Amendment SSA2-SB182

LRBs0638/1

JEO:skg:jlb

1995 - 1996 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 2, To 1995 SENATE BILL 182

March 26, 1996 - Offered by Joint committee on Finance.

SB182-SSA2,2,13 An Act to repeal 175.45 (9); to renumber 175.45 (title), 175.45 (1) (intro.), 175.45 (3) (title), 175.45 (3) (a) (intro.), 175.45 (7) (b), 980.11 (2) (a), 980.11 (2) (b) and 980.11 (2) (c); to renumber and amend 175.45 (1) (a), 175.45 (1) (b), 175.45 (1) (c), 175.45 (1) (d), 175.45 (1) (e), 175.45 (2) (title), 175.45 (2), 175.45 (3) (a) 1., 175.45 (3) (a) 2., 175.45 (3) (a) 3., 175.45 (3) (a) 4., 175.45 (3) (b), 175.45 (4), 175.45 (5), 175.45 (6), 175.45 (7) (title), 175.45 (7) (a), 175.45 (7) (c), 175.45 (8), 971.17 (1m), 971.17 (4m) (b) and 971.17 (6m) (b); to amend 51.20 (13) (cr), 51.375 (1) (a) and (d), 165.76 (2) (b) 3., 165.76 (3), 165.765 (1), 165.765 (2) (a), 165.77 (2) (b), 165.77 (3), 301.132 (1) (c), 938.185 (3), 938.34 (15) (title), 938.34 (15) (a) 1., 938.34 (15) (a) 2., 942.06 (1), 942.06 (2), 950.045, 971.17 (4m) (title), 971.17 (4m) (c), 971.17 (4m) (d), 971.17 (6m) (title), 971.17 (6m) (c), 971.17 (6m) (d), 971.19 (9), 973.047 (title), 973.047 (1) (a), 973.047 (1) (b), 980.11 (title), 980.11 (2) (intro.), 980.11 (3) and 980.11 (4); to repeal and recreate 165.76 (3), 165.765 (1), 165.765 (2) (a), 165.77 (2) (b), 165.77 (3) and 950.045; and to create 20.410 (1) (gc), 48.396 (2) (f), 51.20 (13) (ct), 51.30 (3) (d), 51.30 (4) (b) 24., 51.375, 165.76 (1) (d), 165.76 (1) (e), 165.76 (2) (b) 3m., 165.76 (2) (b) 4., 165.76 (2) (b) 6., 165.8285, 301.132, 301.45 (1) (bm), 301.45 (1) (dd), 301.45 (1) (dh), 301.45 (1) (dp), 301.45 (1) (dt), 301.45 (2) (a), 301.45 (2) (b), 301.45 (2) (d), 301.45 (2) (e), 301.45 (3) (a) 1m., 301.45 (3) (a) 2m., 301.45 (3) (a) 3g., 301.45 (3) (a) 3r., 301.45 (3) (b) 1m., 301.45 (3) (b) 3., 301.45 (3) (b) 3m., 301.45 (4m), 301.45 (5) (a) 1m., 301.45 (5) (a) 3m., 301.45 (5) (b), 301.45 (6) (c), 301.45 (9), 301.46, 304.137, 938.34 (15m), 938.396 (2) (em), 939.646, 942.06 (2m) and (2q), 971.17 (1m) (b), 971.17 (4m) (b) 2., 971.17 (6m) (b) 2., 973.048, 980.063 and 980.11 (2) (bm) of the statutes; relating to: sex offender registration requirements, the release to certain persons of information concerning sex offenders required to register, requiring persons who are found to be sexually violent persons to provide biological specimens for deoxyribonucleic acid analysis, administering lie detector tests to sex offenders, granting rule-making authority, making an appropriation and providing a penalty.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB182-SSA2, s. 1 Section 1. 20.410 (1) (gc) of the statutes is created to read:

SB182-SSA2,2,18 20.410 (1) (gc) Sex offender honesty testing. All moneys received from probation and parole clients who are required to pay for polygraph examinations, as prescribed by rule in accordance with s. 301.132 (3), for expenditures related to the lie detector test program for probationers and parolees under s. 301.132.

SB182-SSA2, s. 2 Section 2. 48.396 (2) (f) of the statutes is created to read:

SB182-SSA2,3,3 48.396 (2) (f) Upon request of the department of corrections to review court records for the purpose of obtaining information concerning a child required to register under s. 301.45, the court shall open for inspection by authorized representatives of the department of corrections the records of the court relating to any child who has been found in need of protection or services for an offense specified in s. 301.45 (1) (a). The department of corrections may disclose information that it obtains under this paragraph as provided under s. 301.46.

