), and AN ACT to repeal 944.10 (1), 944.15, 944.16, and 947.02 59.456(6), (3), land and 944.17; to amend/165.60944.10 (1), as renumbered; 944.11 (1), (2) 44.17, to wmena,/165.60% 944,}0 (1) , s rem and (3), 944.12; and 944.13 (intro.), as renumbered; and to create and 947.01 (2)" 944.005 of the statutes, relating to reducing the age of consent to 14 and abolishing criminal sanctions against certain consensual sexual acts. 1 2 3 4 5 6 7 8 9 10 11 acts 12 13 14 15 16 17 18 Analysis by the Leslative Reference Bureau This bill eliminates all criminal sanctions against sexual between consenting adults, and lowers the age of consent to 14 years of age. The age of consent in Wispensin is presently 18. C The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. 59.456(6) of the statul is amended to read: Pensert SECTION 2. 165.60 of the statutes is amended to read: 165.60 LAW ENFORCEMENT. The division of criminal investigation is authorized to enforce S. 66.054 and chs. 139 and 176, ss. 19 944.30, 944.31, 944.33, 944.347 945.02 (2), 945.03 and 945.04 and 222 20 shall be invested with the powers conferred by law upon sheriffs and 21 municipal police officers in the performance of such duties. 14 --- Insert A 973 -2 A224 5 6 FS-139/1 DC:kb Nothing herein shall deprive or relieve sheriffs, constables and other local police officers of the power and duty to enforce said /sections, and such officers shall likewise enforce said sections. epealed. 4 SECTION 3. 269 565 of the slotte is. SECTION 4.944.005 of the statutes is created to read: 944.005 PRIVACY OF SEXUAL ACTS. All sexual acts between consenting parties are private and are not subject to the criminal laws of this state. However, no person under the age of 14 years 7 8 shall be deemed to consent to any sexual act. 9 10 11 12 13 14 SECTION 3. 944.10 (1) of the statutes is repealed. SECTION . 944.10 (2) and (3) of the statutes are renumbered 944.10 (1) and (2), respectively, and 944.10 (1), as renumbered, is amended to read: 944.10 (1) If the female is under the age of 16 14, and the male is 18 years of age or over, imprisoned not more than 15 years; 15 or 16 17 18 19 20 21 222 223 222 24 25 SECTION 7. 944.11 (1), (2) and (3) and 944.12 of the statutes are amended to read: 944.11 (1) Any male who takes indecent liberties with a female under the age of 16 14; or (2) Whoever takes indecent liberties with the privates of any person under the age of 18 14; or (3) Whoever consents to the indecent use of his own privates by any person under the age of 18 14. 944.12 Any person 18 years of age or over, who, with intent to commit a crime against sexual morality, persuades or entices any 26 child under 18 14 years of age into any vehicle, building, room or --- LRB-FILE COPY (Return to Room 215 North) 4140 2 Offered by TO A BIL BARBEE 183 ASSEMBLY SUB. AMDT. 4.17.73 --- 1973 STATE OF WISCONSIN ASSEMBLY SUBSTITUTE AMENDMENT 2. TO 1973 ASSEMBLY BILL 183 LRB-4140/1 PD:1s 1 AN ACT to repeal 269.565, 939.22 (24) and (36), 940.04 and 947.02; 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 to amend 59.456 (6), 165.60, 165.70 (1) (b), 245.01, 245.03 (1), 245.09, 343.06 (11), 343.30 (2d), 448.18 (1), 885.18 (4), 939.43 (2), 939.74 (1), 942.02 (1) (a), 947.15 (title) and 975.01; to repeal and recreate chapter 944; and to create 245.002 (4), 245.03 (3) and 947.15 (1) (c) of the statutes, relating to crimes against sexual morality, permitting persons of the same sex to marry, per- mitting a person to have more than one spouse if financially able to do so and providing penalties. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. 59.456 (6) of the statutes is amended to read: 59.456 (6) It is the responsibility of the The district attor ney, after September 24, 1965, to shall institute, commence or appear in all civil actions or special proceedings under ss. 52.107 269.565 and 971.14, and in all actions or proceedings in the crim- inal branches of the county and circuit courts which are related to or part of criminal prosecutions, and to perform all appropriate --- 1973 ASSEMBLY BILL 183 --- 1-23-73 LRB-FILE COPY (Return to Room 215 North) ASSEMBLY BILL Representatives. 