1977 AB 323

Transcription
STATEMENT OF COMPLIANCE FORM CPR 11 State of Wisconsin PUBLIC RECORDS BOARD AGENCY LEGISLATIVE REFERENCE BUREAU DIVISION DATE 9-20-84 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 WA Dr. H. Rurt Theobald, Chief Legislative Reference Bureau Madison, Wis. 53702 Dr. H. Rupert Theobald, Chief HEAD OF AGENCY OR DESIGNATED REPRESENTATIVE REEL NUMBER CAMERA DIETZGEN (TYPE) STEP & REPEAT State of Wisconsin PUBLIC RECORDS BOARD CAMERA OPERATOR'S CERTIFICATE PEDUCTION RATIO 42:1 (MODEL) DISPOSAL AUTHORIZATION NUMBER 130/76-1 (SERIAL NUMBER) TITLE OF RECORD SERIES LEGISLATIVE REFERENCE BUREAU AGENCY LEGISLATIVE REFERENCE BUREAU I certify that I have on this day of 9-20- 1984 photographed the above described documents in accordance with the standards and procedures established by Section 16.61 of the Wisconsin Statutes. ROLL BEGINS WITH ROLL ENDS WITH 1977 Assembly Bills 323 337 CAMERA OPERATOR SE --- AB 26 3 4 557 8 IL 1977. ASSEMBLY BILLS 323-337 Cert Map 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AB323 26 27 27 28 29 28 29 30 30 31 3235 36 37 38 39 40 41 42 43 46 48 49 50 C 51 52 53 53 54 55 57 58 58 60 61155 646 67 6870 71 72 22 23 73 14 74 75 D 76 77 78 18 10 79 80 80 81 82 82 83 84 85 86 87 88 E 97 99 100 101 105 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 122 123 124 125 89 90 91 92 93 324 LL 94 93 94 95 96 AB325 F 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 G 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 H 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 I 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 J IL AB326 JIL AB 327- 225 J 329 1 256 257 228 229 230 231 232 233 234 235 236 257 258 239 240 241 242 243 244 245 246 247 248 249 AB 328 AB330 250 k 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 IL 11 L M L AB331. AB 332 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 IL AB333. AB 334- 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 AB335 4 AB 336 337 BLANK --- 1977 -2- LRR-0597/1 BFke 1 2 3 4 5 6 7 8 9 10 10 11 12 13 14 13 19 292922222 against issuance of a license to said the offenders shall apply forthwith immediately 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 speci- fied, 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 the prohibition began, entitle the holder thereof to apply for an operator's license. Such applicant may be required to present the certificate of discharge to the administrator if the latter administrator deems it necessary. SECTION 2. 343.30 (2d) of the statutes is amended to read: 343.30 (2d) A court may suspend or revoke a person's operating 15 privilege upon conviction of any offense specified under SS. 16 940.225, and 944.12 and 944.17, when the court finds that it is 17 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 20 parole with respect to the offenses specified, whichever date is 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 revoca- tion, entitle the holder thereof to reinstatement of operating The holder may be required to present such certificate 21 later. 23 24 22 25 26 privileges. to the administrator if the latter administrator deems necessary. INSERT 2 A --- INSERT 2A SECTION 3. statutes is amended to read: in public 944.15 of the who is 944.15 Fornication. Whoever has sexual intercourse with a person not his spouse may be fined not more than $200 or imprisoned not more than 6 months or both. for her --- 1977 -3- and (1) LRB-0597/1 BF ke are 1 2 3 4 5 6 read: SECTION 3. 