SB182-SSA2, s. 3 Section 3. 51.20 (13) (cr) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

SB182-SSA2,3,11 51.20 (13) (cr) If the subject individual is before the court on a petition filed under a court order under s. 938.30 (5) (c) 1. and is found to have committed a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025, the court shall require the individual to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis and to comply with the reporting and testing requirements of s. 175.45.

SB182-SSA2, s. 4 Section 4. 51.20 (13) (ct) of the statutes is created to read:

SB182-SSA2,3,18 51.20 (13) (ct) 1. If the subject individual is before the court on a petition filed under a court order under s. 938.30 (5) (c) 1. and is found to have committed a violation, or to have solicited, conspired or attempted to commit a violation, of s. 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08 or 948.11, the court shall require the individual to comply with the reporting requirements under s. 301.45.

SB182-SSA2,4,2 2. Except as provided in subd. 1., if the subject individual is before the court on a petition filed under a court order under s. 938.30 (5) (c) 1. and is found to have committed any violation, or to have solicited, conspired or attempted to commit any violation, of ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the subject individual to comply with the reporting requirements under s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest of public protection to have the subject individual report under s. 301.45.

SB182-SSA2, s. 5 Section 5. 51.30 (3) (d) of the statutes is created to read:

SB182-SSA2,4,7 51.30 (3) (d) The department of corrections shall have access to the files and records of court proceedings under this chapter concerning an individual required to register under s. 301.45. The department of corrections may disclose information that it obtains under this paragraph as provided under s. 301.46.

SB182-SSA2, s. 6 Section 6. 51.30 (4) (b) 24. of the statutes is created to read:

SB182-SSA2,4,12 51.30 (4) (b) 24. To the department of corrections for the purpose of obtaining information concerning a person required to register under s. 301.45. The department of corrections may disclose information that it receives under this subdivision as provided under s. 301.46.

SB182-SSA2, s. 7 Section 7. 51.375 of the statutes is created to read:

SB182-SSA2,4,14 51.375 Honesty testing of sex offenders. (1) In this section:

SB182-SSA2,4,16 (a) "Community placement" means conditional transfer into the community under s. 51.35 (1) or conditional release under s. 971.17.

SB182-SSA2,4,17 (b) "Lie detector" has the meaning given in s. 111.37 (1) (b).

SB182-SSA2,4,18 (c) "Polygraph" has the meaning given in s. 111.37 (1) (c).

SB182-SSA2,4,21 (d) "Sex offender" means a person committed to the department who meets any of the criteria specified in s. 175.45 (1), regardless of whether he or she is required to register under s. 175.45 (3).

SB182-SSA2,4,23 (2) The department may require, as a condition of a community placement, that a sex offender submit to a lie detector test when directed to do so by the department.

SB182-SSA2,4,25 (3) The department shall promulgate rules establishing a lie detector test program for sex offenders who are in a community placement.

SB182-SSA2, s. 8 Section 8. 51.375 (1) (a) and (d) of the statutes, as created by 1995 Wisconsin Act .... (this act), are amended to read:

SB182-SSA2,5,6 51.375 (1) (a) "Community placement" means conditional transfer into the community under s. 51.35 (1) or, conditional release under s. 971.17, parole from a commitment for specialized treatment under ch. 975 or conditional release under ch. 980.

SB182-SSA2,5,9 (d) "Sex offender" means a person committed to the department who meets any of the criteria specified in s. 175.45 (1), regardless of whether he or she is required to register under s. 175.45 (3) 301.45 (1).

SB182-SSA2, s. 9 Section 9. 165.76 (1) (d) of the statutes is created to read:

SB182-SSA2,5,12 165.76 (1) (d) Is found to be a sexually violent person under ch. 980 on or after June 2, 1994.

SB182-SSA2, s. 10 Section 10. 165.76 (1) (e) of the statutes is created to read:

SB182-SSA2,5,18 165.76 (1) (e) Is on parole or probation in this state from another state under s. 304.13 or 304.135 on or after the effective date of this paragraph .... [revisor inserts date], for a violation of the law of another state that the department of corrections determines, under s. 304.137, is comparable to a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.

SB182-SSA2, s. 11 Section 11. 165.76 (2) (b) 3. of the statutes is amended to read:

SB182-SSA2,5,23 165.76 (2) (b) 3. If the person has been committed to the department of health and social services under s. 51.20 or 971.17 or found to be a sexually violent person under ch. 980, he or she shall provide the specimen under par. (a) as directed by the department of health and social services.

