Amendment SSA1-SB82

SB82-SSA1,38,10 173.10 Investigation of cruelty complaints. A person may apply for a search warrant under s. 968.12 968.465 if there is reason to believe that a violation of ch. 951 has taken place or is taking place. If the court is satisfied that probable cause exists, it shall issue a search warrant directing a law enforcement officer in the county to proceed immediately to the location of the alleged violation with a doctor of veterinary medicine, if the court determines that a veterinarian is necessary for purposes of the search, and directing the law enforcement officer to search the place designated in the warrant, retaining in his or her custody subject to the order of the court such property or things as are specified in the warrant, including any animal. If the person applying for the search warrant is a humane officer, the warrant shall direct that the humane officer accompany the law enforcement officer who is directed to perform the search. The warrant shall be executed and returned to the court which issued the warrant in accordance with ss. 968.15 968.495 and 968.17 968.506. This section does not affect other powers and duties of law enforcement officers.

SB82-SSA1,83 Section 83. 173.12 (1m) of the statutes, as affected by 2015 Wisconsin Act 64, is amended to read:

SB82-SSA1,38,19 173.12 (1m) If an animal has been seized because it is alleged that the animal has been used in or constitutes evidence of any crime specified in s. 951.08, the animal may not be returned to the owner by an officer under s. 968.20 968.625 (2). In any hearing under s. 968.20 968.625 (1g), the court shall determine if the animal is needed as evidence or there is reason to believe that the animal has participated in or been trained for fighting. If the court makes such a finding, the animal shall be retained in custody.

SB82-SSA1,84 Section 84. 175.27 (title) of the statutes is created to read:

SB82-SSA1,38,21 175.27 (title) Seized dangerous property.

SB82-SSA1,85 Section 85. 175.55 (2) of the statutes is amended to read:

SB82-SSA1,39,6 175.55 (2) No Wisconsin law enforcement agency may use a drone to gather evidence or other information in a criminal investigation from or at a place or location where an individual has a reasonable expectation of privacy without first obtaining a search warrant under s. 968.12 968.465. This subsection does not apply to the use of a drone in a public place or to assist in an active search and rescue operation, to locate an escaped prisoner, to surveil a place or location for the purpose of executing an arrest warrant, or if a law enforcement officer has reasonable suspicion to believe that the use of a drone is necessary to prevent imminent danger to an individual or to prevent imminent destruction of evidence.

SB82-SSA1,86 Section 86. 175.60 (3) (d) of the statutes is amended to read:

SB82-SSA1,39,9 175.60 (3) (d) The court has prohibited the individual from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c) 969.33 (5) (b).

SB82-SSA1,87 Section 87. 175.60 (3) (e) of the statutes is amended to read:

SB82-SSA1,39,12 175.60 (3) (e) The individual is on release under s. 969.01 969.31 and the individual may not possess a dangerous weapon as a condition of the release.

SB82-SSA1,88 Section 88. 175.60 (9g) (a) 2. of the statutes is amended to read:

SB82-SSA1,40,6 175.60 (9g) (a) 2. The department shall conduct a criminal history record search and shall search its records and conduct a search in the national instant criminal background check system to determine whether the applicant is prohibited from possessing a firearm under federal law; whether the applicant is prohibited from possessing a firearm under s. 941.29; whether the applicant is prohibited from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats.; whether the applicant has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a); whether the applicant is subject to an injunction under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under s. 941.29 and that has been filed with the circuit court under s. 806.247 (3); and whether the applicant is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125 (4m); and to determine if the court has prohibited the applicant from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c) 969.33 (5) (b) and if the applicant is prohibited from possessing a dangerous weapon as a condition of release under s. 969.01 969.31.

SB82-SSA1,89 Section 89. 175.60 (11) (a) 2. b. of the statutes is amended to read:

SB82-SSA1,40,8 175.60 (11) (a) 2. b. The individual is found incompetent under s. 971.14 971.81.

SB82-SSA1,90 Section 90. 175.60 (11) (a) 2. c. of the statutes is amended to read:

SB82-SSA1,40,11 175.60 (11) (a) 2. c. The individual is found not guilty of any crime by reason of mental disease or mental defect under s. 971.17.

SB82-SSA1,91 Section 91. 175.60 (11) (a) 2. g. of the statutes is amended to read:

SB82-SSA1,40,14 175.60 (11) (a) 2. g. A court has prohibited the individual from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c) 969.33 (5) (b).