944.17 (intro.) of the statutes is amended to 944.17 SEXUAL PERVERSION. (intro.) Whoever does either of the following may be fined not more than $500 or imprisoned not more than 5 years one year in the county jail or both: (End) in publ (1) Commits an abnormal act of sexual gratification involving the sex organ of one person and the mouth or anus of another; or --- 1977 RUSH WANTED 2/1 PM 1 2 3 STATE OF WISCONSIN potential fine being $200 巨 LID-0597/23 BF:dh copies Rejacket] FACT to amend 343.06 (11), 343.30 (2d), 944.15 and 944.17 (intro.) and (1) of the statutes, relating to reducing penalties and the coverage of crimes between consenting adults. [dhary inds] 6 monte 4 Analysis by the Legislative Reference Bureau This proposal alters the coverage of and the penalties for the existing crime of sexual perversion and alters the coverage of the crime of fornication. Presently, persons convicted of sexual per- version could be fined not more than $500, imprisoned not more than 5 years or both. This proposal makes the crime a misdemeanor, with the potential imprisonment being one year in the county jail and with the fine provision remaining the same. The coverage is changed by requiring that acts of fornication or sexual perversions between persons must be committed in public in order to be considered crimes. Also, persons may no longer be denied the right to operate a motor vehicle by reason of a conviction of the crime of sexual perversion. 5 6 The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: 7 8 9 SECTION 1. 343.06 (11) of the statutes is amended to read: 343.06 (11) To any person who has been convicted of any offense specified under ss. 940.225 and 944.12 and 944.17 or 10 adjudged delinquent under ch. 48 for a like or similar offense, --- 1977 -2- 3 LRB-0597/2 BF:dh 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 the offenders shall apply forthwith immediately upon receipt of a record of such conviction and such court finding by the administracor, 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 speci- fied, 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 the prohibition began, entitle the holder thereof to apply for an operator's license. Such applicant may be required to present the certificate of discharge to the administrator if the latter administrator deems it necessary. SS. SECTION 2. 343.30 (2d) of the statutes is amended to read: 343.30 (2d) A court may suspend or revoke a person's operating privilege upon conviction of any offense specified under 940.225, and 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 revoca tion, entitle the holder thereof to reinstatement of operating --- 1977 -F. LRD-0597/23 BF:dh 1 2 3 5 6 privileges. The holder may be required to present such certificate to the administrator if the latter administrator deems necessary. SECTION 3. 944.15 of the statutes is amended to read: 944.15 FORNICATION. Whoever has sexual intercourse in public with a person who is not his or her spouse may be fined not more than $200 or imprisoned not more than 6 months or both. 7 8 SECTION 4. 944.17 (intro.) and (1) of the statutes are amended to read: 9 10 11 than 5-years one year in the county jail or both: 12 22 944.17 SEXUAL PERVERSION. (intro.) Whoever does either of the $200 following may be fined not more than $500 or imprisoned not more 6 months (1) Commits an abnormal act of sexual gratification in public 13 involving the sex organ of one person and the mouth or anus of 14 another; or 15 (End) --- QUERY WISCONSIN 05/10/77 RE SEX. Wisconsin Statute 939.22 Words and phrases defined. engages in non sarital acts of sexual intercourse or sexual perversion for Wisconsin Statute 944. 17 Sexual perversion. Wisconsin Statute 944.30 Prostitution. (2) Commits or cffers to commit an act of sexual perversion for any Wisconsin Statute 944.31 Patronizing prostitutes. to have non sarital sexual intercourse cr to cossit an act of semal perversion say be fined not more than $100 or imprisoned not more than 3 Wisconsin Statute 944.33 Pandering. an act of sexual perversion with a female he knows is a prostitute; or or committing an act of sexual perversion with a prostitute, directs t Wisconsin Statute 973. 10 Control and supervision of probationers. sexual perversion, placed on probation, allowed to settle in Tennessee, and Wisconsin Statute Constitution 1.08 Prosecutions; second jeopardy; self-incrimination; bail; habeas corpus. 