183 Introduced by Representative Co-sponsored by Senator Committee on By request of Referred to Committee on BARBEE 254 --- 1973 Barfee STATE OF WISCONSIN LR 254 A Sub Am fo TO 1973 ASSEMBLY BILL 183 Nell January 23 - Introduced by Representative BARBEE, NOON mittee on Judiciary. 59.4560 (16570 (16) (245.01, 245.03(1), 245.09, Referred to Com- LRB 4140 .. 939.22 (24) and (36), 940.04 and ✓ 448.18(1), to amend 165.60,343.06 (11), 343.30 (2d), 1885.18 (4), / (5.03(3) and 939.43 (2), 939.74 (1), 942.02 (1) (a), 947.15 (title) and 975.01; ✓ 245.002(4), 245.0 to repeal and recreate chapter 944; and to create 947.15 (1) (c) of the statutes, relating to crimes against sexual morality and provid ing penalties. 1 AN ACT to repeal 269.565 2 947.02 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 28 29 222222222 21 23 24 25 26 27 Analysis by the Legislative Reference Bureau This bill alters the laws relating to crimes against sexual morality. It redefines existing crimes such as rare, incest, sexual acts with minors and nonconsensual sexual acts between adults and revises penalties in some cases. Existing provisions on adultery, abortion, fornication, cohabitation, indecent exposure and "indecent matter" are deleted as is the prohibition against unrelated consent- ing adults engaging in acts of sexual perversion. All felony convictions for nonconsensual sexual acts must be on the basis of corroborated bestimony. Prosecution for a nonconsensual sexual act must be instituted within 6 months after the act or, if the victim is under 18 years old, within 6 months after the parent or other competent person learns of the offense. The defense of mistake of age is not applicable when the offense is against a child under the age of 14, but does exist if the victim is over that age in which case the burden of proving that defense is on the defendant. The bill also recognizes certain defenses to the charge of bigamy. It enumerates activities constituting the crime of pro- motion of prostitution and removes the prohibitions against engaging in prostitution. some sex to marry, permitting Spouse of financially able to do so a person to have permitting persons of the; to have more than one --- Invent 2 > B SECTION 3 245.002 (4) of the statutes is created to read: 245.002 (4) In this title "husband" means a male married person and "wife" means a female married person, whether or not either is married to a person of the opposite sex. SECTION .4. 245.01 of the statutes is amended to read: 245.01 A CIVIL CONTRACT. Marriage, so far as its validity at law is concerned, is a civil contract, to which the consent of the parties capable in law of contracting is essential, and which creates the legal status of husband and wife married persons. Per- sons of the same sex may enter this contract with each other. --- 1973 16 the attacker LRB-254/1 PD:ke 1 person imminent death, serious bodily injury or kidnapping, and 2 3 4 5 6 (3) years old when the victio refrains from resisting because of a reasonable belief that be will the carry out he threats; (2) Has sexual intercourse with a female who is unconscious; Person Has sexual intercourse with a female who is less than 14 2-2 22 Person the perpetrator is is 17 years of age or over or 7 8 9 10 11 12 13 14 15 16 17 person (4) Has sexual intercourse with a femte whose power to is appraise the pe or control he conduct has been substantially impaired by the (action in administering or employing drugs, intoxicants or other means for the purpose of preventing resistence. 944.03 SECOND DEGREE RAPE. Whoever does any of the following with the intent to engage in sexual intercourse with a fee may be imprisoned not more than years: (1) Has sexual intercourse which the victim one compelling they to Person submit by any threat, would prevent resistance by a man of ordinary resolution; person known by the perpetrator To suffere (2) Has sexual intercourse with a that he suffer to person 18 from a mental illness or defect which renders her incapable of Such person's 19 20 21 22 23 24 appraising the nature of her conduct; or person perpetrator (3) Has sexual intercourse with a female that the knows is unaware that a sexual act is being committed upon her or that che who fafmatake belof that the perpetrator the times spouse. submits because she mistakenly supposes that the tenor husband, 944.04 FIRST DEGREE SODOMY. Whoever does any of the following with intent to engage in deviate sexual intercourse may be impris 25 oned not more than 10 years by --- 1973 ASSEMBLY BILL 184 --- LRB-FILE COPY (Return to Room 215 North) 201 ASSEMBLY BILL 184 1-23-73 Introduced by Representative BARBEE Representatives. Co-sponsored by Senator Committee on By request of Referred to Committee on Labor --- ' 1973 STATE OF WISCONSIN LRB-201/1 PD:kb 1 2 3 4 184 AN ACT to amend 111.32 (5) (g) 1 of the statutes, relating to employment discrimination based on sexual practices. 