SB82-SSA1,92 Section 92. 175.60 (11) (a) 2. i. of the statutes is amended to read:

SB82-SSA1,40,17 175.60 (11) (a) 2. i. The individual is on release under s. 969.01 969.31 and the individual may not possess a dangerous weapon as a condition of the release.

SB82-SSA1,93 Section 93. 175.60 (14) (am) of the statutes is amended to read:

SB82-SSA1,41,2 175.60 (14) (am) The department shall suspend a license issued under this section if a court has prohibited the licensee from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c) 969.33 (5) (b). If the individual whose license was suspended is no longer subject to the prohibition under s. 969.02 (3) (c) or 969.03 (1) (c), whichever is applicable 969.33 (5) (b), sub. (3) (b), (c), (d), (e), (f), or (g) does not apply to the individual, and the suspended license would not have expired under sub. (15) (a) had it not been suspended, the department shall restore the license within 5 business days of notification that the licensee is no longer subject to the prohibition.

SB82-SSA1,94 Section 94. 195.048 (2) of the statutes is amended to read:

SB82-SSA1,41,5 195.048 (2) The immunity provided under sub. (1) is subject to the restrictions under s. 972.085 967.18.

SB82-SSA1,95 Section 95. 196.207 (3) (e) of the statutes is amended to read:

SB82-SSA1,41,8 196.207 (3) (e) A trap and trace device as authorized under ss. 968.34 968.376 to 968.37 968.405.

SB82-SSA1,96 Section 96. 196.48 (1) (b) of the statutes is amended to read:

SB82-SSA1,41,11 196.48 (1) (b) The immunity provided under par. (a) is subject to the restrictions under s. 972.085 967.18.

SB82-SSA1,97 Section 97. 230.81 (2) of the statutes is amended to read:

SB82-SSA1,41,19 230.81 (2) Nothing in this section prohibits an employee from disclosing information to an appropriate law enforcement agency, a state or federal district attorney in whose jurisdiction the crime is alleged to have occurred, a state or federal grand jury, or a judge in a proceeding commenced under s. 968.26 968.105, or disclosing information pursuant to any subpoena issued by any person authorized to issue subpoenas under s. 885.01. Any such disclosure of information is a lawful disclosure under this section and is protected under s. 230.83.

SB82-SSA1,98 Section 98. 251.16 of the statutes is amended to read:

SB82-SSA1,41,23 251.16 Local health department; evidence. The reports and employees of a local health department are subject to s. 970.03 (12) (b) ss. 971.042 (9) (b) and 971.75 (7) (b).

SB82-SSA1,99 Section 99. 252.11 (5m) of the statutes is amended to read:

SB82-SSA1,42,6 252.11 (5m) A health care professional, as defined in s. 968.38 968.725 (1) (a), acting under an order of a court under s. 938.296 (4) or 968.38 968.725 (4) may, without first obtaining informed consent to the testing, subject an individual to a test or a series of tests to ascertain whether that individual is infected with a sexually transmitted disease. No sample used for performance of a test under this subsection may disclose the name of the test subject.

SB82-SSA1,100 Section 100. 252.11 (7) of the statutes is amended to read:

SB82-SSA1,42,17 252.11 (7) Reports, examinations, and inspections and all records concerning sexually transmitted diseases are confidential and not open to public inspection, and may not be divulged except as may be necessary for the preservation of the public health, in the course of commitment proceedings under sub. (5), or as provided under s. 938.296 (4) or 968.38 968.725 (4). If a physician, physician assistant, or advanced practice nurse prescriber has reported a case of sexually transmitted disease to the department under sub. (4), information regarding the presence of the disease and treatment is not privileged when the patient, physician, physician assistant, or advanced practice nurse prescriber is called upon to testify to the facts before any court of record.

SB82-SSA1,101 Section 101. 252.15 (2m) (b) 3., (3m) (d) 14. and (4) (c) of the statutes are amended to read:

SB82-SSA1,42,24 252.15 (2m) (b) 3. HIV testing by a health care professional acting under an order of the court under sub. (5j) or s. 938.296 (4) or (5) or 968.38 968.725 (4) or (5). No sample used for laboratory test purposes under this subdivision may disclose the name of the HIV test subject, and the HIV test results may not be made part of the individual's permanent medical record.