944.17 (1), relating to sexual perversion, is constitutional. Jones v. WISCONSIN OS Statute 939.22 (24) ✓ Statute 944.17 INTRO ✓ Statute 944.30 (2) Statute 944.31 Statute 944.33 (1) (A) Statute 944.33 (1) (B) ✓ Statute 973.10 Constitution 1.08 RELEASE REVISOR'S 1 1 --- LRB FILE COPY (Return to Room 211 North) 597 ASSEMBLY BILL 323 2/10/77 Introduced by Representative Clacenbach, Representatives Hintsop, Tropman, Leopold, Coggs & Gundarson For Berger Cosponsored by Senator Committee on By request of Referred to Committee on Junduary --- FISCAL ESTIMATE AD-MBA-23 (1/77) ORIGINAL CORRECTED UPDATED SUPPLEMENTAL 1977 Session LRB or Bill No. AB 323 Amendment No. if Applicable If there is a state or local fiscal effect, attach worksheet. Subject Penalties for crimes between consenting adults Fiscal Effect State: Increase/Decrease Existing Appropriation Create New Appropriation Increase/Decrease Existing Revenues Increase/Decrease Costs or Revenues Increase Costs - May Be Possible to Absorb Within Agency's Budget Decrease Costs Yes ☐ No State Fiscal Effect No Local: Permissive Mandatory No Local Fiscal Effect Affected Ch. 20 Appropriations Fund Sources Affected ☐ GPR FED ☐ PRO ☐ PRS SEG Assumptions Used in Arriving at Fiscal Estimate This measure would reduce the penalty for the crime of sexual Whenever perversion and alters the coverage of the crime of fornication. a crime is reduced from a felony to a misdemeanor some procedural steps are removed from the trial courts. Thus it is estimated that this measure would reduce the workload of the trial courts. However, no data is readily available to determine the extent of reduction. Long-Range Fiscal Implications Agency Authorized Representative Date Administrator of Courts --- FISCAL ESTIMATE AD-MA-23 (1/77) ☑ORIGINAL ☐ UPDATED 1977 Session ☐ CORRECTED SUPPLEMENTAL LRB or Bill No. AB 323 mendment No. if Applicable If there is a state or local fiscal effect, attach worksheet. Subject Reducing penalties for certain crimes between consenting adults. Fiscal Effect State: Create New Appropriation Increase/Decrease Existing Appropriation Increase/Decrease Existing Revenues Increase Costs - May Be Possible to Absorb Within Agency's Butigen Yes ☐ No Decrease Costs No State Fiscal Effect Local: Increase/Decrease Costs or Revenues Permissive Fund Sources Affected GPR ☐ FED Mandatory ☐ PRO ☐ PRS ☐ SEG No Local Fiscal Effect Affected Ch. 20 Appropriations 435 (3) (a) Assumptions Used in Arriving at Fiscal Estimate The state effect would result from shifting the offense of sexual perversion from the felony category to that of a misdemeanor. Annually an average of three persons are received at state prisons for this offense. A reduction of three in the average daily population would result in a total saving of $6,000 annually. Such a small population change would not permit any staff or facility adjustment. It could be expected there would be an off-setting local effect. While some few additional persons might be sentenced to county jails for sexual perversion, the change in definition of fornication could reduce the frequency of sentences for that offense. Long-Range Fiscal Implications Continuing savings assuming no change in frequency or sentencing practice. Agency Authorized Representative Date Dept. of Health & Social Services Eric Stanchfield 1.5 May 4, 1977 --- ject ESTIMATE WORKSHEET d Estimate of Annual Fiscal Effect A-22 (Revised 1/77) ORIGINAL ☐ CORRECTED ☐ UPDATED ☐ SUPPLEMENTAL LRB or Bill No. 1977 Session AB 323 Amendment No. if Applicable Reducing penalties for certain crimes between consenting ANUALIZED FISCAL EFFECT State Costs by Category FY Increases - ' + FY Decreases Additional FTE Positions Salaries and Fringes Staff Support Other Local Assistance Aids to Individuals or Organizations TOTAL Start-up or Other One-time Costs State Costs by Fund GPR FED PRO PRS SEG TOTAL State Revenues - GPR Taxes GPR Earned FED PRO PRS Complete this only when proposal will increase or decrease state revenues, such as taxes, license fees, etc. S S 1 I 1 $ + + + 6,000- - + + - $ + 6,000 FY Increases FY Decreases 5- S $ + 6,000 - + 1 + + $ - $ + 6,000 FY Increases FY Decreases $ + - + + + + + SEG TOTAL $ + S - NET ANNUALIZED FISCAL IMPACT State FY Increases FY Decreases Total Costs S- $ + 6,000 Total Revenues + Local