SB182-SSA2, s. 12 Section 12. 165.76 (2) (b) 3m. of the statutes is created to read:

SB182-SSA2,6,4 165.76 (2) (b) 3m. If the person is on parole or probation in this state from another state under s. 304.13 or 304.135, he or she shall provide the specimen under par. (a) at the office of a county sheriff as soon as practicable after entering this state, as directed by his or her probation and parole agent.

SB182-SSA2, s. 13 Section 13. 165.76 (2) (b) 4. of the statutes is created to read:

SB182-SSA2,6,8 165.76 (2) (b) 4. If subds. 1. to 3m. do not apply, the department of justice shall specify in its order the time and procedure for the person to provide the specimen under par. (a).

SB182-SSA2, s. 14 Section 14. 165.76 (2) (b) 6. of the statutes is created to read:

SB182-SSA2,6,14 165.76 (2) (b) 6. Notwithstanding subd. 3m., for a person who is subject to sub. (1) (e) and who is on parole or probation in this state from another state on the effective date of this subdivision .... [revisor inserts date], the department of justice and the department of corrections shall cooperate to have these persons provide specimens under par. (a) before July 1, 2000.

SB182-SSA2, s. 15 Section 15. 165.76 (3) of the statutes is amended to read:

SB182-SSA2,6,18 165.76 (3) If a person is required to submit a biological specimen under s. 48.34 (15), 51.20 (13) (cr), 971.17 (1m) or (a), 973.047 or 980.063, he or she shall comply with that requirement and is not required to comply with this section.

SB182-SSA2, s. 16 Section 16. 165.76 (3) of the statutes, as affected by 1995 Wisconsin Acts 77 and .... (this act), is repealed and recreated to read:

SB182-SSA2,6,23 165.76 (3) If a person is required to submit a biological specimen under s. 51.20 (13) (cr), 938.34 (15), 971.17 (1m) (a), 973.047 or 980.063, he or she shall comply with that requirement and is not required to comply with this section.

SB182-SSA2, s. 17 Section 17. 165.765 (1) of the statutes is amended to read:

SB182-SSA2,7,3 165.765 (1) Whoever intentionally fails to comply with a requirement to submit a biological specimen under s. 48.34 (15), 165.76 or, 973.047 or 980.063 may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB182-SSA2, s. 18 Section 18. 165.765 (1) of the statutes, as affected by 1995 Wisconsin Acts 77 and .... (this act), is repealed and recreated to read:

SB182-SSA2,7,8 165.765 (1) Whoever intentionally fails to comply with a requirement to submit a biological specimen under s. 165.76, 938.34 (15), 973.047 or 980.063 may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB182-SSA2, s. 19 Section 19. 165.765 (2) (a) of the statutes is amended to read:

SB182-SSA2,7,14 165.765 (2) (a) Any physician, registered nurse, medical technologist, physician assistant or person acting under the direction of a physician who obtains a biological specimen under s. 48.34 (15), 165.76 or, 973.047 or 980.063 is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.

SB182-SSA2, s. 20 Section 20. 165.765 (2) (a) of the statutes, as affected by 1995 Wisconsin Acts 77 and .... (this act), is repealed and recreated to read:

SB182-SSA2,7,21 165.765 (2) (a) Any physician, registered nurse, medical technologist, physician assistant or person acting under the direction of a physician who obtains a biological specimen under s. 165.76, 938.34 (15), 973.047 or 980.063 is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.

SB182-SSA2, s. 21 Section 21. 165.77 (2) (b) of the statutes is amended to read:

SB182-SSA2,7,24 165.77 (2) (b) Paragraph (a) does not apply to specimens received under s. 48.34 (15), 51.20 (13) (cr), 165.76, 971.17 (1m) or (a), 973.047 or 980.063.

SB182-SSA2, s. 22 Section 22. 165.77 (2) (b) of the statutes, as affected by 1995 Wisconsin Acts 77 and .... (this act), is repealed and recreated to read:

SB182-SSA2,8,4 165.77 (2) (b) Paragraph (a) does not apply to specimens received under s. 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) (a), 973.047 or 980.063.