5698 7 9 10 11 12 13 14 15 16 Analysis by the Legislative Reference Bureau This bill amends the fair employment statutes by prohibiting discrimination based on an individual's sexual conduct, practices or preferences. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: 111.32 (5) (g) 1 of the statutes is amended to read: 111.32 (5) (g) 1. For an employer, labor organization, licensing agency or person to refuse to hire, employ, admit or license, or to bar or to terminate from employment or licensing such 33 individual, or to discriminate against such an individual in promotion, compensation or in terms, conditions or privileges of 17 employment or licensing because of the individual's sex or sexual 18 conduct, practices or preferences; 19 (End) --- Employment discrimination for individual's sexual conduct REQUEST SHET 201 LRB- Reviewed by 8/10/72 For (S) (A) Date Rec'd Special instructions 1st 2nd 3rd 4th 5th Draftsman: PD Typist: kh Proofed: Kath Submitted: 10-5-72 Delivered: 1-2.13 Fiscal Note Data: EN Required: Yes No R-2nd Draft: Yes Ilo Submitted to Bur. of ligt. FN submitted Remarks: Supplemental information: (Note date and each new instr.) DECEDED Final Draft: orbee Royl (Requester) (Use reverse side of sheet if additional space is needed for instructions) (Agent) LRD-D-71-5 --- 1 201 DRAFTING REDEST (-) _ (A.) ✓ ✓ Suject For LRL Date Pec'd 8-10-72 Tented 1973 Sensor (11) (Jt. Res.) (Res.) (u.Andt.) (Amdt.) Employat bocinating for individual's sequel conduct (Member) (Committee) Representing In Instructions by (Draft) (ritten) (Oral) fort, y Burbee (Teler one) (Personally) (Letter) Index under: DISCRIMINATION intact 1. extra copies: FN Required INSTRUCTIONS Send out 1971 AB 1335 Received by Assign to B Copies to Signature ок (Requestor) LU 4-66-4 --- 1 2 3 4 STATE OF WISCONSIN 1335 1971 ASSEMBLY BILL 1335 DRB-6998/1 CB:kb September 16, 1971 Introduced by Representative BARBEE. Referred to Committee on Labor. LRB 201 PDa AN ACT to amend 111.32 (5) (g) 1 of the statutes, relating to employment discrimination based on sexual practices. 5698 7 9 10 11 12 13 14 15 16 Analysis by the Legislative Reference Bureau This bill amends the fair employment statutes by prohibiting discrimination based on an individual's sexual conduct, practices or preferences. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: 111.32 (5) (g) 1 of the statutes is amended to read: 111.32 (5) (g) 1. For an employer, labor organization, licensing agency or person to refuse to hire, employ, admit or license, or to bar or to terminate from employment or licensing such an individual, or to discriminate against such an individual in promotion, compensation or in terms, conditions or privileges of 17 employment or licensing because of the individual's sexual conduct, 18 practices or preferences; 19 (End) Sexor --- CHIEF CLERK'S CORRECTION suggested by Legislative Reference Bureau Relating to: 1973 ASSEMBLY BILL 183 April 16, 1973 1. On page 2, line 6, after "944.27" insert a scored comma. 2. On page 2, line 13, insert "(6)" before "of". 3. On page 9, line 25, substitute "reasonably" for "reasonable". 4. On page 10, line 1, substitute "injecting" for "injucting". Under Senate Rule 32 (3) and Assembly Rule 42 (4), "any correction made by the chief clerk...shall be noted by him on the jacket and entered in the journal." Fill out in quintuplicate. Distributions: 1. Original and one copy to Chief Clerk of the 2. house in which the measure was introduced. James J. Burke, Revisor of Statutes. 