FY Increases FY Decreases Total Costs $ - $ + - Total Revenues + NET STATE IMPACT $ + 6,000 NET LOCAL IMPACT $ Agency 4114 15 Authorized Representative Date Drin Stanchfield I.S Mav 4 1077 --- RB-legal-74 DRAFTING REQUEST Received by 8F Assign to Reviewed by S A Bil SUBJECT to INDEX GOWER Representing INSTRUCTIONS: Attorney Typist Proofed Jt. Res. 3874 LRB Date Rec'd 3/31 Wanted Res. Sub. Amdt. Amdt. 1977 A.B. 323 Instructions by him see atto NOTE Extra Copies echnical convection praline 1st 2nd 3rd 4th 5th 6th BF Submitted Delivered FN Yes No Yes No Yes No Yes No Yes No Yes No FN sent for Received JACKET: (Signature) FN submitted Requested ORIGINAL draft: ok RF (Signature) --- INSTRUCTIONS P3, 14, ofte "inpublic "insect 1) P3, 1.4, often بند "or in a place where or in such a manner that that person brows or bas voson to be that his or his conduct is atar than the person observable by attes . with whom he or she is boy sexed intercam T 2) p3.1.5: delete a person ond " on oduct " substitute theat 3) p. 3.1.5: after "spouse "incent: "or whoever has sexual intercourse with a miner who is not his or her spouse". 4 subbie" insist: 4) P. 3, d. 12 after "in subbe "or in s prose where or in such a manner that that jendeavor Livewords to own that his or her conduct is observable by others othes them the person with whom to v she is honized for intercourse " p3, d. 13, dete "person "and subétence thevat "adult " 6) p. 3, d. 14, often "another "insert. duct or commits on abnormal out of sexual gratification with a minor, involving the sexorgon of one person and the motor anus of another " 1st 2nd 3rd 4th 5th Attorney Typist Proofed Submitted Delivered FN Yes No Yes No Yes No Yes No Yes No Yes No FN sent for Received JACKET: (Signature) FN submitted Requested ORIGINAL draft: (Signature) --- LRB 3874 BE S ΤΟ S A ΤΟ S A AMENDMENT AMENDMENT SUBSTITUTE AMENDMENT TO 1977 S 1. BILL 323 Amend the bill, as shown by as follows: substitute amendment / 1. On page 1, delite line and substitute "AN ACT to amend 343.06 (11) and 343.30 (2d); and to repeal and recreate 944.15 and 944.17 2. on page 1, line à delete and (1)" " 3. On page 3, delete lines 3 to 14 and substitute SECTION 3. 944.15 of the statuter is repeated and recreated to read: 944.15 FORNICATION. (1) whoever has sexual intercourse in public with an --- 1977 STATE OF WISCONSIN ASSEMBLY AMENDMENT TO 1977 ASSEMBLY BILL 323 1 2 3 4 5 6 7 8 ـو 10 11 12 12 13 14 25 15 Amend the bill as follows: 1. On page 1, line 1, delete ", 944.15". 2. On page 1, line 2, after "(1)" insert "; to renumber and amend 944.15; and to create 944.15 (2)". 3. On page 3, line 3, after "is" insert "renumbered 944.15 (1) and". 4. On page 3, line 4, delete "944.15 FORNICATION." and sub- stitute "944.15 (1)". 5 On page 3, delete Itne 5 and substitute "with a person an adult who is not his or her spouse or whoever has sexual intercourse with a minor who is not his or her spouse may be fined not more" or imprisoned than 6 months or both $ 200 not mo 6. On page 3, after line 6, insert: SCRION 944.15(2) of the statutes is created to read 944115 (2) In this section, "in public" means in a place where or in a manner such that the person knows or has reason to 16 know that his or her conduct is observable by persons other than the 17 18 person with whom he or she is having sexual intercourse. (Enett --- 944.17 SEXUAL PERVERSION (1) Whoever does any of the following may be fined not more than $200 or imprisoned not then 6 months or both: (a) Commits an abnormal act sexual gratification in public involving the cex organ of one fecsen and the mouth or onus of another. (b) 13 14 15 127/0 944.17 (2) Commits an abnormal act of sexual gratification with a minor, involving the sex organ of one person and the mouth or anus of anothervor. 10 11 his gr 944.12 Commits an act of sexual gratification involving her sex organ and the sex organ, mouth or anus of an animal. --- 1977 STATE OF WISCONSIN ASSEMBLY NE TO 1977 ASSE BLY BILL, 323 1 Amend the bill as follows: 2 1. On page 1, line 1, delete ", 944.15". 