SB182-SSA2, s. 23 Section 23. 165.77 (3) of the statutes is amended to read:

SB182-SSA2,8,18 165.77 (3) If the laboratories receive a human biological specimen under s. 48.34 (15), 51.20 (13) (cr), 165.76, 971.17 (1m) or (a), 973.047 or 980.063, the laboratories shall analyze the deoxyribonucleic acid in the specimen. The laboratories shall maintain a data bank based on data obtained from deoxyribonucleic acid analysis of those specimens. The laboratories may compare the data obtained from one specimen with the data obtained from other specimens. The laboratories may make data obtained from any analysis and comparison available to law enforcement agencies in connection with criminal or delinquency investigations and, upon request, to any prosecutor, defense attorney or subject of the data. The data may be used in criminal and delinquency actions and proceedings. In this state, the use is subject to s. 972.11 (5). The laboratories shall destroy specimens obtained under this subsection after analysis has been completed and the applicable court proceedings have concluded.

SB182-SSA2, s. 24 Section 24. 165.77 (3) of the statutes, as affected by 1995 Wisconsin Acts 77 and .... (this act), is repealed and recreated to read:

SB182-SSA2,9,8 165.77 (3) If the laboratories receive a human biological specimen under s. 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) (a), 973.047 or 980.063, the laboratories shall analyze the deoxyribonucleic acid in the specimen. The laboratories shall maintain a data bank based on data obtained from deoxyribonucleic acid analysis of those specimens. The laboratories may compare the data obtained from one specimen with the data obtained from other specimens. The laboratories may make data obtained from any analysis and comparison available to law enforcement agencies in connection with criminal or delinquency investigations and, upon request, to any prosecutor, defense attorney or subject of the data. The data may be used in criminal and delinquency actions and proceedings. In this state, the use is subject to s. 972.11 (5). The laboratories shall destroy specimens obtained under this subsection after analysis has been completed and the applicable court proceedings have concluded.

SB182-SSA2, s. 25 Section 25. 165.8285 of the statutes is created to read:

SB182-SSA2,9,14 165.8285 Transaction information for management of enforcement system; department of corrections records. (1) The department of justice shall, through the transaction information for management of enforcement system, provide local law enforcement agencies with access to the registry of sex offenders maintained by the department of corrections under s. 301.45.

SB182-SSA2,9,17 (2) The department of justice shall provide the department of corrections with access to the transaction information for management of enforcement system administrative message process.

SB182-SSA2,9,25 (3) Beginning on the effective date of this subsection .... [revisor inserts date], the department of justice and the department of corrections shall cooperate in using the transaction information for management of enforcement system, and in developing or using any other computerized or direct electronic data transfer system, in anticipation of the transfer of the sex offender registry from the department of justice to the department of corrections under 1995 Wisconsin Act .... (this act) and for the purpose of providing access to or disseminating information from the sex offender registry under s. 301.45.

SB182-SSA2, s. 26 Section 26. 175.45 (title) of the statutes is renumbered 301.45 (title).

SB182-SSA2, s. 27 Section 27. 175.45 (1) (intro.) of the statutes is renumbered 301.45 (1) (intro.).

SB182-SSA2, s. 28 Section 28. 175.45 (1) (a) of the statutes is renumbered 301.45 (1) (a) and amended to read:

SB182-SSA2,10,9 301.45 (1) (a) Is convicted, adjudicated delinquent or found in need of protection or services on or after December 25, 1993, for any violation , or for the solicitation, conspiracy or attempt to commit any violation, of s. 940.22 (2), 940.225 (1) or, (2) or (3), 944.06, 948.02 (1) or (2) or, 948.025, 948.05, 948.055, 948.06, 948.07, 948.08 or 948.11.

SB182-SSA2, s. 29 Section 29. 175.45 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 77, is renumbered 301.45 (1) (b) and amended to read:

SB182-SSA2,10,17 301.45 (1) (b) Is in prison, a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or on probation, parole, supervision or aftercare supervision on or after December 25, 1993, for any violation, for the solicitation, conspiracy or attempt to commit any violation, of s. 940.22 (2), 940.225 (1) or, (2) or (3), 944.06, 948.02 (1) or (2) or, 948.025, 948.05, 948.055, 948.06, 948.07, 948.08 or 948.11.

SB182-SSA2, s. 30 Section 30. 175.45 (1) (c) of the statutes is renumbered 301.45 (1) (c) and amended to read:

SB182-SSA2,10,24 301.45 (1) (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 for any violation, or for the solicitation, conspiracy or attempt to commit any violation, of s. 940.22 (2), 940.225 (1) or, (2) or (3), 944.06, 948.02 (1) or (2) or, 948.025, 948.05, 948.055, 948.06, 948.07, 948.08 or 948.11.

SB182-SSA2, s. 31 Section 31. 175.45 (1) (d) of the statutes is renumbered 301.45 (1) (d) and amended to read: