LRBs0236/1
CMH:cjs:ph
2009 - 2010 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2009 SENATE BILL 325
January 13, 2010 - Offered by Senator Kreitlow.
SB325-SSA1,1,2
1An Act to create 301.50 of the statutes;
relating to: notification to a parent
2before chaperoning a sex offender.
Analysis by the Legislative Reference Bureau
Currently, the Department of Corrections (DOC) approves individuals as
chaperones for sex offenders, and DOC designs a chaperone agreement for the
individual to sign. This substitute amendment requires the chaperone agreement
to indicate that the individual has notified in writing any other person with whom
the individual has a child in common of the individual's intention to chaperone a sex
offender.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB325-SSA1,2,8
4301.50 Notification of intent to chaperone sex offenders. (1) In this
5section, "substantial parental relationship" means the acceptance and exercise of
6significant responsibility for the daily supervision, education, protection, and care
1of the child. In evaluating whether an individual has had a substantial parental
2relationship with the child, factors that may be considered include, but are not
3limited to, whether the individual has expressed concern for or interest in the
4support, care, or well-being of the child; whether the individual has neglected or
5refused to provide care or support for the child; and whether, with respect to an
6individual who is or may be the father of the child, the individual has expressed
7concern for or interest in the support, care, or well-being of the mother during her
8pregnancy.
SB325-SSA1,2,16
9(2) The department shall design a form to be signed by any individual who
10intends to be a chaperone for sex offenders. The form must include a place for the
11individual's signature as well as a statement that the individual has, unless par. (a),
12(b), or (c) applies, informed, in writing, or has made a good faith effort to inform, any
13individual with whom the individual who intends to be a chaperone has a child in
14common, whether through blood, marriage, or adoption, of his or her intent to
15chaperone a sex offender. The individual does not have to inform an individual with
16whom he or she has a child in common if any of the following applies:
SB325-SSA1,2,1717
(a) The child in common is over the age of 18.
SB325-SSA1,2,1918
(b) The individual who intends to be a chaperone is not the child's parent or has
19not had a substantial parental relationship with the child.
SB325-SSA1,2,2220
(c) The individual who has a child in common with the individual who intends
21to be a chaperone is not the child's parent or has not had a substantial parental
22relationship with the child.
SB325-SSA1,2,24
23(3) The department is immune from any civil liability for any good faith act or
24omission of the department in connection with the requirements under this section.
SB325-SSA1,3,2
1(1) This act first applies to individuals who are approved to be a chaperone on
2the effective date of this subsection.