3 4 5 2. amend 944.15; and to create 944.15 (2)". 3. On page 3, line 3, after "is" insert "renumbered 944.15 On page 1, line 2, after "(1)" insert "; to renumber and 6 (1) and". 7 4. 8 9 10 11 On page 3, line 4, delete "944.15 FORNICATION." and sub- stitute "944.15 (1)". 5. On page 3, after line 6, insert: "SECTION 3.944.15 (2) of the statutes is created to read: 944.75 (2) In this section, "in public" means in a place 12 where or in a manner such that the person knows or has reason to 13 14 know that his or her conduct is observable by persons other than the gratis person with whom. he or she is having sexual intercourse.". 15 (End) --- LRB FILE COPY (Return to Room 211 North) ASSEMBLY AMENDMENT. to to amendment sub. amdt. 1 3874 TO A BILL 323 4-19-17 Offered by Representative (s) Gower Committee on --- *LRB-legal-74 DRAFTING Received by REQUEST Assign to Reviewed by G LRB 4524 Date Rec'd 4/26 Wanted S A SUBJECT INDEX Bill Jt. Res. Res. Sub. Amdt. Amdt. 323 to AA1 ton AB FOR Go seey Representing INSTRUCTIONS: Instructions by self Extra Copies includes of a crime the morried copulators who do so in public CS-2RB 4322/1 (70'77 5814) Attorney Typist 1st 2nd 3rd 4th 5th 6th BE Proofed Submitted Delivered FN Yes No Yes No Yes No Yes No Yes No Yes No FN sent for Received JACKET: (Signature) FN submitted Requested ORIGINAL draft: (Signature) --- S A TO S A 4524 LRB BF AMENDMENT AMENDMENT SUBSTITUTE AMENDMENT TO 1977 S A BILL 323 Amend the bill, as shown by as follows: substitute amendment substitute and 1. On page 1, delete lines 10 md 11 and "public with an adult, has sexual intercourse in public with a minor who is his or her spouse or has sexual intercourse with a miner who is not his or her spouse may be". (End) --- 323 1977 ASSEMBLY BILL --- RB-legal-74 Ready DRAFTING Received by REQUEST BF LRB 597 Date Rec'd 11/4 Wanted Assign to Reviewed by KG 263d S A Bill Jt. Res. Res. Sub. Amdt. Amdt. SUBJECT heesens penalties for sexual perversion INDEX CRIM CODE FOR CLARENBACH Representing Instructions by -Griel Hall Extra Copies) INSTRUCTIONS: Changes in 944.17 following... 2) 5 years to in public 1 year etry jail 3) Pullant MV provision send copy of x bill to gud Hall 1st Jacket 2nd 3rd 4th Attorney BF BF BF Typist Proofed Submitted 11-10 Delivered da alfor FN 5th 6th Yes No Yes No Yes No Yes No Yes No Yes No FN sent for Received JACKET: (Signature) FN submitted Requested ORIGINAL draft: of phone (Signature) --- LRB FILE COPY (Return to Room 211 North) ASSEMBLY AMENDMENT to A amendment to sub. amdt. TO A BILL 323 5-3-77 Offered by Representative (s) Gower Committee on 4524 --- 1977 STATE OF WISCONSIN ASSEMBLY MENDMENT 1. TO ASSEMBLY AMENDMENT 1, TO 1977 ASSEMBLY BILL 323 LRB-4524/1 BF:mh 1 2 3 4 with Amend the amendment as follows: 1. an adult, has sexual intercourse in public with a minor who is his or her spouse or has sexual intercourse with a minor who is not On page 1, delete lines 10 and 11 and substitute "public 5 his or her spouse may be". 6 (End) --- LRB-legal-74 Ready Buil S A DRAFTING REQUEST Received by BE Assign to Reviewed by LRB 4737 by KC Date Rec'd 5/3 Wanted Bil! Jt. Res. Res. Sub. Amdt. Amdt. SUBJECT INDEX to A AL FOR LEOPOLD Representing INSTRUCTIONS: 1977 AB 323 Instructions by hin Extra Copies are attel 1st 2nd 3rd 4th 5th 6th Attorney BE Typist Proofed Submitted Delivered FN Yes No Yes No Yes No Yes No Yes No Yes No FN sent for Received JACKET: (Signature) FN submitted Requested ORIGINAL draft: (Signature) --- READY WANTED BY 10:15 S LRB 4737 AMENDMENT AMENDMENT SUBSTITUTE AMENDMENT 20 то S A TO S A TO 1977 S A BILL 323 Amend the bill, as shown by as follows: BE Rush substitute amendment 1. On page 2, delete line 3 and sustitute "ing may be fined not more than $500 or imprisoned not more than 5 years". 