3. Place in drafting file. 4. Place in LPB correction file. --- 1973 STATE OF WISCONSIN 183 LRB-254/1 PD:ke 1 AN ACT to repeal 269.565 (6), 939.22 (24) 2 3 and (36), 940.04 and 947.02 (3); to amend 165.60, 343.06 (11), 343.30 (2d), 885.18 (4), 939.43 (2), 939.74 (1), 942.02 (1) (a), 947.15 (title) and 975.01; 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2222222 23 24 25 26 27 28 29 to repeal and recreate chapter 944; and to create 947.15 (1) (c) of the statutes, relating to crimes against sexual morality and provid- ing penalties. Analysis by the Legislative Reference Bureau This bill alters the laws relating to crimes against sexual morality. It redefines existing crimes such as rape, incest, sexual acts with minors and nonconsensual sexual acts between adults and revises penalties in some cases. Existing provisions on adultery, abortion, fornication, cohabitation, indecent exposure and "indecent matter" are deleted as is the prohibition against unrelated consent- ing adults engaging in acts of sexual perversion. All felony convictions for nonconsensual sexual acts must be on the basis of corroborated testimony. Prosecution for a nonconsensual sexual act must be instituted within 6 months after the act or, if the victim is under 18 years old, within 6 months after the parent or other competent person learns of the offense. The defense of mistake of age is not applicable when the offense is against a child under the age of 14, but does exist if the victim is over that age, in which case the burden of proving that defense is on the defendant. The bill also recognizes certain defenses to the charge of bigamy. It enumerates activities constituting the crime of pro- motion of prostitution and removes the prohibitions against engaging in prostitution. --- For (5) Crimes against sexual morality الأنشات لاصقة Ro 254 LRB - Reviewed by KG S 8/28/72 (A) Date Rec'a Special instructions: 1st 2nd 3rd 4th 5th Draftsman: PR Typist: Proofed: Submitted: 10-4-12 Delivered: 1-19-73 Fiscal lote Data: Remarks: Fl Required: Yes NO Supplemental information: (note date and each new instr.) FN - 2nd Draft: Yes NO Submitted to bur. of it. FN submitted (Use reverse side of sheet if additional space is needed for instructions) RECEIVED Final Draft: (Requestor) (Agent) LRB-D-71-5 --- DRAFTING REQUEST LRB Date rec'd Wanted 254 a Acy 28 (Bill) (Jt. Res.) (Res.) (Sub. Amdt.) (Amdt.) (S) _ (A)² (A) ✓ Subject For (Member) (Committee) Crimes against sexual morality 22 Instructions by Representing In (Draft) (Written) (Oral) .: Gimes Index under: No. extra copies: Received by Assign to Copies to form, by (Telephone) (Personally) (Letter) Contact FN Required INSTRUCTIONS 1971 As Coo Send out PD ok Signature (Requestor) LRB-D-66-4 --- LRB 254 AN ACT to repeal 269.565(6), 939.22 (24) and (36) 940.04 and 947.02 (3) to renumber to renumber and amend to amend 165.60,343.06 (11), 343.30(2d), 885.18(4) 939.43(2), 939.74(1), 942.02 (1)(a), 947.15 (title) and 975.01- to repeal and recreate Chapter 944 to create 947.15(1Yc) of the statutes, relating to ; and crimes oxainst Sexual Oties morality and providing pene Analysis by the Legislative Reference Bureau (See reverse side of this form) The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. LRB-D-67-1a --- This bell alters to crimes against sexual morality. alters the lows relating redefines existag Cumes such as rape, incest sexual acts with minors and nonconsentual sexual acts between adults and revises penalte provisions in some cases. Existing 3 adultery, abortion, fornication, Cohabitation, indécent exposure and "indecent matter." are deleted as is the prohibition against unrelated consenting adeeths engaging in acts of sexual perversion. All felony convictins for onconsentual sexual acts must be On the basis of corroborated testemony. Prosecution for a nonconsentual sexual cect must be instituted within to months after the act if the victim under 18 within 6 months after the Sprent or other competent person leans of the offense. years old مد The defense of mistake of age is not applicable when the offense is against a child under the age of 14, but does exist if the victim is over that age, in which case the burden of proving that defense is on the defendant. A1- The bell also recognizes certain defenses to the charge of begamy. If enumerates activities congl crime of promotion of pros ८ the titution and removes the prohibitions against Engaging titution in pros ---