Amendment ASA1-AB60

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MGD:kmg:rs

2003 - 2004 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2003 ASSEMBLY BILL 60

March 12, 2003 - Offered by Representative Gundrum.

AB60-ASA1,1,4 An Act to renumber and amend 301.45 (6) (ag); to repeal and recreate 301.45 (6) (a) 1. and 301.45 (6) (a) 2.; and to create 301.45 (6) (ag) 1. and 2. of the statutes; relating to: sex offender registration and residency requirements and providing penalties.

Analysis by the Legislative Reference Bureau

Under current law, persons convicted of certain felony sex offenses are required to register as sex offenders with the Department of Corrections (DOC). In addition, courts may order persons who commit certain other felonies or misdemeanors to register as sex offenders if their conduct was sexually motivated and it is in the interest of public protection to have them register. Any person required to register as a sex offender must provide DOC a variety of information, including his or her name, address, and place of employment, where he or she attends school, and certain descriptive information. In addition, the person must update that information annually or, if the person is required to register for the rest of his or her life, every 90 days (the periodic update requirement). With one exception, any person required to register must also update that information no later than ten days after any of the information changes. The exception relates to a change of residence for a person on parole or extended supervision (ES). If a person on parole or ES is moving, he or she must provide DOC his or her new address before the move or, if the move is unplanned, within 24 hours thereafter (the address change notification requirement).

A person who is required to register but who knowingly fails to comply with one of the registration requirements described above is guilty of a misdemeanor and may be fined not more than $10,000 or sentenced to the county jail for up to nine months, or both, if the offense is the person's first. If the offense is a second or subsequent offense, the person is guilty of a Class H felony, for which he or she may be fined up to $10,000 or sentenced to a term of imprisonment (consisting of a term of confinement in state prison followed by a term of ES) of up to six years, or both.

Under this bill, if a sex offender who is required to register with DOC based on his or her commission of a felony fails to comply with one of the registration requirements described above, he or she is guilty of a Class H felony, regardless of the number of prior offenses.

Current law also prohibits any person on parole or ES who is required to register as a sex offender from changing his or her residence unless he or she has complied with the periodic update requirement and the address change notification requirements. Any person who intentionally violates this prohibition is guilty of a misdemeanor and may be fined not more than $10,000 or sentenced to the county jail for up to nine months or both. This bill makes the penalty for this offense the same as the penalty for failure to comply with a registration requirement (as revised by this bill). Specifically, a person on parole or ES who violates the prohibition regarding moving is guilty of a Class H felony, unless the person is required to register with DOC based on his or her commission of a misdemeanor and the offense is the person's first. In that case, the person is guilty of a misdemeanor and may be fined not more than $10,000 or sentenced to the county jail for up to nine months or both.

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

AB60-ASA1, s. 1 Section 1. 301.45 (6) (a) 1. of the statutes is repealed and recreated to read:

AB60-ASA1,2,3 301.45 (6) (a) 1. Except as provided in subd. 2., the person is guilty of a Class H felony.

AB60-ASA1, s. 2 Section 2. 301.45 (6) (a) 2. of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB60-ASA1,2,7 301.45 (6) (a) 2. The person may be fined not more than $10,000 or imprisoned for not more than 9 months or both if all of the following apply:

AB60-ASA1,3,4 a. The person was ordered under s. 51.20 (13) (ct) 1m., 938.34 (15m) (am), 938.345 (3), 971.17 (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.

AB60-ASA1,3,7 b. The person was not convicted of knowingly failing to comply with any requirement to provide information under subs. (2) to (4) before committing the present violation.

AB60-ASA1, s. 3 Section 3. 301.45 (6) (ag) of the statutes is renumbered 301.45 (6) (ag) (intro.) and amended to read:

AB60-ASA1,3,12 301.45 (6) (ag) (intro.) Whoever intentionally violates sub. (4r) may be fined not more than $10,000 or imprisoned for not more than 9 months or both. is subject to the following penalties:

AB60-ASA1, s. 4 Section 4. 301.45 (6) (ag) 1. and 2. of the statutes are created to read:

AB60-ASA1,3,15 301.45 (6) (ag) 1. Except as provided in subd. 2., the person is guilty of a Class H felony.

AB60-ASA1,3,17 2. The person may be fined not more than $10,000 or imprisoned for not more than 9 months or both if all of the following apply:

AB60-ASA1,3,21 a. The person was ordered under s. 51.20 (13) (ct) 1m., 938.34 (15m) (am), 938.345 (3), 971.17 (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.

AB60-ASA1,3,23 b. The person was not convicted of another offense under sub. (4r) before committing the present violation.

AB60-ASA1, s. 5 Section 5. Initial applicability.

AB60-ASA1,4,5 (1) This act first applies to offenses committed on the effective date of this subsection but does not preclude counting other offenses as prior convictions for the purpose of determining whether a person is subject to penalties under section 301.45 (6) (a) 1. of the statutes, as affected by this act, or section 301.45 (6) (ag) 1. of the statutes, as created by this act.

AB60-ASA1,4,6 (End)