2. On page 2, line 4, delete" months". (END) --- LRB-FILE COPY (Return to Room 211 North) 2 ASSEMBLY AMENDMENT ! to amendment to sub. amdt. A 323 TO BILL 4737 5/3/77 77 Offered by Representative(s) Leopold & Johnston Committee on --- 1 ag 1 2 3 5 6 7 8 9 10 11 12 13 24 15 16 944.17 SEXUAL PERVERSION. (1) Whoever does any of the follow- ing may be fined not more than $500 or imprisoned not more than 5 years or both: (a) Commits an abnormal act of sexual gratification in public involving the sex organ of one person and the mouth or anus of another. (b) Commits an abnormal act of sexual gratification with a minor, involving the sex organ of one person and the mouth or anus of another. (c) Commits an act of sexual gratification involving his or her sex organ and the sex organ, mouth or anus of an animal. (2) In this section, "in public" means in a place where or in a manner such that the person knows or has reason to know that his or her conduct is observable by persons other than the person with whom he or she is having sexual gratification or intercourse.". (End) who is not his or her spouse 43 --- LRB-FILE COPY (Return to Room 211 North) ASSEMBLY AMENDMENT. 2 4798. to to amendment TO A 5/4/77 sub. amdt. BILL 323 Offered by Representative (s) Gower - Leopold - Elcorn - Johnston Committee on --- 944.30 (2) Commits or offers to commit an act of sexual perversion for a thing of value; or MM gratification, in public or in private, involving the sexorgue of one person and the mouth or anus of another --- SECTION 6. 944.31 is amended to read: 944.31 Patronizing prostitutes. Any male who enters or remains in any place of prostitution with intent to have nonmarital sexual in- tercourse or to commit an act of sexual perversion may be fined not more than $100 or imprisoned not more than 3 months or both. of the the statutes in gratification in pu blic in private, involving One the sex organ of person and the mouth or anus of another --- SECTION 7 944. 33(1) (a) of the statutes is amended to read: 944.33 Pandering. (1) Whoever.doss any of the following may be fined not more than $200 or imprisoned not more than 6 months or both: (a) Solicits another to have nonmarital sexual intercourse or to commit an act of sexual perversion with a female he knows is a prostitute; or (End) puty patil calion три in public or J in the sex organ private, involving of are person and the mouth or anus of another --- LRB-legal-74 DRAFTING Received by Assign to Reviewed by REQUEST BF S SUBJECT INDEX FOR A Bill to Jt. Res. Res. LRB 5051 Date Rec'd 5/10 Now Wanted Sub. Amdt. 1977 A.B. 323 LEOPOLD Representing Instructions by Sain Extra Copies Amdt. INSTRUCTIONS: Attorney Typist See atte 1st 2nd 3rd 4th 5th 6th BF Proofed Submitted Delivered FN Yes No Yes No Yes No Yes No Yes No Yes No FN sent for FN submitted Received JACKET: (Signature) Requested ORIGINAL draft: (Signature) --- INSERT A 4.On page 3, after line 2, insert. 74 SECTION 2m 939 22 (24) of the tatutes in amended to read. 939.22 A(24) "Place of prostitution" means any place where a female habitually engages in nonmarital acts of sexual intercourse or sexual perversion for any thing of value. ** gratification, in public or in private, involving the sex organ of one person and the mouth or anus of another or the sex organ, mouth or anus of an animal --- INSERT A 4.On page 3, after line 2, insert. 74 SECTION 2m 939 22 (24) of the tatutes in amended to read. 939.22 A(24) "Place of prostitution" means any place where a female habitually engages in nonmarital acts of sexual intercourse or sexual perversion for any thing of value. ** gratification, in public or in private, involving the sex organ of one person and the mouth or anus of another or the sex organ, mouth or anus of an animal --- LRB-FILE COPY (Return to Room 215 North) LRB 5143% FBF: 1 ASSEMBLY AMENDMENT to Amend 5 TO 70 Assembly BILL 323 Offered by Medinger & Brist Amend the amendment as follows: 12.05 1. On page ✓, line Substitute page 2, line 4, 10 foxalt "person" for female". mate Substitute person for "male" 43. On page 2, line 17, jl Substitute 24. On after page 2, fottowing "he" persen for fernale. line 17 insent 00 she 5.0 W page 2, line 22, # after Fothering "him" insert or her 6.09 page 2, line 23, after fallowing "him" insent her (End) --- LRB-FILE COPY (Return to Room 215 North) LRB 5143% FBF: 1 ASSEMBLY AMENDMENT to Amend 5 TO 70 Assembly