SB82-SSA1,43,4 (3m) (d) 14. To a person under s. 938.296 (4) (a) to (e) as specified in s. 938.296 (4); to a person under s. 938.296 (5) (a) to (e) as specified in s. 938.296 (5); to a person under s. 968.38 968.725 (4) (a) to (c) as specified in s. 968.38 968.725 (4); or to a person under s. 968.38 968.725 (5) (a) to (c) as specified in s. 968.38 968.725 (5).

SB82-SSA1,43,8 (4) (c) A record of the results of an HIV test administered to the person, except that results of an HIV test administered under sub. (5g) or (5j) or s. 938.296 (4) or (5) or 968.38 968.725 (4) or (5) that include the identity of the test subject may not be maintained without the consent of the test subject.

SB82-SSA1,102 Section 102. 301.03 (3c) of the statutes is amended to read:

SB82-SSA1,43,14 301.03 (3c) If requested by the department of health services, contract with that department to supervise and provide services to persons who are conditionally transferred or discharged under s. 51.37 (9), conditionally released under s. 971.17 971.85 (3), or placed on supervised release under s. 980.06 (2), 1997 stats., or s. 980.08.

SB82-SSA1,103 Section 103. 301.03 (7m) of the statutes is amended to read:

SB82-SSA1,43,19 301.03 (7m) Supervise criminal defendants accepted into the custody of the department under s. 969.02 (3) (a) or 969.03 (1) (a) ch. 969. The department shall charge the county that is prosecuting the defendant a fee for providing this supervision. The department shall set the fee by rule.

SB82-SSA1,104 Section 104. 301.45 (1g) (c) of the statutes is amended to read:

SB82-SSA1,43,23 301.45 (1g) (c) Is found not guilty or not responsible by reason of mental disease or defect on or after December 25, 1993, and committed under s. 51.20 or 971.17 subch. VII of ch. 971 for a sex offense.

SB82-SSA1,105 Section 105. 301.45 (1g) (d) of the statutes is amended to read:

SB82-SSA1,44,3 301.45 (1g) (d) Is in institutional care or on conditional transfer under s. 51.35 (1) or conditional release under s. 971.17 971.85 on or after December 25, 1993, for a sex offense.

SB82-SSA1,106 Section 106. 301.45 (1g) (dd) of the statutes is amended to read:

SB82-SSA1,44,8 301.45 (1g) (dd) Is in institutional care or on conditional transfer under s. 51.35 (1) or conditional release under s. 971.17 971.85 on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of a law of this state that is comparable to a sex offense.

SB82-SSA1,107 Section 107. 301.45 (1g) (e) of the statutes is amended to read:

SB82-SSA1,44,12 301.45 (1g) (e) Is ordered by a court under s. 51.20 (13) (ct) 1m., 938.34 (15m) (am), 938.345 (3), 971.17 971.85 (1m) (b) 1m., or 973.048 (1m) to comply with the reporting requirements under this section.

SB82-SSA1,108 Section 108. 301.45 (1m) (b) of the statutes is amended to read:

SB82-SSA1,44,21 301.45 (1m) (b) If a person believes that he or she is not required under par. (a) to comply with the reporting requirements under this section and the person is not before the court under s. 51.20 (13) (ct), 938.34 (15m), 971.17 971.85 (1m) (b), or 973.048, the person may move a court to make a determination of whether the person satisfies the criteria specified in par. (a). A motion made under this paragraph shall be filed with the circuit court for the county in which the person was convicted, adjudicated delinquent or found not guilty or not responsible by reason of mental disease or defect.

SB82-SSA1,109 Section 109. 301.45 (1m) (be) of the statutes is amended to read:

SB82-SSA1,45,5 301.45 (1m) (be) A person who files a motion under par. (b) or s. 51.20 (13) (ct) 2m., 938.34 (15m) (bm), 971.17 971.85 (1m) (b) 2m., or 973.048 (2m) requesting a determination of whether the person is required to comply with the reporting requirements under this section shall send a copy of the motion to the district attorney for the county in which the motion is filed. The district attorney shall make a reasonable attempt to contact the victim of the crime that is the subject of the person's motion to inform the victim of his or her right to make or provide a statement under par. (bv).

