LRB-0633/3
RPN:nwn&wlj:md
2009 - 2010 LEGISLATURE
March 2, 2010 - Introduced by Representatives Krusick, Rhoades, Parisi, Berceau,
Black, Murtha and
Zigmunt, cosponsored by Senator A. Lasee. Referred to
Committee on Children and Families.
AB784,1,3
1An Act to create 895.44 of the statutes;
relating to: reporting the results of a
2religious organization's investigation of sexual contact with a child and
3providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, members of professions who have contact with children,
including those who work for nonprofit organizations, generally must report
suspected child abuse or neglect to certain social services or law enforcement
agencies. The social services or law enforcement agency must investigate the
suspected child abuse or neglect within a specified time.
Under this bill, if after an investigation within a religious organization there
is reasonable cause to believe that, before May 1, 2004, and after December 31, 1949,
an official, agent, or employee of the organization had sexual contact with a person
under the age of 18, the organization must submit a summary of that investigation
to the Department of Children and Families (DCF). A religious organization that
fails to do so is subject to a forfeiture of up to $10,000. The bill requires DCF to make
any summary of the religious organization's investigation available to the public,
after deleting any information that could be used to identify any victim of the sexual
contact.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB784, s. 1
1Section
1. 895.44 of the statutes is created to read:
AB784,2,14
2895.44 Reports of sexual exploitation.
(1) Policy. The legislature finds
3that, prior to May 1, 2004, members of the clergy and religious organizations were
4not required to report sexual abuse of children under s. 48.981. The legislature finds
5that, based upon credible information, including the 2004 study of sexual abuse of
6minors by Catholic priests and deacons between 1950 and 2002 prepared by the John
7Jay College of Criminal Justice, members of the clergy sexually abused minors and,
8in some cases, this abuse was not reported to a law enforcement agency or a child
9protective services agency. Because sexual abuse of a minor is a criminal offense and
10is harmful to children, the legislature finds and determines that it is in the public
11interest to disclose the name of any person within a religious organization who the
12religious organization, after an investigation, had reasonable cause to believe
13committed the offense of sexual contact with a child and whose offense was not
14reported to a law enforcement agency or to a child protective services agency.
AB784,2,15
15(2) Definitions. In this section:
AB784,2,1616
(a) "Department" means the department of children and families.
AB784,2,1717
(b) "Religious organization" has the meaning given in s. 895.442 (1) (b).
AB784,2,1818
(c) "Sexual contact" has the meaning given in s. 940.225 (5) (b).
AB784,3,2
19(3) Report of investigation. If, as the result of an investigation within a
20religious organization, there is reasonable cause to believe that, before May 1, 2004,
21and after December 31, 1949, an official, agent, or employee of the religious
22organization had sexual contact with a person who was under the age of 18, the
23religious organization shall submit a summary of the investigation, including the
24name of, and other identifying information regarding, any person who had the sexual
25contact, but not the name of the person who was under the age of 18, to the
1department within 30 days after the investigation is completed or within 30 days
2after the effective date of this subsection .... [LRB inserts date], whichever is later.
AB784,3,5
3(4) Release of report. The department shall make any summary it receives
4under sub. (3) available to the public after deleting any information that could be
5used to identify any victim of the sexual contact.
AB784,3,7
6(5) Penalty. Any religious organization that violates sub. (3) shall be subject
7to a forfeiture of not more than $10,000 for each violation.