BILL 323 Offered by Medinger & Brist Amend the amendment as follows: 12.05 1. On page ✓, line Substitute page 2, line 4, 10 foxalt "person" for female". mate Substitute person for "male" 43. On page 2, line 17, jl Substitute 24. On after page 2, fottowing "he" persen for fernale. line 17 insent 00 she 5.0 W page 2, line 22, # after Fothering "him" insert or her 6.09 page 2, line 23, after fallowing "him" insent her (End) --- LRB FILE COPY (Return to Room 211 North) ASSEMBLY AMENDMENT to A amendment 5 to sub. amdt. TO A BILL 323 5-11-77 Committee on 5143 Offered by Representative(s) Medinger & Brist --- 1977 STATE OF WISCONSIN ASSEMBLY AMENDMENT 1, TO ASSEMBLY AMENDMENT 5, TO 1977 ASSEMBLY BILL 323 LRB-5143/1 -BF:ps 1 2 3 4 5 6 7 8 9 Amend the amendment as follows: 1. On page 1, line 10, substitute "ale person" for "female". 2. On page 2, line 4, substitute "male person" for "male". 3. "female". On page 2, line 17, substitute "female person" for 4. On page 2, line 17, after "he" insert "or she". 5. On page 2, line 22, after "him" insert "or her". 6. On page 2, line 23, after "him" insert "or her". 10 (End) --- LRB-FILE COPY (Return to Room 215 North) LE5142 E3P: ASSEMBLY AMENDMENT to TO 70 2 AMENDMENT 5 ASSEMBLY Offered by BILL 323 Igoing Amend THE AMENDMENT as follows: DECETE "MOUTH OR ANUS" AND [ontse скра 1. On page 1, line 12, SUBSTITUTE "MOUTH, ANYS OR HAND "2. ON PAGE 2, LINE 1, DETE MOUTH OR ANYS" AND SUBSTITUTE "MOUTH, ANUS OR HAND • "3.ON PAGE 2, LINE & DELETE "MOUTH OR ANUS OF ANOTHER" AND SUBSTITUTE "MOUTH, ANUS or HAND OF ANOTHin" . *4. ON PAGE 2, LINE 16, DELETE " " MOUTH OR ANYS OF ANOTHER" AND SUBSTITUTE MOUTH, ANUS OR HAND OF ANOTHER" • "S ON PAGE 2, LINE 21, DELETE ANOT" And SUBSTITUTE ANOTHER" (EN) MOUTH OR Adus of " MOUTH, ANUS OR HAND OF --- LRB-FILE COPY (Return to Room 215 North) LE5142 E3P: ASSEMBLY AMENDMENT to TO 70 2 AMENDMENT 5 ASSEMBLY Offered by BILL 323 Igoing Amend THE AMENDMENT as follows: DECETE "MOUTH OR ANUS" AND [ontse скра 1. On page 1, line 12, SUBSTITUTE "MOUTH, ANYS OR HAND "2. ON PAGE 2, LINE 1, DETE MOUTH OR ANYS" AND SUBSTITUTE "MOUTH, ANUS OR HAND • "3.ON PAGE 2, LINE & DELETE "MOUTH OR ANUS OF ANOTHER" AND SUBSTITUTE "MOUTH, ANUS or HAND OF ANOTHin" . *4. ON PAGE 2, LINE 16, DELETE " " MOUTH OR ANYS OF ANOTHER" AND SUBSTITUTE MOUTH, ANUS OR HAND OF ANOTHER" • "S ON PAGE 2, LINE 21, DELETE ANOT" And SUBSTITUTE ANOTHER" (EN) MOUTH OR Adus of " MOUTH, ANUS OR HAND OF --- LRB FILE COPY (Return to Room 211 North) ASSEMBLY AMENDMENT. 2 to to A amendment 5 sub. amdt. TO A BILL 323 5142 5-11-77 Offered by Representative(s) Tregoring Committee on --- Ready AN ACT to repeal to renumber to renumber and amend LRB BF 597 to amend 343.06(11) 343.30(ed) and 944.17tro to repeal and recreate : and to create INSERT IA of the statutes, relating to reducing penalties and the coverage of the crime of sexual perversion 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 follas: SECTION 3.944.17 (intro.) of the statutes is amended to read: in public (intro) 944.17 Sexual pe. version. Whoever does either of the following may be fined not more than $500 or imprisoned not more than-5 years or both: (End) in the one year in county jail LRB-D-67-1 --- This proposal alters the cover penalties for the existing The crime would cover courage and the crime of sexual perversion. only acts committed in public. Presently, persons convicted of serval perversion could be fined not more than $500, imprisoned not more than 5 years or both. This proposal maker the crime a misdemeanor, with the potential imprisonment being county jail. Also, persons may the right is operate a 24 one yes in the longer be denied motor vehicle ky resem of a a conviction of the crime and with the fire provision remaining the same --- 1977 1 2 3 5 6 7 8 9 10 11 12 STATE OF WISCONSIN ASSEMBLY AMENDMENT 2, TO ASSEMBLY AMENDMENT 5, TO 1977 ASSEMBLY BILL 323 LRD-5142/1 F-BF:ag Amend the amendment as follows: 1. On page 1, line 12, delete "mouth or anus" and substitute "mouth, anus or hand". 2. On page 2, line 1, delete "mouth or anus" and substitute "mouth, anus or hand". 