SB82-SSA1,110 Section 110. 301.45 (1m) (bm) of the statutes is amended to read:

SB82-SSA1,45,11 301.45 (1m) (bm) A court shall hold a hearing on a motion made by a person under par. (b) or s. 51.20 (13) (ct) 2m., 938.34 (15m) (bm), 971.17 971.85 (1m) (b) 2m., or 973.048 (2m) requesting a determination of whether the person is required to comply with the reporting requirements under this section. The district attorney who receives a copy of a motion under par. (be) may appear at the hearing.

SB82-SSA1,111 Section 111. 301.45 (1m) (bv) of the statutes is amended to read:

SB82-SSA1,45,19 301.45 (1m) (bv) Before deciding a motion filed under par. (b) or s. 51.20 (13) (ct) 2m., 938.34 (15m) (bm), 971.17 971.85 (1m) (b) 2m., or 973.048 (2m) requesting a determination of whether the person is required to comply with the reporting requirements under this section, the court shall allow the victim of the crime that is the subject of the motion to make a statement in court at the hearing under par. (bm) or to submit a written statement to the court. A statement under this paragraph must be relevant to whether the person satisfies the criteria specified in par. (a).

SB82-SSA1,112 Section 112. 301.45 (1m) (d) 1. of the statutes is amended to read:

SB82-SSA1,46,2 301.45 (1m) (d) 1. Before deciding a motion filed by a person under par. (b) or s. 51.20 (13) (ct) 2m., 938.34 (15m) (bm), 971.17 971.85 (1m) (b) 2m., or 973.048 (2m) requesting a determination of whether the person is required to comply with the reporting requirements under this section, a court may request the person to be examined by a physician, psychologist, or other expert approved by the court. If the person refuses to undergo an examination requested by the court under this subdivision, the court shall deny the person's motion without prejudice.

SB82-SSA1,113 Section 113. 301.45 (1m) (e) (intro.) of the statutes is amended to read:

SB82-SSA1,46,9 301.45 (1m) (e) (intro.) At the hearing held under par. (bm), the person who filed the motion under par. (b) or s. 51.20 (13) (ct) 2m., 938.34 (15m) (bm), 971.17 971.85 (1m) (b) 2m., or 973.048 (2m) has the burden of proving by clear and convincing evidence that he or she satisfies the criteria specified in par. (a). In deciding whether the person has satisfied the criterion specified in par. (a) 3., the court may consider any of the following:

SB82-SSA1,114 Section 114. 301.45 (1p) (b) of the statutes is amended to read:

SB82-SSA1,47,2 301.45 (1p) (b) If a person is covered under sub. (1g) based solely on an order that was entered under s. 971.17 (1m) (b) 1m., 2013 stats., or under s. 51.20 (13) (ct) 1m., 938.34 (15m) (am), 938.345 (3) (a), 971.17 971.85 (1m) (b) 1m., or 973.048 (1m) in connection with a violation, or the solicitation, conspiracy, or attempt to commit a violation, of s. 942.09, and the court provided in the order that the person be released from the requirement to comply with the reporting requirements under this section upon satisfying the conditions of the court order under s. 51.20 (13) (ct) 1m. or the dispositional order under subch. VI of ch. 938, upon the termination or expiration of a commitment order under s. 971.17, 2013 stats., or under s. 971.85, or upon successful completion of the sentence or probation as provided under s. 973.048 (1m) (b), whichever is applicable, and the person satisfies the conditions of the court order under s. 51.20 (13) (ct) 1m. or the dispositional order under subch. VI of ch. 938, the commitment order under s. 971.17, 2013 stats., or under s. 971.85 is terminated or expires, or the person successfully completes the sentence or probation, whichever is applicable, the person is no longer required to comply with the reporting requirements under this section.

SB82-SSA1,115 Section 115. 301.45 (3) (a) 3. of the statutes is amended to read:

SB82-SSA1,47,9 301.45 (3) (a) 3. If the person has been committed under s. 51.20 or 971.17 971.85, he or she is subject to this subsection upon being placed on conditional release under s. 971.17 971.85 or on a conditional transfer under s. 51.35 (1) or, if he or she was not placed on conditional release or on a conditional transfer, before he or she is terminated under s. 971.17 971.85 (5) or discharged under s. 51.35 (4) or 971.17 971.85 (6).

SB82-SSA1,116 Section 116. 301.45 (3) (b) 3. of the statutes is amended to read:

SB82-SSA1,47,15 301.45 (3) (b) 3. The department of health services shall notify a person who is being placed on conditional release, supervised release, conditional transfer or parole, or is being terminated or discharged from a commitment, under s. 51.20, 51.35, or 971.17 971.85 or ch. 975 or 980 and who is covered under sub. (1g) of the need to comply with the requirements of this section.