3. On page 2, line 8, delete "mouth or anus of another" and substitute "mouth, anus or hand of another". 4. On page 2, line 16, delete "mouth or anus of another" and substitute "mouth, anus or hand of another". 5. On page 2, line 21, delete "mouth or anus of another" and substitute "mouth, anus or hand of another". (End) --- LRB-legal-74 Ready Pack DRAFTING REQUEST Received by Assign to BE RG Res. Reviewed by LRB 5413 Date Rec'd Wanted 5/17 S A SUBJECT INDEX FOR Bill Jt. Res. to 1977 A, B, 323 GOWER Representing INSTRUCTIONS: Engron Sub. Amdt, Amdt. Instructions by hin Extra Copies 5291 plas AAI AA5 Attorney Typist Proofed 1st BE I 2nd 3rd 4th 5th 6th Submitted Delivered FN Yes No Yes No Yes No Yes No Yes No Yes No FN sent for Received JACKET: (Signature) FN submitted Requested ORIGINAL draft: fohus C. (Signature) --- INSERT IA SECTION vis amended to read: 343.06 343, 06 (11) Nore changed by the 184, 437) of the the statutes and the (11) To any person who has been convicted of any offense specified under se 04-9912304090044,944.12 and 944:17 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 forthwitly 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 Heref to apply for an operator's license. Such applicant may be required to present his certificate of the the discharge to the administrator if the latter deems it necessary. 940.225 administrato --- A continued [Nate changed by cls. 18) SECTION 2 343.30 (zd) of the statutes is amended to read: 343.30 (2d) A court may suspend or revoke a person's operating privilege upon conviction of any offense specified under ss 90-91944 4444944.12 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 revoca- tion 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 revocation, entitle the holder thereof to rein- statement of operating privileges. We may be required to present such certificate to the administrator if the latter deems necessary. A {thholder aministrator 940.225 --- INSTRUCTIONS FOR 2nd draft. changes: ①insert in public" to 944.15 as well have 54 public inserted into 3 944.17 (1) not 944.17 (intro) ③change relating clause of drift to reflect changes above --- 1977 STATE OF WISCONSIN and alters the coverage of the coins of copies Gornication [Jacket] Hold RD-0597/29 BF:ke The coverage is changed by requiring that acts of fornication sexual passion twent persons must be commited in public in order to s considered crines. 944.15 and (1) AN ACT to amend 343.06 (11), 343.30 (2d) and 944.17 (intro.) of the statutes, relating to reducing penalties and the coverage of crimes between co take crime of sexual perversion. cumes menting adults 123 Analysis by the Legislative Reference Bureau This proposal alters the coverage of and the penalties for the existing crine of sexual perversion. The crime rould cover only aets committed in public. Presently, persons convicted of sexual perversion could be fined not more than $500, imprisoned not more than 5 years or both. This proposal makes the crime a misdemeanor, with the potential imprisonment being one year in the county jail and with the fine provision remaining the same. Also, persons may no longer be denied the right to operate a motor vehicle by reason of a conviction of the crime. of sexual perversion 5 6 7 8 9 10 11 12 The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. 343.06 (11) of the statutes is amended to read: 343.06 (11) To any person who has been convicted of any offense specified under SS. 940.225 and 944.12 and 944.17 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 ---

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  • Karl Armstrong - Representative Clacenbach, Representatives Hintsop, Tropman, Leopold, Coggs & Gundarson For Berger Cosponsored by Senator
  • David E. Clarenbach - FISCAL ESTIMATE AD-MBA-23 (1/77) ORIGINAL CORRECTED UPDATED SUPPLEMENTAL 1977 Session LRB or Bill No. AB 323
  • Dr. H. Rupert Theobald - Dr. H. Rupert Theobald, Chief Legislative Reference Bureau Madison, Wis. 53702

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