SB82-SSA1,117 Section 117. 301.45 (5) (a) 3. of the statutes is amended to read:

SB82-SSA1,47,22 301.45 (5) (a) 3. If the person has been committed to the department of health services under s. 51.20 or 971.17 971.85 and is in institutional care or on conditional transfer under s. 51.35 (1) or conditional release under s. 971.17 971.85 for a sex offense, 15 years after termination of the commitment for the sex offense under s. 971.17 971.85 (5) or discharge from the commitment for the sex offense under s. 51.35 (4) or 971.17 971.85 (6).

SB82-SSA1,118 Section 118. 301.45 (5) (b) 3. of the statutes is amended to read:

SB82-SSA1,48,2 301.45 (5) (b) 3. The court that ordered the person to comply with the reporting requirements of this section under s. 51.20 (13) (ct), 938.34 (15m), 938.345 (3), 971.17 971.85 (1m) (b), or 973.048 also ordered the person to comply with the requirements until his or her death.

SB82-SSA1,119 Section 119. 301.45 (6) (a) 2. a. of the statutes is amended to read:

SB82-SSA1,48,7 301.45 (6) (a) 2. a. The person was ordered under s. 51.20 (13) (ct) 1m., 938.34 (15m) (am), 938.345 (3), 971.17 971.85 (1m) (b) 1m., or 973.048 (1m) to comply with the reporting requirements under this section based on a finding that he or she committed or solicited, conspired, or attempted to commit a misdemeanor.

SB82-SSA1,120 Section 120. 301.45 (6) (ag) 2. a. of the statutes is amended to read:

SB82-SSA1,48,12 301.45 (6) (ag) 2. a. The person was ordered under s. 51.20 (13) (ct) 1m., 938.34 (15m) (am), 938.345 (3), 971.17 971.85 (1m) (b) 1m., or 973.048 (1m) to comply with the reporting requirements under this section based on a finding that he or she committed or solicited, conspired, or attempted to commit a misdemeanor.

SB82-SSA1,121 Section 121. 301.45 (6) (bm) of the statutes is amended to read:

SB82-SSA1,48,22 301.45 (6) (bm) Subject to s. 971.19 970.14 (9), a district attorney or, upon the request of a district attorney, the department of justice may prosecute a knowing failure to comply with any requirement to provide information under subs. (2) to (4). If the department of corrections determines that there is probable cause to believe that a person has knowingly failed to comply with any requirement to provide information under subs. (2) to (4) or has intentionally violated sub. (4r), the department shall forward a certified copy of all pertinent departmental information to the applicable district attorney. The department shall certify the copy in accordance with s. 889.08.

SB82-SSA1,122 Section 122. 301.45 (7) (f) 4. of the statutes is amended to read:

SB82-SSA1,49,2 301.45 (7) (f) 4. If the person was ordered by a court under s. 971.17 971.85 (1m) (b) 1m. to comply with the reporting requirements under this section, when the department receives notice under s. 971.17 971.85 (6m) (b) 2. that the commitment order under s. 971.17 971.85 is terminated or has expired.

SB82-SSA1,123 Section 123. 301.46 (3) (d) of the statutes is amended to read:

SB82-SSA1,49,6 301.46 (3) (d) The department of health services shall provide the department with access to the names of victims or the family members of victims who have completed cards requesting notification under s. 971.17 971.85 (6m) or 980.11.

SB82-SSA1,124 Section 124. 301.47 (3) (b) 1. of the statutes is amended to read:

SB82-SSA1,49,11 301.47 (3) (b) 1. The person was ordered under s. 51.20 (13) (ct) 1m., 938.34 (15m) (am), 938.345 (3), 971.17 971.85 (1m) (b) 1m., or 973.048 (1m) to comply with the reporting requirements under s. 301.45 based on a finding that he or she committed or solicited, conspired, or attempted to commit a misdemeanor.

SB82-SSA1,125 Section 125. 301.48 (2) (a) 4. of the statutes is amended to read:

SB82-SSA1,49,15 301.48 (2) (a) 4. A court that found the person not guilty of a serious child sex offense by reason of mental disease or mental defect places the person on conditional release.